Page:United States Statutes at Large Volume 112 Part 2.djvu/765

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PUBLIC LAW 105-244 —OCT. 7, 1998 112 STAT. 1649 this title, the Secretary may approve an application for assistance under this title only if the Secretary determines that— "(A) the application meets the requirements of subsection (b); "(B) the applicant is eligible for assistance in accordance with the part of this title under which the assistance is sought; and "(C) the applicant's performance goals are sufficiently rigorous as to meet the purposes of this title and the performance objectives and indicators for this title established by the Secretary pursuant to the Government Performance and Results Act of 1993 and the amendments made by such Act. "(2) PRELIMINARY APPLICATIONS.— In carrying out paragraph (1), the Secretary may develop a preliminary application for use by eligible institutions applying under part A prior to the submission of the principal application.". (b) APPLICATIONS.— Paragraph (1) of section 391(b) (as redesig- 20 USC 1068. nated by section 301(a)(2)) (20 U.S.C. 1066(b)) is amended by inserting ", D or E" after "part C. (c) CONTENTS OF APPLICATIONS.— Section 391(b)(6) (as redesignated by section 301(a)(2)) is amended by inserting before the semicolon the following: ", except that for purposes of section 316, paragraphs (2) and (3) of section 396 shall not apply". (d) WAIVERS.—Section 392(a) (as redesignated by section 20 USC 1068a. 301(a)(2)) (20 U.S.C. 1067(a)) is amended— (1) by striking "oi^ at the end of paragraph (5); (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: "(6) that is a tribally controlled college or university as defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978; or". (e) APPLICATION REVIEW PROCESS.— Section 393(a) (as redesig- 20 USC I068b. nated by section 301(a)(2)) (20 U.S.C. 1068(a)) is amended— (1) in paragraph (2), by striking 'TMative American colleges and universities" and inserting "Tribal Colleges and Universities"; and (2) by adding at the end the following: "(d) EXCLUSION. — The provisions of this section shall not apply to applications submitted under part D.". (f) WAIVERS.— Paragraph (2) of section 395(b) (as redesignated 20 USC I068<i. 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". (g) CONTINUATION AWARDS. — Part F of title III is amended by inserting after section 397 (as redesignated by section 301(a)(2)) (20 U.S.C. 1069d) the following: "SEC. 398. CONTINUATION AWARDS. 20 USC 1068g. "The Secretary shall make continuation awards under this title for the second and succeeding years of a grant only after determining that the recipient is making satisfactory progress in carrying out the grant.". (h) AUTHORIZATION OF APPROPRIATIONS.—Section 399(a) (as 20usei068h. redesignated by section 301(a)(2)) (20 U.S.C. 1069f) is amended— (1) in paragraph (1)—