[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8803 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8803
To provide for the long-term improvement of minority-serving
institutions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 13, 2022
Ms. Adams introduced the following bill; which was referred to the
Committee on Education and Labor
_______________________________________________________________________
A BILL
To provide for the long-term improvement of minority-serving
institutions, 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 ``IGNITE HBCU, TCU, and MSI Excellence
Act''.
SEC. 2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF MSIS.
(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; or
(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 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;
and
(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 defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061));
(B) a Historically Black Graduate Professional
School (as identified in section 326(e) of such Act (20
U.S.C. 1063b(e)));
(C) a Hispanic-serving institution (as defined in
section 502 of such Act (20 U.S.C. 1101a));
(D) a Tribal College or University (as defined in
section 316 of such Act (20 U.S.C. 1059c));
(E) an Alaska Native-serving institution or a
Native Hawaiian-serving institution (as defined in
section 317(b) of such Act (20 U.S.C. 1059d(b)));
(F) a Predominantly Black Institution (as defined
in section 371(c) of such Act (20 U.S.C. 1067q(c)));
(G) an Asian American and Native American Pacific
Islander-serving institution (as defined in section
371(c) of such Act (20 U.S.C. 1067q(c))); and
(H) a Native American-serving nontribal institution
(as defined in section 371(c) of such Act (20 U.S.C.
1067q(c))).
(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.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to carry out this Act for each of fiscal years 2023
through 2028.
(b) Allocation of Funds.--Of the amounts appropriated under
subsection (a) for each fiscal year--
(1) 33.5 percent shall be available to award grants to
eligible entities that are--
(A) part B institutions; and
(B) Historically Black Graduate Professional
Schools;
(2) 39 percent shall be available to award grants to
eligible entities that are Hispanic-serving institutions;
(3) 10 percent shall be available to award grants to
eligible entities that are Tribal Colleges or Universities;
(4) 6 percent shall be available to award grants to
eligible entities that are Predominantly Black Institutions;
(5) 9 percent shall be available to award grants to
eligible entities that are Asian American and Native American
Pacific Islander-serving institutions; and
(6) 2.5 percent shall be available to award grants to
eligible entities that are--
(A) Native American-serving nontribal institutions;
and
(B) Alaska Native-serving institutions or Native
Hawaiian-serving institutions.
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