(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 Assistant 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)
(e)
(f)
(1) an institution of higher education eligible for assistance under title III or V of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.); or
(2) an accredited postsecondary minority institution.
(Added
The Higher Education Act of 1965, referred to in subsec. (f)(1), is
A prior section 2362, added
2019-Subsecs. (d) to (f).
2018-Subsec. (d).
2013-Subsec. (a)(1).
2011-Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e)(1).
"(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 section 2362 of title 10, United States Code.
"(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 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 (20 U.S.C. 1061(2))[)]; or
"(B) any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering."
"(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 section 2362(e) [now 2362(f)] of title 10, United States Code."