; and (v) other requirements that are generally needed to be employed in the fields for which the training is provided, such as requirements related to commercial driving licenses or permits to carry firearms, and failing to disclose factors that would prevent an applicant from qualifying for such requirements, such as prior criminal records or preexisting medical conditions. (2) In this subsection: (A) The term misleading statement includes any communication made in writing, visually, orally, or through other means, that has the likelihood or tendency to mislead the intended recipient of the communication under the circumstances in which the communication is made. Such term includes the use of student endorsements or testimonials for an educational institution that a student gives to the institution either under duress or because the institution required the student to make such an endorsement or testimonial to participate in a program of education. (B) The term misrepresentation means any false, erroneous, or misleading statement made directly or indirectly to a student, a prospective student, the public, an accrediting agency, a State agency, or to the Secretary by an eligible institution, one of its representatives, or any person with whom the institution has an agreement to provide educational programs, marketing, advertising, recruiting or admissions services. (C) The term substantial misrepresentation means misrepresentation in which the person to whom it was made could reasonably be expected to rely, or has reasonably relied, to that person's detriment. . (b) Referral Subsection (c) of such section is amended by striking the last sentence and inserting the following: The findings and results of any such investigations shall be referred to the State approving agency, or the Secretary when acting in the role of the State approving agency, who shall take appropriate action in such cases not later than 90 days after the date of such referral. . (c) Requirements for nonaccredited courses Paragraph (10) of