S.Amdt. 6825

SA 6825. Mr. WARNOCK submitted an amendment intended to be proposed
to amendment SA 6776 proposed by Mr. Thune (for Mr. Cruz (for himself,
Ms. Cantwell, Mr. Schmitt, and Mr. Coons)) to the bill S. 4668, to
protect the name, image, and likeness rights of, and provide
protections for, student athletes and to promote fair competition among
intercollegiate athletics, and for other purposes; which was ordered to
lie on the table; as follows:

At the end, add the following:

TITLE __--IGNITE HBCU EXCELLENCE

SEC. __1. 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. __2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF HBCUS.

(a) In General.--
(1) Grants authorized.--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.
(2) Grant period.--With respect to each eligible entity
that is awarded a grant under this section, such grant shall
be for a period determined appropriate by the Secretary based
on the information submitted by such entity under subsection
(b).
(3) Multiple grants permitted.--An eligible entity may
apply for, and be awarded, more than 1 grant under this
section.
(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;
(3) an explanation of--
(A) how such projects will reduce risks to the health,
welfare, and safety of students, staff, administrators,
faculty, researchers, and guests at such eligible entity; and
(B) the anticipated number of years that any facilities
constructed, improved, or replaced under such projects may be
used before presenting a risk described in subparagraph (A);
(4) the median age of the facilities that such entity plans
to improve or replace under such projects; and
(5) in the case of an eligible entity seeking to carry out
facility repairs described in section __3(a)(3), a
preventative maintenance plan for such repairs.
(c) Priority.--In awarding grants under this section, the
Secretary--
(1) shall give priority to an eligible entity that--
(A) demonstrates 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 the facilities that such entity
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) demonstrates 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;
(iii) the bond rating of the eligible entity;
(iv) the number of students enrolled as of the date on
which the application is submitted;
(v) the total value of the endowment of the eligible entity
as of the date on which the application is submitted;
(vi) the total amount of deferred maintenance of such
facilities; and
(vii) the amount and sources of institutional revenue;
(C) enrolls 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) is a public institution that--
(i) faces declining State support or investment; and
(ii) demonstrates limited ability to generate revenue, as
determined by assessing--

(I) the total value of the endowment of the institution as
of the date on which the application is submitted; and
(II) the costs of the deferred maintenance of the
institution relative to the total revenue of the institution;
and

(E) demonstrates 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 an eligible entity--
(A) that lacks access to high-speed broadband and will use
the grant funds to improve access to high-speed broadband
sufficient to support digital and technology-based learning
in accordance with section __3(a)(6);
(B) at which the highest degree that is predominantly
awarded to students is an associate's degree;
(C) that did not receive a grant under this title in the
preceding fiscal year; or
(D) that proposes projects aligned with long-term
infrastructure priorities that--
(i) serve as regional models, as determined by the
Secretary;
(ii) address multiple needs on the campus of the entity;
(iii) address the needs of at least 1 eligible entity in
addition to the entity receiving the grant; or
(iv) encourage efforts described in section __3(d).
(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 title
shall use such grant funds to carry out at least one of the
following activities:

[[Page S4953]]

(1) Construct, modernize, renovate, or retrofit the campus
facilities of such entity, which may include--
(A) improving existing, or establishing new, instructional
laboratories or workforce-aligned (as determined by the
Secretary) research facilities relating to fields of health,
science, technology, engineering, the arts, agriculture,
education, and other disciplines as determined by the
Secretary;
(B) constructing or improving roads or other transportation
infrastructure on campus, for which the eligible entity is
responsible;
(C) preserving facilities with historic significance and
facilities that house historic or cultural artifacts;
(D) constructing, modernizing, renovating, and retrofitting
any campus facility or dormitory (including dining
facilities) or other facility customarily used for housing
students;
(E) improving security and safety for students, faculty,
and staff;
(F) installing or upgrading water, wastewater, power, and
underground infrastructure; and
(G) developing facilities or infrastructure that support
job creation, entrepreneurship, and community-based
opportunities, including establishing workforce development
hubs that--
(i) are aligned with regional labor market needs;
(ii) focus on fields such as artificial intelligence; and
(iii) support education, training, and career placement for
students.
(2) Purchase, manufacture, 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 repairs, including with respect to deferred
maintenance, to the facilities of such eligible entity in
accordance with the preventative maintenance plan submitted
under section __2(b)(5).
(4) Acquire and install research-related equipment and
technology in the campus facilities of such entity, including
specialty equipment with respect to emerging fields (as
determined by the Secretary, in consultation with the head of
the eligible entity), such as artificial intelligence, data
science, machine learning, cybersecurity, biotechnology,
chemistry, pharmaceutical sciences, robotics, and advanced
manufacturing.
(5) For the purpose of facilitating the construction of new
campus facilities that are not primarily used for classroom
instruction or academic activities--
(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 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 such campus;
and
(B) uphold the function of such campus as a learning and
teaching environment.
(8) Strengthen institutional planning and governance to
support long-term infrastructure goals by--
(A) developing or updating campus infrastructure master
plans, facility condition assessments, deferred maintenance
strategies, or long-term capital project timeliness;
(B) aligning campus infrastructure master plans with
academic and workforce priorities, including with respect to
the facilities used by programs in high-demand fields (as
determined by the Secretary) in order to address the needs of
such facilities and support the growth of such programs;
(C) modernizing auxiliary services to improve financial
sustainability, service quality, or institutional
competitiveness;
(D) supporting high-quality research and development
efforts, including planning and expanding partnerships with
manufacturers, employers, or innovation stakeholders that
strengthen infrastructure and innovation; and
(E) establishing or expanding offices or initiatives for
the recruitment and retention of faculty in fields of
research.
(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, or utility bills;
(2) any facility that is primarily used for athletic
contests or exhibitions or other events for which admission
is charged to the general public;
(3) the purchase or support of any communications equipment
or service (as defined in section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1608)) that
poses a risk to national security; or
(4) activities that are funded, in whole or in part, under
part B of title III of the Higher Education Act of 1965 (20
U.S.C. 1060 et seq.), unless the Secretary approves such use.
(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 Act.

SEC. __4. 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--
(1) small business concerns owned and controlled by
veterans (including service-disabled veterans); and
(2) qualified HUBZone small business concerns.

SEC. __5. 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 5
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 facilities master plan that--
(A) describes how the entity will carry out the activities
identified in the application submitted under section __2(b)
with the grant funds received under this Act; and
(B) identifies the anticipated benefits and outcomes of
such activities.
(2) Elements.--The facilities master plan required under
paragraph (1) shall include, with respect to the eligible
entity submitting such plan, a description of, as of the date
on which such plan is submitted--
(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 eligible
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 shall

[[Page S4954]]

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. __6. 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 a closed loan
agreement--
(1) executed before September 22, 2026; and
(2) made under part D of title III of the Higher Education
Act of 1965 (20 U.S.C. 1066 et seq.).

SEC. __7. 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 Appropriations Report.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study on the amount of
appropriations necessary to continue implementing the grant
program under this Act.
(2) Elements.--The study conducted under paragraph (1)
shall include--
(A) an evaluation of the approximate total cost of deferred
maintenance across eligible entities; and
(B) an overview of sources of funding for addressing such
needs other than the grant program under this Act.
(3) Report.--After the completion of the study under
paragraph (1), the Comptroller General shall submit to the
Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives a report on
the results of the study.
(4) Results.--The results of the study shall be used to
inform the appropriation of funds to carry out this title for
the fiscal years following the submission of the report under
paragraph (3).
(c) Comptroller General Implementation 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 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 Act.

SEC. __8. 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) an institution or program listed under section
326(e)(1) of such Act (20 U.S.C. 1063b(e)(1)).
(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. __9. 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
2027 through 2032.
______