I 

111TH CONGRESS 

2D SESSION H. R. 4535 

To reduce and prevent the sale and use of fraudulent degrees in order 

to protect the integrity of valid higher education degrees that are used 

for Federal employment purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2010 

Mr. BISHOP of New York (for himself, Ms. MCCOLLUM, and Mr. CASTLE) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Oversight and 

Government Reform, Energy and Commerce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To reduce and prevent the sale and use of fraudulent degrees 

in order to protect the integrity of valid higher education 

degrees that are used for Federal employment purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Diploma and Accredi5 tation Integrity Protection Act of 2009’’. 


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1 SEC. 2. PURPOSE; DEFINITIONS. 

2 (a) PURPOSE.—The purpose of this Act is to protect 

3 institutions of higher education, businesses and other em4 ployers, professional licensing boards, patients and clients 

5 of degree holders, taxpayers, and other individuals from 

6 any person claiming to possess a legitimate academic de7 gree that in fact was issued by a fraudulent or nonexistent 

8 school, by a non-educational entity posing as a school, or 

9 by any entity in violation of Federal or State law. 

10 (b) DEFINITIONS.—In this Act: 

11 (1) ACCREDITATION MILL.—The term ‘‘accredi12 tation mill’’ means an education or corporate organi13 zation that offers a form of educational recognition 

14 or accreditation, for a fee or free of charge, that— 

15 (A) extend a permanent recognition or ac16 creditation status to an institution with few or 

17 no requirements for subsequent periodic re18 views; 

19 (B) publish a list of institutions and pro20 grams recognized or accredited by such organi21 zation that includes institutions and programs 

22 that did not apply for or otherwise request such 

23 recognition or accreditation by the organization; 

24 or 


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1 (C) lack national recognition by the Sec2 retary of Education or the Council for Higher 

3 Education Accreditation. 

4 (2) DEGREE-GRANTING INSTITUTION.—The 

5 term ‘‘degree-granting institution’’ means any entity 

6 that offers or confers an academic, professional, or 

7 occupational degree, diploma, or certificate, if such 

8 degree, diploma, or certificate may be used to rep9 resent to the general public that the individual pos10 sessing such degree, diploma, or certificate has com11 pleted a program of education or training beyond 

12 secondary education. 

13 (3) DIPLOMA MILL.—The term ‘‘diploma mill’’ 

14 means any entity that— 

15 (A) lacks valid accreditation by an agency 

16 recognized by a Federal agency, a State govern17 ment, or the Council for Higher Education Ac18 creditation as a valid accrediting agency of in19 stitutions of higher education; and 

20 (B) offers degrees, diplomas, or certifi21 cations, for a fee, that may be used to represent 

22 to the general public that the individual pos23 sessing such a degree, diploma, or certification 

24 has completed a program of education or train25 ing beyond secondary education, but little or no 


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1 education or course work is required to obtain 

2 such a degree, diploma, or certification. 

3 (4) INSTITUTION OF HIGHER EDUCATION.—The 

4 term ‘‘institution of higher education’’ has the 

5 meaning given such term in section 102 of the High6 er Education Act of 1965 (20 U.S.C. 1002). 

7 SEC. 3. ACCREDITING AGENCIES. 

8 No accrediting agency or association may be consid9 ered to be a reliable authority as to the quality of edu10 cation or training offered by a degree-granting institution 

11 for any purpose related to immigration, Federal employ12 ment and hiring practices, or for any other Federal pur13 poses, unless the agency or association is a nationally rec14 ognized accrediting agency or association recognized by 

15 the Secretary of Education pursuant to part H of title 

16 IV of the Higher Education Act of 1965 (20 U.S.C. 1099a 

17 et seq.). 

18 SEC. 4. FEDERAL EMPLOYMENT. 

19 For purposes of applying any civil service law, rule, 

20 or regulation that requires or takes into consideration a 

21 degree from an institution of higher education for pur22 poses of appointment or promotion of, or improved pay 

23 for, a Federal employee, only a degree from a degree24 granting institution that is accredited by a nationally rec25 ognized accrediting agency or association recognized by 


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1 the Secretary of Education pursuant to part H of title 

2 IV of the Higher Education Act of 1965 (20 U.S.C. 1099a 

3 et seq.) shall be acceptable. 

4 SEC. 5. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE5 GARDING DIPLOMAS AND PROFESSIONAL 

6 CERTIFICATIONS. 

7 (a) CONDUCT PROHIBITED.—Not later than 180 

8 days after the date of enactment of this Act, the Federal 

9 Trade Commission shall initiate a rulemaking to define 

10 as an unfair and deceptive act or practice under section 

11 18 of Federal Trade Commission Act (15 U.S.C. 57a) the 

12 following: 

13 (1) The issuing of a degree, diploma, certificate, 

14 or any similar document by an entity that is not rec15 ognized as a legitimate postsecondary degree-grant16 ing institution by the Secretary of Education, if such 

17 degree, diploma, certificate, or similar document 

18 misrepresents, directly or indirectly, the subject mat19 ter, substance, or content of the course of study or 

20 any other material fact concerning the course of 

21 study for which such degree, diploma, certificate, or 

22 similar document was awarded. 

23 (2) The offering or conferring of an academic, 

24 professional, or occupational degree if the entity of25 fering or conferring the degree— 


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1 (A) is not an institution of higher edu2 cation; or 

3 (B) is not accredited by— 

4 (i) a nationally recognized accrediting 

5 agency or association recognized by the 

6 Secretary of Education pursuant to part H 

7 of title IV of the Higher Education Act of 

8 1965 (20 U.S.C. 1099a et seq.); or 

9 (ii) an accrediting agency or associa10 tion that is recognized as a legitimate ac11 crediting agency or association for any 

12 purpose by any appropriate Federal agency 

13 or by the Council for Higher Education 

14 Accreditation, 

15 unless the entity offering or conferring such a de16 gree clearly and conspicuously discloses, in all adver17 tising and promotional materials that contain a ref18 erence to such a degree, that the awarding of the de19 gree has not been so authorized or that the entity 

20 offering or conferring the degree has not been so ap21 proved or recognized. 

22 (3) The claiming or asserting in any advertise23 ments or promotional material of an entity offering 

24 or conferring an academic, professional, or occupa25 tional degree, that such entity has— 


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1 (A) an accredited status unless it holds ac2 creditation from an accrediting agency that is 

3 recognized by the Secretary of Education or the 

4 Council for Higher Education Accreditation, or 

5 is recognized for any purpose by any appro6 priate Federal agency; or 

7 (B) an unaccredited, but approved status 

8 that misrepresents, directly or indirectly, the 

9 nature, extent, or credibility of such approval. 

10 (4) The issuing of any accreditation, including 

11 institutional, programmatic, or specialized accredita12 tion, to any degree-granting institution by any entity 

13 that is not recognized for accreditation purposes by 

14 the Secretary of Education, any other appropriate 

15 Federal agency, or the Council for Higher Education 

16 Accreditation. 

17 (b) FINAL RULE.—The Commission shall issue final 

18 rules under this section not later than 18 months after 

19 the date of enactment of this Act. 

20 (c) REPORTING REQUIREMENT.— 

21 (1) FEDERAL TRADE COMMISSION.—In admin22 istering and enforcing the rule required under sub23 section (a), the Federal Trade Commission shall re24 port regularly to the Secretary of Education any inVerDate Nov 24 2008 21:47 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4535.IH H4535

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1 formation regarding entities which the Commission 

2 knows or suspects to be in violation of such rule. 

3 (2) SECRETARY OF EDUCATION.—The Sec4 retary of Education shall make available to the gen5 eral public, in paper and electronic forms, the infor6 mation reported to the Secretary in accordance with 

7 paragraph (1). 

Æ 


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