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20 U.S.C. § 1102a — Program authority and eligibility

Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1102a — Program authority and eligibility

**(a) Program authorized** Subject to the availability of funds appropriated to carry out this part, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in [section 1102b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1102b&num=0&edition=prelim). **(b) Eligibility** For the purposes of this part, an “eligible institution” means an institution of higher education that— (1) is a Hispanic-serving institution (as defined in [section 1101a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a&num=0&edition=prelim)); and (2) offers a postbaccalaureate certificate or postbaccalaureate degree granting program.

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Source location: Title 20, Chapter 28, § 1102a; chapter-028-higher-education-resources-and-student-assistance.md

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Federal law — U.S. Code and appendices · legal_authorities

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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a/a/2/A/i&num=0&edition=prelim) 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 1101a(a)(2)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1101a/a/2/A/ii&num=0&edition=prelim) 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 subchapter. (2) **Expenditures** — The S

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1103a

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1102b — Authorized activities

Grants awarded under this part shall be used for one or more of the following activities: (1) Purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes. (2) Construction, maintenance, renovation, and improvement of classrooms, libraries, laboratories, and other instructional facilities, including purchase or rental of telecommunications technology equipment or services. (3) Purchase of library books, periodicals, technical and other scientific journals, microfilm, microfiche, and other educational materials, including telecommunications program materials. (4) Support for low-income postbaccalaureate students including outreach, academic support services, mentoring, scholarships, fellowships, and other financial assistance to permit the enrollment of such students in postbaccalaureate certificate and postbaccalaureate degree granting programs. (5) Support of faculty exchanges, faculty development, faculty research, curriculum development, and academic instruction. (6) Creating or improving facilities for Internet or other distance education technologies, including purchase or rental of telecommunications technology equipment or services. (7) Collaboration with other institutions of higher education to expand postbaccalaureate certificate and postbaccalaureate degree offerings. (8) Other activities proposed in the application submitted pursuant to [section 1102c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1102c&num=0&edition=prelim) that— (A) contribute to carrying out the purposes of this part; and (B) are approved by the Secretary as part of the review and acceptance of such application.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1101a — Definitions; eligibility

**(a) Definitions** For the purpose of this subchapter: (1) **Educational and general expenditures** — The term “educational and general expenditures” means the total amount expended by an institution for instruction, research, public service, academic support (including library expenditures), student services, institutional support, scholarships and fellowships, operation and maintenance expenditures for the physical plant, and any mandatory transfers that the institution is required to pay by law. (2) **Eligible institution** — The term “eligible institution” means— (A) an institution of higher education— (i) that has an enrollment of needy students as required by subsection (b); (ii) except as provided in [section 1103a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1103a/b&num=0&edition=prelim), the average educational and general expenditures of which are low, per full-time equivalent undergraduate student, in comparison with the average educational and general expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction; (iii) that is— (I) legally authorized to provide, and provides within the State, an educational program for which the institution awards a bachelor’s degree; or (II) a junior or community college; (iv) that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be reliable authority as to the quality of training offered or that is, according to such an agency or association, making reasonable progress toward accreditation; (v) that meets such other requirements as the Secretary may prescribe; and (vi) that is located in a State; and (B) any branch of any

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1101a

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1102 — Purposes

The purposes of this part are— (1) to expand postbaccalaureate educational opportunities for, and improve the academic attainment of, Hispanic students; and (2) to expand the postbaccalaureate academic offerings and enhance the program quality in the institutions of higher education that are educating the majority of Hispanic college students and helping large numbers of Hispanic and low-income students complete postsecondary degrees.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1102a — Program authority and eligibility

Page 752 TITLE 20—EDUCATION § 1101c § 1101c. Duration of grant (a) Award period The Secretary may award a grant to a His- panic-serving institution under this subchapter for 5 years. (b) Planning grants Notwithstanding subsection (a), the Secretary may award a grant to a Hispanic-serving institu- tion under this subchapter for a period of 1 year for the purpose of preparation of plans and ap- plications for a grant under this subchapter. (Pub. L. 89–329, title V, § 504, as added Pub. L. 105–244, title V, § 501, Oct. 7, 1998, 112 Stat. 1769; amended Pub. L. 109–292, § 4(b), Sept. 30, 2006, 120 Stat. 1341.) Editorial Notes PRIOR PROVISIONS A prior section 504 of Pub. L. 89–329 was classified to section 1102c of this title prior to the general amend- ment of this subchapter by Pub. L. 105–244. Another prior section 504 of Pub. L. 89–329 was classi- fied to section 1091c of this title prior to repeal by Pub. L. 94–482. AMENDMENTS 2006—Subsec. (a). Pub. L. 109–292 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘(1) IN GENERAL.—The Secretary may award a grant to a Hispanic-serving institution under this subchapter for 5 years. ‘‘(2) WAITOUT PERIOD.—A Hispanic-serving institution shall not be eligible to secure a subsequent 5-year grant award under this subchapter until 2 years have elapsed since the expiration of the institution’s most recent 5- year grant award under this subchapter, except that for the purpose of this subsection a grant under section 1103c(a) of this title shall not be considered a grant under this subchapter.’’ § 1101d. Special rule No Hispanic-serving institution that is eligible for and receives funds under this subchapter may receive funds under part A or B of sub

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