20 USC § 1019 - Definitions

# § 1019. Definitions

In this part:

**(1)** **Agent** The term “agent” means an officer or employee of a covered institution or an institution-affiliated organization.

**(2)** **Covered institution** section 1002 of this title

The term “covered institution” means any institution of higher education, as such term is defined in , that receives any Federal funding or assistance.

**(3)** **Education loan** The term “education loan” (except when used as part of the term “private education loan”) means—

**(A)** any loan made, insured, or guaranteed under part B of subchapter IV;

**(B)** any loan made under part D of subchapter IV; or

**(C)** a private education loan.

**(4)** **Eligible lender** section 1085(d) of this title

The term “eligible lender” has the meaning given such term in .

**(5)** **Institution-affiliated organization** The term “institution-affiliated organization”—

**(A)** means any organization that—

**(i)** is directly or indirectly related to a covered institution; and

**(ii)** is engaged in the practice of recommending, promoting, or endorsing education loans for students attending such covered institution or the families of such students;

**(B)** may include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; and

**(C)** notwithstanding subparagraphs (A) and (B), does not include any lender with respect to any education loan secured, made, or extended by such lender.

**(6)** **Lender** The term “lender” (except when used as part of the terms “eligible lender” and “private educational lender”)—

**(A)** means—

**(i)** in the case of a loan made, insured, or guaranteed under part B of subchapter IV, an eligible lender;

**(ii)** in the case of any loan issued or provided to a student under part D of subchapter IV, the Secretary; and

**(iii)** in the case of a private education loan, a private educational lender as defined in section 1650 of title 15; and

**(B)** includes any other person engaged in the business of securing, making, or extending education loans on behalf of the lender.

**(7)** **Officer** The term “officer” includes a director or trustee of a covered institution or institution-affiliated organization, if such individual is treated as an employee of such covered institution or institution-affiliated organization, respectively.

**(8)** **Preferred lender arrangement** The term “preferred lender arrangement”—

**(A)** means an arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution—

**(i)** under which a lender provides or otherwise issues education loans to the students attending such covered institution or the families of such students; and

**(ii)** that relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender; and

**(B)** does not include—

**(i)** arrangements or agreements with respect to loans under part D of subchapter IV; or

**(ii)** arrangements or agreements with respect to loans that originate through the auction pilot program under section 1099d(b) of this title.

**(9)** **Private education loan** section 1650 of title 15

The term “private education loan” has the meaning given the term in .

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**Source Credit**: (Pub. L. 89–329, title I, § 151, as added Pub. L. 110–315, title I, § 120, Aug. 14, 2008, 122 Stat. 3117.)

## Editorial Notes

### Prior Provisions

A prior section 1019, , as added , , , authorized appropriations for education outreach programs, prior to the general amendment of this subchapter by .