Borrower Defenses Against Loan Repayment

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Removed	Available
Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Removed	Available
Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Removed	Repair queued
Borrower Defenses Against Loan Repayment	Form and Instruction	Modified	Available
Borrower Defenses Against Loan Repayment	Form and Instruction	Modified	Available
Borrower Defenses Against Loan Repayment	Form and Instruction	Modified	Repair queued
1845-0132 Supporting Statement Borrower Defenses 30D 2022.docx	Supporting Statement A	Uploaded 2022-01-05	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
216710	Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Removed	N/A
216710	Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Removed	N/A
216710	Everest/WyoTech Attestation/Application for Borrower Defense to Repayment Loan Discharge	Form and Instruction	Removed
216709	Borrower Defenses Against Loan Repayment	Form and Instruction	Modified	N/A
216709	Borrower Defenses Against Loan Repayment	Form and Instruction	Modified	N/A
216709	Borrower Defenses Against Loan Repayment	Form and Instruction	Modified

ICR Details

OMB Control No: 1845-0132	ICR Reference No: 202110-1845-004
Status: Historical Active	Previous ICR Reference No: 201809-1845-001
Agency/Subagency: ED/FSA	Agency Tracking No: ED-2021-SCC-0155
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 with change	Conclusion Date: 03/03/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 01/10/2022
Terms of Clearance: Clarifying change made to forms in response to comments received.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2025	36 Months From Approved	03/31/2022
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 (ED) continues to require the collection of this information from borrowers who believe they have cause to request the borrower defense to loan repayment forgiveness of a student loan as noted in regulation in 1998 Reauthorization of the Higher Education Act (HEA) (Sec. 455(h)). This burden 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.

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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:
	86 FR 60454	11/02/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 1129	01/10/2022
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Borrower Defenses Against Loan Repayment	N/A, N/A	N/A ,   N/A
Everest/WyoTech 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

table that charts list 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	-100,000	100,000	0
Annual Time Burden (Hours)	150,000	150,000	0	-100,000	100,000	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: This is request for an extension of the currently approved information collection. There is no change to statutory or regulatory requirements. We continue to estimate a total of 150,000 responses, resulting in a total of 150,000 burden hours for 150,000 borrowers. This burden 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. ROCIS note: Program change comes to 0 due to removing an IC and adding it to the other IC.

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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? 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: 01/10/2022

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