 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
                       Part F--General Provisions
 
Sec. 1068d. Assistance to institutions under other programs


(a) Assistance eligibility

    Each institution which the Secretary determines to be an institution 
eligible under part A of this subchapter or an institution eligible 
under part B of this subchapter may be eligible for waivers in 
accordance with subsection (b) of this section.

(b) Waiver applicability

    (1) Subject to, and in accordance with, regulations promulgated for 
the purpose of this section, in the case of any application by an 
institution referred to in subsection (a) of this section for assistance 
under any programs specified in paragraph (2), the Secretary is 
authorized, if such application is otherwise approvable, to waive any 
requirement for a non-Federal share of the cost of the program or 
project, or, to the extent not inconsistent with other law, to give, or 
require to be given, priority consideration of the application in 
relation to applications from other institutions.
    (2) The provisions of this section shall apply to any program 
authorized by part D of this subchapter or subchapter IV of this chapter 
or part C of subchapter I of chapter 34 of title 42.

(c) Limitation

    The Secretary shall not waive, under subsection (b) of this section, 
the non-Federal share requirement for any program for applications 
which, if approved, would require the expenditure of more than 10 
percent of the appropriations for the program for any fiscal year.

(Pub. L. 89-329, title III, Sec. 395, formerly Sec. 356, as added Pub. 
L. 99-498, title III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1306; 
amended Pub. L. 102-325, title III, Sec. 305(d), July 23, 1992, 106 
Stat. 478; Pub. L. 104-208, div. A, title I, Sec. 101(e) [title VII, 
Sec. 709(d)], Sept. 30, 1996, 110 Stat. 3009-233, 3009-314; renumbered 
Sec. 395 and amended Pub. L. 105-244, title III, Secs. 301(a)(2), 
308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.)

                          Codification

    Section was formerly classified to section 1069b of this title prior 
to renumbering by Pub. L. 105-244.


                               Amendments

    1998--Subsec. (b)(2). Pub. L. 105-244, Sec. 308(f), substituted 
``part D of this subchapter or subchapter IV of this chapter'' for 
``subchapter IV, VII, or VIII of this chapter''.
    1996--Subsec. (b)(2). Pub. L. 104-208 struck out ``II,'' after 
``authorized by subchapter''.
    1992--Subsec. (a). Pub. L. 102-325 substituted ``may be eligible'' 
for ``shall be eligible''.


                    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.
