Veterans Healing Veterans Medical Access and Scholarship Program, 22990-22994 [2019-10251]

Download as PDF 22990 Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Proposed Rules on Marine Band Radio VHF–FM channel 16 (156.8 MHz). (3) Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 8:30 p.m. to 11 p.m. on July 4, 2019. Dated: May 15, 2019. Joseph B. Loring, Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital Region. [FR Doc. 2019–10526 Filed 5–20–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AQ54 Veterans Healing Veterans Medical Access and Scholarship Program Department of Veterans Affairs. Proposed rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) proposes to amend its regulations that govern scholarships to certain health care providers. This rulemaking would implement the mandates of the VA MISSION Act of 2018 by establishing a pilot program to provide funding for the medical education of eligible veterans who are enrolled in covered medical schools. DATES: Comments must be received on or before July 22, 2019. ADDRESSES: Written comments may be submitted through www.Regulations .gov; by mail or hand-delivery to: Director, Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202) 273–9026. (This is not a toll-free telephone number.) Comments should indicate that they are submitted in response to ‘‘RIN 2900–AQ54— Veterans Healing Veterans Medical Access and Scholarship Program.’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1064, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll-free telephone number.) In addition, during the jbell on DSK3GLQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:36 May 20, 2019 Jkt 247001 comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at https://www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Marjorie A. Bowman, MD, Chief Academic Affiliations Officer, Office of Academic Affiliations (10X1), U.S. Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, Marjorie.Bowman@va.gov, (202) 461–9490. (This is not a toll-free number.) On June 6, 2018, section 304 of Public Law 115– 182, the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018, or the VA MISSION Act of 2018, established a pilot program that would provide funding for medical education to 18 eligible veterans who enroll in covered medical schools. This is known as the Veterans Healing Veterans Medical Access and Scholarship Program (VHVMASP). For the VHVMASP, the VA MISSION Act of 2018 sets forth the eligibility criteria; the amount and types of available funding; established terms of an agreement to be entered into by the participant; as well as, the consequences for a breach in such agreement. This proposed rule would establish the regulations needed to carry out the VHVMASP. Immediately following title 38 of the Code of Federal Regulations (CFR) 17.612, we would add a new undesignated center heading titled ‘‘Veterans Healing Veterans Medical Access and Scholarship Program’’ and add new §§ 17.613 through 17.618 as discussed in further detail below. SUPPLEMENTARY INFORMATION: Section 17.613 Purpose Proposed § 17.613 would establish the purpose for §§ 17.613 through 17.618. We would state that the purpose for §§ 17.613 through 17.618 is to establish the requirements for the Veterans Healing Veterans Medical Access and Scholarship Program (VHVMASP). The VHVMASP will provide funding for the medical education of two eligible veterans from each covered medical school. This would be consistent with this requirement in section 304 of the VA MISSION Act of 2018. Section 17.614 Definitions Proposed § 17.614 would establish the definitions for proposed §§ 17.613 through 17.618. We would define ‘‘acceptable level of academic standing’’ as maintaining a cumulative grade point average at or above passing, as PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 determined by the medical school; completing all required courses with a passing grade; successfully completing the required course of study for graduation within four academic years; successfully passing the required United States Medical Licensing Examinations steps 1 and 2, within the timeframe for graduation from medical school; and having no final determinations of unprofessional conduct or behavior. We would define ‘‘covered medical school’’ to mean any of the following nine schools: Texas A&M College of Medicine, Quillen College of Medicine at East Tennessee State University, Boonshoft School of Medicine at Wright State University, Joan C. Edwards School of Medicine at Marshall University, University of South Carolina School of Medicine, Charles R. Drew University of Medicine and Science, Howard University College of Medicine, Meharry Medical College, and Morehouse School of Medicine. Consistent with section 304 of the VA MISSION Act of 2018, these institutions would be the only qualifying medical schools that may submit participants for the VHVMASP. We would define ‘‘VA’’ to mean the Department of Veterans Affairs. We would also define ‘‘VHVMASP’’ to mean the Veterans Healing Veterans Medical Access and Scholarship Program authorized by section 304 of the VA MISSION Act of 2018. Section 17.615 Eligibility Proposed § 17.615 would restate the eligibility criteria of section 304 of the VA MISSION Act of 2018 that a veteran must meet in order to qualify for the VHVMASP. We would state that an eligible veteran is one who: Has been discharged or released under conditions other than dishonorable from the Armed Forces for a period of not more than 10 years before the date of application for admission to a covered medical school; would not be concurrently receiving educational assistance under Chapter 30, 31, 32, 33, 34, or 35 of title 38 United States Code or chapter 1606 or 1607 of title 10 United States Code at the time the veteran would be receiving VHVMASP funding; applies for admission to a covered medical school for the entering class of 2020; indicates on the application to the covered medical school that they would like to be considered for the VHVMASP; meets the minimum admissions criteria for the covered medical school to which the eligible veteran applies; and agrees to the terms stated in proposed § 17.617. E:\FR\FM\21MYP1.SGM 21MYP1 Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Proposed Rules Section 17.616 Award Procedures Proposed § 17.616 would state how VA would distribute the VHVMASP funds as well as the amount VA would pay to participants while enrolled in the covered school. This would be consistent with the distribution and amount of funds stipulated in section 304 of the VA MISSION Act of 2018. Proposed paragraph § 17.616(a)(1) would state that each covered medical school that opts to participate in the VHVMASP would reserve two seats in the entering class of 2020 for eligible veterans who would receive funds for the VHVMASP. VA would award funds to two eligible veterans with the highest admissions ranking among veteran applicants for such entering class for each covered medical school. The VA MISSION Act of 2018 provided for the eventuality that an eligible veteran would not apply for admissions at a covered medical school. As such, proposed § 17.616(a)(2) would state such eventuality that if two or more eligible veterans do not apply for admission at a covered medical school for the entering class of 2020, VA will distribute the available funding to eligible veterans who applied, and are accepted for admission at other covered medical schools. Proposed § 17.616(b) would state the funds that an eligible veteran would receive while participating in the VHVMASP would be equal to the actual cost of the following: Tuition at the covered medical school for which the veteran enrolls for a period of not more than 4 years; Books, fees, and technical equipment; Fees associated with the National Residency Match Program; Two away rotations performed during the fourth year of school at a VA medical facility; and a monthly stipend for the four-year period during which the eligible veteran is enrolled in a covered medical school in an amount to be determined by VA. jbell on DSK3GLQ082PROD with PROPOSALS Section 17.617 Agreement and Obligated Service As a condition of accepting funds from the VHVMASP, eligible veterans must agree to certain terms in order to continue to receive funds. Section 304 of the VA MISSION Act of 2018 establishes these terms of the agreement and proposed § 17.617(a) would list these terms of agreement between VA and the eligible veteran. The terms of the agreement are: ‘‘Maintain enrollment, attendance, and acceptable level of academic standing as defined by the covered medical school; Complete post-graduate training leading to eligibility for board certification in a VerDate Sep<11>2014 16:36 May 20, 2019 Jkt 247001 physician specialty applicable to VA; after completion of medical school and post-graduate training, obtain and maintain a license to practice medicine in a State. Eligible veterans must ensure that State licenses are obtained in a minimal amount of time following completion of residency, or fellowship, if the veteran is enrolled in a fellowship program approved by Veterans Affairs. If a participant fails to obtain his or her degree or fails to become licensed in a State no later than 90 days after completion of residency, or fellowship, if applicable, the participant is considered to be in breach of the acceptance agreement. The participant must serve as a full-time clinical practice employee in VA for a period of four years. In order to make clear to potential participants when the period of obligated service will commence, we would state in proposed § 17.617(b) that the obligated service will begin on the date on which the eligible veteran begins full-time permanent employment with VA as a clinical practice employee. VA will appoint the participant to such position as soon as possible, but no later than 90 days after the date that the participant completes his residency, or fellowship, if applicable, or the date the participant becomes licensed in a State, whichever is later. We would also add that VA reserves the right to make final decisions on the location and position of the obligated service. This would allow VA to assign the participants to locations where there is a shortage in the participant’s health care specialty. These two clarifications are in alignment with other VA scholarship programs. 17.618 Failure To Comply With Terms and Conditions of Agreement As previously stated in this rulemaking, section 304 of the VA MISSION Act of 2018 established that the eligible veteran must agree to certain terms to receive funding for the VHVMASP. However, if the eligible veteran breaches this agreement, the United States government is entitled to recover damages ‘‘in an amount equal to the total amount of VHVMASP funding received by the eligible veteran.’’ We would state these consequences of the breach of the terms of the agreement in proposed § 17.618(a). In alignment with other VA scholarship programs, we would also state in proposed paragraph § 17.618(b) that the ‘‘eligible veteran will pay the amount of damages that the United States is entitled to recover under this section in full to the United States no later than 1 year after the date of the breach of the agreement.’’ PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 22991 Effect of Rulemaking The Code of Federal Regulations, as proposed to be revised by this proposed rulemaking, would represent the exclusive legal authority on this subject. No contrary rules or procedures would be authorized. All VA guidance would be read to conform with this proposed rulemaking if possible or, if not possible, such guidance would be superseded by this rulemaking. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that VA consider the impact of paperwork and other information collection burdens imposed on the public. According to the 1995 amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), 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. This proposed rule includes provisions constituting new collections of information under the Paperwork Reduction Act of 1995 that require approval by the 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 38 CFR 17.617 contains a collection of information under the Paperwork Reduction Act of 1995. If OMB does not approve the collection of information as requested, VA will immediately remove the provision containing a collection of information or take such other action as is directed by OMB. Comments on the collection of information contained in this proposed rule should be submitted to the Office of Management and Budget, Attention: Desk Officer for the Department of Veterans Affairs, Office of Information and Regulatory Affairs, Washington, DC 20503, with copies sent by mail or hand delivery to the Director, Office of Regulation and Policy Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; fax to (202) 273–9026; or through www.Regulations.gov. Comments should indicate that they are submitted in response to ‘‘RIN 2900–AQ54— Veterans Healing Veterans Medical Access and Scholarship Program.’’ E:\FR\FM\21MYP1.SGM 21MYP1 jbell on DSK3GLQ082PROD with PROPOSALS 22992 Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Proposed Rules OMB is required to make a decision concerning the collections of information contained in this proposed final rule between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment to OMB is best assured of having its full effect if the comment is received within 30 days of publication. This does not affect the 60-day deadline for the public to comment on the proposed rule. VA considers comments by the public on proposed collections of information in— • Evaluating whether the proposed collections of information are necessary for the proper performance of the functions of VA, including whether the information will have practical utility; • Evaluating the accuracy of VA’s estimate of the burden of the proposed collections of information, including the validity of the methodology and assumptions used; • Enhancing the quality, usefulness, and clarity of the information to be collected; and • Minimizing the burden of the collections of information on those who are to respond, including through the 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 collections of information contained in 38 CFR 17.617 are described immediately following this paragraph. For the new proposed collection of information below, VA used general wage data from the Bureau of Labor Statistics (BLS) to estimate the respondents’ costs associated with completing the information collection. According to the latest available BLS data, the mean hourly wage of full-time wage and salary workers was $24.34 based on the BLS wage code—‘‘00–0000 All Occupations.’’ This information was taken from the following website: https://www.bls.gov/oes/current/oes_ nat.htm (May 2017). Title: Veterans Healing Veterans Medical Access and Scholarship Program. OMB Control No.: 2900–xxxx (new). CFR Provision: 38 CFR 17.617. Summary of collection of information: The VHVMASP provides funding for the medical education of eligible veterans who enroll in a covered medical school. As part of the VHVMASP, the eligible veteran agrees to a period of obligated service with VA for a period of no less than 48 months. The information collected under this section would require eligible veterans to sign and submit an agreement between VA and VerDate Sep<11>2014 16:36 May 20, 2019 Jkt 247001 the eligible veteran who accepts funding for the VHVMASP. Description of the need for information and proposed use of information: The collection of information is necessary to establish an agreement between VA and the eligible veteran, which would hold the eligible veteran accountable for upholding the terms and conditions of the agreement and alert the eligible veteran of the consequences of a breach in the agreement. Description of likely respondents: Eligible veterans who are accepted for participation in the VHVMASP. Estimated number of respondents per month/year: 18 per year. Estimated frequency of responses per month/year: 1 per year. Estimated average burden per response: 5 hours per response. Estimated total annual reporting and recordkeeping burden: 90 hours per year. Estimated cost to respondents per year: VA estimates the total cost to all respondents to be $2190.60 per year (90 burden hours × $24.34/hour). Legally, respondents may not pay a person or business for assistance in completing the information collection. Therefore, there are no expected overhead costs for completing the information collection. 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. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking would be exempt from the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604. Executive Orders 12866, 13563 and 13771 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 review by the Office of Management and Budget (OMB), 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.’’ VA has examined the economic, interagency, budgetary, legal, and policy implications of this regulatory action and determined that the action is not a significant regulatory action under Executive Order 12866. VA’s impact analysis can be found as a supporting document at https:// www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are available on VA’s website at https:// www.va.gov/orpm by following the link for VA Regulations Published from FY 2004 through FYTD. This proposed rule is not expected to be an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866. 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. Catalog of Federal Domestic Assistance There are no Catalog of Federal Domestic Assistance numbers and titles for this rule. 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, E:\FR\FM\21MYP1.SGM 21MYP1 Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Proposed Rules 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. 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. Robert L. Wilkie, Secretary, Department of Veterans Affairs, approved this document on April 8, 2019, for publication. Dated: May 14, 2019. Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. For the reasons set forth in the preamble, we propose to amend 38 CFR part 17 as follows: PART 17—MEDICAL 1. The authority citation for part 17 continues to read as follows: ■ Authority: 38 U.S.C. 501, and as noted in specific sections. * * * * * Sections 17.613 through 17.618 are also issued under Public Law 115–182, sec. 304. * * * * * 2. Add an undesignated center heading immediately following § 17.612 and new §§ 17.613 through 17.618 to read as follows. ■ Veterans Healing Veterans Medical Access and Scholarship Program 17.613 Purpose. 17.614 Definitions. 17.615 Eligibility. 17.616 Award procedures. 17.617 Agreement. 17.618 Failure to comply with terms and conditions of agreement. Veterans Healing Veterans Medical Access and Scholarship Program jbell on DSK3GLQ082PROD with PROPOSALS § 17.613 Purpose. The purpose of §§ 17.613 through 17.618 is to establish the requirement for the Veterans Healing Veterans Medical Access and Scholarship Program (VHVMASP). The VHVMASP will provide funding for the medical education of two eligible veterans from each covered medical school. VerDate Sep<11>2014 16:36 May 20, 2019 Jkt 247001 § 17.614 Definitions. The following definitions apply to §§ 17.613 through 17.618. Acceptable level of academic standing means maintaining a cumulative grade point average at or above passing, as determined by the medical school; completing all required courses with a passing grade; successfully completing the required course of study for graduation within four academic years; successfully passing the required United States Medical Licensing Examinations steps 1 and 2, within the timeframe for graduation from medical school; and having no final determinations of unprofessional conduct or behavior. Covered medical school means any of the following: (1) Texas A&M College of Medicine. (2) Quillen College of Medicine at East Tennessee State University. (3) Boonshoft School of Medicine at Wright State University. (4) Joan C. Edwards School of Medicine at Marshall University. (5) University of South Carolina School of Medicine. (6) Charles R. Drew University of Medicine and Science. (7) Howard University College of Medicine. (8) Meharry Medical College. (9) Morehouse School of Medicine. VA means the Department of Veterans Affairs. VHVMASP means the Veterans Healing Veterans Medical Access and Scholarship Program authorized by section 304 of the VA MISSION Act of 2018. § 17.615 PO 00000 Frm 00008 Fmt 4702 (f) Agrees to the terms stated in § 17.617. § 17.616 Sfmt 4702 Award procedures. (a) Distribution of funds. (1) Each covered medical school that opts to participate in the VHVMASP will reserve two seats in the entering class of 2020 for eligible veterans who receive funds for the VHVMASP. Funding will be awarded to two eligible veterans with the highest admissions ranking among veteran applicants for such entering class for each covered medical school. (2) If two or more eligible veterans do not apply for admission at a covered medical school for the entering class of 2020, VA will distribute the available funding to eligible veterans who applied, and are accepted, for admission at other covered medical schools. (b) Amount of funds. An eligible veteran will receive funding from the VHVMASP equal to the actual cost of the following: (1) Tuition at the covered medical school for which the veteran enrolls for a period of not more than 4 years; (2) Books, fees, and technical equipment; (3) Fees associated with the National Residency Match Program; (4) Two away rotations, performed during the fourth year of school, at a VA medical facility; and (5) A monthly stipend for the fouryear period during which the eligible veteran is enrolled in a covered medical school in an amount to be determined by VA. § 17.617 Eligibility. A veteran is considered eligible to receive funding for the VHVMASP if such veteran meets the following criteria. (a) Has been discharged or released, under conditions other than dishonorable, from the Armed Forces for not more than 10 years before the date of application for admission to a covered medical school; (b) Is not concurrently receiving educational assistance under chapter 30, 31, 32, 33, 34, or 35 of title 38 United States Code or chapter 1606 or 1607 of title 10 United States Code at the time the veteran would be receiving VHVMASP funding; (c) Applies for admission to a covered medical school for the entering class of 2020; (d) Indicates on the application to the covered medical school that they would like to be considered for the VHVMASP; (e) Meets the minimum admissions criteria for the covered medical school to which the eligible veteran applies; and 22993 Agreement and obligated service. (a) Agreement. Each eligible veteran who accepts funds from the VHVMASP will enter into an agreement with VA where the eligible veteran agrees to the following: (1) Maintain enrollment, attendance, and acceptable level of academic standing as defined by the covered medical school; (2) Complete post-graduate training leading to eligibility for board certification in a physician specialty applicable to VA; (3) After completion of medical school and post-graduate training, obtain and maintain a license to practice medicine in a State. Eligible Veterans must ensure that State licenses are obtained in a minimal amount of time following completion of residency, or fellowship, if the Veteran is enrolled in a fellowship program approved by Veterans Affairs. If a participant fails to obtain his or her degree, or fails to become licensed in a State no later than 90 days after completion of residency, or fellowship, if applicable, the E:\FR\FM\21MYP1.SGM 21MYP1 22994 Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Proposed Rules participant is considered to be in breach of the acceptance agreement; and (4) Serve as a full-time clinical practice employee in VA for a period of four years. (b) Obligated service. (1) General. An eligible veteran’s obligated service will begin on the date on which the eligible veteran begins full-time permanent employment with VA as a clinical practice employee. VA will appoint the participant to such position as soon as possible, but no later than 90 days after the date that the participant completes residency, or fellowship, if applicable, or the date the participant becomes licensed in a State, whichever is later. (2) Location and position of obligated service. VA reserves the right to make final decisions on the location and position of the obligated service. (The Office of Management and Budget has approved the information collection requirements in this section under control number XXXX–XXXX.) § 17.618 Failure to comply with terms and conditions of agreement. (a) Participant fails to satisfy terms of agreement. If an eligible veteran who accepts funding for the VHVMASP breaches the terms of the agreement stated in § 17.617, the United States is entitled to recover damages in an amount equal to the total amount of VHVMASP funding received by the eligible veteran. (b) Repayment period. The eligible veteran will pay the amount of damages that the United States is entitled to recover under this section in full to the United States no later than 1 year after the date of the breach of the agreement. [FR Doc. 2019–10251 Filed 5–20–19; 8:45 am] BILLING CODE 8320–01–P POSTAL REGULATORY COMMISSION 39 CFR Part 3050 [Docket No. RM2019–4; Order No. 5095] Periodic Reporting Postal Regulatory Commission. Notice of proposed rulemaking. AGENCY: ACTION: The Commission is initiating a rulemaking proceeding to consider changes to analytical principles relating to periodic reports on Periodicals Outside County Carrier Route Basic Flats. This document informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: June 14, 2019. jbell on DSK3GLQ082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:36 May 20, 2019 Jkt 247001 Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: ADDRESSES: Table of Contents I. Introduction II. Proposal III. Notice and Comment IV. Ordering Paragraphs I. Introduction Pursuant to § 3050.11, the Commission initiates a rulemaking proceeding to consider changes to analytical principles related to periodic reports. In particular, the Commission intends to establish the methodology for which delivery costs estimate should be used to calculate the passthroughs for Periodicals Outside County Carrier Route Basic Flats (Carrier Route Basic). II. Proposal Background. On April 22, 2019, MPA—The Association of Magazine Media (MPA) filed a motion requesting that the Commission amend specific portions of the FY 2018 Annual Compliance Determination Report (ACD).1 In particular, MPA stated that the passthrough for Carrier Route Basic was incorrectly calculated, which resulted in errors on pages 19 and 20 of the FY2018 ACD. Id. MPA presented calculations that use alternative unit delivery costs, which result in a higher cost avoidance for Carrier Route Basic and a lower passthrough. Id. at 3. In its response, the Postal Service stated that it did not disagree with MPA’s methodology.2 The Postal Service explained that the delivery costs between Carrier Route Basic and Machinable Non-Auto Flats should translate into a non-zero delivery cost avoidance for Carrier Route Basic. Id. Although there was no disagreement between MPA and the Postal Service on the methodology, the Commission 1 Docket No. ACR2018, Motion of MPA—The Association of Magazine Media for Correction of FY 2018 Annual Compliance Determination Report, April 22, 2019 (MPA Motion). See also Annual Compliance Determination Report, Fiscal Year 2018, April 12, 2019 (FY 2018 ACD). 2 Docket No. ACR2018, Response of the United States Postal Service to MPA Motion Seeking Amendment of the FY 2018 Annual Compliance Determination, April 29, 2019, at 2 (Postal Service Response). PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 found that the Postal Service had previously used a different methodology in prior fiscal years.3 The Commission also found there was no rulemaking to establish the unit cost avoidance calculation, and the Postal Service had not explicitly stated why the unit cost estimate it used was the appropriate methodology. Since the calculations using either methodology would not materially change the Commission’s findings in the FY 2018 ACD, the Commission denied MPA’s motion for correction. Order No. 5094 at 5. However, the Commission stated that it would initiate a rulemaking to establish the appropriate methodology for use in future dockets. Id. at 4–5. Proposal. The passthrough calculations for Carrier Route Basic are based on cost avoidances for mail processing and delivery. The Postal Service uses USPS Marketing Mail proxies for Periodicals delivery costs. Library Reference USPS–FY18–19 contains the FY 2018 unit delivery cost workbooks, including a workbook with delivery costs for flat-shaped mail disaggregated for whether the pieces are delivered in Flats Sequencing System (FSS) zones.4 The ‘‘FSSDeliveryModel18,’’ Table 2, contains three estimates for both USPS Marketing Mail Flats and Carrier Route Flats costs, which are: (1) Delivery costs for pieces destinating in FSS zones, (2) delivery costs for pieces destinating in non-FSS zones, and (3) delivery costs for all pieces. The Postal Service and the Commission have historically used delivery costs for pieces destinating in non-FSS zones to calculate the cost avoidance and passthrough for Carrier Route Basic. MPA used the delivery costs for all pieces for the unit cost estimate. MPA Motion at 3. The Postal Services did not disagree with this approach. Postal Service Response at 2. To improve the accuracy of the avoidable cost estimates, the Commission proposes to use the delivery costs for all pieces as the unit cost estimate used to calculate the cost avoidance and passthrough for Carrier Route Basic. Rationale and impact. In the FY 2015 ACR and FY 2015 ACD, when the proxies were first introduced, it was more appropriate to use the pieces destinating in non-FSS zones as proxies because separate prices for FSS Flats were also offered. Only pieces 3 See Docket No. ACR2018, Order Denying Motion for Correction, May 15, 2019, at 3 (Order No. 5094). 4 Docket No. ACR2018, Library Reference USPS– FY18–19, December 28, 2018, Excel file ‘‘FSSDeliveryModel18.xlsx.’’ E:\FR\FM\21MYP1.SGM 21MYP1

Agencies

[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Proposed Rules]
[Pages 22990-22994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10251]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AQ54


Veterans Healing Veterans Medical Access and 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 that govern scholarships to certain health care providers. 
This rulemaking would implement the mandates of the VA MISSION Act of 
2018 by establishing a pilot program to provide funding for the medical 
education of eligible veterans who are enrolled in covered medical 
schools.

DATES: Comments must be received on or before July 22, 2019.

ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or hand-delivery to: Director, Office of Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202) 
273-9026. (This is not a toll-free telephone number.) Comments should 
indicate that they are submitted in response to ``RIN 2900-AQ54--
Veterans Healing Veterans Medical Access and Scholarship Program.'' 
Copies of comments received will be available for public inspection in 
the Office of Regulation Policy and Management, Room 1064, between the 
hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). 
Please call (202) 461-4902 for an appointment. (This is not a toll-free 
telephone number.) In addition, during the comment period, comments may 
be viewed online through the Federal Docket Management System (FDMS) at 
https://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Marjorie A. Bowman, MD, Chief Academic 
Affiliations Officer, Office of Academic Affiliations (10X1), U.S. 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420, [email protected], (202) 461-9490. (This is not a toll-free 
number.)

SUPPLEMENTARY INFORMATION: On June 6, 2018, section 304 of Public Law 
115-182, the John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson 
VA Maintaining Internal Systems and Strengthening Integrated Outside 
Networks Act of 2018, or the VA MISSION Act of 2018, established a 
pilot program that would provide funding for medical education to 18 
eligible veterans who enroll in covered medical schools. This is known 
as the Veterans Healing Veterans Medical Access and Scholarship Program 
(VHVMASP). For the VHVMASP, the VA MISSION Act of 2018 sets forth the 
eligibility criteria; the amount and types of available funding; 
established terms of an agreement to be entered into by the 
participant; as well as, the consequences for a breach in such 
agreement. This proposed rule would establish the regulations needed to 
carry out the VHVMASP. Immediately following title 38 of the Code of 
Federal Regulations (CFR) 17.612, we would add a new undesignated 
center heading titled ``Veterans Healing Veterans Medical Access and 
Scholarship Program'' and add new Sec. Sec.  17.613 through 17.618 as 
discussed in further detail below.

Section 17.613 Purpose

    Proposed Sec.  17.613 would establish the purpose for Sec. Sec.  
17.613 through 17.618. We would state that the purpose for Sec. Sec.  
17.613 through 17.618 is to establish the requirements for the Veterans 
Healing Veterans Medical Access and Scholarship Program (VHVMASP). The 
VHVMASP will provide funding for the medical education of two eligible 
veterans from each covered medical school. This would be consistent 
with this requirement in section 304 of the VA MISSION Act of 2018.

Section 17.614 Definitions

    Proposed Sec.  17.614 would establish the definitions for proposed 
Sec. Sec.  17.613 through 17.618. We would define ``acceptable level of 
academic standing'' as maintaining a cumulative grade point average at 
or above passing, as determined by the medical school; completing all 
required courses with a passing grade; successfully completing the 
required course of study for graduation within four academic years; 
successfully passing the required United States Medical Licensing 
Examinations steps 1 and 2, within the timeframe for graduation from 
medical school; and having no final determinations of unprofessional 
conduct or behavior.
    We would define ``covered medical school'' to mean any of the 
following nine schools: Texas A&M College of Medicine, Quillen College 
of Medicine at East Tennessee State University, Boonshoft School of 
Medicine at Wright State University, Joan C. Edwards School of Medicine 
at Marshall University, University of South Carolina School of 
Medicine, Charles R. Drew University of Medicine and Science, Howard 
University College of Medicine, Meharry Medical College, and Morehouse 
School of Medicine. Consistent with section 304 of the VA MISSION Act 
of 2018, these institutions would be the only qualifying medical 
schools that may submit participants for the VHVMASP.
    We would define ``VA'' to mean the Department of Veterans Affairs. 
We would also define ``VHVMASP'' to mean the Veterans Healing Veterans 
Medical Access and Scholarship Program authorized by section 304 of the 
VA MISSION Act of 2018.

Section 17.615 Eligibility

    Proposed Sec.  17.615 would restate the eligibility criteria of 
section 304 of the VA MISSION Act of 2018 that a veteran must meet in 
order to qualify for the VHVMASP. We would state that an eligible 
veteran is one who: Has been discharged or released under conditions 
other than dishonorable from the Armed Forces for a period of not more 
than 10 years before the date of application for admission to a covered 
medical school; would not be concurrently receiving educational 
assistance under Chapter 30, 31, 32, 33, 34, or 35 of title 38 United 
States Code or chapter 1606 or 1607 of title 10 United States Code at 
the time the veteran would be receiving VHVMASP funding; applies for 
admission to a covered medical school for the entering class of 2020; 
indicates on the application to the covered medical school that they 
would like to be considered for the VHVMASP; meets the minimum 
admissions criteria for the covered medical school to which the 
eligible veteran applies; and agrees to the terms stated in proposed 
Sec.  17.617.

[[Page 22991]]

Section 17.616 Award Procedures

    Proposed Sec.  17.616 would state how VA would distribute the 
VHVMASP funds as well as the amount VA would pay to participants while 
enrolled in the covered school. This would be consistent with the 
distribution and amount of funds stipulated in section 304 of the VA 
MISSION Act of 2018. Proposed paragraph Sec.  17.616(a)(1) would state 
that each covered medical school that opts to participate in the 
VHVMASP would reserve two seats in the entering class of 2020 for 
eligible veterans who would receive funds for the VHVMASP. VA would 
award funds to two eligible veterans with the highest admissions 
ranking among veteran applicants for such entering class for each 
covered medical school. The VA MISSION Act of 2018 provided for the 
eventuality that an eligible veteran would not apply for admissions at 
a covered medical school. As such, proposed Sec.  17.616(a)(2) would 
state such eventuality that if two or more eligible veterans do not 
apply for admission at a covered medical school for the entering class 
of 2020, VA will distribute the available funding to eligible veterans 
who applied, and are accepted for admission at other covered medical 
schools.
    Proposed Sec.  17.616(b) would state the funds that an eligible 
veteran would receive while participating in the VHVMASP would be equal 
to the actual cost of the following: Tuition at the covered medical 
school for which the veteran enrolls for a period of not more than 4 
years; Books, fees, and technical equipment; Fees associated with the 
National Residency Match Program; Two away rotations performed during 
the fourth year of school at a VA medical facility; and a monthly 
stipend for the four-year period during which the eligible veteran is 
enrolled in a covered medical school in an amount to be determined by 
VA.

Section 17.617 Agreement and Obligated Service

    As a condition of accepting funds from the VHVMASP, eligible 
veterans must agree to certain terms in order to continue to receive 
funds. Section 304 of the VA MISSION Act of 2018 establishes these 
terms of the agreement and proposed Sec.  17.617(a) would list these 
terms of agreement between VA and the eligible veteran. The terms of 
the agreement are: ``Maintain enrollment, attendance, and acceptable 
level of academic standing as defined by the covered medical school; 
Complete post-graduate training leading to eligibility for board 
certification in a physician specialty applicable to VA; after 
completion of medical school and post-graduate training, obtain and 
maintain a license to practice medicine in a State. Eligible veterans 
must ensure that State licenses are obtained in a minimal amount of 
time following completion of residency, or fellowship, if the veteran 
is enrolled in a fellowship program approved by Veterans Affairs. If a 
participant fails to obtain his or her degree or fails to become 
licensed in a State no later than 90 days after completion of 
residency, or fellowship, if applicable, the participant is considered 
to be in breach of the acceptance agreement. The participant must serve 
as a full-time clinical practice employee in VA for a period of four 
years.
    In order to make clear to potential participants when the period of 
obligated service will commence, we would state in proposed Sec.  
17.617(b) that the obligated service will begin on the date on which 
the eligible veteran begins full-time permanent employment with VA as a 
clinical practice employee. VA will appoint the participant to such 
position as soon as possible, but no later than 90 days after the date 
that the participant completes his residency, or fellowship, if 
applicable, or the date the participant becomes licensed in a State, 
whichever is later. We would also add that VA reserves the right to 
make final decisions on the location and position of the obligated 
service. This would allow VA to assign the participants to locations 
where there is a shortage in the participant's health care specialty. 
These two clarifications are in alignment with other VA scholarship 
programs.

17.618 Failure To Comply With Terms and Conditions of Agreement

    As previously stated in this rulemaking, section 304 of the VA 
MISSION Act of 2018 established that the eligible veteran must agree to 
certain terms to receive funding for the VHVMASP. However, if the 
eligible veteran breaches this agreement, the United States government 
is entitled to recover damages ``in an amount equal to the total amount 
of VHVMASP funding received by the eligible veteran.'' We would state 
these consequences of the breach of the terms of the agreement in 
proposed Sec.  17.618(a). In alignment with other VA scholarship 
programs, we would also state in proposed paragraph Sec.  17.618(b) 
that the ``eligible veteran will pay the amount of damages that the 
United States is entitled to recover under this section in full to the 
United States no later than 1 year after the date of the breach of the 
agreement.''

Effect of Rulemaking

    The Code of Federal Regulations, as proposed to be revised by this 
proposed rulemaking, would represent the exclusive legal authority on 
this subject. No contrary rules or procedures would be authorized. All 
VA guidance would be read to conform with this proposed rulemaking if 
possible or, if not possible, such guidance would be superseded by this 
rulemaking.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that VA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (5 CFR 1320.8(b)(2)(vi)), 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. 
This proposed rule includes provisions constituting new collections of 
information under the Paperwork Reduction Act of 1995 that require 
approval by the 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 38 CFR 17.617 contains a 
collection of information under the Paperwork Reduction Act of 1995. If 
OMB does not approve the collection of information as requested, VA 
will immediately remove the provision containing a collection of 
information or take such other action as is directed by OMB.
    Comments on the collection of information contained in this 
proposed rule should be submitted to the Office of Management and 
Budget, Attention: Desk Officer for the Department of Veterans Affairs, 
Office of Information and Regulatory Affairs, Washington, DC 20503, 
with copies sent by mail or hand delivery to the Director, Office of 
Regulation and Policy Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; fax to 
(202) 273-9026; or through www.Regulations.gov. Comments should 
indicate that they are submitted in response to ``RIN 2900-AQ54--
Veterans Healing Veterans Medical Access and Scholarship Program.''

[[Page 22992]]

    OMB is required to make a decision concerning the collections of 
information contained in this proposed final rule between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if the comment is received within 30 days of publication. This does not 
affect the 60-day deadline for the public to comment on the proposed 
rule.
    VA considers comments by the public on proposed collections of 
information in--
     Evaluating whether the proposed collections of information 
are necessary for the proper performance of the functions of VA, 
including whether the information will have practical utility;
     Evaluating the accuracy of VA's estimate of the burden of 
the proposed collections of information, including the validity of the 
methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and
     Minimizing the burden of the collections of information on 
those who are to respond, including through the 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 collections of information contained in 38 CFR 17.617 are 
described immediately following this paragraph. For the new proposed 
collection of information below, VA used general wage data from the 
Bureau of Labor Statistics (BLS) to estimate the respondents' costs 
associated with completing the information collection. According to the 
latest available BLS data, the mean hourly wage of full-time wage and 
salary workers was $24.34 based on the BLS wage code--``00-0000 All 
Occupations.'' This information was taken from the following website: 
https://www.bls.gov/oes/current/oes_nat.htm (May 2017).
    Title: Veterans Healing Veterans Medical Access and Scholarship 
Program.
    OMB Control No.: 2900-xxxx (new).
    CFR Provision: 38 CFR 17.617.
    Summary of collection of information: The VHVMASP provides funding 
for the medical education of eligible veterans who enroll in a covered 
medical school. As part of the VHVMASP, the eligible veteran agrees to 
a period of obligated service with VA for a period of no less than 48 
months. The information collected under this section would require 
eligible veterans to sign and submit an agreement between VA and the 
eligible veteran who accepts funding for the VHVMASP.
    Description of the need for information and proposed use of 
information: The collection of information is necessary to establish an 
agreement between VA and the eligible veteran, which would hold the 
eligible veteran accountable for upholding the terms and conditions of 
the agreement and alert the eligible veteran of the consequences of a 
breach in the agreement.
    Description of likely respondents: Eligible veterans who are 
accepted for participation in the VHVMASP.
    Estimated number of respondents per month/year: 18 per year.
    Estimated frequency of responses per month/year: 1 per year.
    Estimated average burden per response: 5 hours per response.
    Estimated total annual reporting and recordkeeping burden: 90 hours 
per year.
    Estimated cost to respondents per year: VA estimates the total cost 
to all respondents to be $2190.60 per year (90 burden hours x $24.34/
hour). Legally, respondents may not pay a person or business for 
assistance in completing the information collection. Therefore, there 
are no expected overhead costs for completing the information 
collection.

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. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking 
would be exempt from the initial and final regulatory flexibility 
analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866, 13563 and 13771

    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 the Office 
of Management and Budget (OMB), 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.''
    VA has examined the economic, interagency, budgetary, legal, and 
policy implications of this regulatory action and determined that the 
action is not a significant regulatory action under Executive Order 
12866. VA's impact analysis can be found as a supporting document at 
https://www.regulations.gov, usually within 48 hours after the 
rulemaking document is published. Additionally, a copy of the 
rulemaking and its impact analysis are available on VA's website at 
https://www.va.gov/orpm by following the link for VA Regulations 
Published from FY 2004 through FYTD.
    This proposed rule is not expected to be an E.O. 13771 regulatory 
action because this proposed rule is not significant under E.O. 12866.

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.

Catalog of Federal Domestic Assistance

    There are no Catalog of Federal Domestic Assistance numbers and 
titles for this rule.

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,

[[Page 22993]]

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.

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. Robert L. 
Wilkie, Secretary, Department of Veterans Affairs, approved this 
document on April 8, 2019, for publication.

    Dated: May 14, 2019.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.
    For the reasons set forth in the preamble, we propose to amend 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.

* * * * *
    Sections 17.613 through 17.618 are also issued under Public Law 
115-182, sec. 304.
* * * * *
0
2. Add an undesignated center heading immediately following Sec.  
17.612 and new Sec. Sec.  17.613 through 17.618 to read as follows.

Veterans Healing Veterans Medical Access and Scholarship Program

17.613 Purpose.
17.614 Definitions.
17.615 Eligibility.
17.616 Award procedures.
17.617 Agreement.
17.618 Failure to comply with terms and conditions of agreement.

Veterans Healing Veterans Medical Access and Scholarship Program


Sec.  17.613   Purpose.

    The purpose of Sec. Sec.  17.613 through 17.618 is to establish the 
requirement for the Veterans Healing Veterans Medical Access and 
Scholarship Program (VHVMASP). The VHVMASP will provide funding for the 
medical education of two eligible veterans from each covered medical 
school.


Sec.  17.614   Definitions.

    The following definitions apply to Sec. Sec.  17.613 through 
17.618.
    Acceptable level of academic standing means maintaining a 
cumulative grade point average at or above passing, as determined by 
the medical school; completing all required courses with a passing 
grade; successfully completing the required course of study for 
graduation within four academic years; successfully passing the 
required United States Medical Licensing Examinations steps 1 and 2, 
within the timeframe for graduation from medical school; and having no 
final determinations of unprofessional conduct or behavior.
    Covered medical school means any of the following:
    (1) Texas A&M College of Medicine.
    (2) Quillen College of Medicine at East Tennessee State University.
    (3) Boonshoft School of Medicine at Wright State University.
    (4) Joan C. Edwards School of Medicine at Marshall University.
    (5) University of South Carolina School of Medicine.
    (6) Charles R. Drew University of Medicine and Science.
    (7) Howard University College of Medicine.
    (8) Meharry Medical College.
    (9) Morehouse School of Medicine.
    VA means the Department of Veterans Affairs.
    VHVMASP means the Veterans Healing Veterans Medical Access and 
Scholarship Program authorized by section 304 of the VA MISSION Act of 
2018.


Sec.  17.615   Eligibility.

    A veteran is considered eligible to receive funding for the VHVMASP 
if such veteran meets the following criteria.
    (a) Has been discharged or released, under conditions other than 
dishonorable, from the Armed Forces for not more than 10 years before 
the date of application for admission to a covered medical school;
    (b) Is not concurrently receiving educational assistance under 
chapter 30, 31, 32, 33, 34, or 35 of title 38 United States Code or 
chapter 1606 or 1607 of title 10 United States Code at the time the 
veteran would be receiving VHVMASP funding;
    (c) Applies for admission to a covered medical school for the 
entering class of 2020;
    (d) Indicates on the application to the covered medical school that 
they would like to be considered for the VHVMASP;
    (e) Meets the minimum admissions criteria for the covered medical 
school to which the eligible veteran applies; and
    (f) Agrees to the terms stated in Sec.  17.617.


Sec.  17.616   Award procedures.

    (a) Distribution of funds. (1) Each covered medical school that 
opts to participate in the VHVMASP will reserve two seats in the 
entering class of 2020 for eligible veterans who receive funds for the 
VHVMASP. Funding will be awarded to two eligible veterans with the 
highest admissions ranking among veteran applicants for such entering 
class for each covered medical school.
    (2) If two or more eligible veterans do not apply for admission at 
a covered medical school for the entering class of 2020, VA will 
distribute the available funding to eligible veterans who applied, and 
are accepted, for admission at other covered medical schools.
    (b) Amount of funds. An eligible veteran will receive funding from 
the VHVMASP equal to the actual cost of the following:
    (1) Tuition at the covered medical school for which the veteran 
enrolls for a period of not more than 4 years;
    (2) Books, fees, and technical equipment;
    (3) Fees associated with the National Residency Match Program;
    (4) Two away rotations, performed during the fourth year of school, 
at a VA medical facility; and
    (5) A monthly stipend for the four-year period during which the 
eligible veteran is enrolled in a covered medical school in an amount 
to be determined by VA.


Sec.  17.617  Agreement and obligated service.

    (a) Agreement. Each eligible veteran who accepts funds from the 
VHVMASP will enter into an agreement with VA where the eligible veteran 
agrees to the following:
    (1) Maintain enrollment, attendance, and acceptable level of 
academic standing as defined by the covered medical school;
    (2) Complete post-graduate training leading to eligibility for 
board certification in a physician specialty applicable to VA;
    (3) After completion of medical school and post-graduate training, 
obtain and maintain a license to practice medicine in a State. Eligible 
Veterans must ensure that State licenses are obtained in a minimal 
amount of time following completion of residency, or fellowship, if the 
Veteran is enrolled in a fellowship program approved by Veterans 
Affairs. If a participant fails to obtain his or her degree, or fails 
to become licensed in a State no later than 90 days after completion of 
residency, or fellowship, if applicable, the

[[Page 22994]]

participant is considered to be in breach of the acceptance agreement; 
and
    (4) Serve as a full-time clinical practice employee in VA for a 
period of four years.
    (b) Obligated service. (1) General. An eligible veteran's obligated 
service will begin on the date on which the eligible veteran begins 
full-time permanent employment with VA as a clinical practice employee. 
VA will appoint the participant to such position as soon as possible, 
but no later than 90 days after the date that the participant completes 
residency, or fellowship, if applicable, or the date the participant 
becomes licensed in a State, whichever is later.
    (2) Location and position of obligated service. VA reserves the 
right to make final decisions on the location and position 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.  17.618   Failure to comply with terms and conditions of 
agreement.

    (a) Participant fails to satisfy terms of agreement. If an eligible 
veteran who accepts funding for the VHVMASP breaches the terms of the 
agreement stated in Sec.  17.617, the United States is entitled to 
recover damages in an amount equal to the total amount of VHVMASP 
funding received by the eligible veteran.
    (b) Repayment period. The eligible veteran will pay the amount of 
damages that the United States is entitled to recover under this 
section in full to the United States no later than 1 year after the 
date of the breach of the agreement.

[FR Doc. 2019-10251 Filed 5-20-19; 8:45 am]
BILLING CODE 8320-01-P


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