10 U.S.C. § 4144 (ARMED FORCES)
§ 4144. Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education
(a) Program Established.—
(1) The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department in defense-related research, development, testing, and evaluation activities.
(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) Program Objective.—
The objective of the program established by subsection (a)(1) is to enhance defense-related research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to—
(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) Assistance Provided.—
Under the program established by subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following:
(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) Incentives.—
(1) The Secretary of Defense may develop incentives to encourage research and educational collaborations between covered educational institutions and other institutions of higher education.
(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) Criteria for Funding.—
The Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department.
(f) Definition of Covered Educational Institution.—
In this section the term “covered educational institution” means—
(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 Pub. L. 111–84, div. A, title II, § 252(a), Oct. 28, 2009, 123 Stat. 2242, § 2362; amended Pub. L. 111–383, div. A, title X, § 1075(b)(32), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 112–81, div. A, title II, § 219, Dec. 31, 2011, 125 Stat. 1335; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(A)(i), Jan. 2, 2013, 126 Stat. 1949; Pub. L. 115–232, div. A, title II, § 245, Aug. 13, 2018, 132 Stat. 1700; Pub. L. 116–92, div. A, title II, § 214, Dec. 20, 2019, 133 Stat. 1257; renumbered § 4144, Pub. L. 116–283, div. A, title XVIII, § 1844(b), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154; Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242; Pub. L. 117–81, div. A, title II, § 220(c), title XVII, § 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 1599, 2154.)
heading: Editorial Notes
heading: References in Text
text: The Higher Education Act of 1965, referred to in subsec. (f)(1), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Titles III and V of the Act are classified generally to subchapters III (§ 1051 et seq.) and V (§ 1101 et seq.), respectively, of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1844(b), as added by Pub. L. 117–81, § 1701(u)(5)(B), renumbered section 2362 of this title as this section.
Pub. L. 116–283, § 1838(b), which directed renumbering section 2362 of this title as section 3904 instead of this section, was amended by Pub. L. 117–81, § 1701(v)(2)(A), effective as if included therein, so that such renumbering was no longer directed.
Subsec. (a). Pub. L. 117–81, § 220(c)(1), substituted “Under Secretary” for “Assistant Secretary” in pars. (1) and (2).
Subsec. (d). Pub. L. 117–81, § 220(c)(2), designated existing provisions as par. (1) and added par. (2).
2019—Subsecs. (d) to (f). Pub. L. 116–92 added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
2018—Subsec. (d). Pub. L. 115–232 substituted “Criteria” for “Priority” in heading and “limit” for “give priority in providing” in text.
2013—Subsec. (a)(1). Pub L. 112–239 substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering”.
2011—Subsec. (a). Pub. L. 112–81, § 219(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 112–81, § 219(b)(1), substituted “established by subsection (a)(1)” for “established under subsection (a)” in introductory provisions.
Subsec. (c). Pub. L. 112–81, § 219(b)(2), substituted “subsection (a)(1)” for “subsection (a)” in introductory provisions.
Subsec. (e)(1). Pub. L. 111–383 substituted “title III or V” for “title III or IV”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a Technical, Conforming, and Clerical Amendments Related to Title XVIII of the Fiscal Year 2021 NDAA note preceding section 3001 of this title and Effective Date note below.
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
heading: Defense Research and Engineering Activities at Minority Institutions
text: Pub. L. 117–81, div. A, title II, § 220(b), (d), Dec. 27, 2021, 135 Stat. 1598, 1599, provided that:
“(b) Activities to Support the Research and Engineering Capacity of Historically Black Colleges and Universities and Minority Institutions.—
(1) In general.—
Subject to the availability of appropriations, the Secretary [of Defense] may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities for the purposes described in paragraph (2).
“(2) Purposes.—
The purposes described in this paragraph are the following:
“(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) Minority Institution Defined.—
In this section, the term ‘minority institution’ means a covered educational institution (as defined in section 2362 of title 10, United States Code [now 10 U.S.C. 4144]).”