38 U.S.C. § 7612 — Eligibility; application; agreement

Page 1267 TITLE 38—VETERANS’ BENEFITS § 7612 of alternative methods of ensuring adequate recruit- ment and retention of such personnel. § 7612. Eligibility; application; agreement (a)(1) Except as provided in paragraph (2) of this subsection, an individual must be accepted for enrollment or be enrolled (as described in section 7602 of this title) as a full-time student to be eligible to participate in the Scholarship Program. (2) An individual who is an eligible Depart- ment employee may be accepted as a participant if accepted for enrollment or enrolled (as de- scribed in section 7602 of this title) for study on less than a full-time but not less than a half- time basis. (Such a participant is hereinafter in this subchapter referred to as a ‘‘part-time stu- dent’’.) (3) For the purposes of paragraph (2) of this subsection, an eligible Department employee is a full-time Department employee who is perma- nently assigned to a Department health-care fa- cility on the date on which the individual sub- mits the application referred to in section 7603 of this title and on the date on which the indi- vidual becomes a participant in the Scholarship Program. (b)(1) A scholarship may be awarded under this subchapter only in a qualifying field of edu- cation or training. (2) A qualifying field of education or training for purposes of this subchapter is education or training leading to employment as an appointee under paragraph (1) or (3) of section 7401 of this title. (3) The Secretary may designate additional fields of education or training as qualifying fields of education or training if the education or training leads to employment in a position which would qualify the individual for increased basic pay under subsection (a)(1) of section 7455 of this title for personnel described in sub- section (a)(2)(B) of such section. (4) Before awarding the initial scholarship in a course of education or training other than medi- cine or nursing, the Secretary shall notify the Committees on Veterans’ Affairs of the Senate and House of Representatives of the Secretary’s intent to award a scholarship in such course of education or training. The notice shall include a statement of the reasons why the award of scholarships in that course of education or training is necessary to assist in providing the Department with an adequate supply of per- sonnel in the health profession concerned. Any such notice shall be given not less than 60 days before the first such scholarship is awarded. (5) In selecting applicants for the Scholarship Program, the Secretary— (A) shall give priority to applicants who will be entering their final year in a course of training; (B) shall give priority to applicants pursuing a course of education or training toward a ca- reer in an occupation for which the Inspector General of the Department has, in the most current determination published in the Fed- eral Register pursuant to section 7412(a) of this title, determined that there is one of the largest staffing shortages throughout the De- partment with respect to such occupation; and (C) shall ensure an equitable allocation of scholarships to persons enrolled in the second year of a program leading to an associate de- gree in nursing. (6)(A) Of the scholarships awarded under this subchapter, the Secretary shall ensure that not less than 50 scholarships are awarded each year to individuals who are accepted for enrollment or enrolled (as described in section 7602 of this title) in a program of education or training lead- ing to employment as a physician or dentist until such date as the Secretary determines that the staffing shortage of physicians and dentists in the Department is less than 500. (B) After such date, the Secretary shall ensure that of the scholarships awarded under this sub- chapter, a number of scholarships is awarded each year to individuals referred to in subpara- graph (A) in an amount equal to not less than ten percent of the staffing shortage of physi- cians and dentists in the Department, as deter- mined by the Secretary. (C) Notwithstanding subsection (c)(1), the agreement between the Secretary and a partici- pant in the Scholarship Program who receives a scholarship pursuant to this paragraph shall provide the following: (i) The Secretary’s agreement to provide the participant with a scholarship under this sub- chapter for a specified number (from two to four) of school years during which the partici- pant is pursuing a course of education or training leading to employment as a physician or dentist. (ii) 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’’) of 18 months for each school year or part thereof for which the participant was provided a scholarship under the Scholarship Program. (D) In providing scholarships pursuant to this paragraph, the Secretary may provide a pref- erence for applicants who are veterans. (E) On an annual basis, the Secretary shall provide to appropriate educational institutions informational material about the availability of scholarships under this paragraph. (c)(1) An agreement between the Secretary and a participant in the Scholarship Program shall (in addition to the requirements set forth in sec- tion 7604 of this title) include the following: (A) The Secretary’s agreement to provide the participant with a scholarship under this subchapter for a specified number (from one to four) of school years during which the partici- pant is pursuing a course of education or training described in section 7602 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’’) of one calendar year for each school year or part thereof for which the participant was provided a scholarship under the Scholarship Program, but for not less than two years. (2) In a case in which an extension is granted under section 7614(3) of this title, the number of 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-