Application for Non-Profit Budget and Credit Counseling Agencies

Forms and Documents

Document Name	Status
Form May 2022 Application for Non-Profit Budget and Credit Counseling Agencies Form and Instruction	New
Application for Non-Profit Budget and Credit Counseling Agencies Form	Unchanged
CC JMD Transmittal Memo 1105-0084.pdf Supplementary Document	2022-05-04
11 USC 111.docx Supplementary Document	2019-10-16
CC JMD Transmittal Memo.pdf Supplementary Document	2019-10-16
JMD Transmittal Memo.pdf Supplementary Document	2016-08-31
1105-0084 CC OMB 83-I Submission Form.pdf Supplementary Document	2016-08-31
1105-0084_11 USC 111_080713.doc Supplementary Document	2013-08-07
OMB 1105-0084 Application Materials.pdf Supporting Statement A	2022-05-04

IC Document Collections

IC ID	Document Title	Status
253221	Application for Non-Profit Budget and Credit Counseling Agencies Form and Instruction	New
11781	Application for Non-Profit Budget and Credit Counseling Agencies Form	Unchanged

ICR Details

OMB Control No: 1105-0084	ICR Reference No: 202205-1105-002
Status: Received in OIRA	Previous ICR Reference No: 201910-1105-002
Agency/Subagency: DOJ/LA	Agency Tracking No: 1105-0084
Title: Application for Non-Profit Budget and Credit Counseling Agencies
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/04/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2022
Responses	172	86
Time Burden (Hours)	735	362
Cost Burden (Dollars)	8,600	4,300

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Abstract: Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Act), Pub.L. 109-8, the United States Trustee (UST) is charged with creating an approved list of credit counseling agencies. Each agency must meet minimum qualifications established by Congress in the new law. The UST needs the information in the application in order to evaluate whether the applicants meet these qualifications established by Congress. The respondents to the application will be credit counseling agencies who seek to counsel individuals before they file for bankruptcy.

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Authorizing Statute(s): PL: Pub.L. 109 - 8 106 Name of Law: Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Act)
  

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:
	87 FR 9384	02/18/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 24344	04/25/2022
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Application for Non-Profit Budget and Credit Counseling Agencies	May 2022	Application for Non-Profit Budget and Credit Counseling Agencies
Application for Non-Profit Budget and Credit Counseling Agencies	NA, NA, NA, NA, NA, NA, Revision 10.16.2019 1105-0084	APPLICATION FOR APPROVAL AS A NONPROFIT BUDGET AND CREDIT COUNSELING AGENCY ,   Appendix A: Acknowledgments, Agreements, and Declarations in Support of Application for Approval as a Nonprofit Budget and Credit Counseling Agency ,   Appendix B: Judicial Districts ,   Appendix C: Business Locations ,   Appendix D: Matrix of Current Counselors ,   Appendix E: Activity Report for Approved Credit Counseling Agencies ,   APPLICATION FOR APPROVAL AS A NONPROFIT BUDGET AND CREDIT COUNSELING AGENCY

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ICR Summary of Burden

	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	172	86	0	86	0	0
Annual Time Burden (Hours)	735	362	0	373	0	0
Annual Cost Burden (Dollars)	8,600	4,300	0	4,300	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: The total annual hour burden increased from 362 hours to 373 hours because the Program made two changes to the application and related instructions and removed two questions from the application. First, the Program added the requirement for returning applicants to complete an application in full every five years (the refreshed renewal application). By requiring periodic restatements of information previously provided, applicants will be more likely to closely review that information to ensure that it is up to date and correct, thus enhancing the Program’s ability to review and approve the applications. In addition, permitting applicants to use the “no change” option indefinitely in their responses creates an unreasonable burden on the Program to retain unnecessary applications as opposed to disposing of them in accordance with a document retention policy. The Program estimates that this modification will increase a returning applicant’s hourly burden by approximately one hour every five years. Second, the instructions now include a broad definition of the term website where before there was none, to ensure that applicants fully disclose their entire presence on the internet. This in turn will enable the Program to better monitor applicants who may have previously undisclosed websites offering credit counseling. The Program estimates that this modification will increase an applicant’s annual hourly burden by only a few minutes.

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Annual Cost to Federal Government: $561,661

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: 05/04/2022

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