Sec. 409. MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS OF PROGRAMS DESIGNED TO PREPARE INDIVIDUALS FOR LICENSURE OR CERTIFICATION
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## SEC. 409 MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS OF PROGRAMS DESIGNED TO PREPARE INDIVIDUALS FOR LICENSURE OR CERTIFICATION ###
(a)Approval of Nonaccredited Courses **[**[38 U.S.C. 3676](/us/usc/t38/s3676)**]** Subsection
(c)of section 3676 is amended— ####
(1)by redesignating paragraph
(14)as paragraph (16); and ####
(2)by inserting after paragraph
(13)the following new paragraphs: > > #### “(14) > > In the case of a course designed to prepare an individual for licensure or certification in a State, the course— > > > ##### “(A) > > meets all instructional curriculum licensure or certification requirements of such State; and > > > ##### “(B) > > in the case of a course designed to prepare an individual for licensure to practice law in a State, is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b). > > > #### “(15) > > In the case of a course designed to prepare an individual for employment pursuant to standards developed by a board or agency of a State in an occupation that requires approval, licensure, or certification, the course— > > > ##### “(A) > > meets such standards; and > > > ##### “(B) > > in the case of a course designed to prepare an individual for licensure to practice law in a State, is accredited by an accrediting agency or association recognized by the Secretary of Education under subpart 2 of part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b).” > . ###
(b)Exceptions Such section is further amended by adding at the end the following new subsection: > > ### “(f) > > > ####
(1)> > The Secretary may waive the requirements of paragraph
(14)or
(15)of subsection
(c)in the case of a course of education offered by an educational institution (either accredited or not accredited) if the Secretary determines all of the following: > > > ##### “(A) > > The educational institution is not accredited by an agency or association recognized by the Secretary of Education. > > > ##### “(B) > > The course did not meet the requirements of such paragraph at any time during the 2-year period preceding the date of the waiver. > > > ##### “(C) > > The waiver furthers the purposes of the educational assistance programs administered by the Secretary or would further the education interests of individuals eligible for assistance under such programs. > > > ##### “(D) > > The educational institution does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance. > > > #### “(2) > > Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1), the Secretary shall submit to Congress notice of such waiver and a justification for issuing such waiver.” > . ###
(c)Approval of Accredited Courses **[**[38 U.S.C. 3675](/us/usc/t38/s3675)**]** Section 3675(b)(3) is amended— ####
(1)by striking “and (3)” and inserting “(3), (14), (15), and (16)”; and ####
(2)by inserting before the period at the end the following: “(or, with respect to such paragraphs
(14)and (15), the requirements under such paragraphs are waived pursuant to subsection (f)(1) of section 3676 of this title)”. ###
(d)Approval of Accredited Standard College Degree Programs Offered at Public or Not-For-Profit Educational Institutions Section 3672(b)(2) is amended— ####
(1)in subparagraph (A)(i), by striking “An accredited” and inserting “Except as provided in subparagraph (C), an accredited”; and ####
(2)by adding at the end the following new subparagraph: > > ##### “(C) > > A course that is described in both subparagraph (A)(i) of this paragraph and in paragraph
(14)or
(15)of section 3676(c) of this title shall not be deemed to be approved for purposes of this chapter unless— > > > ###### “(i) > > a State approving agency, or the Secretary when acting in the role of a State approving agency, determines that the course meets the applicable criteria in such paragraphs; or > > > ###### “(ii) > > the Secretary issues a waiver for such course under section 3676(f)(1) of this title.” > . ###
(e)Disapproval of Courses Section 3679 is amended by adding at the end the following new subsection: > > ### “(d) > > Notwithstanding any other provision of this chapter, the Secretary or the applicable State approving agency shall disapprove a course of education described in paragraph
(14)or
(15)of section 3676(c) of this title unless the educational institution providing the course of education— > > > #### “(1) > > publicly discloses any conditions or additional requirements, including training, experience, or examinations, required to obtain the license, certification, or approval for which the course of education is designed to provide preparation; and > > > #### “(2) > > makes each disclosure required by paragraph
(1)in a manner that the Secretary considers prominent (as specified by the Secretary in regulations prescribed for purposes of this subsection).” > . ###
(f)Applicability **[**[38 U.S.C. 3672 note](/us/usc/t38/s3672)**]** If after enrollment in a course of education that is subject to disapproval by reason of an amendment made by this section, an individual pursues one or more courses of education at the same educational institution while remaining continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at that institution, any course so pursued by the individual at that institution while so continuously enrolled shall not be subject to disapproval by reason of such amendment.
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Sec. 409
MODIFICATION OF REQUIREMENTS FOR APPROVAL FOR PURPOSES OF EDUCATIONAL ASSISTANCE PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS OF PROGRAMS DESIGNED TO PREPARE INDIVIDUALS FOR LICENSURE OR CERTIFICATION
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