[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4535 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Diploma and Accreditation Integrity 
Protection Act of 2009''.

SEC. 2. PURPOSE; DEFINITIONS.

    (a) Purpose.--The purpose of this Act is to protect institutions of 
higher education, businesses and other employers, professional 
licensing boards, patients and clients of degree holders, taxpayers, 
and other individuals from any person claiming to possess a legitimate 
academic degree that in fact was issued by a fraudulent or nonexistent 
school, by a non-educational entity posing as a school, or by any 
entity in violation of Federal or State law.
    (b) Definitions.--In this Act:
            (1) Accreditation mill.--The term ``accreditation mill'' 
        means an education or corporate organization that offers a form 
        of educational recognition or accreditation, for a fee or free 
        of charge, that--
                    (A) extend a permanent recognition or accreditation 
                status to an institution with few or no requirements 
                for subsequent periodic reviews;
                    (B) publish a list of institutions and programs 
                recognized or accredited by such organization that 
                includes institutions and programs that did not apply 
                for or otherwise request such recognition or 
                accreditation by the organization; or
                    (C) lack national recognition by the Secretary of 
                Education or the Council for Higher Education 
                Accreditation.
            (2) Degree-granting institution.--The term ``degree-
        granting institution'' means any entity that offers or confers 
        an academic, professional, or occupational degree, diploma, or 
        certificate, if such degree, diploma, or certificate may be 
        used to represent to the general public that the individual 
        possessing such degree, diploma, or certificate has completed a 
        program of education or training beyond secondary education.
            (3) Diploma mill.--The term ``diploma mill'' means any 
        entity that--
                    (A) lacks valid accreditation by an agency 
                recognized by a Federal agency, a State government, or 
                the Council for Higher Education Accreditation as a 
                valid accrediting agency of institutions of higher 
                education; and
                    (B) offers degrees, diplomas, or certifications, 
                for a fee, that may be used to represent to the general 
                public that the individual possessing such a degree, 
                diploma, or certification has completed a program of 
                education or training beyond secondary education, but 
                little or no education or course work is required to 
                obtain such a degree, diploma, or certification.
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).

SEC. 3. ACCREDITING AGENCIES.

    No accrediting agency or association may be considered to be a 
reliable authority as to the quality of education or training offered 
by a degree-granting institution for any purpose related to 
immigration, Federal employment and hiring practices, or for any other 
Federal purposes, unless the agency or association is a nationally 
recognized accrediting agency or association recognized by the 
Secretary of Education pursuant to part H of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1099a et seq.).

SEC. 4. FEDERAL EMPLOYMENT.

    For purposes of applying any civil service law, rule, or regulation 
that requires or takes into consideration a degree from an institution 
of higher education for purposes of appointment or promotion of, or 
improved pay for, a Federal employee, only a degree from a degree-
granting institution that is accredited by a nationally recognized 
accrediting agency or association recognized by the Secretary of 
Education pursuant to part H of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1099a et seq.) shall be acceptable.

SEC. 5. UNFAIR AND DECEPTIVE ACTS AND PRACTICES REGARDING DIPLOMAS AND 
              PROFESSIONAL CERTIFICATIONS.

    (a) Conduct Prohibited.--Not later than 180 days after the date of 
enactment of this Act, the Federal Trade Commission shall initiate a 
rulemaking to define as an unfair and deceptive act or practice under 
section 18 of Federal Trade Commission Act (15 U.S.C. 57a) the 
following:
            (1) The issuing of a degree, diploma, certificate, or any 
        similar document by an entity that is not recognized as a 
        legitimate postsecondary degree-granting institution by the 
        Secretary of Education, if such degree, diploma, certificate, 
        or similar document misrepresents, directly or indirectly, the 
        subject matter, substance, or content of the course of study or 
        any other material fact concerning the course of study for 
        which such degree, diploma, certificate, or similar document 
        was awarded.
            (2) The offering or conferring of an academic, 
        professional, or occupational degree if the entity offering or 
        conferring the degree--
                    (A) is not an institution of higher education; or
                    (B) is not accredited by--
                            (i) a nationally recognized accrediting 
                        agency or association recognized by the 
                        Secretary of Education pursuant to part H of 
                        title IV of the Higher Education Act of 1965 
                        (20 U.S.C. 1099a et seq.); or
                            (ii) an accrediting agency or association 
                        that is recognized as a legitimate accrediting 
                        agency or association for any purpose by any 
                        appropriate Federal agency or by the Council 
                        for Higher Education Accreditation,
        unless the entity offering or conferring such a degree clearly 
        and conspicuously discloses, in all advertising and promotional 
        materials that contain a reference to such a degree, that the 
        awarding of the degree has not been so authorized or that the 
        entity offering or conferring the degree has not been so 
        approved or recognized.
            (3) The claiming or asserting in any advertisements or 
        promotional material of an entity offering or conferring an 
        academic, professional, or occupational degree, that such 
        entity has--
                    (A) an accredited status unless it holds 
                accreditation from an accrediting agency that is 
                recognized by the Secretary of Education or the Council 
                for Higher Education Accreditation, or is recognized 
                for any purpose by any appropriate Federal agency; or
                    (B) an unaccredited, but approved status that 
                misrepresents, directly or indirectly, the nature, 
                extent, or credibility of such approval.
            (4) The issuing of any accreditation, including 
        institutional, programmatic, or specialized accreditation, to 
        any degree-granting institution by any entity that is not 
        recognized for accreditation purposes by the Secretary of 
        Education, any other appropriate Federal agency, or the Council 
        for Higher Education Accreditation.
    (b) Final Rule.--The Commission shall issue final rules under this 
section not later than 18 months after the date of enactment of this 
Act.
    (c) Reporting Requirement.--
            (1) Federal trade commission.--In administering and 
        enforcing the rule required under subsection (a), the Federal 
        Trade Commission shall report regularly to the Secretary of 
        Education any information regarding entities which the 
        Commission knows or suspects to be in violation of such rule.
            (2) Secretary of education.--The Secretary of Education 
        shall make available to the general public, in paper and 
        electronic forms, the information reported to the Secretary in 
        accordance with paragraph (1).
                                 <all>