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[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.
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