20 U.S.C. § 1067h — Grant application

Page 314 TITLE 20—EDUCATION § 1067h (4) consortia of organizations, that provide needed services to one or more minority insti- tutions, the membership of which may in- clude— (A) public and private nonprofit institu- tions of higher education which have a cur- riculum in science or engineering; (B) institutions of higher education that have a graduate or professional program in science or engineering; (C) research laboratories of, or under con- tract with, the Department of Energy, the Department of Defense, or the National In- stitutes of Health; (D) relevant offices of the National Aero- nautics and Space Administration, National Oceanic and Atmospheric Administration, National Science Foundation, and National Institute of Standards and Technology; (E) quasi-governmental entities that have a significant scientific or engineering mis- sion; or (F) institutions of higher education that have State-sponsored centers for research in science, technology, engineering, and mathe- matics; or (5) only with respect to grants under subpart 2, partnerships of organizations, the member- ship of which shall include— (A) at least one institution of higher edu- cation eligible for assistance under this sub- chapter or subchapter V; (B) at least one high-need local edu- cational agency (as defined in section 1021 of this title); and (C) at least two community organizations or entities, such as businesses, professional associations, community-based organiza- tions, philanthropic organizations, or State agencies. (Pub. L. 89–329, title III, § 361, formerly title X, § 1041, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, § 361, and amended Pub. L. 105–244, title III, §§ 301(a)(5), (7), (b), (c)(9), 307(b), Oct. 7, 1998, 112 Stat. 1636, 1637, 1648; Pub. L. 110–315, title III, § 315(b), Aug. 14, 2008, 122 Stat. 3184.) Editorial Notes CODIFICATION Section was formerly classified to section 1135d of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 2008—Par. (3)(B). Pub. L. 110–315, § 315(b)(1), struck out ‘‘or’’ at end. Par. (4)(A). Pub. L. 110–315, § 315(b)(2)(A), substituted ‘‘public and private nonprofit institutions of higher education’’ for ‘‘institutions of higher education’’. Par. (4)(C). Pub. L. 110–315, § 315(b)(2)(B), inserted ‘‘, the Department of Defense, or the National Insti- tutes of Health’’ before the semicolon. Par. (4)(D). Pub. L. 110–315, § 315(b)(2)(C), added sub- par. (D) and struck out former subpar. (D) which read as follows: ‘‘private organizations that have science or engineering facilities; or’’. Par. (4)(F). Pub. L. 110–315, § 315(b)(2)(D), (E), added subpar. (F). Par. (5). Pub. L. 110–315, § 315(b)(3), added par. (5). 1998—Pub. L. 105–244, § 307(b), amended section catch- line and text generally. Prior to amendment, text read as follows: ‘‘Eligibility to receive grants under this part is limited to— ‘‘(1) public and private nonprofit institutions that are minority institutions (as defined in section 1067k(3) of this title); and ‘‘(2) nonprofit science-oriented organizations, pro- fessional scientific societies, and all nonprofit, ac- credited colleges and universities which provide a needed service to a group of eligible minority institu- tions or which provide in-service training for project directors, scientists, and engineers from eligible mi- nority institutions.’’ Par. (1). Pub. L. 105–244, § 301(c)(9), substituted ‘‘sec- tion 1067k(3)’’ for ‘‘section 1135d–5(3)’’. Pub. L. 105–244, § 301(b)(1), inserted ‘‘and’’ after the semicolon. Par. (2). Pub. L. 105–244, § 301(b)(2), substituted a pe- riod for ‘‘; and’’. Par. (3). Pub. L. 105–244, § 301(b)(3), struck out par. (3) which read as follows: ‘‘for the purposes of section 1135c–1 of this title, public and private nonprofit insti- tutions that have at least 10 percent minority enroll- ment.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 1067h. Grant application (a) Submission and contents of applications An eligible applicant (as determined under section 1067g of this title) that desires to receive a grant under this part shall submit to the Sec- retary an application therefor at such time or times, in such manner, and containing such in- formation as the Secretary may prescribe by regulation. Such application shall set forth— (1) a program of activities for carrying out one or more of the purposes described in sec- tion 1067a(b) of this title in such detail as will enable the Secretary to determine the degree to which such program will accomplish such purpose or purposes; and (2) such other policies, procedures, and as- surances as the Secretary may require by reg- ulation. (b) Approval based on likelihood of progress The Secretary shall approve an application only if the Secretary determines that the appli- cation sets forth a program of activities which are likely to make substantial progress toward achieving the purposes of this part. (Pub. L. 89–329, title III, § 362, formerly title X, § 1042, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, § 362, and amended Pub. L. 105–244, title III, § 301(a)(5), (7), (c)(10), Oct. 7, 1998, 112 Stat. 1636, 1637.) Editorial Notes CODIFICATION Section was formerly classified to section 1135d–1 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–244, § 301(c)(10), sub- stituted ‘‘section 1067g’’ for ‘‘section 1135d’’ in introduc- tory provisions and ‘‘section 1067a(b)’’ for ‘‘section 1135b(b)’’ in par. (1). Page 315 TITLE 20—EDUCATION § 1067k Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. § 1067i. Cross program and cross agency coopera- tion The Minority Science and Engineering Im- provement Programs shall cooperate and con- sult with other programs within the Department and within Federal, State, and private agencies which carry out programs to improve the qual- ity of science, mathematics, and engineering education. (Pub. L. 89–329, title III, § 363, formerly title X, § 1043, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; amended Pub. L. 102–325, title X, § 1002(d), July 23, 1992, 106 Stat. 780; re- numbered title III, § 363, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.) Editorial Notes CODIFICATION Section was formerly classified to section 1135d–2 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 1992—Pub. L. 102–325 inserted ‘‘and consult’’ after ‘‘co- operate’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title. § 1067j. Administrative provisions (a) Technical staff The Secretary shall appoint, without regard to the provisions of title 5 governing appointments in the competitive service, not less than 2 tech- nical employees with appropriate scientific and educational background to administer the pro- grams under this part who may be paid without regard to the provisions of chapter 51 and sub- chapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (b) Procedures for grant review The Secretary shall establish procedures for reviewing and evaluating grants and contracts made or entered into under such programs. Pro- cedures for reviewing grant applications, based on the peer review system, or contracts for fi- nancial assistance under this subchapter may not be subject to any review outside of officials responsible for the administration of the Minor- ity Science and Engineering Improvement Pro- grams. (Pub. L. 89–329, title III, § 364, formerly title X, § 1044, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1564; renumbered title III, § 364, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636.) Editorial Notes CODIFICATION Section was formerly classified to section 1135d–3 of this title prior to renumbering by Pub. L. 105–244. § 1067k. Definitions For the purpose of this part— (1) The term ‘‘accredited’’ means currently certified by a nationally recognized accred- iting agency or making satisfactory progress toward achieving accreditation. (2) The term ‘‘minority’’ means American Indian, Alaskan Native, Black (not of Hispanic origin), Hispanic (including persons of Mexi- can, Puerto Rican, Cuban, and Central or South American origin), Pacific Islander or other ethnic group underrepresented in science and engineering. (3) The term ‘‘minority institution’’ means an institution of higher education whose en- rollment of a single minority or a combination of minorities (as defined in paragraph (2)) ex- ceeds 50 percent of the total enrollment. The Secretary shall verify this information from the data on enrollments in the higher edu- cation general information surveys (HEGIS) furnished by the institution to the Office for Civil Rights, Department of Education. (4) The term ‘‘science’’ means, for the pur- pose of this program, the biological, engineer- ing, mathematical, physical, behavioral, and social sciences, and history and philosophy of science; also included are interdisciplinary fields which are comprised of overlapping areas among two or more sciences. (5) The term ‘‘underrepresented in science and engineering’’ means a minority group whose number of scientists and engineers per 10,000 population of that group is substantially below the comparable figure for scientists and engineers who are white and not of Hispanic origin. (6) The term ‘‘institutional grant’’ means a grant that supports the implementation of a comprehensive science improvement plan, which may include any combination of activi- ties for improving the preparation of minority students for careers in science. (7) The term ‘‘cooperative grant’’ means a grant that assists groups of nonprofit accred- ited colleges and universities to work together to conduct a science improvement program. (8) The term ‘‘design projects’’ means projects that assist minority institutions that do not have their own appropriate resources or personnel to plan and develop long-range science improvement programs. (9) The term ‘‘special projects’’ means— (A) a special project grant to a minority institution which supports activities that— (i) improve the quality of training in science and engineering at minority insti- tutions; or (ii) enhance the minority institutions’ general scientific research capabilities; or (B) a special project grant to any eligible applicant which supports activities that— (i) provide a needed service to a group of eligible minority institutions; or (ii) provide in-service training for project directors, scientists, and engineers from eligible minority institutions.