38 U.S.C. § 7631 — Periodic adjustments in amount of assist-

Page 1274 TITLE 38—VETERANS’ BENEFITS § 7625 one-year period beginning on the date of the breach of the agreement. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 527, § 4324; amended Pub. L. 100–687, div. B, title XV, § 1503(a)(4), Nov. 18, 1988, 102 Stat. 4134; renumbered § 7624, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4324 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’ in two places in intro- ductory provisions. 1988—Subsec. (a)(2). Pub. L. 100–687, § 1503(a)(4)(A), substituted ‘‘participation in the program’’ for ‘‘com- pletion of a course or courses in a previous semester or quarter’’, inserted ‘‘or is payable’’ after ‘‘has been paid’’, and inserted before period at end ‘‘, reduced by the proportion that the number of days served for com- pletion of the service obligation bears to the total num- ber of days in the participant’s period of obligated serv- ice’’. Subsec. (b). Pub. L. 100–687, § 1503(a)(4)(B), struck out par. (1) which related to formula to apply to recover amount from participant who breaches agreement by failing to complete period of obligated service, and struck out par. (2) designation before ‘‘Any amount’’. § 7625. Allocation and distribution of funding In determining the amount of funding to allo- cate to Department health-care facilities for any fiscal year in connection with the Tuition Reimbursement Program, the Secretary shall take into account (1) the personnel ceiling for that fiscal year for nursing personnel, and (2) the recruitment and retention needs of such fa- cilities, as determined by the Secretary. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 527, § 4325; renumbered § 7625, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4325 of this title as this section. Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Adminis- trator’’ in two places and substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. SUBCHAPTER IV—ADMINISTRATIVE MATTERS § 7631. Periodic adjustments in amount of assist- ance (a)(1) Whenever there is a general Federal pay increase, the Secretary shall increase the max- imum monthly stipend amount, the maximum tuition reimbursement amount, the maximum Selected Reserve member stipend amount, the maximum employee incentive scholarship amount, the maximum education debt reduction payments amount, and the maximum specialty education loan repayment amount. Any such in- crease 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 para- graph (1) of this subsection is the previous max- imum 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 sti- pend that may be paid to a participant in the Scholarship Program specified in section 7613(b) of this title and as previously adjusted (if at all) in accordance with this section. (2) The term ‘‘maximum tuition reimburse- ment amount’’ means the maximum amount of tuition reimbursement provided to a partic- ipant in the Tuition Reimbursement Program specified in section 7622(e) of this title and as previously adjusted (if at all) in accordance with this section. (3) The term ‘‘maximum Selected Reserve member stipend amount’’ means the max- imum amount of assistance provided to a per- son receiving assistance under subchapter V of this chapter, as specified in section 7653 of this title and as previously adjusted (if at all) in accordance with this section. (4) The term ‘‘maximum employee incentive scholarship amount’’ means the maximum amount of the scholarship payable to a partic- ipant in the Department of Veterans Affairs Employee Incentive Scholarship Program under subchapter VI of this chapter, as speci- fied in section 7673(b)(1) of this title and as previously adjusted (if at all) in accordance with this section. (5) The term ‘‘maximum education debt re- duction payments amount’’ means the max- imum amount of education debt reduction payments payable to a participant in the De- partment 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. (6) 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 53 of title 5. (7) The term ‘‘specialty education loan re- payment 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 sec- tion. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 528, § 4331; amended Pub. L. 101–366, title II, § 205(b), Aug. 15, 1990, 104 Stat. 441; renumbered § 7631 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(10), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 107–135, Page 1275 TITLE 38—VETERANS’ BENEFITS § 7632 title I, §§ 101(f), (g), 102(d)(1), Jan. 23, 2002, 115 Stat. 2448, 2449; Pub. L. 115–182, title III, § 303(b)(1)(D), June 6, 2018, 132 Stat. 1466.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–182, § 303(b)(1)(D)(i), struck out ‘‘and’’ after ‘‘scholarship amount,’’ and in- serted ‘‘, and the maximum specialty education loan repayment amount’’ after ‘‘reduction payments amount’’. Subsec. (b)(7). Pub. L. 115–182, § 303(b)(1)(D)(ii), added par. (7). 2002—Subsec. (a)(1). Pub. L. 107–135, §§ 101(f)(1), 102(d)(1)(A), substituted ‘‘the maximum Selected Re- serve member stipend amount, the maximum employee incentive scholarship amount, and the maximum edu- cation debt reduction payments amount’’ for ‘‘and the maximum Selected Reserve member stipend amount’’. Subsec. (b)(1) to (3). Pub. L. 107–135, § 101(g), sub- stituted ‘‘this section’’ for ‘‘this subsection’’ in pars. (1) to (3). Subsec. (b)(4). Pub. L. 107–135, § 101(f)(2)(B), added par. (4). Former par. (4) redesignated (6). Subsec. (b)(5). Pub. L. 107–135, § 102(d)(1)(B), added par. (5). Subsec. (b)(6). Pub. L. 107–135, § 101(f)(2)(A), redesig- nated par. (4) as (6). 1991—Pub. L. 102–40, § 402(b)(1), renumbered section 4331 of this title as this section. Subsec. (a)(1). Pub. L. 102–83 substituted ‘‘Secretary’’ for ‘‘Administrator’’. Subsec. (b)(1). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7613(b)’’ for ‘‘4313(b)’’. Subsec. (b)(2). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7622(e)’’ for ‘‘4322(e)’’. Subsec. (b)(3). Pub. L. 102–40, § 402(d)(1), substituted ‘‘7653’’ for ‘‘4353’’. 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’’. 1990—Subsec. (a)(1). Pub. L. 101–366, § 205(b)(1), sub- stituted ‘‘stipend amount,’’ for ‘‘stipend amount and’’ and ‘‘reimbursement amount, and the maximum Se- lected Reserve member stipend amount’’ for ‘‘reim- bursement amount’’. Subsec. (b)(3), (4). Pub. L. 101–366, § 205(b)(2), added par. (3) and redesignated former par. (3) as (4). Statutory Notes and Related Subsidiaries ADJUSTMENT OF MAXIMUM EDUCATION DEBT REDUCTION PAYMENTS AMOUNT Pub. L. 107–135, title I, § 102(d)(2), Jan. 23, 2002, 115 Stat. 2449, prohibited an increase of the maximum edu- cation debt reduction payments amount in calendar year 2002. TRANSITION Pub. L. 100–322, title II, § 216(d), May 20, 1988, 102 Stat. 530, provided that: ‘‘Section 4331 [now 7631] of title 38, United States Code, as added by subsection (b), shall not apply with respect to a school year ending during fiscal year 1988.’’ § 7632. Annual report Not later than March 1 of each year, the Sec- retary shall submit to Congress a report on the Educational Assistance Program. Each such re- port shall include the following information: (1) The number of students receiving edu- cational assistance under the Educational As- sistance Program, showing the numbers of stu- dents receiving assistance under the Scholar- ship Program, the Tuition Reimbursement Program, the Employee Incentive Scholarship Program, the Education Debt Reduction Pro- gram, the Specialty Education Loan Repay- ment Program, and the Readjustment Coun- seling Service Scholarship Program sepa- rately, and the number of students (if any) en- rolled in each type of health profession train- ing under each program. (2) The education institutions (if any) pro- viding such training to students in each pro- gram. (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 As- sistance Program (or predecessor program) has been in existence. (4) The average amounts of educational as- sistance provided per participant in the Schol- arship Program, per participant in the Tuition Reimbursement Program, per participant in the Employee Incentive Scholarship Program, per participant in the Education Debt Reduc- tion Program, per participant in the Specialty Education Loan Repayment Program, and per participant in the Readjustment Counseling Service Scholarship Program. (5) The amount of tuition and other expenses paid, by health profession category, in the ag- gregate 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 of- fered 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 exist- ence. (Added Pub. L. 100–322, title II, § 216(b), May 20, 1988, 102 Stat. 528, § 4332; renumbered § 7632, 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. 105–368, title VIII, § 805(5), Nov. 11, 1998, 112 Stat. 3359; Pub. L. 115–182, title III, § 303(b)(1)(E), June 6, 2018, 132 Stat. 1467; Pub. L. 116–171, title V, § 502(b)(1)(E), Oct. 17, 2020, 134 Stat. 818.) Editorial Notes AMENDMENTS 2020—Par. (1). Pub. L. 116–171, § 502(b)(1)(E)(i), sub- stituted ‘‘the Specialty Education Loan Repayment Program, and the Readjustment Counseling Service Scholarship Program’’ for ‘‘and the Specialty Edu- cation Loan Repayment Program’’. Par. (4). Pub. L. 116–171, § 502(b)(1)(E)(ii), substituted ‘‘per participant in the Specialty Education Loan Re- payment Program, and per participant in the Readjust- ment Counseling Service Scholarship Program’’ for ‘‘and per participant in the Specialty Education Loan Repayment Program’’. 2018—Par. (1). Pub. L. 115–182, § 303(b)(1)(E)(i), sub- stituted ‘‘the Education Debt Reduction Program, and the Specialty Education Loan Repayment Program’’ for ‘‘and the Education Debt Reduction Program’’. Par. (4). Pub. L. 115–182, § 303(b)(1)(E)(ii), substituted ‘‘per participant in the Education Debt Reduction Pro-