[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1945 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1945

To provide for the long-term improvement of Historically Black Colleges 
               and Universities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

Mr. Coons (for himself and Mr. Scott of South Carolina) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To provide for the long-term improvement of Historically Black Colleges 
               and Universities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Institutional Grants for New 
Infrastructure, Technology, and Education for HBCU Excellence Act'' or 
the ``IGNITE HBCU Excellence Act''.

SEC. 2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF HBCUS.

    (a) In General.--The Secretary shall award grants to eligible 
entities, on a competitive basis, to support long-term improvements to 
the facilities of such entities in accordance with this Act.
    (b) Application.--To be considered for a grant under this section, 
an eligible entity shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may require, including--
            (1) to the extent possible, the information necessary for 
        the Secretary to make the determinations under subsection (c);
            (2) a description of the projects that such eligible entity 
        plans to carry out with the grant, and how such projects will 
        advance the long-term goals of the entity; and
            (3) an explanation of how such projects will reduce risks 
        to the health, welfare, and safety of students, staff, 
        administrators, faculty, researchers, and guests at such 
        eligible entity.
    (c) Priority.--In awarding grants under this section, the 
Secretary--
            (1) shall give priority to eligible entities that--
                    (A) demonstrate the greatest need to improve campus 
                facilities, as determined by a comparison of factors 
                identified by the Secretary, which may include--
                            (i) consideration of threats posed by the 
                        proximity of such facilities to toxic sites;
                            (ii) the vulnerability of such facilities 
                        to natural disasters and environmental risks;
                            (iii) the median age of such facilities, 
                        including the facilities that such eligible 
                        entities will use grant funds to improve;
                            (iv) the extent to which student enrollment 
                        exceeds physical and instructional capacity;
                            (v) the condition of major systems in such 
                        facilities such as heating, ventilation, air 
                        conditioning, electrical, water, and sewer 
                        systems;
                            (vi) the condition of roofs, windows, and 
                        doors of such facilities;
                            (vii) other critical health and safety 
                        conditions;
                            (viii) the number and condition of 
                        facilities in significant disrepair; and
                            (ix) the total amount of deferred 
                        maintenance of such facilities;
                    (B) demonstrate the most limited capacity to raise 
                funds for the long-term improvement of campus 
                facilities, as determined by an assessment of--
                            (i) the current and historic ability of the 
                        eligible entity to raise funds for 
                        construction, renovation, modernization, and 
                        major repair projects for campus;
                            (ii) whether the eligible entity has been 
                        able to issue bonds or receive other funds to 
                        support school construction projects; and
                            (iii) the bond rating of the eligible 
                        entity;
                    (C) enroll the highest percentages of students who 
                are eligible to receive a Federal Pell Grant under 
                subpart 1 of part A of title IV of the Higher Education 
                Act of 1965 (20 U.S.C. 1070a et seq.), and whose 
                families qualify for other Federal need-based aid;
                    (D) are public institutions facing declining State 
                support or investment; or
                    (E) demonstrate an effort to seek support from 
                public and private entities for projects carried out 
                with a grant awarded under this Act; and
            (2) may give priority to eligible entities--
                    (A) that lack access to high-speed broadband and 
                will use the grant funds to improve access to high-
                speed broadband sufficient to support digital learning 
                in accordance with section 3(a)(9); or
                    (B) at which the highest degree that is 
                predominantly awarded to students is an associate's 
                degree.
    (d) Geographic Distribution.--The Secretary shall ensure that 
grants under this section are awarded to eligible entities in a manner 
that reflects the geographic distribution of such entities in the 
United States.
    (e) Technical Assistance.--The Secretary, directly or by grant or 
contract, may provide technical assistance to eligible entities to 
prepare the entities to qualify, apply for, and maintain a grant, under 
this Act.
    (f) Relationship to HBCU Capital Financing Program.--
            (1) In general.--The Secretary may take into consideration 
        whether an eligible entity has received a loan under a loan 
        agreement made under part D of title III of the Higher 
        Education Act of 1965 (20 U.S.C. 1066 et seq.) when--
                    (A) reviewing grant applications under this 
                section;
                    (B) determining priority under subsection (c); and
                    (C) determining the amount awarded for a grant 
                under this Act.
            (2) Priority.--With respect to paragraph (1)(B), the 
        Secretary may--
                    (A) determine that an eligible entity should not 
                receive priority under subsection (c) if such entity 
                has received a loan under a loan agreement made under 
                part D of title III of the Higher Education Act of 1965 
                (20 U.S.C. 1066 et seq.); and
                    (B) determine that an eligible entity should 
                receive higher priority under subsection (c) if such 
                entity has not received a loan under a loan agreement 
                made under part D of title III of the Higher Education 
                Act of 1965 (20 U.S.C. 1066 et seq.).

SEC. 3. GRANT USES.

    (a) Permitted Uses.--Except as provided in subsection (b), an 
eligible entity that receives a grant under this Act shall use such 
grant funds to carry out at least one of the following activities:
            (1) Construct, modernize, renovate, or retrofit the campus 
        facilities of such entity, which may include--
                    (A) providing for the improvement of existing, or 
                the establishment of new, instructional program spaces, 
                laboratories, or research facilities relating to fields 
                of science, technology, engineering, the arts, 
                mathematics, health, agriculture, education, medicine, 
                law, and other disciplines;
                    (B) constructing or improving roads or other 
                transportation infrastructure on campus, for which the 
                eligible entity is responsible;
                    (C) establishing or improving the use of campus 
                facilities for the purpose of community-based 
                partnerships that provide students and community 
                members with academic, health, career, and social 
                services; and
                    (D) preserving facilities with historic 
                significance, and facilities that house historic or 
                cultural artifacts.
            (2) Purchase or modernize vehicle fleets owned and operated 
        by such entity that are used primarily for the purpose of 
        facilitating campus accessibility and student academic 
        activities.
            (3) Carry out major repairs to the facilities or other 
        physical plants of such entity, including deferred maintenance 
        projects.
            (4) Acquire and install academic and residential furniture, 
        fixtures, and instructional research-related equipment and 
        technology in the campus facilities of such entity.
            (5) For the purpose of facilitating the construction of new 
        campus facilities funded with a grant under this Act--
                    (A) purchase or otherwise acquire title to land to 
                serve as a permanent site for such facilities; and
                    (B) to the extent that other public or private 
                funds are insufficient--
                            (i) prepare land for the construction of 
                        such facilities; and
                            (ii) pay other preconstruction costs 
                        relating to the development of such facilities.
            (6) Install or extend the life and usability of basic 
        systems and components of campus facilities, which may 
        include--
                    (A) high-speed broadband internet infrastructure 
                sufficient to support digital and technology-based 
                learning;
                    (B) high-capacity, middle-mile broadband networks, 
                and campus-wide broadband networks, including 5G and 
                future network generations;
                    (C) fiber, cyber, and telecommunications 
                infrastructure, including small cells;
                    (D) heating, ventilation, and air conditioning 
                (HVAC) or other indoor air quality systems;
                    (E) support for last-mile service for rural 
                campuses when other means of providing this support is 
                unavailable; and
                    (F) other infrastructure to support the success of 
                operations and other digital and technology needs.
            (7) Strengthen the safety and security of the campus of 
        such entity by improving or utilizing design elements, 
        principles, and technology that--
                    (A) guarantee layers of security throughout the 
                such campus; and
                    (B) uphold the function of such campus as a 
                learning and teaching environment.
            (8) Reduce current or anticipated overcrowding in the 
        campus facilities.
            (9) Ensure that the building envelopes of the campus 
        facilities--
                    (A) protect occupants and interiors of such 
                facilities from natural elements; and
                    (B) are structurally sound and secure.
            (10) Improve energy and water efficiency to lower the costs 
        of energy and water consumption in campus facilities.
            (11) With respect to campus facilities, reduce or eliminate 
        the presence of--
                    (A) toxins and chemicals, including mercury, radon, 
                polychlorinated biphenyls, lead, and asbestos;
                    (B) mold and mildew;
                    (C) rodents and pests; or
                    (D) biological, radiological, and other waste 
                related to research.
            (12) Ensure the safety of drinking water at the tap and 
        water used for meal preparation in campus facilities, which may 
        include testing of the potability of water at the tap for the 
        presence of lead and other contaminants.
            (13) Bring campus facilities into compliance with 
        applicable fire, health, and safety codes and regulations.
            (14) Make existing campus facilities accessible to 
        individuals with disabilities through compliance with--
                    (A) the Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.); and
                    (B) section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794).
    (b) Prohibited Uses.--An eligible entity that receives a grant 
under this Act may not use such grant funds for--
            (1) payment of routine and predictable maintenance costs, 
        minor repairs, and utility bills;
            (2) any facility that is--
                    (A) primarily used for athletic contests or 
                exhibitions or other events for which admission is 
                charged to the general public; or
                    (B) primarily used for or associated with sectarian 
                instruction or religious worship; or
            (3) the purchase or support of any communications equipment 
        or service (as defined in section 9 of the Secure and Trusted 
        Networks Act of 2019 (47 U.S.C. 1608)) that poses a risk to 
        national security.
    (c) Supplement Not Supplant.--An eligible entity shall use a grant 
received under this Act only to supplement the level of Federal, State, 
and local public funds that would, in the absence of such grant, be 
made available for the activities supported by the grant, and not to 
supplant such funds.
    (d) Encouraging Partnerships.--The Secretary shall encourage 
partnerships between eligible entities and public and private entities 
to--
            (1) provide additional funding; and
            (2) assist in carrying out the activities under this Act.

SEC. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER 
              CONSERVATION.

    An eligible entity that receives a grant under this Act shall 
ensure that any new construction, modernization, or renovation project 
carried out with such grant funds meets or exceeds the following 
requirements:
            (1) Requirements for such projects set forth in the most 
        recent published edition of a nationally recognized, consensus-
        based model building code.
            (2) Requirements for such projects set forth in the most 
        recent published edition of a nationally recognized, consensus-
        based model energy conservation code.
            (3) Performance criteria under the WaterSense program, 
        established under section 324B of the Energy Policy and 
        Conservation Act (42 U.S.C. 6294b), applicable to such projects 
        within a nationally recognized, consensus-based model code.

SEC. 5. USE OF SMALL BUSINESS CONCERNS.

    In carrying out projects funded with a grant under this Act, an 
eligible entity shall seek to procure contracts from small business 
concerns owned and controlled by veterans (including service-disabled 
veterans), qualified HUBZone small business concerns, small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns owned and 
controlled by women.

SEC. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER ACTIVITIES.

    (a) Reservation.--An eligible entity that receives a grant under 
this Act may reserve a total of not more than five percent of the 
amount of such grant to--
            (1) develop the facilities master plan required under 
        subsection (b);
            (2) carry out activities to--
                    (A) protect the health of students, staff, 
                administrators, faculty, researchers, and guests during 
                the construction or modernization of the campus 
                facilities of such entity; and
                    (B) mitigate excessive noise caused by activities 
                carried out under this Act;
            (3) pay personnel to carry out administrative work relating 
        to the grant program; and
            (4) pay other reasonable administrative costs associated 
        with the grant program.
    (b) Facilities Master Plan.--
            (1) In general.--Not later than 180 days after receiving a 
        grant under this Act, an eligible entity shall submit to the 
        Secretary a comprehensive 10-year facilities master plan.
            (2) Elements.--The facilities master plan required under 
        paragraph (1) shall include, with respect to the eligible 
        entity submitting such plan, a description of--
                    (A) the extent to which the campus facilities--
                            (i) meet the educational needs of students; 
                        and
                            (ii) support the educational mission and 
                        vision of such entity;
                    (B) the physical condition of the campus 
                facilities;
                    (C) the current health, safety, and environmental 
                conditions of the campus facilities, including--
                            (i) indoor air quality;
                            (ii) the presence of hazardous and toxic 
                        substances and chemicals on or near such 
                        facilities;
                            (iii) the safety of drinking water at the 
                        tap and water used for meal preparation, 
                        including the level of lead and other 
                        contaminants in such water;
                            (iv) energy and water efficiency;
                            (v) excessive noise in academic spaces; and
                            (vi) other health, safety, and 
                        environmental conditions that would impact the 
                        health, safety, and learning ability of 
                        students;
                    (D) the actual and anticipated impact of current 
                and future student enrollment levels (as of the date of 
                application) on the design of current and future campus 
                facilities, as well as the financial implications of 
                such enrollment levels;
                    (E) the dollar amount and percentage of funds such 
                entity will dedicate to capital construction projects, 
                including--
                            (i) any funds in the budget of such entity 
                        that will be dedicated to such projects; and
                            (ii) any funds not in such budget that will 
                        be dedicated to such projects, including any 
                        funds available to the eligibility entity as 
                        the result of a bond issue or the Historically 
                        Black College and University Capital Financing 
                        Program under part D of title III of the Higher 
                        Education Act of 1965 (20 U.S.C. 1066 et seq.); 
                        and
                    (F) the dollar amount and percentage of funds such 
                entity will dedicate to the maintenance and operation 
                of campus facilities, including--
                            (i) any funds in the budget of such entity 
                        that will be dedicated to the maintenance and 
                        operation of such facilities; and
                            (ii) any funds not in the budget of such 
                        entity that will be dedicated to the 
                        maintenance and operation of such facilities.
            (3) Consultation.--In developing the facilities master 
        plan, the eligible entity demonstrate that it conducted 
        meaningful consultation with diverse stakeholders, which may 
        include--
                    (A) staff and other institutional leaders;
                    (B) custodial and maintenance staff;
                    (C) emergency first responders;
                    (D) campus facilities directors;
                    (E) students and families;
                    (F) community residents, including those directly 
                affected by actions undertaken as a result of utilizing 
                grant funds;
                    (G) government entities;
                    (H) local charitable foundations;
                    (I) local employers;
                    (J) Indian Tribes, as applicable; and
                    (K) other such individuals and entities.

SEC. 7. HBCU CAPITAL FINANCING LOAN DISBURSEMENT AND FORGIVENESS.

    (a) In General.--Each time an institution of higher education 
receives a disbursement of a loan amount under a covered closed loan 
agreement, the Secretary shall repay--
            (1) the outstanding balance of principal, interest, fees, 
        and costs on such loan amount (as of the date of such 
        disbursement) under the covered closed loan agreement; and
            (2) any reimbursement (including reimbursements of escrow 
        and return of fees and deposits) relating to the covered closed 
        loan agreement that are usual and customary when the loan is 
        paid off by the institution.
    (b) Covered Closed Loan Agreement.--In this section, the term 
``covered closed loan agreement'' means each of the following:
            (1) A closed loan agreement--
                    (A) executed before the date of enactment of the 
                Consolidated Appropriations Act, 2021 (Public Law 116-
                260);
                    (B) made under part D of title III of the Higher 
                Education Act of 1965 (20 U.S.C. 1066 et seq.); and
                    (C) that provides for loan amounts that have not 
                been disbursed as of the date of enactment of the 
                Consolidated Appropriations Act, 2021 (Public Law 116-
                260).
            (2) A closed loan agreement--
                    (A) authorized under section 3512 of the CARES Act 
                (20 U.S.C. 1001 note); and
                    (B) made for the deferment of balances that have 
                not been disbursed as of the date of enactment of the 
                Consolidated Appropriations Act, 2021 (Public Law 116-
                260).

SEC. 8. REPORTS.

    (a) Department of Education Report.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary shall submit to the appropriate congressional 
        committees a report on the projects carried out with grant 
        funds awarded under this Act.
            (2) Elements.--The report required under paragraph (1) 
        shall include--
                    (A) with respect to projects carried out by 
                eligible entities with grant funds awarded under this 
                Act, an assessment of--
                            (i) the types of such projects;
                            (ii) the square footage of the improvements 
                        made by such projects, disaggregated by--
                                    (I) total square footage; and
                                    (II) square footage per each 
                                eligible entity;
                            (iii) the total cost of each such project;
                            (iv) the cost described in clause (iii), 
                        disaggregated by the cost of--
                                    (I) planning;
                                    (II) design;
                                    (III) construction;
                                    (IV) site purchase; and
                                    (V) improvements;
                            (v) the geographic distribution of such 
                        projects; and
                            (vi) the demographic composition of the 
                        student population served by such projects, 
                        disaggregated by--
                                    (I) race and ethnicity; and
                                    (II) the number and percentage of 
                                students enrolled at such entities who 
                                are eligible to receive a Federal Pell 
                                Grant under subpart 1 of part A of 
                                title IV of the Higher Education Act of 
                                1965 (20 U.S.C. 1070a et seq.);
                    (B) an evaluation of a sample of grant recipients, 
                selected by the Secretary taking into account size and 
                geographic location of each grantee, to determine how 
                such recipients are using the grant and the 
                effectiveness of the activities carried out with the 
                grant; and
                    (C) an analysis of compliance with the requirement 
                in section 3(c).
    (b) Comptroller General Study Report.--
            (1) Study required.--Not later than 4 years after the date 
        of the enactment of this Act, the Comptroller General of the 
        United States shall conduct a study on the implementation of 
        the grant program under this Act.
            (2) Elements.--The study conducted under paragraph (1) 
        shall include--
                    (A) an examination of program implementation 
                challenges; and
                    (B) an assessment of whether any changes are needed 
                to make grants under this Act more accessible to 
                eligible entities with fiscal challenges to help them 
                raise capital for infrastructure projects.
            (3) Report.--After the completion of the study under 
        paragraph (1), the Comptroller General shall submit to the 
        appropriate congressional committees a report on the results of 
        the study, including any recommendations to the Secretary for 
        improvements to the implementation of the grant program under 
        this Act.

SEC. 9. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a part B institution, as such term is defined 
                in section 322(2) of the Higher Education Act of 1965 
                (20 U.S.C. 1061(2)); or
                    (B) a Historically Black Graduate Professional 
                School identified in section 326(e) of such Act (20 
                U.S.C. 1063b(e)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (3) State.--The term ``State'' has the meaning given such 
        term in section 103 of the Higher Education Act of 1965 (20 
        U.S.C. 1003).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this Act for each of fiscal years 2022 through 
2027.
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