S.Amdt. 2516

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.
______