60-Day FRN

37498

Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0657]

Agency Information Collection
Activity: Conflicting Interests
Certification for Proprietary Schools
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:

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
SUMMARY:

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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 forprofit. 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

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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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Federal Register / Vol. 85, No. 120 / Monday, June 22, 2020 / Notices
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.

37499

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

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