20 U.S.C. § 1067k

Definitions

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For the purpose of this part—(1) The term “accredited” means currently certified by a nationally recognized accrediting 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 Mexican, 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 enrollment of a single minority or a combination of minorities (as defined in paragraph (2)) exceeds 50 percent of the total enrollment. The Secretary shall verify this information from the data on enrollments in the higher education general information surveys (HEGIS) furnished by the institution to the Office for Civil Rights, Department of Education.(4) The term “science” means, for the purpose of this program, the biological, engineering, 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 activities for improving the preparation of minority students for careers in science.(7) The term “cooperative grant” means a grant that assists groups of nonprofit accredited 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 institutions; 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.(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 NotesCodification

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 “supports” for “support” in introductory provisions.

1998—Par. (4). Pub. L. 105–244, § 307(c), inserted “behavioral,” after “physical,”.

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 2005–2025 · leading case: United States Ex Rel. Burlbaw v. Orenduff, 548 F.3d 931 (10th Cir. 2008).

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United States Ex Rel. Burlbaw v. Orenduff, 548 F.3d 931 (10th Cir. 2008). · cites it 5× “§ 1135d-5(3) and, later, under 20 U.S.C. § 1067k. To the extent that this data was of limited relevance, or was simply incomplete, the DoE certainly had the discretion not to place NMSU on its minority-institution lists.”

United States Ex Rel. Burlbaw v. Orenduff, 400 F. Supp. 2d 1276 (D.N.M. 2005). “§ 2323 (a)(1)(C) (for DOD’s set-aside program purposes, MI is to be defined as it is in Higher Education Act); 20 U.S.C. § 1067k (3) (Secretary of Education is responsible for verifying MI enrollment information in order to classify an institution as an MI); 48 CFR §§ 226.”

Whittney Ford v. the Univ. of Texas at Austin (Tex. App. 2025). · cites it 4× “§ 5505 (c)(4)(C) states: “In awarding grants under this section, consideration shall be given to minority institutions, as defined by section 365 of the Higher Education Act of 1965 (20 U.S.C. § 1067k), or consortia that include such institutions that have demonstrated an…”

— 20 U.S.C. § 1067k(3) — 1 case

United States Ex Rel. Burlbaw v. Orenduff, 548 F.3d 931 (10th Cir. 2008). “§ 1135d-5(3) and, later, under 20 U.S.C. § 1067k. To the extent that this data was of limited relevance, or was simply incomplete, the DoE certainly had the discretion not to place NMSU on its minority-institution lists.”

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