38 U.S.C. § 3485 : US Code - Section 3485: Work-study allowance

Search 38 U.S.C. § 3485 : US Code - Section 3485: Work-study allowance

(a)(1) Individuals utilized under the authority of subsection (b)
shall be paid an additional educational assistance allowance
(hereinafter in this section referred to as "work-study
allowance"). Such allowance shall be paid in return for an
individual's entering into an agreement described in paragraph (3).
(2) Such work-study allowance shall be paid in an amount equal to
the product of -
(A) the applicable hourly minimum wage; and
(B) the number of hours worked during the applicable period.
(3) An agreement described in this paragraph is an agreement of
an individual to perform services, during or between periods of
enrollment, aggregating not more than a number of hours equal to 25
times the number of weeks in the semester or other applicable
enrollment period, required in connection with a qualifying work-
study activity.
(4) For the purposes of this section, the term "qualifying work-
study activity" means any of the following:
(A) The outreach services program under subchapter II of
chapter 77 of this title as carried out under the supervision of
a Department employee or, during the period preceding December
27, 2006, outreach services to servicemembers and veterans
furnished by employees of a State approving agency.
(B) The preparation and processing of necessary papers and
other documents at educational institutions or regional offices
or facilities of the Department.
(C) The provision of hospital and domiciliary care and medical
treatment under chapter 17 of this title, including, during the
period preceding December 27, 2006, the provision of such care to
veterans in a State home for which payment is made under section
1741 of this title.
(D) Any other activity of the Department as the Secretary
determines appropriate.
(E) In the case of an individual who is receiving educational
assistance under chapter 1606 of title 10, an activity relating
to the administration of that chapter at Department of Defense,
Coast Guard, or National Guard facilities.
(F) During the period preceding December 27, 2006, an activity
relating to the administration of a national cemetery or a State
veterans' cemetery.
(5) An individual may elect, in a manner prescribed by the
Secretary, to be paid in advance an amount equal to 40 percent of
the total amount of the work-study allowance agreed to be paid
under the agreement in return for the individual's agreement to
perform the number of hours of work specified in the agreement (but
not more than an amount equal to 50 times the applicable hourly
minimum wage).
(6) For the purposes of this subsection and subsection (e), the
term "applicable hourly minimum wages" means -
(A) the hourly minimum wage under section 6(a) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206(a)); or
(B) the hourly minimum wage under comparable law of the State
in which the services are to be performed, if such wage is higher
than the wage referred to in subparagraph (A) and the Secretary
has made a determination to pay such higher wage.
(b) Notwithstanding any other provision of law, the Secretary
shall, subject to the provisions of subsection (e) of this section,
utilize, in connection with the activities specified in subsection
(a)(1) of this section, the service of individuals who are pursuing
programs of rehabilitation, education, or training under chapter
30, 31, 32, or 34 of this title or chapter 106 of title 10, at a
rate equal to at least three-quarters of that required of a full-
time student. In carrying out this section, the Secretary,
wherever feasible, shall give priority to veterans with
disabilities rated at 30 percent or more for purposes of chapter 11
of this title. In the event an individual ceases to be at least a
three-quarter-time student before completing such agreement, the
individual may, with the approval of the Secretary, be permitted to
complete such agreement.
(c) The Secretary shall determine the number of individuals whose
services the Department of Veterans Affairs can effectively utilize
and the types of services that such individuals may be required to
perform, on the basis of a survey, which the Secretary shall
conduct annually, of each Department of Veterans Affairs regional
office in order to determine the numbers of individuals whose
services can effectively be utilized during an enrollment period in
each geographical area where Department of Veterans Affairs
activities are conducted, and shall determine which individuals
shall be offered agreements under this section in accordance with
regulations which the Secretary shall prescribe, including as
criteria (1) the need of the individual to augment the veteran's
educational assistance or subsistence allowance; (2) the
availability to the individual of transportation to the place where
the individual's services are to be performed; (3) the motivation
of the individual; and (4) in the case of a disabled veteran
pursuing a course of vocational rehabilitation under chapter 31 of
this title, the compatibility of the work assignment to the
veteran's physical condition.
(d) While performing the services authorized by this section,
individuals shall be deemed employees of the United States for the
purposes of the benefits of chapter 81 of title 5 but not for the
purposes of laws administrated by the Office of Personnel
Management.
(e)(1) Subject to paragraph (2) of this subsection, the Secretary
may, notwithstanding any other provision of law, enter into an
agreement with an individual under this section, or a modification
of such an agreement, whereby the individual agrees to perform
services of the kind described in clauses (A) through (E) of
subsection (a)(1) of this section and agrees that the Secretary
shall, in lieu of paying the work-study allowance payable for such
services, as provided in subsection (a) of this section, deduct the
amount of the allowance from the amount which the individual has
been determined to be indebted to the United States by virtue of
such individual's participation in a benefits program under this
chapter, chapter 30, 31, 32, 35, or 36 of this title, or chapter
106 of title 10 (other than an indebtedness arising from a refund
penalty imposed under section 2135 (!1) of such title).
(2)(A) Subject to subparagraph (B) of this paragraph, the
provisions of this section (other than those provisions which are
determined by the Secretary to be inapplicable to an agreement
under this subsection) shall apply to any agreement authorized
under paragraph (1) of this subsection.
(B) For the purposes of this subsection, the Secretary may -
(i) waive, in whole or in part, the limitations in subsection
(a) of this section concerning the number of hours and periods
during which services can be performed by the individual and the
provisions of subsection (b) of this section requiring the
individual's pursuit of a program of rehabilitation, education,
or training;
(ii) in accordance with such terms and conditions as may be
specified in the agreement under this subsection, waive or defer
charging interest and administrative costs pursuant to section
5315 of this title on the indebtedness to be satisfied by
performance of the agreement; and
(iii) notwithstanding the indebtedness offset provisions of
section 5314 of this title, waive or defer until the termination
of an agreement under this subsection the deduction of all or any
portion of the amount of indebtedness covered by the agreement
from future payments to the individual as described in section
5314 of this title.
(3)(A) Subject to the provisions of subparagraphs (B) and (C) of
this paragraph, an agreement authorized under this subsection shall
terminate in accordance with the provisions of this section and the
terms and conditions of the agreement which are consistent with
this subsection.
(B) In no event shall an agreement under this subsection continue
in force after the total amount of the individual's indebtedness
described in paragraph (1) of this subsection has been recouped,
waived, or otherwise liquidated.
(C) Notwithstanding the provisions of subparagraphs (A) and (B)
of this paragraph, if the Secretary finds that an individual was
without fault and was allowed to perform services described in the
agreement after its termination, the Secretary shall, as reasonable
compensation therefor, pay the individual at the applicable hourly
minimum wage rate for such services as the Secretary determines
were satisfactorily performed.
(4) The Secretary shall promulgate regulations to carry out this
subsection.