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Notes

S. 461 — what changed

HBCU Propelling Agency Relationships Towards a New Era of Results for Students Act

From Referred in House to Enrolled Bill. 4 sections amended between Referred in House and Enrolled Bill.

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)
changed According to the National Association For Equal Opportunity In Higher Education, 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)
added 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)
renumbered was (2)(7) 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)
removed 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)
changed According to the Thurgood Marshall College Fund (referred to in this section as “TMCF”), 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)
changed According to UNCF, in 2013, NAFEO, HBCUs awarded a quarter graduate approximately 50 percent of all science, technology, engineering, and mathematics bachelor’s degrees awarded to African Americans.American public school teaching professionals.
(9)
changed According to TMCF, approximately 9 percent of all the United Negro College Fund (referred to in this section as “UNCF”), African American college students attend HBCUs.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)
changed According to a study commissioned by UNCF, African American graduates of in 2014, HBCUs are almost twice as likely as African Americans who graduated from other institutions to report that their university prepared them well for life.generated a total direct economic impact of $14,800,000,000 and created more than 134,000 jobs.
(11)
added 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)
changed Applicable agency— The term applicable agency means any Federal agency designated by the Secretary, in accordance with section 4.means—
(A)
added the Department of Agriculture;
(B)
added the Department of Commerce;
(C)
added the Department of Defense;
(D)
added the Department of Education;
(E)
added the Department of Energy;
(F)
added the Department of Health and Human Services;
(G)
added the Department of Homeland Security;
(H)
added the Department of Housing and Urban Development;
(I)
added the Department of the Interior;
(J)
added the Department of Justice;
(K)
added the Department of Labor;
(L)
added the Department of State;
(M)
added the Department of Transportation;
(N)
added the Department of Treasury;
(O)
added the Department of Veterans Affairs;
(P)
added the National Aeronautics and Space Administration;
(Q)
added the National Oceanic and Atmospheric Administration;
(R)
added the National Science Foundation;
(S)
added the Small Business Administration; and
(T)
added 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)
changed President's Board of Advisors— The term President's President’s Board of Advisors means the President's 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)
changed 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.shall—
(1)
added identify each Federal agency with which an HBCU—
(A)
added has entered into a grant, contract, or cooperative agreement; or
(B)
added is eligible to participate in the programs and initiatives under the jurisdiction of such Federal agency; and
(2)
added designate each Federal agency so identified as an applicable agency.
(b)
changed Submitting agency plans— Not later than February 1 of each year, the head of each applicable agency shall submit to the Secretary and Secretary, the Executive Director 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 relevant Federal the programs and initiatives under the jurisdiction of the such applicable agency.agency as described in subsection (a)(1)(B).
(c)
changed Further requirements for submission and accessibility— The head of each applicable agency Executive Director shall submit each make all annual Agency Plan described submissions publicly available online 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.a user-friendly format.
(d)
changed Agency plan content— Where appropriate, each Agency Plan shall, among other things—shall include—
(1)
changed establish a description of how the applicable agency intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements;
(2)
changed identify an identification of Federal programs and initiatives under the jurisdiction of the applicable agency where in which HBCUs are not well-represented;underrepresented;
(3)
changed an outline of proposed efforts to improve HBCUs’ participation in such programs and initiatives in which they are underrepresented;initiatives;
(4)
changed describe a description of any progress made towards advancing or achieving goals and efforts from previous Agency Plans;Plans submitted under this section by such applicable agency;
(5)
changed a description of how the applicable agency plans to encourage public-sector, private-sector, and community involvement in improving to improve the capacity of HBCUs; andHBCUs to compete effectively for grants, contracts, or cooperative agreements, and to participate in programs and initiatives under the jurisdiction of such agency;
(6)
changed meet, where relevant, any additional criteria established by the Secretary or the White House Initiative.an identification of programs and initiatives not listed in a previous Agency Plan in which an HBCU may participate;
(7)
added any other information the applicable agency determines is relevant to promoting opportunities to fund, partner, contract, or otherwise interact with HBCUs; and
(8)
added 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)
changed may shall 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; andagency’s—
(A)
added programs and initiatives described in subsection (d)(2); and
(B)
added 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)
changed In general— There is established the President's 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)
changed Funding from ED— Except as provided in paragraph (3), the Secretary shall provide funding and administrative support for the President's 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)
added Membership—
(1)
added 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)
added Chair—
(A)
added 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)
added 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)
added 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)
added 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.
(b)
removed 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 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)
changed Mission and functions— The President's 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 HBCUs, which shall advise the President in include the following areas: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)
changed 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 development, and budget planning.
(d)
changed Report— The President's President’s Board of Advisors shall report annually to the President on the Board’s progress in carrying out its duties under this section.