US Code

Public Law 119-88 (05/04/2026)

20 U.S.C. § 1103a

Waiver authority and reporting requirement

(a)

Waiver requirements; need-based assistance students

section 1101a(a)(2)(A)(i) of this titleThe Secretary may waive the requirements set forth in in the case of an institution—
(1)
that is extensively subsidized by the State in which the institution is located and charges low or no tuition;
(2)
that serves a substantial number of low-income students as a percentage of the institution’s total student population;
(3)
that 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; or
(5)
wherever located, if the Secretary determines that the waiver will substantially increase higher education opportunities appropriate to the needs of Hispanic Americans.
(b)

Waiver determinations; expenditures

(1)

Waiver determinations

section 1101a(a)(2)(A)(ii) of this titleThe Secretary may waive the requirements set forth in if the Secretary determines, based on persuasive evidence submitted by the institution, that the institution’s failure to meet the requirements is due to factors which, when used in the determination of compliance with the requirements, distort such determination, and that the institution’s designation as an eligible institution under part A is otherwise consistent with the purposes of this subchapter.

(2)

Expenditures

section 1101a(a)(2)(A)(ii) of this titleThe Secretary shall submit to Congress every other year a report concerning the institutions that, although not satisfying the requirements of , have been determined to be eligible institutions under part A. Such report shall—
(A)
section 1101a(a)(2)(A) of this title identify the factors referred to in paragraph (1) that were considered by the Secretary as factors that distorted the determination of compliance with clauses (i) and (ii) of ; 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.

Pub. L. 89–329, title V, § 522Pub. L. 105–244, title V, § 501112 Stat. 1772 Pub. L. 110–315, title V, § 502(a)(2)122 Stat. 3331 (, formerly § 512, as added , , ; renumbered § 522, , , .)

Editorial Notes

Prior Provisions

Pub. L. 89–329, title V, § 512Pub. L. 102–325, title V, § 501(a)106 Stat. 674 Pub. L. 105–244A prior section 1103a, , as added , , , related to eligible recipients, prior to the general amendment of this subchapter by .

Pub. L. 89–329, title V, § 512Pub. L. 99–498, title V, § 501(a)100 Stat. 1496 Pub. L. 102–325Another prior section 1103a, , as added , , , related to selection procedures for grants to institutions offering midcareer teacher training for nontraditional students, prior to the general amendment of this subchapter by .

section 522 of Pub. L. 89–329section 1104a of this titlePub. L. 105–244A prior was classified to , prior to the general amendment of this subchapter by .

section 522 of Pub. L. 89–329section 1105a of this titlePub. L. 102–325Another prior was classified to , prior to the general amendment of this subchapter by .

section 522 of Pub. L. 89–329section 1112 of this titlePub. L. 94–482Another prior was classified to , prior to repeal by .