PUBLIC LAW 101-167—NOV. 21, 1989 103 STAT. 1249 (3) colleges and universities having a student body in which more than 40 percent of the students are Hispanic American, and (4) private voluntary organizations which are controlled by individuals who are socially and economically disadvantaged. (b)(1) In addition to other actions taken to carry out this section, the actions described in paragraphs (2) through (5) shall be taken with respect to development assistance and assistance for famine recovery and development in Africa for fiscal year 1990. (2) Notwithstanding any other provision of law, in order to achieve the goals of this section, the Administrator— (A) to the maximum extent practicable, shall utilize the authority of section 8(a) of the Small Business Act (15 U.S.C. 637(a)); (B) to the maximum extent practicable, shall enter into con- Contracts. tracts with small business concerns owned and controlled by socially and economically disadvantaged individuals— (i) using less than full and open competitive procedures under such terms and conditions as the Administrator deems appropriate, and (ii) using an administrative system for justifications and approvals that, in the Administrator's discretion, may best achieve the purpose of this section; and (C) shall issue regulations to require that any contract in Regulations. excess of $500,000 contain a provision requiring that no less than 10 percent of the dollar value of the contract be subcon- tracted to entities described in subsection (a), except— (i) to the extent the Administrator determines otherwise on a case-by-case or category-of-contract basis; and (ii) this subparagraph does not apply to any prime con- tractor that is an entity described in subsection (a). (3) Each person with contracting authority who is attached to the agency's headquarters in Washington, as well as all agency missions and regional offices, shall notify the agency's Office of Small and Disadvantaged Business Utilization at least 7 business days before advertising a contract in excess of $100,000, except to the extent that the Administrator determines otherwise on a case-by-case or cat- egory-of-contract basis. (4) The Administrator shall include, as part of the performance evaluation of any mission director of the agency, the mission direc- tor's efforts to carry out this section. (5) The Administrator shall submit to the Congress annual reports Reports, on the implementation of this section. Each such report shall specify the number and dollar value or amount (as the case may be) of prime contracts, subcontracts, grants, and cooperative agreements awarded to entities described in subsection (a) during the preceding fiscal year. (6) The Administrator shall issue interim regulations to carry out Regulations. this section within ninety days after the date of the enactment of this Act and final regulations within one hundred and eighty days after that date. (c) As used in this section, the term "socially and economically disadvantaged individuals" has the same meaning that term is given for purposes of section 133(c)(5) of the International Develop- ment and Food Assistance Act of 1977, except that the term includes women.
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