112 STAT. 1750 PUBLIC LAW 105-244—OCT. 7, 1998
- (3) monitor fluctuations in the student population enrolled
in the participating institutions, systems or consortia; and "(4) consult with appropriate accrediting agencies or associations and appropriate State regulatory authorities. "(h) DEFINITION. —For the purpose of this section, the term 'distance education' means an educational process that is characterized by the separation, in time or place, between instructor and student. Such term may include courses offered principally through the use of— "(1) television, audio, or computer transmission, such as open broadcast, closed circuit, cable, microwave, or satellite transmission; "(2) audio or computer conferencing; "(3) video cassettes or discs; or "(4) correspondence.". SEC. 489. PROGRAM PARTICIPATION AGREEMENTS. (a) REQUIRED CONTENT.—Section 487(a) (20 U.S.C. 1094(a)) is amended— (1) in paragraph (3)— (A) by striking subparagraph (B); and (B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (2) in paragraph (4), by striking "subsection (b)" and inserting "subsection (c)"; (3) in paragraph (9), by striking "part B" and inserting "part B or D"; (4) in psuragraph (14)— (A) in subparagraph (A), by striking "part B" and inserting "part B or D"; and (B) in subparagraph (B), by striking "part B" and inserting "part B or D"; and (C) by adding at the end the following: "(C) TTiis paragraph shall not apply in the case of an institution in which (i) neither the parent nor the subordinate institution has a cohort default rate in excess of 10 percent, and (ii) the new owner of such psirent or subordinate institution does not, and has not, owned any other institution with a cohort default rate in excess of 10 percent."; (5) in paragraph (15), by striking "State review entities" and inserting "the State agencies"; (6) by amending paragraph (18) to read as follows: "(18) The institution will meet the requirements established pursuant to section 485(g)."; and (7) by amending paragraph (21) to read as follows: "(21) The institution will meet the requirements established by the Secretary and accrediting agencies or associations, and will provide evidence to the Secretary that the institution has the authority to operate within a State.". (b) PROVISION OF VOTER REGISTRATION FORMS. — (1) PROGRAM PARTICIPATION REQUIREMENT.— Section 487(a) (20 U.S.C. 1094(a)) is amended by adding at the end the following: "(23)(A) The institution, if located in a State to which section 4(b) of the National Voter Registration Act (42 U.S.C. 1973gg-2(b)) does not apply, will make a good faith effort to distribute a mail voter registration form, requested and
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