38-U.S.C.-3696
§3696 – Limitation On Certain Advertising, Sales, and Enrollment Practices
Pathway
Title 38 > Part III > Chapter 36 > Subchapter II > Section 3696
Details
- Reference: Section 3696
- Legend: §3696 – Limitation On Certain Advertising, Sales, and Enrollment Practices
- USCode Year: 2013
Provision Content
(a) The Secretary shall not approve the enrollment of an eligible veteran or eligible person in any course offered by an institution which utilizes advertising, sales, or enrollment practices of any type which are erroneous, deceptive, or misleading either by actual statement, omission, or intimation.
(b) To ensure compliance with this section, any institution offering courses approved for the enrollment of eligible persons or veterans shall maintain a complete record of all advertising, sales, or enrollment materials (and copies thereof) utilized by or on behalf of the institution during the preceding 12-month period. Such record shall be available for inspection by the State approving agency or the Secretary. Such materials shall include but are not limited to any direct mail pieces, brochures, printed literature used by sales persons, films, video tapes, and audio tapes disseminated through broadcast media, material disseminated through print media, tear sheets, leaflets, handbills, fliers, and any sales or recruitment manuals used to instruct sales personnel, agents, or representatives of such institution.
(c) The Secretary shall, pursuant to section 3694 of this title, enter into an agreement with the Federal Trade Commission to utilize, where appropriate, its services and facilities, consistent with its available resources, in carrying out investigations and making the Secretarys determinations under subsection (a) of this section. Such agreement shall provide that cases arising under subsection (a) of this section or any similar matters with respect to any of the requirements of this chapter or chapters 34 and 35 of this title shall be referred to the Federal Trade Commission which in its discretion will conduct an investigation and make preliminary findings. The findings and results of any such investigations shall be referred to the Secretary who shall take appropriate action in such cases within ninety days after such referral.
(d)(1) The Secretary shall not approve under this chapter any course offered by an educational institution if the educational institution provides 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.
(2) To the degree practicable, the Secretary shall carry out paragraph (1) in a manner that is consistent with the Secretary of Educations enforcement of section 487(a)(20) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(20)).
(Added Pub. L. 93–508, title II, §212(a), Dec. 3, 1974, 88 Stat. 1585, §1796; amended Pub. L. 94–502, title V, §§512, 513(a)(22), Oct. 15, 1976, 90 Stat. 2402, 2403; Pub. L. 98–543, title IV, §401, Oct. 24, 1984, 98 Stat. 2749; Pub. L. 101–237, title IV, §423(b)(1)(A), (2), Dec. 18, 1989, 103 Stat. 2092; renumbered §3696 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–249, §2, Jan. 10, 2013, 126 Stat. 2401.)
Amendments
2013—Subsec. (d). Pub. L. 112–249 added subsec. (d).
1991—Pub. L. 102–83, §5(a), renumbered section 1796 of this title as this section.
Subsec. (c). Pub. L. 102–83, §5(c)(1), substituted 3694 for 1794.
1989—Pub. L. 101–237 substituted Secretary for Administrator wherever appearing and Secretarys for Administrators in subsec. (c).
1984—Subsec. (d). Pub. L. 98–543 struck out subsec. (d) which provided that not later than 60 days after the end of each fiscal year the Administrator would be required to report to Congress regarding the disposition of cases under this section.
1976—Subsec. (b). Pub. L. 94–502, §512, added subsec. (b) and redesignated former subsec. (b) as (c).
Subsec. (c). Pub. L. 94–502, §§512(1), 513(a)(22), redesignated former subsec. (b) as (c) and substituted making the Administrators determinations for making his determinations. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 94–502, §512(1), redesignated former subsec. (c) as (d).
Effective Date of 1976 Amendment
Amendment by sections 512 and 513(a)(22) of Pub. L. 94–502 effective Dec. 1, 1976, and Oct. 15, 1976, respectively, see section 703(b), (c) of Pub. L. 94–502, set out as an Effective Date note under section 3693 of this title.
Effective Date
Section effective Dec. 3, 1974, see section 503 of Pub. L. 93–508, set out as an Effective Date of 1974 Amendment note under section 3452 of this title.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-3686 in the Legal Encyclopedia: Veterans
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38-U.S.C.-3681 in the Legal Encyclopedia: Readjustment
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38-U.S.C.-3695 in the Legal Encyclopedia: Benefits
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