S.Amdt. 2780

SA 2780. Mr. BROWN (for himself, Mr. Blumenthal, Ms. Warren, Mrs.
Murray, Mr. Durbin, and Mr. Carper) submitted an amendment intended to
be proposed to amendment SA 2282 proposed by Mr. Inhofe (for himself
and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for
fiscal year 2019 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 D of title X, add the following:

SEC. 1037. 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

[[Page S3723]]

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. 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.
______