I 
115TH CONGRESS 
1ST SESSION H. R. 3052 
To establish the Higher Education Regulatory Reform Task Force, to expand 
the experimental sites initiative under the Higher Education Act of 
1965 to reduce college costs for students, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2017 
Mr. WELCH (for himself and Mr. GOWDY) introduced the following bill; which 
was referred to the Committee on Education and the Workforce, and in 
addition to the Committee on Rules, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish the Higher Education Regulatory Reform Task 
Force, to expand the experimental sites initiative under 
the Higher Education Act of 1965 to reduce college 
costs for students, 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 ‘‘Flexibility to Innovate 
for College Affordability Act’’. 
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SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK 
FORCE. 
(a) TASK FORCE ESTABLISHED.—Not later than 2 
months after the date of enactment of this Act, the Sec-
retary of Education shall establish the Higher Education 
Regulatory Reform Task Force. 
(b) MEMBERSHIP.—The Higher Education Regu-
latory Reform Task Force shall include— 
(1) the Secretary of Education or the Sec-
retary’s designee; 
(2) the head of each other Federal agency (or 
such head’s designee) that the Secretary of Edu-
cation determines to be relevant to the activities of 
the Higher Education Regulatory Reform Task 
Force; 
(3) a representative of the Advisory Committee 
on Student Financial Assistance established under 
section 491 of the Higher Education Act of 1965 
(20 U.S.C. 1098); 
(4) representatives from the higher education 
community, including— 
(A) institutions of higher education, with 
equal representation of public and private non-
profit institutions, and two-year and four-year 
institutions, and with not less than 25 percent 
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of such representative institutions carrying out 
distance education programs; and 
(B) nonprofit organizations representing 
institutions of higher education; and 
(5) any other entity or individual the Secretary 
of Education determines appropriate. 
(c) ACTIVITIES.— 
(1) REPORT
REQUIRED.—Not later than 6 
months after the date of enactment of this Act, the 
Secretary of Education shall submit to Congress and 
make available on a publicly available website a re-
port (in this Act referred to as the ‘‘Higher Edu-
cation Regulatory Reform Report’’) prepared by the 
Higher Education Regulatory Reform Task Force on 
Federal regulatory requirements for institutions of 
higher education. In prioritizing the review and con-
sideration of such regulatory requirements for the 
purposes of the Higher Education Regulatory Re-
form Report, the Higher Education Regulatory Re-
form Task Force shall give highest priority to regu-
lations that are in effect at the time of such review 
and consideration and related to— 
(A) State authorization of distance edu-
cation; 
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(B) the Integrated Postsecondary Edu-
cation Data System (IPEDS); 
(C) the Office of Management and Budg-
et’s A–21 Circular; 
(D) reporting under the Jeanne Clery Dis-
closure of Campus Security Policy and Campus 
Crime Statistics Act; 
(E) calculation of default rates under sec-
tion 435(a) of the Higher Education Act of 
1965; 
(F) gainful employment; 
(G) revenue requirements for institutions 
of higher education under section 487(a)(24) 
and (d) of the Higher Education Act of 1965; 
and 
(H) the Single Audit Act of 1984 and the 
Office of Management and Budget’s A–133 Cir-
cular. 
(2) CONTENTS OF REPORT.—The Higher Edu-
cation Regulatory Reform Report shall contain the 
following with respect to regulatory requirements for 
institutions of higher education: 
(A) A list of rules that are determined to 
be outmoded, duplicative, ineffective, or exces-
sively burdensome. 
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(B) For each rule listed in accordance with 
subparagraph (A) and that is in effect at the 
time of the review under subparagraph (A), an 
analysis of whether the costs outweigh the bene-
fits for such rule. 
(C) Recommendations to consolidate, mod-
ify, simplify, or repeal such rules to make such 
rules more effective or less burdensome. 
(D) A description of the justification for 
and impact of the recommendations described 
in subparagraph (C), as appropriate and avail-
able, including supporting data for such jus-
tifications and the financial impact of such rec-
ommendations on institutions of higher edu-
cation of varying sizes and types. 
(E) Recommendations on the establish-
ment of a permanent entity to review new regu-
latory requirements affecting institutions of 
higher education. 
(3) NOTICE AND COMMENT.—At least 30 days 
before submission of the Higher Education Regu-
latory Reform Report required under paragraph (1), 
the Secretary of Education shall publish the report 
in the Federal Register for public notice and com-
ment. The Higher Education Regulatory Reform 
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Task Force may modify the report in response to 
any comments received before submission of the re-
port to Congress. 
(d) DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION.—For the purposes of this section, the term ‘‘in-
stitution of higher education’’ has the meaning given such 
term in section 102 of the Higher Education Act of 1965 
(20 U.S.C. 1002), except that such term does not include 
institutions described in subsection (a)(1)(C) of such sec-
tion 102. 
SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS. 
(a) PRESENTATION OF HIGHER EDUCATION REGU-
LATORY REFORM REPORT TO CONGRESS AND EXPEDITED 
CONSIDERATION.— 
(1) IN GENERAL.—The President shall propose, 
at the time and in the manner provided in para-
graph (2), the carrying out of all or part of the rec-
ommendations contained in the Higher Education 
Regulatory Reform Report prepared by the Higher 
Education Regulatory Reform Task Force in accord-
ance with section 2. 
(2) TRANSMITTAL OF SPECIAL MESSAGE.—Not 
later than 120 days after the submission of the 
Higher Education Regulatory Reform Report to 
Congress under section 2(c), the President shall 
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transmit to Congress a special message to carry out 
all or part of the recommendations contained in such 
Report. The President shall include with that special 
message a bill that would carry out the rec-
ommendations. The President may not transmit 
more than one such special message each year. 
(3) EXPEDITED
CONSIDERATION
OF
PRESI-
DENT’S HIGHER EDUCATION REGULATORY REFORM 
BILL.— 
(A) HIGHER EDUCATION REGULATORY RE-
FORM BILL.—Within 14 days after the Presi-
dent submits to Congress a bill under para-
graph (2), the majority leader of the House of 
Representatives and the majority leader of the 
Senate shall each introduce such bill, by re-
quest. 
(B) CONSIDERATION
IN
THE
HOUSE
OF 
REPRESENTATIVES.— 
(i) REFERRAL AND REPORTING.—Any 
committee of the House of Representatives 
to which such bill is referred shall report 
it to the House without amendment not 
later than the 14th legislative day after the 
date of its introduction. If a committee 
fails to report the bill within that period or 
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the House has adopted a concurrent reso-
lution providing for adjournment sine die 
at the end of a Congress, such committee 
shall be automatically discharged from fur-
ther consideration of the bill and it shall be 
placed on the appropriate calendar. 
(ii) 
PROCEEDING
TO
CONSIDER-
ATION.—Not later than 21 legislative days 
after such bill is reported or a committee 
has been discharged from further consider-
ation thereof, it shall be in order to move 
to proceed to consider such bill in the 
House. Such a motion shall be highly privi-
leged and not debatable, and shall be in 
order only at a time designated by the 
Speaker in the legislative schedule within 
two legislative days after the day on which 
the proponent announces an intention to 
the House to offer the motion provided 
that such notice may not be given until 
such bill is reported or a committee has 
been discharged from further consideration 
thereof. Such a motion shall not be in 
order after the House has disposed of a 
motion to proceed with respect to that spe-
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cial message. The previous question shall 
be considered as ordered on the motion to 
its adoption without intervening motion. A 
motion to reconsider the vote by which the 
motion is disposed of shall not be in order. 
(iii) CONSIDERATION.—If the motion 
to proceed is agreed to, the House shall 
immediately proceed to consider such bill 
in the House without intervening motion. 
Such bill shall be considered as read. All 
points of order against the bill and against 
its consideration are waived. The previous 
question shall be considered as ordered on 
the bill to its passage without intervening 
motion except 4 hours of debate equally di-
vided and controlled by the proponent and 
an opponent and one motion to limit de-
bate on the bill. A motion to reconsider the 
vote on passage of the bill shall not be in 
order. 
(C) CONSIDERATION IN THE SENATE.— 
(i) COMMITTEE ACTION.—The appro-
priate committee of the Senate shall report 
without amendment the bill referred to in 
subparagraph (A) not later than the sev-
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enth session day after introduction. If a 
committee fails to report the bill within 
that period or the Senate has adopted a 
concurrent resolution providing for ad-
journment sine die at the end of a Con-
gress, the Committee shall be automati-
cally discharged from further consideration 
of the bill and it shall be placed on the ap-
propriate calendar. 
(ii) MOTION TO PROCEED.—Not later 
than 3 session days after the bill is re-
ported in the Senate or the committee has 
been discharged thereof, it shall be in 
order for any Senator to move to proceed 
to consider the bill in the Senate. The mo-
tion shall be decided without debate and 
the motion to reconsider shall be deemed 
to have been laid on the table. Such a mo-
tion shall not be in order after the Senate 
has disposed of a prior motion to proceed 
with respect to the draft bill. 
(iii) CONSIDERATION.—If a motion to 
proceed to the consideration of the draft 
bill is agreed to, the Senate shall imme-
diately proceed to consideration of the 
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draft bill without intervening motion, 
order, or other business, and the draft bill 
shall remain the unfinished business of the 
Senate until disposed of. Consideration on 
the bill in the Senate under this sub-
section, and all debatable motions and ap-
peals in connection therewith, shall not ex-
ceed 10 hours equally divided in the usual 
form. All points of order against the draft 
bill or its consideration are waived. Consid-
eration in the Senate on any debatable mo-
tion or appeal in connection with the draft 
bill shall be limited to not more than 10 
hours. A motion to postpone, or a motion 
to proceed to the consideration of other 
business, or a motion to recommit the 
draft bill is not in order. A motion to re-
consider the vote by which the draft bill is 
agreed to or disagreed to is not in order. 
(D) 
AMENDMENTS
PROHIBITED.—No 
amendment to, or motion to strike a provision 
from, the draft bill considered under this sec-
tion shall be in order in either the House of 
Representatives or the Senate. 
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(E) COORDINATION
WITH
ACTION
BY 
OTHER HOUSE.—If, before passing the bill, one 
House receives from the other a bill— 
(i) the bill of the other House shall 
not be referred to a committee; and 
(ii) the procedure in the receiving 
House shall be the same as if no bill had 
been received from the other House until 
the vote on passage, when the bill received 
from the other House shall supplant the 
bill of the receiving House. 
(F) LIMITATION.—This paragraph shall 
apply only to the bill referred to in subpara-
graph (A), introduced pursuant to such sub-
paragraph. 
(b) DEFINITION.—For purposes of this section, con-
tinuity of a session of either House of Congress shall be 
considered as broken only by an adjournment of that 
House sine die, and the days on which that House is not 
in session because of an adjournment of more than 3 days 
to a date certain shall be excluded in the computation of 
any period. 
SEC. 4. EXPANDING THE EXPERIMENTAL SITES INITIATIVE. 
Section 487A(b)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1094a(b)(3)) is amended— 
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(1) in subparagraph (B)— 
(A) by inserting ‘‘(other than for purposes 
of an experiment described in subparagraph 
(C))’’ after ‘‘award amounts’’; and 
(B) by inserting ‘‘, such as an experiment 
described in subparagraph (D)’’ after ‘‘results 
of the experiment’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(C) WAIVERS OF GRANT AND LOAN MAX-
IMUM AWARD AMOUNTS.—The Secretary is au-
thorized to waive any requirements in this title 
or regulations prescribed under this title relat-
ing to grant and loan maximum award amounts 
(or any other requirements or regulations that 
may bias the results of the experiment de-
scribed in this subparagraph) for any institu-
tion participating as an experimental site under 
subparagraph (A) to carry out an experiment 
to, with respect to each student whose workload 
exceeds the minimum workload that the institu-
tion considers a full-time academic workload for 
the program of study that the student is pur-
suing, increase the maximum Federal Pell 
Grant and loan award amounts for the student 
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in proportion to the amount that the student’s 
workload exceeds such minimum full-time aca-
demic workload, so long as the institution dem-
onstrates to the Secretary that the experiment 
described in this subparagraph will assist in de-
creasing the total the cost of attendance (de-
fined in section 472) for the student. 
‘‘(D) WAIVERS
FOR
COMPETENCY-BASED 
LEARNING.—The Secretary is authorized to 
waive any requirements in this title or any reg-
ulations prescribed under this title (including 
any accreditation requirements or any other re-
quirements or regulations that may bias the re-
sults of the experiment described in this sub-
paragraph) for any institution participating as 
an experimental site under subparagraph (A) to 
carry out an experiment to provide Federal 
grant and loan awards to— 
‘‘(i) students enrolled in remedial 
courses or competency-based learning pro-
grams that provide competencies for suc-
cess in certain programs of study at the in-
stitution, but that are not accredited; 
‘‘(ii) students (or potential students) 
to pay for the test fees of tests, based on 
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the results of which the institution may 
award the students academic credit for 
prior learning; or 
‘‘(iii) secondary school students en-
rolled in courses at the institution, 
so long as the institution demonstrates to the 
Secretary that the experiment described in this 
subparagraph will assist in decreasing the total 
the cost of attendance (defined in section 472) 
for such students.’’. 
Æ 
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