Borrower Defenses Against Loan Repayment

Forms and Documents

Document	Type	Status	Availability
Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Modified	Repair queued
Heald College Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Modified	Repair queued
60D Comment Response Summary.docx	Supplementary Document	Uploaded 2018-11-19	Available
1845-0132 Supporting Statement Borrower Defenses 30D.docx	Supporting Statement A	Uploaded 2018-11-19	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
216710	Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Modified
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: 201809-1845-001
Status: Active	Previous ICR Reference No: 201806-1845-002
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Borrower Defenses Against Loan Repayment
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: 02/22/2019
	Date Received in OIRA: 11/26/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2022	36 Months From Approved	02/28/2019
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 for an extension of the current information collection for Form 1845-0132. The U.S. Department of Education continues to require the collection of this information from borrowers who believe they have cause to invoke the borrower defense to loan repayment forgiveness of a student loan. There is no change to statutory or regulatory requirements. This collection continues to be necessary to ensure Heald, Everest and/or WyoTech College borrowers who wish to invoke the borrower defense against repayment of federal student loans can do so in a uniform and informed manner. It will also allow for the uniform and directed collection of minimum borrower defense information from other federal student loan borrowers that attended the school who believe they can provide evidence of such an application for loan forgiveness.

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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:
	83 FR 47614	09/20/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 60413	11/26/2018
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
Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	N/A, N/A	N/A ,   N/A
Heald College Attestation/Application for Borrower Defense to Repayment Loan Discharge	N/A, N/A	N/A ,   N/A

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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: 11/26/2018

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