Historically Black Colleges and Universities and Minority Institutions (HBCU/MI)
Abstract
The Historically Black Colleges and Universities and Minority Institutions (HBCU/MI) program provides support for research and collaboration with DoD facilities and personnel. Research. The research grants further knowledge in the basic physical scientific and engineering disciplines through theoretical and empirical activities. Collaborative research allows university professors to work directly with military laboratories or other universities. Section 242 of the FY 2009 Authorization Report directs the Secretary of Defense to carry out an independent assessment of the DoD-wide HBCU/MI Programs. The assessment is due no later than 12 months after the enactment of this Act (October 2009). The National Academy of Sciences will conduct the independent assessment.
Document Details
- Document Type
- R2 Budgetary Justification
- Publication Date
- Oct 01, 2011
- Source ID
- 0602228D8Z_2_0400_PB_2011
- Change Summary Explanation
- On December 8, 2009 we were advised by DOD OGC that the Department of Justice said we should go ahead with the new DOD HBCU/MI program enacted by Congress as Section 252 in the FY 2010 National Defense Authorization Act as it was implemented before it was enjoined in the Rothe court decision. The FY 2009 HBCU/MI Program received a congressional increase in the amount of $20.000 million. On 11/4/08, the U.S. Court of Appeals for the Federal Circuit found 10 U.S.C. 2323 to be unconstitutional. - The case stems from a 1998 Air Force contract awarded to a minority owned firm despite another firm having bid lower. The other firm sued. - While the case relates specifically to a small business preference authorized by 10 U.S.C. 2323, the court’s decision goes to 10 U.S.C. 2323 in its entirety, which also includes: -A goal to award 5 percent of extramural DoD funding to small disadvantaged businesses, HBCUs and minority institutions (MI) -Authorities to provide infrastructure assistance to HBCU/MI—e.g., through undergrad, graduate, and postdoctoral education programs; DoD lab partnerships with institutions for student training purposes; and equipment or laboratory renovation for defense research. - The court decision took effect December 26th unless DoJ/DoD ask for reconsideration or file an appeal, in which case the court likely would extend that date. - On February 26, 2009, in Rothe Development Corp. v. U.S. Department of Defense, et. al., No. SA-98-CA-1011-XR (W.D. TX), the court entered a final judgment granting Rothe's request for a complete injunction of the application of 10 U.S.C. 2323. - On March 10, 2009 the USD(AT&L) signed a memorandum to all of DoD stating that "Accordingly, as preliminary guidance, effective February 26, 2009, any activity, which includes but is not limited to the award of contracts and orders under contracts, advance payments, and the award of grants or scholarships or the addition of funds to existing grants and scholarships, that rely exclusively on the authority of 10 U.S.C. 2323 should cease". - On June 18, 2009 the USD(AT&L) signed a memorandum requesting information on all activities the DoD Components have relied on 10 U.S.C. 2323 as the sole authority. - The FY 2009 DoD HBCU/MI Program was on hold until DoD hears back from Congress and the DOJ on new legislation for the program to continue.
- Service Agency Name
- Office of Secretary Of Defense