mission shall not affect its powers and shall be filled 
in the same manner as the original appointment was 
made. 
(7) STATUS
AS
FEDERAL
EMPLOYEES.—Not-
withstanding the requirements of section 2105 of 
title 5, United States Code, including the required 
supervision under subsection (a)(3) of such section, 
the members of the Commission shall be deemed to 
be Federal employees. 
(b) DUTIES.— 
(1) IN GENERAL.—The Commission shall carry 
out the review described in paragraph (2). In car-
rying out such review, the Commission shall consider 
the methods and means necessary to advance re-
search capacity at covered institutions to comprehen-
sively address the national security and defense 
needs of the United States. 
(2) SCOPE OF THE REVIEW.—In conducting the 
review under paragraph (1), the Commission shall 
consider the following: 
(A) The competitiveness of covered institu-
tions in developing, pursuing, capturing, and 
executing defense research with the Department 
of Defense through contracts and grants. 
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(B) Means and methods for advancing the 
capacity of covered institutions to conduct re-
search related to national security and defense. 
(C) The advancements and investments 
necessary to elevate 25 covered institutions to 
R2 status on the Carnegie Classification of In-
stitutions of Higher Education, 15 covered in-
stitutions to R1 status on the Carnegie Classi-
fication of Institutions of Higher Education, 
and one covered institution or a consortium of 
multiple covered institutions to the capability of 
a University Affiliated Research Center. 
(D) The facilities and infrastructure for 
defense-related research at covered institutions 
as compared to the facilities and infrastructure 
at universities classified as R1 status on the 
Carnegie Classification of Institutions of Higher 
Education. 
(E) Incentives to attract, recruit, and re-
tain leading research faculty to covered institu-
tions. 
(F) The legal and organizational structure 
of the contracting entity of covered institutions 
as compared to the legal and organizational 
structure of the contracting entity of covered 
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institutions at universities classified as R1 sta-
tus on the Carnegie Classification of Institu-
tions of Higher Education. 
(G) The ability of covered institutions to 
develop, protect, and commercialize intellectual 
property created through defense-related re-
search. 
(H) The amount of defense research fund-
ing awarded to all colleges and universities 
through contracts and grants for the fiscal 
years of 2010 through 2019, including— 
(i) the legal mechanism under which 
the organization was formed; 
(ii) the total value of contracts and 
grants awarded to the organization during 
fiscal years 2010 to 2019; 
(iii) the overhead rate of the organiza-
tion for fiscal year 2019; 
(iv) the Carnegie Classification of In-
stitutions of Higher Education of the asso-
ciated university or college; and 
(v) if the associated university or col-
lege qualifies as a historically Black college 
or university, a minority institution, or a 
minority institution. 
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(I) Areas for improvement in the programs 
executed under section 2362 of title 10, United 
States Code, the existing authorization to en-
hance defense-related research and education at 
covered institutions. 
(J) Previous executive or legislative actions 
by the Federal Government to address the im-
balance in federal research funding, such as the 
Established Program to Stimulate Competitive 
Research (commonly known as ‘‘EPSCoR’’). 
(K) Any other matters the Commission 
deems relevant to the advancing the defense re-
search capacity of covered institutions. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall submit to the President and Con-
gress an initial report on the findings of the Com-
mission and such recommendations that the Com-
mission may have for action by the executive branch 
and Congress related to the covered institutions par-
ticipating in Department of Defense research and 
actions necessary to expand their research capacity. 
(2) FINAL REPORT.—Prior to the date on which 
the commission terminates under subsection (e), the 
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Commission shall submit to the President and Con-
gress a comprehensive report on the results of the 
review required under subsection (b). 
(3) FORM
OF
REPORTS.—Reports submitted 
under this subsection shall be made publicly avail-
able. 
(d) FUNDING.—Of the amounts authorized to be ap-
propriated by this Act for fiscal years 2020 and 2021 for 
the Department of Defense, not more than $5,000,000 
each year shall be made available to the Commission to 
carry out its duties under this Act. Funds made available 
to the Commission under the preceding sentence shall re-
main available until expended. 
(e) TERMINATION.—The Commission shall terminate 
on December 31, 2021. 
(f) COVERED INSTITUTION DEFINED.—In this sec-
tion, the term ‘‘covered institution’’ means— 
(1) 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 
(2) 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 
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from ethnic groups that are underrepresented in the 
fields of science and engineering. 
SEC. 3. CONSIDERATION OF SUBCONTRACTING TO MINOR-
ITY INSTITUTIONS. 
(a) IN GENERAL.—Chapter 141 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2410t. Consideration of subcontracting to minority 
institutions 
‘‘(a) CONSIDERATION OF SUBCONTRACTING TO MI-
NORITY INSTITUTIONS.—The Secretary of Defense shall 
revise the Department of Defense Supplement to the Fed-
eral Acquisition Regulation to require that the system 
used by the Federal Government to monitor or record con-
tractor past performance for a grant or contract awarded 
to an institution of higher education includes incentives 
for the award of a subgrant or subcontract to minority 
institutions. 
‘‘(b) MINORITY INSTITUTION DEFINED.—In this sec-
tion, the term ‘minority institution’ means— 
‘‘(1) a part B institution (as that term is de-
fined in section 322(2) of the Higher Education Act 
of 1965 (20 U.S.C. 1061(2)); or 
‘‘(2) any other institution of higher education 
(as that term is defined in section 101 of such Act 
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(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.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘2410t. Consideration of subcontracting to minority institutions.’’. 
Æ 
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