Sec. 4. Restriction on marketing with Federal educational assistance funds
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The Higher Education Opportunity Act is amended by striking section 119 ( 20 U.S.C. 1011m ). Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq.) is amended by adding at the end the following new section: No Federal funds received under this Act by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b). The prohibition in subsection
(a)applies with respect to the following Federal actions: The awarding of any Federal contract. The making of any Federal grant. The making of any Federal loan. The entering into of any Federal cooperative agreement. The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. No Federal student aid funding under this Act may be used to hire a registered lobbyist or pay any person or entity for securing an earmark. 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. 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 funds. 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 statement of the institution’s expenditures on advertising, marketing, and recruiting; and a verification from an independent auditor that the institution is in compliance with the requirements of this subsection. Each institution of higher education or other postsecondary educational institution receiving Federal funding under this Act, as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections
(a)through
(d)have been met. The Secretary shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced. .
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