[Federal Register Volume 86, Number 198 (Monday, October 18, 2021)]
[Notices]
[Pages 57747-57748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22623]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-NEW]


Agency Information Collection Activity Under OMB Review: 35% 
Exemption Request From 85/15 Reporting Requirement

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

[[Page 57748]]

information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function. Refer to 
``OMB Control No. 2900-NEW.

FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise 
and Integration, Data Governance Analytics (008), 1717 H Street NW, 
Washington, DC 20006, (202) 266-4688 or email [email protected]. 
Please refer to ``OMB Control No. 2900-NEW'' in any correspondence.

SUPPLEMENTARY INFORMATION: 
    Authority: Title 38 United States Code (U.S.C.) 3680A(d) and 38 
Code of Federal Regulations (CFR) 21.4201.
    Title: 35% Exemption Request from 85/15 Reporting Requirement, VA 
Form 22-10216.
    OMB Control Number: 2900-NEW.
    Type of Review: New 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.
    As part of the benefits authorization process, Code of Federal 
Regulations (CFR) Title 38 Sec.  21.4201 places restrictions on 
enrollment based on the percentage of students receiving financial 
support in any approved program. Except as otherwise provided by 
regulation, VA shall not approve an enrollment in any course for an 
eligible Veteran, not already enrolled, for any period during which 
more than 85 percent of the students enrolled in the course are having 
all or part of their tuition, fees or other charges paid for them by 
the educational institution or by VA under title 38, U.S.C., or under 
title 10, U.S.C. This is known as the 85/15 Rule and is applicable to 
Institutions of Higher Learning (IHLs) and Non-College Degree 
postsecondary schools (NCDs).
    The requirements apply to all courses, not otherwise exempt or 
waived, offered by all educational institutions, regardless of whether 
the institution is degree-granting, proprietary profit, proprietary 
nonprofit, eleemosynary, public and/or tax-supported. These 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.
    This regulation includes a provision that permits an exemption from 
routine reporting if this data for schools that assert the number of VA 
beneficiary students in all programs approved for GI Bill never exceeds 
35% of the total enrollment at the educational institution. If 
approved, such schools must still monitor and collect the data, but are 
exempt from routinely reporting it to VA.
    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 86 FR--No. 145 on August 2, 2021, pages 
41536-41537.
    Affected Public: Individuals or Households.
    Estimated Annual Burden: 500 hours.
    Estimated Average Burden per Respondent: 30 minutes.
    Frequency of Response: Annually.
    Estimated Number of Respondents: 1,000.

    By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration, Data 
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2021-22623 Filed 10-15-21; 8:45 am]
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