IGNITE HBCU Excellence Act

II 117TH CONGRESS 1ST SESSION S. 1945 To provide for the long-term improvement of Historically Black Colleges and Universities, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 27, 2021 Mr. COONS (for himself and Mr. SCOTT of South Carolina) introduced the fol- lowing bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the long-term improvement of Historically Black Colleges and Universities, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Institutional Grants 4 for New Infrastructure, Technology, and Education for 5 HBCU Excellence Act’’ or the ‘‘IGNITE HBCU Excel- 6 lence Act’’. 7 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1945 IS SEC. 2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF 1 HBCUS. 2 (a) IN GENERAL.—The Secretary shall award grants 3 to eligible entities, on a competitive basis, to support long- 4 term improvements to the facilities of such entities in ac- 5 cordance with this Act. 6 (b) APPLICATION.—To be considered for a grant 7 under this section, an eligible entity shall submit an appli- 8 cation to the Secretary at such time, in such manner, and 9 containing such information as the Secretary may require, 10 including— 11 (1) to the extent possible, the information nec- 12 essary for the Secretary to make the determinations 13 under subsection (c); 14 (2) a description of the projects that such eligi- 15 ble entity plans to carry out with the grant, and how 16 such projects will advance the long-term goals of the 17 entity; and 18 (3) an explanation of how such projects will re- 19 duce risks to the health, welfare, and safety of stu- 20 dents, staff, administrators, faculty, researchers, and 21 guests at such eligible entity. 22 (c) PRIORITY.—In awarding grants under this sec- 23 tion, the Secretary— 24 (1) shall give priority to eligible entities that— 25 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1945 IS (A) demonstrate the greatest need to im- 1 prove campus facilities, as determined by a 2 comparison of factors identified by the Sec- 3 retary, which may include— 4 (i) consideration of threats posed by 5 the proximity of such facilities to toxic 6 sites; 7 (ii) the vulnerability of such facilities 8 to natural disasters and environmental 9 risks; 10 (iii) the median age of such facilities, 11 including the facilities that such eligible 12 entities will use grant funds to improve; 13 (iv) the extent to which student en- 14 rollment exceeds physical and instructional 15 capacity; 16 (v) the condition of major systems in 17 such facilities such as heating, ventilation, 18 air conditioning, electrical, water, and 19 sewer systems; 20 (vi) the condition of roofs, windows, 21 and doors of such facilities; 22 (vii) other critical health and safety 23 conditions; 24 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1945 IS (viii) the number and condition of fa- 1 cilities in significant disrepair; and 2 (ix) the total amount of deferred 3 maintenance of such facilities; 4 (B) demonstrate the most limited capacity 5 to raise funds for the long-term improvement of 6 campus facilities, as determined by an assess- 7 ment of— 8 (i) the current and historic ability of 9 the eligible entity to raise funds for con- 10 struction, renovation, modernization, and 11 major repair projects for campus; 12 (ii) whether the eligible entity has 13 been able to issue bonds or receive other 14 funds to support school construction 15 projects; and 16 (iii) the bond rating of the eligible en- 17 tity; 18 (C) enroll the highest percentages of stu- 19 dents who are eligible to receive a Federal Pell 20 Grant under subpart 1 of part A of title IV of 21 the Higher Education Act of 1965 (20 U.S.C. 22 1070a et seq.), and whose families qualify for 23 other Federal need-based aid; 24 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1945 IS (D) are public institutions facing declining 1 State support or investment; or 2 (E) demonstrate an effort to seek support 3 from public and private entities for projects 4 carried out with a grant awarded under this 5 Act; and 6 (2) may give priority to eligible entities— 7 (A) that lack access to high-speed 8 broadband and will use the grant funds to im- 9 prove access to high-speed broadband sufficient 10 to support digital learning in accordance with 11 section 3(a)(9); or 12 (B) at which the highest degree that is 13 predominantly awarded to students is an associ- 14 ate’s degree. 15 (d) GEOGRAPHIC DISTRIBUTION.—The Secretary 16 shall ensure that grants under this section are awarded 17 to eligible entities in a manner that reflects the geographic 18 distribution of such entities in the United States. 19 (e) TECHNICAL ASSISTANCE.—The Secretary, di- 20 rectly or by grant or contract, may provide technical as- 21 sistance to eligible entities to prepare the entities to qual- 22 ify, apply for, and maintain a grant, under this Act. 23 (f) RELATIONSHIP TO HBCU CAPITAL FINANCING 24 PROGRAM.— 25 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 1945 IS (1) IN GENERAL.—The Secretary may take into 1 consideration whether an eligible entity has received 2 a loan under a loan agreement made under part D 3 of title III of the Higher Education Act of 1965 (20 4 U.S.C. 1066 et seq.) when— 5 (A) reviewing grant applications under this 6 section; 7 (B) determining priority under subsection 8 (c); and 9 (C) determining the amount awarded for a 10 grant under this Act. 11 (2) PRIORITY.—With respect to paragraph 12 (1)(B), the Secretary may— 13 (A) determine that an eligible entity should 14 not receive priority under subsection (c) if such 15 entity has received a loan under a loan agree- 16 ment made under part D of title III of the 17 Higher Education Act of 1965 (20 U.S.C. 1066 18 et seq.); and 19 (B) determine that an eligible entity 20 should receive higher priority under subsection 21 (c) if such entity has not received a loan under 22 a loan agreement made under part D of title III 23 of the Higher Education Act of 1965 (20 24 U.S.C. 1066 et seq.). 25 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 1945 IS SEC. 3. GRANT USES. 1 (a) PERMITTED USES.—Except as provided in sub- 2 section (b), an eligible entity that receives a grant under 3 this Act shall use such grant funds to carry out at least 4 one of the following activities: 5 (1) Construct, modernize, renovate, or retrofit 6 the campus facilities of such entity, which may in- 7 clude— 8 (A) providing for the improvement of exist- 9 ing, or the establishment of new, instructional 10 program spaces, laboratories, or research facili- 11 ties relating to fields of science, technology, en- 12 gineering, the arts, mathematics, health, agri- 13 culture, education, medicine, law, and other dis- 14 ciplines; 15 (B) constructing or improving roads or 16 other transportation infrastructure on campus, 17 for which the eligible entity is responsible; 18 (C) establishing or improving the use of 19 campus facilities for the purpose of community- 20 based partnerships that provide students and 21 community members with academic, health, ca- 22 reer, and social services; and 23 (D) preserving facilities with historic sig- 24 nificance, and facilities that house historic or 25 cultural artifacts. 26 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 1945 IS (2) Purchase or modernize vehicle fleets owned 1 and operated by such entity that are used primarily 2 for the purpose of facilitating campus accessibility 3 and student academic activities. 4 (3) Carry out major repairs to the facilities or 5 other physical plants of such entity, including de- 6 ferred maintenance projects. 7 (4) Acquire and install academic and residential 8 furniture, fixtures, and instructional research-related 9 equipment and technology in the campus facilities of 10 such entity. 11 (5) For the purpose of facilitating the construc- 12 tion of new campus facilities funded with a grant 13 under this Act— 14 (A) purchase or otherwise acquire title to 15 land to serve as a permanent site for such fa- 16 cilities; and 17 (B) to the extent that other public or pri- 18 vate funds are insufficient— 19 (i) prepare land for the construction 20 of such facilities; and 21 (ii) pay other preconstruction costs re- 22 lating to the development of such facilities. 23 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 1945 IS (6) Install or extend the life and usability of 1 basic systems and components of campus facilities, 2 which may include— 3 (A) high-speed broadband internet infra- 4 structure sufficient to support digital and tech- 5 nology-based learning; 6 (B) high-capacity, middle-mile broadband 7 networks, and campus-wide broadband net- 8 works, including 5G and future network genera- 9 tions; 10 (C) fiber, cyber, and telecommunications 11 infrastructure, including small cells; 12 (D) heating, ventilation, and air condi- 13 tioning (HVAC) or other indoor air quality sys- 14 tems; 15 (E) support for last-mile service for rural 16 campuses when other means of providing this 17 support is unavailable; and 18 (F) other infrastructure to support the 19 success of operations and other digital and 20 technology needs. 21 (7) Strengthen the safety and security of the 22 campus of such entity by improving or utilizing de- 23 sign elements, principles, and technology that— 24 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 10 •S 1945 IS (A) guarantee layers of security through- 1 out the such campus; and 2 (B) uphold the function of such campus as 3 a learning and teaching environment. 4 (8) Reduce current or anticipated overcrowding 5 in the campus facilities. 6 (9) Ensure that the building envelopes of the 7 campus facilities— 8 (A) protect occupants and interiors of such 9 facilities from natural elements; and 10 (B) are structurally sound and secure. 11 (10) Improve energy and water efficiency to 12 lower the costs of energy and water consumption in 13 campus facilities. 14 (11) With respect to campus facilities, reduce 15 or eliminate the presence of— 16 (A) toxins and chemicals, including mer- 17 cury, radon, polychlorinated biphenyls, lead, 18 and asbestos; 19 (B) mold and mildew; 20 (C) rodents and pests; or 21 (D) biological, radiological, and other 22 waste related to research. 23 (12) Ensure the safety of drinking water at the 24 tap and water used for meal preparation in campus 25 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 11 •S 1945 IS facilities, which may include testing of the potability 1 of water at the tap for the presence of lead and 2 other contaminants. 3 (13) Bring campus facilities into compliance 4 with applicable fire, health, and safety codes and 5 regulations. 6 (14) Make existing campus facilities accessible 7 to individuals with disabilities through compliance 8 with— 9 (A) the Americans with Disabilities Act of 10 1990 (42 U.S.C. 12101 et seq.); and 11 (B) section 504 of the Rehabilitation Act 12 of 1973 (29 U.S.C. 794). 13 (b) PROHIBITED USES.—An eligible entity that re- 14 ceives a grant under this Act may not use such grant 15 funds for— 16 (1) payment of routine and predictable mainte- 17 nance costs, minor repairs, and utility bills; 18 (2) any facility that is— 19 (A) primarily used for athletic contests or 20 exhibitions or other events for which admission 21 is charged to the general public; or 22 (B) primarily used for or associated with 23 sectarian instruction or religious worship; or 24 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 12 •S 1945 IS (3) the purchase or support of any communica- 1 tions equipment or service (as defined in section 9 2 of the Secure and Trusted Networks Act of 2019 3 (47 U.S.C. 1608)) that poses a risk to national secu- 4 rity. 5 (c) SUPPLEMENT NOT SUPPLANT.—An eligible enti- 6 ty shall use a grant received under this Act only to supple- 7 ment the level of Federal, State, and local public funds 8 that would, in the absence of such grant, be made avail- 9 able for the activities supported by the grant, and not to 10 supplant such funds. 11 (d) ENCOURAGING PARTNERSHIPS.—The Secretary 12 shall encourage partnerships between eligible entities and 13 public and private entities to— 14 (1) provide additional funding; and 15 (2) assist in carrying out the activities under 16 this Act. 17 SEC. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND EN- 18 ERGY AND WATER CONSERVATION. 19 An eligible entity that receives a grant under this Act 20 shall ensure that any new construction, modernization, or 21 renovation project carried out with such grant funds meets 22 or exceeds the following requirements: 23 VerDate Sep 11 2014 07:02 Jun 26, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1945.IS S1945 pbinns on DSKJLVW7X2PROD with BILLS 13 •S 1945 IS (1) Requirements for such projects set forth in 1 the most recent published edition of a nationally rec- 2 ognized, consensus-based model building code. 3 (2) Requirements for such projects set forth in 4 the most recent published edition of a nationally rec- 5 ognized, consensus-based model energy conservation 6 code. 7 (3) Performance criteria under the WaterSense 8 program, established under section 324B of the En- 9 ergy Policy and Conservation Act (42 U.S.C. 10 6294b), applicable to such projects within a nation- 11 ally recognized, consensus-based model code. 12 SEC. 5. USE OF SMALL BUSINESS CONCERNS. 13 In carrying out projects funded with a grant under 14 this Act, [Text truncated for display. Full text available on Congress.gov.]