Sec. 481. Definitions
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/bill/113/s/2954/is/section-481A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 481 ( 20 U.S.C. 1088 ) is amended— by striking subsection (d); in the subsection heading of subsection (f), by striking ; Definition of by redesignating subsections (b), (c), (e), and
(f)as subsections (f), (m), (c), and (d), respectively, and transferring such subsections to be in alphabetical order based on subsection designation; by inserting after subsection
(a)the following: For purposes of this title, the term commission, bonus, or other incentive payment means a sum of money or something of value, other than a fixed salary or wages, paid to or given to a person or an entity for services rendered. ; by inserting after subsection (d), as redesignated and transferred by paragraph (3), the following: The term eligible military service — in the case of a member of a regular component of the Armed Forces, means full-time duty in the Armed Forces, other than active duty for training (as defined in section 101 of title 38, United States Code) of 30 days or less; in the case of a member of the reserve components of the Armed Forces, means service on active duty under a call or order to active duty under— section 688, 12302, 12304, or 12322 of title 10, United States Code; subsection (a), (d), or
(g)of section 12301 of title 10, United States Code; or section 712 of title 14, United States Code; in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, means, in addition to service described in subparagraph (B), full-time service— in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or in the National Guard under section 502(f) of title 32, United States Code, when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds; and in the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service. The term eligible military service does not include any period during which an individual— was assigned full-time by the Armed Forces to a civilian institution for a course of education that was substantially the same as established courses offered to civilians; serves as a cadet or midshipman at one of the military service academies of the United States; or serves under the provisions of section 12103(d) of title 10, United States Code, pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. ; by inserting after subsection (f), as redesignated and transferred by paragraph (3), the following: For purposes of this title, the term institution affiliate means any person or entity that controls, is controlled by, or is under common control with, an institution of higher education. For purposes of this title, the term military orders , when used with respect to a member of the Armed Forces, means official military orders, or any notification, certification, or verification from the member's commanding officer, with respect to the member's current or future military duty status. For purposes of this title, the term revenue-sharing arrangement means an arrangement between an institution of higher education and third party under which— the third party provides, exclusively or nonexclusively, educational products or services to prospective students or students attending the institution of higher education; and the third party or institution of higher education pays a fee or provides other material benefits, including revenue- or profit-sharing, to the institution of higher education or third party in connection with the educational products or services provided to prospective students or students attending the institution of higher education. For purposes of this title, the term securing enrollments or securing or awarding financial aid — means any activity carried out by a person or entity for the purpose of the admission or matriculation of a student to an institution of higher education or the award of financial aid to a student that occurs at any time until the student has completed the student's educational program at an institution; includes contact in any form with a prospective student, such as contact through preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the institution, attendance at such an appointment, or involvement in a prospective student's signing of an enrollment agreement or financial aid application; and does not include making a payment to a third party for the provision of student contact information for prospective students, as long as such payment is not based on— any additional conduct or action by the third party or any prospective student, such as participation in preadmission or advising activities, scheduling an appointment to visit the enrollment office or any other office of the institution or attendance at such an appointment, or the signing, or being involved in the signing, of a prospective student's enrollment agreement or financial aid application; or the number of students (calculated at any point in time of an educational program) who apply for enrollment, are awarded financial aid, or are enrolled for any period of time, including through completion of an educational program. For purposes of this title, the term service provider means any State, person, or entity that enters into a contract with an eligible institution to administer any aspect of the institution's participation in any program under this title, including— securing enrollments or securing or awarding financial aid; student performance in educational coursework; student graduation; job placement of students; or any other academic facet of a student’s enrollment in an institution of higher education. For purposes of this title, the term student default risk means a risk that is reflected as a percentage that is calculated by taking an institution's 3-year cohort default rate, as defined in section 435(m), for the most recent fiscal year available, and multiplying it by the percentage of students enrolled at such institution receiving a Federal student loan authorized under this title during the previous academic year. .
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