Borrower Defenses Regulations

Forms and Documents

Document Name	Status
1845-0142 Supporting Statement 30D 2019 rev.docx Supporting Statement A	2019-11-26

IC Document Collections

IC ID	Document Title	Status
221941	Borrower Defenses Regulations - Private not-for-profit Other-Regulations	Modified
221940	Borrower Defenses Regulations - Private for-profit Other-Regulations	Modified
221939	Borrower Defenses Regulations - Individual Other-Regulations	Modified

ICR Details

OMB Control No: 1845-0142	ICR Reference No: 201909-1845-006
Status: Active	Previous ICR Reference No: 201612-1845-002
Agency/Subagency: ED/FSA	Agency Tracking No:
Title: Borrower Defenses Regulations
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/08/2020
	Date Received in OIRA: 12/02/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	06/30/2020
Responses	11,487	0	670
Time Burden (Hours)	5,531	0	1,049
Cost Burden (Dollars)	0	0	0

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Abstract: The Department of Education (the Department) requests a revision of the current information collection associated with OMB Control Number 1845-0142 due to an increase in the number of borrowers asserting a borrower defense to repayment claim.. The only change to the collection is an update to increase the number of respondents, responses and burden hours. The regulations in §685.222 provide a framework for the borrower defense individual and group process that applies to loans first disbursed on or after July 1, 2017 and before July 1, 2020, including descriptions of the circumstances under which group borrower defense claims could be considered, and the process the Department will follow for borrower defenses for a group. The regulations establish a process for review and determination of a borrower defense for groups identified by the Secretary for which the borrower defense is made regarding a Direct Loans for attendance at a closed school that has not provided financial protection currently available to the Secretary from which to recover any losses based on borrower defense claims, and for which there is no appropriate entity from which the Secretary can otherwise practicably recover such losses. The regulations also establish the process for groups identified by the Secretary for which the borrower defense is asserted with respect to Direct Loans to attend an open school.

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Authorizing Statute(s): US Code: 20 USC 1087e 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:
	84 FR 50442	09/25/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 65975	12/02/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Borrower Defenses Regulations - Individual
Borrower Defenses Regulations - Private not-for-profit
Borrower Defenses Regulations - Private for-profit

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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	11,487	670	0	0	10,817	0
Annual Time Burden (Hours)	5,531	1,049	0	0	4,482	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: This request is for a revision of the currently approved information collection. These changes are due to an adjustment in the estimated number of borrower defense to repayment claims and estimated burden. We are estimating 11,481 respondents and 5,531 burden hours. The increase in burden to this information collection is 4,482 hours.

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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.     No

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.     No

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: 12/02/2019

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