[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 84 Introduced in House (IH)]

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.

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

SECTION 1. STATEMENT OF POLICY.

    It is the policy of the United States Government that historically 
Black colleges and universities and nonprofit organizations owned and 
controlled by Black Americans share equitably in the benefits to be 
derived from being and becoming full participants in federally funded 
research and development activities.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish, enhance, and expand the 
participation of historically Black colleges and universities and 
nonprofit organizations owned and controlled by Black Americans in 
research and development through their designation as federally funded 
research and development centers.

SEC. 3. AMENDMENTS TO OFFICE OF FEDERAL PROCUREMENT POLICY ACT.

    (a) General Authority.--The Office of Federal Procurement Policy 
Act (41 U.S.C. 401 et seq.) is amended by inserting after section 6 the 
following:

``SEC. 6B. PARTICIPATION OF HISTORICALLY BLACK COLLEGES AND 
              UNIVERSITIES AND NONPROFIT ORGANIZATIONS OWNED AND 
              CONTROLLED BY BLACK AMERICANS IN RESEARCH AND DEVELOPMENT 
              ACTIVITIES.

    ``(a) General Authority.--(1) The Administrator shall prescribe 
regulations to ensure the participation of historically Black colleges 
and universities and nonprofit organizations owned and controlled by 
Black Americans in research and development activities conducted with 
Federal funds by executive agencies. Such regulations shall require 
that each executive agency--
            ``(A) except as provided in paragraph (2), designate not 
        less than 5 historically Black colleges and universities or 
        nonprofit organizations owned and controlled by Black Americans 
        as federally funded research and development centers for 
        purposes of such agency;
            ``(B) reserve not less than 3 percent of amounts 
        appropriated to such agency for research and development 
        activities for purposes of providing technical assistance and 
        other support to historically Black colleges and universities 
        and nonprofit organizations owned and controlled by Black 
        Americans in order to implement the purpose of this Act;
            ``(C) reserve, for purposes of research and development 
        activities to be conducted by federally funded research and 
        development centers designated pursuant to subparagraph (A)--
                    ``(i) in the fiscal year 1994, not less than 5 
                percent of amounts appropriated to such agency for 
                research and development activities;
                    ``(ii) in the fiscal year 1995, not less than 10 
                percent of amounts appropriated to such agency for 
                research and development activities;
                    ``(iii) in the fiscal year 1996, not less than 15 
                percent of amounts appropriated to such agency for 
                research and development activities; and
                    ``(iv) in the fiscal year 1997 and in each 
                succeeding fiscal year, not less than 20 percent of 
                amounts appropriated to such agency for research and 
                development activities; and
            ``(D) with respect to each federally funded research and 
        development center designated pursuant to paragraph (1)--
                    ``(i) assess any need for technical assistance and 
                other support; and
                    ``(ii) as soon as practicable, develop and 
                implement a coordinated plan for delivery of such 
                assistance.
    ``(2) The Administrator may allow an executive agency to designate 
fewer than 5 historically Black colleges and universities or nonprofit 
organizations owned and controlled by Black Americans as federally 
funded research and development centers pursuant to paragraph (1)(A) if 
the Administrator determines that amounts reserved by such agency under 
paragraph (1)(C) for such centers would be insufficient to carry out 
research and development activities at 5 such centers.
    ``(b) Waiver of Responsible Source Criteria.--For purposes of this 
Act, any federally funded research center designated pursuant to 
subsection (a)(1)(A) shall be considered to be a responsible source.
    ``(c) Repayment of Unused Amounts.--In any fiscal year in which an 
executive agency does not expend all of the amounts reserved by such 
agency as required by subsection (a)(1)(C) for support of research and 
development activities at federally funded research and development 
centers designated under subsection (a)(1)(A), any of such amounts that 
are not so expended shall be returned to the Treasury of the United 
States.
    ``(d) Payment and Use of Amounts for Parren J. Mitchell Institute 
for Business Education.--(1) Each college, university, or nonprofit 
organization which receives an amount from an executive agency under 
this section shall pay not less than \1/2\ percent of that amount to a 
national not-for-profit organization established as the Parren J. 
Mitchell Institute for Business Education (hereinafter in this 
subsection referred to as the `Institute').
    ``(2) The Institute shall use amounts paid to the Institute under 
this subsection only to develop and implement programs which foster 
entrepreneurship and capital formation.
    ``(e) Definition.--For purposes of this section, the term 
`historically Black colleges and universities' means institutions that 
are part B institutions for purposes of part B of title III of the 
Higher Education Act of 1965.''.
    (b) Annual Report.--Section 17 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 415) is amended by adding at the end the 
following new subsection:
    ``(c) Annual Report.--The Comptroller General of the United States 
shall annually conduct a study and submit a report to the Congress on 
the activities of executive agencies in carrying out section 6B. The 
first report shall be submitted by not later than 9 months after the 
date of the enactment of this subsection. Such reports shall 
specifically include--
            ``(1) a description of the extent to which each executive 
        agency is complying with the requirements of section 6B;
            ``(2) a description of technical assistance and other 
        support provided by executive agencies to federally funded 
        research and development centers designated under section 
        6B(a)(1)(A); and
            ``(3) an analysis and description of the technical and 
        other support required by historically Black colleges and 
        universities and nonprofit organizations owned and controlled 
        by Black Americans.''.

SEC. 4. EFFECTIVE DATE.

    The amendment made by section 3 shall take effect on October 1, 
1993.

                                 <all>