; and (III) providing funds to a third party to create or maintain a website for the purpose of obtaining contact information regarding prospective students. (iii) Any other activity as the Secretary may determine. (B) Exception An activity that is required as a condition of receipt of funds by an institution under title IV, or under another applicable Federal law, shall not be considered to be a recruiting and marketing activity under subparagraph (A). . (b) Title IV programs Section 481 of the Higher Education Act of 1965 ( 20 U.S.C. 1088 ) is amended by adding at the end the following new subsection: (g) Student default risk In this title, the term student default risk means the percentage that is calculated by taking an institution’s cohort default rate (as defined in section 435(m)) for the most recent fiscal year available, and multiplying it by the percentage of students enrolled at such institution receiving a loan made, insured, or guaranteed under this title during the previous academic year. . 4. Restriction on marketing with Federal educational assistance funds (a) Repeal of existing provision The Higher Education Opportunity Act is amended by striking section 119 ( 20 U.S.C. 1011m ). (b) Insertion in Higher Education Act of 1965 and amendments 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: 124. Certification regarding the use of certain Federal funds and Restrictions on Sources of Funds for Recruiting and Marketing Activities (a) Prohibition 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). (b) Applicability The prohibition in subsection (a) applies with respect to