Pub. L. 102-325, tit. III, sec. 302
AMENDMENTS TO PART A.
SEC. 302. AMENDMENTS TO PART A. (a) Eligible Institutions.— Section 312(b) of the Act (20 U.S.C. 1058(b)) is amended— (1) in paragraph (1)— (A) by inserting “and” after the semicolon at the end of subparagraph (D); (B) by striking subparagraph (E); (C) by redesignating subparagraph (F) as subparagraph (E); and (D) by inserting “and” after the semicolon at the end of subparagraph (E) (as redesignated in subparagraph (C)); (2) by striking the semicolon at the end of paragraph (2) and inserting a period; and (3) by striking paragraphs (3), (4), and (5). (b) Enrollment of Needy Students.— Section 312(c)(2) of the Act is amended by striking “second preceding fiscal year” and inserting “second fiscal year preceding the fiscal year for which the determination is made”. (c) Award Limitations.— Subsections (a) and (b) of section 313 of the Act (20 U.S.C. 1059 (a) and (b)) are amended to read as follows: “(a) Award Period.— The Secretary may award a grant to an eligible institution under this part for 5 years. “(b) Limitations.— In awarding grants under this part the Secretary shall give priority to applicants who are not already receiving a grant under this part. . (d) Program Goals and Hispanic-Serving Institutions Program.— (1) In general.— Part A of title III of the Act (20 U.S.C. 1057 et seq.) is further amended by inserting after section 314 the following new sections: 106 STAT. 473 “SEC. 815. GOALS FOR FINANCIAL MANAGEMENT AND ACADEMIC PROGRAM. “(a) Goals.— Any application for a grant under this part shall describe measurable goals for the institution’s financial management and academic programs, and include a plan of how the applicant intends to achieve those goals. “(b) Continuation Requirements.— Any continuation application shall demonstrate the progress made toward achievement of the goals described pursuant to subsection (a). “SEC. 316. HISPANIC-SERVING INSTITUTIONS. “(a) Program Authorized.— The Secretary shall provide grants and related assistance to Hispanic-serving institutions to enable such institutions to improve and expand their capacity to serve Hispanic and other low-income students. “(b) Definitions.— For the purpose of this section— “(1) the term ‘Hispanic-serving institution’ means an institution of higher education which— “(A) is an eligible institution under section 312(b); “(B) at the time of application, has an enrollment of undergraduate full-time equivalent students that is at least 25 percent Hispanic students; “(C) provides assurances that— “(i) not less than 50 percent of its Hispanic students are low-income individuals who are first generation college students; and “(ii) another 25 percent of its Hispanic students are either low-income individuals or first generation college students; “(2) the term ‘first generation college student’ means— “(A) an individual both of whose parents did not complete a baccalaureate degree; or “(B) in the case of any individual who regularly resided with and received support from only one parent, an individual whose only such parent did not complete a baccalaureate degree; and “(3) the term ‘low-income individual’ means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. “(c) Authorized Activities.— “(1) Types of activities authorized.— Grants awarded under this section shall be used by Hispanic-serving institutions of higher education to assist such institutions to plan, develop, undertake, and carry out programs. Such programs may include— “(A) purchase, rental, or lease of scientific or laboratory equipment for educational purposes, including instructional and research purposes; “(B) renovation and improvement in classroom, library, laboratory, and other instructional facilities; “(C) support of faculty exchanges, and faculty development and faculty fellowships to assist in attaining advanced degrees in their field of instruction; “(D) curriculum development and academic instruction; 106 STAT. 474 “(E) purchase of library books, periodicals, microfilm, and other educational materials; “(F) funds and administrative management, and acquisition of equipment for use in strengthening funds management; “(G) joint use of facilities such as laboratories and libraries; and “(H) academic tutoring and counseling programs and student support services. “(d) Application Process.— “(1) Institutional eligibility.— Each Hispanic-serving institution desiring to receive assistance under this Act shall submit to the Secretary such enrollment data as may be necessary to demonstrate that it is a Hispanic-serving institution as defined in paragraph (1) of subsection (b), along with such other information and data as the Secretary may by regulation require. “(2) Applications.— Any institution which is determined by the Secretary to be a Hispanic-serving institution (on the basis of the information and data submitted under paragraph (1)) may submit an application for assistance under this section to the Secretary. Such application shall include— “(A) a 5-year plan for improving the assistance provided by the Hispanic-serving institution to Hispanic and other low-income students; and “(B) such other information and assurance as the Secretary may require. “(3) Priority.— The Secretary shall give priority to applications that contain satisfactory evidence that such institution has entered into or will enter into a collaborative arrangement with at least one local educational agency to provide such agency with assistance (from funds other than funds provided under this part) in reducing Hispanic dropout rates, improving Hispanic rates of academic achievement, and increasing the rates at which Hispanic high school graduates enroll in higher education. “(e) Special Rule.— For the purposes of this section, no Hispanic-serving college or university which is eligible for and receives funds under this section may concurrently receive other funds under this part or part B.”.