 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
                       Part F--General Provisions
 
Sec. 1068a. Waiver authority and reporting requirement


(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\
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    \1\ So in original. Probably should be ``part.''
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    (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.
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    \2\ See References in Text note below.
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(Pub. L. 89-329, title III, Sec. 392, formerly Sec. 352, as added Pub. 
L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1304; 
amended Pub. L. 100-50, Sec. 2(a)(14), (15), June 3, 1987, 101 Stat. 
336; Pub. L. 102-325, title III, Sec. 305(b), July 23, 1992, 106 Stat. 
478; renumbered Sec. 392 and amended Pub. L. 105-244, title III, 
Secs. 301(a)(2), 308(d), Oct. 7, 1998, 112 Stat. 1636, 1649.)

                       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.
