IB 

Union Calendar No. 151 

113TH CONGRESS 

1ST SESSION H. R. 2637 

[Report No. 113–205] 

To prohibit the Secretary of Education from engaging in regulatory overreach 

with regard to institutional eligibility under title IV of the Higher Education Act of 1965, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 10, 2013 

Ms. FOXX (for herself, Mr. KLINE, and Mr. HASTINGS of Florida) introduced 

the following bill; which was referred to the Committee on Education and 

the Workforce 

SEPTEMBER 10, 2013 

Additional sponsors: Mr. BARLETTA, Mr. DESJARLAIS, Mr. WALBERG, Mr. 

PRICE of Georgia, Mrs. ROBY, Mr. ROKITA, Mr. RIBBLE, and Mr. MATHESON

SEPTEMBER 10, 2013 

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] 

[For text of introduced bill, see copy of bill as introduced on July 10, 2013] 


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•HR 2637 RH

A BILL 

To prohibit the Secretary of Education from engaging in 

regulatory overreach with regard to institutional eligibility under title IV of the Higher Education Act of 

1965, and for other purposes. 


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•HR 2637 RH

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 ‘‘Supporting Academic 

5 Freedom through Regulatory Relief Act’’. 

6 SEC. 2. REGULATORY RELIEF. 

7 (a) REGULATIONS REPEALED.— 

8 (1) REPEAL.—The following regulations (includ9 ing any supplement or revision to such regulations) 

10 are repealed and shall have no legal effect: 

11 (A) STATE AUTHORIZATION.—Sections 

12 600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, and 

13 668.43(b) of title 34, Code of Federal Regulations 

14 (relating to State authorization), as added or 

15 amended by the final regulations published by 

16 the Department of Education in the Federal 

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

18 66832 et seq.). 

19 (B) DEFINITION OF CREDIT HOUR.—The 

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

21 600.2 of title 34, Code of Federal Regulations, as 

22 added by the final regulations published by the 

23 Department of Education in the Federal Register 

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

25 clauses (i)(A), (ii), and (iii) of subsection (k)(2) 


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1 of section 668.8 of such title, as amended by such 

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

3 (C) GAINFUL EMPLOYMENT.—Sections 

4 600.10(c), 600.20(d), 668.6, and 668.7, of title 

5 34, Code of Federal Regulations as added or 

6 amended by the final regulations published by 

7 the Department of Education in the Federal 

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

9 66832 et seq. and 75 Fed. Reg. 66665 et seq.) 

10 and June 13, 2011 (76 Fed. Reg. 34386 et seq.). 

11 (2) EFFECT OF REPEAL.—To the extent that reg12 ulations repealed by paragraph (1) amended regula13 tions that were in effect on June 30, 2011, the provi14 sions of the regulations that were in effect on June 30, 

15 2011, and were so amended are restored and revived 

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

17 not taken effect. 

18 (b) CERTAIN REGULATIONS PROHIBITED.— 

19 (1) STATE AUTHORIZATION AND GAINFUL EM20 PLOYMENT.— 

21 (A) IN GENERAL.—The Secretary of Edu22 cation shall not, during the period described in 

23 subparagraph (B), promulgate or enforce any 

24 regulation or rule not in effect on the date of en25 actment of this Act for any purpose under the 


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1 Higher Education Act of 1965 (20 U.S.C. 1001 

2 et seq.) with respect to— 

3 (i) the State authorization for institu4 tions of higher education to operate within 

5 a State; or 

6 (ii) the definition or application of the 

7 term ‘‘gainful employment’’. 

8 (B) PERIOD OF PROHIBITION.—The period 

9 during which the Secretary is prohibited from 

10 promulgating or enforcing a regulation described 

11 in subparagraph (A) shall be the period begin12 ning on the date of enactment of this Act and 

13 ending on the date of enactment of a law that ex14 tends by not less than 2 fiscal years the author15 ization or duration of one or more programs 

16 under the Higher Education Act of 1965 (20 

17 U.S.C. 1001 et seq.). 

18 (2) CREDIT HOUR.—The Secretary of Education 

19 shall not, on or after the date of enactment of this 

20 Act, promulgate or enforce any regulation or rule 

21 with respect to the definition of the term ‘‘credit 

22 hour’’ for any purpose under the Higher Education 

23 Act of 1965 (20 U.S.C. 1001 et seq.). 


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1 SEC. 3. THIRD-PARTY SERVICE PROVIDERS. 

2 Section 487(a)(20) of the Higher Education Act of 

3 1965 (20 U.S.C. 1094(a)(20)) is amended by adding at the 

4 end the following: ‘‘Notwithstanding the preceding sentence, 

5 an institution described in section 101 may provide pay6 ment, based on the amount of tuition generated by the insti7 tution from student enrollment, to a third-party entity that 

8 provides a set of services to the institution that includes 

9 student recruitment services, regardless of whether the third10 party entity is affiliated with an institution that provides 

11 educational services other than the institution providing 

12 such payment, if— 

13 ‘‘(A) the third-party entity is not affiliated 

14 with the institution providing such payment; 

15 ‘‘(B) the third-party entity does not make 

16 compensation payments to its employees that are 

17 prohibited under this paragraph; 

18 ‘‘(C) the set of services provided to the insti19 tution by the third-party entity include services 

20 in addition to student recruitment services, and 

21 the institution does not pay the third-party enti22 ty solely or separately for student recruitment 

23 services provided by the third-party entity; and 

24 ‘‘(D) any student recruitment information 

25 available to the third-party entity, including 

26 personally identifiable information, will not be 


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1 used by, shared with, or sold to any other person 

2 or entity, including any institution that is affili3 ated with the third-party entity.’’. 


sroberts on DSK5SPTVN1PROD with BILLS
Union Calendar No. 151 

113TH CONGRESS 

1ST SESSION H. R. 2637 

[Report No. 113–205] 

A BILL 

To prohibit the Secretary of Education from engagEducation Act of 1965, and for other purposes. tutional eligibility under title IV of the Higher ing in regulatory overreach with regard to instiSEPTEMBER 10, 2013 

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


sroberts on DSK5SPTVN1PROD with BILLS