Application for Borrower Defense to Loan Repayment Form

Forms and Documents

Document Name	Status
Application for Borrower Defense to Loan Repayment Form and Instruction	Modified
1845-0146_BD Supporting Statement Universal 30D.docx Supporting Statement A	2019-12-30

IC Document Collections

IC ID	Document Title	Status
222080	Application for Borrower Defense to Loan Repayment Form and Instruction	Modified

ICR Details

OMB Control No: 1845-0146	ICR Reference No: 201910-1845-005
Status: Active	Previous ICR Reference No: 201806-1845-001
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Application for Borrower Defense to Loan Repayment Form
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/08/2020
	Date Received in OIRA: 12/30/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	06/30/2020
Responses	96,000	0	10,000
Time Burden (Hours)	48,000	0	10,000
Cost Burden (Dollars)	0	0	0

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Abstract: The Department of Education (the Department) requests approval of this extension without change of the Application for Borrower Defense to Loan Repayment form (“Universal Borrower Defense Form”) to ensure that all borrowers have a consistent platform to petition for relief, and to facilitate the Department’s receipt of clear and complete information necessary to process applications efficiently. This form will facilitate processing claims from student borrowers who believe that they have a Borrower Defense claim regarding their Federal Loans. The form will provide borrowers with an easily accessible and clear method to provide the information necessary for the Department to review and process claim applications efficiently. A successful Borrower Defense claim would provide a full or partial discharge of a borrower’s loans, and if appropriate, reimbursement of amounts previously paid.

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Authorizing Statute(s): US Code: 20 USC 1087e(h) Name of Law: Higher Education Act of 1965, as amended
  

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:
	84 FR 57863	10/29/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 71907	12/30/2019
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
Application for Borrower Defense to Loan Repayment	N/A	Application for Borrower Defense to Loan Repayment

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ICR Summary of Burden

	Total Approved	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	96,000	10,000	0	0	86,000	0
Annual Time Burden (Hours)	48,000	10,000	0	0	38,000	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement: This is a request for an extension of the current information collection. There is no change to current statutory or regulatory requirements. We estimate a total of 96,000 responses at 30 minutes per response completion time, resulting in a total of 48,000 burden hours for an increase of 38,000 hours and 80,000 borrowers. This adjustment to the current burden s necessary to more accurately assess the estimated burden to borrowers who wish to invoke the Borrower Defense by doing so in a uniform and efficient manner.

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Annual Cost to Federal Government: $1,000,000

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.     Yes

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.     Yes

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: 12/30/2019

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