20 U.S.C. § 1063e — President’s Board of Advisors on HBCUs

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 HBCUs. ‘‘(6) A March 2017 report from the Education Trust concluded that HBCUs have higher completion rates for African American students than other institu- tions 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 Amer- ican judges are graduates of HBCUs. ‘‘(8) According to NAFEO, HBCUs graduate approxi- mately 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 Amer- ican graduates of HBCUs are almost twice as likely as African Americans who graduated from other in- stitutions 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 im- pact 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 Gov- ernment and many State governments, resource in- equities 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 equal- izing 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 eco- nomic competitiveness priorities of the United States; ‘‘(3) to provide students enrolled at HBCUs with the highest quality educational and economic opportuni- ties; ‘‘(4) to bolster and facilitate productive inter- actions between HBCUs and Federal agencies; and ‘‘(5) to encourage HBCU participation in and benefit from Federal programs, grants, contracts, and coop- erative agreements.’’ DEFINITIONS Pub. L. 116–270, § 3, Dec. 31, 2020, 134 Stat. 3326, pro- vided that: ‘‘In this Act [see Short Title of 2020 Amend- ment note set out under section 1001 of this title]: ‘‘(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 Serv- ices; ‘‘(G) the Department of Homeland Security; ‘‘(H) the Department of Housing and Urban Devel- opment; ‘‘(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 Admin- istration; ‘‘(Q) the National Oceanic and Atmospheric Ad- ministration; ‘‘(R) the National Science Foundation; ‘‘(S) the Small Business Administration; and ‘‘(T) any other Federal agency designated as an applicable agency under section 4 [enacting this section]. ‘‘(2) EXECUTIVE DIRECTOR.—The term ‘Executive Di- rector’ means— ‘‘(A) the Executive Director of the White House Initiative on Historically Black Colleges and Uni- versities, 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.’’ § 1063e. 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 Exec- utive Office of the President. Page 300 TITLE 20—EDUCATION § 1064 1 So in original. 2 See References in Text note below. (2) Funding from ED 1 Except as provided in paragraph (3), the Sec- retary shall provide funding and administra- tive support for the President’s Board of Advi- sors, subject to the availability of appropria- tions. (3) Funding from the Executive Office of the President If the President elects to locate the Presi- dent’s Board of Advisors within the Executive Office of the President, the Executive Office of the President shall provide funding and ad- ministrative support for the President’s Board of Advisors, subject to the availability of ap- propriations. (b) Membership (1) In general The President shall appoint not more than 23 members to the President’s Board of Advi- sors, and the Secretary and Executive Direc- tor 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 Sec- retary and in consultation with the Execu- tive Director. (B) Consultation The Chair shall also consult with the Exec- utive Director regarding the time and loca- tion of meetings of the President’s Board of Advisors, which shall take place not less fre- quently than once every 6 months. (C) Performance Insofar as the Federal Advisory Com- mittee Act (5 U.S.C. App.) 2 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 Advi- sors shall serve without compensation, but shall be reimbursed for travel expenses, in- cluding per diem in lieu of subsistence, as au- thorized by law. (c) Mission and functions The President’s Board of Advisors shall advise the President, through the White House Initia- tive, on all matters pertaining to strengthening the educational capacity of HBCUs, which shall include the following: (1) Improving the identity, visibility, dis- tinctive capabilities, and overall competitive- ness 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 re- main fiscally secure institutions that can as- sist 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 con- text for decisions about HBCU partnerships, investments, performance goals, priorities, human capital development, and budget plan- ning. (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. (Pub. L. 116–270, § 5, Dec. 31, 2020, 134 Stat. 3328.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (b)(2)(C), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Gov- ernment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. 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. PART C—ENDOWMENT CHALLENGE GRANTS FOR INSTITUTIONS ELIGIBLE FOR ASSISTANCE UNDER PART A OR PART B § 1064. Repealed. Pub. L. 102–325, title III, § 304(a)(2), July 23, 1992, 106 Stat. 476 Section, Pub. L. 89–329, title III, § 331, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1298, related to establishment of challenge grant program. A prior section 1064, Pub. L. 89–329, title III, § 331, as added Pub. L. 96–374, title III, § 301, Oct. 3, 1980, 94 Stat. 1395; amended Pub. L. 97–35, title V, § 516(c)(2), Aug. 13, 1981, 95 Stat. 447, established a challenge grant pro- gram, prior to the general revision of this subchapter by Pub. L. 99–498. Another prior section 1064, Pub. L. 89–329, title IV, § 404, Nov. 8, 1965, 79 Stat. 1233, related to time and man- ner of making application for grant, selection of recipi- ents and conditions precedent to award, prior to the general revision of part A of subchapter IV of this chap- ter by Pub. L. 92–318, title I, § 131(b)(1), June 23, 1972, 86 Stat. 247. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1992, see section 2 of Pub. L. 102–325, set out as an Effective Date of 1992 Amendment note under section 1001 of this title.