[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11946-11947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03130]


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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, and 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 by clicking on the following link www.reginfo.gov/public/do/PRAMain, select ``Currently under Review--Open

[[Page 11947]]

for Public Comments'', then search the list for the information 
collection by Title or ``OMB Control No. 2900-0657.''

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: 
    Authority: 38 U.S.C. 3683; 38 CFR 21.4202(c); 21.5200(c); 
21.7122(e)(6); and 21.7622(f)(4)(iv).
    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;
    (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.
    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 at 88 FR 86732 on Thursday, December 14, 
2023, Pages 86732-86733.
    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.

    By direction of the Secretary.
Dorothy Glasgow,
VA PRA Clearance Officer, (Alt), Office of Enterprise and Integration, 
Data Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2024-03130 Filed 2-14-24; 8:45 am]
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