Page:United States Statutes at Large Volume 112 Part 2.djvu/888

 112 STAT. 1772 PUBLIC LAW 105-244 —OCT. 7, 1998 eligibility determinations and shall advance the base-year for the determinations forward following each annual grant cycle. 20 USC 1103a. "SEC. 512. WAIVER AUTHORITY AND REPORTING REQUIREMENT. " (a) WAIVER REQUIREMENTS; NEED-BASED ASSISTANCE STU- DENTS. — The Secretary may waive the requirements set forth in section 502(a)(2)(A)(i) 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. —The Secretary may waive the requirements set forth in section 502(a)(2)(A)(ii) 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 title. Reports. "(2) EXPENDITURES. —The Secretary shall submit to Congress every other year a report concerning the institutions that, although not satisfying the requirements of section 502(a)(2)(A)(ii), have been determined to be eligible institutions under part A. Such report shall— "(A) 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 section 502(a)(2)(A); and Records. "(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. 20 USC 1103b. "SEC. 513. APPLICATION REVIEW PROCESS. "(a) REVIEW PANEL.— A ll applications submitted under this title by Hispanic-serving institutions shall be read by a panel of readers composed of individuals who are selected by the Secretary and who include individuals representing Hispanic-serving institutions. The Secretary shall ensure that no individual assigned under this section to review any application has any conflict of interest with regard to the application that might impair the impartiality with which the individual conducts the review under this section. "(b) INSTRUCTION.— All readers selected by the Secretary shall receive thorough instruction from the Secretary regarding the evaluation process for applications submitted under this title that are consistent with the provisions of this title, including—

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