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

submitted 38 years ago by Pub. L. 100-322 to r/title-38-VETERANS-BENEFITS · 1,145 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law sets who can join the VA's Health Professionals Scholarship Program. It says which fields of study qualify and how the Secretary must pick applicants. It also sets special rules for scholarships that lead to becoming a physician or dentist.

(a) Who can join. Unless paragraph (2) applies, an individual must be accepted for enrollment or enrolled as a full-time student, as described in section 7602 of this title, to participate in the Scholarship Program. An eligible Department employee may instead be accepted as a participant if the employee is accepted for enrollment or enrolled, as described in section 7602, for less-than-full-time but at least half-time study. This section calls such a participant a “part-time student”. To be an eligible Department employee for this exception, the person must be a full-time Department employee who is permanently assigned to a Department health-care facility both on the date the person submits the application referred to in section 7603 and on the date the person becomes a participant in the Scholarship Program.

(b) What fields count. A scholarship may be awarded only for a qualifying field of education or training. A qualifying field is education or training leading to employment as an appointee under section 7401(1) or (3) of this title. The Secretary may designate additional qualifying fields if the education or training leads to employment in a position that would qualify the person for increased basic pay under section 7455(a)(1) for personnel described in section 7455(a)(2)(B). Before awarding the first scholarship for a course other than medicine or nursing, the Secretary must notify the Senate and House Committees on Veterans’ Affairs of the intent to award it. The notice must explain why scholarships in that course are necessary to help provide the Department with enough personnel in the health profession concerned. The notice must be given at least 60 days before the first scholarship is awarded.

(5) When selecting applicants, the Secretary must give priority to applicants entering their final year of training; give priority to applicants pursuing education or training for an occupation that the Inspector General’s most current determination published in the Federal Register under section 7412(a) has identified as having one of the largest staffing shortages throughout the Department; and ensure an equitable allocation of scholarships to people enrolled in the second year of a program leading to an associate degree in nursing.

(6) Physician and dentist scholarships. Each year, the Secretary must ensure that at least 50 scholarships go to people accepted for enrollment or enrolled in a program leading to employment as a physician or dentist, until the Secretary determines that the Department’s physician-and-dentist staffing shortage is less than 500. After that date, each year the Secretary must ensure that at least 10 percent of that staffing shortage, as determined by the Secretary, is the number of scholarships awarded to those people. The agreement for a scholarship under this paragraph must provide that the Secretary will provide scholarships for a specified two to four school years while the participant pursues the course, and that the participant will serve as a full-time Veterans Health Administration employee for 18 months for each school year or part of a school year for which the participant received a scholarship. The Secretary may prefer veteran applicants. Each year the Secretary must provide appropriate educational institutions with information about these scholarships.

(c) The agreement. In addition to section 7604’s requirements, an agreement must provide that the Secretary will provide a scholarship for one to four specified school years while the participant pursues the education or training described in section 7602, and that the participant will work full-time for the Veterans Health Administration for one calendar year for each school year or part of a school year funded, but for at least two years. If an extension is granted under section 7614(3), the scholarship may cover the number of school years resulting from the extension. For a part-time student, the required service is reduced according to the ratio of the participant’s credit hours to the credit hours a full-time student must carry in the course, but it may not be reduced below one year. The agreement must also require the participant to remain employed, while enrolled, as a Department employee permanently assigned to a Department health-care facility. If service is deferred under section 7616(b)(3)(A)(i), the agreement must require any additional service prescribed by the Secretary under section 7616(b)(4)(B).

the actual law source: uscode.house.gov ↗public domain
(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 Department employee may be accepted as a participant if accepted for enrollment or enrolled (as described 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 student”.)

(3)

For the purposes of paragraph (2) of this subsection, an eligible Department employee is a full-time Department employee who is permanently assigned to a Department health-care facility on the date on which the individual submits the application referred to in section 7603 of this title and on the date on which the individual becomes a participant in the Scholarship Program.

(b)
(1)

A scholarship may be awarded under this subchapter only in a qualifying field of education 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 subsection (a)(2)(B) of such section.

(4)

Before awarding the initial scholarship in a course of education or training other than medicine 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 personnel 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 career in an occupation for which the Inspector General of the Department has, in the most current determination published in the Federal Register pursuant to section 7412(a) of this title, determined that there is one of the largest staffing shortages throughout the Department 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 degree 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 leading 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 subchapter, a number of scholarships is awarded each year to individuals referred to in subparagraph (A) in an amount equal to not less than ten percent of the staffing shortage of physicians and dentists in the Department, as determined by the Secretary.

(C)

Notwithstanding subsection (c)(1), the agreement between the Secretary and a participant 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 subchapter for a specified number (from two to four) of school years during which the participant 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 (hereinafter in this subchapter referred to as the “period 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 preference 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 section 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 participant 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 (hereinafter in this subchapter referred to as the “period 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 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 extension.

(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 participant’s agreement to maintain employment, while enrolled in such course of education or training, as a Department employee permanently 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 participant to serve any additional period of obligated service that is prescribed by the Secretary under section 7616(b)(4)(B) of this title.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-322 · 102 Stat. 520
  • 1989Amended · Pub. L. 101-237 · 103 Stat. 2068
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
  • 1992Amended · Pub. L. 102-405 · 106 Stat. 1983
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4682
  • 2010Amended · Pub. L. 111-163 · 124 Stat. 1173
  • 2014Amended · Pub. L. 113-146 · 128 Stat. 1786
  • 2018Amended · Pub. L. 115-182 · 132 Stat. 1462

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-322 on 1988-05-20.

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