Laws & Guidance HIGHER EDUCATION
Amendments to Higher Education Act of 1965
P.L. 105-244

TITLE III--INSTITUTIONAL AID
SEC. 308. GENERAL PROVISIONS.

(a) APPLICATIONS FOR ASSISTANCE- Subsection (a) of section 391(a) (as redesignated by section 301(a)(2)) (20 U.S.C. 1066(a)) is amended to read as follows:

`(a) APPLICATIONS-

`(1) APPLICATIONS REQUIRED- Any institution which is eligible for assistance under this title shall submit to the Secretary an application for assistance at such time, in such form, and containing such information, as may be necessary to enable the Secretary to evaluate the institution's need for the assistance. Subject to the availability of appropriations to carry out 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 redesignated 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 301(a)(2)) (20 U.S.C. 1067(a)) is amended--

(1) by striking `or' 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 redesignated by section 301(a)(2)) (20 U.S.C. 1068(a)) is amended--

(1) in paragraph (2), by striking `Native 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 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.

`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 redesignated by section 301(a)(2)) (20 U.S.C. 1069f) is amended--

(1) in paragraph (1)--

(A) in subparagraph (A), by striking `1993' and inserting `1999';

(B) in subparagraph (B)--

(i) in clause (i), by striking `$45,000,000 for fiscal year 1993' and inserting `$10,000,000 for fiscal year 1999';

(ii) by striking clause (ii); and

(iii) by striking `(B)(i) There' and inserting `(B) There'; and

(C) by adding at the end the following:

`(C) There are authorized to be appropriated to carry out section 317, $5,000,000 for fiscal year 1999 and such sums as may be necessary for each of the 4 succeeding fiscal years.';

(2) in paragraph (2)--

(A) in subparagraph (A), by striking `1993' and inserting `1999'; and

(B) in subparagraph (B), by striking `$20,000,000 for fiscal year 1993' and inserting `$35,000,000 for fiscal year 1999';

(3) in paragraph (3), by striking `$50,000,000 for fiscal year 1993' and inserting `$10,000,000 for fiscal year 1999';

(4) by adding at the end the following:

`(4) PART D- (A) There are authorized to be appropriated to carry out part D (other than section 345(7), but including section 347), $110,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years.

`(B) There are authorized to be appropriated to carry out section 345(7), such sums as may be necessary for fiscal year 1999 and each of the 4 succeeding fiscal years.

`(5) PART E- There are authorized to be appropriated to carry out part E, $10,000,000 for fiscal year 1999, and such sums as may be necessary for each of the 4 succeeding fiscal years.'; and

(5) by striking subsections (c), (d), and (e).

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Last Modified: 09/23/2003