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LegalText 20 U.S.C. § 1135a Institutional eligibility us united_states_code code_section 20 EDUCATION 28 HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE 1135a 20 U.S.C. § 1135a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s1135a data/legal/raw/us/code/title-20/usc20.xml 3b9e6567e532af0f028095286e83f95605692d1d33ba420e58475d2208918d30 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 4b6852e70e927e99ac897f6725a0a67f4a2ec52f849c20e6c57789eb9cf461eb 2026-07-04 official
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20 U.S.C. § 1135a - Institutional eligibility

Text

(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, including a masters or doctoral degree, in an area of national need (as designated under subsection (b)) 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, including the National Science Foundation, the Department of Defense, the Department of Homeland Security, the National Academy of Sciences, and the Bureau of Labor Statistics, the Secretary shall designate areas of national need. In making such designations, the Secretary shall take into consideration—

(1) the extent to which the interest in the area is compelling;

(2) the extent to which other Federal programs support postbaccalaureate study in the area concerned;

(3) an assessment of how the program may achieve the most significant impact with available resources; and

(4) an assessment of current (as of the time of the designation) and future professional workforce needs of the United States.

(Pub. L. 89329, title VII, § 712, as added Pub. L. 105244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1791; amended Pub. L. 110315, title VII, § 703(a), (e)(2), Aug. 14, 2008, 122 Stat. 3346, 3347.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to this section were contained in section 1134n of this title, prior to repeal by Pub. L. 105244. A prior section 1135a, Pub. L. 89329, title X, § 1002, as added Pub. L. 96374, title X, § 1001(a), Oct. 3, 1980, 94 Stat. 1489; amended Pub. L. 102325, title X, § 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. 105244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138a of this title. Another prior section 1135a, Pub. L. 89329, title X, § 1011, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 313; amended Pub. L. 94482, title I, § 176(b)(2), Oct. 12, 1976, 90 Stat. 2165; Pub. L. 9649, § 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. 96374. Another prior section 1135a, Pub. L. 89329, title X, § 1002, as added Pub. L. 90575, title II, § 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. 92318. A prior section 712 of Pub. L. 89329 was classified to section 1132b1 of this title, prior to the general amendment of this subchapter by Pub. L. 105244. Another prior section 712 of Pub. L. 89329 was classified to section 1132b1 of this title, prior to the general amendment of part A of this subchapter by Pub. L. 102325. Another prior section 712 of Pub. L. 89329 was classified to section 1132b1 of this title, prior to the general amendment of this subchapter by Pub. L. 99498. A prior section 1135a1, Pub. L. 89329, title X, § 1003, as added Pub. L. 96374, title X, § 1001(a), Oct. 3, 1980, 94 Stat. 1490; amended Pub. L. 99498, title X, § 1001(a), Oct. 17, 1986, 100 Stat. 1560; Pub. L. 102325, title X, § 1001, July 23, 1992, 106 Stat. 779, contained administrative provisions, prior to repeal by Pub. L. 105244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138b of this title. Another prior section 1135a1, Pub. L. 89329, title X, § 1012, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 313; amended Pub. L. 94482, title I, § 176(b)(3), Oct. 12, 1976, 90 Stat. 2165; Pub. L. 95180, § 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. 96374. A prior section 1135a2, Pub. L. 89329, title X, § 1004, as added Pub. L. 96374, title X, § 1001(a), Oct. 3, 1980, 94 Stat. 1490; amended Pub. L. 102325, title X, § 1001, July 23, 1992, 106 Stat. 779; Pub. L. 103208, § 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. 105244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138d of this title. Another prior section 1135a2, Pub. L. 89329, title X, § 1013, as added Pub. L. 92318, title I, § 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. 96374. A prior section 1135a3, Pub. L. 89329, title X, § 1005, as added Pub. L. 96374, title X, § 1001(a), Oct. 3, 1980, 94 Stat. 1491; amended Pub. L. 99498, title X, § 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. 102325. Another prior section 1135a3 and prior sections 1135a4 to 1135a7 were repealed by Pub. L. 96374, title X, § 1001(a), Oct. 3, 1980, 94 Stat. 1489, eff. Oct. 1, 1980. Section 1135a3, Pub. L. 89329, title X, § 1014, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 314; amended Pub. L. 94482, title I, § 177, Oct. 12, 1976, 90 Stat. 2165, related to expansion grants. Section 1135a4, Pub. L. 89329, title X, § 1015, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 314, related to leasing of facilities. Section 1135a5, Pub. L. 89329, title X, § 1016, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 315, related to establishment and expansion grants. Section 1135a6, Pub. L. 89329, title X, § 1017, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 315, authorized payment to approved applicants. Section 1135a7, Pub. L. 89329, title X, § 1018, as added Pub. L. 92318, title I, § 186(a)(1), June 23, 1972, 86 Stat. 315; amended Pub. L. 94482, title I, § 178, Oct. 12, 1976, 90 Stat. 2166, defined the term “community college”. A prior section 1135a11, Pub. L. 89329, title X, § 1011, as added Pub. L. 102325, title X, § 1001, July 23, 1992, 106 Stat. 780; amended Pub. L. 103208, § 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. 105244, § 3, title VII, § 702, Oct. 7, 1998, 112 Stat. 1585, 1803, effective Oct. 1, 1998. See section 1138c of this title.

Amendments2008—Subsec. (a). Pub. L. 110315, § 703(e)(2), inserted “, including a masters or doctoral degree,” after “leading to a graduate degree”. Subsec. (b). Pub. L. 110315, § 703(a), added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: “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.”