[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.''.
                                 ______