[Congressional Record Volume 163, Number 147 (Tuesday, September 12, 2017)]
[Senate]
[Pages S5232-S5233]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 982. Mr. BROWN (for himself, Mr. Murphy, Mr. Durbin, Mr. 
Blumenthal, Mr. Franken, Mrs. Murray, and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill H.R. 2810, to 
authorize appropriations for fiscal year 2018 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 E of title X, add the following:

     SEC. __. 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.

[[Page S5233]]

       (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. 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 
     section.
                                 ______