# § 1011m. Certification regarding the use of certain Federal funds
**(a)** **Prohibition** 20 U.S.C. 1001
No Federal funds received under the Higher Education Act of 1965 ( et seq.) 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 the following Federal actions:
**(1)** The awarding of any Federal contract.
**(2)** The making of any Federal grant.
**(3)** The making of any Federal loan.
**(4)** The entering into of any Federal cooperative agreement.
**(5)** The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
**(c)** **Lobbying and earmarks** 20 U.S.C. 1001
No Federal student aid funding under the Higher Education Act of 1965 ( et seq.) may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.
**(d)** **Certification** 20 U.S.C. 1001
Each institution of higher education or other postsecondary educational institution receiving Federal funding under the Higher Education Act of 1965 ( et seq.), as a condition for receiving such funding, shall annually certify to the Secretary of Education that the requirements of subsections (a) through (c) have been met.
**(e)** **Actions to implement and enforce** The Secretary of Education shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.
---
**Source Credit**: (Pub. L. 110–315, title I, § 119, Aug. 14, 2008, 122 Stat. 3117.)
## Editorial Notes
### References in Text
The Higher Education Act of 1965, referred to in subsecs. (a), (c), and (d), is , , , which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.
### Codification
Section was enacted as part of the Higher Education Opportunity Act, and not as part of the Higher Education Act of 1965 which comprises this chapter.
### Prior Provisions
A prior section 1012, , as added , , , related to establishment of off-campus program grants, prior to the general amendment of this subchapter by .
Another prior section 1012, , as added , , , provided for State allotments including percentage breakdown and cases of States not conducting comprehensive statewide planning, prior to the general amendment of this subchapter by .
A prior section 1013, , as added , , , related to adult and continuing education staff development, prior to the general amendment of this subchapter by .
Another prior section 1013, , as added , , ; amended , , ; , , , related to comprehensive statewide planning with respect to education outreach programs, prior to the general amendment of this subchapter by .
A prior section 1014, , as added , , , related to administration of programs by Secretary, prior to the general amendment of this subchapter by .
Another prior section 1014, , as added , , ; amended , , ; , , , related to information services, prior to the general amendment of this subchapter by .