20 U.S.C. § 1063d — Strengthening HBCUs through Federal

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.) 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.