38 U.S.C. § 7695 — Choice of location

Page 1284 TITLE 38—VETERANS’ BENEFITS § 7693 year under section 7692 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall consider the anticipated needs of the Vet- erans Health Administration during the period 2 to 6 years in the future.’’ § 7693. Eligibility; preferences; covered costs (a) ELIGIBILITY.—An individual is eligible to participate in the Specialty Education Loan Re- payment Program if the individual— (1) will be eligible for appointment under section 7401 of this title to work in an occupa- tion described in section 7692 of this title; (2) owes any amount of principal or interest under a loan, the proceeds of which were used by or on behalf of that individual to pay costs relating to a course of education or training which led to a degree that qualified the indi- vidual for the position referred to in para- graph (1); and (3) is— (A) recently graduated from an accredited medical or osteopathic school and matched to an accredited residency program in a medical specialty described in section 7692 of this title; or (B) a physician in training in a medical specialty described in section 7692 of this title with more than 2 years remaining in such training. (b) PREFERENCES.—In selecting individuals for participation in the Specialty Education Loan Repayment Program under this subchapter, the Secretary may give preference to the following: (1) Individuals who are, or will be, partici- pating in residency programs in health care facilities— (A) located in rural areas; (B) operated by Indian tribes, tribal orga- nizations, or the Indian Health Service; or (C) affiliated with underserved health care facilities of the Department. (2) Veterans. (c) COVERED COSTS.—For purposes of sub- section (a)(2), costs relating to a course of edu- cation or training include— (1) tuition expenses; (2) all other reasonable educational ex- penses, including expenses for fees, books, equipment, and laboratory expenses; and (3) reasonable living expenses. (Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464; amended Pub. L. 115–251, title II, § 211(a)(12), Sept. 29, 2018, 132 Stat. 3176.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–251 substituted ‘‘will be eligible for appointment’’ for ‘‘is hired’’. Statutory Notes and Related Subsidiaries PREFERENCE Pub. L. 115–182, title III, § 303(d), June 6, 2018, 132 Stat. 1467, as amended by Pub. L. 115–251, title II, § 211(b)(6)(A), Sept. 29, 2018, 132 Stat. 3176, provided that: ‘‘In granting preference under section 7693 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall determine whether a facility of the Department of Veterans Affairs is un- derserved based on the criteria developed under section 401 of this Act [38 U.S.C. 8110 note].’’ § 7694. Specialty education loan repayment (a) IN GENERAL.—Payments under the Spe- cialty Education Loan Repayment Program shall consist of payments for the principal and interest on loans described in section 7682(a)(2) of this title for individuals selected to partici- pate in the Program to the holders of such loans. (b) FREQUENCY OF PAYMENT.—The Secretary shall make payments for any given participant in the Specialty Education Loan Repayment Program on a schedule determined appropriate by the Secretary. (c) MAXIMUM AMOUNT; WAIVER.—(1) The amount of payments made for a participant under the Specialty Education Loan Repayment Program may not exceed $160,000 over a total of 4 years of participation in the Program, of which not more than $40,000 of such payments may be made in each year of participation in the Program. (2)(A) The Secretary may waive the limita- tions under paragraph (1) in the case of a partic- ipant described in subparagraph (B). In the case of such a waiver, the total amount of payments payable to or for that participant is the total amount of the principal and the interest on the participant’s loans referred to in subsection (a). (B) A participant described in this subpara- graph is a participant in the Program who the Secretary determines serves in a position for which there is a shortage of qualified employees by reason of either the location or the require- ments of the position. (Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1465.) § 7695. Choice of location Each participant in the Specialty Education Loan Repayment Program who completes resi- dency may select, from a list of medical facili- ties of the Veterans Health Administration pro- vided by the Secretary, at which such facility the participant will work in a medical specialty described in section 7692 of this title. (Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1465.) § 7696. Term of obligated service (a) IN GENERAL.—In addition to any require- ments under section 5379(c) of title 5, a partici- pant in the Specialty Education Loan Repay- ment Program must agree, in writing and before the Secretary may make any payment to or for the participant, to— (1) obtain a license to practice medicine in a State; (2) successfully complete post-graduate training leading to eligibility for board certifi- cation in a specialty; (3) serve as a full-time clinical practice em- ployee of the Veterans Health Administration for 12 months for every $40,000 in such benefits that the employee receives, but in no case for fewer than 24 months; and