 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
     SUBCHAPTER VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
 
                   Part A--Graduate Education Programs
 
        subpart 2--graduate assistance in areas of national need
 
Sec. 1135a. Institutional eligibility


(a) Eligibility criteria

    Any academic department, program or unit of an institution of higher 
education that offers a program of postbaccalaureate study leading to a 
graduate degree in an area of national need (as designated under 
subsection (b) of this section) may apply for a grant under this 
subpart. No department, program or unit shall be eligible for a grant 
unless the program of postbaccalaureate study has been in existence for 
at least 4 years at the time of application for assistance under this 
subpart.

(b) Designation of areas of national need

    After consultation with appropriate Federal and nonprofit agencies 
and organizations, the Secretary shall designate areas of national need. 
In making such designations, the Secretary shall take into account the 
extent to which the interest in the area is compelling, the extent to 
which other Federal programs support postbaccalaureate study in the area 
concerned, and an assessment of how the program could achieve the most 
significant impact with available resources.

(Pub. L. 89-329, title VII, Sec. 712, as added Pub. L. 105-244, title 
VII, Sec. 701, Oct. 7, 1998, 112 Stat. 1791.)


                            Prior Provisions

    Provisions similar to this section were contained in section 1134n 
of this title, prior to repeal by Pub. L. 105-244.
    A prior section 1135a, Pub. L. 89-329, title X, Sec. 1002, as added 
Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 1489; 
amended Pub. L. 102-325, title X, Sec. 1001, July 23, 1992, 106 Stat. 
778, related to National Board of the Fund for the Improvement of 
Postsecondary Education, prior to repeal by Pub. L. 105-244, Sec. 3, 
title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 
1, 1998. See section 1138a of this title.
    Another prior section 1135a, Pub. L. 89-329, title X, Sec. 1011, as 
added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 
313; amended Pub. L. 94-482, title I, Sec. 176(b)(2), Oct. 12, 1976, 90 
Stat. 2165; Pub. L. 96-49, Sec. 53(b), Aug. 13, 1979, 93 Stat. 354, 
authorized appropriations for a program of establishment and expansion 
of community colleges, prior to repeal by section 1001(a) of Pub. L. 96-
374.
    Another prior section 1135a, Pub. L. 89-329, title X, Sec. 1002, as 
added Pub. L. 90-575, title II, Sec. 271, Oct. 16, 1968, 82 Stat. 1047, 
authorized appropriations, provided for types of programs, and 
prescribed limitations respecting improvement of graduate programs, 
prior to the general amendment of subchapter X of this chapter by Pub. 
L. 92-318.
    A prior section 712 of Pub. L. 89-329 was classified to section 
1132b-1 of this title, prior to the general amendment of this subchapter 
by Pub. L. 105-244.
    Another prior section 712 of Pub. L. 89-329 was classified to 
section 1132b-1 of this title, prior to the general amendment of part A 
of this subchapter by Pub. L. 102-325.
    Another prior section 712 of Pub. L. 89-329 was classified to 
section 1132b-1 of this title, prior to the general amendment of this 
subchapter by Pub. L. 99-498.
    A prior section 1135a-1, Pub. L. 89-329, title X, Sec. 1003, as 
added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 
1490; amended Pub. L. 99-498, title X, Sec. 1001(a), Oct. 17, 1986, 100 
Stat. 1560; Pub. L. 102-325, title X, Sec. 1001, July 23, 1992, 106 
Stat. 779, contained administrative provisions, prior to repeal by Pub. 
L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 
1803, effective Oct. 1, 1998. See section 1138b of this title.
    Another prior section 1135a-1, Pub. L. 89-329, title X, Sec. 1012, 
as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 
Stat. 313; amended Pub. L. 94-482, title I, Sec. 176(b)(3), Oct. 12, 
1976, 90 Stat. 2165; Pub. L. 95-180, Sec. 1(c), Nov. 15, 1977, 91 Stat. 
1372, related to the apportionment of funds in the program of 
establishing and expanding community colleges, prior to repeal by 
section 1001(a) of Pub. L. 96-374.
    A prior section 1135a-2, Pub. L. 89-329, title X, Sec. 1004, as 
added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 
1490; amended Pub. L. 102-325, title X, Sec. 1001, July 23, 1992, 106 
Stat. 779; Pub. L. 103-208, Sec. 2(j)(42), Dec. 20, 1993, 107 Stat. 
2484, authorized appropriations for the Fund for the Improvement of 
Postsecondary Education, prior to repeal by Pub. L. 105-244, Sec. 3, 
title VII, Sec. 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 
1, 1998. See section 1138d of this title.
    Another prior section 1135a-2, Pub. L. 89-329, title X, Sec. 1013, 
as added Pub. L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 
Stat. 314, provided for establishment grants and defined the term ``new 
community college'', prior to repeal by section 1001(a) of Pub. L. 96-
374.
    A prior section 1135a-3, Pub. L. 89-329, title X, Sec. 1005, as 
added Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 Stat. 
1491; amended Pub. L. 99-498, title X, Sec. 1001(b), Oct. 17, 1986, 100 
Stat. 1561, authorized appropriations to carry out part A of former 
subchapter X of this chapter for fiscal years 1987 to 1991, prior to the 
general amendment of that part by Pub. L. 102-325.
    Another prior section 1135a-3 and prior sections 1135a-4 to 1135a-7 
were repealed by Pub. L. 96-374, title X, Sec. 1001(a), Oct. 3, 1980, 94 
Stat. 1489, eff. Oct. 1, 1980.
    Section 1135a-3, Pub. L. 89-329, title X, Sec. 1014, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 314; amended 
Pub. L. 94-482, title I, Sec. 177, Oct. 12, 1976, 90 Stat. 2165, related 
to expansion grants.
    Section 1135a-4, Pub. L. 89-329, title X, Sec. 1015, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 314, related 
to leasing of facilities.
    Section 1135a-5, Pub. L. 89-329, title X, Sec. 1016, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 315, related 
to establishment and expansion grants.
    Section 1135a-6, Pub. L. 89-329, title X, Sec. 1017, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 315, 
authorized payment to approved applicants.
    Section 1135a-7, Pub. L. 89-329, title X, Sec. 1018, as added Pub. 
L. 92-318, title I, Sec. 186(a)(1), June 23, 1972, 86 Stat. 315; amended 
Pub. L. 94-482, title I, Sec. 178, Oct. 12, 1976, 90 Stat. 2166, defined 
the term ``community college''.
    A prior section 1135a-11, Pub. L. 89-329, title X, Sec. 1011, as 
added Pub. L. 102-325, title X, Sec. 1001, July 23, 1992, 106 Stat. 780; 
amended Pub. L. 103-208, Sec. 2(j)(43), Dec. 20, 1993, 107 Stat. 2484, 
authorized grants for special projects in areas of national need, prior 
to repeal by Pub. L. 105-244, Sec. 3, title VII, Sec. 702, Oct. 7, 1998, 
112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138c of this 
title.
