I

103D CONGRESS

1ST SESSION H. R. 84

To amend the Office of Federal Procurement Policy Act to provide for

the participation of historically Black colleges and universities in federally

funded research and development activities.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. CLAY (for himself and Mr. CONYERS) introduced the following bill; which

was referred to the Committee on Government Operations

A BILL

To amend the Office of Federal Procurement Policy Act

to provide for the participation of historically Black colleges and universities in federally funded research and

development activities.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. STATEMENT OF POLICY.

4 It is the policy of the United States Government that

5 historically Black colleges and universities and nonprofit

6 organizations owned and controlled by Black Americans

7 share equitably in the benefits to be derived from being
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1 and becoming full participants in federally funded re2 search and development activities.

3 SEC. 2. PURPOSE.

4 The purpose of this Act is to establish, enhance, and

5 expand the participation of historically Black colleges and

6 universities and nonprofit organizations owned and con7 trolled by Black Americans in research and development

8 through their designation as federally funded research and

9 development centers.

10 SEC. 3. AMENDMENTS TO OFFICE OF FEDERAL PROCURE11 MENT POLICY ACT.

12 (a) GENERAL AUTHORITY.—The Office of Federal

13 Procurement Policy Act (41 U.S.C. 401 et seq.) is amend14 ed by inserting after section 6 the following:

15 ‘‘SEC. 6B. PARTICIPATION OF HISTORICALLY BLACK COL16 LEGES AND UNIVERSITIES AND NONPROFIT

17 ORGANIZATIONS OWNED AND CONTROLLED

18 BY BLACK AMERICANS IN RESEARCH AND DE19 VELOPMENT ACTIVITIES.

20 ‘‘(a) GENERAL AUTHORITY.—(1) The Administrator

21 shall prescribe regulations to ensure the participation of

22 historically Black colleges and universities and nonprofit

23 organizations owned and controlled by Black Americans

24 in research and development activities conducted with
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1 Federal funds by executive agencies. Such regulations

2 shall require that each executive agency—

3 ‘‘(A) except as provided in paragraph (2), des4 ignate not less than 5 historically Black colleges and

5 universities or nonprofit organizations owned and

6 controlled by Black Americans as federally funded

7 research and development centers for purposes of

8 such agency;

9 ‘‘(B) reserve not less than 3 percent of amounts

10 appropriated to such agency for research and devel11 opment activities for purposes of providing technical

12 assistance and other support to historically Black

13 colleges and universities and nonprofit organizations

14 owned and controlled by Black Americans in order

15 to implement the purpose of this Act;

16 ‘‘(C) reserve, for purposes of research and de17 velopment activities to be conducted by federally

18 funded research and development centers designated

19 pursuant to subparagraph (A)—

20 ‘‘(i) in the fiscal year 1994, not less than

21 5 percent of amounts appropriated to such

22 agency for research and development activities;

23 ‘‘(ii) in the fiscal year 1995, not less than

24 10 percent of amounts appropriated to such

25 agency for research and development activities;
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1 ‘‘(iii) in the fiscal year 1996, not less than

2 15 percent of amounts appropriated to such

3 agency for research and development activities;

4 and

5 ‘‘(iv) in the fiscal year 1997 and in each

6 succeeding fiscal year, not less than 20 percent

7 of amounts appropriated to such agency for re8 search and development activities; and

9 ‘‘(D) with respect to each federally funded re10 search and development center designated pursuant

11 to paragraph (1)—

12 ‘‘(i) assess any need for technical assist13 ance and other support; and

14 ‘‘(ii) as soon as practicable, develop and

15 implement a coordinated plan for delivery of

16 such assistance.

17 ‘‘(2) The Administrator may allow an executive agen18 cy to designate fewer than 5 historically Black colleges and

19 universities or nonprofit organizations owned and con20 trolled by Black Americans as federally funded research

21 and development centers pursuant to paragraph (1)(A) if

22 the Administrator determines that amounts reserved by

23 such agency under paragraph (1)(C) for such centers

24 would be insufficient to carry out research and develop25 ment activities at 5 such centers.
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1 ‘‘(b) WAIVER OF RESPONSIBLE SOURCE CRITERIA.—

2 For purposes of this Act, any federally funded research

3 center designated pursuant to subsection (a)(1)(A) shall

4 be considered to be a responsible source.

5 ‘‘(c) REPAYMENT OF UNUSED AMOUNTS.—In any

6 fiscal year in which an executive agency does not expend

7 all of the amounts reserved by such agency as required

8 by subsection (a)(1)(C) for support of research and devel9 opment activities at federally funded research and develop10 ment centers designated under subsection (a)(1)(A), any

11 of such amounts that are not so expended shall be re12 turned to the Treasury of the United States.

13 ‘‘(d) PAYMENT AND USE OF AMOUNTS FOR PARREN

14 J. MITCHELL INSTITUTE FOR BUSINESS EDUCATION.—

15 (1) Each college, university, or nonprofit organization

16 which receives an amount from an executive agency under

this section shall pay not less than 1 17 ⁄2 percent of that

18 amount to a national not-for-profit organization estab19 lished as the Parren J. Mitchell Institute for Business

20 Education (hereinafter in this subsection referred to as

21 the ‘Institute’).

22 ‘‘(2) The Institute shall use amounts paid to the In23 stitute under this subsection only to develop and imple24 ment programs which foster entrepreneurship and capital

25 formation.
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1 ‘‘(e) DEFINITION.—For purposes of this section, the

2 term ‘historically Black colleges and universities’ means

3 institutions that are part B institutions for purposes of

4 part B of title III of the Higher Education Act of 1965.’’.

5 (b) ANNUAL REPORT.—Section 17 of the Office of

6 Federal Procurement Policy Act (41 U.S.C. 415) is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(c) ANNUAL REPORT.—The Comptroller General of

10 the United States shall annually conduct a study and sub11 mit a report to the Congress on the activities of executive

12 agencies in carrying out section 6B. The first report shall

13 be submitted by not later than 9 months after the date

14 of the enactment of this subsection. Such reports shall

15 specifically include—

16 ‘‘(1) a description of the extent to which each

17 executive agency is complying with the requirements

18 of section 6B;

19 ‘‘(2) a description of technical assistance and

20 other support provided by executive agencies to fed21 erally funded research and development centers des22 ignated under section 6B(a)(1)(A); and

23 ‘‘(3) an analysis and description of the technical

24 and other support required by historically Black col-
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1 leges and universities and nonprofit organizations

2 owned and controlled by Black Americans.’’.

3 SEC. 4. EFFECTIVE DATE.

4 The amendment made by section 3 shall take effect

5 on October 1, 1993.

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