# § 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, including a master’s 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.
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**Source Credit**: (Pub. L. 89–329, title VII, § 712, as added Pub. L. 105–244, title VII, § 701, Oct. 7, 1998, 112 Stat. 1791; amended Pub. L. 110–315, title VII, § 703(a), (e)(2), Aug. 14, 2008, 122 Stat. 3346, 3347.)
## Editorial Notes
### Prior Provisions
Provisions similar to this section were contained in , prior to repeal by .
A prior section 1135a, , as added , , ; amended , , , related to National Board of the Fund for the Improvement of Postsecondary Education, prior to repeal by , title VII, § 702, , , 1803, effective . See .
Another prior section 1135a, , as added , , ; amended , , ; , , , authorized appropriations for a program of establishment and expansion of community colleges, prior to repeal by .
Another prior section 1135a, , as added , , , 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 .
A prior was classified to , prior to the general amendment of this subchapter by .
Another prior was classified to , prior to the general amendment of part A of this subchapter by .
Another prior was classified to , prior to the general amendment of this subchapter by .
A prior section 1135a–1, , as added , , ; amended , , ; , , , contained administrative provisions, prior to repeal by , title VII, § 702, , , 1803, effective . See .
Another prior section 1135a–1, , as added , , ; amended , , ; , , , related to the apportionment of funds in the program of establishing and expanding community colleges, prior to repeal by .
A prior section 1135a–2, , as added , , ; amended , , ; , , , authorized appropriations for the Fund for the Improvement of Postsecondary Education, prior to repeal by , title VII, § 702, , , 1803, effective . See .
Another prior section 1135a–2, , as added , , , provided for establishment grants and defined the term “new community college”, prior to repeal by .
A prior section 1135a–3, , as added , , ; amended , , , 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 .
Another prior section 1135a–3 and prior sections 1135a–4 to 1135a–7 were repealed by , , , eff. .
Section 1135a–3, , as added , , ; amended , , , related to expansion grants.
Section 1135a–4, , as added , , , related to leasing of facilities.
Section 1135a–5, , as added , , , related to establishment and expansion grants.
Section 1135a–6, , as added , , , authorized payment to approved applicants.
Section 1135a–7, , as added , , ; amended , , , defined the term “community college”.
A prior section 1135a–11, , as added , , ; amended , , , authorized grants for special projects in areas of national need, prior to repeal by , title VII, § 702, , , 1803, effective . See .
### Amendments
2008—Subsec. (a). , inserted “, including a master’s or doctoral degree,” after “leading to a graduate degree”.
Subsec. (b). , 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.”