(a) The definitions of the following terms used in this part are set forth in the regulations for Institutional Eligibility under the Higher Education Act of 1965, as amended, 34 CFR part 600:

Federal Family Education Loan (FFEL) Program

Secretary

Title IV, HEA program

(b) The following definitions also apply to this part:

Agent: An officer or employee of a covered institution or an institution-affiliated organization.

Covered institution: Any institution of higher education, proprietary institution of higher education, postsecondary vocational institution, or institution outside the United States, as these terms are defined in 34 CFR part 600, that receives any Federal funding or assistance.

Education loan: Except when used as part of the term “private education loan”,

1. (1) Any loan made, insured, or guaranteed under the Federal Family Education Loan (FFEL) Program;
2. (2) Any loan made under the William D. Ford Federal Direct Loan Program; or

3. (3) A private education loan.

   Institution-affiliated organization: (1) Any organization that—

   1. (i) Is directly or indirectly related to a covered institution; and
   2. (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.

   3. (2) An institution-affiliated organization—

      1. (i) May include an alumni organization, athletic organization, foundation, or social, academic, or professional organization, of a covered institution; and

      2. (ii) Does not include any lender with respect to any education loan secured, made, or extended by such lender.

         Lender: (1) An eligible lender in the Federal Family Education Loan (FFEL) Program, as defined in 34 CFR 682.200(b);

      3. (2) The Department in the Direct Loan program;
      4. (3) In the case of a private educational loan, a private education lender as defined in section 140 of the Truth in Lending Act; and

      5. (4) Any other person engaged in the business of securing, making, or extending education loans on behalf of the lender.

         Officer: 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.

         Preferred lender arrangement: (1) An arrangement or agreement between a lender and a covered institution or an institution-affiliated organization of such covered institution—

         1. (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
         2. (ii) That relates to such covered institution or such institution-affiliated organization recommending, promoting, or endorsing the education loan products of the lender.

         3. (2) A preferred lender arrangement does not include—

            1. (i) Arrangements or agreements with respect to loans made under the William D. Ford Federal Direct Loan Program; or
            2. (ii) Arrangements or agreements with respect to loans that originate through the PLUS Loan auction pilot program under section 499(b) of the HEA.

         4. (3) For purpose of this definition, an arrangement or agreement does not exist if the private education loan provided or issued to a student attending a covered institution is made by the covered institution or by an institution-affiliated organization of the covered institution, and the private education loan is—

            1. (i) Funded by the covered institution's or institution-affiliated organization's own funds;
            2. (ii) Funded by donor-directed contributions;
            3. (iii) Made under title VII or title VIII of the Public Service Health Act; or

            4. (iv) Made under a State-funded financial aid program, if the terms and conditions of the loan include a loan forgiveness option for public service.

               Private education loan: As the term is defined in 12 CFR 226.46(b)(5), a loan provided by a private educational lender that is not a title IV loan and that is issued expressly for postsecondary education expenses to a borrower, regardless of whether the loan is provided through the educational institution that the student attends or directly to the borrower from the private educational lender. A private education loan does not include—

            5. (1) An extension of credit under an open end consumer credit plan, a reverse mortgage transaction, a residential mortgage transaction, or any other loan that is secured by real property or a dwelling; or

            6. (2) An extension of credit in which the educational institution is the lender if—

               1. (i) The term of the extension of credit is 90 days or less; or

               2. (ii) An interest rate will not be applied to the credit balance and the term of the extension of credit is one year or less, even if the credit is payable in more than four installments.

                  (Authority:20 U.S.C. 1019)