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10 U.S.C. § 4144 — Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education

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10 U.S.C. § 4144 — Research and educational programs and activities: historically black colleges and universities and minority-serving institutions of higher education

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Source file: Laws/federal/codes/united-states-code/title-10/section-4144-research-and-educational-programs-and-activities-historically-black-coll--49fbb2fe72.md
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Source location: Title 10, Chapter 305, § 4144; chapter-305-universities.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1051&num=0&edition=prelim) et seq.); or (2) an accredited postsecondary minority institution.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2362 — Renumbered § 4144]

### Statutory Notes #### Prior Provisions A prior section 2362, added Pub. L. 99–145, title I, § 123(a)(1), Nov. 8, 1985, 99 Stat. 599; amended Pub. L. 99–433, title I, § 110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284, which related to testing requirements for wheeled or tracked armored vehicles, was repealed by Pub. L. 103–160, div. A, title VIII, § 821(a)(3), Nov. 30, 1993, 107 Stat. 1704.

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1001 — General definition of institution of higher education

**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that— (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim); (2) is legally authorized within such State to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. **(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes— (1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1051 — Authorization of appropriations

**(a) Authorizations** (1) **Part A** (A) There are authorized to be appropriated to carry out part A (other than sections 1059c through 1059g of this title), $135,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (B) There are authorized to be appropriated to carry out [section 1059c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059c&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (C) There are authorized to be appropriated to carry out [section 1059d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059d&num=0&edition=prelim), $15,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (D) There are authorized to be appropriated to carry out [section 1059e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059e&num=0&edition=prelim), $75,000,000 for fiscal year 2009 and each of the five succeeding fiscal years. (E) There are authorized to be appropriated to carry out [section 1059f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059f&num=0&edition=prelim), $25,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (F) There are authorized to be appropriated to carry out [section 1059g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1059g&num=0&edition=prelim), $30,000,000 for fiscal year 2009, and such sums as may be necessary for each of the five succeeding fiscal years. (2) **Part

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1061 — Findings and purposes

The Congress finds that— (1) the historically Black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for Black, low-income, and educationally disadvantaged Americans; (2) States and the Federal Government have discriminated in the allocation of land and financial resources to support Black public institutions under the Morrill Act of 1862 [[7 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section301&num=0&edition=prelim) et seq.] and its progeny, and against public and private Black colleges and universities in the award of Federal grants and contracts, and the distribution of Federal resources under this chapter and other Federal programs which benefit institutions of higher education; (3) the current state of Black colleges and universities is partly attributable to the discriminatory action of the States and the Federal Government and this discriminatory action requires the remedy of enhancement of Black postsecondary institutions to ensure their continuation and participation in fulfilling the Federal mission of equality of educational opportunity; and (4) financial assistance to establish or strengthen the physical plants, financial management, academic resources, and endowments of the historically Black colleges and universities are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2101 — Definitions

In this chapter: (1) The term “program” means the Senior Reserve Officers’ Training Corps of an armed force. (2) The term “member of the program” means a student who is enrolled in the Senior Reserve Officers’ Training Corps of an armed force. (3) The term “advanced training” means the training and instruction offered in the Senior Reserve Officers’ Training Corps to students enrolled in an advanced education program beyond the baccalaureate degree level or to students in the third and fourth years of a four-year Senior Reserve Officers’ Training Corps course, or the equivalent period of training in an approved two-year Senior Reserve Officers’ Training Corps course (except that, in the case of a student enrolled in an academic program which has been approved by the Secretary of the military department concerned and which requires more than four academic years for completion of baccalaureate degree requirements, including elective requirements of the Senior Reserve Officers’ Training Corps course, such term includes a fifth academic year or a combination of a part of a fifth academic year and summer sessions).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3904 — Omitted]

### Statutory Notes #### Codification Pub. L. 116–283, div. A, title XVIII, § 1838(b), Jan. 1, 2021, 134 Stat. 4242, initially transferred [section 2362 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2362&num=0&edition=prelim) to this section, to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A), Dec. 27, 2021, 135 Stat. 2154, amended section 1838(b) of Pub. L. 116–283, effective as if included therein, by striking out the directive to make the transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2362 to [section 4144 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4144&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4175 — Use of test and evaluation installations by commercial entities

**(a) Contract Authority.—** The Secretary of Defense may enter into contracts with commercial entities that desire to conduct commercial test and evaluation activities at a Major Range and Test Facility Installation. **(b) Termination or Limitation of Contract Under Certain Circumstances.—** A contract entered into under subsection (a) shall contain a provision that the Secretary of Defense may terminate, prohibit, or suspend immediately any commercial test or evaluation activity to be conducted at the Major Range and Test Facility Installation under the contract if the Secretary of Defense certifies in writing that the test or evaluation activity is or would be detrimental— (1) to the public health and safety; (2) to property (either public or private); or (3) to any national security interest or foreign policy interest of the United States. **(c) Contract Price.—** A contract entered into under subsection (a) shall include a provision that requires a commercial entity using a Major Range and Test Facility Installation under the contract to reimburse the Department of Defense for all direct costs to the United States that are associated with the test and evaluation activities conducted by the commercial entity under the contract. In addition, the contract may include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs related to the use of the installation as the Secretary of Defense considers to be appropriate. The Secretary may delegate to the commander of the Major Range and Test Facility Installation the authority to determine the appropriateness of the amount of indirect costs included in such a contract provision. **(d) Retention of Funds Collected From Commercial Users.—** Amounts collected under

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4144 — Research and educational programs and

Page 2675 TITLE 10—ARMED FORCES § 4144 (b) Students providing services pursuant to a contract made under subsection (a) shall be con- sidered to be employees for the purposes of chap- ter 81 of title 5, relating to compensation for work injuries, and to be employees of the gov- ernment for the purposes of chapter 171 of title 28, relating to tort claims. Such students who are not otherwise employed by the Federal Gov- ernment shall not be considered to be Federal employees for any other purpose. (c) The Secretary of Defense shall prescribe regulations to carry out this section. Such regu- lations shall include definitions for the purposes of this section of the terms ‘‘student’’, ‘‘institu- tion of higher learning’’, and ‘‘nonprofit organi- zation’’. (Added Pub. L. 97–86, title VI, § 603(a), Dec. 1, 1981, 95 Stat. 1110, § 2360; renumbered § 4143, 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, § 1843(b)(2), Jan. 1, 2021, 134 Stat. 4245; Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), Dec. 27, 2021, 135 Stat. 2153.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1844(b), as added by Pub. L. 117–81, § 1701(u)(5)(B), renumbered section 2360 of this title as this section. Pub. L. 116–283, § 1843(b)(2), which directed the renum- bering of section 2360 of this title as section 4112 in- stead of this section, was repealed by Pub. L. 117–81, § 1701(u)(4)(A), effective as if included therein, so that such renumbering was no longer directed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L

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Federal law — U.S. Code and appendices · legal_authorities

20 U.S.C. § 1051 — Findings and purpose

Page 273 TITLE 20—EDUCATION § 1051 Another prior section 1047 and prior sections 1047a to 1047j were omitted in the general amendment of former part D of this subchapter by Pub. L. 99–498. Section 1047, Pub. L. 89–329, title II, § 241, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1386, stated congressional declaration of purpose. Section 1047a, Pub. L. 89–329, title II, § 242, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, established National Periodical System Corporation. Section 1047b, Pub. L. 89–329, title II, § 243, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, related to functions of National Periodical System Cor- poration. Section 1047c, Pub. L. 89–329, title II, § 244, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1387, related to board of directors of National Periodical System Corporation. Section 1047d, Pub. L. 89–329, title II, § 245, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to director and staff of National Periodical Sys- tem Corporation. Section 1047e, Pub. L. 89–329, title II, § 246, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to nonprofit nature of National Periodical Sys- tem Corporation. Section 1047f, Pub. L. 89–329, title II, § 247, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1388, related to authority of National Periodical System Corporation. Section 1047g, Pub. L. 89–329, title II, § 248, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 94 Stat. 1389, related to congressional approval of design for national periodical system. Section 1047h, Pub. L. 89–329, title II, § 249, as added Pub. L. 96–374, title II, § 201, Oct. 3, 1980, 9

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