[116th Congress Public Law 270]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 3325]]
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. <<NOTE: Dec. 31, 2020 - [S. 461]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: HBCU Propelling
Agency Relationships Towards a New Era of Results for Students Act. 20
USC 1001 note.>>
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. <<NOTE: 20 USC 1063d note.>> 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.
[[Page 134 STAT. 3326]]
(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. <<NOTE: 20 USC 1063d note.>> 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.
[[Page 134 STAT. 3327]]
(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. <<NOTE: 20 USC 1063d.>> STRENGTHENING HBCUS THROUGH
FEDERAL AGENCY PLANS.
(a) <<NOTE: Consultation.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Public information. Web posting.>> 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;
[[Page 134 STAT. 3328]]
(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) <<NOTE: Criteria.>> 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. <<NOTE: 20 USC 1063e.>> PRESIDENT'S BOARD OF ADVISORS ON
HBCUS.
(a) Administration.--
(1) <<NOTE: Establishment.>> 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.
[[Page 134 STAT. 3329]]
(B) <<NOTE: Time period.>> 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) <<NOTE: Guidelines.>> 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.
[[Page 134 STAT. 3330]]
(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.
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