Through this proposed rule, the Secretary proposes to implement changes to the way foreign institutions participate in Federal student aid programs under Title IV of the Higher Education Act (HEA) of 1965 to include:

  • Submission requirements for compliance audits and audited financial statements specific to foreign institutions
  • Clarifying the definition of a foreign institution
  • Defining non-profit status specific to foreign institutions
  • Establishing a financial responsibility standard for foreign public institutions similar to that for domestic public institutions
  • Permitting a single legal authorization for groups of foreign institutions under purview of single government entity
  • Revising maximum certification period for some foreign institutions
  • For more, see section entitled “Summary of Proposed Changes”


As noted under the section entitled Supplementary Information, there was significant public participation in developing this notice of proposed rulemaking. NAFSA was involved through coordination with Team II, representing foreign institutions in the negotiated rulemaking process to ensure that new definitions and regulations established did not negatively impact exchange relations between US institutions and eligible foreign institutions.

Comments may be submitted until August 19th, 2010 through the Federal eRulemaking Portal: http://www.regulations.gov.