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Section 685.301(e)--COD Reporting Requirements by Institutions

Section 685.301(e) provides that institutions originating and disbursing loans under the Direct 

Loan Program must report a student’s “payment data” to the Secretary. The term “payment 

data” is defined in 34 CFR 685.102(b) to mean “an electronic record that is provided to the 

Secretary by an institution showing student disbursement information”. The Department has 

implemented this provision by requiring that institutions electronically report student and 

Direct Loan information to the COD System. The new regulation in §685.200(f) provides that a 

borrower is not eligible to receive an additional Direct Subsidized Loan if the sum of the 

borrower’s subsidized usage periods equals or exceeds the borrower’s maximum eligibility 

period. The new regulation also provides different rules for borrowers who are enrolled in 

teacher certification programs for which the institution awards no academic credential, 

preparatory coursework necessary for enrollment in an undergraduate program, and 

preparatory coursework necessary for enrollment in a graduate or professional program.

The Department will determine whether the borrower has continued eligibility for Direct 

Subsidized Loans. To ensure that the Department has the information necessary to make that 

determination, institutions will be required to report additional information to the 

Department’s COD System. For example, institutions will be required to report: the program’s 

Classification of Instructional Programs (CIP) Code; the credential level of each program; the

length of the program for which the loan is intended; the enrollment status of the borrower at 

the time the loan is disbursed; whether a loan is for a teacher certification program for which 

the institution awards no academic credential; whether a loan is for preparatory coursework 

necessary for enrollment in an undergraduate program; and whether the loan is for 

preparatory coursework necessary for enrollment in a graduate or professional program.

These data will allow the Department to calculate the borrower’s maximum eligibility period, 

subsidized usage period, and remaining eligibility period as described in §685.200(f)(1)(ii)-

(f)(1)(iv), determine whether the borrower is eligible to receive an additional Direct Subsidized 

Loan, and ensure that borrowers do not receive Direct Subsidized Loans if they are no longer 

eligible to receive a Direct Subsidized Loan under §685.200(f)(2). 

To estimate the total increase in burden imposed on institutions of higher education, the 

Department estimated the average number of reports that each institution submitted to COD 

each business day (by institutional type, i.e., public, private, proprietary). We based our 

calculations of estimated burdens on a 248 business-day year (365 days, less 104 weekend days 

and 13 Federal holidays) and that institutions submit data in large batches, not separately, for 

each individual borrower. We estimate that the additional reporting will add 1 minute (0.02 

hours) of additional burden per report. 

Of the 5,847 institutions that disbursed Direct Loans during the most recently completed award 

year, 1,933 of them are public institutions. The average number of reports per day that public 

institutions submit is 2.73. We further estimate that additional reporting will add 26,174 hours 

(1,933 institutions multiplied by 248 business days, multiplied by 2.73 reports per day, 

multiplied by 0.02 hours per report).
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Of the 5,847 institutions that disbursed Direct Loans during the most recently completed award 

year, 1,750 of them are private, not-for-profit institutions. The average number of reports per 

day that private, not-for-profit institutions submit is 1.29. We estimate that additional 

reporting will add 11,197 hours (1,750 institutions multiplied by 248 business days, multiplied 

by 1.29 reports per day, multiplied by 0.02 hours per report).

Of the 5,847 institutions that disbursed Direct Loans during the most recently completed award 

year, 2,164 of them are proprietary institutions. The average number of reports per day that 

proprietary institutions submit is 0.84. We further estimate that additional reporting will add 

9,016 hours (2,164 institutions multiplied by 248 business days, multiplied by 0.84 reports per 

day, multiplied by 0.02 hours per report).

Collectively, as a result of the new reporting requirements created for public, private and 

proprietary institutions, the total burden associated with §685.301(e), under 1845-NEW1, will 

increase by 46,387 hours (26,174 hours for public institutions + 11,197 hours for private, notfor-profit institutions + 9,016 hours for proprietary institutions).

Respondent Type # of Respondents # of Responses Hours/Response Total Hours 

34 CFR 685.301(e) - additional 

reporting to the COD System

 Individuals

 Private Sector

 Business or other for-profits

Proprietary institutions - additional 

reporting to the COD System

2,164 450,804 0.02 9,016

 Not-for profits

Not-for-profit institutions - additional 

reporting to the COD System

1,750 559,860 0.02 11,197

 State, Local, or Tribal Governments

Public institutions - additional 

reporting to the COD System

1,933 1,308,718 0.02 26,174

TOTAL 34 CFR 685.301(e) - additional 

reporting to the COD System

5,847 2,319,383 46,388

Section 685.309(b)--NSLDS Enrollment Reporting by Institutions

Section 685.309(b) provides that eligible institutions that enroll a Direct Loan borrower must 

report information about the borrower’s enrollment to the Secretary. The Department has 

implemented these provisions by requiring institutions to electronically report, at least twice 

per year, student and loan information to NSLDS. The new Direct Subsidized Loan regulations 

in §685.200(f)(3) provide that a borrower becomes responsible for accruing interest on any 

Direct Subsidized Loans he or she previously received if, after the borrower meets or exceeds 
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his or her maximum eligibility period, the borrower enrolls in an undergraduate program of 

equal or shorter duration than the program on which their maximum eligibility period was 

previously based. The new regulations also provide specific rules for borrowers who are 

enrolled in teacher certification programs for which the institution awards no academic 

credential, preparatory coursework necessary for enrollment in a graduate or professional 

program, and programs for which borrowers are not otherwise eligible for Direct Subsidized 

Loans . 

The Department will determine whether the borrower is responsible for accruing interest on 

their previously received Direct Subsidized Loans. To ensure that the Department has the 

information to necessary to make that determination, institutions will be required to report 

additional information to NSLDS. For example, institutions will be required to report: the CIP 

code and the credential level for the program in which a borrower is enrolled; the length of the 

program in academic years, weeks, or months (consistent with current institutional reporting in 

the COD System); and a more detailed enrollment status of the borrower (e.g., full-time, threequarter-time, half-time, or less-than-half-time).

These data will allow the Department to determine whether a borrower who is not eligible for 

additional Direct Subsidized Loans is responsible for accruing interest on his or her previously 

received Direct Subsidized Loans.

To estimate the total increase in burden imposed on institutions of higher education due to the 

new reporting requirements under §685.309(b), we divided institutions into two groups--

institutions that use enrollment servicers, which are more automated and take less time to 

report enrollment to the Department, and institutions that do not use enrollment servicers and 

therefore take longer to report enrollment to the Department. We assumed that each 

institution that reports enrollment does so twice per year (as minimally required). We estimate 

that the additional reporting will, for institutions using an enrollment servicer, add 0.25 hours 

of burden per report. For institutions that do not use an enrollment servicer, we estimate that 

the additional reporting will add 0.5 hours of additional burden per report.

Of the 8,186 institutions that reported enrollment information during the most recently 

completed award year, 2,710 of them are public institutions. Of the 2,710 public institutions, 

2,092 use enrollment servicers. For the 2,092 public institutions that use enrollment servicers, 

we estimate that additional reporting will add 1,046 hours (2,092 institutions multiplied by 0.25 

additional hours per report, multiplied by 2 reports per year). 

Of the 8,196 institutions that reported enrollment information during the most recently 

completed award year, 2,453 of them are private, not-for-profit institutions. Of the 2,453 

private, not-for-profit institutions, 1,894 use enrollment servicers. For the 1,894 private, notfor-profit institutions that use enrollment servicers, we estimate that additional reporting will 

add 947 hours (1,894 institutions multiplied by 0.25 additional hours per report, multiplied by 2 

reports per year).

Of the 8,196 institutions that reported enrollment information during the most recently 

completed award year, 3,033 of them are proprietary institutions. Of the 3,033 proprietary 
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institutions, 2,342 use enrollment servicers. For the 2,342 proprietary institutions that use 

enrollment servicers, we estimate that additional reporting will add 1,171 hours (2,342 

institutions multiplied by 0.25 additional hours per report, multiplied by 2 reports per year). 

Of the 8,186 institutions that reported enrollment information during the most recently 

completed award year, 2,710 of them are public institutions. Of the 2,710 institutions, 618 of 

them do not use enrollment servicers. For the 618 public institutions that do not use 

enrollment servicers, we estimate that additional reporting will add 618 hours (618 institutions 

multiplied by 0.5 additional hours per report, multiplied by 2 reports per year).

Of the 8,196 institutions that reported enrollment information during the most recently 

completed award year, 2,453 of them are private, not-for-profit institutions. Of the 2,453 

private, not-for-profit institutions, 559 of them do not use enrollment servicers. For the 559 

private, not-for-profit institutions that do not use enrollment servicers, we estimate that 

additional reporting will add 559 hours (559 institutions multiplied by 0.5 additional hours per 

report, multiplied by 2 reports per year).

Of the 8,196 institutions that reported enrollment information during the most recently 

completed award year, 3,033 of them are proprietary institutions. Of the 3,033 proprietary 

institutions, 691 of them do not use enrollment servicers. For the 691 proprietary institutions 

that do not use enrollment servicers, we estimate that additional reporting will add 691 hours 

(691 institutions multiplied by 0.5 additional hours per report, multiplied by 2 reports per year). 

Collectively, as a result of the new reporting requirements, the total burden associated with 

§685.309(b), under 1845-NEW1, will be increased by 5,032 hours (1,046 hours for public 

institutions using enrollment servicers + 947 hours for private, not-for-profit institutions using 

enrollment servicers + 1,171 hours for proprietary institutions using enrollment servicers + 618 

hours for public institutions not using enrollment servicers + 559 hours for private, not-forprofit institutions not using enrollment servicers + 691 hours for proprietary institutions that do 

not use enrollment servicers).

Respondent Type # of Respondents # of Responses Hours/Response Total Hours 

34 CFR 685.309(b) - additional 

reporting to NSLDS

 Individuals

 Private Sector

 Business or other for-profits

Proprietary institutions - additional 

reporting to NSLDS - institution uses 

enrollment servicer 2,342 4,684 0.25 1,171

Proprietary institutions - additional 

reporting to NSLDS - institution does 

not use enrollment servicer 691 1,382 0.50 691
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 Not-for profits

Not-for-profit institutions - additional 

reporting to NSLDS - institution uses 

enrollment servicer 1,894 3,788 0.25 947

Not-for-profit institutions - additional 

reporting to NSLDS - institution does 

not use enrollment servicer 559 1,118 0.50 559

 State, Local, or Tribal Governments

Public institutions - additional 

reporting to NSLDS - institution uses 

enrollment servicer

2,092 4,184 0.25 1,046

Public institutions - additional 

reporting to NSLDS - institution does 

not use enrollment servicer 618 1,236 0.50 618

TOTAL 34 CFR 685.309(b) - additional 

reporting to NSLDS

8,196 16,392 5,032

Section 685.304 – Entrance and Exit Counseling for Borrowers by Institutions

The regulations implement a new statutory requirement that significantly limits a borrower’s 

eligibility for Direct Subsidized Loans and potentially results in the borrower becoming 

responsible for accruing interest on existing Direct Subsidized Loans. Under section 485(l) of 

the HEA, which requires that borrowers be provided with entrance and exit counseling on the 

provisions governing federal student aid, institutions will be required to revise the entrance and 

exit counseling provided to borrowers. 

For entrance counseling, the added counseling requirements under §685.304(a)(6)(xiii) will 

require institutions to explain: (1) the limitation on eligibility for Direct Subsidized Loans and 

the possibility that the borrower will become responsible for accruing interest, as described in 

§685.200(f); (2) the possible loss of eligibility for additional Direct Subsidized Loans;(3) how a 

borrower’s maximum and remaining eligibility periods and subsidized usage period are 

determined; (4) the possible borrower responsibility for accruing interest on previously 

received Direct Subsidized Loans; (5) the borrower’s responsibility for payment of all accruing 

interest on Direct Subsidized Loans during in-school, grace, and periods of authorized 

deferment; (6) and the impact of borrower responsibility for accruing interest on the 

borrower’s total debt.

For exit counseling, the requirements added under new §685.304(b)(4)(xii) will require 

institutions to explain:(1) how maximum and remaining periods of eligibility and subsidized 

usage periods are determined under §685.200(f); (2) the sum of the borrower’s subsidized 

usage periods, as determined under §685.200(f)(1)(iii) following enrollment in or completion of 

the borrower’s most recent educational program; (3) the consequences of continued borrowing 

or enrollment, including the possible loss of eligibility for additional Direct Subsidized Loans and 

the possibility that the borrower could become responsible for accruing interest on previously 
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received Direct Subsidized Loans and the portion of a Direct Consolidation Loan that repaid a 

Direct Subsidized Loan, even during in-school periods, grace periods and periods of deferment, 

as described in §685.200(f); (4) the impact of the borrower becoming responsible for accruing 

interest on total student debt; (5) that the Secretary will inform the student borrower of 

whether he or she has become responsible for accruing interest on his or her Direct Subsidized 

Loans; (6) and that the borrower can access NSLDS to determine whether the borrower has 

become responsible for accruing interest on his or her Direct Subsidized Loans, as provided in 

§685.200(f)(3).

The burden associated with entrance and exit counseling is two-fold, there is burden on 

borrowers, who are required to complete entrance counseling by virtue of their participation in 

the Title IV loan programs and there is burden on institutions, which are required to provide 

counseling to such borrowers.

We estimate that each entrance counseling interview will take 2 additional minutes (0.03 

hours) per borrower to complete and estimated that number of borrowers who took entrance 

counseling in the last award year as 2,723,751. Therefore, we estimate that burden will 

increase by 81,713 hours (2,723,751 borrowers multiplied by 1 interview per borrower 

multiplied by 0.03 additional hours per interview).

We estimate that, for all institutions, the additional entrance counseling requirements will add 

1 hour of burden per institution to incorporate new material into their counseling and 

implement new counseling procedures. Of the 5,847 institutions that are required to perform 

entrance counseling, 1,933 are public institutions, 1,750 are private, not-for-profit institutions, 

and 2,164 are proprietary institutions. For the 1,933 public institutions, we estimate that 

burden will increase by 1,933 hours (1,933 institutions multiplied by 1 hour). For the 1,740 

private, not-for-profit institutions, we estimate that burden will increase by 1,750 hours (1,750 

institutions multiplied by 1 hour). Of the 2,164 proprietary institutions, we estimate that 

burden will increase by 2,164 hours (2,164 institutions multiplied by 1 hour). Collectively, we 

estimate that the total burden created for institutions of higher education to provide the added 

entrance counseling is 5,847 hours (1,933 hours + 1,750 hours + 2,164 hours).

We estimate that each exit counseling interview will take an additional 3 minutes (0.05 hours) 

per borrower to complete and estimated the 2,699,275 borrowers took exit counseling in the

most recently completed award year. Therefore, we estimate that burden will increase by 

134,964 hours (2,699,275 borrowers multiplied by 1 interview per borrower multiplied by 0.05

additional hours per interview).

Of the 5,847 institutions, 1,933 are public institutions, 1,750 are private, not-for-profit 

institutions, and 2,164 are proprietary institutions. We estimate that, for all institutions, the 

additional exit counseling requirements will add 1.5 hours of burden per institution to 

incorporate new material into their counseling and implement new counseling procedures. For 

the 1,933 public institutions, we estimate that burden will increase by 2,900 hours (1,933 

institutions multiplied by 1.5 hours). For the 1,750 private, not-for-profit institutions, we 

estimate that burden will increase by 2,625 hours (1,750 institutions multiplied by 1.5 hours). 
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Of the 2,164 proprietary institutions, we estimate that burden will increase by 3,246 hours 

(2,164 institutions multiplied by 1.5 hours). The total burden created for institutions of higher 

education to provide the added exit counseling is 8,771 hours (2,900 hours + 2,625 hours + 

3,246 hours).

Collectively, under 1845-NEW1 the new entrance and exit counseling regulatory requirements 

in section 685.304, will add 231,322 hours ([81,713 + 134,964 for borrowers] + [5,847 + 8,771 

hours for institutions]) of additional burden on institutions and borrowers.

Respondent Type # of Respondents # of Responses Hours/Response Total Hours 

1. 34 CFR 685.304(a)(6)(xii) - entrance 

counseling explaining new provisions 

 Individuals

Students receiving entrance counseling 

explaining new provisions

2,723,751 2,723,751 0.03 81,713

 Private Sector

 Business or other for-profits

Proprietary institutions - provide entrance 

counseling to students explaining new 

provisions

2,164 2,164 1.00 2,164

 Not-for profits

Not-for-profit institutions - provide 

entrance counseling to students 

explaining new provisions

1,750 1,750 1.00 1,750

 State, Local, or Tribal Governments

Public institutions - provide entrance 

counseling to students explaining new 

provisions

1,933 1,933 1.00 1,933

TOTAL 34 CFR 685.304(a)(6)(xii) - exit

counseling explaining new provisions

2,729,598 2,729,598 87,560

2. 34 CFR 685.304(b)(6)(xii) - exit 

counseling explaining new provisions 

 Individuals

Students receiving exit counseling 

explaining new provisions

2,699,275 2,699,275 0.05 134,964

 Private Sector

 Business or other for-profits

Proprietary institutions - provide exit 

counseling to students explaining new 

provisions

2,164 2,164 1.50 3,246

 Not-for profits
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Not-for-profit institutions - provide exit 

counseling to students explaining new 

provisions

1,750 1,750 1.50 2,625

 State, Local, or Tribal Governments

Public institutions - provide exit 

counseling to students explaining new 

provisions

1,933 1,933 1.50 2,900

TOTAL 34 CFR 685.304(b)(6)(xii) - exit 

counseling explaining new provisions

2,705,122 2,705,122 143,734