[Federal Register Volume 65, Number 31 (Tuesday, February 15, 2000)]
[Rules and Regulations]
[Pages 7674-7675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3329]



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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

  Federal Register / Vol. 65, No. 31 / Tuesday, February 15, 2000 / 
Rules and Regulations  

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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 [email protected]. 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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