[Congressional Record Volume 161, Number 90 (Monday, June 8, 2015)]
[Senate]
[Pages S3871-S3872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1817. Mr. BROWN (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed to amendment SA 1463 proposed by Mr. 
McCain to the bill H.R. 1735, to authorize appropriations for fiscal 
year 2016 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; which was ordered to lie on the table, as 
follows:

       At the end of subtitle G of title X, add the following:

[[Page S3872]]

     SEC. 1085. PROHIBITION ON USE BY EDUCATIONAL INSTITUTIONS OF 
                   REVENUES DERIVED FROM EDUCATIONAL ASSISTANCE 
                   FURNISHED UNDER LAWS ADMINISTERED BY SECRETARY 
                   OF DEFENSE FOR ADVERTISING, MARKETING, OR 
                   RECRUITING.

       (a) In General.--As a condition on the receipt of 
     Department of Defense educational assistance funds, an 
     institution of higher education, or other postsecondary 
     educational institution, may not use revenues derived from 
     Department of Defense educational assistance funds for 
     recruiting or marketing activities described in subsection 
     (b).
       (b) Covered Activities.--Except as provided in subsection 
     (c), the recruiting and marketing activities subject to 
     subsection (a) shall include the following:
       (1) Advertising and promotion activities, including paid 
     announcements in newspapers, magazines, radio, television, 
     billboards, electronic media, naming rights, or any other 
     public medium of communication, including paying for displays 
     or promotions at job fairs, military installations, or 
     college recruiting events.
       (2) Efforts to identify and attract prospective students, 
     either directly or through a contractor or other third party, 
     including contact concerning a prospective student's 
     potential enrollment or application for grant, loan, or work 
     assistance under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.) or participation in preadmission or 
     advising activities, including--
       (A) paying employees responsible for overseeing enrollment 
     and for contacting potential students in-person, by phone, by 
     email, or by other internet communications regarding 
     enrollment; and
       (B) soliciting an individual to provide contact information 
     to an institution of higher education, including Internet 
     websites established for such purpose and funds paid to third 
     parties for such purpose.
       (3) Such other activities as the Secretary of Defense may 
     prescribe, including paying for promotion or sponsorship of 
     education or military-related associations.
       (c) Exceptions.--Any activity that is required as a 
     condition of receipt of funds by an institution under title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
     seq.), is specifically authorized under such title, or is 
     otherwise specified by the Secretary of Education, shall not 
     be considered to be a covered activity under paragraph (2).
       (d) Department of Defense Educational Assistance Funds.--In 
     this section, the term ``Department of Defense educational 
     assistance funds'' means funds provided directly to an 
     institution or to a student attending such institution under 
     any of the following provisions of law:
       (1) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 
     10, United States Code.
       (2) Section 1784a, 2005, or 2007 of such title 10.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed as a limitation on the use by an institution of 
     revenues derived from sources other than Department of 
     Defense educational assistance funds.
       (f) Reports.--As a condition on the receipt of Department 
     of Defense educational assistance funds, each institution of 
     higher education, or other postsecondary educational 
     institution, that derives revenues from Department of Defense 
     educational assistance funds shall submit to the Secretary of 
     Defense and to Congress each year a report that includes the 
     following:
       (1) The institution's expenditures on advertising, 
     marketing, and recruiting.
       (2) A verification from an independent auditor that the 
     institution is in compliance with the requirements of this 
     subsection.
       (3) A certification from the institution that the 
     institution is in compliance with the requirements of this 
     subsection.
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