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 pur-
poses. 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Higher Education Stu-
dent Protection Act’’. 
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SEC. 2. INSTITUTIONAL EXPENDITURES. 
(a) CONSUMER INFORMATION.—Section 132(i)(1) of 
the Higher Education Act of 1965 (20 U.S.C. 
1015a(i)(1)) is amended by adding at the end: 
‘‘(AA) The institution’s expenditures on in-
struction, student services, marketing, recruit-
ment, advertising, and lobbying.’’. 
(b) RESTRICTIONS ON CERTAIN EXPENDITURES.— 
Part G of title IV of the Higher Education Act of 1965 
is amended by adding at the end the following: 
‘‘SEC. 498E. RESTRICTIONS ON CERTAIN EXPENDITURES. 
‘‘(a) ESTABLISHING DEFINITIONS.— 
‘‘(1) IN GENERAL.—For purposes of each sur-
vey conducted under the Integrated Postsecondary 
Education Data System after the date of enactment 
of the Higher Education Student Protection Act and 
this Act, the Secretary shall define the following 
terms: 
‘‘(A) Marketing. 
‘‘(B) Recruitment. 
‘‘(C) Advertising. 
‘‘(D) Lobbying. 
‘‘(E) Student services. 
‘‘(2) EXCLUSION OF CERTAIN ACTIVITIES.—In 
defining the term ‘student services’ under paragraph 
(1)(E), the Secretary shall ensure that such term 
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does not include marketing, recruitment, advertising, 
or lobbying. 
‘‘(b) LIMITATION ON EXPENDITURES.—In a case in 
which the Secretary determines with respect to an institu-
tion of higher education participating in any program 
under this title that, for any of the 3 most recent institu-
tional fiscal years for which the institution submits to the 
Secretary disclosures on the expenditures of the institution 
on instruction, the amount expended by such institution 
on instruction for such fiscal year is less than an amount 
equal to 1/3 of institution’s revenues derived from tuition 
and fees— 
‘‘(1) for any institutional fiscal year after such 
determination is made, the sum of the amount ex-
pended by the institution on marketing, recruitment, 
advertising, and lobbying may not exceed the 
amount of the institution’s revenues derived from 
sources other than Federal education assistance 
funds; and 
‘‘(2) in a case in which the institution fails to 
meet the requirements of paragraph (1) for 2 con-
secutive institutional fiscal years, the institution 
shall be ineligible to participate in the programs au-
thorized by this title for a period of not less than 
two institutional fiscal years. 
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‘‘(c) PUBLICATION
ON WEBSITE.—The Secretary 
shall, on an annual basis, publicly disclose on the Depart-
ment’s website, information with respect to any institution 
of higher education that is subject to the requirements of 
subsection (b)(1), including— 
‘‘(1) the quotient of the amount that the insti-
tution expends on instruction for purposes of section 
132(i)(1)(AA) divided by the institution’s revenues 
derived from tuition and fees, expressed as a per-
centage; 
‘‘(2) the sum of such institution’s expenditures 
on advertising, recruiting, marketing, and lobbying; 
‘‘(3) the amount of such institution’s revenues 
received from sources outside of Federal education 
assistance funds; and 
‘‘(4) the difference between paragraphs (2) and 
(3).’’. 
Æ 
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