[Congressional Record Volume 168, Number 143 (Wednesday, September 7, 2022)]
[Senate]
[Page S4481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:

[[Page S4481]]

  S. 4792. A bill to amend the Higher Education Act of 1965 to 
establish fair and consistent eligibility requirements for graduate 
medical schools operating outside the United States and Canada; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 4792

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Foreign Medical School 
     Accountability Fairness Act of 2022''.

     SEC. 2. PURPOSE.

       To establish consistent eligibility requirements for 
     graduate medical schools operating outside of the United 
     States and Canada in order to increase accountability and 
     protect American students and taxpayer dollars.

     SEC. 3. FINDINGS.

       Congress finds the following:
       (1) Three for-profit schools in the Caribbean have 
     historically received nearly \3/4\ of all Federal funding 
     under title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1070 et seq.) that goes to students enrolled at foreign 
     graduate medical schools, despite those three schools being 
     exempt from meeting the same eligibility requirements as the 
     majority of graduate medical schools located outside of the 
     United States and Canada.
       (2) The National Committee on Foreign Medical Education and 
     Accreditation and the Department of Education recommend that 
     all foreign graduate medical schools should be required to 
     meet the same eligibility requirements to participate in 
     Federal funding under title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1070 et seq.).
       (3) The attrition rate at United States medical schools 
     averaged 3.3 percent between 1993 and 2013, while rates at 
     for-profit Caribbean medical schools have been known to reach 
     30 percent.
       (4) In 2022, residency match rates for foreign trained 
     graduates averaged 61.4 percent compared to 92.9 percent for 
     graduates of allopathic medical schools in the United States 
     and 91.3 percent for graduates of osteopathic medical schools 
     in the United States.
       (5) On average, students at for-profit medical schools 
     operating outside of the United States and Canada amass more 
     student debt than those at medical schools in the United 
     States.

     SEC. 4. REPEAL GRANDFATHER PROVISIONS.

       Section 102(a)(2) of the Higher Education Act of 1965 (20 
     U.S.C. 1002(a)(2)) is amended--
       (1) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) in the case of a graduate medical school located 
     outside the United States--

       ``(I) at least 60 percent of those enrolled in, and at 
     least 60 percent of the graduates of, the graduate medical 
     school outside the United States were not persons described 
     in section 484(a)(5) in the year preceding the year for which 
     a student is seeking a loan under part D of title IV; and
       ``(II) at least 75 percent of the individuals who were 
     students or graduates of the graduate medical school outside 
     the United States or Canada (both nationals of the United 
     States and others) taking the examinations administered by 
     the Educational Commission for Foreign Medical Graduates 
     received a passing score in the year preceding the year for 
     which a student is seeking a loan under part D of title 
     IV;''; and

       (2) in subparagraph (B)(iii), by adding at the end the 
     following:

       ``(V) Expiration of authority.--The authority of a graduate 
     medical school described in subclause (I) to qualify for 
     participation in the loan programs under part D of title IV 
     pursuant to this clause shall expire beginning on the first 
     July 1 following the date of enactment of the Foreign Medical 
     School Accountability Fairness Act of 2022.''.

     SEC. 5. LOSS OF ELIGIBILITY.

       If a graduate medical school loses eligibility to 
     participate in the loan programs under part D of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) 
     due to the enactment of the amendments made by section 4, 
     then a student enrolled at such graduate medical school on or 
     before the date of enactment of this Act may, notwithstanding 
     such loss of eligibility, continue to be eligible to receive 
     a loan under such part D while attending such graduate 
     medical school in which the student was enrolled upon the 
     date of enactment of this Act, subject to the student 
     continuing to meet all applicable requirements for 
     satisfactory academic progress, until the earliest of--
       (1) withdrawal by the student from the graduate medical 
     school;
       (2) completion of the program of study by the student at 
     the graduate medical school; or
       (3) the fourth June 30 after such loss of eligibility.
                                 ______