Borrower Defense to Loan Repayment Universal Forms

Forms and Documents

Document	Type	Status	Availability
Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified	Repair queued
Borrower Defense to Repayment Application Comment Responses.docx	Supplementary Document	Uploaded 2025-05-13	Repair queued
1845-0163 BD Application Supporting Statement_30 Day.docx	Supporting Statement A	Uploaded 2025-05-13	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
258036	Borrower Defense to Loan Repayment Universal Forms	Other-Affidavit for Institutional Response	Removed
258035	Borrower Defense to Loan Repayment Universal Forms	Other-Affidavit for Institutional Response	Removed
258034	Borrower Defense to Loan Repayment Universal Forms	Other-Affidavit for Institutional Response	Removed
240135	Borrower Defense to Loan Repayment Universal Forms	Form and Instruction	Modified

ICR Details

OMB Control No: 1845-0163	ICR Reference No: 202501-1845-001
Status: Received in OIRA	Previous ICR Reference No: 202307-1845-007
Agency/Subagency: ED/FSA	Agency Tracking No: ED-2025-SCC-0002
Title: Borrower Defense to Loan Repayment Universal Forms
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 05/19/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2026
Responses	83,750	378,230
Time Burden (Hours)	217,750	990,034
Cost Burden (Dollars)	0	0

---

Abstract: On April 4, 2024 the U.S. Court of Appeals of the Fifth Circuit granted a preliminary injunction against 34 § 685.400 et seq ("2023 Regulation") enjoining the rule and postponing the effective date of the regular pending final judgment in the case. The current Borrower Defense to Repayment application and related Request for Reconsideration are drafted to conform to the enjoined provisions of the 2023 Regulation. This request is to revise the currently approved information collection 1845-0163 to comply with the regulatory requirements of the borrower defense regulations that are still in effect, 34 C.F.R. § 685.206(e) ("2020 Regulation"), 34 C.F.R. § 685.222 ("2016 Regulation"), and 34 C.F.R. § 685.206(c) ("1995 Regulation") (together, the "current regulations"). These regulatory requirements are distinct from the 2023 Regulation's provisions. The revision is part of contingency planning in case the 2023 Regulation is permanently struck down. The Department of Education ("the Department") is attaching an updated Borrower Defense Application and application for Request for Reconsideration. The forms will be available in paper and electronic forms on studentaid.gov and will provide borrowers with an easily accessible and clear method to provide the information necessary for the Department to review and process claim applications. Also, under the current regulations, the Department will no longer require a group application nor group reconsideration application.

---

Authorizing Statute(s): US Code: 20 USC 1070g, 1087a Name of Law: Higher Education Act of 1965, as amended
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 3194	01/14/2025
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 21296	05/19/2025
Did the Agency receive public comments on this ICR? Yes

---

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

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

---

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	83,750	378,230	0	-294,480	0	0
Annual Time Burden (Hours)	217,750	990,034	0	-772,284	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: We have amended our estimates to complete a borrower defense application to 3 hours per borrower for a new total of 217,750 hours (990,034-772,284). This is based on a previous analysis completed using a similar application form and takes into consideration all of the mandatory fields. The change reflects the lower estimates for anticipated total responses per year than previously estimated for a new total of 83,750 (378,230-83,750). Also, under the current regulations, the Department will no longer require a group application nor group reconsideration application. The decrease in total burden reflects this change and the anticipated total response number.

---

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

---

Common Form ICR:  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:

(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: 05/19/2025

---