Page:United States Statutes at Large Volume 100 Part 2.djvu/202

 100 STAT. 1304

PUBLIC LAW 99-498—OCT. 17, 1986 "(F) a detailed description of any activity which involves the expenditure of more than $25,000, as identified in the budget referred to in subparagraph (E); and "(8) include such other information as the Secretary may prescribe. "(c) PRIORITY CRITERIA PUBLICATION REQUIRED.—The Secretary

shall publish in the Federal Register, pursuant to chapter 5 of title 5 USC 500 et seq. 5, United States Code, all policies and procedures required to exercise the authority set forth in subsection (a). No other criteria, policies, or procedures shall apply. "(d) ELIGIBILITY DATA.—The Secretary shall use the most recent and relevant data concerning the number and percentage of students receiving need-based assistance under title IV of this Act in making eligibility determinations under section 312 and shall advance the base-year forward following each annual grant cycle. WAIVER AUTHORITY AND REPORTING REQUIREMENT 20 USC 1067. State and local governments. Disadvantaged persons. Minorities. Rural areas. Indians.

"SEC.

352. (a) WAIVER REQUIREMENTS; NEED-BASED ASSISTANCE

STUDENTS.—The Secretary shall waive the requirements set forth in section 312(b)(1)(A) 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- and middleincome 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; or "(6) 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

Reports.

may waive the requirements set forth in section 312(b)(1)(B) 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 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 312(b)(1)(B), have been determined to be eligible institutions under part A institutions 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— »„.>....

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