### §19183. Capacity-building program for developing universities

#### (a) Awards

#### (1) In general

The Director shall make awards, on a competitive basis, to eligible institutions described in subsection (b) to support the mission of the Foundation and to build institutional research capacity at eligible institutions.

#### (2) Administration

The Director may administer separate competitions for each category of eligible institution described in subparagraphs (A) through (C) of subsection (b)(1) in order to ensure fair competition for institutions with significantly different research capacities.

#### (b) Eligible institutions

To be eligible to receive an award under this subsection, an entity—

(1) shall be—

(A) a historically Black college or university;

(B) a Tribal College or University;

(C) a minority-serving institution;

(D) an institution of higher education with an established STEM capacity-building program focused on Native Hawaiians and Alaska Natives; or

(E) consortia thereof;

(2) shall—

(A) have not more than $50,000,000 in annual federally financed research and development expenditures for science and engineering as reported through the National Science Foundation Higher Education Research and Development Survey; or

(B) not be an institution classified as having very high research activity by the Carnegie Classification of Institutions of Higher Education.

#### (c) Partnerships

In making awards under this section, the Director shall—

(1) encourage entities that are consortia of eligible institutions to submit proposals and require such proposals to include a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each institution, and is mutually beneficial;

(2) encourage proposals submitted in partnership with the private sector, nonprofit organizations, Federal laboratories, and international research institutions, as appropriate;

(3) require proposals described in paragraphs (1) and (2) to include a plan to strengthen the administrative and research capacity of the partnering HBCUs, TCUs, or MSIs to lead future proposals.

#### (d) Very high research activity status Historically Black Colleges and Universities program

Awards under this section may be used to enable HBCUs which have high research activity status to achieve very high research activity status, as classified under the Carnegie Classification of Institutions of Higher Education, by enabling—

(1) faculty professional development;

(2) stipends for graduate and undergraduate students, and postdoctoral scholars;

(3) acquisition of laboratory equipment and instrumentation; and

(4) other activities as necessary to build research capacity.

#### (e) Proposals

To receive an award under this subsection, an eligible institution shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require, including—

(1) a plan that describes how the eligible institution will establish or expand research office capacity and how such award would be used to—

(A) conduct an assessment of capacity-building and research infrastructure needs of an eligible institution;

(B) enhance institutional resources to provide administrative research development support to faculty at an eligible institution;

(C) bolster the institutional research competitiveness of an eligible institution to support awards made by the Foundation;

(D) support the acquisition of instrumentation necessary to build research capacity at an eligible institution in research areas directly associated with the Foundation;

(E) increase capability of an eligible institution to move technology into the marketplace;

(F) increase engagement with industry to execute research through the SBIR and STTR programs (as such terms are defined in section 638(e) of title 15) and direct contracts at an eligible institution;

(G) enhance STEM curriculum and research training opportunities at the undergraduate, graduate, and postdoctoral levels at an eligible institution;

(H) further faculty development initiatives and strengthen institutional research training infrastructure, capacity, and competitiveness of an eligible institution;

(I) address plans and prospects for long-term sustainability of institutional enhancements at an eligible institution resulting from the award including, if applicable, how the award may be leveraged by an eligible institution to build a broader base of support; and

(J) develop and implement mechanisms for institutions of higher education to partner with HBCUs, TCUs, and MSIs on STEM education, including the facilitation of student exchanges, course and resource sharing, collaboration, and matriculation of students to either institution's graduate programs, mentoring programs for students and junior faculty, joint research projects, and student access to graduate education; and

(2) as relevant, a plan, which shall be updated every three years, that describes the institution's strategy to achieve very high research activity status, including making investments with institutional and non-Federal funds, to achieve that status within a decade of the grant award, to the extent practicable.

#### (f) MSI Centers of Innovation

Awards under this section may fund the establishment of not more than five MSI Centers of Innovation to leverage successes of HBCUs, TCUs, and MSIs in STEM education and research training of underrepresented minority students as models for other institutions, including both HBCUs, TCUs, and MSIs and institutions of higher education that are not HBCUs, TCUs, or MSIs. Such centers will be located on campuses of selected HBCUs, TCUs, or MSIs, and serve as incubators to allow institutions of higher education to experiment, pilot, evaluate, and scale up promising practices.

#### (g) Awards

Awards made under this subsection shall be for periods of three years and may be extended for periods of not more than five years.

#### (h) Authorization of appropriations

There are authorized to be appropriated to the Director $200,000,000 for fiscal year 2023 and $250,000,000 for each of fiscal years 2024 through 2027 to carry out the activities in this section and section 19182 of this title.

#### (i) Report on improving the research capacity at high research activity Historically Black Colleges and Universities

#### (1) In general

Not later than one year after August 9, 2022, the National Science and Technology Council shall prepare and submit a report that—

(A) identifies challenges and barriers to Federal research and development awards for high research activity status HBCUs; and

(B) identifies recommendations for Federal research agencies to sustainably boost the research capacity of high research activity status HBCUs through awards-making authorities.

#### (2) Report submission

The National Science and Technology Council shall transmit the report required under paragraph (1) to the Director, the Administrator of the National Aeronautics and Space Administration, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, and the heads of other such agencies as determined relevant by the National Science and Technology Council.

#### (3) Information from Federal agencies

The National Science and Technology Council may secure directly from a Federal department or agency such information as the National Science and Technology Council considers necessary to prepare the report required under paragraph (1). Upon a request from the National Science and Technology Council, the head of a Federal department or agency shall furnish such information as is requested to the National Science and Technology Council.

(Pub. L. 117–167, div. B, title V, §10524, Aug. 9, 2022, 136 Stat. 1623.)