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20 U.S.C. § 1063e — Strengthening HBCUs through Federal agency plans
Federal law — U.S. Code and appendices · legal_authorities
**(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 sub
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Source location: Title 20, Chapter 28, § 1063e; chapter-028-higher-education-resources-and-student-assistance.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Institution of higher education** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means an educational institution in any State that—
(1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of [section 1091(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1091/d&num=0&edition=prelim);
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(4) is a public or other nonprofit institution; and
(5) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.
**(b) Additional institutions included** For purposes of this chapter, other than subchapter IV, the term “institution of higher education” also includes—
(1) any school that provides not less than a 1-year program of training to prepare students for gainful employment in a re
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) the historically Black colleges and universities have contributed significantly to the effort to attain equal opportunity through postsecondary education for Black, low-income, and educationally disadvantaged Americans;
(2) States and the Federal Government have discriminated in the allocation of land and financial resources to support Black public institutions under the Morrill Act of 1862 [[7 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section301&num=0&edition=prelim) et seq.] and its progeny, and against public and private Black colleges and universities in the award of Federal grants and contracts, and the distribution of Federal resources under this chapter and other Federal programs which benefit institutions of higher education;
(3) the current state of Black colleges and universities is partly attributable to the discriminatory action of the States and the Federal Government and this discriminatory action requires the remedy of enhancement of Black postsecondary institutions to ensure their continuation and participation in fulfilling the Federal mission of equality of educational opportunity; and
(4) financial assistance to establish or strengthen the physical plants, financial management, academic resources, and endowments of the historically Black colleges and universities are appropriate methods to enhance these institutions and facilitate a decrease in reliance on governmental financial support and to encourage reliance on endowments and private sources.
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Federal law — U.S. Code and appendices · legal_authorities
Page 299
TITLE 20—EDUCATION
§ 1063e
Editorial Notes
CODIFICATION
This section was enacted as part of the HBCU Propel-
ling Agency Relationships Towards a New Era of Re-
sults for Students Act or the HBCU PARTNERS Act,
and not as part of the Higher Education Act of 1965
which comprises this chapter.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Education and Labor of House of Rep-
resentatives changed to Committee on Education and
the Workforce of House of Representatives by House
Resolution No. 5, One Hundred Eighteenth Congress,
Jan. 9, 2023.
FINDINGS AND PURPOSES
Pub. L. 116–270, § 2, Dec. 31, 2020, 134 Stat. 3325, pro-
vided that:
‘‘(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 univer-
sities (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 opportuni-
ties.
‘‘(3) HBCUs enroll nearly 300,000 students, an esti-
mated 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 col-
lege students.
‘‘(5) According to the Thurgood Marshall College
Fund (referred to in this section as ‘TMCF’), approxi-
mately 9 percent of all African American college stu-
dents attend
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