20 U.S.C. § 1102a — Program authority and eligibility

(a) Program authorized Subject to the availability of funds appropriated to carry out this part, the Secretary must award grants, on a competitive basis, to eligible institutions to enable the eligible institutions to carry out the authorized activities described in section 1102b of this title . (b) Eligibility For the purposes of this part, an “eligible institution” means an institution of higher education that— (1) is a Hispanic-serving institution (as defined in section 1101a of this title ); and (2) offers a postbaccalaureate certificate or postbaccalaureate degree granting program.