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Title 38 — Veterans’ Benefits

Part V · Chapter 76 — Health Professionals Educational Assistance Program

§ 7682. Eligibility

Statutory text

(a)

Eligibility.—

An individual is eligible to participate in the Education Debt Reduction Program if the individual—

(1)

is an employee in the Veterans Health Administration serving in a position (as determined by the Secretary) providing direct-patient care services or services incident to direct-patient care services for which recruitment or retention of qualified health-care personnel (as so determined) is difficult; and

(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 individual for the position referred to in paragraph (1).

(b)

Covered Costs.—

For purposes of subsection (a)(2), costs relating to a course of education or training include—

(1)

tuition expenses;

(2)

all other reasonable educational expenses, including expenses for fees, books, and laboratory expenses; and

(3)

reasonable living expenses.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 105–368 title VIII § 803(a) · 112 Stat. 3315

    Enacted · 38 U.S.C. § 7682

    Added Pub. L. 105–368, title VIII, § 803(a), Nov. 11, 1998, 112 Stat. 3357

    Source evidence

    Code source credit
    Added Pub. L. 105–368, title VIII, § 803(a), Nov. 11, 1998, 112 Stat. 3357

    Enacted provision · exact public law section
    (a) Program Authority.— Chapter 76 (as amended by section 802(a)), is further amended by adding after subchapter VI the following new subchapter: “SUBCHAPTER VII— EDUCATION DEBT REDUCTION PROGRAM “§ 7681. Authority for program “(a) In General.— (1) As part of the Educational Assistance Program, the Secretary may carry out an education debt reduction program under this subchapter. The program shall be known as the Department of Veterans Affairs Education Debt Reduction Program (hereafter in this subchapter referred to as the ‘Education Debt Reduction Program’). “(2) The purpose of the Education Debt Reduction Program is to assist in the recruitment of qualified health care professionals for positions in the Veterans Health Administration for which recruitment or retention of an adequate supply of qualified personnel is difficult. “(b) Relationship to Educational Assistance Program.— Education debt reduction payments under the Education Debt Reduction Program may be in addition to other assistance available to individuals under the Educational Assistance Program. “§ 7682. Eligibility “(a) Eligibility.— An individual is eligible to participate in the Education Debt Reduction Program if the individual— “(1) is a recently appointed employee in the Veterans Health Administration serving under an appointment under section 7402(b) of this title in a position for which recruitment or retention of qualified health-care personnel (as determined by the Secretary) is difficult; and “(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 individual for the position referred to in paragraph (1). “(b) Covered Costs.— For purposes of subsection (a)(2), costs relating to a course of education or training include— “(1) tuition expenses; “(2) all other reasonable educational expenses, including expenses for fees, books, and laboratory expenses; and “(3) reasonable living expenses. “(c) Recently Appointed Individuals.— For purposes of subsection (a), an individual shall be considered to be recently appointed to a position if the individual has held that position for less than 6 months. “§ 7683. Education debt reduction “(a) In General.— Education debt reduction payments under the Education Debt Reduction Program shall consist of payments to individuals selected to participate in the program of amounts to reimburse such individuals for payments by such individuals of principal and interest on loans described in section 7682(a)(2) of this title. “(b) Frequency of Payment.— (1) The Secretary may make education debt reduction payments to any given participant in the Education Debt Reduction Program on a monthly or annual basis, as determined by the Secretary. “(2) The Secretary shall make such payments at the end of the period determined by the Secretary under paragraph (1). “(c) Performance Requirement.— The Secretary may make education debt reduction payments to a participant in the Education Debt Reduction Program for a period only if the Secretary determines that the individual maintained an acceptable level of performance in the position or positions served by the participant during the period. “(d) Maximum Annual Amount.— (1) Subject to paragraph (2), the amount of education debt reduction payments made to a participant for a year under the Education Debt Reduction Program may not exceed— “(A) $6,000 for the first year of the participant’s participation in the Program; “(B) $8,000 for the second year of the participant’s participation in the Program; and “(C) $10,000 for the third year of the participant’s participation in the Program. “(2) The total amount payable to a participant in such Program for any year may not exceed the amount of the principal and interest on loans referred to in subsection (a) that is paid by the individual during such year. “§ 7684. Expiration of program “The Secretary may not make education debt reduction payments to individuals who have not commenced participation in the Education Debt Reduction Program before December 31, 2001.”.

  2. Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 title I § 102(b) · 115 Stat. 2446

    1. Substituted · 38 U.S.C. § 7682(a)(1)

      Pub. L. 107–135 substituted “in a position (as determined by the Secretary) providing direct-patient care services or services incident to direct-patient care services” for “under an appointment under section 7402(b) of this title in a position”

    2. Substituted · 38 U.S.C. § 7682(a)(1)

      Pub. L. 107–135 substituted “(as so determined)” for “(as determined by the Secretary)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–135 substituted “in a position (as determined by the Secretary) providing direct-patient care services or services incident to direct-patient care services” for “under an appointment under section 7402(b) of this title in a position” and “(as so determined)” for “(as determined by the Secretary)”.

    Enacted provision · exact public law section
    (b) Eligible Individuals.— Subsection (a)(1) of section 7682 is amended— (1) by striking “under an appointment under section 7402(b) of this title in a position” and inserting “in a position (as determined by the Secretary) providing direct-patient care services or services incident to direct-patient care services”; and (2) by striking “(as determined by the Secretary)” and inserting “(as so determined)”.

  3. Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 301(b)(1) · 124 Stat. 1130

    Substituted · 38 U.S.C. § 7682(a)(1)

    Pub. L. 111–163, § 301(b)(1), substituted “an” for “a recently appointed”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 111–163, § 301(b)(1), substituted “an” for “a recently appointed”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1), by striking “a recently appointed” and inserting “an”; and

  4. Caregivers and Veterans Omnibus Health Services Act of 2010

    Pub. L. 111–163 § 301(b)(2) · 124 Stat. 1130

    Struck · 38 U.S.C. § 7682(c)

    Pub. L. 111–163, § 301(b)(2), struck out subsec. (c). Text read as follows: “For purposes of subsection (a), an individual shall be considered to be recently appointed to a position if the individual has held that position for less than 6 months.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–163, § 301(b)(2), struck out subsec. (c). Text read as follows: “For purposes of subsection (a), an individual shall be considered to be recently appointed to a position if the individual has held that position for less than 6 months.”

    Enacted provision · exact public law section
    (2) by striking subsection (c).

5 of 5 references resolved to an enrolled provision

Editorial Notes

Amendments2002–2010 · 2 rounds

2010

Subsec. (a)(1). Pub. L. 111–163, § 301(b)(1), substituted “an” for “a recently appointed”.

Subsec. (c). Pub. L. 111–163, § 301(b)(2), struck out subsec. (c). Text read as follows: “For purposes of subsection (a), an individual shall be considered to be recently appointed to a position if the individual has held that position for less than 6 months.”

2002

Subsec. (a)(1). Pub. L. 107–135 substituted “in a position (as determined by the Secretary) providing direct-patient care services or services incident to direct-patient care services” for “under an appointment under section 7402(b) of this title in a position” and “(as so determined)” for “(as determined by the Secretary)”.

Statutory Notes and Related Subsidiaries

Inclusion of Vet Center Employees in Education Debt Reduction Program of Department of Veterans Affairs

Pub. L. 115–182, title III, § 306, , 132 Stat. 1470, provided that:

“(a)

In General.—

The Secretary of Veterans Affairs shall ensure that clinical staff working at Vet Centers are eligible to participate in the Education Debt Reduction Program of the Department of Veterans Affairs under subchapter VII of chapter 76 of title 38, United States Code.

“(b)

Report.—

Not later than 1 year after the date of the enactment of this Act [], the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the number of participants in the Education Debt Reduction Program of the Department under such subchapter who work at Vet Centers.

“(c)

Vet Center Defined.—

In this section, the term ‘Vet Center’ has the meaning given that term in section 1712A(h) of title 38, United States Code.”

Temporary Expansion of Individuals Eligible for Participation in Program

Pub. L. 107–135, title I, § 102(e), , 115 Stat. 2449, granted the Secretary of Veterans Affairs authority to treat certain individuals as recently appointed employees in the Veterans Health Administration under subsec. (a) of this section for purposes of eligibility in the Education Debt Reduction Program under this subchapter but prohibited exercise of this authority after .

Credits

1998–2010 · 3 acts
  1. 1998Added Pub. L. 105–368, title VIII, § 803(a), , 112 Stat. 3357
  2. 2002amended Pub. L. 107–135, title I, § 102(b), , 115 Stat. 2448
  3. 2010Pub. L. 111–163, title III, § 301(b), , 124 Stat. 1146.
Show as published

(Added Pub. L. 105–368, title VIII, § 803(a), , 112 Stat. 3357; amended Pub. L. 107–135, title I, § 102(b), , 115 Stat. 2448; Pub. L. 111–163, title III, § 301(b), , 124 Stat. 1146.)

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