I 
114TH CONGRESS 
1ST SESSION 
H. R. 970 
To prohibit the Secretary of Education from engaging in regulatory overreach 
with regard to institutional eligibility under title IV of the Higher Edu-
cation Act of 1965, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2015 
Ms. FOXX (for herself, Mr. HASTINGS, Mr. KLINE, and Mr. SALMON) intro-
duced the following bill; which was referred to the Committee on Edu-
cation and the Workforce 
A BILL 
To prohibit the Secretary of Education from engaging in 
regulatory overreach with regard to institutional eligi-
bility under title IV of the Higher Education Act of 
1965, 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 ‘‘Supporting Academic 
Freedom through Regulatory Relief Act’’. 
SEC. 2. REGULATORY RELIEF. 
(a) REGULATIONS REPEALED.— 
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(1) REPEAL.—The following regulations (in-
cluding any supplement or revision to such regula-
tions) are repealed and shall have no legal effect: 
(A) 
STATE
AUTHORIZATION.—Sections 
600.4(a)(3), 600.5(a)(4), 600.6(a)(3), 600.9, 
and 668.43(b) of title 34, Code of Federal Reg-
ulations (relating to State authorization), as 
added or amended by— 
(i) the final regulations published by 
the Department of Education in the Fed-
eral Register on October 29, 2010 (75 
Fed. Reg. 66832 et seq.); or 
(ii) the negotiated rulemaking com-
mittee established after the notice of inten-
tion to establish such committee published 
in the Federal Register on November 20, 
2013 (78 Fed. Reg. 69612 et seq.). 
(B) DEFINITION OF CREDIT HOUR.—The 
definition of the term ‘‘credit hour’’ in section 
600.2 of title 34, Code of Federal Regulations, 
as added by the final regulations published by 
the Department of Education in the Federal 
Register on October 29, 2010 (75 Fed. Reg. 
66946), and clauses (i)(A), (ii), and (iii) of sub-
section (k)(2) of section 668.8 of such title, as 
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amended by such final regulations (75 Fed. 
Reg. 66949 et seq.). 
(C) 
GAINFUL
EMPLOYMENT.—Sections 
600.10(c), 600.20(d), 668.6, and 668.7, of title 
34, Code of Federal Regulations as added or 
amended by the final regulations published by 
the Department of Education in the Federal 
Register on October 31, 2014 (79 Fed. Reg. 
64889 et seq.). 
(2) EFFECT OF REPEAL.—To the extent that 
regulations repealed by paragraph (1) amended reg-
ulations that were in effect on June 30, 2011, the 
provisions of the regulations that were in effect on 
June 30, 2011, and were so amended are restored 
and revived as if the regulations repealed by para-
graph (1) had not taken effect. 
(b) CERTAIN REGULATIONS AND OTHER ACTIONS 
PROHIBITED.— 
(1) STATE AUTHORIZATION, GAINFUL EMPLOY-
MENT, AND TEACHER PREPARATION.— 
(A) IN GENERAL.—The Secretary of Edu-
cation shall not, during the period described in 
subparagraph (B), promulgate or enforce any 
regulation or rule not in effect on the date of 
enactment of this Act for any purpose under 
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the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.) with respect to— 
(i) the State authorization for institu-
tions of higher education to operate within 
a State; 
(ii) the definition or application of the 
term ‘‘gainful employment’’; or 
(iii) a teacher preparation program 
accountability system. 
(B) PERIOD OF PROHIBITION.—The period 
during which the Secretary is prohibited from 
promulgating or enforcing a regulation de-
scribed in subparagraph (A) shall be the period 
beginning on the date of enactment of this Act 
and ending on the date of enactment of a law 
that extends by not less than 2 fiscal years the 
authorization or duration of one or more pro-
grams under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.). 
(2) CREDIT
HOUR.—The Secretary of Edu-
cation shall not, on or after the date of enactment 
of this Act, promulgate or enforce any regulation or 
rule with respect to the definition of the term ‘‘cred-
it hour’’ for any purpose under the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001 et seq.). 
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(3) POSTSECONDARY
INSTITUTION
RATINGS 
SYSTEM.—The Secretary of Education shall not 
carry out, develop, refine, promulgate, publish, im-
plement, administer, or enforce a postsecondary in-
stitution ratings system or any other performance 
system to rate institutions of higher education (as 
defined in section 102 of the Higher Education Act 
of 1965 (20 U.S.C. 1002)). 
SEC. 3. THIRD-PARTY SERVICE PROVIDERS. 
Section 487(a)(20) of the Higher Education Act of 
1965 (20 U.S.C. 1094(a)(20)) is amended by adding at 
the end the following: ‘‘Notwithstanding the preceding 
sentence, an institution described in section 101 may pro-
vide payment, based on the amount of tuition generated 
by the institution from student enrollment, to a third- 
party entity that provides a set of services to the institu-
tion that includes student recruitment services, regardless 
of whether the third-party entity is affiliated with an insti-
tution that provides educational services other than the 
institution providing such payment, if— 
‘‘(A) the third-party entity is not affiliated 
with the institution providing such payment; 
‘‘(B) the third-party entity does not make 
compensation payments to its employees that 
are prohibited under this paragraph; 
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