§ 7653. 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. 1990

   Department of Veterans Affairs Nurse Pay Act of 1990

   Pub. L. 101–366 title II § 205(a)(1) · 104 Stat. 430

   Enacted · 38 U.S.C. § 7653

   Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4353

   Source evidence

   Code source credit
   Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4353

   Enacted provision · exact public law section
   (1) Chapter 76 of title 38, United States Code, is amended by adding at the end the following new subchapter: “SUBCHAPTER V— STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE “§ 4351. Authority for program “(a) As part of the Educational Assistance Program, the Secretary of Veterans Affairs may select qualified individuals to receive assistance under this subchapter. “(b) To be eligible to receive assistance under this subchapter, an individual must be accepted for enrollment or be enrolled as a full-time student at a qualifying educational institution in a course of education or training that is approved by the Secretary and that leads toward completion of a degree in a health profession involving direct patient care or care incident to direct patient care. “§4352. Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve “The Secretary of Veterans Affairs may not approve an application under section 4303 of this title of an individual applying to receive assistance under this subchapter unless— “(1) the individual is entitled to benefits under chapter 106 of title 10; and “(2) the score of the individual on the Armed Forces Qualification Test was above the 50th percentile. “§4353. Amount of assistance “The Secretary may pay to a person selected to receive assistance under this subchapter the amount of $400 (adjusted in accordance with section 4331 of this title) for each month of the person’s enrollment in a program of education or training covered by the agreement of the person entered into under section 4303 of this title. Payment of such benefits for any period shall be coordinated with any payment of benefits for the same period under chapter 106 of title 10. “§4354. Obligated service “A person receiving assistance under this subchapter shall provide service in the full-time clinical practice of the person’s profession as a full-time employee of the Department for the period of obligated service provided in the agreement of such person entered into under section 4303 of this title. “§4355. Breach of agreement; liability “(a) (1) Subject to paragraph (2), an individual who is receiving or has received a reserve member stipend under this subchapter and who fails to perform the service for which the individual is obligated under section 4354 of this title shall be liable to the United States in an amount determined in accordance with section 4317(c)(1) of this title. “(2) An individual who, as a result of performing active duty (including active duty for training), is unable to perform the service for which the individual is obligated under section 4354 of this title shall be permitted to perform that service upon completion of the active duty service (or active duty for training). The Secretary may, by regulation, waive the requirement for the performance of the service for which the individual is obligated under section 4354 of this title in any case in which the Secretary determines that the individual is unable to perform the service for reasons beyond the control of the individual or in any case in which the waiver would be in the best interest of the individual and the United States. “(b) Any amount owed the United States under subsection (a) of this section shall be paid to the United States during the one-year period beginning on the date of the breach of the agreement.”.

2. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

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

   1. Substituted · 38 U.S.C. § 7653

      Pub. L. 102–40 renumbered section 4353 of this title as this section and substituted “7631” for “4331”

   2. Substituted · 38 U.S.C. § 7653

      Pub. L. 102–40 renumbered section 4353 of this title as this section and substituted “7603” for “4303”

   Source evidence

   Code amendment note
   Pub. L. 102–40 renumbered section 4353 of this title as this section and substituted “7631” for “4331” and “7603” for “4303”.

   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.

3 of 3 references resolved to an enrolled provision