HBCU PARTNERS Act
PL 116-270 (S.461), enacted 12/31/2020

[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.

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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. <<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.

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                    (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.

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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:
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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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