Agency Information Collection Activity: Conflicting Interests Certification for Proprietary Schools, 37498-37499 [2020-13371]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37498-37499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13371]



[[Page 37498]]

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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0657]


Agency Information Collection Activity: Conflicting Interests 
Certification for Proprietary Schools

AGENCY:  Veterans Benefits Administration, Department of Veterans 
Affairs.

ACTION: Notice.

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SUMMARY: The Veterans Benefits Administration (VBA), Department of 
Veterans Affairs (VA), is announcing an opportunity for public comment 
on the proposed collection of certain information by the agency. Under 
the Paperwork Reduction Act (PRA) of 1995, Federal agencies are 
required to publish notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
of a currently approved collection, and allow 60 days for public 
comment in response to the notice.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before August 21, 2020.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov 
or to Nancy J. Kessinger, Veterans Benefits Administration (20M33), 
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 
20420 or email to [email protected]. Please refer to ``OMB Control 
No. 2900-0657'' in any correspondence. During the comment period, 
comments may be viewed online through FDMS.

FOR FURTHER INFORMATION CONTACT: Danny S. Green at (202) 421-1354.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 
obtain approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. This request for 
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, VBA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of VBA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of VBA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Authority: 38 U.S.C. 3683; 38 CFR 21.4200(z); 38 CFR 21.4202(c); 38 
CFR 21.5200(c); 38 CFR 21.7122(e)(6); and 38 CFR 21.7622(f)(4)(iv).
    Title: Conflicting Interests Certification for Proprietary Schools.
    OMB Control Number: 2900-0657.
    Type of Review: Extension of a currently approved collection.
    Abstract: Schools are required to submit information necessary to 
determine if their programs of training are approved for the payment of 
VA educational assistance. This specified information is submitted 
either to VA or to the State Approving Agency (SAA) having jurisdiction 
over that school. Certain schools are considered ``proprietary'' 
schools. A proprietary educational institution, as defined in 38 CFR 
21.4200(z), is a private institution legally authorized to offer a 
program of education in the State where the institution is physically 
located. Section 3683 of title 38, U.S.C., and sections of title 38 of 
the Code of Federal Regulations (CFR) establish conflict of interest 
restrictions related to proprietary schools. The VA Form 22-1919 is the 
instrument VA has implemented to address these restrictions.
    (a) VA Form 22-1919 is only used to collect information on two 
issues:
    (i) Section 3683 of title 38, U.S.C., prohibits employees of VA and 
the SAA from owning any interest in an educational institution operated 
for-profit. In addition, the law prohibits VA or SAA employees from 
receiving any wages, salary, dividends, profits, or gifts from private 
for-profit schools in which an eligible person is pursuing a program of 
education under an educational assistance program administered by VA. 
In addition, the law prohibits VA employees from receiving any services 
from these schools. These provisions may be waived if VA determines 
that no detriment will result to the government, or to Veterans or 
eligible persons enrolled at that private for-profit school. Item 1 of 
VA Form 22-1919 collects the name and title of affected VA and SAA 
employees known by the President (or Chief Administrative Official) of 
the school, as well as a description of these employees' association 
with that school.
    (ii) Sections 21.4202(c), 21.5200(c), 21.7122(e)(6), and 
21.7622(f)(4)(iv) of title 38 of the CFR prohibit the approval of 
educational assistance from VA for the enrollment of an eligible person 
in any proprietary school where the trainee is an official authorized 
to sign certifications of enrollment. Item 2 of VA Form 22-1919 
collects the following information for each certifying official, owner, 
or officer who receives VA educational assistance based on an 
enrollment in that proprietary school: the name and title of these 
employees; VA file numbers; and dates of enrollment at the proprietary 
school.
    (b) VA only collects this information at the time one (or more) of 
these events occurs:
    (i) The initial approval of a program or course at a proprietary 
for-profit school;
    (ii) Any change of ownership of the school (either reported by the 
school or found upon review of a school's records during VA's 
``compliance survey'');
    (iii) A change in proprietary status (from non-proprietary to 
proprietary, or from non-profit to profit status).
    When the SAA, or VA acting as the SAA, visits the school in 
connection with the school's request for approval of its program(s), 
the representative has either the school's President or chief 
administrative official sign VA Form 22-1919. VA's Education Liaison 
Representative (ELR) will associate the completed VA Form 22-1919 with 
the other documentation compiled for approval of the school's 
program(s) and will retain this information in the approval folder. The 
approval folder is retained until such time as the SAA or VA withdraws 
approval of all courses at the school. All information in the approval 
folder is then destroyed according to established record control 
schedules.
    (c) The following administrative and legal requirements affect 
proprietary schools as defined in 38 CFR 21.4200(z) and necessitate the 
VA Form 22-1919 collection:
    i. 38 U.S.C. 3683, Conflicting Interests. Impacts proprietary for-
profit schools only.
    ii. Regulations that reflect the restrictions applicable to all 
proprietary schools:
    A. 38 CFR 21.4202(c). Overcharges; restrictions on enrollments. 
Restrictions;
    proprietary schools.
    B. 38 CFR 21.5200(c). Schools. Overcharges; restrictions on 
enrollments. Restrictions; proprietary schools.
    C. 38 CFR 21.7122(e)(6). Courses precluded. Other courses.
    D. 38 CFR 21.7622(f)(4)(iv). Courses precluded. Other courses.

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    Affected Public: Institutions of Higher Learning.
    Estimated Annual Burden: 56 hours.
    Estimated Average Burden per Respondent: 10 minutes.
    Frequency of Response: Occasionally.
    Estimated Number of Respondents: 336.

    By direction of the Secretary.
Danny S. Green,
VA Clearance Officer, Office of Quality, Performance and Risk, 
Department of Veterans Affairs.
[FR Doc. 2020-13371 Filed 6-19-20; 8:45 am]
BILLING CODE 8320-01-P