[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 651 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 651

 To amend the Office of Federal Procurement Policy Act to provide for 
expanded participation of historically Black colleges and universities 
and nonprofit organizations owned and controlled by Black Americans in 
         federally funded research and development activities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 25 (legislative day, March 3), 1993

 Ms. Mikulski introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Office of Federal Procurement Policy Act to provide for 
expanded participation of historically Black colleges and universities 
and nonprofit organizations owned and controlled by Black Americans 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. ACTIONS REQUIRED.

    (a) General Authority.--The Office of Federal Procurement Policy 
Act (41 U.S.C. 401 et seq.) is amended by adding at the end the 
following:

  ``participation of historically black colleges and universities and 
  nonprofit organizations owned and controlled by black americans in 
                  research and development activities

    ``Sec. 29. (a)(1) The Federal Acquisition Regulation shall include 
regulations to ensure that historically Black colleges and universities 
and nonprofit organizations owned and controlled by Black Americans are 
afforded the opportunity to participate equitably in research and 
development activities conducted for executive agencies.
    ``(2) The regulations shall require that the head of each executive 
agency having regular requirements for research and development--
            ``(A) except as provided in paragraph (3), designate not 
        less than 5 historically Black colleges and universities or 
        nonprofit organizations owned and controlled by Black Americans 
        to be designated as federally funded research and development 
        centers for 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 expand the participation of such entities 
        in federally funded research and development;
            ``(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 1995, not less than 5 
                percent of amounts appropriated to such agency for 
                research and development activities;
                    ``(ii) in the fiscal year 1996, not less than 10 
                percent of amounts appropriated to such agency for 
                research and development activities;
                    ``(iii) in the fiscal year 1997, not less than 15 
                percent of amounts appropriated to such agency for 
                research and development activities; and
                    ``(iv) in the fiscal year 1998 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.
    ``(3) The Administrator may authorize 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 
(2)(A) if the Administrator determines that amounts reserved by such 
agency under paragraph (2)(C) for such centers would be insufficient to 
carry out research and development activities at 5 such colleges, 
universities, and nonprofit organizations.
    ``(b) The head of an executive agency designating a federally 
funded research and development center pursuant to subsection (a)(2)(A) 
shall consider that center as a responsible source for purposes of 
research and development contracts and cooperative agreements of that 
agency.
    ``(c) In any fiscal year in which an executive agency does not 
expend all of the amounts reserved by such agency pursuant to 
subsection (a)(2)(C) for support of research and development activities 
at federally funded research and development centers designated 
pursuant to subsection (a)(2)(A), any of such amounts that are not so 
expended shall be returned to the Treasury of the United States.
    ``(d) For purposes of this section, the term `historically Black 
college and university' means a part B institution as such term is 
defined in section 322(2) of the Higher Education Act of 1965 (20 
U.S.C. 1061(2)).''.
    (b) Annual GAO Study and Report.--
            (1) Requirement.--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) 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 this section. Such report shall 
specifically include--
            ``(1) a description of the extent to which each executive 
        agency is complying with the requirements of such section; and
            ``(2) a description of technical assistance and other 
        support provided by the executive agencies.''.
            (2) First study and report.--The Comptroller General of the 
        United States shall conduct the first study, and submit the 
        first report, required by section 17(c) of the Office of 
        Federal Procurement Policy Act (as added by paragraph (1)) 
        during 1995.

SEC. 4. EFFECTIVE DATE.

    The amendments made by section 3 shall take effect on October 1, 
1994.

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