HR-6718-119
Referred to the House Committee on Education and Workforce.
Sponsored by Michael Lawler (R-NY)
What it does
This bill would amend the Higher Education Act of 1965 to establish a statutory definition of "professional degree" for purposes of federal student loan programs. It would replace a reference to a Department of Education regulatory definition with a definition written directly into law, listing 25 specific degree types — including medicine, law, pharmacy, nursing, business administration, education, and theology — that qualify. It would also allow the Secretary of Education to designate additional degrees that meet the statutory criteria.
Who benefits
Students enrolled in the listed professional degree programs who gain clearer, more stable eligibility status under federal loan programs. Graduate students in fields newly added to or more explicitly included in the statutory list (e.g., physician assistants, audiologists, occupational therapists, social workers, public health students). Institutions offering these programs, which would have greater certainty about their students' loan eligibility. Borrowers in income-driven repayment or loan forgiveness programs whose degree classification affects repayment terms.
Who is hurt
Students in graduate programs not listed and not designated by the Secretary, who may face less favorable loan classification. The Department of Education would lose regulatory flexibility to update the definition without congressional action (except through the Secretary's residual designation authority). Graduate programs in fields not enumerated — such as fine arts, library science, or urban planning — may find their students at a disadvantage if classification affects loan terms. Future degree programs in emerging fields may face delays in receiving professional degree status.
Supporters argue
Supporters argue that tying the definition of "professional degree" to a regulatory citation — rather than statute — creates instability, because the Department of Education can change the regulatory definition without congressional input, potentially altering loan eligibility for millions of students without public debate. They contend that codifying a clear, enumerated list in statute gives students, schools, and lenders predictable rules and prevents administrative reclassification that could affect repayment terms or borrowing limits mid-program.
Opponents argue
Opponents argue that locking a degree list into statute removes the flexibility needed to keep pace with an evolving higher education landscape, where new professional fields and credentials emerge regularly. They contend that the current regulatory approach allows the Department of Education to update definitions through a notice-and-comment rulemaking process — which includes public input — whereas statutory changes require full congressional action, making the list harder to update and potentially leaving new or growing professions in limbo for years.
Constitutional context
The bill operates under Congress's Spending Clause authority (Art. I, §8, cl. 1) to attach conditions to federal student loan programs, which South Dakota v. Dole (1987) affirmed is broad so long as conditions are unambiguous and related to the federal interest. The inclusion of theology (M.Div., M.H.L.) and ministry (D.Min.) degrees in the enumerated list could raise Establishment Clause questions, though post-Carson v. Makin (2022), excluding religious degrees from a neutral benefit program may itself raise Free Exercise concerns.
Checks and balances
Congress gains authority by moving the definition from executive regulation into statute; the Secretary of Education retains limited discretion to designate additional qualifying degrees, subject to judicial review and future congressional action.
Historical precedent
Congress has previously codified definitions previously left to agency regulation in the Higher Education Act, including through the Higher Education Opportunity Act of 2008, which moved several program eligibility definitions from regulatory to statutory text.