    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-270
    116th Congress

    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.

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    (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.

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    (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;

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    (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.

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    (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.

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    (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.

    Approved December 31, 2020.

    LEGISLATIVE HISTORY--S. 461:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Feb. 12, considered and passed
    Senate.
    Vol. 166 (2020):
    Dec. 7, considered and passed House,
    amended.
    Dec. 11, Senate concurred in House
    amendment.