38 U.S.C. § 7672 — Eligibility; agreement

Page 1278 TITLE 38—VETERANS’ BENEFITS § 7671 SUBCHAPTER VI—EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM § 7671. Authority for program As part of the Educational Assistance Pro- gram, the Secretary may carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Employee Incentive Scholarship Pro- gram (hereinafter in this subchapter referred to as the ‘‘Program’’). The purpose of the Program is to assist, through the establishment of an in- centive program for individuals employed in the Veterans Health Administration, in meeting the staffing needs of the Veterans Health Adminis- tration for health professional occupations for which recruitment or retention of qualified per- sonnel is difficult. (Added Pub. L. 105–368, title VIII, § 802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.) Editorial Notes AMENDMENTS 2001—Pub. L. 107–14 substituted ‘‘hereinafter’’ for ‘‘hereafter’’. § 7672. Eligibility; agreement (a) ELIGIBILITY.—To be eligible to participate in the Program, an individual must be an eligi- ble Department employee who is accepted for enrollment or enrolled (as described in section 7602 of this title) as a full-time or part-time stu- dent in a field of education or training described in subsection (c). (b) ELIGIBLE DEPARTMENT EMPLOYEES.—For purposes of subsection (a), an eligible Depart- ment employee is any employee of the Depart- ment who, as of the date on which the employee submits an application for participation in the Program, has been continuously employed by the Department for not less than one year. (c) QUALIFYING FIELDS OF EDUCATION OR TRAIN- ING.—A scholarship may be awarded under the Program only for education and training in a field leading to appointment or retention in a position under section 7401 of this title. (d) AWARD OF SCHOLARSHIPS.—Notwith- standing section 7603(d) of this title, the Sec- retary, in selecting participants in the Program, may award a scholarship only to applicants who have a record of employment with the Veterans Health Administration which, in the judgment of the Secretary, demonstrates a high likelihood that the applicant will be successful in com- pleting such education or training and in em- ployment in such field. (e) AGREEMENT.—(1) An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the fol- lowing: (A) The Secretary’s agreement to provide the participant with a scholarship under the Program for a specified number (from one to three) of school years during which the partic- ipant pursues a course of education or training described in subsection (c) that meets the re- quirements set forth in section 7602(a) of this title. (B) The participant’s agreement to serve as a full-time employee in the Veterans Health Administration for a period of time (herein- after in this subchapter referred to as the ‘‘pe- riod of obligated service’’) determined in ac- cordance with regulations prescribed by the Secretary of up to three calendar years for each school year or part thereof for which the participant was provided a scholarship under the Program, but for not less than 3 years. (C) The participant’s agreement to serve under subparagraph (B) in a Department facil- ity selected by the Secretary. (2) In a case in which an extension is granted under section 7673(c)(2) of this title, the number of years for which a scholarship may be provided under the Program 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, the period of obligated service shall be reduced in accordance with the propor- tion 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 car- ried by a full-time student in the course of training being pursued by the participant, but in no event to less than 1 year. (Added Pub. L. 105–368, title VIII, § 802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 107–135, title I, § 101(b), Jan. 23, 2002, 115 Stat. 2447.) Editorial Notes AMENDMENTS 2002—Subsec. (b). Pub. L. 107–135 substituted ‘‘one year’’ for ‘‘2 years’’. 2001—Subsec. (e)(1)(B). Pub. L. 107–14 substituted ‘‘hereinafter’’ for ‘‘hereafter’’. § 7673. Scholarship (a) SCHOLARSHIP.—A scholarship provided to a participant in the Program for a school year shall consist of payment of the tuition (or such portion of the tuition as may be provided under subsection (b)) of the participant for that school year and payment of other reasonable edu- cational expenses (including fees, books, and laboratory expenses) for that school year. (b) AMOUNTS.—The total amount of the schol- arship payable under subsection (a)— (1) in the case of a participant in the Pro- gram who is a full-time student, may not ex- ceed $10,000 for the equivalent of one year of full-time coursework; and (2) in the case of a participant in the Pro- gram who is a part-time student, shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the course of edu- cation or training being pursued by the partic- ipant as the coursework carried by the partici- pant to full-time coursework in that course of education or training. (c) LIMITATIONS ON PERIOD OF PAYMENT.—(1) The maximum number of school years for which a scholarship may be paid under subsection (a) to a participant in the Program shall be six school years.