 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                  SUBCHAPTER V--DEVELOPING INSTITUTIONS
 
                       Part B--General Provisions
 
Sec. 1103. Eligibility; applications


(a) Institutional eligibility

    Each Hispanic-serving institution desiring to receive assistance 
under this subchapter shall submit to the Secretary such enrollment data 
as may be necessary to demonstrate that the institution is a Hispanic-
serving institution as defined in section 1101a of this title, along 
with such other data and information as the Secretary may by regulation 
require.

(b) Applications

                      (1) Applications required

        Any institution which is eligible for assistance under this 
    subchapter 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 assistance. Subject to the availability 
    of appropriations to carry out this subchapter, the Secretary may 
    approve an application for a grant under this subchapter only if the 
    Secretary determines that--
            (A) the application meets the requirements of subsection (b) 
        of this section; and
            (B) the institution is eligible for assistance in accordance 
        with the provisions of this subchapter under which the 
        assistance is sought.

                    (2) Preliminary applications

        In carrying out paragraph (1), the Secretary may develop a 
    preliminary application for use by Hispanic-serving institutions 
    applying under this subchapter prior to the submission of the 
    principal application.

(c) Contents

    A Hispanic-serving institution, in the institution's application for 
a grant, shall--
        (1) set forth, or describe how the institution will develop, a 
    comprehensive development plan to strengthen the institution's 
    academic quality and institutional management, and otherwise provide 
    for institutional self-sufficiency and growth (including measurable 
    objectives for the institution and the Secretary to use in 
    monitoring the effectiveness of activities under this subchapter);
        (2) include a 5-year plan for improving the assistance provided 
    by the Hispanic-serving institution to Hispanic students and other 
    low-income individuals;
        (3) set forth policies and procedures to ensure that Federal 
    funds made available under this subchapter for any fiscal year will 
    be used to supplement and, to the extent practical, increase the 
    funds that would otherwise be made available for the purposes of 
    section 1101(b) of this title, and in no case supplant those funds;
        (4) set forth policies and procedures for evaluating the 
    effectiveness in accomplishing the purpose of the activities for 
    which a grant is sought under this subchapter;
        (5) provide for such fiscal control and fund accounting 
    procedures as may be necessary to ensure proper disbursement of and 
    accounting for funds made available to the institution under this 
    subchapter;
        (6) provide that the institution will comply with the 
    limitations set forth in section 1103e of this title;
        (7) describe in a comprehensive manner any proposed project for 
    which funds are sought under the application and include--
            (A) a description of the various components of the proposed 
        project, including the estimated time required to complete each 
        such component;
            (B) in the case of any development project that consists of 
        several components (as described by the institution pursuant to 
        subparagraph (A)), a statement identifying those components 
        which, if separately funded, would be sound investments of 
        Federal funds and those components which would be sound 
        investments of Federal funds only if funded under this 
        subchapter in conjunction with other parts of the development 
        project (as specified by the institution);
            (C) an evaluation by the institution of the priority given 
        any proposed project for which funds are sought in relation to 
        any other projects for which funds are sought by the institution 
        under this subchapter, and a similar evaluation regarding 
        priorities among the components of any single proposed project 
        (as described by the institution pursuant to subparagraph (A));
            (D) a detailed budget showing the manner in which funds for 
        any proposed project would be spent by the institution; and
            (E) a detailed description of any activity which involves 
        the expenditure of more than $25,000, as identified in the 
        budget referred to in subparagraph (D);

        (8) provide for making reports, in such form and containing such 
    information, as the Secretary may require to carry out the 
    Secretary's functions under this subchapter, including not less than 
    one report annually setting forth the institution's progress toward 
    achieving the objectives for which the funds were awarded and for 
    keeping such records and affording such access to such records, as 
    the Secretary may find necessary to assure the correctness and 
    verification of such reports; and
        (9) include such other information as the Secretary may 
    prescribe.

(d) Priority

    With respect to applications for assistance under this section, the 
Secretary shall give priority to an application that contains 
satisfactory evidence that the Hispanic-serving institution has entered 
into or will enter into a collaborative arrangement with at least one 
local educational agency or community-based organization 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 students, 
and increasing the rates at which Hispanic secondary school graduates 
enroll in higher education.

(e) Eligibility data

    The Secretary shall use the most recent and relevant data concerning 
the number and percentage of students receiving need-based assistance 
under subchapter IV of this chapter and part C of subchapter I of 
chapter 34 of title 42 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, Sec. 511, as added Pub. L. 105-244, title V, 
Sec. 501, Oct. 7, 1998, 112 Stat. 1770.)


                            Prior Provisions

A prior section 1103, Pub. L. 89-329, title V, Sec. 511, as added Pub. 
L. 102-325, title V, Sec. 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, Sec. 511, as 
added Pub. L. 99-498, title V, Sec. 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, Sec. 513, Nov. 
8, 1965, 79 Stat. 1256; Pub. L. 90-35, Sec. 3(a)(3), (c)-(f), June 29, 
1967, 81 Stat. 85, 86; Pub. L. 91-230, title VIII, Secs. 803, 804(c), 
(d), 805(b), Apr. 13, 1970, 84 Stat. 190, 191; Pub. L. 93-380, title 
VIII, Sec. 835(a)(2), (3), Aug. 21, 1974, 88 Stat. 605; Pub. L. 94-482, 
title I, Secs. 151(a)(5)(C), 152(b)-(d), Oct. 12, 1976, 90 Stat. 2152, 
2153; Pub. L. 96-374, title V, Sec. 502(a)-(d), title XIII, 
Sec. 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, Sec. 587(a)(2), Aug. 13, 1981, 95 
Stat. 480.
    A prior section 511 of Pub. L. 89-329 was classified to section 1101 
of this title prior to repeal by Pub. L. 97-35.
