Advertising, Sales, Enrollment Materials, and Candidate Handbooks; 38 CFR 21.4252(h)

Forms and Documents

Document Name	Status
2022-10032.pdf Supplementary Document	2022-05-10
60 Day FRN - Actual.pdf Supplementary Document	2022-05-05
Supporting Statement 2021 (1).docx Supporting Statement A	2022-04-07
2022-03032.pdf Supplementary Document	2022-02-17
2021-27255.pdf Supplementary Document	2022-01-06
2021-28407.pdf Supplementary Document	2022-01-06

IC Document Collections

IC ID	Document Title	Status
44131	Advertising, Sales, Enrollment Materials, and Candidate Handbooks; 38 CFR 21.4252(h)	Modified

ICR Details

OMB Control No: 2900-0682	ICR Reference No: 202201-2900-001
Status: Received in OIRA	Previous ICR Reference No: 201709-2900-014
Agency/Subagency: VA	Agency Tracking No: VBA-EDU-NK
Title: Advertising, Sales, Enrollment Materials, and Candidate Handbooks; 38 CFR 21.4252(h)
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/10/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	5,525	0
Time Burden (Hours)	5,525	0
Cost Burden (Dollars)	0	0

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Abstract: Educational institutions with approved courses for veterans training and organizations or entities offering approved licensing or certification tests for veterans training must keep advertising, sales and enrollment materials (includes candidate handbooks for organizations or entities offering the licensing and certification tests). VA employees and SAA (State Approving Agencies) employees may review the materials. The statute prohibits approval of the enrollment of a Veteran in a course if the educational institution uses advertising, sales, or enrollment practices that are erroneous, deceptive, or misleading either by actual statement, omission, or intimation. The advertising, sales and enrollment materials are reviewed to determine if the institution is in compliance with guidelines for approval.

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Authorizing Statute(s): US Code: 38 USC 3689 Name of Law: Approval requirements for licensing and certification
   US Code: 38 USC 3696 Name of Law: Limitation on certain advertising, sales, and enrollment
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 3032	02/14/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 10032	05/10/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Advertising, Sales, Enrollment Materials, and Candidate Handbooks; 38 CFR 21.4252(h)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,525	0	0	-8,411	0	13,936
Annual Time Burden (Hours)	5,525	0	0	2,041	0	3,484
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There is an increase in the annual reporting burden, due to an VA reassessment in the time burden measurement to which institutions and entities approved for VA education training must prepare materials required for compliance surveys to be completed. The resulting calculations derived from this reassessment covers the average annual number of compliances performed for period(s) 2016, 2017, 2018, 2019 and 2020.

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Annual Cost to Federal Government: $176,523

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/10/2022

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