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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1845-0102
ICR Reference No:
202503-1845-001
Status:
Active
Previous ICR Reference No:
202312-1845-003
Agency/Subagency:
ED/FSA
Agency Tracking No:
Title:
Income Driven Repayment Plan Request for the William D. Ford Federal Direct Loans and Federal Family Education Loan Programs
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
03/31/2025
OIRA Conclusion Action:
Approved without change
Conclusion Date:
03/24/2025
Retrieve Notice of Action (NOA)
Date Received in OIRA:
03/22/2025
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2025
6 Months From Approved
04/30/2027
Responses
9,500,000
0
9,500,000
Time Burden (Hours)
3,135,000
0
3,135,000
Cost Burden (Dollars)
0
0
0
Abstract:
The Department of Education (Department) is requesting an emergency clearance for this revision of the information collection, 1845-0102. Additionally, we are requesting that the full clearance package be filed at the same time and that the Department will initiate the 60-day public comment period upon notification of emergency approval. Section 493C of the Higher Education Act of 1965, as amended (the HEA), authorizes the Income-Based Repayment (IBR) Plan for borrowers who obtain student loans through the Federal Family Education Loan (FFEL) Program and William D. Ford Federal Direct Loan (Direct Loan) Program. Section 455(d) of the HEA authorizes income-contingent repayment plans for borrowers who obtain student loans through the Direct Loan Program. The regulations that govern the IBR plan are in 34 CFR 682.215 and 685.221. The regulations that govern the income-contingent repayment plans are in 34 CFR 685.209. There are two income-contingent repayment plans: the Pay As You Earn (PAYE) Plan, and the Income-Contingent Repayment (ICR) Plan. These plans are collectively referred to as Income Driven Repayment (IDR) plans. In 2021, the Secretary initiated a negotiated rulemaking process to create a new IDR plan. As a result of these negotiations, a final Rule was published July 10, 2023, introducing the Saving on an Affordable Education (SAVE) Plan as a replacement for the REPAYE Plan and making additional changes to all IDR plans to make them more consistent. An injunction was initially filed on August 9, that prevented the implementation of the provisions specific to the SAVE Plan and on February 18, 2025, the injunction was expanded to enjoin the entirety of the Final Rule that went into effect July 1, 2024, which included provisions that had already been implemented related to the other IDR plans. Under the statute, a borrower who wishes to repay under an Income Contingent or Income Based repayment plan must annually provide their Adjusted Gross Income (AGI) reported to the Internal Revenue Service (IRS). A borrower must also annually certify their family size. If a borrower’s AGI is not available, or if the borrower believes that their current AGI does not reasonably reflect their current income, regulations allow that they may provide alternative documentation of income for purposes of determining whether they (1) qualify for the repayment plan requested, (2) qualify to continue making income-driven payments, and (3) calculate their monthly payment amount. The Department is updating the IDR Request Form that is used by a borrower to enroll, recertify, or change their IDR plan to support the provisions identified by the court injunction issued February 18, 2025. Specifically, the form is being updated to remove the SAVE plan as an option for borrowers to select and remove the other early-implemented components of the Final Rule that apply to the other IDR plans (i.e., revert the definition of family size to the pre- July 1, 2024, definition for all IDR plans and remove references to interest subsidy during repayment), additional updates to improve clarity and the borrower experience as a result of these changes have also been made.
Emergency Justfication:
Request for emergency clearance no later than March 31, 2025, for a revised Income-Driven Repayment (IDR) Plan Request form to incorporate updates which align with the revised court ordered injunction issued February 18, 2025 regarding the provisions in effect governing repayment plans under the Higher Education Act of 1965, as amended (HEA) and current FSA operational limitations due to court actions. Pursuant to the Office of Management and Budget (OMB) procedures established at 5 C.F.R. part 1320, the U.S. Department of Education (Department) requests that the information collection 1845-0102, IDR Plan Request form, be processed in accordance with 5 C.F.R. § 1320.13 Emergency Processing. We are also requesting that the full clearance package be filed at the same time and note that the Department will initiate the 60-day public comment period upon notification of emergency approval. The Department is requesting emergency clearance to update the Income-Driven Repayment (IDR) Plan form (1845-0102) so that it complies with the revised injunction. Borrowers may experience undue financial hardship if the Department is unable to provide a form that includes only the available plans and the terms and conditions currently in effect as a result of court orders, and if borrowers do not have clear information about the current operational method for submitting income data for calculating payments for their selected IDR plan. The resulting updated form reverts to a version of the form previously approved and developed with stakeholder input, but without the SAVE Plan (or REPAYE Plan that preceded the SAVE Plan) as it is subject to the injunction.
Authorizing Statute(s):
US Code:
20 USC 455(d)
Name of Law: Higher Education Act of 1965, as amended
US Code:
20 USC 493C
Name of Law: Higher Education Act of 1965, as amended
Citations for New Statutory Requirements:
PL: Pub.L. 116 - 91 3 Name of Law: FUTURE Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Income Driven Repayment Plan Request for the William D. Ford Federal Direct Loans and Federal Family Education Loan Programs
N/A
Income Driven Repayment Plan Request for the William D. Ford Federal Direct Loans and Federal Family Education Loan Programs
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
9,500,000
9,500,000
0
0
0
0
Annual Time Burden (Hours)
3,135,000
3,135,000
0
0
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:
No
Burden Reduction Due to:
Short Statement:
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
Agency Contact:
Carolyn Rose 202 803-1502
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:
03/22/2025
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