IGNITE HBCU Excellence Act

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.

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).

An eligible entity may apply for, and be awarded, more than 1 grant under this section.

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.

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 Act 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).

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.

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.

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.

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.).

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) 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.

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, 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.

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.

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.

(1) small business concerns owned and controlled by veterans (including service-disabled veterans); and

(2) qualified HUBZone small business concerns.

An eligible entity that receives a grant under this Act 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.

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.

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 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.

In developing the facilities master plan, the eligible entity shall 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.

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.

In this section, the term covered closed loan agreement means a closed loan agreement—

(1) executed before the date of enactment of the Consolidated Appropriations Act, 2021 (Public Law 116–260);

(2) made under part D of title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.); and

(3) 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).

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.

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).

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.

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.

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.

The results of the study shall be used to inform the appropriation of funds to carry out this Act for the fiscal years following the submission of the report under paragraph (3).

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.

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.

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.

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)).

The term Secretary means the Secretary of Education.

The term State has the meaning given such term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).