; and (B) by striking section 151(3)(A) and inserting section 151(4)(A) ; and (2) in subsection (b)(2), by inserting for education loans after model disclosure form . V Applying existing consumer protections to income share agreements 501. Equal access to income share agreements (a) Activities constituting discrimination It shall be unlawful for any ISA provider to discriminate against any applicant, with respect to any aspect of an income share agreement— (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant’s income derives from any public assistance program (except for those excluded from the definition of income established by the income share agreement); or (3) because the applicant has in good faith exercised any right under this Act. (b) Activities not constituting discrimination It shall not constitute discrimination for purpose of subsection (a) for an ISA provider— (1) to make an inquiry of the applicant’s age or of whether the applicant’s income derives from any public assistance program, if such inquiry is for the purpose of determining the amount and probable continuance of income levels, credit history, or other pertinent element of creditworthiness as provided in regulations of the Bureau; (2) to use any empirically derived credit system that considers age if that system is demonstrably and statistically sound in accordance with regulations of the Bureau, except that in the operation of such a system, the age of an elderly applicant may not be assigned a negative factor or value; (3) to make an inquiry of, or to consider the age of, an elderly applicant when the age of that applicant is to be used by the creditor in the extension of credit in favor of the applicant