Borrower Defenses Against Loan Repayment

Forms and Documents

Document	Type	Status	Availability
Heald College Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Modified	Available
signed 1845-0132 83c 2018-03-13-093811.pdf	Justification for No Material/Nonsubstantive Change	Uploaded 2018-03-13	Available
83C 1845-0132 signed 2016-03-03.pdf	Justification for No Material/Nonsubstantive Change	Uploaded 2016-03-03	Repair queued
Signed request to add new instrument 1845-0132 2016-03-01.pdf	Supplementary Document	Uploaded 2016-03-03	Available
1845-0132 Department of Education replies from 60 day comment period.docx	Supplementary Document	Uploaded 2015-09-14	Repair queued
Supporting Statement A Borrower Defenses extension 9 15 2015.docx	Supporting Statement A	Uploaded 2015-09-14	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
216710	Website Information for Borrower Defense to Repayment Loan Discharge	Instruction	Unchanged
216709	Heald College Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Modified

ICR Details

OMB Control No: 1845-0132	ICR Reference No: 201803-1845-002
Status: Historical Active	Previous ICR Reference No: 201603-1845-003
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Borrower Defenses Against Loan Repayment
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/15/2018
	Date Received in OIRA: 03/13/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2018	11/30/2018	11/30/2018
Responses	150,000	0	150,000
Time Burden (Hours)	150,000	0	150,000
Cost Burden (Dollars)	0	0	0

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Abstract: This is a request to for an extension of the emergency clearance that was granted on this collection on June 5, 2015 to facilitate the continued collection of information from borrowers who believe they have cause to invoke the borrower defenses against repayment of a student loan as noted in regulation. The regulations for borrower defenses are specified in 34 CFR 685.206(c). The regulation states, in part, "(c)(1) [i]n any proceeding to collect on a Direct Loan, the borrower may assert as a defense against repayment, an act or omission of the school attended by the student that would give rise to a cause of action against the school under applicable State law." Prior to 2015, the borrower defense identified above was rarely asserted by any borrowers and no specific methods of collecting information was defined or found necessary. These processes are being offered to aid in preserving borrowers rights and to meet the fiduciary responsibilities of the federal student loan programs. These collections will allow the Department of Education to inform borrowers and loan servicers of the information needed to review and adjudicate requests for relief under borrower defenses regulations.

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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:
	80 FR 34393	06/16/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 55839	09/17/2015
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Website Information for Borrower Defense to Repayment Loan Discharge
Heald College Attestation/Application for Borrower Defense to Repayment Loan Discharge	N/A, N/A, N/A	Attestation Heald ,   Visually Impaired User Form ,   Everest_WyoTech_Attestation_Form

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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	150,000	150,000	0	0	0	0
Annual Time Burden (Hours)	150,000	150,000	0	0	0	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:

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Annual Cost to Federal Government: $0

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? Uncollected

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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: 03/13/2018

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