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

(a) Program authorizedSubject to the availability of funds appropriated to carry out this part, the Secretary shall 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) EligibilityFor 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.