,,ii #aadth ,,congress #ast ,session ,s4 #aijh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #cj1 #bjae,mr4 ,brown 7for himself1 ,mr4 ,durbin1 ,mr4 ,franken1 ,mr4 ,carper1 ,mr4 ,blumenthal1 and ,mr4 ,murphy7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,opportunity ,act to restrict institutions of higher education from using revenues derived from ,federal educational assistance funds for advertising1 marketing1 or recruiting purposes4 #a4 ,short title2 findings 7a7 ,short title ,this ,act may be cited as the ,protecting ,financial ,aid for ,students and ,taxpayers ,act4 7b7 ,findings ,congress finds the following3 7#a7 ,from #aiih to #bjac1 enrollment in for-profit institutions of higher education increased by #cad percent1 from #dih1agf students to #b1jfd1ibj students4 7#b7 ,in the #bjab-bjac academic year1 students who enrolled at for-profit institutions of higher education received #bf1dfi1jbh1ebc in ,federal ,pell ,grants and student loans4 7#c7 ,eight out of the #aj top recipients of ,post- #i_/aa ,educational ,assistance funds are for-profit institutions of higher education4 ,these #h companies have received #b1ijj1jjj1jjj in taxpayer funds to enroll veterans from #bjji to #bjac4 7#d7 ,an analysis of #ae publicly traded companies that operate institutions of higher education shows that1 on average1 such companies spend #bh percent of expenditures on advertising1 marketing1 and recruiting4 #b4 ,restrictions on sources of funds for recruiting and marketing activities ,section #aai of the ,higher ,education ,opportunity ,act 7#bj ,u4,s4,c4 #ajaam7 is amended-- 7#a7 in the section heading1 by inserting and ,restrictions on ,sources of ,funds for ,recruiting and ,marketing ,activities after ,funds2 7#b7 in subsection 7d71 by striking subsections 7a7 through 7c7 and inserting subsections 7a71 7b71 7c71 and 7e72 7#c7 by redesignating subsection 7e7 as subsection 7f72 and 7#d7 by inserting after subsection 7d7 the following3 7e7 ,restrictions on sources of funds for recruiting and marketing activities 7#a7 ,in general ,an institution of higher education1 or other postsecondary educational institution1 may not use revenues derived from ,federal educational assistance funds for recruiting or marketing activities described in paragraph 7#b74 7#b7 ,covered activities ,except as provided in paragraph 7#c71 the recruiting and marketing activities subject to paragraph 7#a7 shall include the following3 7,a7 ,advertising and promotion activities1 including paid announcements in newspapers1 magazines1 radio1 television1 billboards1 electronic media1 naming rights1 or any other public medium of communication1 including paying for displays or promotions at job fairs1 military installations1 or college recruiting events4 7,b7 ,efforts to identify and attract prospective students1 either directly or through a contractor or other third party1 including contact concerning a prospective student's potential enrollment or application for grant1 loan1 or work assistance under title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 or participation in preadmission or advising activities1 including-- 7i7 paying employees responsible for overseeing enrollment and for contacting potential students in-person1 by phone1 by email1 or by other ,internet communications regarding enrollment2 and 7ii7 soliciting an individual to provide contact information to an institution of higher education1 including websites established for such purpose and funds paid to third parties for such purpose4 7,c7 ,such other activities as the ,secretary of ,education may prescribe1 including paying for promotion or sponsorship of education or military-related associations4 7#c7 ,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 #aife 7#bj ,u4,s4,c4 #ajgj et seq471 is specifically authorized under such title1 or is otherwise specified by the ,secretary of ,education1 shall not be considered to be a covered activity under paragraph 7#b74 7#d7 ,federal educational assistance funds ,in this subsection1 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 law3 7,a7 ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq474 7,b7 ,chapter #cj1 #ca1 #cb1 #cc1 #cd1 or #ce of title #ch1 ,united ,states ,code4 7,c7 ,chapter #aja1 #aje1 #ajf;,a1 #afjf1 #afjg1 or #afjh of title #aj1 ,united ,states ,code4 7,d7 ,section #aghd;a1 #bjje1 or #bjjg of title #aj1 ,united ,states ,code4 7,e7 ,title ,i of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa et seq474 7,f7 ,the ,adult ,education and ,family ,literacy ,act 7#bi ,u4,s4,c4 #cbga et seq474 7#e7 ,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 ,federal educational assistance funds4 7#f7 ,reports ,each institution of higher education1 or other postsecondary educational institution1 that derives #fe 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-- 7,a7 the institution's expenditures on advertising1 marketing1 and recruiting2 7,b7 a verification from an independent auditor that the institution is in compliance with the requirements of this subsection2 and 7,c7 a certification from the institution that the institution is in compliance with the requirements of this subsection4 4