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VA RIN: 2900-AQ84 Publication ID: Fall 2021 
Title: Amendments to 85/15 Rule Calculations, Waiver Criteria, and Reports 

The Department of Veterans Affairs (VA) is proposing to amend existing regulations to eliminate the four 85/15 rule calculation exemptions for students in receipt of certain types of institutional aid. Currently, VA regulations provide exceptions that allow certain categories of students to be considered non-supported for purposes of the 85/15 rule notwithstanding their receipt of institutional aid. This proposal will eliminate these exceptions, thus clarifying the types of scholarships that educational institutions must include in their calculations of supported students. Also, VA is proposing to revise the criteria considered by the Director of Education Service when granting an 85/15 rule compliance waiver. Lastly, VA is proposing to amend the timeline for certain educational institutions’ submission of 85/15 compliance reports.

Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 21.4201(f)(1)    38 CFR 21.4201(e)(2)(i), (ii), (iii)    38 CFR 21.4201(e)(3)    38 CFR 21.4201(h)   
Legal Authority: 2 U.S.C. 1532    10 U.S.C. 2141   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Cheryl Amitay
Chief, Policy and Regulation Development Staff (225C), Education Service
Department of Veterans Affairs
810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 461-9700