§ 7631. Periodic adjustments in amount of assistance

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. 1988

   Veterans

   Pub. L. 100–322 title II § 216(b) · 102 Stat. 487

   Enacted · 38 U.S.C. § 7631

   Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 528, § 4331

   Source evidence

   Code source credit
   Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 528, § 4331

   Enacted provision · exact public law section
   (b) Improved and Expanded Program.— Part V is amended by adding at the end the following new chapter: “CHAPTER 76— HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PROGRAM “SUBCHAPTER GENERAL “Sec. “4301. Establishment of program; purpose. “4302. Eligibility. “4303. Application and acceptance. “4304. Terms of agreement. “SUBCHAPTER II— SCHOLARSHIP PROGRAM “4311. Authority for program. “4312. Eligibility; application; agreement. “4313. Scholarship. “4314. Part-time students. “4315. Status of participants. “4316. Obligated service. “4317. Breach of agreement: liability. “4318. Expiration of program. “SUBCHAPTER III— TUITION REIMBURSEMENT PROGRAM “4321. Authority for program. “4322. Eligibility; application; agreement. “4323. Obligated service, “4324. Breach of agreement: liability. “4325. Allocation and distribution of funding. “SUBCHAPTER IV— ADMINISTRATIVE MATTERS “4331. Periodic adjustments in amount of assistance. “4332. Annual report. “4333. Regulations. “4334. Breach of agreement; waiver of liability. “4335. Service in other agencies. “4336. Exemption of educational assistance payments from taxation. “SUBCHAPTER I— GENERAL “§ 4301. Establishment of program; purpose “(a) There is hereby established a program to be known as the Veterans’ Administration Health Professionals Educational Assistance Program (hereinafter in this chapter referred to as the ‘Educational Assistance Program’). The program consists of— “(1) the scholarship program provided for in subchapter II of this chapter, and “(2) the tuition reimbursement program provided for in subchapter III of this chapter. “(b) The purpose of the Educational Assistance Program is to assist in providing an adequate supply of trained health-care personnel for the Veterans’ Administration and the Nation. “§ 4302. Eligibility “(a) (1) To be eligible to participate in the Educational Assistance Program, an individual must be accepted for enrollment or be currently enrolled as a student at a qualifying educational institution in a course of education or training that is approved by the Administrator and that leads toward completion of a degree in a field of education or training for which a scholarship may be awarded under subchapter II of this chapter or for which tuition reimbursement may be provided under subchapter III of this chapter. “(2) A qualifying educational institution for purposes of this section is an educational institution that is in a State and that (as determined by the Administrator) is an accredited institution. “(b) An individual is not eligible to apply to participate in the Educational Assistance Program if the individual is obligated under any other Federal program to perform service after completion of the course of education or training of such individual referred to in subsection (a) of this section. “§ 4303. Application and acceptance “(a) To apply to participate in the Educational Assistance Program, an individual shall submit to the Administrator an application for such participation together with an agreement described in section 4304 of this title under which the participant agrees to serve a period of obligated service in the Department of Medicine and Surgery as provided in the agreement in return for payment of educational assistance as provided in the agreement. “(b) (1) An individual becomes a participant in the Educational Assistance Program upon the Administrator’s approval of the individual’s application and the Administrator’s acceptance of the agreement. “(2) Upon the Administrator’s approval of an individual’s participation in the program, the Administrator shall promptly notify the individual of that approval. Such notice shall be in writing. “(c) (1) In distributing application forms and agreement forms to individuals desiring to participate in the Educational Assistance Program, the Administrator shall include with such forms the following: “(A) A fair summary of the rights and liabilities of an individual whose application is approved (and whose agreement is accepted) by the Administrator, including a clear explanation of the damages to which the United States is entitled if the individual breaches the agreement. “(B) A full description of the terms and conditions that apply to participation in the Educational Assistance Program and service in the Department of Medicine and Surgery. “(2) The Administrator shall make such application forms and other information available to individuals desiring to participate in the Educational Assistance Program on a date sufficiently early to allow such individuals adequate time to prepare and submit such forms. “(d) In selecting applicants for acceptance in the Educational Assistance Program, the Administrator shall give priority to the applications of individuals who have previously received educational assistance under the program and have not completed the course of education or training undertaken under such program. “§ 4304. Terms of agreement “An agreement between the Administrator and a participant in the Educational Assistance Program shall be in writing, shall be signed by the participant, and shall include the following provisions: “(1) The Administrator’s agreement— “(A) to provide the participant with educational assistance as authorized in subchapter II or III of this chapter and specified in the agreement; and “(B) to afford the participant the opportunity for employment in the Department of Medicine and Surgery (subject to the availability of appropriated funds for such purpose and other qualifications established in accordance with section 4105 of this title). “(2) The participant’s agreement— “(A) to accept such educational assistance; “(B) to maintain enrollment and attendance in the course of training until completed; “(C) while enrolled in such course, to maintain an acceptable level of academic standing (as determined by the educational institution offering such course of training under regulations prescribed by the Administrator); and “(D) after completion of the course of training, to serve as a full-time employee in the Department of Medicine and Surgery as specified in the agreement in accordance with subchapter II or III of this chapter. “(3) A provision that any financial obligation of the United States arising out of an agreement entered into under this chapter, and any obligation of the participant which is conditioned on such agreement, is contingent upon funds being appropriated for educational assistance under this chapter. “(4) A statement of the damages to which the United States is entitled under this chapter for the participant’s breach of the agreement. “(5) Such other terms as are required to be included in the agreement under subchapter II or III of this chapter or as the Administrator may require consistent with the provisions of this chapter. “SUBCHAPTER II— SCHOLARSHIP PROGRAM “§ 4311. Authority for program “As part of the Educational Assistance Program, the Administrator shall carry out a scholarship program under this subchapter. The program shall be known as the Veterans’ Administration Health Professional Scholarship Program (hereinafter in this chapter referred to as the “Scholarship Program”). “§ 4312. 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 4302 of this title) as a full-time student to be eligible to participate in the Scholarship Program. “(2) An individual who is an eligible Veteran’ Administration employee may be accepted as a participant if accepted for enrollment or enrolled (as described in section 4302 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 Veterans’ Administration employee is a full-time Veteran’ Administration employee who is permanently assigned to a Veterans’ Administration health-care facility on the date on which the individual submits the application referred to in section 4303 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 4104 of this title) as any of the following: “(A) A physician, dentist, podiatrist, optometrist, nurse, physician assistant, or expanded function dental au)(iliary. “(B) A psychologist described in section 4104(3) of this title or a certified or registered respiratory therapist, licensed physical therapist, or licensed practical or vocational nurse. “(3) The Administrator 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 section 4107(g)(1)(B) of this title. “(4) Before awarding the initial scholarship in a course of education or training other than medicine or nursing, the Administrator shall notify the Committees on Veterans’ Affairs of the Senate and House of Representatives of the Administrator’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 Veterans’ Administration 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 Administrator shall give priority to the applications of individuals who will be entering their final year in a course of training. “(c) (1) An agreement between the Administrator and a participant in the Scholarship Program shall (in addition to the requirements set forth in section 4304 of this title) include the following: “(A) The Administrator’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 4302 of this title. “(B) The participant’s agreement to serve as a full-time employee in the Department of Medicine and Surgery 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. “(2) in a case in which an extension is granted under section 4314(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 Veteran’ Administration employee permanently assigned to a Veteran’ Administration health-care facility. “(4) If a participant’s period of obligated service is deferred under section 4316(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 Administrator under section 4316(b)(4)(B) of this title. “§ 4313. Scholarship “(a) A scholarship provided to a participant in the Scholarship Program for a school year under the Scholarship Program shall consist of payment of the tuition of the participant for that school year, payment of other reasonable educational expenses (including fees, books, and laboratory expenses) for that school year, and a stipend determined under subsection (b) of this section. “(b) A stipend under this section for a school year shall be payment to the participant of not in excess of $485 per month (adjusted in accordance with section 4331 of this title) for each of the 12 consecutive months beginning with the first month of the school year, except that a stipend may not be paid to a participant who is a full-time employee of the Veterans’ Administration. The stipend of a participant who is a part-time student shall be adjusted as provided in sections 4314(1) and 4314(2) of this title. “(c) The Administrator may arrange with an educational institution in which a participant in the Scholarship Program is enrolled for the payment to the educational institution of the amounts of tuition and other reasonable educational expenses described in subsection (a) of this section. Such payments may be made without regard to subsections (a) and (b) of section 3324 of title 31. “§ 4314. Part-time students “In the case of a participant who is a part-time student— “(1) the maximum amount of the stipend payable to the participant shall be reduced in accordance with the proportion that the number of credit hours carried by such participant bears to the number of credit hours required to be carried by a full-time student in the course of education or training being pursued by the participant; “(2) a stipend may not be paid for any month during which the participant is not actually attending the course of training in which the participant is enrolled; and “(3) the Administrator may extend the period for which a scholarship may be awarded to the participant to a maximum of six school years if the Administrator determines that the extension would be in the best interest of the United States. “§ 4315. Status of participants “Participants in the Scholarship Program shall not by reason of their participation in such program (1) be considered to be employees of the Federal Government, or (2) be counted against any personnel ceiling affecting the Department of Medicine and Surgery. “§ 4316. Obligated service “(a) Each participant in the Scholarship Program shall provide service as a full-time employee of the Veteran’ Administration for the period of obligated service provided in the agreement of the participant entered into under section 4303 of this title. Such service shall be provided in the full-time clinical practice of such participant’s profession or in another health-care position in an assignment or location determined by the Administrator. “(b) (1) Not later than 60 days before the participant’s service commencement date, the Administrator shall notify the participant of that service commencement date. That date is the date for the beginning of the participant’s period of obligated service. “(2} As soon as possible after the participant’s service commencement date, the Administrator shall— “(A) in the case of a participant who is not a full-time employee in the Department of Medicine and Surgery, appoint such participant as such an employee; and “(B) in the case of a participant who is an employee in the Department of Medicine and Surgery but is not serving in a position for which such participant’s course of education or training prepared such participant, assign such participant to such a position. “(3) (A) (i) In the case of a participant receiving a degree from a school of medicine, osteopathy, dentistry, optometry, or podiatry, the participant’s service commencement date is the date upon which the participant becomes licensed to practice medicine, osteopathy, dentistry, optometry, or podiatry, as the case may be, in a State. However, the Administrator may, at the request of such participant, defer such date until the end of the period of time required for the participant to complete an internship or residency or other advanced clinical training. If the participant requests such a deferral, the Administrator shall notify the participant that such deferral could lead to an additional period of obligated service in accordance with paragraph (4) of this subsection. “(ii) No such period of internship or residency or other advanced clinical training shall be counted toward satisfying a period of obligated service under this subchapter. “(B) In the case of a participant receiving a degree from a school of nursing, the participant’s service commencement date is the later of (i) the participant’s course completion date, or (ii) the date upon which the participant becomes licensed as a registered nurse in a State. “(C) In the case of a participant not covered by subparagraph (A) or (B) of this paragraph, the participant’s service commencement date is the later of (i) the participant’s course completion date, or (ii) the date the participant meets any applicable licensure or certification requirements. “(4) A participant whose period of obligated service is deferred under paragraph (3)(A) of this subsection shall be required to undertake internship or residency or other advanced clinical training in an accredited program in an educational institution which is an affiliated institution (as defined in section 4108(c)(1) of this title) and with respect to which the affiliation agreement provides that all or part of the internship or residency or other advanced clinical training will be undertaken in a Veterans’ Administration health-care facility. Such a participant may, at the discretion of the Administrator and upon the recommendation of the Chief Medical Director, incur an additional period of obligated service— “(A) at the rate of one-half of a calendar year for each year of internship or residency or other advanced clinical training (or a proportionate ratio thereof), if the internship, residency, or advanced clinical training is in a medical specialty necessary to meet the health-care requirements of the Veteran’ Administration (as determined under regulations prescribed by the Administrator); or “(B) at the rate of three-quarters of a calendar year for each year of internship or residency or other advanced clinical training (or a proportionate ratio thereof), if the internship, residency, or advanced clinical training is not in a medical specialty necessary to meet the health-care requirements of the Veteran’ Administration (as determined under regulations prescribed by the Administrator). “(5) The Administrator shall by regulation prescribe the service Regulations. commencement date for participants who were part-time students. Such regulations shall prescribe terms as similar as practicable to the terms set forth in paragraph (3) of this subsection. “(c) (1) Except as provided in paragraph (2) of this subsection, a participant in the Scholarship Program shall be considered to have begun serving such participant’s period of obligated service— “(A) on the date, after such participant’s course completion date, on which such participant (in accordance with subsection (b) of this section) is appointed under this chapter as a full-time employee in the Department of Medicine and Surgery; or “(B) if the participant is a full-time employee in the Department of Medicine and Surgery on such course completion date, on the date thereafter on which such participant is assigned to a position for which such participant’s course of training prepared such participant. “(2) A participant in the Scholarship Program who on such participant’s course completion date is a full-time employee in the Department of Medicine and Surgery serving in a capacity for which such participant’s course of training prepared such participant shall be considered to have begun serving such participant’s period of obligated service on such course completion date. “(3) For the purposes of this section, the term ‘course completion date’ means the date on which a participant in the Scholarship Program completes such participant’s course of education or training under the program. “§ 4317. Breach of agreement; liability “(a) A participant in the Scholarship Program (other than a participant described in subsection (b) of this section) who fails to accept payment, or instructs the educational institution in which the participant is enrolled not to accept payment, in whole or in part, of a scholarship under the agreement entered into under section 4303 of this title shall be liable to the United States for liquidated damages in the amount of $1,500. Such liability is in addition to any period of obligated service or other obligation or liability under the agreement. “(b) A participant in the Scholarship Program shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement if any of the following occurs: “(1) The participant fails to maintain an acceptable level of academic standing in the educational institution in which the participant is enrolled (as determined by the educational institution under regulations prescribed by the Administrator). “(2) The participant is dismissed from such educational institution for disciplinary reasons. “(3) The participant voluntarily terminates the course of training in such educational institution before the completion of such course of training. “(4) The participant fails to become licensed to practice medicine, osteopathy, dentistry, podiatry, or optometry in a State, fails to become licensed as a registered nurse in a State, or fails to meet any applicable licensure requirement in the case of any other health-care personnel who provide either direct patient-care services or services incident to direct patient-care services, during a period of time determined under regulations prescribed by the Administrator. “(5) In the case of a participant who is a part-time student, the participant fails to maintain employment, while enrolled in the course of training being pursued by such participant, as a Veterans’ Administration employee permanently assigned to a Veterans’ Administration health-care facility. Liability under this subsection is in lieu of any service obligation arising under the participant’s agreement. “(c) (1) If a participant in the Scholarship Program breaches the agreement by failing (for any reason) to complete such participant’s period of obligated service, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A=3φ (t—st) In such formula: “(A) ‘A’ is the amount the United States is entitled to recover. “(B) ‘φ’ is the sum of (i) the amounts paid under this subchapter to or on behalf of the participant, and (ii) the interest on such amounts which would be payable if at the time the amounts were paid they were loans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. “(C) ‘t’ is the total number of months in the participant’s period of obligated service, including any additional period of obligated service in accordance with section 4316(b)(4) of this title. “(D) ’s’ is the number of months of such period served by the participant in accordance with section 4313 of this title. “(2) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. “§ 4318. Expiration of program “The Administrator may not furnish scholarships to new participants in the Scholarship Program after September 30, 1992. “SUBCHAPTER III— TUITION REIMBURSEMENT PROGRAM “§ 4321. Authority for program “As part of the Educational Assistance Program, the Administrator shall carry out a tuition reimbursement program under this subchapter. The program shall be known as the Veteran’ Administration Nurse Education Tuition Reimbursement Program (herein-after in this chapter referred to as the “Tuition Reimbursement Program”). “§ 4322. Eligibility; application; agreement “(a) To be eligible to participate in the Tuition Reimbursement Program, an individual must be a full-time employee in the Veterans’ Administration permanently assigned to a Veteran’ Administration health-care facility and must be enrolled in a course of training offered by an institution approved by the Administrator leading toward completion of (1) an associate or higher degree in nursing, or (2) a masters degree or doctoral degree in nursing. “(b) In selecting applicants for acceptance in the Tuition Reimbursement Program, the Administrator (in addition to according priorities as set forth in section 4303(d) of this title) shall give special consideration and emphasis to individuals pursuing a course of study which will expedite an increase in the number of registered nurses employed by the Veteran’ Administration. The Administrator shall then give priority, in the following order, to— “(1) individuals who have been employed as full-time employees in the Nursing Service in the Department of Medicine and Surgery; and “(2) individuals who have previously received tuition reimbursement under the Tuition Reimbursement Program. “(c) An agreement between the Administrator and a participant in the Tuition Reimbursement Program shall (in addition to the requirements set forth in section 4304 of this title) contain the following: “(1) The Administrator’s agreement to provide the participant with tuition reimbursement following successful completion (as determined, pursuant to regulations prescribed by the Administrator, by the educational institution involved) of (A) a course or courses required for the course of study described in subsection (a) of this section, or (B) a course or courses taken as necessary prerequisites for degree program enrollment if a letter regarding the potential enrollment of the participant from an appropriate official of the institution involved includes a statement specifying such prerequisites. “(2) The participant’s agreement— “(A) to maintain employment, while enrolled in the course of training being pursued by such participant, as a full-time Veterans’ Administration employee in the Department of Medicine and Surgery permanently assigned to a Veterans’ Administration health-care facility; and “(B) to continue to serve as a full-time employee in such Department for one year (hereinafter in this subchapter referred to as the ‘period of obligated service’) after completion of the course for which the participant received tuition reimbursement. “(d) Tuition reimbursement provided to a participant in the Tuition Reimbursement Program may not exceed $2,000 per year adjusted in accordance with section 4331 of this title). “(e) The Administrator may arrange with an educational institution pursuant to which such an institution would provide a course or courses at a Veterans’ Administration health-care facility to participants in the Tuition Reimbursement Program. Under such an arrangement, the Administrator may agree to pay to the institution an amount not in excess of an amount determined by multiplying the number of participants in such a course by the amount of tuition reimbursement each participant would receive for enrolling and successfully completing such course. “§ 4323. Obligated service “(a) Each participant in the Tuition Reimbursement Program shall provide service in the full-time clinical practice of such participant’s profession as a full-time employee of the Veterans’ Administration for the period of obligated service provided in the agreement of such participant entered into under section 4303 of this title. “(b) A participant who on such participant’s course completion date is a full-time employee in the Department of Medicine and Surgery shall be considered to have begun serving such participant’s period of obligated service on the course completion date. “(c) Except in the case of a participant whose tuition was paid pursuant to section 4322(f) of this title, if a participant in the Tuition Reimbursement Program fails to successfully complete a course, no reimbursement will be provided and no period of obligated service will be incurred. “(d) In the case of a participant whose tuition was paid pursuant to section 4322(f) of this title and who fails to complete the course involved, the period of obligation shall be of the same duration as it would have been if the participant had successfully completed the course and the course completion date shall be considered to be the date on which the participant’s failure becomes an established fact. “(e) For the purposes of this section, the term ‘course completion date’ means the date on which a participant in the Tuition Reimbursement Program completes such participant’s course of training under the program. “§ 4324. Breach of agreement: liability “(a) A participant in the Tuition Reimbursement Program who fails to maintain employment as a Veterans’ Administration employee permanently assigned to a Veteran’ Administration health-care facility— “(1) may not be provided reimbursement for tuition for the course or courses in which the participant is enrolled; and “(2) in lieu of any service obligation arising from completion of a course or courses in a previous semester or quarter, shall be liable to the United States for the amount which has been paid to or on behalf of the participant under the agreement. “(b) (1) If a participant in the Tuition Reimbursement Program breaches the agreement by failing (for any reason) to complete such participant’s period of obligated service, the United States shall be entitled to recover from the participant an amount determined in accordance with the following formula: A=3φ (t—st) In such formula: “(A) ‘A’ is the amount the United States is entitled to recover. “(B) ‘4’ is the sum of (i) the amounts paid under this subchapter to or on behalf of the participant, and (ii) the interest on such amounts which would be payable if at the time the amounts were paid they were Ioans bearing interest at the maximum legal prevailing rate, as determined by the Treasurer of the United States. “(C) ‘t’ is the total number of months in the participant’s period of obligated service. “(D) ‘s’ is the number of months of such period served by the participant in accordance with section 4323 of this title. “(2) Any amount of damages which the United States is entitled to recover under this section shall be paid to the United States within the one-year period beginning on the date of the breach of the agreement. “§ 4325. Allocation and distribution of funding “In determining the amount of funding to allocate to Veterans’ Administration health-care facilities for any fiscal year in connection with the Tuition Reimbursement Program, the Administrator shall take into account (1) the personnel ceiling for that fiscal year for nursing personnel, and (2) the recruitment and retention needs of such facilities, as determined by the Administrator. “SUBCHAPTER IV— ADMINISTRATIVE MATTERS “§ 4331. Periodic adjustments in amount of assistance “(a) (1) Whenever there is a general Federal pay increase, the Administrator shall increase the maximum monthly stipend amount and the maximum tuition reimbursement amount. Any such increase shall take effect with respect to any school year that ends in the fiscal year in which the pay increase takes effect. “(2) The amount of any increase under paragraph (1) of this subsection is the previous maximum amount under that paragraph multiplied by the overall percentage of the adjustment in the rates of pay under the General Schedule made under the general Federal pay increase. Such amount shall be rounded to the next lower multiple of $1. “(b) For purposes of this section: “(1) The term ‘maximum monthly stipend amount’ means the maximum monthly stipend that may be paid to a participant in the Scholarship Program specified in section 4313(b) of this title and as previously adjusted (if at all) in accordance with this subsection. “(2) The term ‘maximum tuition reimbursement amount’ means the maximum amount of tuition reimbursement provided to a participant in the Tuition Reimbursement Program specified in section 4322(e) of this title and as previously adjusted (if at all) in accordance with this subsection. “(3) The term ‘general Federal pay increase’ means an adjustment (if an increase) in the rates of pay under the General Schedule under subchapter III of chapter 51 of title 5. “§ 4332. Annual report Not later than March 1 of each year, the Administrator shall submit to Congress a report on the Educational Assistance Program. Each such report shall include the following information: “(1) The number of students receiving educational assistance under the Educational Assistance Program, showing the numbers of students receiving assistance under the Scholarship Program and the Tuition Reimbursement Program separately, and the number of students enrolled in each type of health profession training under each program. “(2) The education institutions providing such training to students in each program. “(3) The number of applications filed under each program, by health profession category, during the school year beginning in such year and the total number of such applications so filed for all years in which the Educational Assistance Program (or predecessor program) has been in e)(istence. “(4) The average amounts of educational assistance provided per participant in the Scholarship Program and per participant in the Tuition Reimbursement Program. “(6) The amount of tuition and other expenses paid, by health profession category, in the aggregate and at each educational institution for the school year beginning in such year and for prior school years. “(6) The number of scholarships accepted, by health profession category, during the school year beginning in such year and the number, by health profession category, which were offered and not accepted. “(7) The number of participants who complete a course or course of training in each program each year and for all years that such program (or predecessor program) has been in e)(istence. “§ 4333. Regulations “The Administrator shall prescribe regulations to carry out the Educational Assistance Program. “§ 4334. Breach of agreement; waiver of liability “(a) An obligation under the Educational Assistance Program (or an agreement under the program) of a participant in the Educational Assistance Program for performance of services or payment of damages is canceled upon the death of the participant. “(b) The Administrator shall prescribe regulations providing for Regulations. the waiver or suspension of any obligation of a participant for service or payment under the Educational Assistance Program (or an agreement under the program) whenever noncompliance by the participant is due to circumstances beyond the control of the participant or whenever the Administrator determines that the waiver or suspension of compliance is in the best interest of the United States. “(c) An obligation of a participant under the Educational Assistance Program (or an agreement thereunder) for payment of damages may not be released by a discharge in bankruptcy under title 11 before the expiration of the five-year period beginning on the first date the payment of such damages is due. “§ 4335. Service in other agencies “(a) The Administrator, with the consent of the participant or individual involved and the consent of the head of the department or agency involved, may permit— “(1) a period of obligated service required under this chapter to be performed in the Department of Medicine and Surgery to be performed in another Federal department or agency or in the Armed Forces in lieu of performance of such service in the Department of Medicine and Surgery; and “(2) a period of obligated service required to be performed in another Federal department or agency or in the Armed Forces under another Federal health personnel educational assistance program to be performed in the Department of Medicine and Surgery. “(b) This section shall be carried out in cooperation with the heads of other appropriate departments and agencies. “§ 4336. Exemption of educational assistance payments from taxation “Notwithstanding any other law, any payment to, or on behalf of a participant in the Educational Assistance Program, for tuition, education expenses, or a stipend under this chapter shall be exempt from taxation.”.

2. 1990

   Department of Veterans Affairs Nurse Pay Act of 1990

   Pub. L. 101–366 § 205(b)(1) · 104 Stat. 430

   1. Substituted · 38 U.S.C. § 7631(a)(1)

      Pub. L. 101–366, § 205(b)(1), substituted “stipend amount,” for “stipend amount and”

   2. Substituted · 38 U.S.C. § 7631(a)(1)

      Pub. L. 101–366, § 205(b)(1), substituted “reimbursement amount, and the maximum Selected Reserve member stipend amount” for “reimbursement amount”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 101–366, § 205(b)(1), substituted “stipend amount,” for “stipend amount and” and “reimbursement amount, and the maximum Selected Reserve member stipend amount” for “reimbursement amount”.

   Enacted provision · exact public law section
   (1) in the first sentence of subsection (a)(1)— (A) by striking out “amount and” and inserting in lieu thereof “amount,”; and (B) by striking out “amount.” and inserting in lieu thereof “amount, and the maximum Selected Reserve member stipend amount.”;

3. 1990

   Department of Veterans Affairs Nurse Pay Act of 1990

   Pub. L. 101–366 § 205(b)(2) · 104 Stat. 430

   1. Added · 38 U.S.C. § 7631(b)(3); 38 U.S.C. § 7631(b)(4)

      Pub. L. 101–366, § 205(b)(2), added par. (3)

   2. Redesignated · 38 U.S.C. § 7631(b)(3); 38 U.S.C. § 7631(b)(4)

      Pub. L. 101–366, § 205(b)(2), redesignated former par. (3) as (4)

   Source evidence

   Code amendment note
   Subsec. (b)(3), (4). Pub. L. 101–366, § 205(b)(2), added par. (3) and redesignated former par. (3) as (4).

   Enacted provision · exact public law section
   (2) in subsection (b)— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph (3): “(3) The term ‘maximum Selected Reserve member stipend amount’ means the maximum amount of assistance provided to a person receiving assistance under subchapter V of this chapter, as specified in section 4353 of this title and as previously adjusted (if at all) in accordance with this subsection.”.

4. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

   Changed · 38 U.S.C. § 7631

   Pub. L. 102–40, § 402(b)(1), renumbered section 4331 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–40, § 402(b)(1), renumbered section 4331 of this title as this section.

   Enacted provision · exact public law section
   (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7631(b)(1)

   Pub. L. 102–40, § 402(d)(1), substituted “7613(b)” for “4313(b)”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 102–40, § 402(d)(1), substituted “7613(b)” for “4313(b)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

6. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7631(b)(2)

   Pub. L. 102–40, § 402(d)(1), substituted “7622(e)” for “4322(e)”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted “7622(e)” for “4322(e)”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

7. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 7631(b)(3)

   Pub. L. 102–40, § 402(d)(1), substituted “7653” for “4353”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 102–40, § 402(d)(1), substituted “7653” for “4353”.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

8. 1991

   Pub. L. 102–54 § 14(e)(10) · 105 Stat. 267

   Substituted · 38 U.S.C. § 7631(b)(4)

   Pub. L. 102–54 amended subsec. (b)(4) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “chapter 53” for “chapter 51”

   Source evidence

   Code amendment note
   Subsec. (b)(4). Pub. L. 102–54 amended subsec. (b)(4) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “chapter 53” for “chapter 51”.

   Enacted provision · exact public law section
   (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4).

9. 1991

   Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

   Substituted · 38 U.S.C. § 7631(a)(1)

   Pub. L. 102–83 substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 102–83 substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

10. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 title I · 115 Stat. 2446

    Substituted · 38 U.S.C. § 7631(a)(1)

    Pub. L. 107–135, §§ 101(f)(1), 102(d)(1)(A), substituted “the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount, and the maximum education debt reduction payments amount” for “and the maximum Selected Reserve member stipend amount”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 107–135, §§ 101(f)(1), 102(d)(1)(A), substituted “the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount, and the maximum education debt reduction payments amount” for “and the maximum Selected Reserve member stipend amount”.

    Enacted provision · exact public law
    TITLE I— ENHANCEMENT OF NURSE RECRUITMENT AND RETENTION AUTHORITIES Subtitle A— Recruitment Authorities SEC. 101. ENHANCEMENT OF EMPLOYEE INCENTIVE SCHOLARSHIP PROGRAM. (a) Permanent Authority.— (1) Section 7676 is repealed. 38 USC 7676. (2) The table of sections at the beginning of chapter 76 is amended by striking the item relating to section 7676. (b) Minimum Period of Department Employment for Eligibility.— Section 7672(b) is amended by striking “2 years” and inserting “one year”. (c) Scholarship Amount.— Subsection (b) of section 7673 is amended— (1) in paragraph (1), by striking “for any 1 year” and inserting “for the equivalent of one year of full-time coursework”; and (2) by striking paragraph (2) and inserting the following new paragraph (2): “(2) in the case of a participant in the Program who is a part-time student, shall bear the same ratio to the amount that would be paid under paragraph (1) if the participant were a full-time student in the course of education or training being pursued by the participant as the coursework carried by the participant to full-time coursework in that course of education or training.”. (d) Limitation on Payment.— Subsection (c) of section 7673 is amended to read as follows: “(c) Limitations on Period of Payment.— (1) The maximum number of school years for which a scholarship may be paid under subsection (a) to a participant in the Program shall be six school years. “(2) A participant in the Program may not receive a scholarship under subsection (a) for more than the equivalent of three years of full-time coursework.”. (e) Full-Time Coursework.— 38 USC 7673. Section 7673 is further amended by adding at the end the following new subsection: “(e) Full-Time Coursework.— For purposes of this section, full-time coursework shall consist of the following: “(1) In the case of undergraduate coursework, 30 semester hours per undergraduate school year, “(2) In the case of graduate coursework, 18 semester hours per graduate school year”. (f) Annual Adjustment of Maximum Scholarship Amount.— Section 7631 is amended— (1) in subsection (a)(1), by striking “and the maximum Selected Reserve member stipend amount” and inserting “the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount,”; and (2) in subsection (b)— (A) by redesignating paragraph (4) as paragraph (6); and (B) by inserting after paragraph (3) the following new paragraph (4): “(4) The term ‘maximum employee incentive scholarship amount’ means the maximum amount of the scholarship payable to a participant in the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of this chapter, as specified in section 7673(b)(1) of this title and as previously adjusted (if at all) in accordance with this section.”. (g) Technical Amendments.— Section 7631(h) is further amended by striking “this subsection” each place it appears and inserting “this section”. SEC. 102. ENHANCEMENT OF EDUCATION DEBT REDUCTION PROGRAM. (a) Permanent Authority.— (1) Section 7684 is repealed. (2) The table of sections at the beginning of chapter 76 is amended by striking the item relating to section 7684. (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)”. (c) Maximum Debt Reduction Amount.— Section 7683(d)(1) is amended— (1) by striking “for a year”; and (2) by striking “exceed—” and all that follows through the end of the paragraph and inserting “exceed $44,000 over a total of five years of participation in the Program, of which not more than $10,000 of such payments may be made in each of the fourth and fifth years of participation in the Program.”. (d) Annual Adjustment of Maximum Debt Reduction Payments Amount.— (1) Section 7631, as amended by section 101(f) of this Act, is further amended— (A) in subsection (a)(1), by inserting before the period at the end of the first sentence the following: “and the maximum education debt reduction payments amount”; and (B) in subsection (b), by inserting after paragraph (4) the following new paragraph (5): “(5) The term ‘maximum education debt reduction payments amount’ means the maximum amount of education debt reduction payments payable to a participant in the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of this chapter, as specified in section 7683(d)(1) of this title and as previously adjusted (if at all) in accordance with this section.”. (2) Notwithstanding section 7631(a)(1) of title 38, United States 38 USC 7631 note. Code, as amended by paragraph (1), the Secretary of Veterans Affairs shall not increase the maximum education debt reduction payments amount under that section in calendar year 2002. (e) Temporary Expansion of Individuals Eligible for Participation in Program.— (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, 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 Expiration date. 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. SEC. 103. REPORT ON REQUESTS FOR WAIVERS OF PAY REDUCTIONS FOR REEMPLOYED ANNUITANTS TO FILL NURSE POSITIONS. (a) Report.— Deadline. Not later than March 28 of each of 2002 and 2003, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives and to the National Commission on VA Nursing established under subtitle D a report describing each request of the Secretary, during the fiscal year preceding such report, to the Director of the Office of Personnel Management for the following: (1) A waiver under subsection (i)(l)(A) of section 8344 of title 5, United States Code, of the provisions of such section in order to meet requirements of the Department of Veterans Affairs for appointments to nurse positions in the Veterans Health Administration. (2) A waiver under subsection (f)(1)(A) of section 8468 of title 5, United States Code, of the provisions of such section in order to meet requirements of the Department for appointments to such positions. (3) A grant of authority under subsection (i)(l)(B) of section 8344 of title 5, United States Code, for the waiver of the provisions of such section in order to meet requirements of the Department for appointments to such positions. (4) A grant of authority under subsection (f)(l)(B) of section 8468 of title 5, United States Code, for the waiver of the provisions of such section in order to meet requirements of the Department for appointments to such positions. (b) Information on Responses to Requests.— The report under subsection (a) shall specify for each request covered by the report— (1) the response of the Director to such request; and (2) if such request was granted, whether or not the waiver or authority, as the case may be, assisted the Secretary in meeting requirements of the Department for appointments to nurse positions in the Veterans Health Administration. Subtitle B— Retention Authorities SEC. 121. ADDITIONAL PAY FOR SATURDAY TOURS OF DUTY FOR ADDITIONAL HEALTH CARE PROFESSIONALS IN THE VETERANS HEALTH ADMINISTRATION. (a) In General.— 38 USC 7454. Section 7454(b) is amended— (1) by inserting “(1)” after “(b)”; and (2) by adding at the end the following new paragraph: “(2) Health care professionals employed in positions referred to in paragraph (1) shall be entitled to additional pay on the same basis as provided for nurses in section 7453(c) of this title.". (b) Applicability.— 38 USC 7454 note. The amendments made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act. SEC. 122. UNUSED SICK LEAVE INCLUDED IN ANNUITY COMPUTATION OF REGISTERED NURSES WITHIN THE VETERANS HEALTH ADMINISTRATION. (a) Annuity Computation.— Section 8415 of title 5, United States Code, is amended by adding at the end the following new subsection: “(i) In computing an annuity under this subchapter, the total service of an employee who retires from the position of a registered nurse with the Veterans Health Administration on an immediate annuity, or dies while employed in that position leaving any survivor entitled to an annuity, includes the days of unused sick leave to the credit of that employee under a formal leave system, except that such days shall not be counted in determining average pay or annuity eligibility under this subchapter.”. (b) Deposit Not Required.— Section 8422(d) of such title is amended— (1) by inserting “(1)” before “Under such regulations”; and (2) by adding at the end the following: “(2) Deposit may not be required for days of unused sick leave credited under section 8415(i).”. (c) Effective Date.— The amendments made by this section Applicability. 5 USC 8415 note. shall take effect 60 days after the date of the enactment of this Act and shall apply to individuals who separate from service on or after that effective date. SEC. 123. EVALUATION OF DEPARTMENT OF VETERANS AFFAIRS NURSE MANAGED CLINICS. (a) Evaluation.— The Secretary of Veterans Affairs shall carry out an evaluation of the efficacy of the nurse managed health care clinics of the Department of Veterans Affairs. The Secretary Deadline. shall complete the evaluation not later than 18 months after the date of the enactment of this Act. (b) Clinics To Be Evaluated.— (1) In carrying out the evaluation under subsection (a), the Secretary shall consider nurse managed health care clinics, including primary care clinics and geriatric care clinics, located in three different geographic service areas of the Department. (2) If there are not nurse managed health care clinics located in three different geographic service areas as of the commencement of the evaluation, the Secretary shall— (A) establish nurse managed health care clinics in additional geographic service areas such that there are nurse managed health care clinics in three different geographic service areas for purposes of the evaluation; and (B) include such clinics, as so established, in the evaluation. (c) Matters To Be Evaluated.— In carrying out the evaluation under subsection (a), the Secretary shall address the following: (1) Patient satisfaction. (2) Provider experiences. (3) Cost of care. (4) Access to care, including waiting time for care. (5) The functional status of patients receiving care. (6) Any other matters the Secretary considers appropriate. (d) Report.— Not later than 18 months after the date of Deadline. the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the evaluation carried out under subsection (a). The report shall address the matters specified in subsection (c) and include any other information, and any recommendations, that the Records. Secretary considers appropriate. The Secretary shall provide a copy of the report to the National Commission on VA Nursing established under subtitle D. SEC. 124. STAFFING LEVELS FOR OPERATIONS OF MEDICAL FACILITIES. (a) In General.— 38 USC 8110. Section 8110(a) is amended— (1) in paragraph (1), by inserting after “complete care of patients,” in the fifth sentence the following: “and in a manner consistent with the policies of the Secretary on overtime,”; and (2) in paragraph (2)— (A) by inserting “, including the staffing required to maintain such capacities,” after “all Department medical facilities”; (B) by striking “and to minimize” and inserting “, to minimize”; and (C) by inserting before the period the following: “, and to ensure that eligible veterans are provided such care and services in an appropriate manner”. (b) Nationwide Policy on Staffing.— Paragraph (3) of that section is amended— (1) in subparagraph (A), by inserting “the adequacy of staff levels for compliance with the policy established under subparagraph (C),” after “regarding”; and (2) by inserting after subparagraph (B) the following new subparagraph: “(C) Policy. The Secretary shall, in consultation with the Under Secretary for Health, establish a nationwide policy on the staffing of Department medical facilities in order to ensure that such facilities have adequate staff for the provision to veterans of appropriate, high-quality care and services. The policy shall take into account the staffing levels and mixture of staff skills required for the range of care and services provided veterans in Department facilities.”. SEC. 125. ANNUAL REPORT ON USE OF AUTHORITIES TO ENHANCE RETENTION OF EXPERIENCED NURSES. (a) Annual Report.— (1) Subchapter II of chapter 73 is amended by adding at the end the following new section: “§ 7324. Annual report on use of authorities to enhance retention of experienced nurses “(a) Annual Report.— Deadline. Not later than January 31 each year, the Secretary, acting through the Under Secretary for Health, shall submit to Congress a report on the use during the preceding year of authorities for purposes of retaining experienced nurses in the Veterans Health Administration, as follows: “(1) The authorities under chapter 76 of this title. “(2) The authority under VA Directive 5102.1, relating to the Department of Veterans Affairs nurse qualification standard, dated November 10, 1999, or any successor directive. “(3) Any other authorities available to the Secretary for those purposes. “(b) Report Elements.— Each report under subsection (a) shall specify for the period covered by such report, for each Department medical facility and for each geographic service area of the Department, the following: “(1) The number of waivers requested under the authority referred to in subsection (a)(2), and the number of waivers granted under that authority, to promote to the Nurse II grade or Nurse III grade under the Nurse Schedule under section 7404(b)(1) of this title any nurse who has not completed a baccalaureate degree in nursing in a recognized school of nursing, set forth by age, race, and years of experience of the individuals subject to such waiver requests and waivers, as the case may be. “(2) The programs carried out to facilitate the use of nursing education programs by experienced nurses, including programs for flexible scheduling, scholarships, salary replacement pay, and on-site classes.”. (2) The table of sections at the beginning of chapter 73 is amended by inserting after the item relating to section 7323 the following new item: “7324. Annual report on use of authorities to enhance retention of experienced nurses.”. (b) Initial Report.— The initial report required under section 38 USC 7324 note. 7324 of title 38, United States Code, as added by subsection (a), shall be submitted to the National Commission on VA Nursing established under subtitle D as well as to Congress. SEC. 126. REPORT ON MANDATORY OVERTIME FOR NURSES AND NURSING ASSISTANTS IN DEPARTMENT OF VETERANS AFFAIRS FACILITIES. (a) Report.— Not later than 180 days after the date of the Deadline. enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives and to the National Commission on VA Nursing established under subtitle D a report on the mandatory overtime required of licensed nurses and nursing assistants providing direct patient care at Department of Veterans Affairs medical facilities during 2001. (b) Mandatory Overtime.— For purposes of the report under subsection (a), mandatory overtime shall consist of any period in which a nurse or nursing assistant is mandated or otherwise required, whether directly or indirectly, to work or be in on-duty status in excess of— (1) a scheduled workshift or duty period; (2) 12 hours in any 24-hour period; or (3) 80 hours in any period of 14 consecutive days. (c) Elements.— The report under subsection (a) shall include the following: (1) A description of the amount of mandatory overtime described in that subsection at each Department medical facility during the period covered by the report. (2) A description of the mechanisms employed by the Secretary to monitor overtime of the nurses and nursing assistants referred to in that subsection. (3) An assessment of the effects of the mandatory overtime of such nurses and nursing assistants on patient care, including any reported association with medical errors. (4) Recommendations regarding mechanisms for preventing mandatory overtime in other than emergency situations by such nurses and nursing assistants. (5) Any other matters that the Secretary considers appropriate. Subtitle C— Other Authorities SEC. 131. ORGANIZATIONAL RESPONSIBILITY OF THE DIRECTOR OF THE NURSING SERVICE. 38 USC 7306. Section 7306(a)(5) is amended by inserting and report directly to,” after "responsible to”. SEC. 132. COMPUTATION OF ANNUITY FOR PART-TIME SERVICE PERFORMED BY CERTAIN HEALTH-CARE PROFESSIONALS BEFORE APRIL 7, 1986. Section 7426 is amended by adding at the end the following new subsection: “(c) The provisions of subsection (b) shall not apply to the part-time service before April 7, 1986, of a registered nurse, physician assistant, or expanded-function dental auxiliary. In computing the annuity under the applicable provision of law specified in that subsection of an individual covered by the preceding sentence, the service described in that sentence shall be credited as full-time service.”. SEC. 133. MODIFICATION OF NURSE LOCALITY PAY AUTHORITIES. Section 7451 is amended— (1) in subsection (d)(3)— (A) in subparagraph (A), by striking “beginning rates of” each place it appears; (B) in subparagraph (B), by striking “beginning rates of” the first place it appears; and (C) in subparagraph (C)(i), by striking “beginning rates of” each place it appears; (2) in subsection (d)(4)— (A) by striking “or at any other time that an adjustment in rates of pay is scheduled to take place under this subsection” in the first sentence; and (B) by striking the second sentence; and (3) in subsection (e)(4)— (A) in subparagraph (A), by striking “grade in a”; (B) in subparagraph (B)— (i) by striking “grade of a”; and (ii) by striking “that grade” and inserting “that position”; and (C) in subparagraph (D), by striking “grade of a”. Subtitle D— National Commission on VA Nursing SEC. 141. ESTABLISHMENT OF COMMISSION. (a) Establishment.— There is hereby established in the Department of Veterans Affairs a commission to be known as the “National Commission on VA Nursing” (hereinafter in this subtitle referred to as the “Commission”). (b) Composition.— The Commission shall be composed of 12 members appointed by the Secretary of Veterans Affairs as follows: (1) At least two shall be recognized representatives of employees (including nurses) of the Department of Veterans (2) At least one shall be a representative of professional associations of nurses of the Department or similar organizations affiliated with the Department’s health care practitioners. (3) At least one shall be a nurse from a nursing school affiliated with the Department of Veterans Affairs. (4) At least two shall be representatives of veterans. (5) At least one shall be an economist. (6) The remainder shall be appointed in such manner as the Secretary considers appropriate. (c) Chair Of Commission.— The Secretary of Veterans Affairs shall designate one of the members of the Commission to chair the Commission. (d) Period of Appointment; Vacancies.— Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall be filled in the same manner as the original appointment. (e) Initial Organization Requirements.— All appointments Deadlines. to the Commission shall be made not later than 60 days after the date of the enactment of this Act. The Commission shall convene its first meeting not later than 60 days after the date as of which all members of the Commission have been appointed. SEC. 142. DUTIES OF COMMISSION. (a) Assessment.— The Commission shall— (1) consider legislative and organizational policy changes to enhance the recruitment and retention of nurses and other nursing personnel by the Department of Veterans Affairs; and (2) assess the future of the nursing profession within the Department. (b) Recommendations.— The Commission shall recommend legislative and organizational policy changes to enhance the recruitment and retention of nurses and other nursing personnel in the Department. SEC. 143. REPORTS. (a) Commission Report.— The Commission shall, not later than two years after the date of its first meeting, submit to Congress and the Secretary of Veterans Affairs a report on the Commission’s findings and recommendations. (b) Secretary of Veterans Affairs Report.— Not later than Deadline. 60 days after the date of the Commission’s report under subsection (a), the Secretary shall submit to Congress a report— (1) providing the Secretary’s views on the Commission’s findings and recommendations; and (2) explaining what actions, if any, the Secretary intends to take to implement the recommendations of the Commission and the Secretary’s reasons for doing so. SEC. 144. POWERS. (a) Hearings.— The Commission or, at its direction, any panel or member of the Commission, may, for the purpose of carrying out the provisions of this subtitle, hold hearings and take testimony to the extent that the Commission or any member considers advisable. (b) Information.— The Commission may secure directly from any Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its responsibilities under this subtitle. SEC. 145. PERSONNEL MATTERS. (a) Pay of Members.— Members of the Commission shall serve without pay by reason of their work on the Commission. (b) Travel Expenses.— The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.— (1) The Secretary may, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, appoint a staff director and such additional personnel as may be necessary to enable the Commission to perform its duties. (2) The Secretary may fix the pay of the staff director and other personnel appointed under paragraph (1) without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay fixed under this paragraph for the staff director may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title and the rate of pay for other personnel may not exceed the maximum rate payable for grade GS-15 of the General Schedule. (d) Detail of Government Employees.— Upon request of the Secretary, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties. SEC. 146. TERMINATION OF COMMISSION. The Commission shall terminate 90 days after the date of the submission of its report under section 143(a).

11. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 101(g) · 115 Stat. 2446

    Substituted · 38 U.S.C. § 7631(b)(1)(3)

    Pub. L. 107–135, § 101(g), substituted “this section” for “this subsection” in pars. (1) to (3)

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (3). Pub. L. 107–135, § 101(g), substituted “this section” for “this subsection” in pars. (1) to (3).

    Enacted provision · exact public law section
    (g) Technical Amendments.— Section 7631(h) is further amended by striking “this subsection” each place it appears and inserting “this section”.

12. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 101(f)(2)(B) · 115 Stat. 2446

    Redesignated · 38 U.S.C. § 7631(b)(4)

    Pub. L. 107–135, § 101(f)(2)(B), added par. (4). Former par. (4) redesignated (6)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 107–135, § 101(f)(2)(B), added par. (4). Former par. (4) redesignated (6).

    Enacted provision · exact public law section
    (B) by inserting after paragraph (3) the following new paragraph (4): “(4) The term ‘maximum employee incentive scholarship amount’ means the maximum amount of the scholarship payable to a participant in the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of this chapter, as specified in section 7673(b)(1) of this title and as previously adjusted (if at all) in accordance with this section.”.

13. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 102(d)(1)(B) · 115 Stat. 2446

    Added · 38 U.S.C. § 7631(b)(5)

    Pub. L. 107–135, § 102(d)(1)(B), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 107–135, § 102(d)(1)(B), added par. (5).

    Enacted provision · exact public law section
    (B) in subsection (b), by inserting after paragraph (4) the following new paragraph (5): “(5) The term ‘maximum education debt reduction payments amount’ means the maximum amount of education debt reduction payments payable to a participant in the Department of Veterans Affairs Education Debt Reduction Program under subchapter VII of this chapter, as specified in section 7683(d)(1) of this title and as previously adjusted (if at all) in accordance with this section.”.

14. 2002

    Department of Veterans Affairs Health Care Programs Enhancement Act of 2001

    Pub. L. 107–135 § 101(f)(2)(A) · 115 Stat. 2446

    Redesignated · 38 U.S.C. § 7631(b)(6)

    Pub. L. 107–135, § 101(f)(2)(A), redesignated par. (4) as (6)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 107–135, § 101(f)(2)(A), redesignated par. (4) as (6).

    Enacted provision · exact public law section
    (A) by redesignating paragraph (4) as paragraph (6); and

15. 2018

    John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018

    Pub. L. 115–182 § 303(b)(1)(D)(i) · 132 Stat. 1393

    Struck and inserted · 38 U.S.C. § 7631(a)(1)

    Pub. L. 115–182, § 303(b)(1)(D)(i), struck out “and” after “scholarship amount,” and inserted “, and the maximum specialty education loan repayment amount” after “reduction payments amount”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 115–182, § 303(b)(1)(D)(i), struck out “and” after “scholarship amount,” and inserted “, and the maximum specialty education loan repayment amount” after “reduction payments amount”.

    Enacted provision · exact public law section
    (i) in subsection (a)(1)— (I) by striking “and” after “scholarship amount,”; and (II) by inserting “, and the maximum specialty education loan repayment amount” after “reduction payments amount”; and

16. 2018

    John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018

    Pub. L. 115–182 § 303(b)(1)(D)(ii) · 132 Stat. 1393

    Added · 38 U.S.C. § 7631(b)(7)

    Pub. L. 115–182, § 303(b)(1)(D)(ii), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (b)(7). Pub. L. 115–182, § 303(b)(1)(D)(ii), added par. (7).

    Enacted provision · exact public law section
    (ii) in subsection (b) by adding at the end the following new paragraph: “(7) The term ‘specialty education loan repayment amount’ means the maximum amount of specialty education loan repayment payments payable to or for a participant in the Department of Veterans Affairs Specialty Education Loan Repayment Program under subchapter VIII of this chapter, as specified in section 7694(c)(1) of this title and as previously adjusted (if at all) in accordance with this section.” .

17 of 18 references resolved to an enrolled provision · 1 partial