20 U.S.C. § 1067k — Definitions

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. Page 316 TITLE 20—EDUCATION § 1067l 1 So in original. Probably should not be capitalized. (Pub. L. 89–329, title III, § 365, formerly title X, § 1046, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1566; renumbered title III, § 365, and amended Pub. L. 105–244, title III, §§ 301(a)(5), (7), 307(c), Oct. 7, 1998, 112 Stat. 1636, 1648; Pub. L. 110–315, title III, § 320(3), Aug. 14, 2008, 122 Stat. 3187.) Editorial Notes CODIFICATION Section was formerly classified to section 1135d–5 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 2008—Par. (9)(A). Pub. L. 110–315 substituted ‘‘sup- ports’’ for ‘‘support’’ in introductory provisions. 1998—Par. (4). Pub. L. 105–244, § 307(c), inserted ‘‘be- havioral,’’ after ‘‘physical,’’. 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. § 1067l. Repealed. Pub. L. 105–244, title III, § 301(a)(8), Oct. 7, 1998, 112 Stat. 1636 Section, Pub. L. 89–329, title III, § 366, formerly title X, § 1047, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1567; amended Pub. L. 100–418, title VI, § 6221, Aug. 23, 1988, 102 Stat. 1518; Pub. L. 102–325, title X, § 1002(f), July 23, 1992, 106 Stat. 780; renumbered title III, § 366, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636, authorized appropriations to carry out Fund for Improvement of Postsecondary Education program. Editorial Notes CODIFICATION Section was formerly classified to section 1135d–6 of this title prior to renumbering by Pub. L. 105–244. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1998, except as otherwise pro- vided in Pub. L. 105–244, see section 3 of Pub. L. 105–244, set out as an Effective Date of 1998 Amendment note under section 1001 of this title. PART F—STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MI- NORITY-SERVING INSTITUTIONS Editorial Notes CODIFICATION Part F of title III of Pub. L. 89–329, comprising this part, was originally added as part J of title IV of Pub. L. 89–329 by Pub. L. 110–84, title VIII, § 802, Sept. 27, 2007, 121 Stat. 817, and was classified to part I (§ 1099e) of sub- chapter IV of this chapter. Part J of title IV of Pub. L. 89–329 was subsequently redesignated part F of title III of Pub. L. 89–329 by Pub. L. 110–315, title III, § 316(a)(2), Aug. 14, 2008, 122 Stat. 3185, and transferred to this part. PRIOR PROVISIONS A prior part F [§ 1068 et seq.] of this subchapter was redesignated part G by Pub. L. 110–315, title III, § 316(a)(1), Aug. 14, 2008, 122 Stat. 3185. § 1067q. Investment in historically Black colleges and universities and other minority-serving institutions (a) Eligible institution An institution of higher education is eligible to receive funds from the amounts made avail- able under this section if such institution is— (1) a part B institution (as defined in section 1061 of this title); (2) a Hispanic-serving institution (as defined in section 1101a of this title); (3) a Tribal College or University (as defined in section 1059c of this title); (4) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as de- fined in section 1059d(b) of this title); (5) a Predominantly Black Institution (as defined in subsection (c)); (6) an Asian American and Native American Pacific Islander-serving institution (as defined in subsection (c)); or (7) a Native American-serving nontribal in- stitution (as defined in subsection (c)). (b) New investment of funds (1) In general (A) Provision of funds There shall be available to the Secretary to carry out this section, from funds in the Treasury not otherwise appropriated, $255,000,000 for fiscal year 2020 and each fiscal year thereafter. (B) Availability Funds made available under subparagraph (A) for a fiscal year shall remain available for the next succeeding fiscal year. (2) Allocation and allotment (A) In general Of the amounts made available under para- graph (1) for each fiscal year— (i) $100,000,000 shall be available for allo- cation under subparagraph (B); (ii) $100,000,000 shall be available for allo- cation under subparagraph (C); and (iii) $55,000,000 shall be available for allo- cation under subparagraph (D). (B) HSI STEM and articulation programs The amount made available for allocation under this subparagraph by subparagraph (A)(i) for any fiscal year shall be available for Hispanic-serving Institutions 1 for activi- ties described in section 1101b of this title, with a priority given to applications that propose— (i) to increase the number of Hispanic and other low income students attaining degrees in the fields of science, tech- nology, engineering, or mathematics; and (ii) to develop model transfer and articu- lation agreements between 2-year His- panic-serving institutions and 4-year insti- tutions in such fields. (C) Allocation and allotment HBCUs and PBIs From the amount made available for allo- cation under this subparagraph by subpara- graph (A)(ii) for any fiscal year—