US Code

Public Law 119-88 (05/04/2026)

38 U.S.C. § 7612

Eligibility; application; agreement

(a)
(1)
section 7602 of this title Except as provided in paragraph (2) of this subsection, an individual must be accepted for enrollment or be enrolled (as described in ) as a full-time student to be eligible to participate in the Scholarship Program.
(2)
section 7602 of this title An individual who is an eligible Department employee may be accepted as a participant if accepted for enrollment or enrolled (as described in ) 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)
section 7603 of this title 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 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)
section 7401 of this title 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 .
(3)
section 7455 of this title 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 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)
section 7412(a) of this title 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 , 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)
section 7602 of this title 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 ) 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)
section 7604 of this title An agreement between the Secretary and a participant in the Scholarship Program shall (in addition to the requirements set forth in ) include the following:
(A)
section 7602 of this title 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 .
(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)
section 7614(3) of this title In a case in which an extension is granted under , 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)
section 7616(b)(3)(A)(i) of this titlesection 7616(b)(4)(B) of this title If a participant’s period of obligated service is deferred under , 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 .

Pub. L. 100–322, title II, § 216(b)102 Stat. 520 Pub. L. 101–237, title II, § 207(a)103 Stat. 2068 Pub. L. 102–40, title IV105 Stat. 238 Pub. L. 102–83, § 4(a)(3)105 Stat. 404 Pub. L. 102–405, title II, § 202(a)106 Stat. 1983 Pub. L. 103–446, title XII, § 1201(b)(1)108 Stat. 4682 Pub. L. 111–163, title VI, § 603(b)124 Stat. 1173 Pub. L. 113–146, title III, § 301(c)128 Stat. 1786 Pub. L. 115–182, title III, § 301(a)132 Stat. 1462 (Added , , , § 4312; amended , , ; renumbered § 7612 and amended , §§ 402(b)(1), (d)(1), 403(b)(4), , , 239; , (4), (b)(1), (2)(E), , , 405; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 115–1822018—Subsec. (b)(6). added par. (6).

Pub. L. 113–1462014—Subsec. (b)(5)(B), (C). added subpar. (B) and redesignated former subpar. (B) as (C).

Pub. L. 111–163section 7401 of this titlesection 7401 of this title2010—Subsec. (b)(2). substituted “as an appointee under paragraph (1) or (3) of .” for “(under ) as any of the following:

“(A) A physician, dentist, podiatrist, optometrist, nurse, physician assistant, or expanded function dental auxiliary.

section 7401(3) of this title“(B) A psychologist described in or a certified or registered respiratory therapist, licensed physical therapist, or licensed practical or vocational nurse.”

Pub. L. 103–4461994—Subsec. (c)(1)(B). substituted “Veterans Health Administration” for “Department of Medicine and Surgery”.

Pub. L. 102–4051992—Subsec. (c)(1)(B). inserted before period at end “, but for not less than two years”.

Pub. L. 102–40, § 402(b)(1)section 4312 of this title1991—, renumbered as this section.

Pub. L. 102–40, § 402(d)(1)Subsec. (a)(1). , substituted “7602” for “4302”.

Pub. L. 102–83, § 4(a)(3)Subsec. (a)(2). , (4), substituted “Department” for “Veterans’ Administration”.

Pub. L. 102–40, § 402(d)(1), substituted “7602” for “4302”.

Pub. L. 102–83, § 4(a)(3)Subsec. (a)(3). , (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

Pub. L. 102–40, § 402(d)(1), substituted “7603” for “4303”.

Pub. L. 102–40, § 403(b)(4)(A)Subsec. (b)(2). , substituted “7401” for “4104” in introductory provisions and “7401(3)” for “4104(3)” in subpar. (B).

Pub. L. 102–83, § 4(b)(1)Subsec. (b)(3). , (2)(E), substituted “Secretary” for “Administrator”.

Pub. L. 102–40, § 403(b)(4)(B)section 7455 of this titlesection 4107(g)(1)(B) of this title, substituted “subsection (a)(1) of for personnel described in subsection (a)(2)(B) of such section” for “”.

Pub. L. 102–83, § 4(b)(1)Subsec. (b)(4). , (2)(E), substituted “Secretary” for “Administrator” and “Secretary’s” for “Administrator’s”.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.

Pub. L. 102–83, § 4(b)(1)Subsec. (c)(1). , (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and “Secretary’s” for “Administrator’s” in subpar. (A).

Pub. L. 102–40, § 402(d)(1), substituted “7604” for “4304” in introductory provisions and “7602” for “4302” in subpar. (A).

Pub. L. 102–40, § 402(d)(1)Subsec. (c)(2). , substituted “7614(3)” for “4314(3)”.

Pub. L. 102–83, § 4(a)(3)Subsec. (c)(3)(B). , (4), substituted “Department” for “Veterans’ Administration” in two places.

Pub. L. 102–83, § 4(b)(1)Subsec. (c)(4). , (2)(E), substituted “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)”.

Pub. L. 101–2371989—Subsec. (b)(5). 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1992 Amendment

Pub. L. 102–405, title II, § 202(b)106 Stat. 1983

“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 [].”
, , , provided that:

Implementation of Equitable Allocation Provisions

Pub. L. 101–237, title II, § 207(a)103 Stat. 2068

“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.”
, , , provided that: