38 U.S. Code § 3676 - Approval of nonaccredited courses
(1) by amending paragraph (10) to read as follows:
“(10) The institution, and any entity that owns the institution, does not engage in substantial misrepresentation described in section 3696(e) of this title. The institution shall not be deemed to have met this requirement until the State approving agency—
“(A) has ascertained that no Federal department or agency has taken a punitive action, not including a settlement agreement, against the school for misleading or deceptive practices;
“(B) has, if such an order has been issued, given due weight to that fact; and
“(C) has reviewed the complete record of advertising, sales, or enrollment materials (and copies thereof) used by or on behalf of the institution during the preceding 12-month period.”; and
(2) in paragraphs (14)(B) and (15)(B)—
(A) by striking “an accrediting agency” both places it appears and inserting “a specialized accrediting agency for programs of legal education”; and
(B) by inserting before the period the following: “, from which recipients of law degrees from such accredited programs are eligible to sit for a bar examination in any State”.
See 2021 Amendment notes below.
The Higher Education Act of 1965, referred to in subsec. (c)(14)(B), (15)(B), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Subpart 2 of part H of title IV of the Act is classified generally to subpart 2 (§ 1099b) of part H of subchapter IV of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.
2021—Subsec. (c)(10). Pub. L. 116–315, § 1020(b), amended par. (10) generally. Prior to amendment, par. (10) read as follows: “The institution does not utilize advertising of any type which is erroneous or misleading, either by actual statement, omission, or intimation. The institution shall not be deemed to have met this requirement until the State approving agency (A) has ascertained from the Federal Trade Commission whether the Commission has issued an order to the institution to cease and desist from any act or practice, and (B) has, if such an order has been issued, given due weight to that fact.”
Subsec. (c)(14)(B), (15)(B). Pub. L. 116–315, § 1016(a), substituted “a specialized accrediting agency for programs of legal education” for “an accrediting agency” and inserted “, from which recipients of law degrees from such accredited programs are eligible to sit for a bar examination in any State” before period at end.
2016—Subsec. (c)(14), (15). Pub. L. 114–315, § 409(a)(2), added pars. (14) and (15). Former par. (14) redesignated (16).
Subsec. (c)(16). Pub. L. 114–315, § 410(a), inserted before period at end “if the Secretary, in consultation with the State approving agency and pursuant to regulations prescribed to carry out this paragraph, determines such criteria are necessary and treat public, private, and proprietary for-profit educational institutions equitably”.
Pub. L. 114–315, § 409(a)(1), redesignated par. (14) as (16).
Subsec. (f). Pub. L. 114–315, § 409(b), added subsec. (f).
2008—Subsec. (c)(4). Pub. L. 110–389 struck out “and the Secretary” before “so notified”.
2006—Subsec. (c)(13). Pub. L. 109–461 substituted “before completion and—” and subpars. (A) and (B) for “prior to completion and such policy must provide that the amount charged to the eligible person for tuition, fees, and other charges for a portion of the course shall not exceed the approximate pro rata portion of the total charges for tuition, fees, and other charges that the length of the completed portion of the course bears to its total length.”
1992—Subsec. (e). Pub. L. 102–568 added subsec. (e).
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3675” for “1775”.
1989—Subsecs. (c)(4), (d). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1981—Subsec. (d). Pub. L. 97–66 added subsec. (d).
1966—Subsec. (a). Pub. L. 89–358 struck out “1653 or” before “1775”.