Pub. L. 101-366, tit. II, sec. 205

HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PRO-GRAMS.

EnactedYear: 1990Length: 888 wordsOfficial source
SEC. 205. HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE PRO-GRAMS. (a) Coordination With Department of Defense Programs.— (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 104 STAT. 440education 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) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: “SUBCHAPTER V— STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE “4351. Authority for program. 104 STAT. 441 “4352. Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve. “4353. Amount of assistance. “4354. Obligated service. “4355. Breach of agreement; liability.”. (b) Periodic Adjustments in Amount of Assistance.— Section 4331 of such title is amended— (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.”; (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.”. (c) Conforming Amendments.— (1) Section 4301(a) of such title is amended— (A) by striking out “and” at the end of paragraph (1); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and (C) by adding at the end the following: “(3) the Selected Reserve member stipend program provided for under subchapter V of this chapter.”. (2) Section 4302 of such title is amended by inserting “under subchapter I or II of this chapter” in subsections (a) and (b) after “Educational Assistance Program”. (3) Section 4304 of such title is amended by striking out “subchapter II or HI” in paragraphs (1)(A), (2)(D), and (5) and inserting in lieu thereof “subchapters II, III, or V”.