[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Notices]
[Pages 52661-52662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18742]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0657]


Agency Information Collection Activity Under OMB Review: 
Conflicting Interests Certification for Proprietary Schools

AGENCY: Veterans Benefits Administration, Department of Veterans 
Affairs.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 
this notice announces that the Veterans Benefits Administration (VBA), 
Department of Veterans Affairs, will submit the collection of 
information abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The PRA submission describes the nature 
of the information collection and its expected cost and burden; it 
includes the actual data collection instrument.

DATES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Refer to 
``OMB Control No. 2900-0657.''

FOR FURTHER INFORMATION CONTACT: Danny S. Green, Enterprise Records 
Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420, (202) 421-1354 or email [email protected]. 
Please refer to ``OMB Control No. 2900-0657'' in any correspondence.

SUPPLEMENTARY INFORMATION:
    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: Revision 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

[[Page 52662]]

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.
    An agency 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. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published on 85, FR, 120, June 22, 2020, at pages 
37498-37499.
    Affected Public: Institutions of Higher Learning.
    Estimated Annual Burden: 56 hours.
    Estimated Average Burden per Respondent: 10 minutes.
    Frequency of Response: Occasionally.
    Actual 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. 2020-18742 Filed 8-25-20; 8:45 am]
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