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

  SA 983. 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 G of title X, add the following:

     SEC. ___. RESTRICTIONS ON SOURCES OF FUNDS FOR RECRUITING AND 
                   MARKETING ACTIVITIES.

       (a) Short Title.--This section may be cited as the 
     ``Protecting Financial Aid for Students and Taxpayers Act''.
       (b) Restrictions on Sources of Funds for Recruiting and 
     Marketing Activities.--Section 119 of the Higher Education 
     Opportunity Act (20 U.S.C. 1011m) is amended--
       (1) in the section heading, by inserting ``and restrictions 
     on sources of funds for recruiting and marketing activities'' 
     after ``funds'';
       (2) in subsection (d), by striking ``subsections (a) 
     through (c)'' and inserting ``subsections (a), (b), (c), and 
     (e)'';
       (3) by redesignating subsection (e) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Restrictions on Sources of Funds for Recruiting and 
     Marketing Activities.--
       ``(1) In general.--An institution of higher education, or 
     other postsecondary educational institution, may not use 
     revenues derived from Federal educational assistance funds 
     for recruiting or marketing activities described in paragraph 
     (2).
       ``(2) Covered activities.--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 
     websites established for such purpose and funds paid to third 
     parties for such purpose.
       ``(C) Such other activities as the Secretary of Education 
     may prescribe, including paying for promotion or sponsorship 
     of education or military-related associations.
       ``(3) 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).
       ``(4) Federal educational assistance funds.--In this 
     subsection, the term `Federal 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:
       ``(A) Title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.).
       ``(B) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United 
     States Code.
       ``(C) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 
     10, United States Code.
       ``(D) Section 1784a, 2005, or 2007 of title 10, United 
     States Code.
       ``(E) Title I of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3111 et seq.).
       ``(F) The Adult Education and Family Literacy Act (29 
     U.S.C. 3271 et seq.).
       ``(5) Rule of construction.--Nothing in this subsection 
     shall be construed as a limitation on the use by an 
     institution of revenues derived from sources other than 
     Federal educational assistance funds.
       ``(6) Reports.--Each institution of higher education, or 
     other postsecondary educational institution, that derives 65 
     percent or more of revenues from Federal educational 
     assistance funds shall report annually to the Secretary and 
     to Congress and shall include in such report--
       ``(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; and
       ``(C) a certification from the institution that the 
     institution is in compliance with the requirements of this 
     subsection.''.
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