(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
(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.
(2)The Secretary shall submit to the Congress every other year a report concerning the 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 which enroll significant numbers of Black American, Hispanic, Native American, Asian American, or Native Hawaiian students under part A, as the case may be. Such report shall—
(A)identify the factors referred to in paragraph (1) which were considered by the Secretary as factors that distorted the determination of compliance with subparagraphs (A) and (B) of section
1058(b)(1) of this title; and
(B)contain a list of each institution determined to be an eligible institution under part A including a statement of the reasons for each such determination.
(3)The Secretary may waive the requirement set forth in section
1058(b)(1)(E) 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.
(c) Waiver authority with respect to institutions located in an area affected by a Gulf hurricane disaster
(1) Waiver authority
Notwithstanding any other provision of law, unless enacted with specific reference to this section, for any affected institution that was receiving assistance under this subchapter at the time of a Gulf hurricane disaster, the Secretary shall, for each of the fiscal years 2009 through 2011 (and may, for each of the fiscal years 2012 and 2013)—
(i)the eligibility data requirements set forth in section
1068(d) of this title;
(ii)the wait-out period set forth in section
1059(d) of this title;
(iii)the allotment requirements under section
1063 of this title; and
(iv)the use of the funding formula developed pursuant to section
1063b(f)(3) of this title;
(B)waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under this subchapter at the time of a Gulf hurricane disaster are not adversely affected by any formula calculation for fiscal year 2009 or for any of the four succeeding fiscal years, as necessary; and
(C)make available to each affected institution an amount that is not less than the amount made available to such institution under this subchapter for fiscal year 2006, except that for any fiscal year for which the funds appropriated for payments under this subchapter are less than the appropriated level for fiscal year 2006, the amount made available to such institutions shall be ratably reduced among the institutions receiving funds under this subchapter.
In this subsection:
(A) Affected institution
The term “affected institution” means an institution of higher education that—
(I)a part A institution (which term shall have the meaning given the term “eligible institution” under section
1058(b) of this title); or
(II)a part B institution, as such term is defined in section
1061(2) of this title, or as identified in section
1063b(e) of this title;
(ii)is located in an area affected by a Gulf hurricane disaster; and
(iii)is able to demonstrate that, as a result of the impact of a Gulf hurricane disaster, the institution—
(I)incurred physical damage;
(II)has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and
(III)was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on August 29, 2005.
(B) Area affected by a Gulf hurricane disaster; Gulf hurricane disaster
The terms “area affected by a Gulf hurricane disaster” and “Gulf hurricane disaster” have the meanings given such terms in section 209 of the Higher Education Hurricane Relief Act of 2005 (Public Law 109–148, 119 Stat. 2809).
Section 209 of the Higher Education Hurricane Relief Act of 2005, referred to in subsec. (c)(2)(B), is section 209 of title IV of div. B of Pub. L. 109–148, Dec. 30, 2005, 119 Stat. 2808, which is not classified to the Code.
Section was formerly classified to section
1067 of this title prior to renumbering by Pub. L. 105–244.
2009—Subsec. (a)(6). Pub. L. 111–39made technical amendment to reference in original act which appears in text as reference to section
1801 of title
2008—Subsec. (b)(2). Pub. L. 110–315, § 320(5), substituted “eligible institutions under part A” for “eligible institutions under part A institutions” in introductory provisions. See Codification note above.
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the last item on page 79 identifies a reporting provision which, as subsequently amended, is contained in subsec. (b)(2) of this section), see section 3003 ofPub. L. 104–66, as amended, set out as a note under section
1113 of Title
31, Money and Finance.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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