Sec. 491. Contents of program participation agreements
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Section 487(a) ( 20 U.S.C. 1094(a) ) is amended in the matter before paragraph
(1)by striking , except with respect to a program under subpart 4 of part A . Section 487(a)(5) ( 20 U.S.C. 1094(a)(5) ) is amended by striking and, in the case of an institution participating in a program under part B or part E, to holders of loans made to the institution’s students under such parts . Section 487(a) ( 20 U.S.C. 1094(a) ) is amended by striking paragraph (6). Section 487(a)(9) ( 20 U.S.C. 1094(a)(9) ) is amended by striking in a program under part B or D and inserting in a loan program under this title . Section 487(a)(10) ( 20 U.S.C. 1094(a)(10) ) is amended by inserting under section 118 after drug abuse prevention program . Section 487(a)(14) ( 20 U.S.C. 1094(a)(14) ) is amended— by striking under part B or D both places it appears and inserting a loan program under this title ; by striking Default Management Plan both places it appears and inserting Repayment Success Plan ; and in subparagraph (C), by striking a cohort default rate in excess of 10 percent both places it appears and inserting any program with a loan repayment rate less than 65 percent . Section 487(a)(20) ( 20 U.S.C. 1094(a)(20) ) is amended— by striking The institution and inserting
(A)Except as provided in subparagraph (B), the institution ; and by adding at the end the following new subparagraph: An institution described in section 101 may provide payment, based on— the amount of tuition generated by the institution from student enrollment, to a third-party entity that provides a set of services to the institution that includes student recruitment services, regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment, if— the third-party entity is not affiliated with the institution providing such payment; the third-party entity does not make compensation payments to its employees that would be prohibited under subparagraph
(A)if such payments were made by the institution; the set of services provided to the institution by the third-party entity include services in addition to student recruitment services, and the institution does not pay the third-party entity solely or separately for student recruitment services provided by the third-party entity; and any student recruitment information available to the third-party entity, including personally identifiable information, will not be used by, shared with, or sold to any other person or entity, including any institution that is affiliated with the third-party entity, unless written consent is provided by the student; and students successfully completing their educational programs, to persons who were engaged in recruiting such students, but solely to the extent that such payments— are obligated to be paid, and are actually paid, only after each student upon whom such payments are based has successfully completed his or her educational program; and are paid only to employees of the institution or its parent company, and not to any other person or outside entity. . Section 487(a)(21) ( 20 U.S.C. 1094(a)(21) ) is amended by striking within a State and inserting within a State in which it maintains a physical location . Section 487(a)(23) ( 20 U.S.C. 1094(a)(23) ) is amended to read as follows: The institution, if located in a State to which section 4(b) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–2(b) ) does not apply, will make a good faith effort to distribute, including through electronic transmission, voter registration forms to students enrolled and physically in attendance at the institution. . Section 487(a)(29) ( 20 U.S.C. 1094(a)(29) ) is amended to read as follows: The institution will have a policy prohibiting copyright infringement. . Section 487(h)(1) ( 20 U.S.C. 1094(h)(1) ) is amended— in subparagraph (A)— in clause (i), by inserting and after the semicolon; by striking clause (ii); and by redesignating clause
(iii)as clause (ii); in subparagraph (D), by inserting and after the semicolon; in subparagraph (E), by striking ; and and inserting a period; and by striking subparagraphs
(C)and
(F)and redesignating subparagraphs
(D)and
(E)as subparagraphs
(C)and (D), respectively. Section 487 ( 20 U.S.C. 1094 ), is further amended— in subsection (a), by striking paragraph (24); by striking subsection (d); and by redesignating subsections
(e)through
(j)as subsections
(d)through (i), respectively. The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) is amended— in section 487(a) ( 20 U.S.C. 1094(a) ), as amended by this section— by redesignating paragraphs
(7)through (23), as paragraphs
(6)through (22), respectively; and by redesignating paragraphs
(25)through
(29)as paragraphs
(23)through (27), respectively; in section 487(c)(1)(A)(iii) ( 20 U.S.C. 1094(c)(1)(A)(iii) ), by striking section 102(a)(1)(C) and inserting section 102(a)(1) ; and in section 487(h)(4) ( 20 U.S.C. 1094(h)(4) ), as redesignated by subsection (l)(3), by striking section 102 and inserting section 101 or 102 .
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- 42 USC 1973gg–2(b)
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