Agency Information Collection Activity: Conflicting Interests Certification for Proprietary Schools, 86732-86733 [2023-27444]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86732-86733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27444]


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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: Veterans Benefits Administration, 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 revision 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 February 12, 2024.

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: Maribel Aponte, Office of Enterprise 
and Integration, Data Governance Analytics (008), 810 Vermont Ave. NW, 
Washington, DC 20420, (202) 266-4688 or email [email protected]. 
Please refer to ``OMB Control No. 2900-0657'' in any correspondence.

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.
    Title: Conflicting Interests Certification for Proprietary Schools, 
VA Form 22-1919.
    OMB Control Number: 2900-0657.
    Type of Review: Revision of a currently approved collection.
    Abstract: The Department of Veterans Affairs (VA) is authorized to 
pay education benefits to Veterans and other eligible persons pursuing 
approved programs of education under chapters 30, 31, 32, 33, and 35 of 
title 38, U.S.C., and chapter 1606 of title 10, U.S.C., sections 903 of 
Public Law 96-342, the National Call to Service provision of Public Law 
107-314, and the Omnibus Diplomatic Security and Antiterrorism Act of 
1986.
    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 Code of Federal 
Regulations (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 38 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 a Veteran or 
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;

[[Page 86733]]

    (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.
    Affected Public: Institutions of Higher Learning.
    Estimated Annual Burden: 39 hours.
    Estimated Average Burden Time per Respondent: 10 minutes.
    Frequency of Response: Occasional.
    Estimated Number of Respondents: 236.
    Authority: 38 U.S.C. 3683; 38 CFR 21.4202(c); 21.5200(c); 
21.7122(e)(6); and 21.7622(f)(4)(iv).

    By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration/Data 
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2023-27444 Filed 12-13-23; 8:45 am]
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