Notice2024-03130
Agency Information Collection Activity Under OMB Review: Conflicting Interests Certification for Proprietary Schools
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 15, 2024
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 32 (Thursday, February 15, 2024)</title>
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[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11946-11947]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>, 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 <a href="/cdn-cgi/l/email-protection#501d31223932353c7e31203f3e24351026317e373f26"><span class="__cf_email__" data-cfemail="cf82aebda6adaaa3e1aebfa0a1bbaa8fb9aee1a8a0b9">[email protected]</span></a>.
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]
BILLING CODE 8320-01-P
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