[Congressional Record Volume 165, Number 27 (Tuesday, February 12, 2019)]
[Senate]
[Pages S1278-S1279]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SCOTT of South Carolina (for himself, Mr. Coons, Mr. 
        Perdue, Mr. Jones, Mr. Wicker, Ms. Harris, Mrs. Blackburn, Mr. 
        Kaine, Mrs. Hyde-Smith, Mr. Van Hollen, Mr. Tillis, Mr. Booker, 
        Ms. Klobuchar, Ms. Warren, Mr. Sanders, and Mr. Braun):
  S. 461. A bill 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; considered and passed.

                                 S. 461

       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, HBCUs make up just 3 percent 
     of American institutions of higher education but serve more 
     than a fifth of African American college students.
       (5) 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.
       (6) In 2014, HBCUs generated a total direct economic impact 
     of $14,800,000,000 and created more than 134,000 jobs, 
     according to a study commissioned by the United Negro College 
     Fund (referred to in this section as ``UNCF'').
       (7) According to the Thurgood Marshall College Fund 
     (referred to in this section as ``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 UNCF, in 2013, HBCUs awarded a quarter of 
     all science, technology, engineering, and mathematics 
     bachelor's degrees awarded to African Americans.
       (9) According to TMCF, approximately 9 percent of all 
     African American college students attend HBCUs.
       (10) According to 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.
       (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 any Federal agency designated by the Secretary, in 
     accordance with 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 identify 
     those Federal agencies that regularly interact with HBCUs and 
     designate them as applicable agencies.
       (b) Submitting Agency Plans.--Not later than February 1 of 
     each year, the head of each applicable agency shall submit to 
     the Secretary and the Executive Director an annual Agency 
     Plan describing efforts to strengthen the capacity of HBCUs 
     to participate in relevant Federal programs and initiatives 
     under the jurisdiction of the applicable agency.
       (c) Further Requirements for Submission and 
     Accessibility.--The head of each applicable agency shall 
     submit each annual Agency Plan described in subsection (b) to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and Labor of the 
     House of Representatives.
       (d) Agency Plan Content.--Where appropriate, each Agency 
     Plan shall, among other things--
       (1) establish how the applicable agency intends to increase 
     the capacity of HBCUs to compete effectively for grants, 
     contracts, or cooperative agreements;
       (2) identify Federal programs and initiatives under the 
     jurisdiction of the applicable agency where HBCUs are not 
     well-represented;
       (3) outline proposed efforts to improve HBCUs' 
     participation in such programs and initiatives in which they 
     are underrepresented;
       (4) describe any progress made towards advancing or 
     achieving goals and efforts from previous Agency Plans;
       (5) encourage public-sector, private-sector, and community 
     involvement in improving the capacity of HBCUs; and
       (6) meet, where relevant, 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) may provide, as appropriate, technical assistance and 
     information to the Executive Director to enhance 
     communication with HBCUs concerning the applicable agency's 
     program activities and 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.--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. 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

[[Page S1279]]

     consultation with the Executive Director. 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. 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. Insofar as the Federal 
     Advisory Committee Act (5 U.S.C. App.) may apply to the 
     Board, 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.
       (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. In particular, the President's 
     Board of Advisors shall advise the President in the following 
     areas:
       (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.
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