[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 461 Enrolled Bill (ENR)]
S.461
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To strengthen the capacity and competitiveness of historically Black
colleges and universities through robust public-sector, private-sector,
and community partnerships and engagement, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HBCU Propelling Agency Relationships
Towards a New Era of Results for Students Act'' or the ``HBCU PARTNERS
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) As many colleges and universities across the country kept
their doors closed to African American applicants, historically
Black colleges and universities (referred to in this section as
``HBCUs'') played a central role in ensuring that African Americans
could attain an excellent education.
(2) Today, HBCUs continue to play a critical role in ensuring
that African Americans, and those of all races, can access high-
quality educational opportunities.
(3) HBCUs enroll nearly 300,000 students, an estimated 70
percent of whom come from low-income backgrounds and 80 percent of
whom are African American.
(4) According to the National Association For Equal Opportunity
In Higher Education (referred to in this section as ``NAFEO''),
HBCUs make up just 3 percent of American institutions of higher
education but serve more than a fifth of African American college
students.
(5) According to the Thurgood Marshall College Fund (referred
to in this section as ``TMCF''), approximately 9 percent of all
African American college students attend HBCUs.
(6) A March 2017 report from the Education Trust concluded that
HBCUs have higher completion rates for African American students
than other institutions serving similar student populations.
(7) According to TMCF, 40 percent of African American Members
of Congress, 50 percent of African American lawyers, and 80 percent
of African American judges are graduates of HBCUs.
(8) According to NAFEO, HBCUs graduate approximately 50 percent
of African American public school teaching professionals.
(9) According to the United Negro College Fund (referred to in
this section as ``UNCF''), African American graduates of HBCUs are
almost twice as likely as African Americans who graduated from
other institutions to report that their university prepared them
well for life.
(10) According to a study commissioned by UNCF, in 2014, HBCUs
generated a total direct economic impact of $14,800,000,000 and
created more than 134,000 jobs.
(11) According to a 2019 report produced by the American
Council on Education and UNCF, despite efforts to counter a
historical legacy of inequitable funding and notable investments by
the Federal Government and many State governments, resource
inequities continue to plague HBCUs.
(b) Purposes.--The purposes of this Act are--
(1) to strengthen the capacity and competitiveness of HBCUs to
fulfill their principal mission of equalizing educational
opportunity, as described in section 301(b) of the Higher Education
Act of 1965 (20 U.S.C. 1051(b));
(2) to align HBCUs with the educational and economic
competitiveness priorities of the United States;
(3) to provide students enrolled at HBCUs with the highest
quality educational and economic opportunities;
(4) to bolster and facilitate productive interactions between
HBCUs and Federal agencies; and
(5) to encourage HBCU participation in and benefit from Federal
programs, grants, contracts, and cooperative agreements.
SEC. 3. DEFINITIONS.
In this Act:
(1) Applicable agency.--The term ``applicable agency'' means--
(A) the Department of Agriculture;
(B) the Department of Commerce;
(C) the Department of Defense;
(D) the Department of Education;
(E) the Department of Energy;
(F) the Department of Health and Human Services;
(G) the Department of Homeland Security;
(H) the Department of Housing and Urban Development;
(I) the Department of the Interior;
(J) the Department of Justice;
(K) the Department of Labor;
(L) the Department of State;
(M) the Department of Transportation;
(N) the Department of Treasury;
(O) the Department of Veterans Affairs;
(P) the National Aeronautics and Space Administration;
(Q) the National Oceanic and Atmospheric Administration;
(R) the National Science Foundation;
(S) the Small Business Administration; and
(T) any other Federal agency designated as an applicable
agency under section 4.
(2) Executive director.--The term ``Executive Director''
means--
(A) the Executive Director of the White House Initiative on
Historically Black Colleges and Universities, as designated by
the President; or
(B) if no such Executive Director is designated, such
person as the President may designate to lead the White House
Initiative on Historically Black Colleges and Universities.
(3) HBCU.--The term ``HBCU'' means a historically Black college
or university.
(4) Historically black college or university.--The term
``historically Black college or university'' has the meaning given
the term ``part B institution'' under section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(5) President's board of advisors.--The term ``President's
Board of Advisors'' means the President's Board of Advisors on
historically Black colleges and universities.
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Education.
(7) White house initiative.--The term ``White House
Initiative'' means the White House Initiative on historically Black
colleges and universities.
SEC. 4. STRENGTHENING HBCUS THROUGH FEDERAL AGENCY PLANS.
(a) Designating Applicable Agencies.--The Secretary, in
consultation with the Executive Director, shall--
(1) identify each Federal agency with which an HBCU--
(A) has entered into a grant, contract, or cooperative
agreement; or
(B) is eligible to participate in the programs and
initiatives under the jurisdiction of such Federal agency; and
(2) designate each Federal agency so identified as an
applicable agency.
(b) Submitting Agency Plans.--Not later than February 1 of each
year, the head of each applicable agency shall submit to the Secretary,
the Executive Director, the Committee on Health, Education, Labor, and
Pensions of the Senate, the Committee on Education and Labor of the
House of Representatives, and the President's Board of Advisors an
annual Agency Plan describing efforts to strengthen the capacity of
HBCUs to participate or be eligible to participate in the programs and
initiatives under the jurisdiction of such applicable agency as
described in subsection (a)(1)(B).
(c) Further Requirements for Submission and Accessibility.--The
Executive Director shall make all annual Agency Plan submissions
publicly available online in a user-friendly format.
(d) Agency Plan Content.--Where appropriate, each Agency Plan shall
include--
(1) a description of how the applicable agency intends to
increase the capacity of HBCUs to compete effectively for grants,
contracts, or cooperative agreements;
(2) an identification of Federal programs and initiatives under
the jurisdiction of the applicable agency in which HBCUs are
underrepresented;
(3) an outline of proposed efforts to improve HBCUs'
participation in such programs and initiatives;
(4) a description of any progress made towards advancing or
achieving goals and efforts from previous Agency Plans submitted
under this section by such applicable agency;
(5) a description of how the applicable agency plans to
encourage public-sector, private-sector, and community involvement
to improve the capacity of HBCUs to compete effectively for grants,
contracts, or cooperative agreements, and to participate in
programs and initiatives under the jurisdiction of such agency;
(6) an identification of programs and initiatives not listed in
a previous Agency Plan in which an HBCU may participate;
(7) any other information the applicable agency determines is
relevant to promoting opportunities to fund, partner, contract, or
otherwise interact with HBCUs; and
(8) any additional criteria established by the Secretary or the
White House Initiative.
(e) Agency Engagement.--To help fulfill the objectives of the
Agency Plans, the head of each applicable agency--
(1) shall provide, as appropriate, technical assistance and
information to the Executive Director to enhance communication with
HBCUs concerning the applicable agency's--
(A) programs and initiatives described in subsection
(d)(2); and
(B) the preparation of applications or proposals for
grants, contracts, or cooperative agreements; and
(2) shall appoint a senior official to report directly to the
agency head on the applicable agency's progress under this section.
SEC. 5. PRESIDENT'S BOARD OF ADVISORS ON HBCUS.
(a) Administration.--
(1) In general.--There is established the President's Board of
Advisors on historically Black colleges and universities in the
Department of Education or, if the President so elects, within the
Executive Office of the President.
(2) Funding from ed.--Except as provided in paragraph (3), the
Secretary shall provide funding and administrative support for the
President's Board of Advisors, subject to the availability of
appropriations.
(3) Funding from the executive office of the president.--If the
President elects to locate the President's Board of Advisors within
the Executive Office of the President, the Executive Office of the
President shall provide funding and administrative support for the
President's Board of Advisors, subject to the availability of
appropriations.
(b) Membership.--
(1) In general.--The President shall appoint not more than 23
members to the President's Board of Advisors, and the Secretary and
Executive Director or their designees shall serve as ex officio
members.
(2) Chair.--
(A) Designation.--The President shall designate one member
of the President's Board of Advisors to serve as its Chair, who
shall help direct the Board's work in coordination with the
Secretary and in consultation with the Executive Director.
(B) Consultation.--The Chair shall also consult with the
Executive Director regarding the time and location of meetings
of the President's Board of Advisors, which shall take place
not less frequently than once every 6 months.
(C) Performance.--Insofar as the Federal Advisory Committee
Act (5 U.S.C. App.) may apply to the President's Board of
Advisors, any functions of the President under such Act, except
for those of reporting to the Congress, shall be performed by
the Chair, in accordance with guidelines issued by the
Administrator of General Services.
(3) Compensation.--Members of the President's Board of Advisors
shall serve without compensation, but shall be reimbursed for
travel expenses, including per diem in lieu of subsistence, as
authorized by law.
(c) Mission and Functions.--The President's Board of Advisors shall
advise the President, through the White House Initiative, on all
matters pertaining to strengthening the educational capacity of HBCUs,
which shall include the following:
(1) Improving the identity, visibility, distinctive
capabilities, and overall competitiveness of HBCUs.
(2) Engaging the philanthropic, business, government, military,
homeland-security, and education communities in a national dialogue
regarding new HBCU programs and initiatives.
(3) Improving the ability of HBCUs to remain fiscally secure
institutions that can assist the Nation in achieving its
educational goals and in advancing the interests of all Americans.
(4) Elevating the public awareness of, and fostering
appreciation of, HBCUs.
(5) Encouraging public-private investments in HBCUs.
(6) Improving government-wide strategic planning related to
HBCU competitiveness to align Federal resources and provide the
context for decisions about HBCU partnerships, investments,
performance goals, priorities, human capital development, and
budget planning.
(d) Report.--The President's Board of Advisors shall report
annually to the President on the Board's progress in carrying out its
duties under this section.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.