1
 See References in Text note below.
of this title. The institution shall not be deemed to have met this requirement until the State approving agency—
Editorial Notes
References in Text

Section 3696(e) of this title, referred to in subsec. (c)(10), probably should be a reference to section 3696(b) of this title, because section 3696(b), and not section 3696(e), describes substantial misrepresentation.

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.

Amendments

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).

1991—Pub. L. 102–83, § 5(a), renumbered section 1776 of this title as this section.

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”.

Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment

Pub. L. 116–315, title I, § 1016(b), Jan. 5, 2021, 134 Stat. 4946, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on August 1, 2021.”

Pub. L. 116–315, title I, § 1020(c), Jan. 5, 2021, 134 Stat. 4958, provided that: “The amendments made by this section [amending this section and section 3696 of this title] shall take effect on August 1, 2021.”

Effective Date of 2016 Amendment

Pub. L. 114–315, title IV, § 410(c), Dec. 16, 2016, 130 Stat. 1561, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to—

“(1)
criteria developed pursuant to paragraph (16) of subsection (c) of section 3676 of title 38, United States Code, on or after January 1, 2013; and
“(2)
an investigation conducted under such subsection that is covered by a reimbursement of expenses paid by the Secretary of Veterans Affairs to a State pursuant to section 3674 of such title on or after October 1, 2015.”

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.