§ 1068d. Assistance to institutions under other programs

Statutory text

Assistance eligibility

Each institution which the Secretary determines to be an institution eligible under part A or an institution eligible under part B may be eligible for waivers in accordance with subsection (b).

Waiver applicability

Subject to, and in accordance with, regulations promulgated for the purpose of this section, in the case of any application by an institution referred to in subsection (a) for assistance under any programs specified in paragraph (2), the Secretary is authorized, if such application is otherwise approvable, to waive any requirement for a non-Federal share of the cost of the program or project, or, to the extent not inconsistent with other law, to give, or require to be given, priority consideration of the application in relation to applications from other institutions.

The provisions of this section shall apply to any program authorized by part D or subchapter IV of this chapter.

Limitation

The Secretary shall not waive, under subsection (b), the non-Federal share requirement for any program for applications which, if approved, would require the expenditure of more than 10 percent of the appropriations for the program for any fiscal year.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1986
Higher Education Act of 1965
Pub. L. 89–329 title III § 395 · 79 Stat. 1219
Enacted · 20 U.S.C. § 1068d
Pub. L. 89–329, title III, § 395, formerly § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306
Source evidence
Code source credit
Pub. L. 89–329, title III, § 395, formerly § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306
1992
Higher Education Amendments of 1992
Pub. L. 102–325 title III § 305(d) · 106 Stat. 448
Substituted · 20 U.S.C. § 1068d(a)
Pub. L. 102–325 substituted “may be eligible” for “shall be eligible”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–325 substituted “may be eligible” for “shall be eligible”.
Enacted provision · exact public law section
(d) Assistance to Institutions Under Other Programs.— Section 356(a) of the Act (20 U.S.C. 1069b(a)) is amended by striking “shall” and inserting “may”.
1996
Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 div. A title I § 101(e)(tVII)(s709)(d) · 110 Stat. 3009
Struck · 20 U.S.C. § 1068d(b)(2)
Pub. L. 104–208 struck out “II,” after “authorized by subchapter”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 104–208 struck out “II,” after “authorized by subchapter”.
Enacted provision · exact public law section
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:
1998
Higher Education Amendments of 1998
Pub. L. 105–244 § 308(f) · 112 Stat. 1581
Substituted · 20 U.S.C. § 1068d(b)(2)
Pub. L. 105–244, § 308(f), substituted “part D or subchapter IV of this chapter” for “subchapter IV, VII, or VIII of this chapter”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 105–244, § 308(f), substituted “part D or subchapter IV of this chapter” for “subchapter IV, VII, or VIII of this chapter”.
Enacted provision · exact public law section
(f) Waivers.— Paragraph (2) of section 395(b) (as redesignated 20 USC 1068d. by section 301(a)(2)) (20 U.S.C. 1069b(b)) is amended by striking “title IV, VII, or VIII” and inserting “part D or title IV”.
Effective date note
Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial

Editorial Notes

Codification

Section was formerly classified to section 1069b of this title prior to renumbering by Pub. L. 105–244.

Amendments1992–1998 · 3 rounds

1998

Subsec. (b)(2). Pub. L. 105–244, § 308(f), substituted “part D or subchapter IV of this chapter” for “subchapter IV, VII, or VIII of this chapter”.

1996

Subsec. (b)(2). Pub. L. 104–208 struck out “II,” after “authorized by subchapter”.

1992

Subsec. (a). Pub. L. 102–325 substituted “may be eligible” for “shall be eligible”.

Statutory Notes and Related Subsidiaries

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title.

Credits

1986–1998 · 4 acts

1986Pub. L. 89–329, title III, § 395, formerly § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306
1992amended Pub. L. 102–325, title III, § 305(d), July 23, 1992, 106 Stat. 478
1996Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(d)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–314
1998renumbered § 395 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.

Show as published

(Pub. L. 89–329, title III, § 395, formerly § 356, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1306; amended Pub. L. 102–325, title III, § 305(d), July 23, 1992, 106 Stat. 478; Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 709(d)], Sept. 30, 1996, 110 Stat. 3009–233, 3009–314; renumbered § 395 and amended Pub. L. 105–244, title III, §§ 301(a)(2), 308(f), Oct. 7, 1998, 112 Stat. 1636, 1649.)