38 U.S.C. § 7613 — Scholarship

Page 1268 TITLE 38—VETERANS’ BENEFITS § 7613 years for which a scholarship may be provided under this subchapter shall be the number of school years provided for as a result of the ex- tension. (3) In the case of a participant who is a part- time student— (A) the period of obligated service shall be reduced in accordance with the proportion that the number of credit hours carried by such participant in any such school year bears to the number of credit hours required to be carried by a full-time student in the course of training being pursued by the participant, but in no event to less than one year; and (B) the agreement shall include the partici- pant’s agreement to maintain employment, while enrolled in such course of education or training, as a Department employee perma- nently assigned to a Department health-care facility. (4) If a participant’s period of obligated service is deferred under section 7616(b)(3)(A)(i) of this title, the agreement terms under paragraph (1) of this subsection shall provide for the partici- pant to serve any additional period of obligated service that is prescribed by the Secretary under section 7616(b)(4)(B) of this title. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 520, § 4312; amended Pub. L. 101–237, title II, § 207(a), Dec. 18, 1989, 103 Stat. 2068; renumbered § 7612 and amended Pub. L. 102–40, title IV, §§ 402(b)(1), (d)(1), 403(b)(4), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title II, § 202(a), Oct. 9, 1992, 106 Stat. 1983; Pub. L. 103–446, title XII, § 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682; Pub. L. 111–163, title VI, § 603(b), May 5, 2010, 124 Stat. 1173; Pub. L. 113–146, title III, § 301(c), Aug. 7, 2014, 128 Stat. 1786; Pub. L. 115–182, title III, § 301(a), June 6, 2018, 132 Stat. 1462.) Editorial Notes AMENDMENTS 2018—Subsec. (b)(6). Pub. L. 115–182 added par. (6). 2014—Subsec. (b)(5)(B), (C). Pub. L. 113–146 added sub- par. (B) and redesignated former subpar. (B) as (C). 2010—Subsec. (b)(2). Pub. L. 111–163 substituted ‘‘as an appointee under paragraph (1) or (3) of section 7401 of this title.’’ for ‘‘(under section 7401 of this title) as any of the following: ‘‘(A) A physician, dentist, podiatrist, optometrist, nurse, physician assistant, or expanded function den- tal auxiliary. ‘‘(B) A psychologist described in section 7401(3) of this title or a certified or registered respiratory ther- apist, licensed physical therapist, or licensed prac- tical or vocational nurse.’’ 1994—Subsec. (c)(1)(B). Pub. L. 103–446 substituted ‘‘Veterans Health Administration’’ for ‘‘Department of Medicine and Surgery’’. 1992—Subsec. (c)(1)(B). Pub. L. 102–405 inserted before period at end ‘‘, but for not less than two years’’. 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4312 of this title as this section. Subsec. (a)(1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7602’’ for ‘‘4302’’. Subsec. (a)(2). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7602’’ for ‘‘4302’’. Subsec. (a)(3). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ wher- ever appearing. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7603’’ for ‘‘4303’’. Subsec. (b)(2). Pub. L. 102–40, § 403(b)(4)(A), sub- stituted ‘‘7401’’ for ‘‘4104’’ in introductory provisions and ‘‘7401(3)’’ for ‘‘4104(3)’’ in subpar. (B). Subsec. (b)(3). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 403(b)(4)(B), substituted ‘‘subsection (a)(1) of section 7455 of this title for personnel described in subsection (a)(2)(B) of such section’’ for ‘‘section 4107(g)(1)(B) of this title’’. Subsec. (b)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ and ‘‘Sec- retary’s’’ for ‘‘Administrator’s’’. Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Subsec. (c)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ in introduc- tory provisions and ‘‘Secretary’s’’ for ‘‘Administra- tor’s’’ in subpar. (A). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7604’’ for ‘‘4304’’ in introductory provisions and ‘‘7602’’ for ‘‘4302’’ in sub- par. (A). Subsec. (c)(2). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7614(3)’’ for ‘‘4314(3)’’. Subsec. (c)(3)(B). Pub. L. 102–83, § 4(a)(3), (4), sub- stituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places. Subsec. (c)(4). Pub. L. 102–83, § 4(b)(1), (2)(E), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7616(b)(3)(A)(i)’’ for ‘‘4316(b)(3)(A)(i)’’ and ‘‘7616(b)(4)(B)’’ for ‘‘4316(b)(4)(B)’’. 1989—Subsec. (b)(5). Pub. L. 101–237 amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘In selecting applicants for the Scholarship Program, the Administrator shall give priority to the applica- tions of individuals who will be entering their final year in a course of training.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–405, title II, § 202(b), Oct. 9, 1992, 106 Stat. 1983, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to schol- arship agreements entered into after the date of the en- actment of this Act [Oct. 9, 1992].’’ IMPLEMENTATION OF EQUITABLE ALLOCATION PROVISIONS Pub. L. 101–237, title II, § 207(a), Dec. 18, 1989, 103 Stat. 2068, provided that: ‘‘The Secretary of Veterans Affairs shall provide for the implementation of the amendment made by subsection (a) [amending this section] begin- ning with scholarships awarded under section 4312 [now 7612] of title 38, United States Code, during 1990.’’ § 7613. Scholarship (a) A scholarship provided to a participant in the Scholarship Program for a school year under the Scholarship Program shall consist of pay- ment of the tuition of the participant for that school year, payment of other reasonable edu- cational expenses (including fees, books, and laboratory expenses) for that school year, and a stipend determined under subsection (b) of this section. (b) A stipend under this section for a school year shall be payment to the participant of not in excess of $485 per month (adjusted in accord- ance with section 7631 of this title) for each of the 12 consecutive months beginning with the first month of the school year, except that a sti- pend may not be paid to a participant who is a full-time employee of the Department. The sti- Page 1269 TITLE 38—VETERANS’ BENEFITS § 7616 pend of a participant who is a part-time student shall be adjusted as provided in sections 7614(1) and 7614(2) of this title. (c) The Secretary may arrange with an edu- cational institution in which a participant in the Scholarship Program is enrolled for the pay- ment to the educational institution of the amounts of tuition and other reasonable edu- cational expenses described in subsection (a) of this section. Such payments may be made with- out regard to subsections (a) and (b) of section 3324 of title 31. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 521, § 4313; renumbered § 7613 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4313 of this title as this section. Subsec. (b). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–40, § 402(d)(1), substituted ‘‘7631’’ for ‘‘4331’’ and ‘‘7614(1) and 7614(2)’’ for ‘‘4314(1) and ‘‘4314(2)’’. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted ‘‘Secretary’’ for ‘‘Administrator’’. § 7614. Part-time students In the case of a participant who is a part-time student— (1) the maximum amount of the stipend pay- able to the participant shall be reduced in ac- cordance with the proportion that the number of credit hours carried by such participant bears to the number of credit hours required to be carried by a full-time student in the course of education or training being pursued by the participant; (2) a stipend may not be paid for any month during which the participant is not actually attending the course of training in which the participant is enrolled; and (3) the Secretary may extend the period for which a scholarship may be awarded to the participant to a maximum of six school years if the Secretary determines that the extension would be in the best interest of the United States. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 522, § 4314; renumbered § 7614, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4314 of this title as this section. Par. (3). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’ in two places. § 7615. Status of participants Participants in the Scholarship Program shall not by reason of their participation in such pro- gram (1) be considered to be employees of the Federal Government, or (2) be counted against any personnel ceiling affecting the Veterans Health Administration. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 522, § 4315; renumbered § 7615, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 103–446, title XII, § 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–446 substituted ‘‘Veterans Health Administration’’ for ‘‘Department of Medicine and Sur- gery’’. 1991—Pub. L. 102–40 renumbered section 4315 of this title as this section. § 7616. Obligated service (a) Each participant in the Scholarship Pro- gram shall provide service as a full-time em- ployee of the Department for the period of obli- gated service provided in the agreement of the participant entered into under section 7603 of this title. Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Secretary. (b)(1) Not later than 60 days before the partici- pant’s service commencement date, the Sec- retary shall notify the participant of that serv- ice commencement date. That date is the date for the beginning of the participant’s period of obligated service. (2) As soon as possible after the participant’s service commencement date, the Secretary shall— (A) in the case of a participant who is not a full-time employee in the Veterans Health Ad- ministration, appoint such participant as such an employee; and (B) in the case of a participant who is an em- ployee in the Veterans Health Administration but is not serving in a position for which such participant’s course of education or training prepared such participant, assign such partici- pant to such a position. (3)(A)(i) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the partici- pant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, op- tometry, or podiatry, as the case may be, in a State. However, the Secretary may, at the re- quest of such participant, defer such date until the end of the period of time required for the participant to complete an internship or resi- dency or other advanced clinical training. If the participant requests such a deferral, the Sec- retary shall notify the participant that such de- ferral could lead to an additional period of obli- gated service in accordance with paragraph (4) of this subsection. (ii) No such period of internship or residency or other advanced clinical training shall be counted toward satisfying a period of obligated service under this subchapter. (B) In the case of a participant receiving a de- gree from a school of nursing, the participant’s