[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4475 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4475

To amend the Higher Education Act of 1965 to determine the expenditures 
of an institution of higher education on instruction, student services, 
   marketing, recruitment, advertising, and lobbying, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2019

Mr. Malinowski introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
To amend the Higher Education Act of 1965 to determine the expenditures 
of an institution of higher education on instruction, student services, 
   marketing, recruitment, advertising, and lobbying, and for other 
                               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 ``Higher Education Student Protection 
Act''.

SEC. 2. INSTITUTIONAL EXPENDITURES.

    (a) Consumer Information.--Section 132(i)(1) of the Higher 
Education Act of 1965 (20 U.S.C. 1015a(i)(1)) is amended by adding at 
the end:
                    ``(AA) The institution's expenditures on 
                instruction, student services, marketing, recruitment, 
                advertising, and lobbying.''.
    (b) Restrictions on Certain Expenditures.--Part G of title IV of 
the Higher Education Act of 1965 is amended by adding at the end the 
following:

``SEC. 498E. RESTRICTIONS ON CERTAIN EXPENDITURES.

    ``(a) Establishing Definitions.--
            ``(1) In general.--For purposes of each survey conducted 
        under the Integrated Postsecondary Education Data System after 
        the date of enactment of the Higher Education Student 
        Protection Act and this Act, the Secretary shall define the 
        following terms:
                    ``(A) Marketing.
                    ``(B) Recruitment.
                    ``(C) Advertising.
                    ``(D) Lobbying.
                    ``(E) Student services.
            ``(2) Exclusion of certain activities.--In defining the 
        term `student services' under paragraph (1)(E), the Secretary 
        shall ensure that such term does not include marketing, 
        recruitment, advertising, or lobbying.
    ``(b) Limitation on Expenditures.--In a case in which the Secretary 
determines with respect to an institution of higher education 
participating in any program under this title that, for any of the 3 
most recent institutional fiscal years for which the institution 
submits to the Secretary disclosures on the expenditures of the 
institution on instruction, the amount expended by such institution on 
instruction for such fiscal year is less than an amount equal to 1/3 of 
institution's revenues derived from tuition and fees--
            ``(1) for any institutional fiscal year after such 
        determination is made, the sum of the amount expended by the 
        institution on marketing, recruitment, advertising, and 
        lobbying may not exceed the amount of the institution's 
        revenues derived from sources other than Federal education 
        assistance funds; and
            ``(2) in a case in which the institution fails to meet the 
        requirements of paragraph (1) for 2 consecutive institutional 
        fiscal years, the institution shall be ineligible to 
        participate in the programs authorized by this title for a 
        period of not less than two institutional fiscal years.
    ``(c) Publication on Website.--The Secretary shall, on an annual 
basis, publicly disclose on the Department's website, information with 
respect to any institution of higher education that is subject to the 
requirements of subsection (b)(1), including--
            ``(1) the quotient of the amount that the institution 
        expends on instruction for purposes of section 132(i)(1)(AA) 
        divided by the institution's revenues derived from tuition and 
        fees, expressed as a percentage;
            ``(2) the sum of such institution's expenditures on 
        advertising, recruiting, marketing, and lobbying;
            ``(3) the amount of such institution's revenues received 
        from sources outside of Federal education assistance funds; and
            ``(4) the difference between paragraphs (2) and (3).''.
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