# § 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.
---
**Source Credit**: (Pub. L. 89–329, title III, § 321, as added Pub. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1294.)
## Editorial Notes
### References in Text
The Morrill Act of 1862, referred to in par. (2), is , , also known as the First Morrill Act, which is classified generally to subchapter I (§ 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 and Tables.
### Prior Provisions
A prior section 1060, , as added , , , set out purpose and grant authority for program of aiding institutions with special needs, prior to the general revision of this subchapter by .
Another prior section 1060, , , , 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 , , .
## Executive Documents
### Executive Order No. 12320
Ex. Ord. No. 12320, , 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, , 54 F.R. 18869, formerly set out below.
### Executive Order No. 12677
Ex. Ord. No. 12677, , 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, § 13, , 58 F.R. 58735, formerly set out below.
### Executive Order No. 12876
Ex. Ord. No. 12876, , 58 F.R. 58735, which established in the Department of Education the President’s Board of Advisors on Historically Black Colleges and Universities, a Presidential advisory committee, was revoked by Ex. Ord. No. 13256, § 11, , 67 F.R. 6825, formerly set out below.
### Executive Order No. 13256
Ex. Ord. No. 13256, , 67 F.R. 6823, which established in the Office of the Secretary of Education the President’s Board of Advisors on Historically Black Colleges and Universities, a Presidential advisory committee, was revoked by Ex. Ord. No. 13532, § 4(g), , 75 F.R. 9752, set out below.
### Executive Order No. 13532
Ex. Ord. No. 13532, , 75 F.R. 9749, as amended by Ex. Ord. No. 13569, § 4, , 76 F.R. 19891, which established the White House Initiative on Historically Black Colleges and Universities and the President’s Board of Advisors on Historically Black Colleges and Universities, was revoked by Ex. Ord. No. 13779, § 4, , 82 F.R. 12501, formerly set out below.
### Executive Order No. 13779
Ex. Ord. No. 13779, , 82 F.R. 12499, which established the White House Initiative on Historically Black Colleges and Universities and the President’s Board of Advisors on Historically Black Colleges and Universities, was revoked by Ex. Ord. No. 14041, § 4(a), , 86 F.R. 50446, formerly set out below.
### Executive Order No. 14041
Ex. Ord. No. 14041, , 86 F.R. 50443, which established the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and Universities, was revoked by Ex. Ord. No. 14283, § 6, , 90 F.R. 17544, set out below.
### Ex. Ord. No. 14283. White House Initiative To Promote Excellence and Innovation at Historically Black Colleges and Universities
Ex. Ord. No. 14283, , 90 F.R. 17543, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
1. . Historically Black Colleges and Universities (HBCUs) remain integral to American students’ pursuit of prosperity and wellbeing, providing the pathway to a career and a better life. This order will continue the work begun during my first Administration to elevate the value and impact of our Nation’s HBCUs as beacons of educational excellence and economic opportunity that serve as some of the best cultivators of tomorrow’s leaders in business, government, academia, and the military.
2. . It is the policy of my Administration to support HBCUs in: advancing America’s full potential; fostering more and better opportunities in higher education; providing the highest-quality education; obtaining equal opportunities for participation in Federal programs; ensuring college-educated Americans are empowered to advance the common good at home and abroad; and making our Nation more globally competitive.
3. . (a) There is hereby established the White House Initiative on Historically Black Colleges and Universities (Initiative), housed in the Executive Office of the President and led by an Executive Director designated by the President.
(b) The Initiative shall work with executive departments and agencies (agencies), the President’s Board of Advisors on Historically Black Colleges and Universities established in section 4 of this order, private-sector employers, educational associations, philanthropic organizations, and other partners to increase the capacity of HBCUs to provide the highest-quality education to an increasing number of students. The Initiative shall have two primary missions:
(i) increasing the private-sector role, including the role of private foundations, in:
(A) strengthening HBCUs through enhanced institutional planning and development, fiscal stability, and financial management;
(B) upgrading institutional infrastructure, including the use of technology, to ensure the long-term viability of these institutions; and
(C) providing professional development opportunities for HBCU students to help build America’s workforce in technology, healthcare, manufacturing, finance, and other high-growth industries; and
(ii) enhancing HBCUs’ capabilities to serve our Nation’s young adults by:
(A) supporting implementation of the HBCU PARTNERS Act () [, 1063e], including facilitating the Federal agency plan process required by section 4 of that Act ();
(B) working to advance my Administration’s key priorities related to promoting innovation and excellence throughout HBCUs in consultation with HBCU leaders, representatives, students, and alumni;
(C) fostering private-sector initiatives and public-private and philanthropic partnerships to promote centers of academic research and program excellence at HBCUs;
(D) improving the availability and quality of information concerning HBCUs in the public policy sphere;
(E) sharing administrative and programmatic best practices within the HBCU community;
(F) addressing efforts to promote student success and retention at HBCUs, including college affordability, degree attainment, campus modernization, and infrastructure improvements;
(G) partnering with private entities and elementary and secondary education stakeholders to build a pipeline for students that may be interested in attending HBCUs and promote affordable degree attainment;
(H) encouraging States to provide the required State matching funds for 1890 Land-Grant Institutions;
(I) collaborating with the Department of Agriculture and State governments to establish a framework for addressing barriers to accessing Federal funding to ensure that HBCUs receive the maximum funding to which they may be entitled;
(J) collaborating with agencies to improve the competitiveness of HBCUs for other sources of Federal research and development funding; and
(K) convening an annual White House Summit on HBCUs to address matters related to the Initiative’s missions and functions.
(c) The heads of agencies shall assist and provide information to the Initiative, consistent with applicable law, as may be necessary to carry out the functions of the Initiative. Each agency shall bear its own expenses of participating in the Initiative.
4. . (a) There is established in the Department of Education the President’s Board of Advisors on Historically Black Colleges and Universities (Board). The Board shall fulfill the mission and functions established by, shall have the structure set forth in, and shall in all other respects be subject to the provisions of section 5 of the HBCU PARTNERS Act (). The Board shall include representatives of a variety of sectors, such as philanthropy, education, business, finance, entrepreneurship, innovation, and private foundations, and current HBCU presidents.
(b) The Board shall advise the President, through the Initiative, on the matters set forth in section 5(c) of the HBCU PARTNERS Act ().
(c) The Department of Education shall provide funding and administrative support for the Board, consistent with applicable law and subject to the availability of appropriations. Insofar as chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act), may apply to the Board, any functions of the President under that Act, except for those in section 6 and section 14 of that Act [see and 1013], shall be performed by the Secretary of Education, in accordance with guidelines issued by the Administrator of General Services.
5. . (a) The Executive Director of the Initiative shall submit an annual progress report to the President summarizing the Federal Government’s impact on HBCUs and providing recommendations for improvement.
6. . Executive Order 14041 of (White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and Universities) [formerly set out above], is hereby revoked. Within 14 days of the date of this order [], the Administrator of the Environmental Protection Agency shall terminate the Historically Black Colleges and Universities and Minority Serving Institutions Advisory Council.
7. . (a) For the purposes of this order, “historically black colleges and universities” shall mean those institutions listed in 34 C.F.R. 608.2.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
### Extension of Term of President’s Board of Advisors on Historically Black Colleges and Universities
Extensions of term of President’s Board of Advisors on Historically Black Colleges and Universities as established by various Executive Orders were contained in the following prior Executive Orders:
Established by Ex. Ord. No. 14041:
Ex. Ord. No. 14109, , 88 F.R. 68447, extended term until .
Ex. Ord. No. 14048, , 86 F.R. 55465, extended term until .
Established by Ex. Ord. No. 13779:
Ex. Ord. No. 13889, , 84 F.R. 52743, extended term until .
Ex. Ord. No. 13811, , 82 F.R. 46363, extended term until .
Established by Ex. Ord. No. 13532:
Ex. Ord. No. 13708, , 80 F.R. 60271, extended term until .
Ex. Ord. No. 13652, , 78 F.R. 61817, extended term until .
Ex. Ord. No. 13591, , 76 F.R. 74623, extended term until .
Established by Ex. Ord. No. 13256:
Ex. Ord. No. 13511, , 74 F.R. 50909, extended term until .
Ex. Ord. No. 13446, , 72 F.R. 56175, extended term until .
Ex. Ord. No. 13385, , 70 F.R. 57989, extended term until .
Ex. Ord. No. 13316, , 68 F.R. 55255, extended term until .
Established by Ex. Ord. No. 12876:
Ex. Ord. No. 13225, , 66 F.R. 50291, extended term until .
Ex. Ord. No. 13138, , 64 F.R. 53879, extended term until .
Ex. Ord. No. 13062, § 1(e), , 62 F.R. 51755, extended term until .
Ex. Ord. No. 12974, , 60 F.R. 51875, extended term until .
### Determinations Regarding President’s Board of Advisors
Memorandum of the President of the United States, , 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 of the United States Code and of the United States Code, I hereby delegate to the Secretary of Education my authority to make determinations under subsection (b) of , 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 [formerly set out above].
This memorandum shall be published in the Federal Register.