#aafth ,,congress #ast ,session ,h4 ,r4 #dfbe ,,an ,,act ,to amend title #ch1 ,united ,states ,code1 to require that educational institutions abide by certain principles as a condition of approval for purposes of the educational assistance programs of the ,department of ,veterans ,affairs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protect the ,,gi ,bill ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,clarification of educational assistance for individuals who pursue an approved program of education leading to a degree while on active duty4 ,sec4 #c4 ,verification of enrollment for purposes of receipt of ,post-#i_/aa ,educational ,assistance benefits4 ,sec4 #d4 ,clarification regarding the dependents to whom entitlement to educational assistance may be transferred under the ,post #i_/aa ,educational ,assistance ,program4 ,sec4 #e4 ,expansion of reasons for which a course of education may be disapproved4 ,sec4 #f4 ,oversight of educational institutions subject to ,government action for purposes of the educational assistance programs of the ,department of ,veterans ,affairs4 ,sec4 #g4 ,additional requirement for approval of educational institutions for purposes of the educational assistance programs of the ,department of ,veterans ,affairs4 ,sec4 #h4 ,clarification of accreditation for law schools for purposes of the educational assistance programs of the ,department of ,veterans ,affairs4 ,sec4 #i4 ,clarification of grounds for disapproval of a course for purposes of the educational assistance programs of the ,department of ,veterans ,affairs4 ,sec4 #aj4 ,requirements for educational institutions participating in the educational assistance programs of the ,department of ,veterans ,affairs4 ,sec4 #aa4 ,overpayments to eligible persons or veterans4 ,sec4 #ab4 ,improvements to limitation on certain advertising1 sales1 and enrollment practices4 ,sec4 #ac4 ,additional limitation on certain advertising1 sales1 and enrollment practices of educational institutions4 ,sec4 #ad4 ,charge to entitlement to educational assistance for individuals who do not transfer credits from certain closed or disapproved programs of education4 ,sec4 #ae4 ,determination of budgetary effects4 #b4 ,clarification of educational assistance for individuals who pursue an approved program of education leading to a degree while on active duty ,section #ccac7;e7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by inserting for a period of more than #cj days after active duty2 7#b7 in paragraph 7#a71 by inserting for a period of more than #cj days after active duty2 and 7#c7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting for a period of more than #cj days after active duty4 #c4 ,verification of enrollment for purposes of receipt of ,post-#i_/aa ,educational ,assistance benefits 7a7 ,in general ,section #ccac of title #ch1 ,united ,states ,code1 as amended by section #b1 is further amended by adding at the end the following new subsection3 7l7 ,verification of enrollment 7#a7 ,the ,secretary shall require-- 7,a7 each educational institution to submit to the ,secretary verification of each individual who is enrolled in a course or program of education at the educational institution and is receiving educational assistance under this chapter for each month during which the individual is so enrolled and receiving such educational assistance2 and 7,b7 each individual who is enrolled in a course or program of education and is receiving educational assistance under this chapter to submit to the ,secretary verification of such enrollment for each month during which the individual is so enrolled and receiving such educational assistance4 7#b7 ,verification under this subsection shall be in an electronic form prescribed by the ,secretary4 7#c7 ,if an individual fails to submit the verification required under paragraph 7#a77;,b7 for two consecutive months1 the ,secretary may not make a monthly stipend payment to the individual under this section until the individual submits such verification4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,august #a1 #bjbj4 #d4 ,clarification regarding the dependents to whom entitlement to educational assistance may be transferred under the ,post #i_/aa ,educational ,assistance ,program 7a7 ,in general ,section #ccai7;c7 of title #ch1 ,united ,states ,code1 is amended to read as follows3 7c7 ,eligible dependents 7#a7 ,transfer ,an individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement to an eligible dependent or a combination of eligible dependents4 7#b7 ,definition of eligible dependent ,for purposes of this subsection1 the term eligible dependent has the meaning given the term dependent under paragraph 7#b7 of section #ajgb of title #aj4 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply with respect to educational assistance payable under chapter #cc of title #ch1 ,united ,states ,code1 before1 on1 or after the date of the enactment of this ,act4 #e4 ,expansion of reasons for which a course of education may be disapproved 7a7 ,in general ,section #cfgb7;b77#b7 of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77i71 by inserting or or 7,d7 after subparagraph 7,c72 and 7#b7 by adding at the end the following new subparagraph3 7,d7 ,a program that is described in subparagraph 7,a77i7 of this paragraph and offered by an educational institution that is at risk of losing accreditation shall not be deemed to be approved for purposes of this chapter4 ,for purposes of this subparagraph1 an educational institution is at risk of losing accreditation if that educational institution has received from the relevant accrediting agency or association a notice described in section #cfgc7;e77#b77;,d7 of this title4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #f4 ,oversight of educational institutions subject to ,government action for purposes of the educational assistance programs of the ,department of ,veterans ,affairs 7a7 ,in general ,section #cfgc of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7e7 ,notice of ,government action 7#a7 7,a7 ,if the ,secretary receives notice under paragraph 7#b71 or otherwise becomes aware of an action or event described in paragraph 7#c71 with respect to an educational institution1 the ,secretary shall transmit such notice or provide notice of such action or event to the ,state approving agency for the ,state where the educational institution is located by not later than #cj days after the date on which the ,secretary receives such notice or becomes aware of such action or event4 ,a ,state approving agency shall perform a risk-based oversight survey to the educational institution by not later than #fj days after receiving notice under this subparagraph4 7,b7 ,if a ,state approving agency receives notice as described in paragraph 7#b71 or otherwise becomes aware of an action or event described in paragraph 7#c71 with respect to an educational institution1 the ,state approving agency shall perform a risk-based oversight survey to the educational institution by not later than #fj days after receiving such notice or otherwise becoming aware of such action or event4 7#b7 ,notice under this paragraph is any of the following3 7,a7 ,notice from the ,secretary of ,education of an event under paragraph 7#c77;,a74 7,b7 ,notice of an event under paragraph 7#c77;,b74 7,c7 ,notice from a ,state of an action take by that ,state under paragraph 7#c77;,c74 7,d7 ,notice provided by an accrediting agency or association of an action described in paragraph 7#c77;,d7 taken by that agency or association4 7,e7 ,notice that the ,secretary of ,education has placed the educational institution on provisional status4 7#c7 ,an action or event under this paragraph is any of the following3 7,a7 ,the receipt by an educational institution of payments under the heightened cash monitoring payment method pursuant to section #dhg7;c77#a77;,b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid74 7,b7 ,final punitive action taken by the ,attorney ,general1 the ,federal ,trade ,commission1 or any other ,federal department or agency against an educational institution relating to misconduct or misleading marketing practices1 as defined by the ,secretary of ,veterans ,affairs4 7,c7 ,final punitive action taken by a ,state against an educational institution4 7,d7 ,the loss1 or risk of loss1 by an educational institution of an accreditation from an accrediting agency or association1 including notice of probation1 suspension1 an order to show cause1 or revocation of accreditation4 7,e7 ,the placement of an educational institution on provisional status by the ,secretary of ,education4 7#d7 ,if a ,state approving agency disapproves or suspends an educational institution1 the ,state approving agency shall provide notice of such disapproval or suspension to the ,secretary and to the other ,state approving agencies4 7#e7 ,this subsection shall be carried out using amounts made available pursuant to section #cfgd7;a77#d7 of this title as long as such amounts remain available4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,august #a1 #bjbj4 #g4 ,additional requirement for approval of educational institutions for purposes of the educational assistance programs of the ,department of ,veterans ,affairs 7a7 ,in general ,section #cfge of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by adding at the end the following new paragraph3 7#d7 ,the educational institution is approved and participates in a program under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 or the ,secretary has waived the requirement under this paragraph with respect to an educational institution and submits to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives notice of such waiver4 4 7#b7 by adding at the end the following new subsection3 7d7 ,the ,secretary shall submit to ,congress an annual report on any waivers issued pursuant to subsection 7b77#d7 or section #cfgb7;b77#b77;,a77i7 of this title4 ,each such report shall include1 for the year covered by the report-- 7#a7 the name of each educational institution for which a waiver was issued2 7#b7 the justification for each such waiver2 and 7#c7 the total number of waivers issued4 4 7b7 ,requirement for approval of standard college degree programs ,clause 7i7 of subparagraph 7,a7 of paragraph 7#b7 of subsection 7b7 of section #cfgb of such title is amended to read as follows3 7i7 ,except as provided in subparagraph 7,c7 or 7,d71 an accredited standard college degree program offered at a public or not-for-profit proprietary educational institution that-- 7,i7 is accredited by an agency or association recognized for that purpose by the ,secretary of ,education2 and 7,,ii7 is approved and participates in a program under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 unless the ,secretary has waived the requirement to participate in a program under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on ,august #a1 #bjbj4 #h4 ,clarification of accreditation for law schools for purposes of the educational assistance programs of the ,department of ,veterans ,affairs 7a7 ,in general ,paragraphs 7#ad77;,b7 and 7#ae77;,b7 of section #cfgf7;c7 of title #ch1 ,united ,states ,code1 are each amended by striking an accrediting agency both places it appears and inserting a specialized accrediting agency4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on ,august #a1 #bjbj4 #i4 ,clarification of grounds for disapproval of a course for purposes of the educational assistance programs of the ,department of ,veterans ,affairs 7a7 ,in general ,section #cfgi7;a77#a7 of title #ch1 ,united ,states ,code1 is amended by inserting 7including failure to comply with a risk-based survey under section #cfgc7;d7 of this title and secure an affirmation of approval by the appropriate ,state approving agency following the survey7 after requirements of this chapter4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,august #a1 #bjbj4 #aj4 ,requirements for educational institutions participating in the educational assistance programs of the ,department of ,veterans ,affairs 7a7 ,in general ,section #cfgi of title #ch1 ,united ,states ,code1 as amended by section #f1 is further amended by adding at the end the following new subsection3 7f7 7#a7 ,except as provided by paragraph 7#e71 a ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 may take an action described in paragraph 7#d77;,a7 if the ,state approving agency or the ,secretary determines that an educational institution does not perform any of the following3 7,a7 ,prior to the enrollment of a covered individual in a course of education at the educational institution1 provide the individual with a form that contains information personalized to the individual that describes-- 7i7 the estimated total cost of the course1 including tuition1 fees1 books1 supplies1 and any other additional costs2 7ii7 an estimate of the cost for living expenses for students enrolled in the course2 7iii7 the amount of the costs under clauses 7i7 and 7ii7 that are covered by the educational assistance provided to the individual under chapter #cj1 #cb1 #cc1 or #ce of this title1 or chapter #afjf or #afjg of title #aj1 as the case may be2 7iv7 the type and amount of ,federal financial aid not administered by the ,secretary and financial aid offered by the institution that the individual may qualify to receive2 7v7 an estimate of the amount of student loan debt the individual would have upon graduation2 7vi7 information regarding graduation rates2 7vii7 job-placement rates for graduates of the course1 if available2 7viii7 information regarding the acceptance by the institution of transfer of credits1 including military credits2 7ix7 any conditions or additional requirements1 including training1 experience1 or examinations1 required to obtain the license1 certification1 or approval for which the course of education is designed to provide preparation2 and 7x7 other information to facilitate comparison by the individual of aid packages offered by different educational institutions4 7,b7 ,not later than #ae days after the date on which the institution 7or the governing body of the institution7 determines tuition rates and fees for an academic year that is different than the amount being charged by the institution1 provide a covered individual enrolled in a course of education at the educational institution with the form under subparagraph 7,a7 that contains updated information4 7,c7 ,maintain policies to-- 7i7 inform each covered individual enrolled in a course of education at the educational institution of the availability of ,federal financial aid not administered by the ,secretary and financial aid offered by the institution2 and 7ii7 alert such individual of the potential eligibility of the individual for such financial aid before packaging or arranging student loans or alternative financing programs for the individual4 7,d7 ,maintain policies to-- 7i7 prohibit the automatic renewal of a covered individual in courses and programs of education2 and 7ii7 ensure that each covered individual approves of the enrollment of the individual in a course4 7,e7 ,provide to a covered individual enrolled in a course of education at the educational institution with information regarding the requirements to graduate from such course1 including information regarding when required classes will be offered and a timeline to graduate4 7,f7 ,with respect to an accredited educational institution1 obtain the approval of the accrediting agency for each new course or program of the institution before enrolling covered individuals in such courses or programs if the accrediting agency determines that such approval is appropriate under the substantive change requirements of the accrediting agency regarding the quality1 objectives1 scope1 or control of the institution4 7,g7 ,maintain a policy that-- 7i7 ensures that members of the ,armed ,forces1 including the reserve components and the ,national ,guard1 who enroll in a course of education at the educational institution may be readmitted at such institution if such members are temporarily unavailable or have to suspend such enrollment by reason of serving in the ,armed ,forces2 and 7ii7 otherwise accommodates such members during short absences by reason of such service4 7,h7 ,designate an employee of the educational institution to serve as a point of contact for covered individuals and the family of such individuals needing assistance with respect to academic counseling1 financial counseling1 disability counseling1 and other information regarding completing a course of education at such institution1 including by referring such individuals and family to the appropriate persons for such counseling and information4 7#b7 ,except as provided by paragraph 7#e71 a ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 may take an action described in paragraph 7#d77;,a7 if the ,state approving agency1 the ,secretary1 or the ,federal ,trade ,commission1 determines that an educational institution does any of the following3 7,a7 ,carries out deceptive or persistent recruiting techniques1 including on military installations1 that may include-- 7i7 misrepresentation 7as defined in section #cfif7;e77#b77;,b7 of this title7 or payment of incentive compensation2 7ii7 during any #a-month period making three or more unsolicited contacts to a covered individual1 including contacts by phone1 email1 or in-person2 or 7iii7 engaging in same-day recruitment and registration4 7,b7 ,pays inducements1 including any gratuity1 favor1 discount1 entertainment1 hospitality1 loan1 transportation1 lodging1 meals1 or other item having a monetary value of more than a de minimis amount1 to any individual or entity1 or its agents including third party lead generators or marketing firms other than salaries paid to employees or fees paid to contractors in conformity with all applicable laws for the purpose of securing enrollments of covered individuals or obtaining access to educational assistance under this title1 with the exception of scholarships1 grants1 and tuition reductions provided by the educational institution4 7#c7 ,a ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 may take an action described in paragraph 7#d77;,a7 if the ,state approving agency or the ,secretary determines that an educational institution is the subject of a negative action made by the accrediting agency that accredits the institution1 including any of the following3 7,a7 ,a show cause order4 7,b7 ,accreditor sanctions4 7,c7 ,accreditation probation4 7,d7 ,the loss of accreditation or candidacy for accreditation4 7#d7 7,a7 ,an action described in this subparagraph is any of the following3 7i7 ,publishing a warning on the internet website of the ,department described in section #cfih7;c77#b7 of this title1 or such other similar internet website of the ,department1 that describes how an educational institution is failing to meet a requirement under paragraph 7#a7 or 7#b74 7ii7 ,prohibiting the pursuit by an individual of a course of education at an educational institution under chapter #cj1 #cb1 #cc1 or #ce of this title during the period beginning on the date of such prohibition and ending on a date specified by the ,state approving agency1 in consultation with the ,secretary1 or the ,secretary when acting in the role of the ,state approving agency1 unless the individual was enrolled at the institution before such period4 7,b7 ,the ,secretary shall establish guidelines to ensure that the actions described in subparagraph 7,a7 are applied in a proportional and uniform manner by ,state approving agencies1 or the ,secretary when acting in the role of the ,state approving agency4 7#e7 7,a7 ,the ,secretary may waive the requirements of paragraph 7#a7 or waive the requirements of paragraph 7#b7 with respect to an educational institution for a #a-;academic-year period beginning in ,august of the year in which the waiver is made4 ,a single educational institution may not receive waivers under this paragraph for more than #b consecutive academic years4 7,b7 ,to be considered for a waiver under this paragraph1 an educational institution shall submit to the ,secretary an application prior to the first day of the academic year for which the waiver is sought4 7#f7 ,on an annual basis1 the ,secretary shall submit to the ,committees on ,veterans' ,affairs of the ,house of ,representatives and the ,senate the following reports3 7,a7 ,a report1 which shall be made publicly available1 that includes the following3 7i7 ,a summary of each action described in paragraph 7#d77;,a7 made during the year covered by the report1 including-- 7,i7 the name of the educational institution2 7,,ii7 the type of action taken2 7,,iii7 the rationale for the action1 including how the educational institution was not in compliance with this subsection2 7,,iv7 the length of time that the educational institution was not in such compliance2 and 7,v7 whether the educational institution was also not in compliance with this subsection during any of the #b years prior to the year covered by the report4 7ii7 ,a summary and justifications for the waivers made under paragraph 7#e7 during the year covered by the report1 including the total number of waivers each educational institution has received4 7,b7 ,a report containing the recommendations of the ,secretary with respect to any legislative actions the ,secretary determines appropriate to ensure that this subsection is carried out in a manner that is consistent with the requirements that educational institutions must meet for purposes of other departments or agencies of the ,federal ,government4 7#g7 ,in this subsection1 the term covered individual means an individual who is pursuing a course of education at an educational institution under chapter #cj1 #cb1 #cc1 or #ce of this title4 4 7b7 ,application date ,the amendment made by this section shall take effect on ,june #ae1 #bjbj1 and shall apply to an educational institution beginning on ,august #a1 #bjbj1 except that an educational institution may submit an application for a waiver under subsection 7f77#e7 of section #cfgi of title #ch1 ,united ,states ,code1 as added by subsection 7a71 beginning on ,june #ae1 #bjbj4 #aa4 ,overpayments to eligible persons or veterans ,subsection 7b7 of section #cfhe of title #ch1 ,united ,states ,code1 is amended to read as follows3 7b7 ,any overpayment by an educational institution to a veteran or eligible person shall constitute a liability of the educational institution to the ,united ,states if-- 7#a7 the ,secretary finds that the overpayment has been made as the result of-- 7,a7 the willful or negligent failure of an educational institution to report1 as required under this chapter or chapter #cd or #ce of this title1 to the ,department of ,veterans ,affairs excessive absences from a course1 or discontinuance or interruption of a course by the veteran or eligible person2 or 7,b7 the willful or negligent false certification by an educational institution2 or 7#b7 the payment is made pursuant to-- 7,a7 section #ccac7;h7 of this title2 7,b7 section #ccag of this title2 or 7,c7 section #cfhj7;d7 of this title4 4 #ab4 ,improvements to limitation on certain advertising1 sales1 and enrollment practices 7a7 ,substantial misrepresentation 7#a7 ,in general ,subsection 7a7 of section #cfif of title #ch1 ,united ,states ,code1 is amended to read as follows3 7a7 ,the ,secretary1 or a ,state approving agency acting in the role of the ,secretary1 shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an institution1 or by an entity that owns the institution1 engaged in substantial misrepresentation described in subsection 7e77#a74 4 7#b7 ,definitions ,such section is further amended by adding at the end the following new subsection3 7e7 7#a7 ,substantial misrepresentation described in this paragraph is substantial misrepresentation by an educational institution1 a representative of the institution1 or any person with whom the institution has an agreement to provide educational programs1 marketing1 advertising1 recruiting or admissions services1 concerning any of the following3 7,a7 ,the nature of the educational program of the institution1 including misrepresentation regarding-- 7i7 the particular type1 specific source1 or nature and extent1 of the accreditation of the institution or a course of education at the institution2 7ii7 whether a student may transfer course credits to another institution2 7iii7 conditions under which the institution will accept transfer credits earned at another institution2 7iv7 whether successful completion of a course of instruction qualifies a student-- 7,i7 for acceptance to a labor union or similar organization2 or 7,,ii7 to receive1 to apply to take1 or to take an examination required to receive a local1 ,state1 or ,federal license1 or a nongovernmental certification required as a precondition for employment1 or to perform certain functions in the ,states in which the educational program is offered1 or to meet additional conditions that the institution knows or reasonably should know are generally needed to secure employment in a recognized occupation for which the program is represented to prepare students2 7v7 the requirements for successfully completing the course of study or program and the circumstances that would constitute grounds for terminating the student's enrollment2 7vi7 whether the courses of education at the institution are recommended or have been the subject of unsolicited testimonials or endorsements by-- 7,i7 vocational counselors1 high schools1 colleges1 educational organizations1 employment agencies1 members of a particular industry1 students1 former students1 or others2 or 7,,ii7 officials of a local or ,state government or the ,federal ,government2 7vii7 the size1 location1 facilities1 or equipment of the institution2 7viii7 the availability1 frequency1 and appropriateness of the courses of education and programs to the employment objectives that the institution states the courses and programs are designed to meet2 7ix7 the nature1 age1 and availability of the training devices or equipment of the institution and the appropriateness to the employment objectives that the institution states the courses and programs are designed to meet2 7x7 the number1 availability1 and qualifications1 including the training and experience1 of the faculty and other personnel of the institution2 7xi7 the availability of part-time employment or other forms of financial assistance2 7xii7 the nature and availability of any tutorial or specialized instruction1 guidance and counseling1 or other supplementary assistance the institution ill provide students before1 during1 or after the completion of a course of education2 7xiii7 the nature or extent of any prerequisites established for enrollment in any course of education2 7xiv7 the subject matter1 content of the course of education1 or any other fact related to the degree1 diploma1 certificate of completion1 or any similar document that the student is to be1 or is1 awarded upon completion of the course of education2 and 7xv7 whether the degree that the institution will confer upon completion of the course of education has been authorized by the appropriate ,state educational agency1 including with respect to cases where the institution fails to disclose facts regarding the lack of such authorization in any advertising or promotional materials that reference such degree4 7,b7 ,the financial charges of the institution1 including misrepresentation regarding-- 7i7 offers of scholarships to pay all or part of a course charge2 7ii7 whether a particular charge is the customary charge at the institution for a course2 7iii7 the cost of the program and the refund policy of the institution if the student does not complete the program2 7iv7 the availability or nature of any financial assistance offered to students1 including a student's responsibility to repay any loans1 regardless of whether the student is successful in completing the program and obtaining employment2 and 7v7 the student's right to reject any particular type of financial aid or other assistance1 or whether the student must apply for a particular type of financial aid1 such as financing offered by the institution4 7,c7 ,the employability of the graduates of the institution1 including misrepresentation regarding-- 7i7 the relationship of the institution with any organization1 employment agency1 or other agency providing authorized training leading directly to employment2 7ii7 the plans of the institution to maintain a placement service for graduates or otherwise assist graduates to obtain employment2 7iii7 the knowledge of the institution about the current or likely future conditions1 compensation1 or employment opportunities in the industry or occupation for which the students are being prepared2 7iv7 job market statistics maintained by the ,federal ,government in relation to the potential placement of the graduates of the institution2 and 7v7 other requirements that are generally needed to be employed in the fields for which the training is provided1 such as requirements related to commercial driving licenses or permits to carry firearms1 and failing to disclose factors that would prevent an applicant from qualifying for such requirements1 such as prior criminal records or preexisting medical conditions4 7#b7 ,in this subsection3 7,a7 ,the term misleading statement includes any communication1 action1 omission1 or intimation made in writing1 visually1 orally1 or through other means1 that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made4 ,such term includes the use of student endorsements or testimonials for an educational institution that a student gives to the institution either under duress or because the institution required the student to make such an endorsement or testimonial to participate in a program of education4 7,b7 ,the term misrepresentation means any false1 erroneous1 or misleading statement1 action1 omission1 or intimation made directly or indirectly to a student1 a prospective student1 the public1 an accrediting agency1 a ,state agency1 or to the ,secretary by an eligible institution1 one of its representatives1 or any person with whom the institution has an agreement to provide educational programs1 marketing1 advertising1 recruiting or admissions services4 7,c7 ,the term substantial misrepresentation means misrepresentation in which the person to whom it was made could reasonably be expected to rely1 or has reasonably relied1 to that person's detriment4 4 7b7 ,referral ,subsection 7c7 of such section is amended by striking the last sentence and inserting the following3 ,the findings and results of any such investigations shall be referred to the ,state approving agency1 or the ,secretary when acting in the role of the ,state approving agency1 who shall take appropriate action in such cases not later than #fj days after the date of such referral44 7c7 ,requirements for nonaccredited courses ,paragraph 7#aj7 of section #cfgf7;c7 of such title is amended to read as follows3 7#aj7 ,the institution1 and any entity that owns the institution1 does not engage in substantial misrepresentation described in section #cfif7;e7 of this title4 ,the institution shall not be deemed to have met this requirement until the ,state approving agency-- 7,a7 has ascertained that no ,federal department or agency has taken a punitive action1 not including a settlement agreement1 against the school for misleading or deceptive practices2 7,b7 has1 if such an order has been issued1 given due weight to that fact2 and 7,c7 has reviewed the complete record of advertising1 sales1 or enrollment materials 7and copies thereof7 used by or on behalf of the institution during the preceding #ab-month period4 4 7d7 ,application date ,the amendments made by this section shall apply to an educational institution beginning on ,august #a1 #bjbj4 #ac4 ,additional limitation on certain advertising1 sales1 and enrollment practices of educational institutions 7a7 ,in general ,section #cfif7;a7 of title #ch1 ,united ,states ,code1 as amended by section #aa1 is further amended-- 7#a7 by inserting 7#a7 before ,the ,secretary2 and 7#b7 by adding at the end the following new paragraph3 7#b7 ,not later than #abj days after a ,state or ,federal department or agency takes final punitive action against an educational institution relating to practices described in paragraph 7#a71 the ,secretary or the relevant ,state approving agency may-- 7,a7 take an action described in subsection 7f77#d77;,a7 of section #cfgi of this title2 or 7,b7 disapprove under such section each course offered by that educational institution4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,august #a1 #bjbj4 #ad4 ,charge to entitlement to educational assistance for individuals who do not transfer credits from certain closed or disapproved programs of education 7a7 ,in general ,subsection 7c7 of section #cfii of title #ch1 ,united ,states ,code1 is amended to read as follows3 7c7 ,period not charged 7#a7 ,the period for which1 by reason of this subsection1 educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section #cfie of this title shall not exceed the aggregate of-- 7,a7 the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time1 as determined under subsection 7b77#b72 and 7,b7 the period by which a monthly stipend is extended under section #cfhj7;a77#b77;,b7 of this title4 7#b7 7,a7 ,an individual described in subparagraph 7,b7 who transfers fewer than #ab credits from a program of education that is closed or disapproved as described in subsection 7b77#a7 shall be deemed to be an individual who did not receive such credits1 as described in subsection 7b77#b71 except that the period for which such individual's entitlement is not charged shall be the entire period of the individual's enrollment in the program of education4 ,in carrying out this subparagraph1 the ,secretary1 in consultation with the ,secretary of ,education1 shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education4 7,b7 ,an individual described in this subparagraph is an individual who is enrolled in a course or program of education closed or discontinued as described in subsection 7b77#a7 during the period beginning on the date that is #abj days before the date of such closure or discontinuance and ending on the date of such closure or discontinuance1 as the case may be4 7,c7 ,this paragraph shall apply with respect to a course or program of education closed or discontinued before ,september #cj1 #bjbc4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,august #a1 #bjbj4 #ae4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,november #ab1 #bjai4;,clerk4