### §3672A. Uniform application

(a) In General.—(1) The Secretary, in partnership with State approving agencies, educational institutions, and training establishments, shall require the use of a uniform application by any educational institution or training establishment seeking the approval of a new course of education under this chapter.

(2) The Secretary shall maintain one uniform application for institutions of higher learning and one such application for other educational institutions and training establishments.

(3) In the case of any State that uses approval criteria not covered by a uniform application under this section, the State approving agency for that State shall require the use of the uniform application and may require the submittal of additional information.

(b) Requirements.—The uniform application required under subsection (a) shall meet the following requirements:

(1) A requirement that the appropriate executive of the educational institution or training establishment seeking the approval of a course of education attests on behalf of the educational institution or training establishment that the educational institution or training establishment—

(A) is in compliance with all applicable laws and regulations relating to the approval of courses of education under this chapter; and

(B) during the five-year period preceding the date of the application—

(i) has not been subject to, or been party to a contract with any individual or entity that has been subject to, any adverse administrative or judicial action that—

(I) related to the instruction or training, including with respect to the quality of education, provided by the institution or establishment; and

(II) resulted in a fine or penalty in an amount equal to or more than five percent of the amount of funding provided to the institution or establishment under title IV of the Higher Education Act of 1965 for the fiscal year preceding the year in which the application is submitted; or

(ii) has not employed an individual, or been party to a contract with any individual or entity, that has been convicted of a Federal fraud charge related to the instruction or training provided by the institution or establishment.

(2) In the case of any educational institution or training establishment that is not participating in title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), a requirement for the inclusion of—

(A) a copy of—

(i) the articles of incorporation filed on behalf of the institution or establishment or proof of licensing to operate as an educational institution or training establishment in the State where the institution or establishment is located; and

(ii) the financial position of the institution or establishment, as prepared by an appropriate third-party entity; or

(B) other adequate evidence, as determined by the Secretary, that the institution or establishment is authorized to provide post-secondary education or training in the State where the institution or establishment is located.

(3) In the case of any course of education that is offered by an educational institution or training establishment that has never offered a course of education that was approved under this chapter, a requirement for the inclusion of information about the course of education covered by the application, including—

(A) the number of students who have entered and graduated from the course during the preceding two-year period; and

(B) if available, the cohort default rate for funds provided to the institution or establishment under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(4) In the case of any educational institution or training establishment that is not an institution of higher learning, a requirement for the inclusion of—

(A) a list of individuals who will serve as fully qualified instructors for the course of education, as of the date of the application, and an attestation that such individuals—

(i) have a degree or other training, as appropriate, in the field of the course;

(ii) effectively teach the skills offered under the course; and

(iii) have demonstrated relevant industry experience in the field of the course; and

(B) a list of individuals who will serve as career services employees for students enrolled in the course and an attestation that such individuals are skilled at identifying professions in the relevant industry that are in need of new employees to hire, tailoring the course of education to meet market needs, and identifying the employers likely to hire graduates.

(c) Requirements for State Approving Agencies.—During the approval process with respect to a uniform application submitted by an educational institution or training establishment, a State approving agency, or the Secretary when acting in the role of a State approving agency, shall contact the Secretary of Education to determine whether the course of education subject to such approval process has withdrawn, or been denied or suspended, from receiving for benefits under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).

(d) Appropriate Executive.—In this section, the appropriate executive of an educational institution or training establishment is a senior executive official, senior administrator, owner, or operator designated by the institution or establishment.

(Added Pub. L. 117–333, §11(a), Jan. 5, 2023, 136 Stat. 6132.)

#### **Editorial Notes**

#### References in Text

The Higher Education Act of 1965, referred to in subsecs. (b)(1)(B)(i)(II), (2), (3)(B) and (c), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see section 1 of Pub. L. 89–329, set out as a Short Title note under section 1001 of Title 20 and Tables.

#### Codification

Pub. L. 117–333, §11(a), Jan. 5, 2023, 136 Stat. 6132, which directed the amendment of subchapter I of this chapter by adding this section after section 3672 of this title, was executed by adding this section after section 3672 in this subchapter, to reflect the probable intent of Congress and the redesignation of former subchapter I of this chapter as subchapter II by section 2(a)(1) of Pub. L. 117–333.

#### **Statutory Notes and Related Subsidiaries**

#### Applicability

Pub. L. 117–333, §11(c), Jan. 5, 2023, 136 Stat. 6134, provided that: "The application required by section 3672A of title 38, United States Code, as added by subsection (a), shall—

"(1) be developed by not later than October 1, 2023; and

"(2) be required for the approval of any new course of education proposed on or after that day."