38 U.S.C. § 7654 — Obligated service

Page 1277 TITLE 38—VETERANS’ BENEFITS § 7655 1991—Pub. L. 102–40 renumbered section 4336 of this title as this section. SUBCHAPTER V—STIPEND PROGRAM FOR MEMBERS OF THE SELECTED RESERVE § 7651. Authority for program (a) As part of the Educational Assistance Pro- gram, the Secretary of Veterans Affairs may se- lect 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 stu- dent at a qualifying educational institution in a course of education or training that is approved by the Secretary and that leads toward comple- tion of a degree in a health profession involving direct patient care or care incident to direct pa- tient 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.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4351 of this title as this section. § 7652. Eligibility: individuals entitled to benefits under the GI Bill program for members of the Selected Reserve The Secretary of Veterans Affairs may not ap- prove an application under section 7603 of this title of an individual applying to receive assist- ance 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.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4352 of this title as this section and substituted ‘‘7603’’ for ‘‘4303’’ in introductory provisions. § 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 sec- tion 7631 of this title) for each month of the per- son’s enrollment in a program of education or training covered by the agreement of the person entered into under section 7603 of this title. Pay- ment of such benefits for any period shall be co- ordinated 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.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4353 of this title as this section and substituted ‘‘7631’’ for ‘‘4331’’ and ‘‘7603’’ for ‘‘4303’’. § 7654. Obligated service A person receiving assistance under this sub- chapter 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 agree- ment 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.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–40 renumbered section 4354 of this title as this section and substituted ‘‘7603’’ for ‘‘4303’’. § 7655. Breach of agreement; liability (a)(1) Subject to paragraph (2), an individual who is receiving or has received a reserve mem- ber 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 de- termined in accordance with section 7617(c)(1) of this title. (2) An individual who, as a result of per- forming 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 Sec- retary may, by regulation, waive the require- ment for the performance of the service for which the individual is obligated under section 7654 of this title in any case in which the Sec- retary 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 begin- ning 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.) Editorial Notes AMENDMENTS 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.