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Code · BILL · 116th Congress · H.R. 3512 (Introduced in House) — To protect students of institutions of higher education and the taxpayer investment in institutions of higher educati... · Sec. 4

Sec. 4. Definitions

616 words·~3 min read·/bill/116/hr/3512/ih/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 103 ( 20 U.S.C. 1003 ) is amended— by redesignating paragraphs
(15)through (22), (23), and
(24)as paragraphs
(17)through (24), (26), and (27); by inserting after paragraph
(14)the following: The term revenue sharing arrangement means an arrangement between an institution of higher education and a third party contractor under which— the third party contractor provides, exclusively or nonexclusively, educational products or services to prospective students or students attending the institution of higher education; and the third party contractor 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 contractor in connection with the educational products or services provided to prospective students or students attending the institution of higher education. ; and by inserting after paragraph (24), as redesignated by paragraph (1), the following: The term third party contractor means any State, person, or entity that enters into a contract or agreement, including a revenue sharing arrangement, with an eligible institution of higher education to act on the institution’s behalf, including any entity that— sells the names of prospective students (also known as a lead generator ); or offers services including recruiting, financial aid packaging, curriculum development, facilities management, hiring and oversight of faculty, and the provision of student services representatives, job placement counselors, or other employees (also known as an online program manager ). . Section 102 ( 20 U.S.C. 1002 ) is amended— in subsection (a)(1)(A), by striking proprietary institution and inserting for-profit institution ; and in subsection (b)— in the subsection heading, by striking and inserting Proprietary ; For-Profit in the matter preceding subparagraph
(A)of paragraph (1), by striking proprietary and inserting for-profit ; and in paragraph (2), by striking proprietary each place the term appears and inserting for-profit . The Department of Education Organization Act ( 20 U.S.C. 3401 et seq.) is amended— in section 219 ( 20 U.S.C. 3426 )— in the section heading, by striking and inserting Proprietary ; For-profit by striking Proprietary each place the term appears and inserting For-Profit ; and by striking proprietary each place the term appears and inserting for-profit ; and in section 1, by striking the item relating to section 219 in the table of contents and inserting the following: 219. Liaison for For-Profit Institutions of Higher Education. . The Act ( 20 U.S.C. 1001 et seq.) is amended— in each of sections 435 and 443(b)(8), by striking proprietary each place the term appears and inserting for-profit ; and in section 807(d)(1)(A)(iii), by striking proprietary and inserting for-profit . Section 3(j)(2)(B) of the Scientific and Advanced-Technology Act of 1992 ( 20 U.S.C. 1862i(j)(2)(B) ) is amended by striking proprietary institution and inserting for-profit institution . Any reference to a proprietary institution, as defined in section 102(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ) on the day before the date of enactment of this Act, in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to a for-profit institution, as defined in section 102(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(b) ), as amended by this Act. Any reference to the Liaison for Proprietary Institutions of Higher Education in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Liaison for For-Profit Institutions of Higher Education established under section 219 of the Department of Education Organization Act ( 20 U.S.C. 3401 ), as amended by this Act.
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