Sec. 301. Restrictions on sources of funds for recruiting and marketing activities
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Section 119 of the Higher Education Opportunity Act ( 20 U.S.C. 1011m ) is repealed. Part B of title I of the Act ( 20 U.S.C. 1011 et seq.), as amended by title I, is further amended by adding at the end the following: No Federal student aid funding under this Act received by an institution of higher education 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 paragraph (2). The prohibition in paragraph
(1)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 may not use revenues derived from Federal education assistance funds for recruiting or marketing activities described in paragraph (2). Except as provided in subparagraph (B), the recruiting and marketing activities subject to paragraph
(1)shall include the following: 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. Efforts to identify and attract prospective students, either directly or through a third party contractor, including contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV or participation in preadmission or advising activities, including— 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 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. Such other activities as the Secretary may prescribe, including paying for promotion or sponsorship of education or military-related associations. Any activity that is required as a condition of receipt of funds by an institution under title IV, is specifically authorized under such title, or is otherwise specified by the Secretary, shall not be considered to be a covered activity under this paragraph. Nothing in this subsection shall be construed as a limitation on the use by an institution of revenues derived from sources other than Federal education assistance funds. Each institution of higher education, that derives 65 percent or more of revenues from Federal education assistance funds shall report annually to the Secretary and to Congress and shall include in such report— the institution’s expenditures on advertising, marketing, and recruiting; a verification from an independent auditor that the institution is in compliance with the requirements of this subsection; and a certification from the institution that the institution is in compliance with the requirements of this subsection. In this subsection, the term Federal education assistance funds has the meaning given that term in section 102(b)(2)(B) (as added by section 101 of the Preventing Risky Operations from Threatening the Education and Career Trajectories of Students Act of 2019 ). Each institution of higher education receiving Federal funding under this Act, as a condition for receiving such funding, shall annually certify to the Secretary that the requirements of this section 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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Sec. 301
Restrictions on sources of funds for recruiting and marketing activities
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