12 2 STA T .3 2 5 5 PUBLIC LA W 11 0– 315 — AU G .1 4, 200 8reimbu r s eme nt, t h e p r ov ision o f inform a tion te c hno l o gy e q uipment at belo w- mar k et value, a d ditional financial aid funds, or other inducements, to any institution of higher education or any employee of an institution of higher edu- cation in order to secure applicants for loans under this part
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‘ (B) conducted unsolicited mailings, by postal or elec- tronic means, of student loan application forms to students enrolled in secondary schools or postsecondary institutions, or to family members of such students, e x cept that applica- tions may be mailed, by postal or electronic means, to students or borrowers who have previously received loans under this part from such lender; ‘‘( C ) entered into any type of consulting arrangement, or other contract to provide services to a lender, with an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to student loans or other financial aid of the institution; ‘‘( D ) compensated an employee who is employed in the financial aid office of an institution of higher education, or who otherwise has responsibilities with respect to stu- dent loans or other financial aid of the institution, and who is serving on an advisory board, commission, or group established by a lender or group of lenders for providing such service, except that the eligible lender may reimburse such employee for reasonable expenses incurred in pro- viding such service; ‘‘( E ) performed for an institution of higher education any function that such institution of higher education is required to perform under this title, except that a lender shall be permitted to perform functions on behalf of such institution in accordance with section 485 (b); ‘‘( F ) paid, on behalf of an institution of higher edu- cation, another person to perform any function that such institution of higher education is required to perform under this title, except that a lender shall be permitted to perform functions on behalf of such institution in accordance with section 485(b); ‘‘( G ) provided payments or other benefits to a student at an institution of higher education to act as the lender ’ s representative to secure applications under this title from individual prospective borrowers, unless such student — ‘‘(i) is also employed by the lender for other pur- poses; and ‘‘(ii) made all appropriate disclosures regarding such employment; ‘‘( H ) offered, directly or indirectly, loans under this part as an inducement to a prospective borrower to pur- chase a policy of insurance or other product; or ‘‘( I ) engaged in fraudulent or misleading advertising . It shall not be a violation of this paragraph for a lender to provide technical assistance to institutions of higher education comparable to the kinds of technical assistance provided to institutions of higher education by the Department.’’.
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