 
      CHAPTER 28--HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
 
                    SUBCHAPTER III--INSTITUTIONAL AID
 
   Part B--Strengthening Historically Black Colleges and Universities
 
Sec. 1060. Findings and purposes

    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 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.

(Pub. L. 89-329, title III, Sec. 321, as added Pub. L. 99-498, title 
III, Sec. 301(a), Oct. 17, 1986, 100 Stat. 1294.)

                       References in Text

    The Morrill Act of 1862, referred to in par. (2), is act July 2, 
1862, ch. 130, 12 Stat. 503, as amended, also known as the First Morrill 
Act, which is classified generally to subchapter I (Sec. 301 et seq.) of 
chapter 13 of Title 7, Agriculture. For complete classification of this 
Act to the Code, see Short Title note set out under section 301 of Title 
7 and Tables.
    This chapter, referred to in par. (2), was in the original ``this 
Act'', meaning Pub. L. 89-329, as amended, known as the Higher Education 
Act of 1965. For complete classification of this Act to the Code, see 
Short Title note set out under section 1001 of this title and Tables.


                            Prior Provisions

    A prior section 1060, Pub. L. 89-329, title III, Sec. 321, as added 
Pub. L. 96-374, title III, Sec. 301, Oct. 3, 1980, 94 Stat. 1393, set 
out purpose and grant authority for program of aiding institutions with 
special needs, prior to the general revision of this subchapter by Pub. 
L. 99-498.
    Another prior section 1060, Pub. L. 90-575, title V, Sec. 504, Oct. 
16, 1968, 82 Stat. 1062, related to eligibility for student assistance 
because of conviction of crimes involving force, disruption, or seizure 
of property of educational institution; refusal to obey regulations or 
orders and disruption of administration of institution; other 
misconduct, disciplinary proceedings, and freedom of expression; and 
description of programs covered by such disqualification, prior to 
repeal by Pub. L. 92-318, title I, Sec. 139B(b), June 23, 1972, 86 Stat. 
282.

                        Executive Order No. 12320

    Ex. Ord. No. 12320, Sept. 15, 1981, 46 F.R. 46107, which provided 
for the development of a Federal program to achieve a significant 
increase in the participation by historically Black colleges and 
universities in Federally sponsored programs, was revoked by Ex. Ord. 
No. 12677, Apr. 28, 1989, 54 F.R. 18869, formerly set out below.

                        Executive Order No. 12677

    Ex. Ord. No. 12677, Apr. 28, 1989, 54 F.R. 18869, which provided for 
the development of a Federal program to achieve a significant increase 
in the participation by historically Black colleges and universities in 
Federally sponsored programs, was revoked by Ex. Ord. No. 12876, 
Sec. 13, Nov. 1, 1993, 58 F.R. 58735, set out below.

    Ex. Ord. No. 12876. Historically Black Colleges and Universities

    Ex. Ord. No. 12876, Nov. 1, 1993, 58 F.R. 58735, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, in order to advance the 
development of human potential, to strengthen the capacity of 
historically Black colleges and universities to provide quality 
education, and to increase opportunities to participate in and benefit 
from Federal programs, it is hereby ordered as follows:
    Section 1. There shall be established in the Department of Education 
the President's Board of Advisors on Historically Black Colleges and 
Universities (``Board of Advisors'' or ``Board''), a Presidential 
advisory committee. The Board of Advisors shall issue an annual report 
to the President on participation by historically Black colleges and 
universities in federally sponsored programs. The Board of Advisors will 
also provide advice to the Secretary of Education (``Secretary'') and in 
the annual report to the President on how to increase the private sector 
role in strengthening historically Black colleges and universities, with 
particular emphasis on enhancing institutional infrastructure and 
facilitating planning, development, and the use of new technologies to 
ensure the goal of long-term viability and enhancement of these 
institutions. Notwithstanding the provisions of any other Executive 
order, the responsibilities of the President under the Federal Advisory 
Committee Act, as amended (5 U.S.C. App.), which is applicable to the 
Board of Advisors, shall be performed by the Secretary, in accordance 
with the guidelines and procedures established by the Administrator of 
General Services.
    Sec. 2. The members of the Board of Advisors shall be appointed by 
the President. The Board shall include representatives of historically 
Black colleges and universities, other institutions of higher education, 
business and financial institutions, private foundations, and secondary 
education.
    Sec. 3. The White House Initiative on Historically Black Colleges 
and Universities, housed in the Department of Education, shall: (1) 
provide the staff, resources, and assistance for the Board of Advisors; 
(2) assist the Secretary in the role of liaison between the executive 
branch and historically Black colleges and universities; and (3) serve 
the Secretary in carrying out his responsibilities under this order.
    Sec. 4. To carry out the purposes of this order, each executive 
department and each agency designated by the Secretary shall, consistent 
with applicable law, enter into appropriate grants, contracts, or 
cooperative agreements with historically Black colleges and 
universities. The head of each agency subject to this order shall 
establish an annual goal for the amount of funds to be awarded in 
grants, contracts, or cooperative agreements to historically Black 
colleges and universities. Consistent with the funds available to the 
agency, the goal shall be an amount above the actual amount of such 
awards from the previous fiscal year and shall represent a substantial 
effort to increase the amounts available to historically Black colleges 
and universities for grants, contracts, or cooperative agreements. In 
order to facilitate the attainment of the goals established by this 
section, the head of each agency subject to this order shall provide 
technical assistance and information to historically Black colleges and 
universities regarding the program activities of the agency and the 
preparation of applications or proposals for grants, contracts, or 
cooperative agreements.
    Sec. 5. Each executive department and designated agency shall 
appoint a senior official, who is a full-time officer of the Federal 
Government and who is responsible for management or program 
administration, to report directly to the department or agency head or 
designated agency representative on department or agency activity under 
this order and to serve as liaison to the Board and White House 
Initiative. To the extent permitted by law and regulation, each 
executive department and designated agency shall provide appropriate 
information requested by the Board and the White House Initiative staff 
pursuant to this order.
    Sec. 6. Each executive department and designated agency shall 
develop an annual plan for, and shall document, the agency's effort to 
increase the ability of historically Black colleges and universities to 
participate in federally sponsored programs. These plans shall describe 
the measurable objectives for proposed agency actions to fulfill this 
order and shall be submitted at such time and in such form as the 
Secretary shall designate. In consultation with participating agencies, 
the Secretary shall review these plans and develop, with the advice of 
the Board of Advisors, an integrated Annual Federal Plan for Assistance 
to Historically Black Colleges and Universities for consideration by the 
President. The Secretary shall ensure that each president of a 
historically Black college or university is given the opportunity to 
comment on the proposed Annual Federal Plan prior to consideration by 
the President. Each participating agency shall submit to the Secretary 
and the Director of the Office of Management and Budget, an Annual 
Performance Report that shall measure each agency's performance against 
the objectives set forth in its annual plan. The Director of the Office 
of Management and Budget shall be responsible for overseeing compliance 
with the Annual Federal Plan.
    Sec. 7. Each year the Board of Advisors shall report to the 
President on the progress achieved in enhancing the role and 
capabilities of historically Black colleges and universities, including 
findings and recommendations on the Annual Performance Reports, 
described in Section 6, submitted by the participating agencies. The 
Secretary shall disseminate the annual report to appropriate members of 
the executive branch and make every effort to ensure that findings of 
the Board of Advisors are taken into account in the policies and actions 
of every executive agency.
    Sec. 8. The Department of Education, along with other Federal 
departments or agencies, shall work to encourage the private sector to 
assist historically Black colleges and universities through increased 
use of such devices and activities as: (1) private sector matching funds 
to support increased endowments; (2) private sector task forces for 
institutions in need of assistance; and (3) private sector expertise to 
facilitate the development of more effective ways to manage finances, 
improve information management, strengthen facilities, and improve 
course offerings. These steps will be taken with the goals of enhancing 
the career prospects of graduates of historically Black colleges and 
universities and increasing the number of such graduates with degrees in 
science and technology.
    Sec. 9. In all its recommendations, the Board of Advisors shall 
emphasize ways to support the long-term development plans of each 
historically Black college and university. The Board of Advisors shall 
recommend alternative sources of faculty talent, particularly in the 
fields of science and technology, including faculty exchanges and 
referrals from other institutions of higher education, private sector 
retirees, Federal employees and retirees, and emeritus faculty members 
at other institutions of higher education.
    Sec. 10. The Board of Advisors, through the White House Initiative, 
shall provide advice on how historically Black colleges and universities 
can achieve greater financial security. To the maximum extent possible, 
the Board of Advisors shall consider how such institutions can enlist 
the resources and experience of the private sector to achieve such 
security.
    Sec. 11. The Director of the Office of Personnel Management, in 
consultation with the Secretary and the Secretary of Labor, shall 
develop a program to improve recruitment and participation of graduates 
and undergraduate students of historically Black colleges and 
universities in part-time, summer and permanent positions in the Federal 
Government.
    Sec. 12. Administration: (a) Members of the Board of Advisors shall 
serve without compensation, but shall be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by law for 
persons serving intermittently in the Government service, (5 U.S.C. 
5701-5707).
    (b) The Board of Advisors and the White House Initiative shall 
obtain funding for their activities from the Department of Education.
    (c) The Department of Education shall provide such administrative 
services for the Board as may be required.
    Sec. 13. Executive Order No. 12677 of April 28, 1989, is hereby 
revoked.
                                                     William J. Clinton.

Extension of Term of President's Board of Advisors on Historically Black 
                        Colleges and Universities

    Term of President's Board of Advisors on Historically Black Colleges 
and Universities extended until Sept. 30, 1997, by Ex. Ord. No. 12974, 
Sept. 29, 1995, 60 F.R. 51875, formerly set out as a note under section 
14 of the Federal Advisory Committee Act in the Appendix to Title 5, 
Government Organization and Employees.
    Term of President's Board of Advisors on Historically Black Colleges 
and Universities extended until Sept. 30, 1999, by Ex. Ord. No. 13062, 
Sec. 1(e), Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note 
under section 14 of the Federal Advisory Committee Act in the Appendix 
to Title 5.
    Term of President's Board of Advisors on Historically Black Colleges 
and Universities extended until Sept. 30, 2001, by Ex. Ord. No. 13138, 
Sept. 30, 1999, 64 F.R. 53879, set out as a note under section 14 of the 
Federal Advisory Committee Act in the Appendix to Title 5.

         Determinations Regarding President's Board of Advisors

    Memorandum of the President of the United States, Aug. 17, 1990, 55 
F.R. 46491, provided:
    Memorandum for the Secretary of Education
    By virtue of the authority vested in me as President by the 
Constitution and the laws of the United States of America, including 
section 208 of title 18 of the United States Code and section 301 of 
title 3 of the United States Code, I hereby delegate to the Secretary of 
Education my authority to make determinations under subsection (b) of 
section 208 of title 18, United States Code, for the members of the 
President's Board of Advisors on Historically Black Colleges and 
Universities, established pursuant to Executive Order 12677 of April 28, 
1989 [formerly set out above].
    This memorandum shall be published in the Federal Register.
                                                            George Bush.

                  Section Referred to in Other Sections

    This section is referred to in section 1061 of this title.
