Sec. 3510. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS

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## SEC. 3510 CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS **[**[20 U.S.C. 1001 note](/us/usc/t20/s1001)**]** ###

(a)In General Notwithstanding section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)), with respect to a foreign institution, in the case of a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located, the Secretary may permit any part of an otherwise eligible program to be offered via distance education for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) until the end of the covered period applicable to the institution. ###

(b)Eligibility An otherwise eligible program that is offered in whole or in part through distance education by a foreign institution between March 1, 2020, and the date of enactment of this Act shall be deemed eligible for the purposes of part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) until the end of the covered period applicable to the institution. An institution of higher education that uses the authority provided in the previous sentence shall report such use to the Secretary— ####

(1)for the 2019-2020 award year, not later than June 30, 2020; and ####

(2)for an award year subsequent to the 2019-2020 award year, not later than 30 days after such use. ###

(c)Report Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until all covered periods for foreign institutions carrying out a distance education program authorized under this section have ended, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each foreign institution that carried out a distance education program authorized under this section. ###

(d)Written Arrangements ####

(1)In general Notwithstanding section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), until the end of the covered period applicable to a foreign institution, the Secretary may allow the foreign institution to enter into a written arrangement with an institution of higher education located in the United States that participates in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) for the purpose of allowing a student of the foreign institution who is a borrower of a loan made under such part to take courses from the institution of higher education located in the United States. ####

(2)Form of arrangements #####

(A)Public or other nonprofit institutions A foreign institution that is a public or other nonprofit institution may enter into a written arrangement under paragraph

(1)only with an institution of higher education described in section 101 of such Act (20 U.S.C. 1001). #####

(B)Other institutions A foreign institution that is a graduate medical school, nursing school, or a veterinary school and that is not a public or other nonprofit institution may enter into a written arrangement under paragraph

(1)with an institution of higher education described in section 101 or section 102 of such Act (20 U.S.C. 1001 and 1002). ####

(3)Report on use An institution of higher education that uses the authority described in paragraph

(2)shall report such use to the Secretary— #####

(A)for the 2019-2020 award year, not later than June 30, 2020; and #####

(B)for an award year subsequent to the 2019-2020 award year, not later than 10 days after such use. ####

(4)Report from the secretary Not later than 180 days after the date of enactment of this Act, and every 180 days thereafter until all covered periods for foreign institutions that entered into written arrangements under paragraph

(1)have ended, the Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) a report that identifies each foreign institution that entered into a written arrangement authorized under subsection (a).4 4Section 101(a)(4)(D)(ii) of division FF of Public Law 116–260 attempts to amend paragraph

(4)by striking “identifies each foreign institution that entered into a written arrangement under subsection (a).” and inserts new text and subparagraphs (A)–(C) in paragraph (4). The amendment could not be executed because the phrase that is proposed to be struck does not appear in law. ###

(e)Definition of Covered Period ####

(1)In general In this section, the term “covered period”, when used with respect to a foreign institution of higher education, means the period— #####

(A)beginning on the first day of— ######

(i)a qualifying emergency; or ######

(ii)a public health emergency, major disaster or emergency, or national emergency declared by the applicable government authorities in the country in which the foreign institution is located; and #####

(B)ending on the later of— ######

(i)subject to paragraph (2), the last day of the payment period, for purposes of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), following the end of any qualifying emergency or any emergency or disaster described in subparagraph (A)(ii) applicable to the foreign institution; or ######

(ii)June 30, 2023. ####

(2)Special rule for certain payment periods For purposes of paragraph (1)(B)(i), if the following payment period for an award year ends before June 30 of such award year, the covered period shall be extended until June 30 of such award year.

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