Readjustment Counseling Service Scholarship Program, 71254-71258 [2022-25093]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Rules and Regulations]
[Pages 71254-71258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25093]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AR31


Readjustment Counseling Service Scholarship Program

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is adding new 
regulations that govern scholarship programs that will benefit certain 
health care professionals. This rulemaking implements the mandates of 
the Commander John Scott Hannon Veterans Mental Health Care Improvement 
Act of 2019 by establishing the Readjustment Counseling Service 
Scholarship Program (RCSSP). The RCSSP provides educational assistance 
to individuals who pursue a graduate degree in psychology, social work, 
marriage and family therapy, or mental health counseling that meet the 
education requirements for appointment as a health care professional in 
one of the aforementioned fields in VA Vet Centers.

DATES: This rule is effective December 22, 2022.

FOR FURTHER INFORMATION CONTACT: Charles Flora, Social Science 
Specialist, Readjustment Counseling Services, 810 Vermont Ave. NW, 
Washington, DC 20420, (202) 461-6525. (This is not a toll-free 
telephone number.)

SUPPLEMENTARY INFORMATION: On November 5, 2021, VA published a proposed 
rule in the Federal Register (86 FR 81094) that would establish the 
Readjustment Counseling Service Scholarship Program (RCSSP) in 38 CFR 
17.545 through 17.553 pursuant to section 502 of Public Law 116-171, 
the Commander John Scott Hannon Veterans Mental Health Care Improvement 
Act of 2019 (the Act), enacted on October 17, 2020. The Act established 
new sections 7698 through 7699B and created the RCSSP to serve as an 
incentive to individuals who are pursuing a graduate degree in 
psychology, social work, marriage and family therapy, or mental health 
counseling to fill existing vacancies in Vet Centers that are located 
in areas that are designated as medically underserved populations and 
in States with a per capita population of more than five percent 
veterans according to the National Center for Veterans Analysis and 
Statistics and the Bureau of the Census (42 U.S.C. 254b(b)(3)).
    VA provided a 60-day comment period, which ended on January 4, 
2022. VA received two comments on the proposed rule. One comment was 
supportive of the rule. We thank the commenter for their support and do 
not make any changes based on the comment.
    The other comment was supportive of the rule but expressed concern 
about the amount of funding for psychology doctoral students and the 
supervision requirements in the rule. VA stated in proposed Sec.  
17.549(c) that VA would fund RCSSP for social work, marriage and family 
therapy, professional mental health counseling, and psychology graduate 
students for a maximum of two years. The commenter suggested that VA 
increase the RCSSP funding period for psychology students to be 
commensurate with their increased experience, training, and value and 
to account for the fact that the other occupations only require a two-
year degree whereas a psychology degree is five years, thereby leaving 
psychology participants with potentially significant debt compared to 
their counterparts in the other occupations. The commenter was 
concerned that psychology students could be dissuaded from 
participating in the RCSSP if they will still carry significant debt 
after graduation.
    VA has considered the issues presented by the commenter, however, 
we reiterate from the proposed rule that the two-year limit on funding 
is intended to equalize the award and obligated service requirements 
across all four health care professions. VA believes that the two-year 
limit will provide full parity across the four disciplines to all 
scholarship awardees and provide for the equitable recruitment of 
individuals in the four health care professions. In this regard, the 
Act requires a six-year period of obligated service following the 
completion of the program of study. 38 U.S.C. 7699(c)(2). Therefore, VA 
believes it would be inequitable to fund two years for certain 
participants and five for others when all participants will have the 
same six-year period of obligated service. VA also does not believe 
that the two-year period for the scholarship will dissuade psychology 
graduates from participating in the RCSSP. We are not making any 
changes based on this comment.
    The commenter also had concerns regarding supervision. Because VA 
health care professionals may be licensed in any State and not every 
Vet Center employs professionals from each of the professions, proposed 
Sec.  17.549(b) stated that when determining which Vet Center a 
scholarship recipient would be placed to carry out their service 
obligation, VA would consider the size and professional makeup of the 
current Vet Center staff to ensure appropriate supervision as required 
by VA professional qualification standards and for State licensure. The 
commenter was concerned that the unintended result of the proposed rule 
could be that the Vet Centers with the greatest need for additional 
mental health professionals will be left out because of inadequate 
staffing levels to supervise a scholarship recipient. The commenter 
acknowledged that each participant requires supervision by another 
professional in the same disciple who is also licensed in the State 
they seek to gain licensure in order to obtain their license and stated 
that it is important that the individual requirements of each State's 
licensing board be considered when placing scholarship recipients. The 
commenter further stated that any potential solution must prioritize 
State licensure for the scholarship recipient

[[Page 71255]]

and high-quality care for veterans. The commenter encouraged VA to 
allow scholarship recipients to be supervised by another VA health care 
professional or even a community health care professional if no 
appropriate supervisor is available at a Vet Center. The commenter also 
recommended that VA split a scholarship recipient's service obligation 
between two sites; one site with appropriately licensed health care 
professionals for the scholarship recipient to gain State licensure and 
another in a medically underserved veteran dense community as required 
in Sec.  17.549(b).
    We agree with the commenter that the requirement for recipients to 
receive supervision from a licensed staff within their respective 
professions who has the necessary State license, as a condition for 
their own licensure, is a critical point for the consideration of the 
potential location of the obligated service. VA would assist the 
participants in making certain that they have all of the resources 
needed to obtain a State license. We note that proposed Sec.  17.549(b) 
does not require a certain level of staffing in a Vet Center, but does 
require that the Vet Center have adequate staff for the purposes of 
supervision of participants. This requirement will ensure that all 
recipients can utilize their experience at the Vet Center toward 
obtaining their desired State license.
    Regarding the commentor's recommendation that the participant be 
supervised by a health care professional that is not in the same health 
care profession as the participant, we respectfully disagree with this 
recommendation. It is both a VA and a requirement in some States for 
some of the disciplines that the health care professional be supervised 
by an individual within the same health care profession. Having a 
supervisor that is not in the same health care profession may lead to 
the participant not being able to obtain a State license and thus 
making them in violation of their agreement. VA would also not allow 
participants to be supervised by health care professionals in the 
community as these individuals are not VA employees appointed under 38 
U.S.C. 7306, 7401, 7405, 7406, 7408, or title 5, U.S. Code.
    We also agree with the commenter that the goal of the RCSSP is to 
help fill vacancies in medically underserved communities. However, we 
believe that splitting locations of assignment for the scholarship 
participant would defeat the purpose of the RCSSP, which is to provide 
mental health care professionals to Vet Centers that are in medically 
underserved areas or in States with a per capita population of more 
than five percent veterans. Splitting the locations of assignment would 
reduce the amount of time a participant would provide vital health care 
services to a Vet Center location in these areas. In addition, the 
rapid turnover in order to accommodate two locations could negatively 
impact services to veterans by undermining active case coordination. We 
are not making any changes based on this comment.
    The commenter also encouraged VA to advertise the VA Health 
Professional Scholarship Program (HPSP) to psychology students who are 
newly eligible and requested VA educate Veterans Integrated Services 
Network (VISN) and VA medical facility directors on the importance of 
offering Education Debt Reduction Program (EDRP) funds to 
psychologists. However, the HPSP and EDRP are beyond the scope of the 
proposed rule. We are not making any changes based on this comment.
    VA is making a technical correction to Sec.  17.549(b) for clarity. 
Proposed paragraph (b) stated when determining which Vet Center a 
scholarship recipient will be placed to carry out their service 
obligation, VA will consider the priority criteria in paragraph (a) of 
this section and the size and professional makeup of the current Vet 
Center staff to ensure that the Vet Center staff has health care 
professionals that are licensed to supervise participants of the RCSSP 
from the same health care profession as required by VA professional 
qualification standards for licensure for each of the four professions. 
We note that the text as proposed may be confusing as to whether the 
supervision of a health care professional from the same health care 
profession is a VA or State requirement. To clearly provide that the 
supervision is both a VA and a requirement of some States for some 
disciplines, we are now stating that the supervision requirements are 
required by VA professional qualification standards and a requirement 
of some State licensure boards for some disciplines for each of the 
four professions. No other changes to the meaning of this paragraph are 
intended by this change.
    VA is making a technical correction to Sec.  17.549(c)(2) for 
clarity. Proposed paragraph (c)(2) stated in part that psychology 
graduates are required to undergo a one-year residency at either an 
American Psychology Association (APA) or Canadian Psychological 
Association (CPA) accredited internship program prior to qualifying for 
full time VA employment. We are clarifying that the one-year residency 
at either an APA or CPA should have instead stated a one-year 
internship. This technical correction will change the term residency to 
internship to make the term consistent throughout paragraph (c)(2). No 
other changes to the meaning of this paragraph are intended by this 
change.
    VA is also making technical edits to Sec.  17.553(b) for clarity. 
Proposed paragraph (b) stated that ``except as provided in paragraph 
(d) of this section, a participant of the RCSSP will be liable to the 
United States for the amount that has been paid to or on behalf of the 
participant under the agreement if any of the following occurs: 
Liability under paragraph (b) of this section is in lieu of any service 
obligation arising under the agreement.'' We are eliminating the 
reference to paragraph (b) in the last sentence of this paragraph 
because liability applies to all of Sec.  17.553. In addition, we are 
moving the last sentence of paragraph (b) to now be the first sentence 
of the paragraph for clarity. Paragraph (b) will now state that 
liability under this section is in lieu of any service obligation 
arising under the agreement. Except as provided in paragraph (d) of 
this section, a participant of the RCSSP will be liable to the United 
States for the amount that has been paid to or on behalf of the 
participant under the agreement if any of the following occurs. No 
other changes to the meaning of this paragraph are intended by this 
change.
    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 with the technical changes discussed in this rule.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
The Office of Information and Regulatory Affairs has determined that 
this rule is not a significant regulatory action under Executive Order 
12866. The Regulatory Impact Analysis associated with this rulemaking 
can be found as a supporting document at www.regulations.gov.

[[Page 71256]]

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). The RCSSP will solely be operated and administered within VA. 
Therefore, pursuant to 5 U.S.C. 605(b), the initial and final 
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do 
not apply.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule would have no such effect 
on State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act (PRA)

    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 final rule includes provisions constituting a new collection 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. Sections 17.548 and 17.551 contain a new collection of 
information. OMB has filed a comment on the information collection that 
was submitted in conjunction with the proposed rule in accordance with 
5 CFR 1320.11(c) with a control number of 2900-0899. If OMB does not 
approve the collection of information as requested, VA will immediately 
remove the provisions containing a collection of information or take 
such other action as is directed by OMB.
    This information would be collected for applicants who wish to 
participate in the RCSSP. The information would also be collected for 
those individuals who are selected to participate in the RCSSP and who 
must sign an agreement between VA and the eligible individual. This 
agreement would hold the eligible individual accountable for upholding 
the terms and conditions of the agreement and alert the eligible 
individual of the consequences of a breach in the agreement.
    VA estimates that there will be 50 applicants per year with five 
selected participants from the 50 applicants. The estimated average 
burden per response for applicants is three hours and for selected 
participants is 1.6 hours. VA estimates the annual cost to all 
respondents will be $4,277 per year (158 burden hours x $27.07 per 
hour). VA used the Bureau of Labor Statistics (BLS) median hourly wage 
for hourly wage for ``all occupations'' of $27.07 per hour. This 
information is available at https://www.bls.gov/oes/current/oes_nat.htm#13-0000.

Assistance Listing

    There are no Assistance Listing numbers and titles for this final 
rule.

Congressional Review Act

    Pursuant to Subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 
801 et seq.), the Office of Information and Regulatory Affairs 
designated this rule as not a major rule, as defined by 5 U.S.C. 
804(2).

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Health care, Health 
facilities, Health professions, Scholarships and fellowships.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on October 27, 2022, and authorized the undersigned to sign 
and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy & 
Management, Office of General Counsel, Department of Veterans Affairs.
    For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 17 as set forth below:

PART 17--MEDICAL

0
1. The general authority citation for part 17 continues, and an entry 
for Sec. Sec.  17.545 through 17.553 is added in numerical order, to 
read as follows:

    Authority: 38 U.S.C. 501, and as noted in specific sections.
* * * * *
    Sections 17.545 through 17.553 are also issued under 38 U.S.C. 
7698, 7699, 7699A, and 7699B.
* * * * *

0
2. Add an undesignated center heading and Sec. Sec.  17.545 through 
17.553 immediately following Sec.  17.539 to read as follows:
Sec.
* * * * *

Readjustment Counseling Service Scholarship Program

17.545 Purpose.
17.547 Eligibility.
17.548 Application procedures.
17.549 Award procedures.
17.551 Agreement and obligated service.
17.553 Failure to comply with terms and conditions of agreement.
* * * * *

Readjustment Counseling Service Scholarship Program


Sec.  17.545  Purpose.

    The purpose of Sec. Sec.  17.545 through 17.553 is to establish the 
Readjustment Counseling Service Scholarship Program (RCSSP) as part of 
VA's Educational Assistance Program. For purposes of the RCSSP, the 
term Vet Center has the meaning given that term in 38 U.S.C. 1712A(h).


Sec.  17.547  Eligibility.

    An individual is eligible to participate in the RCSSP if the 
individual meets the following requirements:
    (a) Is accepted for enrollment or be currently enrolled on a full-
time basis in a program of study at an accredited educational 
institution, school, or training program leading to a terminal 
doctorate degree in psychology, or a terminal masters degree in social 
work, marriage and family therapy, or mental health counseling that 
would meet the education requirements for appointment to a position in 
one of those fields under 38 U.S.C. 7402(b); and
    (b) Enters into an agreement with the Secretary under Sec.  17.551.


Sec.  17.548  Application procedures.

    (a) Availability. VA will make awards under the RCSSP only when VA 
determines it is necessary to assist in alleviating shortages of 
psychologists, social workers, marriage and family therapists, or 
mental health counseling

[[Page 71257]]

professionals in Vet Centers. VA's determination of the number of RCSSP 
scholarships to be awarded in a fiscal year is subject to the 
availability of appropriations.
    (b) Application-general. Each individual desiring a RCSSP 
scholarship must submit an accurate and complete application, including 
a signed written acceptance agreement.
    (c) VA's duties. VA will notify applicants prior to acceptance in 
the RCSSP of the following information:
    (1) A fair summary of the rights and liabilities of an individual 
whose application is approved by VA and whose acceptance agreement is 
consummated by VA; and
    (2) A full description of the terms and conditions that apply to 
participation in the RCSSP and service in VA.

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0899.)


Sec.  17.549  Award procedures.

    (a) Priority. In selecting individuals to participate in the RCSSP, 
VA will give priority to the following individuals:
    (1) An individual who agrees to be employed by Vet Centers located 
in communities that are:
    (i) Designated as a medically underserved population under section 
330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)); and
    (ii) In States with a per capita population of more than five 
percent veterans according to the National Center for Veterans Analysis 
and Statistics and the Bureau of the Census.
    (2) A veteran.
    (b) Placement criteria. When determining which Vet Center a 
scholarship recipient will be placed to carry out their service 
obligation, VA will consider the priority criteria in paragraph (a) of 
this section and the size and professional makeup of the current Vet 
Center staff to ensure that the Vet Center staff has health care 
professionals that are licensed to supervise participants of the RCSSP 
from the same health care profession as required by VA professional 
qualification standards and a requirement of some State licensure 
boards for some disciplines for each of the four professions.
    (c) Amount of funds. VA will provide a scholarship to individuals 
who participate in the RCSSP to cover the actual costs of such 
individuals obtaining a terminal degree in psychology, social work, 
marriage and family therapy, or professional mental health counseling 
for a maximum of two years. If a participant completes their terminal 
degree in less than two years, the period of obligated service remains 
unchanged.
    (1) Social work, marriage and family therapy, and professional 
mental health counseling are master level programs that require 
approximately a two-year period for achieving the terminal degree. VA 
will fund RCSSP social work, marriage and family therapy, and 
professional mental health counseling participants for a maximum of two 
years.
    (2) Psychology is a doctoral level program requiring approximately 
five years for completion of the terminal academic degree. In addition, 
psychology graduates are required to undergo a one-year internship at 
either an American Psychology Association (APA) or Canadian 
Psychological Association (CPA) accredited internship program prior to 
qualifying for full time VA employment. VA will fund psychology 
participants for the last two years of their five-year academic 
training to obtain a terminal doctorate degree. VA will not provide 
funding for the one-year APA or CPA internship under the RCSSP.
    (d) Payment of funds. All such payments to scholarship participants 
are exempt from Federal taxation. The payments will consist of the 
actual cost of:
    (1) Tuition and required fees;
    (2) Other educational expenses, including books and laboratory 
equipment; and
    (3) A monthly stipend, for the duration of the scholarship award. 
The Secretary may determine the amount of the stipend paid to 
participants, but that amount may not exceed the maximum amount 
provided for in 38 U.S.C. 7613(b).


Sec.  17.551  Agreement and obligated service.

    (a) Agreement. Each participant who accepts funds from the RCSSP 
will enter into an agreement with VA where the participant agrees to 
the following:
    (1) Maintain enrollment, attendance, and an acceptable level of 
academic standing as defined by the school;
    (2) Obtain a terminal degree in psychology, social work, marriage 
and family therapy, or professional mental health counseling; and
    (3) Be employed as a full-time VA employee at a Vet Center for a 
period of six-years as a psychologist, social worker, marriage and 
family therapist, or professional mental health counselor following the 
completion of such program of study.
    (4) Psychologists must complete a one-year internship at either an 
American Psychological Association (APA) or Canadian Psychological 
Association (CPA) accredited program. Obtaining an APA or CPA 
accredited internship requires that an individual participate in the 
Association of Psychology Postdoctoral and Internship Centers (APPIC) 
process. If a scholarship participant does not participate in an APA or 
CPA accredited internship, they are in breach of their agreement.
    (b) Obligated service--(1) Determination of service commencement 
date. VA will notify the participant of the commencement date of the 
period of obligated service no later than 60 days before such date.
    (2) Commencement date of obligated service--(i) General. A 
participant's period of obligated service will begin on the date the 
participant begins full-time permanent employment at a Vet Center as a 
psychologist, social worker, marriage and family therapist, or 
professional mental health counselor, but no later than 180 days after 
the date that the participant completes a terminal degree in one of the 
identified disciplines. Psychology participants will commence their 
period of obligated service no later than 180 days after completion of 
their one-year APA or CPA internship, which requires completion of all 
academic requirements to obtain a terminal doctorate degree.
    (ii) Independent practice. Upon receipt of the terminal degree, 
participants will enter VA employment at the entry level until full 
licensure at the independent practice level has been attained. 
Independent practice licensure is a requirement for all scholarship 
participants. Non-licensed psychologists, social workers, marriage and 
family therapists, and professional mental health counselors are 
required to serve under the supervision of a licensed health care 
professional of their profession and must be independently licensed by 
a State within the time frame specified in VA qualification standards.
    (iii) VA monitoring of participants. VA will actively assist and 
monitor participants to ensure State licenses are obtained in a minimal 
amount of time following graduation and the required period of 
supervision for their profession. If a participant fails to obtain 
their terminal degree or fails to obtain licensure in a State at the 
independent practice level no later than 180 days after the required 
period of supervision for their profession, the participant is 
considered to be in breach of the acceptance agreement.
    (3) Location and position of obligated service. VA reserves the 
right to make

[[Page 71258]]

final decisions on the location and position of the obligated service. 
A participant who receives an RCSSP must be willing to relocate to 
another geographic location to carry out their service obligation in 
accordance with the participant's agreement. The requirement for 
participants to receive supervision from a licensed staff within their 
respective professions, as a condition for their own licensure, is a 
critical point for the consideration of the potential location of the 
obligated service.

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0899.)


Sec.  17.553  Failure to comply with terms and conditions of agreement.

    (a) Liquidated damages. Except as provided in paragraph (b) of this 
section, a participant of the RCSSP who fails to accept payment or 
instructs the educational institution in which the participant is 
enrolled not to accept payment, in whole or in part, of a scholarship 
under the agreement entered into under Sec.  17.551 will be liable to 
the United States for liquidated damages in the amount of $1,500.
    (b) Liability during program of study. Liability under this section 
is in lieu of any service obligation arising under the agreement. 
Except as provided in paragraph (d) of this section, a participant of 
the RCSSP will be liable to the United States for the amount that has 
been paid to or on behalf of the participant under the agreement if any 
of the following occurs:
    (1) The participant fails to maintain an acceptable level of 
academic standing in the educational institution in which the 
participant is enrolled, as determined by the educational institution;
    (2) The participant is dismissed from the educational institution 
for disciplinary reasons; or
    (3) The participant voluntarily terminates the program of study in 
the educational institution before the completion of the program of 
study for which the RCSSP was awarded.
    (c) Liability during period of obligated service. Except as 
provided in paragraph (d) of this section, if a participant of the 
RCSSP does not complete their period of obligated service, the United 
States will be entitled to recover from the participant an amount 
determined in accordance with the following formula: A = 3[Phi](t-s/t), 
where:
    (1) `A' is the amount the United States is entitled to recover;
    (2) `[Phi]' is the sum of:
    (i) The amounts paid under this subchapter to or on behalf of the 
participant, and
    (ii) The interest on such amounts, which would be payable if at the 
time the amounts were paid they were loans bearing interest at the 
maximum legal prevailing rate, as determined by the Treasurer of the 
United States.
    (3) `t' is the total number of months in the period of obligated 
service of the participant; and
    (4) `s' is the number of months of such period served by the 
participant.
    (d) Limitation on liability for reductions-in-force. Liability will 
not arise under paragraph (c) of this section if the participant fails 
to maintain employment as a VA employee due to a staffing adjustment.
    (e) Repayment period. The participant will pay the amount of 
damages that the United States is entitled to recover under this 
section in full to the United States no later than one year after the 
date of the breach of the agreement.

[FR Doc. 2022-25093 Filed 11-21-22; 8:45 am]
BILLING CODE 8320-01-P