S.Amdt. 1818

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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