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 section 3676(c) of such title is amended to read as follows: (10) The institution, and any entity that owns the institution, does not engage in substantial misrepresentation described in section 3696(e) of this title. The institution shall not be deemed to have met this requirement until the State approving agency— (A) has ascertained from the Federal Trade Commission whether the Commission has issued an order to the institution to cease and desist from any act or practice described in such subsection