I 

116TH CONGRESS 

1ST SESSION H. R. 4475 

To amend the Higher Education Act of 1965 to determine the expenditures 

of an institution of higher education on instruction, student services, 

marketing, recruitment, advertising, and lobbying, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 24, 2019 

Mr. MALINOWSKI introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend the Higher Education Act of 1965 to determine 

the expenditures of an institution of higher education 

on instruction, student services, marketing, recruitment, 

advertising, and lobbying, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Higher Education Stu5 dent Protection Act’’. 


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1 SEC. 2. INSTITUTIONAL EXPENDITURES. 

2 (a) CONSUMER INFORMATION.—Section 132(i)(1) of 

3 the Higher Education Act of 1965 (20 U.S.C. 

4 1015a(i)(1)) is amended by adding at the end: 

5 ‘‘(AA) The institution’s expenditures on in6 struction, student services, marketing, recruit7 ment, advertising, and lobbying.’’. 

8 (b) RESTRICTIONS ON CERTAIN EXPENDITURES.— 

9 Part G of title IV of the Higher Education Act of 1965 

10 is amended by adding at the end the following: 

11 ‘‘SEC. 498E. RESTRICTIONS ON CERTAIN EXPENDITURES. 

12 ‘‘(a) ESTABLISHING DEFINITIONS.— 

13 ‘‘(1) IN GENERAL.—For purposes of each sur14 vey conducted under the Integrated Postsecondary 

15 Education Data System after the date of enactment 

16 of the Higher Education Student Protection Act and 

17 this Act, the Secretary shall define the following 

18 terms: 

19 ‘‘(A) Marketing. 

20 ‘‘(B) Recruitment. 

21 ‘‘(C) Advertising. 

22 ‘‘(D) Lobbying. 

23 ‘‘(E) Student services. 

24 ‘‘(2) EXCLUSION OF CERTAIN ACTIVITIES.—In 

25 defining the term ‘student services’ under paragraph 

26 (1)(E), the Secretary shall ensure that such term 


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1 does not include marketing, recruitment, advertising, 

2 or lobbying. 

3 ‘‘(b) LIMITATION ON EXPENDITURES.—In a case in 

4 which the Secretary determines with respect to an institu5 tion of higher education participating in any program 

6 under this title that, for any of the 3 most recent institu7 tional fiscal years for which the institution submits to the 

8 Secretary disclosures on the expenditures of the institution 

9 on instruction, the amount expended by such institution 

10 on instruction for such fiscal year is less than an amount 

11 equal to 1/3 of institution’s revenues derived from tuition 

12 and fees— 

13 ‘‘(1) for any institutional fiscal year after such 

14 determination is made, the sum of the amount ex15 pended by the institution on marketing, recruitment, 

16 advertising, and lobbying may not exceed the 

17 amount of the institution’s revenues derived from 

18 sources other than Federal education assistance 

19 funds; and 

20 ‘‘(2) in a case in which the institution fails to 

21 meet the requirements of paragraph (1) for 2 con22 secutive institutional fiscal years, the institution 

23 shall be ineligible to participate in the programs au24 thorized by this title for a period of not less than 

25 two institutional fiscal years. 


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1 ‘‘(c) PUBLICATION ON WEBSITE.—The Secretary 

2 shall, on an annual basis, publicly disclose on the Depart3 ment’s website, information with respect to any institution 

4 of higher education that is subject to the requirements of 

5 subsection (b)(1), including— 

6 ‘‘(1) the quotient of the amount that the insti7 tution expends on instruction for purposes of section 

8 132(i)(1)(AA) divided by the institution’s revenues 

9 derived from tuition and fees, expressed as a per10 centage; 

11 ‘‘(2) the sum of such institution’s expenditures 

12 on advertising, recruiting, marketing, and lobbying; 

13 ‘‘(3) the amount of such institution’s revenues 

14 received from sources outside of Federal education 

15 assistance funds; and 

16 ‘‘(4) the difference between paragraphs (2) and 

17 (3).’’. 

Æ 


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