
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7612]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 76--HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM
 
                   SUBCHAPTER II--SCHOLARSHIP PROGRAM
 
Sec. 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 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 (under section 
7401 of this title) as any of the following:
        (A) A physician, dentist, podiatrist, optometrist, nurse, 
    physician assistant, or expanded function dental auxiliary.
        (B) A psychologist described in section 7401(3) of this title or 
    a certified or registered respiratory therapist, licensed physical 
    therapist, or licensed practical or vocational nurse.

    (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; and
        (B) shall ensure an equitable allocation of scholarships to 
    persons enrolled in the second year of a program leading to an 
    associate degree in nursing.

    (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.

(Added Pub. L. 100-322, title II, Sec. 216(b), May 20, 1988, 102 Stat. 
520, Sec. 4312; amended Pub. L. 101-237, title II, Sec. 207(a), Dec. 18, 
1989, 103 Stat. 2068; renumbered Sec. 7612 and amended Pub. L. 102-40, 
title IV, Secs. 402(b)(1), (d)(1), 403(b)(4), May 7, 1991, 105 Stat. 
238, 239; Pub. L. 102-83, Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 
1991, 105 Stat. 404, 405; Pub. L. 102-405, title II, Sec. 202(a), Oct. 
9, 1992, 106 Stat. 1983; Pub. L. 103-446, title XII, Sec. 1201(b)(1), 
Nov. 2, 1994, 108 Stat. 4682.)


                               Amendments

    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, Sec. 402(b)(1), renumbered section 4312 of 
this title as this section.
    Subsec. (a)(1). Pub. L. 102-40, Sec. 402(d)(1), substituted ``7602'' 
for ``4302''.
    Subsec. (a)(2). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration''.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``7602'' for ``4302''.
    Subsec. (a)(3). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' wherever appearing.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``7603'' for ``4303''.
    Subsec. (b)(2). Pub. L. 102-40, Sec. 403(b)(4)(A), substituted 
``7401'' for ``4104'' in introductory provisions and ``7401(3)'' for 
``4104(3)'' in subpar. (B).
    Subsec. (b)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-40, Sec. 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, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' and ``Secretary's'' for 
``Administrator's''.
    Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for 
``Veterans' Administration''.
    Subsec. (c)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in introductory provisions and 
``Secretary's'' for ``Administrator's'' in subpar. (A).
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``7604'' for ``4304'' in 
introductory provisions and ``7602'' for ``4302'' in subpar. (A).
    Subsec. (c)(2). Pub. L. 102-40, Sec. 402(d)(1), substituted 
``7614(3)'' for ``4314(3)''.
    Subsec. (c)(3)(B). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted 
``Department'' for ``Veterans' Administration'' in two places.
    Subsec. (c)(4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    Pub. L. 102-40, Sec. 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 applications of individuals who will be entering their final year in 
a course of training.''


                    Effective Date of 1992 Amendment

    Section 202(b) of Pub. L. 102-405 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to 
scholarship agreements entered into after the date of the enactment of 
this Act [Oct. 9, 1992].''


            Implementation of Equitable Allocation Provisions

    Section 207(b) of Pub. L. 101-237 provided that: ``The Secretary of 
Veterans Affairs shall provide for the implementation of the amendment 
made by subsection (a) [amending this section] beginning with 
scholarships awarded under section 4312 [now 7612] of title 38, United 
States Code, during 1990.''
