20 U.S.C. § 1103a — Waiver authority and reporting require-

Page 755 TITLE 20—EDUCATION § 1103a ority to an application that contains satisfac- tory evidence that the Hispanic-serving institu- tion has entered into or will enter into a col- laborative arrangement with at least one local educational agency or community-based organi- zation to provide such agency or organization with assistance (from funds other than funds provided under this subchapter) in reducing dropout rates for Hispanic students, improving rates of academic achievement for Hispanic stu- dents, and increasing the rates at which His- panic secondary school graduates enroll in high- er education. (e) Eligibility data The Secretary shall use the most recent and relevant data concerning the number and per- centage of students receiving need-based assist- ance under subchapter IV in making eligibility determinations and shall advance the base-year for the determinations forward following each annual grant cycle. (Pub. L. 89–329, title V, § 521, formerly § 511, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1770; renumbered § 521 and amended Pub. L. 110–315, title V, §§ 502(a)(2), (b)(2), 503, Aug. 14, 2008, 122 Stat. 3331, 3333.) Editorial Notes PRIOR PROVISIONS A prior section 1103, Pub. L. 89–329, title V, § 511, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 674, established program of grants for National Teacher Academies, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1103, Pub. L. 89–329, title V, § 511, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1496, set forth statement of purpose for former part A of this subchapter relating to midcareer teacher training for nontraditional students, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 1103, Pub. L. 89–329, title V, § 513, Nov. 8, 1965, 79 Stat. 1256; Pub. L. 90–35, § 3(a)(3), (c)–(f), June 29, 1967, 81 Stat. 85, 86; Pub. L. 91–230, title VIII, §§ 803, 804(c), (d), 805(b), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 93–380, title VIII, § 835(a)(2), (3), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94–482, title I, §§ 151(a)(5)(C), 152(b)–(d), Oct. 12, 1976, 90 Stat. 2152, 2153; Pub. L. 96–374, title V, § 502(a)–(d), title XIII, § 1391(a)(1), Oct. 3, 1980, 94 Stat. 1459, 1503, related to recruitment, enrollment, training, etc., of members for program, prior to repeal by Pub. L. 97–35, title V, § 587(a)(2), Aug. 13, 1981, 95 Stat. 480. A prior section 521 of Pub. L. 89–329 was classified to section 1104 of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 521 of Pub. L. 89–329 was classi- fied to section 1105 of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 521 of Pub. L. 89–329 was classi- fied to section 1111 of this title, prior to repeal by Pub. L. 94–482. AMENDMENTS 2008—Subsec. (b)(1)(A). Pub. L. 110–315, § 503, sub- stituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’. Subsec. (c)(6). Pub. L. 110–315, § 502(b)(2), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 1103e of this title. § 1103a. Waiver authority and reporting require- ment (a) Waiver requirements; need-based assistance students The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(i) of this title 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 insti- tution’s total student population; (3) that is contributing substantially to in- creasing higher education opportunities for educationally disadvantaged, underrep- resented, 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 deter- mines that the waiver will substantially in- crease higher education opportunities appro- priate to the needs of Hispanic Americans. (b) Waiver determinations; expenditures (1) Waiver determinations The Secretary may waive the requirements set forth in section 1101a(a)(2)(A)(ii) of this title if the Secretary determines, based on per- suasive evidence submitted by the institution, that the institution’s failure to meet the re- quirements 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 eligi- ble institution under part A is otherwise con- sistent with the purposes of this subchapter. (2) Expenditures The Secretary shall submit to Congress every other year a report concerning the insti- tutions that, although not satisfying the re- quirements of section 1101a(a)(2)(A)(ii) of this title, have been determined to be eligible in- stitutions under part A. Such report shall— (A) identify the factors referred to in para- graph (1) that were considered by the Sec- retary as factors that distorted the deter- mination of compliance with clauses (i) and (ii) of section 1101a(a)(2)(A) of this title; and (B) contain a list of each institution deter- mined to be an eligible institution under part A including a statement of the reasons for each such determination. (Pub. L. 89–329, title V, § 522, formerly § 512, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1772; renumbered § 522, Pub. L. 110–315, title V, § 502(a)(2), Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 1103a, Pub. L. 89–329, title V, § 512, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 674, related to eligible recipients, prior to the gen- eral amendment of this subchapter by Pub. L. 105–244. Another prior section 1103a, Pub. L. 89–329, title V, § 512, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, Page 756 TITLE 20—EDUCATION § 1103b 1986, 100 Stat. 1496, related to selection procedures for grants to institutions offering midcareer teacher train- ing for nontraditional students, prior to the general amendment of this subchapter by Pub. L. 102–325. A prior section 522 of Pub. L. 89–329 was classified to section 1104a of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 522 of Pub. L. 89–329 was classi- fied to section 1105a of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 522 of Pub. L. 89–329 was classi- fied to section 1112 of this title, prior to repeal by Pub. L. 94–482. § 1103b. Application review process (a) Review panel All applications submitted under this sub- chapter by Hispanic-serving institutions shall be read by a panel of readers composed of individ- uals who are selected by the Secretary and who include individuals representing Hispanic-serv- ing institutions. The Secretary shall ensure that no individual assigned under this section to re- view any application has any conflict of interest with regard to the application that might im- pair the impartiality with which the individual conducts the review under this section. (b) Instruction All readers selected by the Secretary shall re- ceive thorough instruction from the Secretary regarding the evaluation process for applica- tions submitted under this subchapter that are consistent with the provisions of this sub- chapter, including— (1) an enumeration of the factors to be used to determine the quality of applications sub- mitted under this subchapter; and (2) an enumeration of the factors to be used to determine whether a grant should be award- ed for a project under this subchapter, the amount of any such grant, and the duration of any such grant. (c) Recommendations of panel In awarding grants under this subchapter, the Secretary shall take into consideration the rec- ommendations of the panel made under sub- section (a). (d) Notification Not later than June 30 of each year, the Sec- retary shall notify each Hispanic-serving insti- tution making an application under this sub- chapter of— (1) the scores given the institution by the panel pursuant to this section; (2) the recommendations of the panel with respect to such application; and (3) the reasons for the decision of the Sec- retary in awarding or refusing to award a grant under this subchapter, and any modi- fications, if any, in the recommendations of the panel made by the Secretary. (Pub. L. 89–329, title V, § 523, formerly § 513, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1772; renumbered § 523, Pub. L. 110–315, title V, § 502(a)(2), Aug. 14, 2008, 122 Stat. 3331.) Editorial Notes PRIOR PROVISIONS A prior section 1103b, Pub. L. 89–329, title V, § 513, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 674, related to use of funds, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1103b, Pub. L. 89–329, title V, § 513, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1497, related to review of applications for grants, prior to the general amendment of this sub- chapter by Pub. L. 102–325. A prior section 523 of Pub. L. 89–329 was classified to section 1104b of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 523 of Pub. L. 89–329 was classi- fied to section 1105b of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 523 of Pub. L. 89–329 was classi- fied to section 1113 of this title, prior to repeal by Pub. L. 94–482. § 1103c. Cooperative arrangements (a) General authority The Secretary may make grants to encourage cooperative arrangements with funds available to carry out this subchapter, between Hispanic- serving institutions eligible for assistance under this subchapter, and between such institutions and institutions not receiving assistance under this subchapter, for the activities described in sections 1101b and 1102b of this title so that the resources of the cooperating institutions might be combined and shared in order to achieve the purposes of this subchapter, to avoid costly du- plicative efforts, and to enhance the develop- ment of Hispanic-serving institutions. (b) Priority The Secretary shall give priority to grants for the purposes described under subsection (a) whenever the Secretary determines that the co- operative arrangement is geographically and economically sound or will benefit the applicant Hispanic-serving institution. (c) Duration Grants to Hispanic-serving institutions having a cooperative arrangement may be made under this section for a period determined under sec- tion 1101d of this title. (Pub. L. 89–329, title V, § 524, formerly § 514, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1773; renumbered § 524 and amended Pub. L. 110–315, title V, §§ 502(a)(2), 504, Aug. 14, 2008, 122 Stat. 3331, 3333.) Editorial Notes PRIOR PROVISIONS A prior section 1103c, Pub. L. 89–329, title V, § 514, as added Pub. L. 102–325, title V, § 501(a), July 23, 1992, 106 Stat. 675, related to applications for grants, prior to the general amendment of this subchapter by Pub. L. 105–244. Another prior section 1103c, Pub. L. 89–329, title V, § 514, as added Pub. L. 99–498, title V, § 501(a), Oct. 17, 1986, 100 Stat. 1497, related to amount of grants to insti- tutions offering midcareer teacher training for non- traditional students, prior to the general amendment of this subchapter by Pub. L. 102–325. A prior section 524 of Pub. L. 89–329 was classified to section 1104c of this title, prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 524 of Pub. L. 89–329 was classi- fied to section 1105c of this title, prior to the general amendment of this subchapter by Pub. L. 102–325. Another prior section 524 of Pub. L. 89–329 was classi- fied to section 1114 of this title, prior to repeal by Pub. L. 94–482.