20 USC 1068 - Sec. 1068a. Waiver authority and reporting requirement
20 USC - U.S. Code - Title 20: Education (January 2004)
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(a) Waiver requirements; need-based assistance students The Secretary may waive the requirements set forth in section 1058(b)(1)(A) of this title in the case of an institution - (1) which is extensively subsidized by the State in which it is located and charges low or no tuition; (2) which serves a substantial number of low-income students as a percentage of its total student population; (3) which is contributing substantially to increasing higher education opportunities for educationally disadvantaged, underrepresented, or minority students, who are low-income individuals; (4) which is substantially increasing higher educational opportunities for individuals in rural or other isolated areas which are unserved by postsecondary institutions; (5) located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians; (6) that is a tribally controlled college or university as defined in section 1801 of title 25; or (7) wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Black Americans, Hispanic Americans, Native Americans, Asian Americans, or Pacific Islanders, including Native Hawaiians. (b) Waiver determinations; expenditures (1) The Secretary may waive the requirements set forth in section 1058(b)(1)(B) of this title if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution's failure to meet that criterion is due to factors which, when used in the determination of compliance with such criterion, distort such determination, and that the institution's designation as an eligible institution under part A of this subchapter is otherwise consistent with the purposes of such parts.(!1) (2) Omitted. (3) The Secretary may waive the requirement set forth in section 1058(b)(1)(E) (!2) of this title in the case of an institution located on or near an Indian reservation or a substantial population of Indians, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of American Indians.
References In Text Section 1058(b)(1)(E) of this title, referred to in subsec. (b)(3), was repealed and section 1058(b)(1)(F) was redesignated section 1058(b)(1)(E) by Pub. L. 102-325, title III, Sec. 302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472. Codification Subsec. (b)(2) of this section, which required the Secretary to submit a report to Congress every other year on institutions which, although not satisfying the criterion contained in section 1058(b)(1)(B) of this title, have been determined to be eligible institutions under part A of this subchapter, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.See, also, page 79 of House Document No. 103-7. Section was formerly classified to section 1067 of this title prior to renumbering by Pub. L. 105-244. Amendments 1998 - Subsec. (a)(5) to (7). Pub. L. 105-244 struck out "or" at end of par. (5), added par. (6), and redesignated former par. (6) as (7). 1992 - Subsec. (a). Pub. L. 102-325 substituted "Secretary may waive" for "Secretary shall waive". 1987 - Subsec. (a)(2). Pub. L. 100-50, Sec. 2(a)(14), substituted "low-income" for "low- and middle-income". Subsec. (b)(3). Pub. L. 100-50, Sec. 2(a)(15), added par. (3). EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-244, set out as a note under section 1001 of this title.EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section 2 of Pub. L. 102-325, set out as a note under section 1001 of this title.EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100-50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99-498, see section 27 of Pub. L. 100-50, set out as a note under section 1001 of this title. Section Referred To In Other Sections This section is referred to in section 1058 of this title. -FOOTNOTE- (!1) So in original.Probably should be "part." (!2) See References in Text note below.
