[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 75059-75060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20785]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0896]


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

AGENCY: Veterans Benefits Administration, Department of Veterans 
Affairs.

ACTION: Notice.

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SUMMARY: Veterans Benefits Administration, 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 revision of a 
currently approved collection, and allow 60 days for public comment in 
response to the notice.

DATES: Comments must be received on or before November 12, 2024.

ADDRESSES: Comments must be submitted through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: 
    Program-Specific information: Nancy Kessinger, 202-632-8924, 
[email protected].
    VA PRA information: Maribel Aponte, 202-461-8900, 
[email protected].

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

[[Page 75060]]

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 collection of 
information on respondents, including through the use of automated 
collection techniques or the use of other forms of information 
technology.
    Title: 35% Exemption Request From 85/15 Reporting Requirement, VA 
Form 22-10216.
    OMB Control Number: 2900-0896.
    Type of Review: Revision of a currently approved collection.
    Abstract: As part of the benefits authorization process, Code of 
Federal Regulations (CFR) 38 CFR 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.
    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. 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 of this data for schools that assert that 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. The VA uses data from this 
information collection to determine that non-receipt of the routine 
reporting of 85/15 data is authorized by certain schools. Schools with 
an approved exemption are required to provide the complete 85/15 data 
during regular, periodic compliance survey reviews by VA to ensure no 
more than 85% of students in any approved program are students in 
receipt of financial support from the educational institution or by VA 
under title 38, U.S.C., or under title 10, U.S.C. Without this 
information, VA might pay benefits in error.
    Affected Public: Educational Institutions.
    Estimated Annual Burden: 1,411 hours.
    Estimated Average Burden per Respondent: 30 minutes.
    Frequency of Response: Annually.
    Estimated Number of Respondents: 2,822.
    Authority: 44 U.S.C. 3501 et seq.

Dorothy Glasgow,
VA PRA Clearance Officer, (Alt.) Office of Enterprise and Integration/
Data Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2024-20785 Filed 9-12-24; 8:45 am]
BILLING CODE 8320-01-P