20 U.S.C. § 1067a — Purpose; authority

Page 310 TITLE 20—EDUCATION § 1066g tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter- minate not later than the expiration of the 2-year pe- riod beginning on the date of their establishment, un- less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab- lished by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Govern- ment Organization and Employees. § 1066g. Minority business enterprise utilization In the performance of and with respect to the Secretary’s effectuation of his responsibilities under section 1066d(1) of this title and to the maximum extent feasible in the implementation of the purposes of this part, minority business persons, including bond underwriters and credit enhancers, bond counsel, marketers, account- ants, advisors, construction contractors, and managers should be utilized. (Pub. L. 89–329, title III, § 348, formerly title VII, § 728, as added Pub. L. 102–325, title VII, § 704, July 23, 1992, 106 Stat. 747; renumbered title III, § 348, and amended Pub. L. 105–244, title III, § 301(a)(3), (4), (c)(7), Oct. 7, 1998, 112 Stat. 1636, 1637.) Editorial Notes CODIFICATION Section was formerly classified to section 1132c–7 of this title prior to renumbering by Pub. L. 105–244. AMENDMENTS 1998—Pub. L. 105–244, § 301(c)(7), substituted ‘‘section 1066d(1)’’ for ‘‘section 1132c–4(1)’’. 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. PART E—MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM SUBPART 1—MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM Editorial Notes CODIFICATION Pub. L. 105–244, title III, §§ 301(a)(5), 307(d), Oct. 7, 1998, 112 Stat. 1636, 1648, redesignated subpart 1 (§ 1135b et seq.) of part B of subchapter X of this chapter as sub- part 1 of part E of subchapter III of this chapter and in- serted ‘‘AND ENGINEERING’’ before ‘‘IMPROVEMENT PRO- GRAM’’ in heading. § 1067. Findings Congress makes the following findings: (1) It is incumbent on the Federal Govern- ment to support the technological and eco- nomic competitiveness of the United States by improving and expanding the scientific and technological capacity of the United States. More and better prepared scientists, engineers, and technical experts are needed to improve and expand such capacity. (2) As the Nation’s population becomes more diverse, it is important that the educational and training needs of all Americans are met. Underrepresentation of minorities in science and technological fields diminishes our Na- tion’s competitiveness by impairing the quan- tity of well prepared scientists, engineers, and technical experts in these fields. (3) Despite significant limitations in re- sources, minority institutions provide an im- portant educational opportunity for minority students, particularly in science and engineer- ing fields. Aid to minority institutions is a good way to address the underrepresentation of minorities in science and technological fields. (4) There is a strong Federal interest in im- proving science and engineering programs at minority institutions as such programs lag be- hind in program offerings and in student en- rollment compared to such programs at other institutions of higher education. (Pub. L. 89–329, title III, § 350, as added Pub. L. 105–244, title III, § 307(a), Oct. 7, 1998, 112 Stat. 1647.) Editorial Notes PRIOR PROVISIONS A prior section 1067, Pub. L. 89–329, title III, § 352, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1304, and amended, which related to waiver au- thority and reporting requirement, was renumbered section 392 of Pub. L. 89–329 by Pub. L. 105–244, title III, § 301(a)(2), Oct. 7, 1998, 112 Stat. 1636, and transferred to section 1068a of this title. Another prior section 1067, Pub. L. 89–329, title III, § 342, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1398, set waiver authority and reporting re- quirements for this part, prior to the general amend- ment of this subchapter by Pub. L. 99–498. Another prior section 1067, Pub. L. 89–329, title IV, § 407, Nov. 8, 1965, 79 Stat. 1234; Pub. L. 90–575, title I, §§ 101(b)(2), 103, 104, Oct. 16, 1968, 82 Stat. 1017, 1018, re- lated to agreements with institutions, required provi- sions and use of funds as additional Federal capital contribution for student loan fund, prior to the general amendment of part A of subchapter IV of this chapter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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. § 1067a. Purpose; authority (a) Congressional declaration of purpose It is the purpose of this subpart to continue the authority of the Department to operate the Minority Institutions Science Improvement Pro- gram created under section 1862(a)(1) of title 42 and transferred to the Department by section 3444(a)(1) of this title. (b) Grant authority The Secretary shall, in accordance with the provisions of this subpart, carry out a program Page 311 TITLE 20—EDUCATION § 1067c of making grants to institutions of higher edu- cation that are designed to effect long-range im- provement in science and engineering education at predominantly minority institutions and to increase the participation of underrepresented ethnic minorities, particularly minority women, in scientific and technological careers. (Pub. L. 89–329, title III, § 351, formerly title X, § 1021, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1561; amended Pub. L. 102–325, title X, § 1002(a), July 23, 1992, 106 Stat. 780; re- numbered title III, § 351, Pub. L. 105–244, title III, § 301(a)(5), (7), Oct. 7, 1998, 112 Stat. 1636; Pub. L. 111–39, title III, § 301(5), July 1, 2009, 123 Stat. 1937.) Editorial Notes CODIFICATION Section was formerly classified to section 1135b of this title prior to renumbering by Pub. L. 105–244. PRIOR PROVISIONS A prior section 351 of Pub. L. 89–329 was renumbered section 391 and is classified to section 1068 of this title. AMENDMENTS 2009—Subsec. (a). Pub. L. 111–39 made technical amendment to reference in original act which appears in text as reference to section 3444(a)(1) of this title. 1992—Subsec. (b). Pub. L. 102–325 inserted ‘‘, particularly minority women,’’ after ‘‘ethnic mi- norities’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. 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. § 1067b. Grant recipient selection (a) Establishment of criteria Grants under this subpart shall be awarded on the basis of criteria established by the Secretary by regulations. (b) Priorities to be given in criteria In establishing criteria under subsection (a), the Secretary shall give priority to applicants which have not previously received funding from the Minority Institutions Science Improvement Program and to previous grantees with a proven record of success, as well as to applications that contribute to achieving balance among projects with respect to geographic region, academic dis- cipline, and project type. (c) Required criteria In establishing criteria under subsection (a), the Secretary may consider the following selec- tion criteria in making grants: (1) plan of operation; (2) quality of key personnel; (3) budget and cost effectiveness; (4) evaluation plan; (5) adequacy of resources; (6) identification of need for the project; (7) potential institutional impact of the project; (8) institutional commitment to the project; (9) expected outcomes; and (10) scientific and educational value of the proposed project. (Pub. L. 89–329, title III, § 352, formerly title X, § 1022, as added Pub. L. 99–498, title X, § 1002, Oct. 17, 1986, 100 Stat. 1561; renumbered title III, § 352, 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 1135b–1 of this title prior to renumbering by Pub. L. 105–244. PRIOR PROVISIONS A prior section 352 of Pub. L. 89–329 was renumbered section 392 and is classified to section 1068a of this title. § 1067c. Use of funds (a) Types of grants Funds appropriated to carry out this subpart may be made available as— (1) institutional grants (as defined in section 1067k(6) of this title); (2) cooperative grants (as defined in section 1067k(7) of this title); (3) design projects (as defined in section 1067k(8) of this title); or (4) special projects (as defined in section 1067k(9) of this title). (b) Authorized uses for each type of grant (1) The authorized uses of funds made avail- able as institutional grants include (but are not limited to)— (A) faculty development programs; or (B) development of curriculum materials. (2) The authorized uses of funds made avail- able as cooperative grants include (but are not limited to)— (A) assisting institutions in sharing facili- ties and personnel; (B) disseminating information about estab- lished programs in science and engineering; (C) supporting cooperative efforts to strengthen the institutions’ science and engi- neering programs; or (D) carrying out a combination of any of the activities in subparagraphs (A) through (C). (3) The authorized uses of funds made avail- able as design projects include (but are not lim- ited to)— (A) developing planning, management, and evaluation systems; or (B) developing plans for initiating scientific research and for improving institutions’ capa- bilities for such activities. Funds used for design project grants may not be used to pay more than 50 percent of the salaries during any academic year of faculty members involved in the project. (4) The authorized uses of funds made avail- able as special projects include (but are not lim- ited to)—