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Union Calendar No. 116 

112TH CONGRESS 

1ST SESSION H. R. 2117 

[Report No. 112–177] 

To prohibit the Department of Education from overreaching into academic 

affairs and program eligibility under title IV of the Higher Education 

Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2011 

Ms. FOXX (for herself and Mr. KLINE) introduced the following bill; which 

was referred to the Committee on Education and the Workforce 

JULY 22, 2011 

Additional sponsors: Mr. HERGER, Mr. MCKEON, Mr. ROE of Tennessee, Mr. 

CARTER, Mr. GOWDY, Mr. ROKITA, Mr. AUSTRIA, Mr. PLATTS, Mrs. 

BIGGERT, Mr. LAMBORN, Mr. PAUL, Mr. DESJARLAIS, Mr. ROSS of Florida, Mr. HANNA, Mr. THOMPSON of Pennsylvania, Mr. WEST, Mr. 

BARLETTA, Mrs. ROBY, Mrs. ELLMERS, Mr. WALBERG, Mr. PETRI, Mr. 

MARCHANT, Mr. COBLE, Mr. SCHOCK, Mr. BURGESS, Mr. BONNER, Mr. 

OLSON, Mr. MICA, Mr. GERLACH, Mr. COFFMAN of Colorado, Mr. WHITFIELD, Mr. ANDREWS, Mr. BRADY of Texas, Mr. GUTHRIE, Mrs. 

MYRICK, Mr. THORNBERRY, Mr. SMITH of New Jersey, Mr. SHUSTER, 

Mr. SMITH of Nebraska, Mr. CONAWAY, Ms. GRANGER, Mr. CHAFFETZ, 

Mr. HULTGREN, Mr. GUINTA, Mr. REED, Mr. FORBES, Mrs. BLACKBURN, Mr. BENISHEK, Mr. COHEN, Mr. BURTON of Indiana, Mr. 

LUETKEMEYER, Mr. MARINO, Mr. DUNCAN of South Carolina, Mr. STIVERS, Mr. NEUGEBAUER, Mrs. EMERSON, Ms. JENKINS, Mr. SESSIONS, 

Mr. FLEISCHMANN, Mr. GARDNER, Mr. GRAVES of Missouri, Mr. BACHUS, Mr. ROGERS of Alabama, Mr. SMITH of Texas, Mr. ROSKAM, Mr. 

MCCAUL, Mr. BROOKS, and Mr. KISSELL

JULY 22, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

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•HR 2117 RH

A BILL 

To prohibit the Department of Education from overreaching 

into academic affairs and program eligibility under title 

IV of the Higher Education Act of 1965. 

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

3 SECTION 1. REPEAL OF REGULATIONS RELATING TO 

4 STATE AUTHORIZATION AND DEFINING 

5 CREDIT HOUR. 

6 (a) REGULATIONS REPEALED.— 

7 (1) REPEAL.—The following regulations (in8 cluding any supplement or revision to such regula9 tions) are repealed and shall have no legal effect: 

10 (A) STATE AUTHORIZATION.—Sections 

11 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, 

12 and 668.43(b) of title 34, Code of Federal Reg13 ulations (relating to State authorization), as 

14 added or amended by the final regulations pub15 lished by the Department of Education in the 

16 Federal Register on October 29, 2010 (75 Fed. 

17 Reg. 66832 et seq.). 

18 (B) DEFINITION OF CREDIT HOUR.—The 

19 definition of the term ‘‘credit hour’’ in section 

20 600.2 of title 34, Code of Federal Regulations, 

21 as added by the final regulations published by 

22 the Department of Education in the Federal 

23 Register on October 29, 2010 (75 Fed. Reg. 

24 66946), and subsection (k)(2)(ii) of section 

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1 668.8 of such title, as amended by such final 

2 regulations (75 Fed. Reg. 66949 et seq.). 

3 (2) EFFECT OF REPEAL.—To the extent that 

4 regulations repealed by paragraph (1) amended reg5 ulations that were in effect on June 30, 2011, the 

6 provisions of the regulations that were in effect on 

7 June 30, 2011, and were so amended are restored 

8 and revived as if the regulations repealed by para9 graph (1) had not taken effect. 

10 (b) REGULATIONS DEFINING CREDIT HOUR PROHIB11 ITED.—The Secretary shall not promulgate or enforce any 

12 regulation or rule that defines the term ‘‘credit hour’’ for 

13 any purpose under the Higher Education Act of 1965 on 

14 or after the date of enactment of this section. 

15 SECTION 1. SHORT TITLE. 

16 This Act may be cited as the ‘‘Protecting Academic 

17 Freedom in Higher Education Act’’. 

18 SEC. 2. REPEAL OF REGULATIONS RELATING TO STATE AU19 THORIZATION AND DEFINING CREDIT HOUR. 

20 (a) REGULATIONS REPEALED.— 

21 (1) REPEAL.—The following regulations (includ22 ing any supplement or revision to such regulations) 

23 are repealed and shall have no legal effect: 

24 (A) STATE AUTHORIZATION.—Sections 

25 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 

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1 668.43(b) of title 34, Code of Federal Regulations 

2 (relating to State authorization), as added or 

3 amended by the final regulations published by 

4 the Department of Education in the Federal 

5 Register on October 29, 2010 (75 Fed. Reg. 

6 66832 et seq.). 

7 (B) DEFINITION OF CREDIT HOUR.—The 

8 definition of the term ‘‘credit hour’’ in section 

9 600.2 of title 34, Code of Federal Regulations, as 

10 added by the final regulations published by the 

11 Department of Education in the Federal Register 

12 on October 29, 2010 (75 Fed. Reg. 66946), and 

13 subsection (k)(2)(ii) of section 668.8 of such title, 

14 as amended by such final regulations (75 Fed. 

15 Reg. 66949 et seq.). 

16 (2) EFFECT OF REPEAL.—To the extent that reg17 ulations repealed by paragraph (1) amended regula18 tions that were in effect on June 30, 2011, the provi19 sions of the regulations that were in effect on June 30, 

20 2011, and were so amended are restored and revived 

21 as if the regulations repealed by paragraph (1) had 

22 not taken effect. 

23 (b) REGULATIONS DEFINING CREDIT HOUR PROHIB24 ITED.—The Secretary shall not promulgate or enforce any 

25 regulation or rule that defines the term ‘‘credit hour’’ for 

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•HR 2117 RH

1 any purpose under the Higher Education Act of 1965 on 

2 or after the date of enactment of this section. 

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Union Calendar No. 116 

112TH CONGRESS 

1ST SESSION H. R. 2117 

[Report No. 112–177] 

A BILL 

To prohibit the Department of Education from 

Act of 1965. eligibility under title IV of the Higher Education overreaching into academic affairs and program 

JULY 22, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

mstockstill on DSK4VPTVN1PROD with BILLS