82 FR 48424 - Federal Student Aid Programs (Institutional Eligibility); Foreign Institutions Affected by Natural Disasters

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 200 (October 18, 2017)

The Secretary is identifying as temporarily inapplicable certain regulatory provisions determining whether an educational institution qualifies in whole or in part as an eligible institution of higher education under the Higher Education Act of 1965, as amended (HEA), to provide relief to foreign institutions affected by Hurricane Irma and Hurricane Maria.

[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48424-48425]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22628]


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DEPARTMENT OF EDUCATION

34 CFR Part 600


Federal Student Aid Programs (Institutional Eligibility); Foreign 
Institutions Affected by Natural Disasters

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Identification of inapplicable regulatory provisions.

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SUMMARY: The Secretary is identifying as temporarily inapplicable 
certain regulatory provisions determining whether an educational 
institution qualifies in whole or in part as an eligible institution of 
higher education under the Higher Education Act of 1965, as amended 
(HEA), to provide relief to foreign institutions affected by Hurricane 
Irma and Hurricane Maria.

DATES: The regulatory provisions identified in this document are 
inapplicable from October 18, 2017, through the earlier of June 30, 
2019, or the date that an affected foreign institution can resume 
operation in its home country.

FOR FURTHER INFORMATION CONTACT: Wendy Macias, U.S. Department of 
Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. 
Telephone: (202) 203-9155 or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: The regulations at 34 CFR 600.51(c) state, 
``A foreign institution must comply with all requirements for eligible 
and participating institutions except when made inapplicable by the HEA 
or when the Secretary, through publication in the Federal Register, 
identifies specific provisions as inapplicable to foreign 
institutions.'' Under this authority, the Secretary is identifying as 
inapplicable the regulatory provisions listed below from 34 CFR part 
600, which determine whether an educational institution qualifies in 
whole or in part as an eligible institution of higher education under 
the HEA, and may apply to participate in programs authorized by the 
HEA.
    We are taking this action to provide relief to foreign institutions 
affected by Hurricane Irma or Hurricane Maria. This action allows a 
foreign institution that can no longer operate in its home country due 
to the effects of Hurricane Irma or Hurricane Maria to temporarily 
operate in another country, contingent upon the foreign institution 
receiving approval from the Secretary for the relocation after 
providing:
     The plan and timeline for the temporary relocation, 
including details of the program offerings and an agreement with any 
institution at which the affected institution will temporarily 
relocate;
     Approval of the plan and timeline for the temporary 
relocation from the foreign institution's accrediting body, including 
an agreement by that accrediting body to visit and monitor operations 
at the temporary location;
     Documentation from the government of the country where the 
temporary campus will be located that the foreign institution will be 
allowed to operate the temporary location for the period of time 
specified in the timeline; and
     Any additional information the Secretary requires for 
approval.
    The Secretary reserves the right to revoke through written notice 
her approval of a foreign institution for relocation upon evidence of 
waste, fraud, or abuse.
    The Secretary is identifying as inapplicable the following 
regulations:
    1. 34 CFR 600.52, definition of a ``foreign institution,'' 
paragraph (1)(i), requiring that a foreign institution not be located 
in a State;
    2. 34 CFR 600.52, definition of a ``foreign institution,'' 
paragraph (1)(ii), requiring that, with the exception of the clinical 
training portion of a foreign medical, veterinary, or nursing program, 
a foreign institution (1) have no U.S. locations; (2) have no written 
arrangements, within the meaning of Sec.  668.5, with institutions or 
organizations located in the United States for students enrolling at 
the foreign institution to take courses from institutions located in 
the United States; and (3) does not permit students to enroll in any 
course offered by the foreign institution in the United States, 
including research, work, internship, externship, or special studies 
within the United States, except that independent research done by an 
individual student in the United States for not more than one academic 
year is permitted if it is conducted during the dissertation phase of a 
doctoral program under the guidance of faculty, and the research can 
only be performed in a facility in the United States;
    3. 34 CFR 600.52, definition of a ``foreign institution,'' 
paragraph (1)(iii), requiring a foreign institution to be legally 
authorized by the education ministry, council, or equivalent agency of 
the country in which the institution is located to provide an 
educational

[[Page 48425]]

program beyond the secondary education level;
    4. 34 CFR 600.52, definition of a ``foreign institution,'' 
paragraph (1)(iv), requiring a foreign institution to award degrees, 
certificates, or other recognized educational credentials in accordance 
with Sec.  600.54(e) that are officially recognized by the country in 
which the institution is located;
    5. 34 CFR 600.52, definition of a ``foreign institution,'' 
paragraph (2), requiring that, if an educational enterprise enrolls 
students both within a State and outside a State, and the number of 
students who would be eligible to receive title IV, HEA program funds 
attending locations outside a State is at least twice the number of 
students enrolled within a State, the locations outside a State must 
apply to participate as one or more foreign institutions and must meet 
all requirements of the definition of a ``foreign institution,'' and 
the other requirements applicable to foreign institutions;
    6. 34 CFR 600.54(d)(1), requiring the additional locations of a 
foreign institution to separately meet the definition of a ``foreign 
institution'' in 34 CFR 600.52 if the additional location is located 
outside of the country in which the main campus is located, except as 
provided for the clinical training portion of a program of a foreign 
graduate medical school, veterinary school, or nursing school;
    7. 34 CFR 600.55(a)(2)(iii), requiring that, as part of its 
clinical training, a foreign graduate medical school does not offer 
more than two electives consisting of no more than eight weeks per 
student at a site located in a foreign country other than the country 
in which the main campus is located or in the United States, unless 
that location is included in the accreditation of a medical program 
accredited by the Liaison Committee on Medical Education (LCME) or the 
American Osteopathic Association (AOA);
    8. 34 CFR 600.55(b)(1)(i), requiring that a foreign graduate 
medical school be approved by an accrediting body that is legally 
authorized to evaluate the quality of graduate medical school 
educational programs and facilities in the country where the school is 
located; and
    9. 34 CFR 600.55(h), requiring that a foreign graduate medical 
program offered to U.S. students:
     Must be located in the country in which the main campus of 
the school is located, except for the clinical training portion of the 
program, and must be in a country whose medical school accrediting 
standards are comparable to U.S. standards as determined by the NCFMEA, 
except for exempt clinical training sites in 34 CFR 600.55(h)(3)(ii), 
or clinical sites located in the United States.
     Unless a clinical training site is an exempt clinical 
training site under 34 CFR 600.55(h)(3)(ii), for students to be 
eligible to receive Direct Loan funds at any part of the clinical 
training portion of the program located in a foreign country other than 
the country where the main campus of the foreign graduate medical 
school is located or in the United States: (i) The school's medical 
accrediting agency must have conducted an on-site evaluation and 
approved the clinical training site, and (ii) the clinical instruction 
must be offered in conjunction with programs offered to students 
enrolled in accredited schools located in that approved foreign 
country.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the program contact person 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Program Authority: 20 U.S.C. 1082, 1088.

    Dated: October 13, 2017.
Kathleen A. Smith,
Acting Assistant Secretary for Postsecondary Education.
[FR Doc. 2017-22628 Filed 10-17-17; 8:45 am]
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