Borrower Defense to Loan Repayment Universal Form

ICR 202109-1845-001

OMB: 1845-0163

Federal Form Document

Forms and Documents
Document
Name
Status
Form and Instruction
Modified
Justification for No Material/Nonsubstantive Change
2021-09-01
Supplementary Document
2020-11-24
Supplementary Document
2020-10-29
Supplementary Document
2020-10-29
Supplementary Document
2020-08-25
Supplementary Document
2020-08-25
Supporting Statement A
2020-08-25
IC Document Collections
ICR Details
1845-0163 202109-1845-001
Received in OIRA 202002-1845-003
ED/FSA ED-2020-SCC-0043
Borrower Defense to Loan Repayment Universal Form
No material or nonsubstantive change to a currently approved collection   No
Regular 09/01/2021
  Requested Previously Approved
11/30/2023 11/30/2023
96,000 96,000
48,000 48,000
0 0

The Department of Education (the Department) amends the William D. Ford Federal Direct Loan (Direct Loan) Program regulations issued under the Higher Education Act of 1965, as amended (HEA), to implement changes made to the regulations in §685.206(e) - Borrower responsibilities and defenses. These final regulations are a result of negotiated rulemaking and will add a new requirement to the current regulations. These final regulations require the collection of this information from borrowers who believe they qualify for a borrower defense to repayment discharge, as permitted under Section 455(h) of the Higher Education Act of 1965, as amended. The regulations provide, among other things, for the Secretary to discharge a borrower’s Direct Loan based on the loan in question being disbursed after July 1, 2020. The Department is attaching a list of elements that we are proposing be included on a revised Application for Borrower Defense to Loan Repayment form (Universal Borrower Defense Application). This revised form will be based on the current Universal Borrower Defense Application, OMB control number 1845-0146, and will facilitate processing claims from all borrowers who believe that they have a valid borrower defense claim.

US Code: 20 USC 1087e(h) Name of Law: Higher Education Act of 1965, as amended
  
None

Not associated with rulemaking

  85 FR 12777 03/04/2020
85 FR 53350 08/28/2020
Yes

1
IC Title Form No. Form Name
Borrower Defense to Loan Repayment Universal Form N/A N/A

  Total Request 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 96,000 0 0 0 0
Annual Time Burden (Hours) 48,000 48,000 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
This request is for a new information collection. This reflects the requirements of the final regulations offered through program change. This proposed burden duplicates the current Universal Borrower Defense Application, OMB control number 1845-0146 which will be replaced by this application upon approval. The burden estimated for this information collection is 48,000 hours based on additional estimated .5 hours for 96,000 individual responses.

$1,000,000
No
    Yes
    Yes
No
No
No
No
Beth Grebeldinger 202 708-8242

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
09/01/2021


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