### §1067g. Eligibility for grants

Eligibility to receive grants under this part is limited to—

(1) public and private nonprofit institutions of higher education that—

(A) award baccalaureate degrees; and

(B) are minority institutions;

(2) public or private nonprofit institutions of higher education that—

(A) award associate degrees; and

(B) are minority institutions that—

(i) have a curriculum that includes science or engineering subjects; and

(ii) enter into a partnership with public or private nonprofit institutions of higher education that award baccalaureate degrees in science and engineering;

(3) nonprofit science-oriented organizations, professional scientific societies, and institutions of higher education that award baccalaureate degrees, that—

(A) provide a needed service to a group of minority institutions; or

(B) provide in-service training for project directors, scientists, and engineers from minority institutions;

(4) consortia of organizations, that provide needed services to one or more minority institutions, the membership of which may include—

(A) public and private nonprofit institutions of higher education which have a curriculum 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 contract with, the Department of Energy, the Department of Defense, or the National Institutes of Health;

(D) relevant offices of the National Aeronautics 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 mission; or

(F) institutions of higher education that have State-sponsored centers for research in science, technology, engineering, and mathematics; or

(5) only with respect to grants under subpart 2, partnerships of organizations, the membership of which shall include—

(A) at least one institution of higher education eligible for assistance under this subchapter or subchapter V;

(B) at least one high-need local educational 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 organizations, 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 Institutes of Health" before the semicolon.

Par. (4)(D). Pub. L. 110–315, §315(b)(2)(C), added subpar. (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 catchline 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, professional scientific societies, and all nonprofit, accredited colleges and universities which provide a needed service to a group of eligible minority institutions or which provide in-service training for project directors, scientists, and engineers from eligible minority institutions."

Par. (1). Pub. L. 105–244, §301(c)(9), substituted "section 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 period 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 institutions that have at least 10 percent minority enrollment."

#### **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 section 3 of Pub. L. 105–244, set out as a note under section 1001 of this title.