S.Amdt. 500

SA 500. Mr. BRAUN (for himself and Mr. Kaine) submitted an amendment
intended to be proposed by him to the bill S. 2226, to authorize
appropriations for fiscal year 2024 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in subtitle G of title X, insert
the following:

SEC. ___. ELIGIBILITY OF DISTANCE EDUCATION PROGRAMS OFFERED
BY FOREIGN INSTITUTIONS OF HIGHER EDUCATION.

Section 481(b) of the Higher Education Act of 1965 (20
U.S.C. 1088(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following:
``(4)(A) For the period beginning July 1, 2023, and ending
January 31, 2024, an otherwise eligible program that is
offered by a foreign institution and is offered in part
through distance education is eligible for the purposes of
this title if--
``(i) not more than 12.5 percent of such program consists
of courses offered principally through distance education;
``(ii) the foreign institution has been evaluated and
determined by an outside oversight entity, such as an
accrediting agency or association or government entity, to
have the capability to effectively deliver distance education
programs; and
``(iii) the students receiving aid under this title are
physically present in the country where the foreign
institution is located during the distance education
instruction.
``(B) In calculating the percentage of a program offered
through distance education for purposes of clause (i) of
subparagraph (A), any course that is part of such a program
that requires a student's regular in-person attendance for
more than 50 percent of the instruction, but also includes
one or more distance education components as part of the
course, shall not be considered to be offered principally
through distance education.''.
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