[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5861-S5863]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2516. Mr. COONS (for himself, Mr. Scott of South Carolina, Mr. 
Warnock, Mr. Tillis, Mr. Booker, and Mrs. Hyde-Smith) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the end of division A, add the following:

                  TITLE V--IGNITE HBCU EXCELLENCE ACT

     SEC. 15001. SHORT TITLE.

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

     SEC. 15002. 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 title.
       (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 title; 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 15003(a)(6); 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 title.
       (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 
     title.
       (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. 15003. GRANT USES.

       (a) Permitted Uses.--Except as provided in subsection (b), 
     an eligible entity that receives a grant under this title 
     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 title--

[[Page S5862]]

       (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 title 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;
       (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 title 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 title.

     SEC. 15004. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND 
                   WATER CONSERVATION.

       An eligible entity that receives a grant under this title 
     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 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. 15005. USE OF SMALL BUSINESS CONCERNS.

       In carrying out projects funded with a grant under this 
     title, 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. 15006. RESERVATION FOR ADMINISTRATIVE AND OTHER 
                   ACTIVITIES.

       (a) Reservation.--An eligible entity that receives a grant 
     under this title 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 title;
       (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 title, 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. 15007. 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

[[Page S5863]]

       (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. 15008. REPORTS.

       (a) Department of Education Report.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this title, 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 title.
       (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 title, 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 15003(c).
       (b) Comptroller General Study Report.--
       (1) Study required.--Not later than 4 years after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall conduct a study on the implementation of 
     the grant program under this title.
       (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 title 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 title.

     SEC. 15009. DEFINITIONS.

       In this title:
       (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. 15010. EFFECTIVE DATE.

       This title shall take effect on the date of enactment of 
     this Act.

     SEC. 15011. AUTHORIZATION OF APPROPRIATIONS.

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