dreamproit/uscode huggingface dataset:
38 U.S.C. § 7635 (VETERANS’ BENEFITS)
§ 7635. Service in other agencies
(a) The Secretary, 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 Veterans Health Administration to be performed in another Federal department or agency or in the Armed Forces in lieu of performance of such service in the Veterans Health Administration; 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 Veterans Health Administration.
(b) This section shall be carried out in cooperation with the heads of other appropriate departments and agencies.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 529, § 4335; renumbered § 7635, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 103–446, title XII, § 1201(b)(1), Nov. 2, 1994, 108 Stat. 4682.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–446 substituted “Veterans Health Administration” for “Department of Medicine and Surgery” wherever appearing.
1991—Pub. L. 102–40 renumbered section 4335 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted “Secretary” for “Administrator” in introductory provisions.
38 U.S.C. § 7636 (VETERANS’ BENEFITS)
§ 7636. 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, a stipend, or education debt reduction under this chapter shall be exempt from taxation.
(Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 529, § 4336; renumbered § 7636, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title VIII, § 805(6), Nov. 11, 1998, 112 Stat. 3359.)
heading: Amendments
text: 1998—Pub. L. 105–368 substituted “a stipend, or education debt reduction” for “or a stipend”.
1991—Pub. L. 102–40 renumbered section 4336 of this title as this section.
38 U.S.C. § 7651 (VETERANS’ BENEFITS)
§ 7651. 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.
(Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 439, § 4351; renumbered § 7651, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4351 of this title as this section.
38 U.S.C. § 7652 (VETERANS’ BENEFITS)
§ 7652. 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 7603 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.
(Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4352; renumbered § 7652 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4352 of this title as this section and substituted “7603” for “4303” in introductory provisions.
38 U.S.C. § 7653 (VETERANS’ BENEFITS)
§ 7653. 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 7631 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 7603 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.
(Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4353; renumbered § 7653 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4353 of this title as this section and substituted “7631” for “4331” and “7603” for “4303”.
38 U.S.C. § 7654 (VETERANS’ BENEFITS)
§ 7654. 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 7603 of this title.
(Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4354; renumbered § 7654 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4354 of this title as this section and substituted “7603” for “4303”.
38 U.S.C. § 7655 (VETERANS’ BENEFITS)
§ 7655. 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 7654 of this title shall be liable to the United States in an amount determined in accordance with section 7617(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 7654 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 7654 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.
(Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4355; renumbered § 7655 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)
heading: Amendments
text: 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4355 of this title as this section.
Subsec. (a)(1). Pub. L. 102–40, § 402(d)(1), substituted “7654” for “4354” and “7617(c)(1)” for “4317(c)(1)”.
Subsec. (a)(2). Pub. L. 102–40, § 402(d)(1), substituted “7654” for “4354” in two places.
38 U.S.C. § 7671 (VETERANS’ BENEFITS)
§ 7671. Authority for program
As part of the Educational Assistance Program, the Secretary may carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Employee Incentive Scholarship Program (hereinafter in this subchapter referred to as the “Program”). The purpose of the Program is to assist, through the establishment of an incentive program for individuals employed in the Veterans Health Administration, in meeting the staffing needs of the Veterans Health Administration for health professional occupations for which recruitment or retention of qualified personnel is difficult.
(Added Pub. L. 105–368, title VIII, § 802(a), Nov. 11, 1998, 112 Stat. 3352; amended Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)
heading: Amendments
text: 2001—Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
38 U.S.C. § 7676 (VETERANS’ BENEFITS)
[§ 7676. Repealed. Pub. L. 107–135, title I, § 101(a)(1), Jan. 23, 2002, 115 Stat. 2447]
text: Section, added Pub. L. 105–368, title VIII, § 802(a), Nov. 11, 1998, 112 Stat. 3356, provided that the Secretary could not furnish scholarships to individuals who had not commenced participation in the Program before Dec. 31, 2001.
38 U.S.C. § 7681 (VETERANS’ BENEFITS)
§ 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 (hereinafter 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 and retention 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.
(Added Pub. L. 105–368, title VIII, § 803(a), Nov. 11, 1998, 112 Stat. 3357; amended Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 111–163, title III, § 301(a), May 5, 2010, 124 Stat. 1146.)
heading: Amendments
text: 2010—Subsec. (a)(2). Pub. L. 111–163 inserted “and retention” after “assist in the recruitment”.
2001—Subsec. (a)(1). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
heading: Loan Repayment Program for Clinical Researchers From Disadvantaged Backgrounds
text: Pub. L. 111–163, title VI, § 604, May 5, 2010, 124 Stat. 1174, provided that:
“(a) In General.—
The Secretary of Veterans Affairs may, in consultation with the Secretary of Health and Human Services, use the authorities available in section 487E of the Public Health Service Act (42 U.S.C. 288–5) for the repayment of the principal and interest of educational loans of appropriately qualified health professionals who are from disadvantaged backgrounds in order to secure clinical research by such professionals for the Veterans Health Administration.
“(b) Limitations.—
The exercise by the Secretary of Veterans Affairs of the authorities referred to in subsection (a) shall be subject to the conditions and limitations specified in paragraphs (2) and (3) of section 487E(a) of the Public Health Service Act (42 U.S.C. 288–5(a)(2) and (3)).
“(c) Funding.—
Amounts for the repayment of principal and interest of educational loans under this section shall be derived from amounts available to the Secretary of Veterans Affairs for the Veterans Health Administration for Medical Services.”
38 U.S.C. § 7682 (VETERANS’ BENEFITS)
§ 7682. Eligibility
(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.
(Added Pub. L. 105–368, title VIII, § 803(a), Nov. 11, 1998, 112 Stat. 3357; amended Pub. L. 107–135, title I, § 102(b), Jan. 23, 2002, 115 Stat. 2448; Pub. L. 111–163, title III, § 301(b), May 5, 2010, 124 Stat. 1146.)
heading: Amendments
text: 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)”.
heading: Temporary Expansion of Individuals Eligible for Participation in Program
text: Pub. L. 107–135, title I, § 102(e), Jan. 23, 2002, 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 June 30, 2002.
38 U.S.C. § 7684 (VETERANS’ BENEFITS)
[§ 7684. Repealed. Pub. L. 107–135, title I, § 102(a)(1), Jan. 23, 2002, 115 Stat. 2448]
text: Section, added Pub. L. 105–368, title VIII, § 803(a), Nov. 11, 1998, 112 Stat. 3358, provided that the Secretary could not make education debt reduction payments to individuals who had not commenced participation in the Education Debt Reduction Program before Dec. 31, 2001.
38 U.S.C. § 7701 (VETERANS’ BENEFITS)
§ 7701. Organization of the Administration
(a) There is in the Department of Veterans Affairs a Veterans Benefits Administration. The primary function of the Veterans Benefits Administration is the administration of nonmedical benefits programs of the Department which provide assistance to veterans and their dependents and survivors.
(b) The Veterans Benefits Administration is under the Under Secretary for Benefits, who is directly responsible to the Secretary for the operations of the Administration. The Under Secretary for Benefits may be referred to as the Chief Benefits Director.
(Added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 399; amended Pub. L. 102–405, title III, § 302(c)(1), (3), Oct. 9, 1992, 106 Stat. 1984.)
heading: Amendments
text: 1992—Subsec. (b). Pub. L. 102–405 substituted “Under Secretary for Benefits” for “Chief Benefits Director” and inserted at end “The Under Secretary for Benefits may be referred to as the Chief Benefits Director.”
38 U.S.C. § 7703 (VETERANS’ BENEFITS)
§ 7703. Functions of the Administration
The Veterans Benefits Administration is responsible for the administration of the following programs of the Department:
(1) Compensation and pension programs.
(2) Vocational rehabilitation and educational assistance programs.
(3) Veterans’ housing loan programs.
(4) Veterans’ and servicemembers’ life insurance programs.
(5) Outreach programs and other veterans’ services programs.
(Added Pub. L. 102–83, § 2(b), Aug. 6, 1991, 105 Stat. 399.)
38 U.S.C. § 7732 (VETERANS’ BENEFITS)
§ 7732. Functions
The Under Secretary for Benefits, acting through the quality assurance entities established under section 7731(a), shall on an ongoing basis perform and oversee quality reviews of the functions of each of the principal organizational elements of the Veterans Benefits Administration.
(Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585.)
38 U.S.C. § 7732A (VETERANS’ BENEFITS)
§ 7732A. Employee certification
(a) Development of Certification Examination.—
(1) The Secretary shall provide for an examination of appropriate employees and managers of the Veterans Benefits Administration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary.
(2) In developing the examination required by paragraph (1), the Secretary shall—
(A) consult with appropriate individuals or entities, including examination development experts, interested stakeholders, and employee representatives; and
(B) consider the data gathered and produced under section 7731(c)(3) of this title.
(b) Employee and Manager Requirement.—
The Secretary shall require appropriate employees and managers of the Veterans Benefits Administration who are responsible for processing claims for compensation and pension benefits under the laws administered by the Secretary to take the examination provided under subsection (a).
(Added Pub. L. 110–389, title II, § 225(a)(1), Oct. 10, 2008, 122 Stat. 4158.)
heading: Deadlines for Implementation
text: Pub. L. 110–389, title II, § 225(a)(3), Oct. 10, 2008, 122 Stat. 4158, provided that:
“The Secretary of Veterans Affairs shall—
“(A) develop an updated certification examination required under section 7732A of title 38, United States Code, as added by subsection (a), not later than one year after the date of the enactment of this Act [Oct. 10, 2008]; and
“(B) begin administering such certification examination required under such section not later than 90 days after the date on which the development of such certification examination is complete.”
38 U.S.C. § 7733 (VETERANS’ BENEFITS)
§ 7733. Personnel
The Secretary shall ensure that the number of full-time employees of the Veterans Benefits Administration assigned to quality assurance functions under this subchapter is adequate to perform the quality assurance functions for which they have responsibility.
(Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585.)
38 U.S.C. § 7734 (VETERANS’ BENEFITS)
§ 7734. Annual report to Congress
The Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the quality assurance activities carried out under this subchapter. Each such report shall include—
(1) an appraisal of the quality of services provided by the Veterans Benefits Administration, including—
(A) the number of decisions reviewed;
(B) a summary of the findings on the decisions reviewed;
(C) the number of full-time equivalent employees assigned to quality assurance in each division or entity;
(D) specific documentation of compliance with the standards for independence and internal control required by section 7731(b) of this title; and
(E) actions taken to improve the quality of services provided and the results obtained;
(2) information with respect to the accuracy of decisions, including trends in that information; and
(3) such other information as the Secretary considers appropriate.
(Added Pub. L. 106–117, § 801(a)(1), Nov. 30, 1999, 113 Stat. 1585.)
38 U.S.C. § 7801 (VETERANS’ BENEFITS)
§ 7801. Purpose of Veterans’ Canteen Service
The Veterans’ Canteen Service (hereinafter in this chapter referred to as the “Service”) in the Department is an instrumentality of the United States, created for the primary purpose of making available to veterans of the Armed Forces who are hospitalized or domiciled in hospitals and homes of the Department, at reasonable prices, articles of merchandise and services essential to their comfort and well-being.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1248, § 4201; renumbered § 7801 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)
heading: Amendments
text: 2001—Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
1991—Pub. L. 102–40 renumbered section 4201 of this title as this section.
Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in two places.
38 U.S.C. § 7803 (VETERANS’ BENEFITS)
§ 7803. Operation of Service
(a) Primary Beneficiaries.—
Canteens operated by the Service shall be primarily for the use and benefit of—
(1) veterans hospitalized or domiciled at the facilities at which canteen services are provided; and
(2) other veterans who are enrolled under section 1705 of this title.
(b) Other Authorized Users.—
Service at such canteens may also be furnished to—
(1) personnel of the Department and recognized veterans’ organizations who are employed at a facility at which canteen services are provided and to other persons so employed;
(2) the families of persons referred to in paragraph (1) who reside at the facility; and
(3) relatives and other persons while visiting a person specified in this section.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1249, § 4203; renumbered § 7803 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404; Pub. L. 106–117, title III, § 302, Nov. 30, 1999, 113 Stat. 1572; Pub. L. 108–422, title VI, § 603, Nov. 30, 2004, 118 Stat. 2397.)
heading: Amendments
text: 2004—Pub. L. 108–422 amended text of section generally. Prior to amendment, text read as follows: “The canteens at hospitals and homes of the Department shall be primarily for the use and benefit of veterans hospitalized or domiciled at such hospitals and homes. Service at such canteens may also be furnished to personnel of the Department and recognized veterans’ organizations employed at such hospitals and homes and to other persons so employed, to the families of all the foregoing persons who reside at the hospital or home concerned, and to relatives and other persons while visiting any of the persons named in this section.”
1999—Pub. L. 106–117 struck out subsec. (a) designation and substituted “in this section” for “in this subsection; however, service to any person not hospitalized, domiciled, or residing at the hospital or home shall be limited to the sale of merchandise or services for consumption or use on the premises” and struck out subsec. (b) which read as follows: “Service at canteens other than those established at hospitals and homes shall be limited to sales of merchandise and services for consumption or use on the premises, to personnel employed at such establishments, their visitors, and other persons at such establishments on official business.”
1991—Pub. L. 102–40 renumbered section 4203 of this title as this section.
Subsec. (a). Pub. L. 102–83 substituted “Department” for “Veterans’ Administration” in two places.
38 U.S.C. § 7804 (VETERANS’ BENEFITS)
§ 7804. Financing of Service
To finance the establishment, maintenance, and operation of the Service there is hereby authorized to be appropriated, from time to time, such amounts as are necessary to provide for (1) the acquisition of necessary furniture, furnishings, fixtures, and equipment for the establishment, maintenance, and operation of canteens, warehouses, and storage depots; (2) stocks of merchandise and supplies for canteens and reserve stocks of same in warehouses and storage depots; (3) salaries, wages, and expenses of all employees; (4) administrative and operation expenses; and (5) adequate working capital for each canteen and for the Service as a whole. Amounts appropriated under the authority contained in this chapter and all income from canteen operations become and will be administered as a revolving fund to effectuate the provisions of this chapter.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1250, § 4204; Pub. L. 92–310, title II, § 209, June 6, 1972, 86 Stat. 204; Pub. L. 99–576, title VII, § 702(14), Oct. 28, 1986, 100 Stat. 3302; renumbered § 7804 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), May 7, 1991, 105 Stat. 238.)
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4204 of this title as this section.
1986—Pub. L. 99–576 struck out “, amounts heretofore appropriated to carry out Public Law 636, Seventy-ninth Congress,” before “and all income”.
1972—Pub. L. 92–310 struck out “and premiums on fidelity bonds of employees” in cl. (4).