[Federal Register Volume 78, Number 161 (Tuesday, August 20, 2013)]
[Rules and Regulations]
[Pages 51067-51073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-20255]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AO34
VA Health Professional Scholarship and Visual Impairment and
Orientation and Mobility Professional Scholarship Programs
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) is amending its VA
Health Professional Scholarship Program (HPSP) regulations. VA is also
establishing regulations for a new program, the Visual Impairment and
Orientation and Mobility Professional Scholarship Program (VIOMPSP).
These regulations comply with and implement sections 302 and 603 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (the 2010
Act). Section 302 of the 2010 Act established the VIOMPSP, which
authorizes VA to provide financial assistance to certain students
seeking a degree in visual impairment or orientation or mobility, in
order to increase the supply of qualified blind rehabilitation
specialists for VA and the United States. Section 603 of the 2010 Act
reauthorized and modified HPSP, a program that provides scholarships
for education or training in certain health care occupations.
DATES: Effective Date: This final rule is effective September 19, 2013.
FOR FURTHER INFORMATION CONTACT: Nicole Nedd, Healthcare Talent
Management Office, Department of Veterans Affairs, 1250 Poydras Street,
Suite 1000, New Orleans, LA 70113; (504) 565-4900. (This is not a toll-
free number.)
SUPPLEMENTARY INFORMATION: Pursuant to 38 U.S.C. 7601 through 7619,
7633, 7634, and 7636, VA has promulgated regulations implementing the
VA Health Professional Scholarship Program (HPSP), codified at 38 CFR
17.600 through 17.612. This rulemaking is amending the HPSP regulations
in response to section 603 of the 2010 Act, Public Law 111-163, which
amended the statutory authority for this program, particularly the
eligibility requirements for the program and VA's obligations regarding
employment of the program participants.
This rulemaking is also establishing new regulations to implement
section 302 of the 2010 Act. Section 302 of the 2010 Act established
chapter 75 of 38 U.S.C., which requires VA to create a scholarship
program similar to the HPSP called the Visual Impairment and
Orientation and Mobility Professional Scholarship Program (VIOMPSP).
The purpose of the new program ``is to increase the supply of qualified
blind rehabilitation specialists for [VA] and the Nation.'' 38 U.S.C.
7501(b). The statutory authority is substantively similar (and in many
ways identical) to the existing authority governing the HPSP. To the
maximum extent possible, we are utilizing, and amending as necessary,
the existing HPSP regulations to govern the commonalities between both
programs, and then adding additional regulations necessary to implement
the new VIOMPSP. This will eliminate redundancies between the two
programs, facilitate the administration of the program by VA, and make
it easier for the public to understand the details of both programs.
The HPSP is governed by current Sec. Sec. 17.600 through 17.612, and
the VIOMPSP is established as new Sec. Sec. 17.625 through 17.636.
In a document published in the Federal Register on December 26,
2012 (77 FR 75918), VA proposed to amend part 17 of 38 CFR by amending
the regulations that govern the HPSP and establishing regulations for
the VIOMPSP. We provided a 60-day comment period, which ended on
February 25, 2013. We received one comment from an official from the
National Federation of the Blind.
The commenter was concerned that the rulemaking did not provide
``clear provisions regarding the eligibility of blind or low vision
applicants to VIOMPSP.'' The commenter noted that the rulemaking was
explicit regarding the availability of the program ``to institutions
with high numbers of Hispanic students and to historically
[[Page 51068]]
black colleges and universities, but there is no emphasis on
encouraging blind people to apply for the program.'' We included this
reference to particular targeted audiences in Sec. 17.625 because
paragraph (c) of 38 U.S.C. 7501 mandates the Secretary to ``publicize
the scholarship program to educational institutions throughout the
United States, with an emphasis on disseminating information to such
institutions with high numbers of Hispanic students and to Historically
Black Colleges and Universities.'' Congress did not issue this mandate
to prohibit VA from encouraging or accepting blind applicants to the
VIOMPSP, and VA does not interpret, and will not apply, this regulatory
emphasis in a way that will discriminate against blind applicants.
Moreover, under 38 CFR part 15, VA is prohibited from ``discrimination
on the basis of handicap in programs or activities conducted by
Executive agencies'' under section 119 of the Rehabilitation,
Comprehensive Services, and Developmental Disabilities Amendments of
1978, which amended section 504 of the Rehabilitation Act of 1973. The
VIOMPSP is a program offered by VA and subject to this prohibition
against discrimination. As such, VA may not discriminate against blind
individuals or individuals with other types of disabilities who wish to
participate in the VIOMPSP. Although the commenter raised this issue
only in regard to the VIOMPSP, we note that this prohibition against
discrimination applies equally to the HPSP.
The commenter also stated that, in Sec. 17.629, VA is obligated to
provide applicants with the terms and conditions for participating in
the VIOMPSP, but that these terms and conditions ``are not posted
anywhere on the VA Web site, so there is no way to verify that sight is
part of these terms and conditions.'' The commenter recommended that VA
state in Sec. 17.630(b) ``that blindness will not be a factor when
accepting applicants.''
VA may not publish on its Web site the terms and conditions of the
VIOMPSP until the regulations that govern this program are published as
final in the Federal Register. In general, however, the terms and
conditions for participating in the VIOMPSP are stated in proposed
Sec. Sec. 17.625 through 17.636. An amendment to Sec. 17.630(b) is
not needed to clarify our acceptance criteria as it applies to blind
applicants because, as previously stated, VA may not discriminate
against individuals with any type of disability. VA does not make any
changes based on any of the commenter's concerns.
Based on the rationale set forth in the Supplementary Information
to the proposed rule and in this final rule, VA is adopting the
proposed rule as a final rule without any change.
Effect of Rulemaking
Title 38 of the Code of Federal Regulations, as revised by this
final rulemaking, represents VA's implementation of its legal authority
on this subject. Other than future amendments to this regulation or
governing statutes, no contrary guidance or procedures are authorized.
All existing or subsequent VA guidance must be read to conform with
this rulemaking if possible or, if not possible, such guidance is
superseded by this rulemaking.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (at 44 U.S.C. 3507) requires
that VA consider the impact of paperwork and other information
collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an
agency may not collect or sponsor the collection of information, nor
may it impose an information collection requirement unless it displays
a currently valid Office of Management and Budget (OMB) control number.
See also 5 CFR 1320.8(b)(3)(vi).
This final rule will impose the following new information
collection requirements. The VA Health Professional Scholarship Program
contained a collection control number 2900-0352, which expired on April
30, 1997. We have established a new collection control number for the
revised VA Health Professional Scholarship Program and for the new
Visual Impairment and Orientation and Mobility Professional Scholarship
Program. Sections 17.604 and 17.629 contain collections of information
under the Paperwork Reduction Act of 1995 for which we requested
approval by OMB. As required by the Paperwork Reduction Act of 1995 (at
44 U.S.C. 3507(d)), VA submitted these information collections to OMB
for its review. OMB approved these new information collection
requirements associated with the final rule and assigned OMB control
number 2900-0793.
Under Sec. Sec. 17.612 and 17.636, a participant of the VA Health
Professional Scholarship Program or Visual Impairment and Orientation
and Mobility Professional Scholarship Program may seek a waiver or
suspension of obligated service or payment under either program by
submitting a written request to VA. The requirement for such a written
request, however, does not constitute a collection of information under
the Paperwork Reduction Act of 1995 requiring OMB approval because the
anticipated number of respondents within a 12-month period is less than
ten. See 5 CFR 1320.3(c).
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will 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. This final rule will directly affect only individuals and will not
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b),
this rulemaking is exempt from the initial and final regulatory
flexibility analysis requirements of sections 603 and 604.
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.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by OMB unless
OMB waives such review, as ``any regulatory action that is likely to
result in a rule that may: (1) Have an annual effect on the economy of
$100 million or more or adversely affect in a material way the economy,
a sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined not to be a significant
[[Page 51069]]
regulatory action under Executive Order.
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 given year. This final rule will have no such effect
on State, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance Numbers
There are no Catalog of Federal Domestic Assistance numbers and
titles for this rule.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document 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. Jose D.
Riojas, Chief of Staff, Department of Veterans Affairs, approved this
document on August 6, 2013, for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Foreign relations,
Government contracts, Grant programs--health, Grant programs--veterans,
Health care, Health facilities, Health professions, Health records,
Homeless, Medical and dental schools, Medical devices, Medical
research, Mental health programs, Nursing homes, Philippines, Reporting
and recordkeeping requirements, Scholarships and fellowships, Travel
and transportation expenses, Veterans.
Dated: August 15, 2013.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, the Department of
Veterans Affairs amends 38 CFR part 17 as follows:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
0
2. Revise the authority citation preceding Sec. 17.600 to read as
follows:
Authority: 38 U.S.C. 7601-7619, 7633, 7634, and 7636.
0
3. Revise Sec. 17.600 to read as follows:
Sec. 17.600 Purpose.
The purpose of Sec. Sec. 17.600 through 17.612 is to establish the
requirements for the award of scholarships under the VA Health
Professional Scholarship Program (HPSP) to students pursuing a course
of study leading to a degree in certain health care occupations, listed
in 38 U.S.C. 7401(1) and (3), to assist in providing an adequate supply
of such personnel for VA. The HPSP allows VA to provide scholarship
awards to facilitate recruitment and retention of employees in several
hard-to-fill health care occupations.
(Authority: 38 U.S.C. 7601(b))
0
4. Revise Sec. 17.601 to read as follows:
Sec. 17.601 Definitions.
The following definitions apply to Sec. Sec. 17.600 through
17.636:
Acceptable level of academic standing means the level at which a
participant may continue to attend school under the standards and
practices of the school at which a participant is enrolled in a course
of study for which an HPSP or VIOMPSP scholarship was awarded.
Acceptance agreement means a signed legal document between VA and a
participant of the HPSP or VIOMPSP that specifies the obligations of VA
and the participant upon acceptance to the HPSP or VIOMPSP. An
acceptance agreement must incorporate by reference, and cannot be
inconsistent with, Sec. Sec. 17.600 through 17.612 (for HPSP
agreements) or Sec. Sec. 17.626 through 17.636 (for VIOMPSP
agreements), and must include:
(1) A mobility agreement.
(2) Agreement to accept payment of the scholarship.
(3) Agreement to perform obligated service.
(4) Agreement to maintain enrollment and attendance in the course
of study for which the scholarship was awarded, and to maintain an
acceptable level of academic standing.
Affiliation agreement means a legal document that enables the
clinical education of trainees at a VA or non-VA medical facility. An
affiliation agreement is required for all education or training that
involves direct patient contact, or contact with patient information,
by trainees from a non-VA institution.
Citizen of the United States means any person born, or lawfully
naturalized, in the United States, subject to its jurisdiction and
protection, and owing allegiance thereto.
Credential means the licensure, registration, certification,
required education, relevant training and experience, and current
competence necessary to meet VA's qualification standards for
employment in certain health care occupations.
Degree represents the successful completion of the course of study
for which a scholarship was awarded.
(1) HPSP. For the purposes of the HPSP, VA recognizes the following
degrees: a doctor of medicine; doctor of osteopathy; doctor of
dentistry; doctor of optometry; doctor of podiatry; or an associate,
baccalaureate, master's, or doctorate degree in another health care
discipline needed by VA.
(2) VIOMPSP. For the purposes of the VIOMPSP, VA recognizes a
bachelor's, master's, education specialist or doctorate that meets the
core curriculum and supervised practice requirements in visual
impairment and blindness.
Full-time student means an individual who meets the requirements
for full time attendance as defined by the school in which they are
enrolled.
HPSP means the VA Health Professional Scholarship Program
authorized by 38 U.S.C. 7601 through 7619.
Mobility agreement means a signed legal document between VA and a
participant of the HPSP or VIOMPSP, in which the participant agrees to
accept assignment at a VA facility selected by VA where he or she will
fulfill the obligated service requirement. A mobility agreement must be
included in the participant's acceptance agreement. Relocation to
another geographic location may be required.
Obligated service means the period of time during which the HPSP or
VIOMPSP participant must be employed by VA in a full-time clinical
occupation for which the degree prepared the participant as a
requirement of the acceptance agreement.
Part-time student--(1) HPSP. For the purposes of the HPSP, part-
time student means an individual who is a VA employee, and who has been
accepted for enrollment or enrolled for study leading to a degree on a
less than full-time basis but no less than half-time basis.
(2) VIOMPSP. For the purposes of the VIOMPSP, part-time student
means an individual who has been accepted for enrollment or enrolled
for study leading to a degree on a less than full-time basis but no
less than half-time basis.
Participant or scholarship program participant means an individual
whose application to the HPSP or VIOMPSP
[[Page 51070]]
has been approved, whose acceptance agreement has been consummated by
VA, and who has yet to complete the period of obligated service or
otherwise satisfy the obligation or financial liabilities of such
agreement.
Required fees means those fees which are charged by the school to
all students pursuing a similar curriculum in the same school.
Scholarship Program means the VA Health Professional Scholarship
Program (HPSP) authorized by 38 U.S.C. 7601 through 7619.
School means an academic institution that is accredited by a body
or bodies recognized for accreditation by the U.S. Department of
Education or by the Council for Higher Education Accreditation (CHEA),
and that meets the following requirements:
(1) For the purposes of the HPSP, offers a course of study leading
to a degree in a health care service discipline needed by VA.
(2) For the purposes of the VIOMPSP, offers a course of study
leading to a degree in visual impairment or orientation and mobility.
School year means for purposes of the HPSP and its stipend payment,
and the VIOMPSP, all or part of the 12-month period that starts on the
date the participant begins school as a full-time student.
Secretary means the Secretary of Veterans Affairs or designee.
State means one of the several States, Territories and possessions
of the United States, the District of Columbia and the Commonwealth of
Puerto Rico.
Under Secretary for Health means the Under Secretary for Health of
the Department of Veterans Affairs or designee.
VA means the Department of Veterans Affairs.
VA employee means an individual permanently employed by VA. A VA
employee does not include an individual who is employed temporarily or
on a contractual basis.
VA health care facility means a VA medical center, independent
outpatient clinic, domiciliary, nursing home (community living center),
residential treatment program, and any of a variety of community based
clinics (including community based outpatient clinics, rural health
resource centers, primary care telehealth clinics, and Vet Centers),
consolidated mail outpatient pharmacies, and research centers.
VIOMPSP means the Visual Impairment and Orientation and Mobility
Professional Scholarship Program authorized by 38 U.S.C. 7501 through
7505.
(Authority: 38 U.S.C. 301, 7501(a)(1), 7504, 7602(a), 7604(1)(B),
7633)
0
5. Amend Sec. 17.602 by:
0
a. Revising paragraph (a)(1).
0
b. Adding paragraph (a)(6).
0
c. Revising the authority citation following paragraph (a).
The revisions and addition read as follows:
Sec. 17.602 Eligibility for the HPSP.
(a) * * *
(1) Be unconditionally accepted for enrollment or be enrolled as a
full-time student in an accredited school located in a State;
* * * * *
(6) Clinical tours. An applicant for a scholarship under the HPSP
must agree to perform clinical tours while enrolled in the course of
education or training for which the scholarship is provided. VA will
determine the assignments and locations of the clinical tour.
(Authority: 38 U.S.C. 7618(b))
* * * * *
0
6. Revise Sec. 17.603 to read as follows:
Sec. 17.603 Availability of HPSP scholarships.
(a) General. A HPSP scholarship will be awarded only when necessary
to assist VA in alleviating shortages or anticipated shortages of
personnel in the health professions stated in paragraph (b) of this
section. VA will determine the existence of shortage of personnel in
accordance with specific criteria for each health care profession. VA
has the authority to establish the number of scholarships to be awarded
in a fiscal year, and the number that will be awarded to full-time and
part-time students.
(b) Qualifying fields of education. VA will grant HPSP scholarships
in a course of study in those disciplines or programs where recruitment
is necessary for the improvement of health care of veterans. Those
disciplines or programs are listed in 38 U.S.C. 7401(1) and (3).
(Authority: 38 U.S.C. 7401(1), (3), 7612(b)(2), 7612(b)(4), and
7603(b)(1))
0
7. Revise Sec. 17.604 to read as follows:
Sec. 17.604 Application for the HPSP.
An applicant for the HPSP must submit an accurate and complete
application, including a signed written acceptance agreement.
(Authority: 38 U.S.C. 7612(c)(1)(B))
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-
0793.)
0
8. Amend Sec. 17.605 by:
0
a. Revising paragraph (a) introductory text.
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f),
respectively.
0
c. Adding a new paragraph (d).
The revisions and addition read as follows:
Sec. 17.605 Selection of HPSP participants.
(a) General. In deciding which HPSP application to approve, VA will
first consider applications submitted by applicants entering their
final year of education or training and applicants who previously
received HPSP scholarships and who meet the conditions of paragraph (f)
of this section. Except for paragraph (f) of this section, applicants
will be evaluated and selected using the criteria specified in
paragraph (b) of this section. If there are a larger number of equally
qualified applicants than there are awards to be made, then VA will
first select veterans, and then use a random method as the basis for
further selection. In selecting participants to receive awards as part-
time students, VA may, at VA's discretion--
* * * * *
(d) Notification of approval. VA will notify the individual in
writing that his or her application has been accepted and approved. An
individual becomes a participant in the program upon receipt of such
approval by VA.
* * * * *
0
9. Amend Sec. 17.607 by:
0
a. Revising paragraph (b)(1).
0
b. Revising the authority citation at the end of paragraph (b).
0
c. Revising paragraphs (c) and (d).
The revisions read as follows:
Sec. 17.607 Obligated service.
* * * * *
(b) Beginning of service--(1)(i) Date of employment. Except as
provided in paragraph (b)(2) of this section, a participant's obligated
service will begin on the date VA appoints the participant as a full-
time VA employee in a clinical occupation for which the degree prepared
the participant. VA will appoint the participant to such position as
soon as possible, but no later than 90 days after the date that the
participant receives his or her degree, or the date the participant
becomes licensed in a State or becomes certified, whichever is later.
VA will actively assist and monitor participants to ensure State
licenses or certificates are obtained in a minimal amount of time
following graduation. If a participant fails to obtain his or her
degree, or fails to become licensed in a State or become certified no
later than 180 days after receiving the degree, the participant is
[[Page 51071]]
considered to be in breach of the acceptance agreement.
(ii) Notification. VA will notify the participant of the work
assignment and its location no later than 60 days before the date on
which the participant must begin work.
(iii) VA mentor. VA will ensure that the participant is assigned a
mentor who is employed at the same facility where the participant
performs his or her obligated service at the commencement of such
service.
* * * * *
(Authority: 38 U.S.C. 7616(b), 7616(c), 7618(a))
(c) Duration of service--(1) Full-time student. A participant who
attended school as a full-time student will agree to serve as a full-
time clinical employee in the Veterans Health Administration for 1
calendar year for each school year or part thereof for which a
scholarship was awarded, but for no less than 2 years.
(2) Part-time student. Obligated service to VA for a participant
who attended school as a part-time student must be satisfied by full-
time clinical employment. The period of obligated service will be
reduced from that which a full-time student must serve under paragraph
(c)(1) of this section in accordance with the proportion that the
number of credit hours carried by the part-time student in any school
year bears to the number of credit hours required to be carried by a
full-time student who is pursuing the same degree; however, the period
of obligated service will not be for less than 1 year.
(Authority: 38 U.S.C. 7612(c)(1)(B), 7612(c)(3)(A), 7618(c))
(d) Location for service. VA reserves the right to make final
decisions on the location for service obligation. A participant who
receives a scholarship as a full-time student must be willing to
relocate to another geographic location to carry out his or her service
obligation according to the participant's mobility agreement. A
participant who received a scholarship as a part-time student may be
allowed to serve the period of obligated service at the health care
facility where the individual was assigned when the scholarship was
authorized, if there is a vacant position which will satisfy the
individual's mobility agreement at that facility.
(Authority: 38 U.S.C. 7616(a))
* * * * *
0
10. Revise Sec. 17.611 to read as follows:
Sec. 17.611 Bankruptcy.
Any payment obligation incurred may not be discharged in bankruptcy
under title 11 U.S.C. until 5 years after the date on which the payment
obligation is due. This section applies to participants in the HPSP and
the VIOMPSP.
(Authority: 38 U.S.C. 7505(d), 7634(c))
0
11. Amend Sec. 17.612 by:
0
a. Revising paragraph (a).
0
b. Revising paragraph (b)(1).
0
c. Removing the authority citation at the end of paragraph (c).
0
d. Adding new paragraphs (e) and (f).
0
e. Revising the authority citation at the end of the section.
The revisions and additions read as follows:
Sec. 17.612 Cancellation, waiver, or suspension of obligation.
(a) General. (1) This section applies to participants in the HPSP
or the VIOMPSP.
(2) Any obligation of a participant for service or payment will be
cancelled upon the death of the participant.
(b) Waivers or suspensions. (1) A participant may seek a waiver or
suspension of the obligated service or payment obligation incurred
under this program by submitting a written request to VA setting forth
the basis, circumstances, and causes which support the requested
action. Requests for waivers or suspensions must be submitted to VA no
later than 1 year after the date VA notifies the participant that he or
she is in breach of his or her acceptance agreement. A participant
seeking a waiver or suspension must comply with requests for additional
information from VA no later than 30 days after the date of any such
request.
(i) Waivers. A waiver is a permanent release by VA of the
obligation either to repay any scholarship funds that have already been
paid to or on behalf of the participant, or to fulfill any other
acceptance agreement requirement. If a waiver is granted, then the
waived amount of scholarship funds may be considered taxable income.
(ii) Suspensions. VA may approve an initial request for a
suspension for a period of up to 1 year. A suspension may be extended
for one additional year, after which time the participant will be in
breach of his or her acceptance agreement. If a suspension is approved:
(A) VA will temporarily discontinue providing any scholarship funds
to or on behalf of the participant while the participant's scholarship
is in a suspended status; or
(B) VA will temporarily delay the enforcement of acceptance
agreement requirements.
* * * * *
(e) Eligibility to reapply for award. Any previous participant of
any federally sponsored scholarship program who breached his or her
acceptance agreement or similar agreement in such scholarship program
is not eligible to apply for a HPSP or VIOMPSP. This includes
participants who previously applied for, and received, a waiver under
this section.
(f) Finality of decisions. Decisions to approve or disapprove
waiver requests are final and binding determinations. Such
determinations are not subject to reconsideration or appeal.
(Authority: 38 U.S.C. 7505(c), 7634(a), 7634(b))
0
12. Add an undesignated center heading and Sec. Sec. 17.625 through
17.636 to read as follows:
Visual Impairment and Orientation and Mobility Professional Scholarship
Program
Sec.
17.625 Purpose.
17.626 Definitions.
17.627 Eligibility for the VIOMPSP.
17.628 Availability of VIOMPSP scholarships.
17.629 Application for the VIOMPSP.
17.630 Selection of VIOMPSP participants.
17.631 Award procedures.
17.632 Obligated service.
17.633 Deferment of obligated service.
17.634 Failure to comply with terms and conditions of participation.
17.635 Bankruptcy.
17.636 Cancellation, waiver, or suspension of obligation.
Visual Impairment and Orientation and Mobility Professional Scholarship
Program
Sec. 17.625 Purpose.
The purpose of Sec. Sec. 17.625 through 17.636 is to establish the
requirements for the award of scholarships under the Visual Impairment
and Orientation and Mobility Professional Scholarship Program (VIOMPSP)
to students pursuing a program of study leading to a degree in visual
impairment or orientation and mobility. The scholarship is designed to
increase the supply of qualified Blind Rehabilitation Specialists and
Blind Rehabilitation Outpatient Specialists available to VA. The
scholarship will be publicized throughout educational institutions in
the United States, with an emphasis on disseminating information to
such institutions with high numbers of Hispanic students and to
historically black colleges and universities.
(Authority: 38 U.S.C. 7501)
Sec. 17.626 Definitions.
For the definitions that apply to Sec. Sec. 17.625 through 17.636,
see Sec. 17.601.
(Authority: 38 U.S.C. 501)
[[Page 51072]]
Sec. 17.627 Eligibility for the VIOMPSP.
(a) General. To be eligible for the VIOMPSP, an applicant must meet
the following requirements:
(1) Be unconditionally accepted for enrollment or currently
enrolled in a program of study leading to a degree in orientation and
mobility, low vision therapy, or vision rehabilitation therapy, or a
dual degree (a program in which an individual becomes certified in two
of the three professional certifications offered by the Academy for
Certification of Visual Rehabilitation and Education Professionals) at
an accredited educational institution that is in a State;
(2) Be a citizen of the United States; and
(3) Submit an application to participate in the VIOMPSP, as
described in Sec. 17.629.
(b) Obligated service to another entity. Any applicant who, at the
time of application, owes a service obligation to any other entity to
perform service after completion of the course of study is ineligible
to receive a VIOMPSP scholarship.
(Authority: 38 U.S.C. 7501(a), 7502(a), 7504(3))
Sec. 17.628 Availability of VIOMPSP scholarships.
VA will make awards under the VIOMPSP only when VA determines it is
necessary to assist in alleviating shortages or anticipated shortages
of personnel in visual impairment or orientation and mobility programs.
VA's determination of the number of VIOMPSP scholarships to be awarded
in a fiscal year, and the number that will be awarded to full-time and/
or part-time students, is subject to the availability of
appropriations.
(Authority: 38 U.S.C. 7501(a), 7503(c)(2))
Sec. 17.629 Application for the VIOMPSP.
(a) Application-general. Each individual desiring a VIOMPSP
scholarship must submit an accurate and complete application, including
a signed written acceptance agreement.
(b) VA's duties. VA will notify applicants prior to acceptance in
the VIOMPSP 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 VIOMPSP and service in VA.
(Authority: 38 U.S.C. 501(a), 7502(a)(2))
(The Office of Management and Budget has approved the information
collection requirements in this section under control number 2900-
0793.)
Sec. 17.630 Selection of VIOMPSP participants.
(a) General. In deciding which VIOMPSP applications to approve, VA
will first consider applications submitted by applicants entering their
final year of education or training. Applicants will be evaluated and
selected using the criteria specified in paragraph (b) of this section.
If there are a larger number of equally qualified applicants than there
are awards to be made, then VA will first select veterans, and then use
a random method as the basis for further selection.
(b) Selection criteria. In evaluating and selecting participants,
VA will take into consideration those factors determined necessary to
assure effective participation in the VIOMPSP. These factors will
include, but are not limited to, the following:
(1) Academic performance;
(2) Work/volunteer experience, including prior rehabilitation or
health care employment and VA employment;
(3) Faculty and employer recommendations; or
(4) Career goals.
(c) Notification of approval. VA will notify the individual in
writing that his or her application has been accepted and approved. An
individual becomes a participant in the program upon receipt of such
approval by VA.
(d) Duration of VIOMPSP award. VA will award a VIOMPSP scholarship
for a period of time equal to the number of years required to complete
a program of study leading to a degree in orientation and mobility, low
vision therapy, or vision rehabilitation therapy, or a dual degree. The
number of years covered by an individual scholarship award will be
based on the number of school years that the participant has yet to
complete his or her degree at the time the VIOMPSP scholarship is
awarded. Subject to the availability of funds, VA will award the
VIOMPSP as follows:
(1) Full-time scholarship. A full-time scholarship is awarded for a
minimum of 1 school year to a maximum of 4 school years;
(2) Part-time scholarships. A part-time scholarship is awarded for
a minimum of 1 school year to a maximum of 6 school years.
(Authority: 38 U.S.C. 7504(3))
Sec. 17.631 Award procedures.
(a) Amount of scholarship. (1) A VIOMPSP scholarship award will not
exceed the total tuition and required fees for the program of study in
which the applicant is enrolled. All such payments to scholarship
participants are exempt from Federal taxation.
(2) The total amount of assistance provided under the VIOMPSP for
an academic year to an individual who is a full-time student may not
exceed $15,000.00.
(3) The total amount of assistance provided under the VIOMPSP for
an academic year to a participant who is a part-time student shall bear
the same ratio to the amount that would be paid under paragraph (a)(2)
of this section if the participant were a full-time student as the
coursework carried by the participant to full-time coursework.
(4) The total amount of assistance provided to an individual may
not exceed $45,000.00.
(5) In the case of an individual enrolled in a program of study
leading to a dual degree described in Sec. 17.627(a)(1), such tuition
and fees will not exceed the amounts necessary for the minimum number
of credit hours to achieve such dual degree.
(6) Financial assistance may be provided to an individual under the
VIOMPSP to supplement other educational assistance to the extent that
the total amount of educational assistance received by the individual
during an academic year does not exceed the total tuition and fees for
such academic year.
(7) VA will make arrangements with the school in which the
participant is enrolled to issue direct payment for the amount of
tuition or fees on behalf of the participant.
(b) Repeated course work. Additional costs relating to the repeated
course work will not be paid under this program. VA will resume any
scholarship payments suspended under this section upon notification by
the school that the participant has returned from the leave-of-absence
or has satisfactorily completed the repeated course work and is
pursuing the course of study for which the VIOMPSP was awarded.
(Authority: 38 U.S.C. 7503, 7504(3))
Sec. 17.632 Obligated service.
(a) General provision. Except as provided in paragraph (d) of this
section, each participant is obligated to provide service as a full-
time clinical VA employee in the rehabilitation practice of the
participant's discipline in an assignment or location determined by VA.
(b) Beginning of service. A participant's obligated service will
begin on the date on which the participant obtains any required
applicable credentials and when appointed as a full-time clinical VA
employee in a position for which the degree prepared the participant.
VA will appoint the
[[Page 51073]]
participant to such position as soon as possible, but no later than 90
days after the date that the participant receives his or her degree, or
the date the participant obtains any required applicable credentials,
whichever is later. If a participant fails to obtain his or her degree,
or fails to obtain any required applicable credentials within 180 days
after receiving the degree, the participant is considered to be in
breach of the acceptance agreement.
(c) Duration of service. The participant will agree to serve as a
full-time clinical VA employee for 3 calendar years which must be
completed no later than 6 years after the participant has completed the
program for which the scholarship was awarded and received a degree
referenced in Sec. 17.627(a)(1).
(d) Location and assignment of obligated service. VA reserves the
right to make final decisions on the location and assignment of the
obligated service. A participant who receives a scholarship must agree
as part of the participant's mobility agreement that he or she is
willing to accept the location and assignment where VA assigns the
obligated service. Geographic relocation may be required.
(e) Creditability of advanced clinical training. No period of
advanced clinical training will be credited towards satisfying the
period of obligated service incurred under the VIOMPSP.
(Authority: 38 U.S.C. 7504(2)(D), 7504(3))
Sec. 17.633 Deferment of obligated service.
Deferment of obligated service under the VIOMPSP is treated in the
same manner as deferment of obligated service under the HPSP under
Sec. 17.608.
(Authority: 38 U.S.C. 7504(3))
Sec. 17.634 Failure to comply with terms and conditions of
participation.
(a) Participant refuses to accept payment of the VIOMPSP. If a
participant, other than one described in paragraph (b) of this section,
refuses to accept payment or instructs the school not to accept payment
of the VIOMPSP scholarship provided by VA, the participant must, in
addition to any obligation incurred under the agreement, pay to the
United States the amount of $1,500 in liquidated damages. Payment of
this amount must be made no later than 90 days from the date that the
participant fails to accept payment of the VIOMPSP or instructs the
school not to accept payment.
(b) Participant fails to complete course of study or does not
obtain certification. A participant described in paragraphs (b)(1)
through (4) of this section must, instead of otherwise fulfilling the
terms of his or her acceptance agreement, pay to the United States an
amount equal to all VIOMPSP funds awarded under the acceptance
agreement. Payment of this amount must be made no later than 1 year
after the date that the participant meets any of the criteria described
in paragraphs (b)(1) through (4) of this section, unless VA determines
that a longer period is necessary to avoid hardship. No interest will
be charged on any part of this indebtedness. A participant will pay
such amount if one of the following criteria is met:
(1) The participant fails to maintain an acceptable level of
academic standing;
(2) The participant is dismissed from the school for disciplinary
reasons;
(3) The participant, for any reason, voluntarily terminates the
course of study or program for which the scholarship was awarded
including a reduction of course load from full-time to part-time before
completing the course of study or program; or
(4) The participant fails to become certified in the discipline for
which the degree prepared the participant, if applicable, no later than
180 days after the date such person becomes eligible to apply for
certification.
(c) Participant fails to perform all or any part of their service
obligation. (1) Participants who breach their agreements by failing to
begin or complete their service obligation, for any reason, including
the loss, revocation, suspension, restriction, or limitation of
required certification, and other than provided for under paragraph (b)
of this section, must repay the portion of all VIOMPSP funds paid to or
on behalf of the participant, adjusted for the service that they
provided. To calculate the unearned portion of VIOMPSP funds, subtract
the number of months of obligated service rendered from the total
months of obligated service owed, divide the remaining months by the
total obligated service, then multiply by the total amount of VIOMPSP
funds paid to or on behalf of the participant. The following formula
may be used in determining the unearned portion:
A = P((t-s)/t) in which
``A'' is the amount the United States is entitled to recover;
``P'' is the amounts paid under the VIOMPSP, to or on behalf of the
participant;
``t'' is the total number of months in the participant's period of
obligated service; and
``s'' is the number of months of obligated service rendered.
(2) The amount that the United States is entitled to recover will
be paid no later than 1 year after the date the applicant failed to
begin or complete the period of obligated service, as determined by VA.
(Authority: 38 U.S.C. 7505(a), 7505(b))
Sec. 17.635 Bankruptcy.
Bankruptcy under the VIOMPSP is treated in the same manner as
bankruptcy for the HPSP under Sec. 17.611.
(Authority: 38 U.S.C. 7505(c), 7505(d))
Sec. 17.636 Cancellation, waiver, or suspension of obligation.
Cancellation, waiver, or suspension procedures under the VIOMPSP
are the same as those procedures for the HPSP under Sec. 17.612.
(Authority: 38 U.S.C. 7505(c))
[FR Doc. 2013-20255 Filed 8-19-13; 8:45 am]
BILLING CODE 8320-01-P