RIN 2900-AR11, Fiduciary Bond (38 CFR Part 13)

Forms and Documents

Document Name	Status
AR11(P) Reg published 9.29.21- Fidicuary Bonds.pdf Supplementary Document	2021-09-30
2900-0804, Supporting Statement (RIN# 2900-AR11).docx Supporting Statement A	2021-09-30

IC Document Collections

IC ID	Document Title	Status
209361	2900-AR11, Fiduciary Bond (38 CFR Part 13) Other-Bond Letter	Modified

ICR Details

OMB Control No: 2900-0804	ICR Reference No: 202109-2900-011
Status: Received in OIRA	Previous ICR Reference No: 201311-2900-006
Agency/Subagency: VA	Agency Tracking No: VBA-P&F-NK
Title: RIN 2900-AR11, Fiduciary Bond (38 CFR Part 13)
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/01/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	9,670	0
Time Burden (Hours)	161	0
Cost Burden (Dollars)	0	0

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Abstract: Due to Congress authorizing VA to require a prospective fiduciary to obtain a surety bond as a part of the certification process of a prospective fiduciary, VA is requiring fiduciaries to submit proof of adequate bonding with annual accounting to facilitate its oversight responsibility as mandated. RIN 2900-AR11, Fiduciary Bond, does not use a form to collect this information. However, the amended information request is made by VA field fiduciary personnel. They make the request either verbally or by letter that informs the fiduciary to submit the original bond certificate or the contractual agreement between the fiduciary and the bonding company as proof of adequate bonding. This amended collection of information is required to fulfill VA requirements mandated by Congress, for oversight of fiduciaries. The VA Fiduciary Program would not be able to provide adequate oversight of certain fiduciaries appointed to receive VA benefits in excess of $25,000 on behalf of a beneficiary without proof that surety bonds are in place to protect these funds.

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Authorizing Statute(s): US Code: 38 USC Chapter 61 Name of Law: Penal and Forfeiture Provisions
   US Code: 38 USC Chapter 55 Name of Law: Minors, Incompetents and Other Wards
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2900-AR11	Proposed rulemaking	86 FR 53913	09/29/2021

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Federal Register Notices & Comments

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
2900-AR11, Fiduciary Bond (38 CFR Part 13)

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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	9,670	0	0	9,670	0	0
Annual Time Burden (Hours)	161	0	0	161	0	0
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: The previous request didn't have any burden approved as there isn't a form to collect information. Hence, the reason why ROCIS is assuming this is an increase. However, as there were reported to be 10000 respondents in recent years, this amendment will result in a decrease from these reported respondents in the amount shown above.

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Annual Cost to Federal Government: $19,942

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: 10/01/2021

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