Proposed Rule2021-23822
Readjustment Counseling Service Scholarship Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 5, 2021
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) proposes to amend its regulations by adding new regulations that would govern scholarship programs to certain health care professionals. This rulemaking implements the mandates of the Commander John Scott Hannon Veterans Mental Health Care Improvement Act of 2019 by establishing the Readjustment Counseling Service Scholarship Program (RCSSP). The RCSSP provides educational assistance to individuals who pursue a graduate degree in psychology, social work, marriage and family therapy, or mental health counseling that meet the education requirements for appointment as a health care professional in one of those fields in VA Vet Centers.
Full Text
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<title>Federal Register, Volume 86 Issue 212 (Friday, November 5, 2021)</title>
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[Federal Register Volume 86, Number 212 (Friday, November 5, 2021)]
[Proposed Rules]
[Pages 61094-61100]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23822]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AR31
Readjustment Counseling Service Scholarship Program
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations by adding new regulations that would govern scholarship
programs to certain health care professionals. This rulemaking
implements the mandates of the Commander John Scott Hannon Veterans
Mental Health Care Improvement Act of 2019 by establishing the
Readjustment Counseling Service Scholarship Program (RCSSP). The RCSSP
provides educational assistance to individuals who pursue a graduate
degree in psychology, social work, marriage and family therapy, or
mental health counseling that meet the education requirements for
appointment as a health care professional in one of those fields in VA
Vet Centers.
DATES: Comments must be received on or before January 4, 2022.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a>.
Comments should indicate that they are submitted in response to ``RIN
2900-AR31- Readjustment Counseling Service Scholarship Program.''
Comments received will be available at <a href="http://regulations.gov">regulations.gov</a> for public
viewing, inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Charles Flora, Social Science
Specialist, Readjustment Counseling Services, 810 Vermont Ave. NW,
Washington, DC 20420, (202) 461-6525. (This is not a toll-free
telephone number.)
SUPPLEMENTARY INFORMATION: On October 17, 2020, Sec. 502 of Public Law
116-171, the Commander John Scott Hannon Veterans Mental Health Care
Improvement Act of 2019, amended 38 United States Code (U.S.C.) by
establishing new Sec. Sec. 7698 through 7699B and creating a new
scholarship program known as the Readjustment Counseling Service
Scholarship Program (RCSSP). The RCSSP would serve as an incentive to
individuals who are pursuing a graduate degree in psychology, social
work, marriage and family therapy, or mental health counseling to fill
existing and future vacancies in Vet Centers.
Section 1712A(h)(1) of Title 38, U.S. Code defines a Vet Center as
a facility which is operated by the Department for the provision of
services under this section and which is situated apart from Department
general health care facilities. The purpose of the Vet Center is to
assist veterans in adjusting to civilian life or to provide
readjustment to servicemembers for continued military service following
participation in or support of operations in a combat theater or area
of hostility; to assist family members of servicemembers when coping
with such member's deployment; and to assist family members of veterans
and servicemembers in aiding a veteran's or member's readjustment to
civilian or continued military service following their participation in
or support of operations in a combat theater or area of hostility,
specifically as it relates to the veteran's or member's military
experience.
The RCSSP would assist VA in filling vacancies in Vet Centers that
are located in areas that are designated as medically underserved
populations and in States with a per capita population of more than
five percent veterans according to the National Center for Veterans
Analysis and Statistics and the Bureau of the Census (42 U.S.C.
254b(b)(3)). This proposed rule would establish the requirements for
the RCSSP in proposed 38 CFR 17.545 through 17.553.
Section 17.545 Purpose
Proposed Sec. 17.545 would state the purpose of Sec. Sec. 17.545
through 17.553, which is to establish the RCSSP as part of VA's
Educational Assistance Program. We would also state that for purposes
of the RCSSP, the term Vet Center has the meaning given in 38 U.S.C.
1712A(h). This section would be aligned with 38 U.S.C. 7698.
Section 17.547 Eligibility
Proposed Sec. 17.547 would establish the eligibility criteria for
participants of the RCSSP. These eligibility criteria are aligned with
Sec. 7699(a). We would state that an individual is eligible to
participate in the RCSSP if that individual meets both of the following
eligibility criteria: (1) The individual must be accepted for
enrollment or be currently enrolled on a full-time basis 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 in one of
those fields under 38 U.S.C. 7402(b) (Sec. 7402(b) of Title 38 U.S.
Code provides the qualification requirements of appointees as VA health
[[Page 61095]]
care professionals); and (2) the individual must enter into an
agreement with the Secretary under proposed Sec. 17.551, which is
described below.
Section 17.548 Scholarship Availability and Application Procedures
The Commander John Scott Hannon Veterans Mental Health Care
Improvement Act of 2019 was silent on the availability of and
application procedures for the RCSSP. We would, therefore, mirror the
language of similar scholarship programs in proposed Sec. 17.548
regarding the availability of and application procedures.
Proposed paragraph (a) would describe the availability for RCSSP
scholarships. We would state that VA will make awards under the RCSSP
only when VA determines it is necessary to assist in alleviating
shortages or anticipated shortages of psychologists, social workers,
marriage and family therapists, or mental health counseling
professionals in Vet Centers. Additionally, we would state that VA's
determination of the number of RCSSP scholarships to be awarded in a
fiscal year is subject to the availability of appropriations. This
language mirrors that in Sec. 17.628.
Proposed paragraph (b) would state that each individual who seeks a
RCSSP scholarship must submit an accurate and complete application,
including a signed acceptance agreement. This language mirrors that in
Sec. 17.629.
We would state in proposed paragraph (c) that VA will notify
applicants prior to acceptance in the RCSSP of the following
information: A fair summary of the rights and liabilities of an
individual whose application is approved by VA and whose acceptance
agreement is consummated by VA; and full description of the terms and
conditions that apply to participation in the RCSSP and service in VA.
This language also mirrors Sec. 17.629.
Section 17.549 Award Procedures
We would establish the award procedures for participants of the
RCSSP in proposed Sec. 17.549, which will include priority for
selection, placement considerations, and amount of funding. Proposed
paragraph (a) would be in alignment with 38 U.S.C. 7699(b) by
establishing the two priorities for the selection of individuals to
participate in the RCSSP. We would state in proposed paragraph (a)(1)
that VA would give priority to an individual who agrees to be employed
at Vet Centers that are located in communities that are designated as
medically underserved populations under Sec. 330(b)(3) of the Public
Health Service Act (42 U.S.C. 254b(b)(3)) and Vet Centers that are
located in States with a per capita population of more than five
percent veterans according to the National Center for Veterans Analysis
and Statistics and the Bureau of the Census. We would state in proposed
paragraph (a)(2) that priority would also be given to veterans. In
proposed paragraph (b) we would add placement criteria that VA will
consider when determining at which Vet Center the scholarship recipient
will work to carry out their service obligation. This placement
criteria would include the priority criteria in proposed paragraph (a)
of this section. There would also be an additional criterion to ensure
that standards for supervision required for professional licensure are
met. VA would consider the size and professional makeup of the current
Vet Center staff to ensure that the Vet Center staff has health care
professionals that are licensed to supervise participants of the RCSSP
from the same health care profession as required by VA professional
qualification standards for licensure for each of the four
aforementioned professions. The additional placement criterion would
ensure that the participants are placed in Vet Centers where they would
have direct supervision by health care providers within their same
profession as required by the VA professional qualification standards.
Proposed paragraph (c) would be in alignment with 38 U.S.C.
7699(c)(1) by establishing the funds covered under the RCSSP. We would
state that the funds would cover the costs of an individual obtaining a
terminal doctorate degree (as defined in the qualification standards)
in psychology; and a terminal master level degree in social work,
marriage and family therapy, or professional mental health counseling.
We would also state that VA would pay a participant of the RCSSP for a
maximum of two years. We note that RCSSP payments are paid
prospectively and does not cover the past costs of the participant's
education and expenses accrued pre-award. Therefore, if a scholarship
recipient applies and is selected to the RCSSP in the middle of their
degree program, VA would only pay for the tuition payments still
outstanding. VA would not reimburse the scholarship recipient for
tuition payments already paid. Furthermore, if the scholarship
recipient completes the degree early or is receiving a partial
scholarship from a different source, VA would only pay for the actual
expenses owed by the recipient. We would also state that if a
participant completes their terminal degree in less than two years, the
period of obligated service remains unchanged.
In proposed paragraph (c)(1), VA would state that social work,
marriage and family therapy, and professional mental health counseling
are master level programs that require an approximate two-year period
for achieving the terminal degree. VA would fund RCSSP social work,
marriage and family therapy, and professional mental health counseling
participants for a maximum of two years.
In proposed paragraph (c)(2), we would state that psychology is a
doctoral level program requiring approximately five years for
completion of the terminal academic degree. However, to equalize the
award and obligated service requirements across all four professions,
VA would also state that, although psychology is a doctoral level
program requiring approximately five years for completion for the
terminal academic degree, VA funding for RCSSP psychology participants
would only be for the last two years of their academic training for the
terminal doctorate degree.
We note that psychology graduates are also required to participate
in a one-year residency at either an American Psychology Association
(APA) or Canadian Psychological Association (CPA) accredited program
prior to qualifying for full time VA employment. The internship is
under separate funding authority and VA would, therefore, not provide
funding for the one-year internship. Additionally, in order to obtain
an APA or CPA accredited internship, an individual must participate in
the Association of Psychology Postdoctoral and Internship Centers
(APPIC) process where they can match with an internship program . An
individual who participates in the APPIC process is not guaranteed to
match with an APA or CPA accredited internship. Should a scholarship
participant not receive a match with an APA or CPA accredited
internship, they would be considered in breach of their agreement
because they would not be eligible to work at VA and would be unable to
fulfil their period of obligated service at a Vet Center.
Proposed paragraph (d) would state what would constitute a payment
for the RCSSP. We would state that participants would be exempt from
Federal taxation. We would also state that payment would consist of the
actual cost of tuition and required fees; other educational expenses,
including books and laboratory equipment; and a
[[Page 61096]]
monthly stipend, for the duration of the scholarship award. We would
specify that the Secretary may determine the amount of the stipend paid
to participants, but that amount may not exceed the maximum amount
provided for in 38 U.S.C. 7613(b). This proposed paragraph is in
alignment with similar scholarship programs. See Sec. 17.606(a).
Section 17.551 Agreement and Obligated Service
Section 7699(c) of 38 U.S.C. establishes the agreement criteria for
participants of the RCSSP. We would state these criteria in proposed
Sec. 17.551(a) as follows: (1) Proposed paragraph (a)(1) would state
that the participant of the RCSSP must agree to maintain enrollment,
attendance, and acceptable level of academic standing as defined by the
school. (2) Proposed paragraph (a)(2) would state that the participant
must obtain a terminal degree in psychology, social work, marriage and
family therapy, or professional mental health counseling. For
psychology, a terminal degree means a doctorate degree and for social
work, marriage and family therapy, and professional mental health
counseling a terminal degree means a masters level degree. (3) Proposed
paragraph (a)(3) would state that the participant must be employed as a
full-time VA employee at a Vet Center for a period of six-years as a
psychologist, social worker, marriage and family therapist, or
professional mental health counselor following the completion of such
program of study. (4) Lastly, proposed paragraph (a)(4) would state
psychologists must complete a one-year internship at either an APA or
CPA accredited program. We would add that obtaining an APA or CPA
accredited internship requires that an individual participate in the
APPIC process. If a scholarship participant does not participate in an
APA or CPA accredited internship, they are in breach of their
agreement. We note that participation in an APA or CPA accredited
internship is a requirement for VA employment. Section 7699A of 38
U.S.C. establishes the period of obligated service for a participant of
the RCSSP. We would restate Sec. 7699A(b)(1) in proposed Sec.
17.551(b)(1) by stating that VA will notify the participant of the
commencement date of the period of obligated service no later than 60
days before such date.
Section 7699A(a) establishes the obligated service for the RCSSP.
However, the statute is silent as how soon after the participant
completes their terminal degree the period of obligated service should
commence. We would, therefore, state in proposed Sec. 17.551(b)(2)(i)
that the participant's period of obligated service will begin on the
date the participant begins full-time permanent employment at a Vet
Center as a psychologist, social worker, marriage and family therapist,
or professional mental health counselor, but no later than 180 days
after the date that the participant completes a terminal degree in one
of the identified disciplines.
We would also state that all RCSSP psychology participants would
assume their period of obligated service within 180 days following
completion of their one-year APA or CPA internship, which requires
completion of all academic requirements to obtain a terminal doctorate
degree. This includes completion of all academic requirements and the
dissertation required for graduation with a terminal doctorate degree.
A participant's failure to meet these requirements, would be considered
a breach of their acceptance agreement. VA has used similar language in
other VA scholarship programs. See Sec. 17.607(b)(1).
We would also describe in proposed Sec. 17.551(b)(2)(i)(ii) the
period of clinical supervision by a licensed health care professional
of the same discipline. This period of clinical supervision is aligned
with State licensure requirements for each of the health care
professions covered under the RCSSP and a requirement for maintaining
VA employment. We would state in proposed Sec. 17.551(b)(2)(ii) that,
upon receipt of the terminal degree, participants will enter VA
employment at the entry level until full licensure at the independent
practice level has been attained. We would add that independent
practice licensure is a requirement for all scholarship participants.
Also, non-licensed psychologists, social workers, marriage and family
therapists, and professional mental health counselors are required to
serve under the supervision of a licensed health care professional of
their profession and must be independently licensed by a State within
the time frame specified in VA qualification standards.
VA understands that obtaining a terminal degree and the required
license for each health care profession can be challenging. As such, VA
will actively monitor all RCSSP participants to make certain that the
participant abides by the requirements of the acceptance agreement. We
would state in proposed Sec. 17.551(b)(2)(iii) that VA will actively
assist and monitor participants to ensure State licenses are obtained
in a minimal amount of time following graduation and required
supervision. We would add that if a participant fails to obtain their
terminal degree or fails to obtain licensure in a State at the
independent practice level no later than 180 days after the required
period of supervision for their profession, the participant is
considered to be in breach of the acceptance agreement. This language
is similar to that of other VA scholarship programs. See Sec.
17.607(b)(1).
In alignment with similar scholarship programs, we would state that
VA reserves the right to make final decisions on the location and
position of the obligated service. See 38 CFR 17.607(d). VA believes
that is necessary to reserve the right to make final decisions on the
location to achieve the intent of the Commander John Scott Hannon
Veterans Mental Health Care Improvement Act of 2019. VA must be able to
have control over where it places the individuals to ensure VA
beneficiaries' health care needs are met in locations that are within a
reasonable proximity to the beneficiaries' residence. We would also
state that a participant who receives an RCSSP must be willing to
relocate to another geographic location to carry out their service
obligation in accordance with the participant's mobility agreement.
Because participants must be supervised by a licensed health care
profession, we would add that there is a VA requirement for
participants to receive supervision from a licensed staff within their
respective professions.
Section 17.553 Failure To Comply With Terms and Conditions of Agreement
Section 7699B provides for the repayment of RCSS funds should the
participant be in breach of their agreement. Proposed Sec. 17.553
would mirror Sec. 7699B(a) with minor changes. Proposed Sec.
17.553(a) would state the liquidated damages payable to the United
States. We would state that except as provided in Sec. 17.553(b), a
participant of the RCSSP who fails to accept payment, or instructs the
educational institution in which the participant is enrolled not to
accept payment, in whole or in part, of a scholarship under the
agreement entered into under Sec. 17.551 will be liable to the United
States for liquidated damages in the amount of $1,500. Section
7669B(a)(2) states that liability under paragraph (1) is in addition to
any period of obligated service or other obligation or liability under
such agreement. However, in alignment with other scholarship programs,
VA does not seek/impose liquidation damages in addition to any other
service obligation
[[Page 61097]]
or financial liability. We do not think it prudent to add an additional
financial burden to a participant for failure to accept RCSSP funds. We
would, therefore, not include this provision as part of the liquidated
damages provision in Sec. 17.553(a).
Proposed Sec. 17.553(b) provides for the liability payable to the
United States if the participant breaches their agreement during the
period of program study and would mirror Sec. 7699B(b) with minor
stylistic changes. We would state that except as provided in Sec.
17.553(d), a participant of the RCSSP will be liable to the United
States for the amount that has been paid to or on behalf of the
participant under the agreement if the participant fails to maintain an
acceptable level of academic standing in the educational institution in
which the participant is enrolled, as determined by the educational
institution; the participant is dismissed from the educational
institution for disciplinary reasons; or the participant voluntarily
terminates the program of study in the educational institution before
the completion of the program of study for which the RCSSP was awarded.
We would add that liability under Sec. 17.553(b) is in lieu of any
service obligation arising under the agreement.
Proposed Sec. 17.553(c) provides for the liability payable to the
United States if the participant breaches their agreement during the
period of obligated service and would mirror Sec. 7699B(c) with minor
stylistic changes. We would state that except as provided in Sec.
17.553(d), if a participant of the RCSSP does not complete their period
of obligated service, the United States will be entitled to recover
from the participant an amount determined in accordance with the
following formula: A = 3[Phi](t- s/t), where `A' is the amount the
United States is entitled to recover; `[Phi]' is the sum of: The
amounts paid under this subchapter to or on behalf of the participant;
and the interest on such amounts, which would be payable if, at the
time the amounts were paid, they were loans bearing interest at the
maximum legal prevailing rate, as determined by the Treasurer of the
United States; `t' is the total number of months in the period of
obligated service of the participant; and `s' is the number of months
of such period served by the participant.
Proposed Sec. 17.553(d) provides for the limitation on liability
payable to the United States due to reductions in force and would
mirror Sec. 7699B(d) with minor stylistic changes. We would state that
liability will not arise under Sec. 17.553(c) if the participant fails
to maintain employment as a VA employee due to a staffing adjustment.
Proposed Sec. 17.553(e) provides for the repayment period on
damages owed to the United States and would mirror Sec. 7699B(e) with
minor stylistic changes. We would state that the participant will pay
the amount of damages that the United States is entitled to recover
under Sec. 17.553 in full to the United States no later than one year
after the date of the breach of the agreement.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity).
Executive Order 13563 (Improving Regulation and Regulatory Review)
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility. The
Office of Information and Regulatory Affairs has determined that this
proposed rule is not a significant regulatory action under Executive
Order 12866. The Regulatory Impact Analysis associated with this
rulemaking can be found as a supporting document at
www.<a href="http://regulations.gov">regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). The RCSSP will solely be operated and administered
within VA. Therefore, pursuant to 5 U.S.C. 605(b), the initial and
final regulatory flexibility analysis requirements of 5 U.S.C. 603 and
604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Paperwork Reduction Act
This proposed rule includes provisions constituting a new
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that require approval by the Office of Management and
Budget (OMB). Accordingly, under 44 U.S.C. 3507(d), VA has submitted a
copy of this rulemaking action to OMB for review.
OMB assigns control numbers to collections of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. Proposed Sec. Sec. 17.548 and
17.551 contain a new collection of information. If OMB does not approve
the collection of information as requested, VA will immediately remove
the provisions containing a collection of information or take such
other action as is directed by OMB.
Comments on the new collection of information contained in this
rulemaking should be submitted through www.<a href="http://regulations.gov">regulations.gov</a>. Comments
should indicate that they are submitted in response to ``RIN 2900-AR31-
Readjustment Counseling Service Scholarship Program'' and should be
sent within 60 days of publication of this rulemaking. The collection
of information associated with this rulemaking can be viewed at:
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
OMB is required to make a decision concerning the collection of
information contained in this rulemaking 60 days after publication of
this rulemaking in the Federal Register (FR). Therefore, a comment to
OMB is best assured of having its full effect if OMB receives it within
30 days of publication. This does not affect the deadline for the
public to comment on the provisions of this rulemaking.
The Department considers comments by the public on new collections
of information in:
<bullet> Evaluating whether the new collections of information are
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
<bullet> Evaluating the accuracy of the Department's estimate of
the burden of the new collections of information, including the
validity of the methodology and assumptions used;
<bullet> Enhancing the quality, usefulness, and clarity of the
information to be collected; and
<bullet> Minimizing the burden of the collections of information on
those who are to respond, including through the
[[Page 61098]]
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
The collection of information contained in 38 CFR 17.548 and 17.551
is described immediately following this paragraph, under its respective
title.
Title: Readjustment Counseling Service Scholarship Program (RCSSP).
OMB Control No: 2900-xxxx (New/TBD).
CFR Provision: 38 CFR 17.548 and 17.551.
<bullet> Summary of collection of information: The RCSSP would
provide educational assistance to individuals who pursue a graduate
degree in psychology, social work, marriage and family therapy, or
mental health counseling that would meet the education requirements for
appointment as a health care professional in VA Vet Centers.
<bullet> Description of need for information and proposed use of
information: This information would be collected for applicants who
wish to participate in the RCSSP. The information would also be
collected for those individuals who are selected to participate in the
RCSSP and who must sign an agreement between VA and the eligible
individual. This agreement would hold the eligible individual
accountable for upholding the terms and conditions of the agreement and
alert the eligible individual of the consequences of a breach in the
agreement.
<bullet> Description of likely respondents: Eligible individuals
who apply for the RCSSP and those individuals who are ultimately
accepted for participation in the RCSSP.
<bullet> Estimated number of respondents: 50 Applicants, 5 Selected
Participants from the 50 Applicants.
<bullet> Estimated frequency of responses: Applicants and Selected
Participants: 1 time.
<bullet> Estimated average burden per response:
Applicants: 3 hours.
Selected Participants: 1.6 hours.
<bullet> Estimated total annual reporting and recordkeeping burden:
158 hours.
Applicants: 150 hours.
Selected Participants: 8 hours.
<bullet> Estimated cost to respondents per year: VA estimates the
annual cost to all respondents will be $4,277 per year (158 burden
hours x $27.07 per hour). VA used the Bureau of Labor Statistics (BLS)
median hourly wage for hourly wage for ``all occupations'' of $27.07
per hour. This information is available at <a href="https://www.bls.gov/oes/current/oes_nat.htm#13-0000">https://www.bls.gov/oes/current/oes_nat.htm#13-0000</a>.
Catalog of Federal Domestic Assistance
There are no Catalog of Federal Domestic Assistance numbers and
titles for this proposed rule.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Health care, Health
facilities, Health professions, Scholarships and fellowships.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on October 26, 2021, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 17 as set forth below:
PART 17--MEDICAL
0
1. The general authority citation for part 17 continues and an entry
for Sec. Sec. 17.545 through 17.553 is added in numerical order, to
read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
* * * * *
Sections 17.545 through 17.553 are also issued under 38 U.S.C.
7698, 7699, 7699A, and 7699B.
* * * * *
0
2. Add an undesignated center heading and Sec. Sec. 17.545 through
17.553 immediately following Sec. 17.539 to read as follows:
Sec.
* * * * *
Readjustment Counseling Service Scholarship Program
17.545 Purpose.
17.547 Eligibility.
17.548 Application procedures.
17.549 Award procedures.
17.551 Agreement and obligated service.
17.553 Failure to comply with terms and conditions of agreement.
Sec. 17.545 Purpose.
The purpose of Sec. Sec. 17.545 through 17.553 is to establish the
Readjustment Counseling Service Scholarship Program (RCSSP) as part of
VA's Educational Assistance Program. For purposes of the RCSSP, the
term Vet Center has the meaning given that term in 38 U.S.C. 1712A(h).
Sec. 17.547 Eligibility.
An individual is eligible to participate in the RCSSP if the
individual meets the following requirements.
(a) Is accepted for enrollment or be currently enrolled on a full-
time basis in a program of study at an accredited educational
institution, school, or training program leading to a terminal
doctorate degree in psychology, or a terminal masters degree in social
work, marriage and family therapy, or mental health counseling that
would meet the education requirements for appointment to a position in
one of those fields under 38 U.S.C. 7402(b); and
(b) Enters into an agreement with the Secretary under Sec. 17.551.
Sec. 17.548 Application procedures.
(a) Availability. VA will make awards under the RCSSP only when VA
determines it is necessary to assist in alleviating shortages of
psychologists, social workers, marriage and family therapists, or
mental health counseling professionals in Vet Centers. VA's
determination of the number of RCSSP scholarships to be awarded in a
fiscal year is subject to the availability of appropriations.
(b) Application-general. Each individual desiring a RCSSP
scholarship must submit an accurate and complete application, including
a signed written acceptance agreement.
(c) VA's duties. VA will notify applicants prior to acceptance in
the RCSSP of the following information:
(1) A fair summary of the rights and liabilities of an individual
whose application is approved by VA and whose acceptance agreement is
consummated by VA; and
(2) Full description of the terms and conditions that apply to
participation in the RCSSP and service in VA.
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-
XXXX.)
Sec. 17.549 Award Procedures.
(a) Priority. In selecting individuals to participate in the RCSSP
VA will give priority to the following individuals:
(1) An individual who agrees to be employed by Vet Centers located
in communities that are:
(i) Designated as a medically underserved population under Sec.
330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); and
(ii) In States with a per capita population of more than five
percent veterans according to the National Center for Veterans Analysis
and Statistics and the Bureau of the Census.
(2) A veteran.
[[Page 61099]]
(b) Placement criteria. When determining which Vet Center a
scholarship recipient will be placed to carry out their service
obligation, VA will consider the priority criteria in paragraph (a) of
this section and the size and professional makeup of the current Vet
Center staff to ensure that the Vet Center staff has health care
professionals that are licensed to supervise participants of the RCSSP
from the same health care profession as required by VA professional
qualification standards for licensure for each of the four professions.
(c) Amount of funds. VA will provide a scholarship to individuals
who participate in the RCSSP to cover the actual costs of such
individuals obtaining a terminal degree in psychology, social work,
marriage and family therapy, or professional mental health counseling
for a maximum of two years. If a participant completes their terminal
degree in less than two years, the period of obligated service remains
unchanged.
(1) Social work, marriage and family therapy, and professional
mental health counseling are master level programs that require
approximately a two-year period for achieving the terminal degree. VA
will fund RCSSP social work, marriage and family therapy, and
professional mental health counseling participants for a maximum of two
years.
(2) Psychology is a doctoral level program requiring approximately
five years for completion of the terminal academic degree. In addition,
psychology graduates are required to undergo a one-year residency at
either an American Psychology Association (APA) or Canadian
Psychological Association (CPA) accredited internship program prior to
qualifying for full time VA employment. VA will fund psychology
participants for the last two years of their five- year academic
training to obtain a terminal doctorate degree. VA will not provide
funding for the one-year APA or CPA internship under the RCSSP.
(d) All such payments to scholarship participants are exempt from
Federal taxation. The payments will consist of the actual cost of:
(1) Tuition and required fees;
(2) Other educational expenses, including books and laboratory
equipment; and
(3) A monthly stipend, for the duration of the scholarship award.
The Secretary may determine the amount of the stipend paid to
participants, but that amount may not exceed the maximum amount
provided for in 38 U.S.C. 7613(b).
Sec. 17.551 Agreement and obligated service.
(a) Agreement. Each participant who accepts funds from the RCSSP
will enter into an agreement with VA where the participant agrees to
the following:
(1) Maintain enrollment, attendance, and an acceptable level of
academic standing as defined by the school;
(2) Obtain a terminal degree in psychology, social work, marriage
and family therapy, or professional mental health counseling; and
(3) Be employed as a full-time VA employee at a Vet Center for a
period of six-years as a psychologist, social worker, marriage and
family therapist, or professional mental health counselor following the
completion of such program of study.
(4) Psychologists must complete a one-year internship at either an
American Psychological Association (APA) or Canadian Psychological
Association (CPA) accredited program. Obtaining an APA or CPA
accredited internship requires that an individual participate in the
Association of Psychology Postdoctoral and Internship Centers (APPIC)
process. If a scholarship participant does not participate in an APA or
CPA accredited internship, they are in breach of their agreement.
(b) Obligated service. (1) Determination of service commencement
date. VA will notify the participant of the commencement date of the
period of obligated service no later than 60 days before such date.
(2) Commencement date of obligated service. (i) General. A
participant's period of obligated service will begin on the date the
participant begins full-time permanent employment at a Vet Center as a
psychologist, social worker, marriage and family therapist, or
professional mental health counselor, but no later than 180 days after
the date that the participant completes a terminal degree in one of the
identified disciplines. Psychology participants will commence their
period of obligated service no later than 180 days after completion of
their one-year APA or CPA internship, which requires completion of all
academic requirements to obtain a terminal doctorate degree.
(ii) Independent practice. Upon receipt of the terminal degree
participants will enter VA employment at the entry level until full
licensure at the independent practice level has been attained.
Independent practice licensure is a requirement for all scholarship
participants. Non-licensed psychologists, social workers, marriage and
family therapists, and professional mental health counselors are
required to serve under the supervision of a licensed health care
professional of their profession and must be independently licensed by
a State within the time frame specified in VA qualification standards.
(iii) VA monitoring of participants. VA will actively assist and
monitor participants to ensure State licenses are obtained in a minimal
amount of time following graduation and the required period of
supervision for their profession. If a participant fails to obtain
their terminal degree or fails to obtain licensure in a State at the
independent practice level no later than 180 days after the required
period of supervision for their profession, the participant is
considered to be in breach of the acceptance agreement.
(3) Location and position of obligated service. VA reserves the
right to make final decisions on the location and position of the
obligated service. A participant who receives an RCSSP must be willing
to relocate to another geographic location to carry out their service
obligation in accordance with the participant's agreement. The
requirement for participants to receive supervision from a licensed
staff within their respective professions, as a condition for their own
licensure, is a critical point for the consideration of the potential
location of the obligated service.
(The Office of Management and Budget has approved the information
collection requirements in this section under control number XXXX-
XXXX.)
Sec. 17.553 Failure to comply with terms and conditions of
agreement.
(a) Liquidated damages. Except as provided in paragraph (b) of this
section, a participant of the RCSSP who fails to accept payment, or
instructs the educational institution in which the participant is
enrolled not to accept payment, in whole or in part, of a scholarship
under the agreement entered into under Sec. 17.551 will be liable to
the United States for liquidated damages in the amount of $1,500.
(b) Liability during program of study. Except as provided in
paragraph (d) of this section, a participant of the RCSSP will be
liable to the United States for the amount that has been paid to or on
behalf of the participant under the agreement if any of the following
occurs: Liability under paragraph (b) of this section is in lieu of any
service obligation arising under the agreement.
(1) The participant fails to maintain an acceptable level of
academic standing in the educational institution in which the
participant is enrolled, as
[[Page 61100]]
determined by the educational institution;
(2) The participant is dismissed from the educational institution
for disciplinary reasons; or
(3) The participant voluntarily terminates the program of study in
the educational institution before the completion of the program of
study for which the RCSSP was awarded.
(c) Liability during period of obligated service. Except as
provided in paragraph (d) of this section, if a participant of the
RCSSP does not complete their period of obligated service, the United
States will be entitled to recover from the participant an amount
determined in accordance with the following formula: A = 3[Phi](t-s/t),
where:
(1) `A' is the amount the United States is entitled to recover;
(2) `[Phi]' is the sum of (i) the amounts paid under this
subchapter to or on behalf of the participant, and (ii) the interest on
such amounts, which would be payable if at the time the amounts were
paid they were loans bearing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the United States.
(3) `t' is the total number of months in the period of obligated
service of the participant; and
(4) `s' is the number of months of such period served by the
participant.
(d) Limitation on liability for reductions-in-force. Liability will
not arise under Section 17.553(c) if the participant fails to maintain
employment as a VA employee due to a staffing adjustment.
(e) Repayment period. The participant will pay the amount of
damages that the United States is entitled to recover under Sec.
17.553 in full to the United States no later than one year after the
date of the breach of the agreement.
[FR Doc. 2021-23822 Filed 11-4-21; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on November 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.