[Federal Register: February 15, 2000 (Volume 65, Number 31)]
[Rules and Regulations]
[Page 7673-7675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe00-17]

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Part IV

Department of Education

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34 CFR Part 637

Minority Science and Engineering Improvement Program; Final Rule and
Notice

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DEPARTMENT OF EDUCATION

34 CFR Part 637


Minority Science and Engineering Improvement Program

AGENCY: Department of Education.

ACTION: Final regulations.

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SUMMARY: We amend the regulations governing the Minority Science and
Engineering Improvement Program (MSEIP) to conform them to statutory
changes made to this program by the Higher Education Amendments of 1998
(1998 Amendments). These revisions make the regulations consistent with
the applicable statutory provisions.

EFFECTIVE DATES: These regulations are effective March 16, 2000.

FOR FURTHER INFORMATION CONTACT: Deborah Newkirk, U.S. Department of
Education, 1990 K Street, NW, 6th Floor, Washington, DC 20006-8512.
Telephone: (202) 502-7591 or e-mail address deborah__newkirk@ed.gov. If
you use a telecommunication device for the deaf (TDD), you may call the
Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audio tape or computer
diskette) on request to the contact person listed in the preceding
paragraph.

SUPPLEMENTARY INFORMATION: The MSEIP is now authorized under Title III,
Part E of the Higher Education Act of 1965, as amended (HEA). However,
prior to the 1998 Amendments (Pub. L. 105-244), it was authorized under
Title X of the HEA.
    The 1998 Amendments made several other changes to the HEA with
regard to MSEIP that require conforming changes to the program
regulations. These statutory amendments incorporated in the regulations
in part 637 include:
    * Requiring two-year minority institutions to partner with
four-year institutions;
    * Expanding the definition eligible institutions; and
    * Including behavioral sciences in the definition of science
programs.

Waiver of Proposed Rulemaking

    It is the practice of the Secretary to offer interested parties the
opportunity to comment on proposed regulations in accordance with the
Administrative Procedure Act (5 U.S.C. 553). However, since these
changes merely incorporate statutory amendments into the regulations
and do not implement substantive policy, public comment could have no
effect. Therefore, the Secretary has determined pursuant to 5 U.S.C.
553(b)(B) that public comment on the regulations is unnecessary and
contrary to the public interest.

Regulatory Flexibility Act Certification

    The Secretary certifies that these regulations would not have a
significant economic impact on a substantial number of small entities.
The small entities affected would be small minority institutions of
higher education. These regulations would not have a significant
economic impact on any of the institutions affected because they do not
make any substantive changes to the existing regulations but only
conform them to current statutory provisions.

Paperwork Reduction Act of 1995

    These regulations do not contain any information collection
requirements.

Intergovernmental Review

    This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local government for coordination and review of proposed Federal
financial assistance.
    In accordance with the order, we intend this document to provide
early notification of the Department's specific plans and actions for
this program.

Assessment of Education Impact

    Based on our own review, we have determined that these final
regulations do not require transmission of information that any other
agency or authority of the United States gathers or makes available.

Electronic Access to This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

To use the PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC
area at (202) 512-1530.

    Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://
www.access.gpo.gov/nara/index.html.

(Catalog of Federal Domestic Assistance Number 84.120A)

List of Subjects in 34 CFR Part 637

    Colleges and universities, Grant programs-education, Reporting and
recordkeeping requirements.

    Dated: February 8, 2000.
A. Lee Fritschler,
Assistant Secretary for Postsecondary Education.

    For the reasons discussed in the preamble, the Secretary amends
Title 34 of the Code of Federal regulations by revising part 637 as
follows:
    1. The title of Part 637 is revised to read as follows:

PART 637--MINORITY SCIENCE AND ENGINEERING IMPROVEMENT PROGRAM

    2. The authority citation for part 637 is revised to read as
follows:

    Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, and 1068b,
unless otherwise noted.

    3. Section 637.1 is revised to read as follows:

Sec. 637.1  What is the Minority Science and Engineering Improvement
Program (MSEIP)?

    The Minority Science and Engineering Improvement Program (MSEIP) is
designed to effect long-range improvement in science and engineering
education at predominantly minority institutions, and to increase the
flow of underrepresented ethnic minorities, particularly minority
women, into scientific and technological careers.

(Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, and 1068b,
unless otherwise noted)

    4. Section 637.2 is revised to read as follows:

Sec. 637.2  Who is eligible to receive a grant?

    The following are eligible to receive a grant under this part:
    (a) Public and private nonprofit institutions of higher education
that--
    (1) Award baccalaureate degrees; and
    (2) Qualify as minority institutions as defined in Sec. 637.4.
    (b) Public or private nonprofit institutions of higher education
that--
    (1) Award associate degrees;
    (2) Qualify as minority institutions as defined in Sec. 637.4;
    (3) Have a curriculum that includes science or engineering
subjects; and
    (4) Enter into a partnership with public or private nonprofit
institutions

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of higher education that award baccalaureate degrees in science and
engineering.
    (c) Nonprofit science-oriented organizations, professional
scientific societies, and institutions of higher education that award
baccalaureate degrees that--
    (1) Provide a needed service to a group of minority institutions;
or
    (2) Provide in-service training to project directors, scientists,
and engineers from minority institutions; or
    (d) A consortia of organizations, that provide needed services to
one or more minority institutions. The consortia membership may
include--
    (1) Institutions of higher education which have a curriculum in
science or engineering;
    (2) Institutions of higher education that have a graduate or
professional program in science or engineering;
    (3) Research laboratories of, or under the contract with, the
Department of Energy;
    (4) Private organizations that have science or engineering
facilities; or
    (5) Quasi-governmental entities that have a significant scientific
or engineering mission.

(Authority: 20 U.S.C. 1067g)

    5. Section 637.3 is amended by revising the authority citation to
read as set forth below; and by adding ``and Engineering'' after the
word ``Science'' in the heading and undesignated introductory text.

Sec. 637.3  What regulations apply to the Minority Science and
Engineering Improvement Program?

* * * * *
(Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, and 1068b,
unless otherwise noted)

    6. Section 637.4 is amended by revising the authority citation to
read as set forth below; by adding ``and Engineering'' after the word
``Science'' in the heading; and by adding the word ``behavioral'' after
``physical,'' in the definition of the term ``Science'' in paragraph
(b).

Sec. 637.4  What definitions apply to the Minority Science and
Engineering Improvement Program?

* * * * *
(Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, and 1068b,
unless otherwise noted)

Secs. 637.11-637.15,  637.31, 637.32, 637.41 [Amended]

    7. The authority citations for Secs. 637.11-637.15, 637.31, 637.32,
and 637.41 are amended to read as follows:

(Authority: 20 U.S.C. 1067-1067c, 1067g-1067k, 1068, and 1068b,
unless otherwise noted)

[FR Doc. 00-3329 Filed 2-14-00; 8:45 am]
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