[Congressional Record Volume 162, Number 84 (Thursday, May 26, 2016)]
[Senate]
[Page S3336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4336. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 2943, to authorize appropriations for fiscal year 
2017 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 F of title X, add the following:

     SEC. 1059. 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 
     advertising, recruiting, or marketing activities described in 
     subsection (b).
       (b) Covered Activities.--Except as provided in subsection 
     (c), the advertising, 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 subsection (b).
       (d) Department of Defense Educational Assistance Funds 
     Defined.--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.
       (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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