20 U.S.C. § 1063b — Professional or graduate institutions

Page 294 TITLE 20—EDUCATION § 1063a 1 See References in Text note below. 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective Oct. 1, 1997, except as otherwise provided in title XI of Pub. L. 105–33, see section 11721 of Pub. L. 105–33, set out as a note under section 4246 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title. § 1063a. Applications (a) Contents No part B institution shall be entitled to its allotment of Federal funds for any grant under section 1063 of this title for any period unless that institution meets the requirements of sub- paragraphs (C), (D), and (E) 1 of section 1058(b)(1) of this title and submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. Each such application shall— (1) provide that the payments under this chapter will be used for the purposes set forth in section 1062 of this title; and (2) provide for making an annual report to the Secretary and provide for— (A) conducting, except as provided in sub- paragraph (B), a financial and compliance audit of an eligible institution, with regard to any funds obtained by it under this sub- chapter at least once every 2 years and cov- ering the period since the most recent audit, conducted by a qualified, independent orga- nization or person in accordance with stand- ards established by the Comptroller General for the audit of governmental organizations, programs, and functions, and as prescribed in regulations of the Secretary, the results of which shall be submitted to the Sec- retary; or (B) with regard to an eligible institution which is audited under chapter 75 of title 31 deeming such audit to satisfy the require- ments of subparagraph (A) for the period covered by such audit. (b) Approval The Secretary shall approve any application which meets the requirements of subsection (a) and shall not disapprove any application sub- mitted under this part, or any modification thereof, without first affording such institution reasonable notice and opportunity for a hearing. (c) Goals for financial management and aca- demic programs Any application for a grant under this part shall describe measurable goals for the institu- tion’s financial management and academic pro- grams and include a plan of how the applicant intends to achieve those goals. (Pub. L. 89–329, title III, § 325, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1296; amended Pub. L. 100–50, § 2(a)(8), June 3, 1987, 101 Stat. 335; Pub. L. 102–325, title III, § 303(e), July 23, 1992, 106 Stat. 475.) Editorial Notes REFERENCES IN TEXT Section 1058(b)(1)(E) of this title, referred to in sub- sec. (a), was repealed and section 1058(b)(1)(F) was re- designated section 1058(b)(1)(E) by Pub. L. 102–325, title III, § 302(a)(1)(B), (C), July 23, 1992, 106 Stat. 472. AMENDMENTS 1992—Subsec. (c). Pub. L. 102–325 added subsec. (c). 1987—Subsec. (a)(1). Pub. L. 100–50 substituted ‘‘sec- tion 1062 of this title’’ for ‘‘section 1061 of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. § 1063b. Professional or graduate institutions (a) General authorization (1) Subject to the availability of funds appro- priated to carry out this section, the Secretary shall award program grants to each of the post- graduate institutions listed in subsection (e) that is determined by the Secretary to be mak- ing a substantial contribution to the legal, med- ical, dental, veterinary, or other graduate edu- cation opportunities in mathematics, engineer- ing, or the physical or natural sciences for Black Americans. (2) No grant in excess of $1,000,000 may be made under this section unless the postgraduate institution provides assurances that 50 percent of the cost of the purposes for which the grant is made will be paid from non-Federal sources, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made available to each eligible insti- tution under the funding rules described in sub- section (f), the Secretary shall distribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an in- stitution to comply with the matching require- ments of this paragraph) among the institutions that have complied with such matching require- ment. (b) Duration Grants shall be made for a period not to ex- ceed 5 years. Any funds awarded for such five- year grant period that are obligated during such five-year period may be expended during the 10- year period beginning on the first day of such five-year period. (c) Uses of funds A grant under this section may be used for— (1) purchase, rental or lease of scientific or laboratory equipment for educational pur- poses, including instructional and research purposes; Page 295 TITLE 20—EDUCATION § 1063b (2) construction, maintenance, renovation, and improvement in classroom, library, lab- oratory, and other instructional facilities, in- cluding purchase or rental of telecommuni- cations technology equipment or services; (3) purchase of library books, periodicals, technical and other scientific journals, micro- film, microfiche, and other educational mate- rials, including telecommunications program materials; (4) scholarships, fellowships, and other fi- nancial assistance for needy graduate and pro- fessional students to permit the enrollment of the students in and completion of the doctoral degree in medicine, dentistry, pharmacy, vet- erinary medicine, law, and the doctorate de- gree in the physical or natural sciences, engi- neering, mathematics, or other scientific dis- ciplines in which African Americans are underrepresented; (5) establishing or improving a development office to strengthen and increase contribu- tions from alumni and the private sector; (6) assisting in the establishment or mainte- nance of an institutional endowment to facili- tate financial independence pursuant to sec- tion 1065 of this title; (7) funds and administrative management, and the acquisition of equipment, including software, for use in strengthening funds man- agement and management information sys- tems; (8) acquisition of real property that is adja- cent to the campus in connection with the construction, renovation, or addition to or im- provement of campus facilities; (9) education or financial information de- signed to improve the financial literacy and economic literacy of students or the students’ families, especially with regard to student in- debtedness and student assistance programs under subchapter IV; (10) services necessary for the implementa- tion of projects or activities that are described in the grant application and that are ap- proved, in advance, by the Secretary, except that not more than two percent of the grant amount may be used for this purpose; (11) tutoring, counseling, and student service programs designed to improve academic suc- cess; and (12) other activities proposed in the applica- tion submitted under subsection (d) that— (A) contribute to carrying out the pur- poses of this part; and (B) are approved by the Secretary as part of the review and acceptance of such applica- tion. (d) Application Any institution eligible for a grant under this section shall submit an application which— (1) demonstrates how the grant funds will be used to improve graduate educational opportu- nities for Black and low-income students, and lead to greater financial independence; and (2) provides, in the case of applications for grants in excess of $1,000,000, the assurances required by subsection (a)(2) and specifies the manner in which the eligible institution is going to pay the non-Federal share of the cost of the application. (e) Eligibility (1) In general Independent professional or graduate insti- tutions and programs eligible for grants under subsection (a) are the following: (A) Morehouse School of Medicine; (B) Meharry Medical School; (C) Charles R. Drew Postgraduate Medical School; (D) Clark-Atlanta University; (E) Tuskegee University School of Veteri- nary Medicine and other qualified graduate programs; (F) Xavier University School of Pharmacy and other qualified graduate programs; (G) Southern University School of Law and other qualified graduate programs; (H) Texas Southern University School of Law and School of Pharmacy and other qualified graduate programs; (I) Florida A&M University School of Pharmaceutical Sciences and other qualified graduate programs; (J) North Carolina Central University School of Law and other qualified graduate programs; (K) Morgan State University qualified graduate program; (L) Hampton University qualified graduate program; (M) Alabama A&M qualified graduate pro- gram; (N) North Carolina A&T State University qualified graduate program; (O) University of Maryland Eastern Shore qualified graduate program; (P) Jackson State University qualified graduate program; (Q) Norfolk State University qualified graduate programs; (R) Tennessee State University qualified graduate programs; (S) Alabama State University qualified graduate programs; (T) Prairie View A&M University qualified graduate programs; (U) Delaware State University qualified graduate programs; (V) Langston University qualified grad- uate programs; (W) Bowie State University qualified grad- uate programs; and (X) University of the District of Columbia David A. Clarke School of Law. (2) Qualified graduate program (A) For the purposes of this section, the term ‘‘qualified graduate program’’ means a graduate or professional program that pro- vides a program of instruction in law or in the physical or natural sciences, engineering, mathematics, psychometrics, or other sci- entific discipline in which African Americans are underrepresented and has students en- rolled in such program at the time of applica- tion for a grant under this section. (B) Notwithstanding the enrollment require- ment contained in subparagraph (A), an insti- tution may use an amount equal to not more than 10 percent of the institution’s grant under this section for the development of a new qualified graduate program. Page 296 TITLE 20—EDUCATION § 1063b 1 So in original. Probably should be ‘‘subparagraphs (A) to (X) of subsection (e)(1)’’. (3) Special rule Institutions that were awarded grants under this section prior to October 1, 2008, shall con- tinue to receive such grants, subject to the availability of appropriated funds, regardless of the eligibility of the institutions described in subparagraphs (S) through (X) of paragraph (1). (4) One grant per institution The Secretary shall not award more than 1 grant under this section in any fiscal year to any institution of higher education. (5) Institutional choice The president or chancellor of the institu- tion may decide which graduate or profes- sional school or qualified graduate program will receive funds under the grant in any 1 fis- cal year, if the allocation of funds among the schools or programs is delineated in the appli- cation for funds submitted to the Secretary under this section. (f) Funding rule Subject to subsection (g), of the amount ap- propriated to carry out this section for any fis- cal year— (1) the first $56,900,000 (or any lesser amount appropriated) shall be available only for the purposes of making grants to institutions or programs described in subparagraphs (A) through (R) of subsection (e)(1); (2) any amount in excess of $56,900,000, but not in excess of $62,900,000, shall be available for the purpose of making grants to institu- tions or programs described in subparagraphs (S) through (X) of subsection (e)(1); and (3) any amount in excess of $62,900,000, shall be made available to each of the institutions or programs identified in subparagraphs (A) through (X) 1 pursuant to a formula developed by the Secretary that uses the following ele- ments: (A) The ability of the institution to match Federal funds with non-Federal funds. (B) The number of students enrolled in the programs for which the eligible institution received funding under this section in the previous year. (C) The average cost of education per stu- dent, for all full-time graduate or profes- sional students (or the equivalent) enrolled in the eligible professional or graduate school, or for doctoral students enrolled in the qualified graduate programs. (D) The number of students in the previous year who received their first professional or doctoral degree from the programs for which the eligible institution received funding under this section in the previous year. (E) The contribution, on a percent basis, of the programs for which the institution is eli- gible to receive funds under this section to the total number of African Americans re- ceiving graduate or professional degrees in the professions or disciplines related to the programs for the previous year. (g) Hold harmless rule Notwithstanding paragraphs (2) and (3) of sub- section (f), no institution or qualified program identified in subsection (e)(1) that received a grant for fiscal year 2008 and that is eligible to receive a grant in a subsequent fiscal year shall receive a grant amount in any such subsequent fiscal year that is less than the grant amount received for fiscal year 2008, unless the amount appropriated is not sufficient to provide such grant amounts to all such institutions and pro- grams, or the institution cannot provide suffi- cient matching funds to meet the requirements of this section. (h) Interaction with other grant programs No institution that is eligible for and receives an award under section 1102a, 1136a, or 1136b of this title for a fiscal year shall be eligible to apply for a grant, or receive grant funds, under this section for the same fiscal year. (Pub. L. 89–329, title III, § 326, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1297; amended Pub. L. 100–50, § 2(a)(9), (10), June 3, 1987, 101 Stat. 335; Pub. L. 102–325, title III, § 303(f)(1), (g), July 23, 1992, 106 Stat. 475, 476; Pub. L. 103–208, § 2(a)(9), Dec. 20, 1993, 107 Stat. 2457; Pub. L. 104–141, § 2, May 6, 1996, 110 Stat. 1328; Pub. L. 105–244, title III, § 304(b), Oct. 7, 1998, 112 Stat. 1643; Pub. L. 110–315, title III, § 311, Aug. 14, 2008, 122 Stat. 3178.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–315, § 311(a), inserted at end ‘‘Any funds awarded for such five-year grant period that are obligated during such five-year period may be expended during the 10-year period beginning on the first day of such five-year period.’’ Subsec. (c)(5). Pub. L. 110–315, § 311(b)(1), substituted ‘‘establishing or improving’’ for ‘‘establish or im- prove’’. Subsec. (c)(6). Pub. L. 110–315, § 311(b)(2), substituted ‘‘assisting’’ for ‘‘assist’’ and struck out ‘‘and’’ after semicolon. Subsec. (c)(8) to (12). Pub. L. 110–315, § 311(b)(3), (4), added pars. (8) to (12). Subsec. (e)(1). Pub. L. 110–315, § 311(c)(1)(A), inserted a colon after ‘‘the following’’ in introductory provisions. Subsec. (e)(1)(S) to (X). Pub. L. 110–315, § 311(c)(1)(B)–(D), added subpars. (S) to (X). Subsec. (e)(2)(A). Pub. L. 110–315, § 311(c)(3), inserted ‘‘in law or’’ after ‘‘instruction’’ and substituted ‘‘math- ematics, psychometrics, or’’ for ‘‘mathematics, or’’. Subsec. (e)(3). Pub. L. 110–315, § 311(c)(2), substituted ‘‘2008’’ for ‘‘1998’’ and ‘‘subparagraphs (S) through (X)’’ for ‘‘subparagraphs (Q) and (R)’’. Subsec. (e)(4). Pub. L. 110–315, § 311(c)(4), struck out ‘‘or university system’’ after ‘‘higher education’’. Subsec. (f)(1). Pub. L. 110–315, § 311(d)(1), substituted ‘‘$56,900,000’’ for ‘‘$26,600,000’’ and ‘‘through (R)’’ for ‘‘through (P)’’. Subsec. (f)(2). Pub. L. 110–315, § 311(d)(2), substituted ‘‘$56,900,000, but not in excess of $62,900,000’’ for ‘‘$26,600,000, but not in excess of $28,600,000’’ and ‘‘sub- paragraphs (S) through (X)’’ for ‘‘subparagraphs (Q) and (R)’’. Subsec. (f)(3). Pub. L. 110–315, § 311(d)(3), in introduc- tory provisions, substituted ‘‘$62,900,000’’ for ‘‘$28,600,000’’ and ‘‘through (X)’’ for ‘‘through (R)’’. Subsec. (g). Pub. L. 110–315, § 311(e), substituted ‘‘2008’’ for ‘‘1998’’ in two places. Subsec. (h). Pub. L. 110–315, § 311(f), added subsec. (h). 1998—Subsec. (a)(1). Pub. L. 105–244, § 304(b)(1)(A)(i), inserted ‘‘in mathematics, engineering, or the physical Page 297 TITLE 20—EDUCATION § 1063b or natural sciences’’ after ‘‘graduate education oppor- tunities’’. Subsec. (a)(2). Pub. L. 105–244, § 304(b)(1)(A)(ii), sub- stituted ‘‘$1,000,000 may’’ for ‘‘$500,000 may’’ and ‘‘, except that no institution shall be required to match any portion of the first $1,000,000 of the institution’s award from the Secretary. After funds are made avail- able to each eligible institution under the funding rules described in subsection (f), the Secretary shall dis- tribute, on a pro rata basis, any amounts which were not so made available (by reason of the failure of an in- stitution to comply with the matching requirements of this paragraph) among the institutions that have com- plied with such matching requirement.’’ for ‘‘except that the Morehouse School of Medicine shall receive at least $3,000,000.’’ Subsec. (c). Pub. L. 105–244, § 304(b)(2), added pars. (1) to (7) and struck out former pars. (1) to (3) which read as follows: ‘‘(1) any of the purposes enumerated under section 1062 of this title; ‘‘(2) to establish or improve a development office to strengthen and increase contributions from alumni and the private sector; and ‘‘(3) to assist in the establishment or maintenance of an institutional endowment to facilitate financial inde- pendence pursuant to section 1065 of this title.’’ Subsec. (d)(2). Pub. L. 105–244, § 304(b)(1)(B), sub- stituted ‘‘$1,000,000’’ for ‘‘$500,000’’. Subsec. (e)(1). Pub. L. 105–244, § 304(b)(3)(A)(i), sub- stituted ‘‘are the following’’ for ‘‘include—’’ in intro- ductory provisions. Subsec. (e)(1)(E) to (J). Pub. L. 105–244, § 304(b)(3)(A)(ii), inserted ‘‘and other qualified graduate programs’’ before semicolon at end. Subsec. (e)(1)(P). Pub. L. 105–244, § 304(b)(3)(A)(iv)(I), inserted ‘‘University’’ after ‘‘State’’. Subsec. (e)(1)(Q), (R). Pub. L. 105–244, § 304(b)(3)(A)(iii), (iv)(II), (III), added subpars. (Q) and (R). Subsec. (e)(2). Pub. L. 105–244, § 304(b)(3)(B), added par. (2) and struck out heading and text of former par. (2). Text read as follows: ‘‘For the purposes of this section, the term ‘qualified graduate program’ means a grad- uate or professional program that— ‘‘(A) provides a program of instruction in the phys- ical or natural sciences, engineering, mathematics, or other scientific discipline in which African Ameri- cans are underrepresented; and ‘‘(B) has students enrolled in such program at the time of application for a grant under this section.’’ Subsec. (e)(3). Pub. L. 105–244, § 304(b)(3)(B), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘Graduate institutions that were awarded grants under this section prior to October 1, 1992 shall continue to receive such grant payments, re- gardless of the eligibility of the graduate institutions described in subparagraphs (F) through (P), until such grant period has expired or September 30, 1993, which- ever is later.’’ Subsec. (e)(5). Pub. L. 105–244, § 304(b)(3)(C), added par. (5). Subsec. (f). Pub. L. 105–244, § 304(b)(4)(A), substituted ‘‘Subject to subsection (g), of the amount appro- priated’’ for ‘‘Of the amount appropriated’’ in introduc- tory provisions. Subsec. (f)(1). Pub. L. 105–244, § 304(b)(4)(B), sub- stituted ‘‘$26,600,000’’ for ‘‘$12,000,000’’ and ‘‘(A) through (P)’’ for ‘‘(A) through (E)’’. Subsec. (f)(2), (3). Pub. L. 105–244, § 304(b)(4)(C), added pars. (2) and (3) and struck out former par. (2) which read as follows: ‘‘any amount appropriated in excess of $12,000,000 shall be available— ‘‘(A) for the purposes of making grants, in equal amounts not to exceed $500,000, to institutions or pro- grams described in subparagraphs (F) through (P) of subsection (e)(1) of this section; and ‘‘(B) secondly for the purposes of making grants to institutions or programs described in subparagraphs (A) through (P) of subsection (e)(1) of this section.’’ Subsec. (g). Pub. L. 105–244, § 304(b)(5), added subsec. (g). 1996—Subsec. (b). Pub. L. 104–141 struck out at end ‘‘No more than two 5-year grants (for a period of not more than 10 years) may be made to any one under- graduate or postgraduate institution.’’ 1993—Subsec. (e)(2). Pub. L. 103–208 redesignated sub- par. (C) as (B) and struck out former subpar. (B) which read as follows: ‘‘has been accredited by a nationally recognized accrediting agency or association or has been approved by a nationally recognized approving agency; and’’. 1992—Subsec. (e). Pub. L. 102–325, § 303(f)(1), sub- stituted ‘‘Eligibility’’ for ‘‘Eligible professional or graduate institutions’’ in heading and amended text generally. Prior to amendment, text read as follows: ‘‘Independent professional or graduate institutions eli- gible for grants under subsection (a) of this section in- clude— ‘‘(1) Morehouse School of Medicine; ‘‘(2) Meharry Medical School; ‘‘(3) Charles R. Drew Postgraduate Medical School; ‘‘(4) Atlanta University; and ‘‘(5) Tuskegee Institute School of Veterinary Medi- cine.’’ Subsec. (f). Pub. L. 102–325, § 303(g), added subsec. (f). 1987—Subsec. (a)(2). Pub. L. 100–50, § 2(a)(9), inserted ‘‘except that the Morehouse School of Medicine shall receive at least $3,000,000’’. Subsec. (c)(3). Pub. L. 100–50, § 2(a)(10), made technical amendment to reference to section 1065 of this title to correct reference to corresponding section of original act. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Pub. L. 102–325, except as otherwise provided, see section 5(a) of Pub. L. 103–208, set out as a note under section 1051 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–325 effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as a note under section 1001 of this title. EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. CONGRESSIONAL FINDINGS Pub. L. 104–141, § 1, May 6, 1996, 110 Stat. 1328, provided that: ‘‘The Congress finds the following: ‘‘(1) The Historically Black Graduate Professional Schools identified under section 326 of the Higher Education Act [20 U.S.C. 1063b] may receive grant funds if the Secretary of Education determines that such institutions make a substantial contribution to the legal, medical, dental, veterinary, or other grad- uate opportunity for African Americans. ‘‘(2) The health professions schools which partici- pate under section 326 train 50 percent of the Nation’s African American physicians, 50 percent of the Na- tion’s African American dentists, 50 percent of the Nation’s African American pharmacists, and 75 per- cent of the Nation’s African American veterinarians. ‘‘(3) A majority of the graduates of these schools practice in poor urban and rural areas of the country providing care to many disadvantaged Americans. ‘‘(4) The survival of these schools will contribute to the improved health status of disadvantaged persons, and of all Americans.’’ Page 298 TITLE 20—EDUCATION § 1063c § 1063c. Reporting and audit requirements (a) Recordkeeping Each recipient of a grant under this part shall keep such records as the Secretary shall pre- scribe, including records which fully disclose— (1) the amount and disposition by such re- cipient of the proceeds of such assistance; (2) the cost of the project or undertaking in connection with which such assistance is given or used; (3) the amount of that portion of the cost of the project or undertaking supplied by other sources; and (4) such other records as will facilitate an ef- fective audit. (b) Use of unexpended funds Any funds paid to an institution and not ex- pended or used for the purposes for which the funds were paid during the five-year period fol- lowing the date of the initial grant award, may be carried over and expended during the suc- ceeding five-year period, if such funds were obli- gated for a purpose for which the funds were paid during the five-year period following the date of the initial grant award. (Pub. L. 89–329, title III, § 327, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298; amended Pub. L. 100–50, § 2(a)(11), June 3, 1987, 101 Stat. 335; Pub. L. 110–315, title III, § 312, Aug. 14, 2008, 122 Stat. 3180.) Editorial Notes AMENDMENTS 2008—Subsec. (b). Pub. L. 110–315 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Any funds paid to an institution and not expended or used for the purposes for which the funds were paid within 10 years following the date of the initial grant awarded to an institution under part B of this sub- chapter shall be repaid to the Treasury of the United States.’’ 1987—Subsec. (a). Pub. L. 100–50 substituted ‘‘part’’ for ‘‘chapter’’ in introductory text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Amendment by Pub. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Pub. L. 99–498, see section 27 of Pub. L. 100–50, set out as a note under section 1001 of this title. § 1063d. Strengthening HBCUs through Federal agency plans (a) Designating applicable agencies The Secretary, in consultation with the Exec- utive 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 pro- grams and initiatives under the jurisdiction of such Federal agency; and (2) designate each Federal agency so identi- fied 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 Com- mittee on Health, Education, Labor, and Pen- sions of the Senate, the Committee on Edu- cation and Labor of the House of Representa- tives, 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 appli- cable agency as described in subsection (a)(1)(B). (c) Further requirements for submission and ac- cessibility The Executive Director shall make all annual Agency Plan submissions publicly available on- line in a user-friendly format. (d) Agency plan content Where appropriate, each Agency Plan shall in- clude— (1) a description of how the applicable agen- cy 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 appli- cable agency in which HBCUs are underrep- resented; (3) an outline of proposed efforts to improve HBCUs’ participation in such programs and initiatives; (4) a description of any progress made to- wards 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 agen- cy plans to encourage public-sector, private- sector, and community involvement to im- prove the capacity of HBCUs to compete effec- tively 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 initia- tives 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 pro- posals 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. (Pub. L. 116–270, § 4, Dec. 31, 2020, 134 Stat. 3327.)