dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
heading: Amendments
text: 2001—Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
38 U.S.C. § 7691 (VETERANS’ BENEFITS)
§ 7691. Establishment
As part of the Educational Assistance Program, the Secretary may carry out a student loan repayment program under section 5379 of title 5. The program shall be known as the Department of Veterans Affairs Specialty Education Loan Repayment Program (in this chapter referred to as the “Specialty Education Loan Repayment Program”).
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464.)
heading: Statutory Notes and Related Subsidiaries
heading: Offer Deadline
text: Pub. L. 115–182, title III, § 303(e), June 6, 2018, 132 Stat. 1467, as amended by Pub. L. 115–251, title II, § 211(b)(6)(B), Sept. 29, 2018, 132 Stat. 3177, provided that:
“In the case of an applicant who applies before receiving a residency match and whom the Secretary of Veterans Affairs selects for participation in the Specialty Education Loan Repayment Program under subchapter VIII of chapter 76 of title 38, United States Code, as enacted by subsection (a), the Secretary shall offer participation to the applicant not later than 28 days after—
“(1) the applicant matches with a residency in a medical specialty described in section 7692 of title 38, United States Code, as enacted by subsection (a); and
“(2) such match is published.”
heading: Publicity
text: Pub. L. 115–182, title III, § 303(f), June 6, 2018, 132 Stat. 1467, provided that: “The Secretary of Veterans Affairs shall take such steps as the Secretary determines are appropriate to publicize the Specialty Education Loan Repayment Program established under subchapter VIII of chapter 76 of title 38, United States Code, as enacted by subsection (a).”
38 U.S.C. § 7692 (VETERANS’ BENEFITS)
§ 7692. Purpose
The purpose of the Specialty Education Loan Repayment Program is to assist, through the establishment of an incentive program for certain individuals employed in the Veterans Health Administration, in meeting the staffing needs of the Veterans Health Administration for physicians in medical specialties for which the Secretary determines recruitment or retention of qualified personnel is difficult.
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464.)
heading: Statutory Notes and Related Subsidiaries
heading: Needs of the VHA
text: Pub. L. 115–182, title III, § 303(c), June 6, 2018, 132 Stat. 1467, provided that: “In making determinations each year under section 7692 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall consider the anticipated needs of the Veterans Health Administration during the period 2 to 6 years in the future.”
38 U.S.C. § 7693 (VETERANS’ BENEFITS)
§ 7693. Eligibility; preferences; covered costs
(a) Eligibility.—
An individual is eligible to participate in the Specialty Education Loan Repayment Program if the individual—
(1) will be eligible for appointment under section 7401 of this title to work in an occupation described in section 7692 of this title;
(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); and
(3) is—
(A) recently graduated from an accredited medical or osteopathic school and matched to an accredited residency program in a medical specialty described in section 7692 of this title; or
(B) a physician in training in a medical specialty described in section 7692 of this title with more than 2 years remaining in such training.
(b) Preferences.—
In selecting individuals for participation in the Specialty Education Loan Repayment Program under this subchapter, the Secretary may give preference to the following:
(1) Individuals who are, or will be, participating in residency programs in health care facilities—
(A) located in rural areas;
(B) operated by Indian tribes, tribal organizations, or the Indian Health Service; or
(C) affiliated with underserved health care facilities of the Department.
(2) Veterans.
(c) 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, equipment, and laboratory expenses; and
(3) reasonable living expenses.
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1464; amended Pub. L. 115–251, title II, § 211(a)(12), Sept. 29, 2018, 132 Stat. 3176.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (a)(1). Pub. L. 115–251 substituted “will be eligible for appointment” for “is hired”.
heading: Statutory Notes and Related Subsidiaries
heading: Preference
text: Pub. L. 115–182, title III, § 303(d), June 6, 2018, 132 Stat. 1467, as amended by Pub. L. 115–251, title II, § 211(b)(6)(A), Sept. 29, 2018, 132 Stat. 3176, provided that: “In granting preference under section 7693 of title 38, United States Code, as enacted by subsection (a), the Secretary of Veterans Affairs shall determine whether a facility of the Department of Veterans Affairs is underserved based on the criteria developed under section 401 of this Act [38 U.S.C. 8110 note].”
38 U.S.C. § 7696 (VETERANS’ BENEFITS)
§ 7696. Term of obligated service
(a) In General.—
In addition to any requirements under section 5379(c) of title 5, a participant in the Specialty Education Loan Repayment Program must agree, in writing and before the Secretary may make any payment to or for the participant, to—
(1) obtain a license to practice medicine in a State;
(2) successfully complete post-graduate training leading to eligibility for board certification in a specialty;
(3) serve as a full-time clinical practice employee of the Veterans Health Administration for 12 months for every $40,000 in such benefits that the employee receives, but in no case for fewer than 24 months; and
(4) except as provided in subsection (b), to begin such service as a full-time practice employee by not later than 60 days after completing a residency.
(b) Fellowship.—
In the case of a participant who receives an accredited fellowship in a medical specialty other than a medical specialty described in section 7692 of this title, the Secretary, on written request of the participant, may delay the term of obligated service under subsection (a) for the participant until after the participant completes the fellowship, but in no case later than 60 days after completion of such fellowship.
(c) Penalty.—
(1) An employee who does not complete a period of obligated service under this section shall owe the Federal Government an amount determined in accordance with the following formula: A = B × ((T − S) ÷ T).
(2) In the formula in paragraph (1):
(A) “A” is the amount the employee owes the Federal Government.
(B) “B” is the sum of all payments to or for the participant under the Specialty Education Loan Repayment Program.
(C) “T” is the number of months in the period of obligated service of the employee.
(D) “S” is the number of whole months of such period of obligated service served by the employee.
(Added Pub. L. 115–182, title III, § 303(a), June 6, 2018, 132 Stat. 1465; amended Pub. L. 116–61, § 6(8), Sept. 30, 2019, 133 Stat. 1117.)
heading: Editorial Notes
heading: Amendments
text: 2019—Subsec. (c)(1). Pub. L. 116–61 struck out second closing parenthesis before period at end.
38 U.S.C. § 7698 (VETERANS’ BENEFITS)
§ 7698. Requirement for program
As part of the Educational Assistance Program, the Secretary shall carry out a scholarship program under this subchapter. The program shall be known as the Department of Veterans Affairs Readjustment Counseling Service Scholarship Program (in this subchapter referred to as the “Program”).
(Added Pub. L. 116–171, title V, § 502(a), Oct. 17, 2020, 134 Stat. 815.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 116–171, title V, § 502(c), Oct. 17, 2020, 134 Stat. 818, provided that: “The Secretary of Veterans Affairs shall begin awarding scholarships under subchapter IX of chapter 76 of title 38, United States Code, as added by subsection (a), for programs of study beginning not later than one year after the date of the enactment of this Act [Oct. 17, 2020].”
38 U.S.C. § 7699 (VETERANS’ BENEFITS)
§ 7699. Eligibility; agreement
(a) In General.—
An individual is eligible to participate in the Program, as determined by the Readjustment Counseling Service of the Department, if the individual—
(1) is accepted for enrollment or enrolled (as described in section 7602 of this title) in a program of study at an accredited educational institution, school, or training program leading to a terminal degree in psychology, social work, marriage and family therapy, or mental health counseling that would meet the education requirements for appointment to a position under section 7402(b) of this title; and
(2) enters into an agreement with the Secretary under subsection (c).
(b) Priority.—
In selecting individuals to participate in the Program, the Secretary shall give priority to the following individuals:
(1) An individual who agrees to be employed by a Vet Center located in a community that is—
(A) designated as a medically underserved population under section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); and
(B) in a State with a per capita population of veterans of more than five percent according to the National Center for Veterans Analysis and Statistics and the Bureau of the Census.
(2) An individual who is a veteran.
(c) Agreement.—
An agreement between the Secretary and a participant in the Program shall (in addition to the requirements set forth in section 7604 of this title) include the following:
(1) An agreement by the Secretary to provide the participant with a scholarship under the Program for a specified number of school years during which the participant pursues a program of study described in subsection (a)(1) that meets the requirements set forth in section 7602(a) of this title.
(2) An agreement by the participant to serve as a full-time employee of the Department at a Vet Center for a six-year period following the completion by the participant of such program of study (in this subchapter referred to as the “period of obligated service”).
(d) Vet Center Defined.—
In this section, the term “Vet Center” has the meaning given that term in section 1712A(h) of this title.
(Added Pub. L. 116–171, title V, § 502(a), Oct. 17, 2020, 134 Stat. 815.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Secretary of Veterans Affairs to begin awarding scholarships under this subchapter for programs of study beginning no later than one year after Oct. 17, 2020, see section 502(c) of Pub. L. 116–171, set out as a note under section 7698 of this title.
38 U.S.C. § 7699A (VETERANS’ BENEFITS)
§ 7699A. Obligated service
(a) In General.—
Each participant in the Program shall provide service as a full-time employee of the Department at a Vet Center (as defined in section 7699(d) of this title) for the period of obligated service set forth in the agreement of the participant entered into under section 7604 of this title.
(b) Determination of Service Commencement Date.—
(1) Not later than 60 days before the service commencement date of a participant, the Secretary shall notify the participant of that service commencement date.
(2) The date specified in paragraph (1) with respect to a participant is the date for the beginning of the period of obligated service of the participant.
(Added Pub. L. 116–171, title V, § 502(a), Oct. 17, 2020, 134 Stat. 816.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Secretary of Veterans Affairs to begin awarding scholarships under this subchapter for programs of study beginning no later than one year after Oct. 17, 2020, see section 502(c) of Pub. L. 116–171, set out as a note under section 7698 of this title.
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: Editorial Notes
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. § 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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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).