38 U.S.C. § 7682
Section 7682 · Eligibility
Viewing 38 U.S.C. § 7682 as in effect on January 23, 2002. The text changed in 1 later edition (most recent May 5, 2010).
View current version →(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 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.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
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)”.
Temporary Expansion of Individuals Eligible for Participation in Program
Pub. L. 107–135, title I, §102(e), Jan. 23, 2002, 115 Stat. 2449, provided that:
“(1) Notwithstanding section 7682(c) of title 38, United States Code, the Secretary of Veterans Affairs may treat a covered individual as being a recently appointed employee in the Veterans Health Administration under section 7682(a) of that title for purposes of eligibility in the Education Debt Reduction Program if the Secretary determines that the participation of the individual in the Program under this subsection would further the purposes of the Program.
“(2) For purposes of this subsection, a covered individual is any individual otherwise described by section 7682(a) of title 38, United States Code, as in effect on the day before the date of the enactment of this Act [Jan. 23, 2002], who—
“(A) was appointed as an employee in a position described in paragraph (1) of that section, as so in effect, between January 1, 1999, and December 31, 2001; and
“(B) is an employee in such position, or in another position described in paragraph (1) of that section, as so in effect, at the time of application for treatment as a covered individual under this subsection.
“(3) The Secretary shall make determinations regarding the exercise of the authority in this subsection on a case-by-case basis.
“(4) The Secretary may not exercise the authority in this subsection after June 30, 2002. The expiration of the authority in this subsection shall not affect the treatment of an individual under this subsection before that date as a covered individual for purposes of eligibility in the Education Debt Reduction Program.
“(5) In this subsection, the term ‘Education Debt Reduction Program’ means the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of chapter 76 of title 38, United States Code.”