CHAPTER 305 —UNIVERSITIES
Editorial Notes
Codification
Statutory Notes and Related Subsidiaries
Support for Protection of Sensitive Research Performed on Behalf of the Department of Defense
"(a)
"(b)
"(1) conducting effective due diligence in vetting visiting scholars;
"(2) assisting institutions in meeting applicable research security requirements, including through the use of common procedures and practices and shared infrastructure, as appropriate;
"(3) providing training to employees and offices of the institution that have responsibilities relating to research security; and
"(4) providing advice and assistance to institutions in establishing and maintaining research security programs.
"(c)
"(1) Geographic diversity and the extent to which the entity is able to maximize coverage of different regions of the United States.
"(2) Any ratings of the entity made by the Defense Counterintelligence and Security Agency as part of the Agency's annual security vulnerability assessment ratings.
"(3) Whether and to what extent the entity uses best practices for research security as outlined by the National Institute of Standards and Technology.
"(4) The entity's demonstrated excellence in security programs, including receipt of awards for excellence in counterintelligence and outstanding achievement in industrial security.
"(d)
"(e)
"(1) identifies each eligible entity with which the Secretary entered into a contract or other agreement under such subsection; and
"(2) evaluates the performance of the entity.
"(f)
"(1) an entity the Secretary of Defense determines to be eligible to participate in the activities authorized under this section; or
"(2) a consortium composed of two or more such entities."
Support to Covered Educational Institutions
"(f)
"(1)
"(2)
"(A) Developing the capability, including workforce and research infrastructure capabilities, for covered educational institutions to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities.
"(B) Improving the capability of covered educational institutions to—
"(i) recruit and retain research faculty;
"(ii) participate in appropriate personnel exchange programs; and
"(iii) participate in appropriate educational and career development activities.
"(C) Any other purposes the Under Secretary determines appropriate for enhancing the engineering, applied research, commercialization, and development capabilities of covered educational institutions.
"(g)
"(1)
"(A) a mining, metallurgical, geological, or mineral engineering program—
"(i) accredited by a non-governmental organization that accredits post-secondary education programs in applied and natural science, engineering technology, and computing; and
"(ii) located at an institution of higher education; or
"(B) any other post-secondary educational institution with a geology or engineering program or department that has experience in mining research or work with the mining industry.
"(2)
"(3)
Infrastructure To Support Research, Development, Test, and Evaluation Missions
"(a)
"(b)
"(1) A summary of deficiencies in the infrastructure, by location, and the effect of the deficiencies on the ability of the Department—
"(A) to meet current and future military requirements identified in the National Defense Strategy;
"(B) to support science and technology development and acquisition programs; and
"(C) to recruit and train qualified personnel.
"(2) A summary of existing and emerging military research, development, test, and evaluation mission areas, by location, that require modernization investments in the infrastructure—
"(A) to improve operations in a manner that may benefit all users;
"(B) to enhance the overall capabilities of the research, development, test, and evaluation infrastructure, including facilities and resources;
"(C) to improve safety for personnel and facilities; and
"(D) to reduce the long-term cost of operation and maintenance.
"(3) Identification of specific infrastructure projects that are required to address the infrastructure deficiencies identified under paragraph (1) or to support the existing and emerging mission areas identified under paragraph (2).
"(4) For each project identified under paragraph (3)—
"(A) a description of the scope of work;
"(B) a cost estimate;
"(C) a summary of the plan for the project;
"(D) an explanation of the level of priority that will be given to the project; and
"(E) a schedule of required infrastructure investments.
"(5) A description of how the Department, including each military department concerned, will carry out the infrastructure projects identified in paragraph (3) using the range of authorities and methods available to the Department, including—
"(A) military construction authority under
"(B) unspecified minor military construction authority under section 2805(a) of such title;
"(C) laboratory revitalization authority under section 2805(d) of such title;
"(D) the authority to carry out facility repair projects, including the conversion of existing facilities, under section 2811 of such title;
"(E) the authority provided under the Defense Laboratory Modernization Pilot Program under section 2803 of the National Defense Authorization Act for Fiscal Year 2016 (
"(F) methods that leverage funding from entities outside the Department, including public-private partnerships, enhanced use leases and real property exchanges;
"(G) the authority to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation, under
"(H) any other authorities and methods determined to be appropriate by the Secretary of Defense.
"(6) Identification of any regulatory or policy barriers to the effective and efficient implementation of the master plan.
"(c)
"(1) consult with existing and anticipated customers and users of the capabilities of the Major Range and Test Facility Base and science and technology reinvention laboratories;
"(2) ensure consistency with the science and technology roadmaps and strategies of the Department of Defense and the Armed Forces; and
"(3) ensure consistency with the strategic plan for test and evaluation resources required by
"(d)
"(e)
"(1) the science and technology reinvention laboratories (as designated under
"(2) the Major Range and Test Facility Base (as defined in
"(3) other facilities that support the research development, test, and evaluation activities of the Department."
Pilot Program for the Enhancement of the Research, Development, Test, and Evaluation Centers of the Department of Defense
"(a)
"(1)
"(2)
"(A) the science and technology reinvention laboratories, as designated under
"(B) the test and evaluation centers which are activities specified as part of the Major Range and Test Facility Base in Department of Defense Directive 3200.11; and
"(C) the Defense Advanced Research Projects Agency.
"(b)
"(1)
"(A) the Defense Advanced Research Projects Agency; and
"(B) in accordance with paragraph (2)—
"(i) five additional eligible centers described in subparagraph (A) of subsection (a)(2) from each of the military departments; and
"(ii) five additional eligible centers described in subparagraph (B) of such subsection from each of the military departments.
"(2)
"(B) Not later than 120 days after the date of such submittal, each appropriate reviewer shall—
"(i) evaluate each application received under subparagraph (A); and
"(ii) approve or disapprove of the application.
"(C) If the head of an eligible center submits an application under subparagraph (A) in accordance with the requirements specified by the appropriate reviewer for purposes of such subparagraph and the appropriate reviewer neither approves nor disapproves such application pursuant to subparagraph (B)(ii) on or before the date that is 120 days after the date of such submittal, such eligible center shall be considered a participant in the pilot program.
"(D) For purposes of this paragraph, the appropriate reviewer is—
"(i) in the case of an eligible center described in subparagraph (A) of subsection (a)(2), the Laboratory Quality Enhancement Program; and
"(ii) in the case of an eligible center described in subparagraph (B) of such subsection, the Director of the Test Resource Management Center.
"(c)
"(1)
"(A) generate greater value and efficiencies in research and development activities;
"(B) enable more efficient and effective operations of supporting activities, such as—
"(i) facility management, construction, and repair;
"(ii) business operations;
"(iii) personnel management policies and practices; and
"(iv) intramural and public outreach; and
"(C) enable more rapid deployment of warfighter capabilities.
"(2)
"(B) The Director of the Defense Advanced Research Projects Agency shall implement each method proposed under paragraph (1) unless such method is disapproved in writing by the Deputy Secretary of Defense or a designee of the Deputy Secretary within 60 days of receiving a proposal from the Director.
"(C) In this paragraph, the term 'Assistant Secretary concerned' means—
"(i) the Assistant Secretary of the Air Force for Acquisition [now Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics], with respect to matters concerning the Air Force;
"(ii) the Assistant Secretary of the Army for Acquisition, Logistics, and Technology, with respect to matters concerning the Army; and
"(iii) the Assistant Secretary of the Navy for Research, Development, and Acquisition, with respect to matters concerning the Navy.
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) Identification of the eligible centers participating in the pilot program.
"(B) Identification of the eligible centers whose applications to participate in the pilot program were disapproved under subsection (b), including justifications for such disapprovals.
"(C) A description of the methods implemented pursuant to subsection (c).
"(D) A description of the methods that were proposed pursuant to paragraph (1) of subsection (c) but disapproved under paragraph (2) of such subsection.
"(E) An assessment of how methods implemented pursuant to subsection (c) have contributed to the objectives identified in subparagraphs (A), (B), and (C) of paragraph (1) of such subsection.
"(F) With respect to any military department not participating in the pilot program, an explanation for such nonparticipation, including identification of—
"(i) any issues that may be preventing such participation; and
"(ii) any offices or other elements of the Department of Defense that may be responsible for the delay in participation."
[
[
§4141. Award of grants and contracts to colleges and universities: requirement of competition
(a) The Secretary of Defense may not make a grant or award a contract to a college or university for the performance of research and development, or for the construction of any research or other facility, unless—
(1) in the case of a grant, the grant is made using competitive procedures; and
(2) in the case of a contract, the contract is awarded in accordance with section 2304 1 of this title (other than pursuant to subsection (c)(5) 1 of that section).
(b)(1) A provision of law may not be construed as modifying or superseding the provisions of subsection (a), or as requiring funds to be made available by the Secretary of Defense to a particular college or university by grant or contract, unless that provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(C) specifically identifies the particular college or university involved and states that the grant to be made or the contract to be awarded, as the case may be, pursuant to such provision of law is being made or awarded in contravention of subsection (a).
(2) A grant may not be made, or a contract awarded, pursuant to a provision of law that authorizes or requires the making of the grant, or the awarding of the contract, in a manner that is inconsistent with subsection (a) until—
(A) the Secretary of Defense submits to Congress a notice in writing of the intent to make the grant or award the contract; and
(B) a period of 180 days has elapsed after the date on which the notice is received by Congress.
(Added
Editorial Notes
References in Text
Amendments
2021—
Subsec. (a)(2).
1996—Subsec. (c).
"(1) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include—
"(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and
"(B) the cumulative amount of such contracts received during that period by each such college and university.
"(2) Each report under paragraph (1) shall cover the preceding fiscal year and shall be submitted not later than February 1 of the fiscal year after the fiscal year covered by the report."
Subsec. (c)(1).
Subsec. (c)(2).
1994—Subsec. (c).
1993—Subsec. (b)(2).
Subsec. (c).
"(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall include—
"(A) a list of each college and university that, during the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and
"(B) the cumulative amount of such contracts received during that period by each such college and university.
"(2) The reports under paragraph (1) shall cover the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report.
"(3) A report is not required under paragraph (1) for any period beginning after December 31, 1993."
1990—Subsec. (c)(1).
Subsec. (c)(2).
1989—Subsec. (a).
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Effective Date of 1993 Amendment
Effective Date of 1989 Amendment
Effective Date
1 See References in Text note below.
§4142. Extramural acquisition innovation and research activities
(a)
(b)
(c)
(1)
(2)
(d)
(1) Research on past and current defense acquisition policies and practices, commercial and international best practices, and the application of new technologies and analytical capabilities to improve acquisition policies and practices.
(2) Pilot programs to prototype and demonstrate new acquisition practices for potential transition to wider use in the Department of Defense.
(3) Establishment of data repositories and development of analytical capabilities, in coordination with the Chief Data Officer of the Department of Defense, to enable researchers and acquisition professionals to access and analyze historical data sets to support research and new policy and practice development.
(4) Executive education to—
(A) support acquisition workforce development, including for early career, mid-career, and senior leaders; and
(B) provide appropriate education on acquisition issues to non-acquisition professionals.
(5) On an ongoing basis, a review of the implementation of recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices, including—
(A) for recommendations for the enactment of legislation, identify the extent to which the recommendations have been enacted into law by Congress;
(B) for recommendations for the issuance of regulations, identify the extent to which the recommendations have been adopted through the issuance or revision of regulations;
(C) for recommendations for revisions to policies and procedures in the executive branch, identify the extent to which the recommendations have been adopted through issuance of an appropriate implementing directive or other form of guidance; and
(D) for recommendations for the resources required to implement recommendations contained in relevant Department of Defense and private sector studies on acquisition policies and practices.
(6) Engagement with researchers and acquisition professionals in the Department of Defense, as appropriate.
(e)
(f)
(Added
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Implementation of Section
"(A)
"(B)
"(i)
"(ii)
Records of the Section 809 Panel
"(1)
"(2)
"(3)
"(4)
§4143. Research and development laboratories: contracts for services of university students
(a) Subject to the availability of appropriations for such purpose, the Secretary of Defense may procure by contract under the authority of this section the temporary or intermittent services of students at institutions of higher learning for the purpose of providing technical support at defense research and development laboratories. Such contracts may be made directly with such students or with nonprofit organizations employing such students.
(b) Students providing services pursuant to a contract made under subsection (a) shall be considered to be employees for the purposes of
(c) The Secretary of Defense shall prescribe regulations to carry out this section. Such regulations shall include definitions for the purposes of this section of the terms "student", "institution of higher learning", and "nonprofit organization".
(Added
Editorial Notes
Amendments
2021—
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
§4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education
(a)
(2) The Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering.
(b)
(1) enhance the research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary;
(2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense;
(3) increase the number of graduates from such institutions engaged in disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and
(4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry.
(c)
(1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation.
(2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense.
(3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense.
(4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions.
(d)
(2) The Secretary of Defense shall establish goals and incentives to encourage federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense—
(A) to assess the capacity of covered educational institutions to address the research and development needs of the Department through partnerships and collaborations; and
(B) if appropriate, to enter into partnerships and collaborations with such institutions.
(e)
(f)
(1) an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 (
(2) an accredited postsecondary minority institution.
(Added
Editorial Notes
References in Text
The Higher Education Act of 1965, referred to in subsec. (f)(1), is
Amendments
2021—
Subsec. (a).
Subsec. (d).
2019—Subsecs. (d) to (f).
2018—Subsec. (d).
2013—Subsec. (a)(1).
2011—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Amendment by
Outreach to Historically Black Colleges and Universities and Other Minority-Serving Institutions Regarding National Security Innovation Network Programs That Promote Entrepreneurship and Innovation at Institutions of Higher Education
"(a)
"(b)
"(1) an explanation of—
"(A) the results of any outreach efforts conducted under the pilot program;
"(B) the success of the pilot program in expanding National Security Innovation Network programs to historically Black colleges and universities and other minority-serving institutions; and
"(C) any potential barriers to the expansion of the pilot program; and
"(2) recommendations for how the Department of Defense can support historically Black colleges and universities and other minority-serving institutions to enable such institutions to successfully participate in Department of Defense commercialization, innovation, and entrepreneurship programs.
"(c)
"(d)
"(1) The term 'historically Black college or university' means a part B institution (as defined in section 322 of the Higher Education Act of 1965 (
"(2) The term 'other minority-serving institution' means an institution of higher education specified in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 (
Report and Pilot Program Based on Recommendations Regarding Defense Research Capacity at Historically Black Colleges and Universities and Other Minority-Serving Institutions
"(a)
"(1)
"(2)
"(A) With respect to the recommendations and subrecommendations set forth in the publication described in paragraph (1)—
"(i) a description of each recommendation and subrecommendation the Secretary has implemented as of the date of the report;
"(ii) a description of each recommendation and subrecommendation the Secretary has commenced implementing as of the date of the report, including a justification for determining to commence implementing the recommendation; and
"(iii) a description of each recommendation and subrecommendation the Secretary has not implemented or commenced implementing as of the date of the report and a determination as to whether or not to implement the recommendation.
"(B) For each recommendation or subrecommendation the Secretary determines to implement under subparagraph (A)(iii)—
"(i) a timeline for implementation;
"(ii) a description of any additional resources or authorities required for implementation; and
"(iii) the plan for implementation.
"(C) For each recommendation or subrecommendation the Secretary determines not to implement under subparagraph (A)(iii), a justification for the determination not to implement the recommendation.
"(3)
"(b)
"(1)
"(2)
"(A) the recommendations and subrecommendations to be implemented under subsection (a);
"(B) the extent of nascent research capabilities and planned research capabilities at eligible institutions and the relevance of those capabilities to research areas of interest to the Department of Defense;
"(C) recommendations from previous studies for increasing the level of research activity at eligible institutions to very high research activity status, including measurable milestones such as growth in very high research activity status indicators and other relevant factors;
"(D) how institutions participating in the Program will evaluate and assess progress toward achieving very high research activity status;
"(E) how such institutions will sustain an increased level of research activity after the Program terminates; and
"(F) reporting requirements for institutions participating in the Program.
"(3)
"(4)
"(A)
"(i) activities to support—
"(I) faculty professional development;
"(II) stipends for undergraduate and graduate students and post-doctoral scholars;
"(III) recruitment and retention of faculty and graduate students;
"(IV) the provision of laboratory equipment and instrumentation;
"(V) communication and dissemination of research products produced during the Program;
"(VI) construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and
"(ii) such other activities as the Secretary determines appropriate.
"(B)
"(5)
"(6)
"(A) a description of the activities carried out under the Program;
"(B) an analysis of any growth in very high research activity status indicators of eligible institutions that participated in the Program; and
"(C) emerging research areas of interest to the Department of Defense that are being pursued by such institutions.
"(7)
"(A) An analysis of the growth in very high research activity status indicators of eligible institutions that participated in the Program.
"(B) An evaluation on the effectiveness of the Program in increasing the research capacity of such institutions.
"(C) An explanation of how institutions that achieved very high research activity status plan to sustain that status after the termination of the Program.
"(D) An evaluation of the maintenance of very high research status by eligible institutions that participated in the Program.
"(E) An evaluation of the effectiveness of the Program in increasing the diversity of students conducting high quality research in unique areas.
"(F) Recommendations with respect to further activities and investments necessary to elevate the research status of historically Black colleges and universities and other minority-serving institutions.
"(G) Recommendations as to whether the Program should be renewed or expanded.
"(c)
"(1) The term 'eligible institution' means a historically Black college or university or other minority-serving institution that is classified as a high research activity status institution at the time of participation in the program under subsection (b).
"(2) The term 'high research activity status' means R2 status, as classified by the Carnegie Classification of Institutions of Higher Education.
"(3) The term 'historically Black college or university' has the meaning given the term 'part B institution' under section 322 of the Higher Education Act of 1965 (
"(4) The term 'other minority-serving institution' means an institution of higher education specified in paragraphs (2) through (7) of section 371(a) of the Higher Education Act of 1965 (
"(5) The term 'Secretary' means the Secretary of Defense.
"(6) The term 'very high research activity status' means R1 status, as classified by the Carnegie Classification of Institutions of Higher Education.
"(7) The term 'very high research activity status indicators' means the categories used by the Carnegie Classification of Institutions of Higher Education to delineate which institutions have very high activity status, including—
"(A) annual expenditures in science and engineering;
"(B) per-capita (faculty member) expenditures in science and engineering;
"(C) annual expenditures in non-science and engineering fields;
"(D) per-capita (faculty member) expenditures in non-science and engineering fields;
"(E) doctorates awarded in science, technology, engineering, and mathematics fields;
"(F) doctorates awarded in social science fields;
"(G) doctorates awarded in the humanities;
"(H) doctorates awarded in other fields with a research emphasis;
"(I) total number of research staff including postdoctoral researchers;
"(J) other doctorate-holding non-faculty researchers in science and engineering and per-capita (faculty) number of doctorate-level research staff including post-doctoral researchers; and
"(K) other categories utilized to determine classification."
Defense Research and Engineering Activities at Minority Institutions
"(b)
"(1)
"(2)
"(A) Developing the capability, including workforce and research infrastructure, for minority institutions to more effectively compete for Federal engineering, research, and development funding opportunities.
"(B) Improving the capability of such institutions to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities.
"(C) Any other purposes the Secretary determines appropriate for enhancing the defense-related engineering, research, and development capabilities of minority institutions.
"(d)
National Study on Defense Research at Historically Black Colleges and Universities and Other Minority Institutions
"(a)
"(b)
"(c)
"(1) The degree to which covered institutions are successful in competing for and executing Department of Defense contracts and grants for defense research.
"(2) Best practices for advancing the capacity of covered institutions to compete for and conduct research programs related to national security and defense.
"(3) The advancements and investments necessary to elevate covered institutions to R2 status or R1 status on the Carnegie Classification of Institutions of Higher Education, consistent with the criteria of the classification system.
"(4) The facilities and infrastructure for defense-related research at covered institutions as compared to the facilities and infrastructure at institutions classified as R1 status on the Carnegie Classification of Institutions of Higher Education.
"(5) Incentives to attract, recruit, and retain leading research faculty to covered institutions.
"(6) Best practices of institutions classified as R1 status on the Carnegie Classification of Institutions of Higher Education, including best practices with respect to—
"(A) the establishment of a distinct legal entity to—
"(i) enter into contracts or receive grants from the Department;
"(ii) lay the groundwork for future research opportunities;
"(iii) develop research proposals;
"(iv) engage with defense research funding organizations; and
"(v) execute the administration of grants; and
"(B) determining the type of legal entity, if any, to establish for the purposes described in subparagraph (A).
"(7) The ability of covered institutions to develop, protect, and commercialize intellectual property created through defense-related research.
"(8) The total amount of defense research funding awarded to all institutions of higher education, including covered institutions, through contracts and grants for each of fiscal years 2010 through 2019 and, with respect to each such institution—
"(A) whether the institution established a distinct legal entity to enter into contracts or receive grants from the Department and, if so, the type of legal entity that was established;
"(B) the total value of contracts and grants awarded to the institution of higher education for each of fiscal years 2010 through 2019;
"(C) the overhead rate of the institution of higher education for fiscal year 2019;
"(D) the institution's classification on the Carnegie Classification of Institutions of Higher Education; and
"(E) whether the institution qualifies as a covered institution.
"(9) Recommendations for strengthening and enhancing the programs executed under
"(10) Recommendations to enhance the capacity of covered institutions to transition research products into defense acquisition programs or commercialization.
"(11) Previous executive or legislative actions by the Federal Government to address imbalances in Federal research funding, including such programs as the Defense Established Program to Stimulate Competitive Research (commonly known as 'DEPSCoR').
"(12) The effectiveness of the Department in attracting and retaining students specializing in science, technology, engineering, and mathematics fields from covered institutions for the Department's programs on emerging capabilities and technologies.
"(13) Recommendations for the development of incentives to encourage research and educational collaborations between covered institutions and other institutions of higher education.
"(14) Any other matters the Secretary of Defense determines to be relevant to advancing the defense research capacity of covered institutions.
"(d)
"(1)
"(A) the findings of the study conducted under subsection (a); and
"(B) any recommendations that the National Academies may have for action by the executive branch and Congress to improve the participation of covered institutions in Department of Defense research and any actions that may be carried out to expand the research capacity of such institutions.
"(2)
"(3)
"(e)
"(1)
"(2)
"(A)
"(i) the Secretary submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] written notice of the intent of the Secretary to delay implementation of the recommendation; and
"(ii) includes, as part of such notice, a specific justification for the delay in implementing the recommendation.
"(B)
"(i) the Secretary submits to the congressional defense committees written notice of the intent of the Secretary not to implement the recommendation; and
"(ii) includes, as part of such notice—
"(I) the reasons for the Secretary's decision not to implement the recommendation; and
"(II) a summary of alternative actions the Secretary will carry out to address the purposes underlying the recommendation.
"(3)
"(A) a summary of actions that have been, or will be, carried out to implement the recommendation; and
"(B) a schedule, with specific milestones, for completing the implementation of the recommendation.
"(f)
"(g)
"(1) The term 'appropriate congressional committees' means—
"(A) the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives];
"(B) the Committee on Health, Education, Labor, and Pensions of the Senate; and
"(C) the Committee on Education and Labor [now Committee on Education and the Workforce] of the House of Representatives.
"(2) The term 'covered institution' means—
"(A) a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (
"(B) any other institution of higher education (as that term is defined in section 101 of such Act (
Strategies for Engagement With Historically Black Colleges and Universities and Minority-Serving Institutions of Higher Education
"(a)
"(1)
"(2)
"(A) Goals and vision for maintaining a credible and sustainable program relating to the engagement and support under the strategy.
"(B) Metrics to enhance scientific, technical, engineering, and mathematics capabilities at covered educational institutions, including with respect to measuring progress toward increasing the success of such institutions to compete for broader research funding sources other than set-aside funds.
"(C) Promotion of mentoring opportunities between covered educational institutions and other research institutions.
"(D) Regular assessment of activities that are used to develop, maintain, and grow scientific, technical, engineering, and mathematics capabilities.
"(E) Inclusion of faculty of covered educational institutions into program reviews, peer reviews, and other similar activities.
"(F) Targeting of undergraduate, graduate, and postgraduate students at covered educational institutions for inclusion into research or internship opportunities within the military department.
"(b)
"(c) Submission.—
"(1)
"(2)
"(d)
"(1) The term 'basic research entity' means an entity of the Department of Defense that executes research, development, test, and evaluation budget activity 1 funding, as described in the Department of Defense Financial Management Regulation.
"(2) The term 'covered educational institution' has the meaning given that term in
[§§4145 to 4147. Omitted]
Editorial Notes
Codification
Sections 4145 to 4147 were initially transferred from