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

  SA 1818. 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:

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

       Section 3696 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e)(1) The Secretary shall not approve under this chapter 
     any course offered by an educational institution if the 
     educational institution uses for recruiting or marketing 
     activities described in paragraph (2) any revenue derived 
     from educational assistance furnished under any of the 
     following provisions of law:
       ``(A) Chapter 30, 31, 32, 33, 34, or 35 of this title.
       ``(B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 
     10.
       ``(C) Section 1784a, 2005, or 2007 of title 10.
       ``(2) Except as provided in paragraph (3), the recruiting 
     and marketing activities subject to paragraph (1) shall 
     include the following:
       ``(A) 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.
       ``(B) 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--
       ``(i) 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
       ``(ii) 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.
       ``(C) Such other activities as the Secretary may prescribe, 
     including paying for promotion or sponsorship of education or 
     military-related associations.
       ``(3) 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).
       ``(4) Nothing in this section shall be construed as a 
     limitation on the use by an institution of revenues derived 
     from sources other than educational assistance furnished 
     under the provisions of law listed in paragraph (1).
       ``(5) The Secretary shall not approve under this chapter 
     any course offered by an educational institution that derives 
     revenue from educational assistance furnished under the 
     provisions of law listed in paragraph (1) unless the 
     educational institution submits to the Secretary and to 
     Congress each year a report that includes the following:
       ``(A) The institution's expenditures on advertising, 
     marketing, and recruiting.
       ``(B) A verification from an independent auditor that the 
     institution is in compliance with the requirements of this 
     subsection.
       ``(C) A certification from the institution that the 
     institution is in compliance with the requirements of this 
     subsection.''.
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