I 

117TH CONGRESS 

1ST SESSION H. R. 3294 

To provide for the long-term improvement of Historically Black Colleges 

and Universities, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2021 

Ms. ADAMS (for herself, Mr. HILL, Ms. SEWELL, and Mr. TURNER) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To provide for the long-term improvement of Historically 

Black Colleges and Universities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Institutional Grants 

5 for New Infrastructure, Technology, and Education for 

6 HBCU Excellence Act’’ or the ‘‘IGNITE HBCU Excel7 lence Act’’. 


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1 SEC. 2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF 

2 HBCUS. 

3 (a) IN GENERAL.—The Secretary shall award grants 

4 to eligible entities, on a competitive basis, to support long5 term improvements to the facilities of such entities in ac6 cordance with this Act. 

7 (b) APPLICATION.—To be considered for a grant 

8 under this section, an eligible entity shall submit an appli9 cation to the Secretary at such time, in such manner, and 

10 containing such information as the Secretary may require, 

11 including— 

12 (1) to the extent possible, the information nec13 essary for the Secretary to make the determinations 

14 under subsection (c); 

15 (2) a description of the projects that such eligi16 ble entity plans to carry out with the grant, and how 

17 such projects will advance the long-term goals of the 

18 entity; and 

19 (3) an explanation of how such projects will re20 duce risks to the health, welfare, and safety of stu21 dents, staff, administrators, faculty, researchers, and 

22 guests at such eligible entity. 

23 (c) PRIORITY.—In awarding grants under this sec24 tion, the Secretary— 

25 (1) shall give priority to eligible entities that— 


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1 (A) demonstrate the greatest need to im2 prove campus facilities, as determined by a 

3 comparison of factors identified by the Sec4 retary, which may include— 

5 (i) consideration of threats posed by 

6 the proximity of such facilities to toxic 

7 sites; 

8 (ii) the vulnerability of such facilities 

9 to natural disasters and environmental 

10 risks; 

11 (iii) the median age of such facilities, 

12 including the facilities that such eligible 

13 entities will use grant funds to improve; 

14 (iv) the extent to which student en15 rollment exceeds physical and instructional 

16 capacity; 

17 (v) the condition of major systems in 

18 such facilities such as heating, ventilation, 

19 air conditioning, electrical, water, and 

20 sewer systems; 

21 (vi) the condition of roofs, windows, 

22 and doors of such facilities; 

23 (vii) other critical health and safety 

24 conditions; 


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1 (viii) the number and condition of fa2 cilities in significant disrepair; and 

3 (ix) the total amount of deferred 

4 maintenance of such facilities; 

5 (B) demonstrate the most limited capacity 

6 to raise funds for the long-term improvement of 

7 campus facilities, as determined by an assess8 ment of— 

9 (i) the current and historic ability of 

10 the eligible entity to raise funds for con11 struction, renovation, modernization, and 

12 major repair projects for campus; 

13 (ii) whether the eligible entity has 

14 been able to issue bonds or receive other 

15 funds to support school construction 

16 projects; and 

17 (iii) the bond rating of the eligible en18 tity; 

19 (C) enroll the highest percentages of stu20 dents who are eligible to receive a Federal Pell 

21 Grant under subpart 1 of part A of title IV of 

22 the Higher Education Act of 1965 (20 U.S.C. 

23 1070a et seq.), and whose families qualify for 

24 other Federal need-based aid; 


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1 (D) are public institutions facing declining 

2 State support or investment; or 

3 (E) demonstrate an effort to seek support 

4 from public and private entities for projects 

5 carried out with a grant awarded under this 

6 Act; and 

7 (2) may give priority to eligible entities— 

8 (A) that lack access to high-speed 

9 broadband and will use the grant funds to im10 prove access to high-speed broadband sufficient 

11 to support digital learning in accordance with 

12 section 3(a)(9); or 

13 (B) at which the highest degree that is 

14 predominantly awarded to students is an associ15 ate’s degree. 

16 (d) GEOGRAPHIC DISTRIBUTION.—The Secretary 

17 shall ensure that grants under this section are awarded 

18 to eligible entities in a manner that reflects the geographic 

19 distribution of such entities in the United States. 

20 (e) TECHNICAL ASSISTANCE.—The Secretary, di21 rectly or by grant or contract, may provide technical as22 sistance to eligible entities to prepare the entities to qual23 ify, apply for, and maintain a grant, under this Act. 

24 (f) RELATIONSHIP TO HBCU CAPITAL FINANCING

25 PROGRAM.— 


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1 (1) IN GENERAL.—The Secretary may take into 

2 consideration whether an eligible entity has received 

3 a loan under a loan agreement made under part D 

4 of title III of the Higher Education Act of 1965 (20 

5 U.S.C. 1066 et seq.) when— 

6 (A) reviewing grant applications under this 

7 section; 

8 (B) determining priority under subsection 

9 (c); and 

10 (C) determining the amount awarded for a 

11 grant under this Act. 

12 (2) PRIORITY.—With respect to paragraph 

13 (1)(B), the Secretary may— 

14 (A) determine that an eligible entity should 

15 not receive priority under subsection (c) if such 

16 entity has received a loan under a loan agree17 ment made under part D of title III of the 

18 Higher Education Act of 1965 (20 U.S.C. 1066 

19 et seq.); and 

20 (B) determine that an eligible entity 

21 should receive higher priority under subsection 

22 (c) if such entity has not received a loan under 

23 a loan agreement made under part D of title III 

24 of the Higher Education Act of 1965 (20 

25 U.S.C. 1066 et seq.). 


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1 SEC. 3. GRANT USES. 

2 (a) PERMITTED USES.—Except as provided in sub3 section (b), an eligible entity that receives a grant under 

4 this Act shall use such grant funds to carry out at least 

5 one of the following activities: 

6 (1) Construct, modernize, renovate, or retrofit 

7 the campus facilities of such entity, which may in8 clude— 

9 (A) providing for the improvement of exist10 ing, or the establishment of new, instructional 

11 program spaces, laboratories, or research facili12 ties relating to fields of science, technology, en13 gineering, the arts, mathematics, health, agri14 culture, education, medicine, law, and other dis15 ciplines; 

16 (B) constructing or improving roads or 

17 other transportation infrastructure on campus, 

18 for which the eligible entity is responsible; 

19 (C) establishing or improving the use of 

20 campus facilities for the purpose of community21 based partnerships that provide students and 

22 community members with academic, health, ca23 reer, and social services; and 

24 (D) preserving facilities with historic sig25 nificance, and facilities that house historic or 

26 cultural artifacts. 


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1 (2) Purchase or modernize vehicle fleets owned 

2 and operated by such entity that are used primarily 

3 for the purpose of facilitating campus accessibility 

4 and student academic activities. 

5 (3) Carry out major repairs to the facilities or 

6 other physical plants of such entity, including de7 ferred maintenance projects. 

8 (4) Acquire and install academic and residential 

9 furniture, fixtures, and instructional research-related 

10 equipment and technology in the campus facilities of 

11 such entity. 

12 (5) For the purpose of facilitating the construc13 tion of new campus facilities funded with a grant 

14 under this Act— 

15 (A) purchase or otherwise acquire title to 

16 land to serve as a permanent site for such fa17 cilities; and 

18 (B) to the extent that other public or pri19 vate funds are insufficient— 

20 (i) prepare land for the construction 

21 of such facilities; and 

22 (ii) pay other preconstruction costs re23 lating to the development of such facilities. 


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1 (6) Install or extend the life and usability of 

2 basic systems and components of campus facilities, 

3 which may include— 

4 (A) high-speed broadband internet infra5 structure sufficient to support digital and tech6 nology-based learning; 

7 (B) high-capacity, middle-mile broadband 

8 networks, and campus-wide broadband net9 works, including 5G and future network genera10 tions; 

11 (C) fiber, cyber, and telecommunications 

12 infrastructure, including small cells; 

13 (D) heating, ventilation, and air condi14 tioning (HVAC) or other indoor air quality sys15 tems; 

16 (E) support for last-mile service for rural 

17 campuses when other means of providing this 

18 support is unavailable; and 

19 (F) other infrastructure to support the 

20 success of operations and other digital and 

21 technology needs. 

22 (7) Strengthen the safety and security of the 

23 campus of such entity by improving or utilizing de24 sign elements, principles, and technology that— 


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1 (A) guarantee layers of security through2 out the such campus; and 

3 (B) uphold the function of such campus as 

4 a learning and teaching environment. 

5 (8) Reduce current or anticipated overcrowding 

6 in the campus facilities. 

7 (9) Ensure that the building envelopes of the 

8 campus facilities— 

9 (A) protect occupants and interiors of such 

10 facilities from natural elements; and 

11 (B) are structurally sound and secure. 

12 (10) Improve energy and water efficiency to 

13 lower the costs of energy and water consumption in 

14 campus facilities. 

15 (11) With respect to campus facilities, reduce 

16 or eliminate the presence of— 

17 (A) toxins and chemicals, including mer18 cury, radon, polychlorinated biphenyls, lead, 

19 and asbestos; 

20 (B) mold and mildew; 

21 (C) rodents and pests; or 

22 (D) biological, radiological, and other 

23 waste related to research. 

24 (12) Ensure the safety of drinking water at the 

25 tap and water used for meal preparation in campus 


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1 facilities, which may include testing of the potability 

2 of water at the tap for the presence of lead and 

3 other contaminants. 

4 (13) Bring campus facilities into compliance 

5 with applicable fire, health, and safety codes and 

6 regulations. 

7 (14) Make existing campus facilities accessible 

8 to individuals with disabilities through compliance 

9 with— 

10 (A) the Americans with Disabilities Act of 

11 1990 (42 U.S.C. 12101 et seq.); and 

12 (B) section 504 of the Rehabilitation Act 

13 of 1973 (29 U.S.C. 794). 

14 (b) PROHIBITED USES.—An eligible entity that re15 ceives a grant under this Act may not use such grant 

16 funds for— 

17 (1) payment of routine and predictable mainte18 nance costs, minor repairs, and utility bills; or 

19 (2) any facility that is— 

20 (A) primarily used for athletic contests or 

21 exhibitions or other events for which admission 

22 is charged to the general public; 

23 (B) primarily used for or associated with 

24 sectarian instruction or religious worship; or 


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1 (3) the purchase or support of any communica2 tions equipment or service (as defined in section 9 

3 of the Secure and Trusted Networks Act of 2019 

4 (47 U.S.C. 1608)) that poses a risk to national secu5 rity. 

6 (c) SUPPLEMENT NOT SUPPLANT.—An eligible enti7 ty shall use a grant received under this Act only to supple8 ment the level of Federal, State, and local public funds 

9 that would, in the absence of such grant, be made avail10 able for the activities supported by the grant, and not to 

11 supplant such funds. 

12 (d) ENCOURAGING PARTNERSHIPS.—The Secretary 

13 shall encourage partnerships between eligible entities and 

14 public and private entities to— 

15 (1) provide additional funding; and 

16 (2) assist in carrying out the activities under 

17 this Act. 

18 SEC. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND EN19 ERGY AND WATER CONSERVATION. 

20 An eligible entity that receives a grant under this Act 

21 shall ensure that any new construction, modernization, or 

22 renovation project carried out with such grant funds meets 

23 or exceeds the following requirements: 


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1 (1) Requirements for such projects set forth in 

2 the most recent published edition of a nationally rec3 ognized, consensus-based model building code. 

4 (2) Requirements for such projects set forth in 

5 the most recent published edition of a nationally rec6 ognized, consensus-based model energy conservation 

7 code. 

8 (3) Performance criteria under the WaterSense 

9 program, established under section 324B of the of 

10 the Energy Policy and Conservation Act (42 U.S.C. 

11 6294b), applicable to such projects within a nation12 ally recognized, consensus-based model code. 

13 SEC. 5. USE OF SMALL BUSINESS CONCERNS. 

14 In carrying out projects funded with a grant under 

15 this Act, an eligible entity shall seek to procure contracts 

16 from small business concerns owned and controlled by vet17 erans (including service-disabled veterans), qualified 

18 HUBZone small business concerns, small business con19 cerns owned and controlled by socially and economically 

20 disadvantaged individuals, and small business concerns 

21 owned and controlled by women. 


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1 SEC. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER 

2 ACTIVITIES. 

3 (a) RESERVATION.—An eligible entity that receives 

4 a grant under this Act may reserve a total of not more 

5 than five percent of the amount of such grant to— 

6 (1) develop the facilities master plan required 

7 under subsection (b); 

8 (2) carry out activities to— 

9 (A) protect the health of students, staff, 

10 administrators, faculty, researchers, and guests 

11 during the construction or modernization of the 

12 campus facilities of such entity; and 

13 (B) mitigate excessive noise caused by ac14 tivities carried out under this Act; 

15 (3) pay personnel to carry out administrative 

16 work relating to the grant program; and 

17 (4) pay other reasonable administrative costs 

18 associated with the grant program. 

19 (b) FACILITIES MASTER PLAN.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after receiving a grant under this Act, an eligible en22 tity shall submit to the Secretary a comprehensive 

23 10-year facilities master plan. 

24 (2) ELEMENTS.—The facilities master plan re25 quired under paragraph (1) shall include, with reVerDate Sep 11 2014 03:31 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3294.IH H3294

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1 spect to the eligible entity submitting such plan, a 

2 description of— 

3 (A) the extent to which the campus facili4 ties— 

5 (i) meet the educational needs of stu6 dents; and 

7 (ii) support the educational mission 

8 and vision of such entity; 

9 (B) the physical condition of the campus 

10 facilities; 

11 (C) the current health, safety, and environ12 mental conditions of the campus facilities, in13 cluding— 

14 (i) indoor air quality; 

15 (ii) the presence of hazardous and 

16 toxic substances and chemicals on or near 

17 such facilities; 

18 (iii) the safety of drinking water at 

19 the tap and water used for meal prepara20 tion, including the level of lead and other 

21 contaminants in such water; 

22 (iv) energy and water efficiency; 

23 (v) excessive noise in academic spaces; 

24 and 


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1 (vi) other health, safety, and environ2 mental conditions that would impact the 

3 health, safety, and learning ability of stu4 dents; 

5 (D) the actual and anticipated impact of 

6 current and future student enrollment levels (as 

7 of the date of application) on the design of cur8 rent and future campus facilities, as well as the 

9 financial implications of such enrollment levels; 

10 (E) the dollar amount and percentage of 

11 funds such entity will dedicate to capital con12 struction projects, including— 

13 (i) any funds in the budget of such 

14 entity that will be dedicated to such 

15 projects; and 

16 (ii) any funds not in such budget that 

17 will be dedicated to such projects, includ18 ing any funds available to the eligibility en19 tity as the result of a bond issue or the 

20 Historically Black College and University 

21 Capital Financing Program under part D 

22 of title III of the Higher Education Act of 

23 1965 (20 U.S.C. 1066 et seq.); and 

24 (F) the dollar amount and percentage of 

25 funds such entity will dedicate to the mainteVerDate Sep 11 2014 03:31 Jul 01, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3294.IH H3294

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1 nance and operation of campus facilities, in2 cluding— 

3 (i) any funds in the budget of such 

4 entity that will be dedicated to the mainte5 nance and operation of such facilities; and 

6 (ii) any funds not in the budget of 

7 such entity that will be dedicated to the 

8 maintenance and operation of such facili9 ties. 

10 (3) CONSULTATION.—In developing the facili11 ties master plan, the eligible entity demonstrate that 

12 it conducted meaningful consultation with diverse 

13 stakeholders, which may include— 

14 (A) staff and other institutional leaders; 

15 (B) custodial and maintenance staff; 

16 (C) emergency first responders; 

17 (D) campus facilities directors; 

18 (E) students and families; 

19 (F) community residents, including those 

20 directly affected by actions undertaken as a re21 sult of utilizing grant funds; 

22 (G) government entities; 

23 (H) local charitable foundations; 

24 (I) local employers; 

25 (J) Indian Tribes, as applicable; and 


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1 (K) other such individuals and entities. 

2 SEC. 7. HBCU CAPITAL FINANCING LOAN DISBURSEMENT 

3 AND FORGIVENESS. 

4 (a) IN GENERAL.—Each time an institution of higher 

5 education receives a disbursement of a loan amount under 

6 a covered closed loan agreement, the Secretary shall 

7 repay— 

8 (1) the outstanding balance of principal, inter9 est, fees, and costs on such loan amount (as of the 

10 date of such disbursement) under the covered closed 

11 loan agreement; and 

12 (2) any reimbursement (including reimburse13 ments of escrow and return of fees and deposits) re14 lating to the covered closed loan agreement that are 

15 usual and customary when the loan is paid off by 

16 the institution. 

17 (b) COVERED CLOSED LOAN AGREEMENT.—In this 

18 section, the term ‘‘covered closed loan agreement’’ means 

19 each of the following: 

20 (1) A closed loan agreement— 

21 (A) executed before the date of enactment 

22 of the Consolidated Appropriations Act, 2021 

23 (Public Law 116–260); 


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1 (B) made under part D of title III of the 

2 Higher Education Act of 1965 (20 U.S.C. 1066 

3 et seq.); and 

4 (C) that provides for loan amounts that 

5 have not been disbursed as of the date of enact6 ment of the Consolidated Appropriations Act, 

7 2021 (Public Law 116–260). 

8 (2) A closed loan agreement— 

9 (A) authorized under section 3512 of the 

10 CARES Act (20 U.S.C. 1001 note); and 

11 (B) made for the deferment of balances 

12 that have not been disbursed as of the date of 

13 enactment of the Consolidated Appropriations 

14 Act, 2021 (Public Law 116–260). 

15 SEC. 8. REPORTS. 

16 (a) DEPARTMENT OF EDUCATION REPORT.— 

17 (1) IN GENERAL.—Not later than 2 years after 

18 the date of the enactment of this Act, and annually 

19 thereafter, the Secretary shall submit to the appro20 priate congressional committees a report on the 

21 projects carried out with grant funds awarded under 

22 this Act. 

23 (2) ELEMENTS.—The report required under 

24 paragraph (1) shall include— 


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1 (A) with respect to projects carried out by 

2 eligible entities with grant funds awarded under 

3 this Act, an assessment of— 

4 (i) the types of such projects; 

5 (ii) the square footage of the improve6 ments made by such projects, 

7 disaggregated by— 

8 (I) total square footage; and 

9 (II) square footage per each eligi10 ble entity; 

11 (iii) the total cost of each such 

12 project; 

13 (iv) the cost described in clause (iii), 

14 disaggregated by the cost of— 

15 (I) planning; 

16 (II) design; 

17 (III) construction; 

18 (IV) site purchase; and 

19 (V) improvements; 

20 (v) the geographic distribution of such 

21 projects; and 

22 (vi) the demographic composition of 

23 the student population served by such 

24 projects, disaggregated by— 

25 (I) race and ethnicity; and 


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1 (II) the number and percentage 

2 of students enrolled at such entities 

3 who are eligible to receive a Federal 

4 Pell Grant under subpart 1 of part A 

5 of title IV of the Higher Education 

6 Act of 1965 (20 U.S.C. 1070a et 

7 seq.); 

8 (B) an evaluation of a sample of grant re9 cipients, selected by the Secretary taking into 

10 account size and geographic location of each 

11 grantee, to determine how such recipients are 

12 using the grant and the effectiveness of the ac13 tivities carried out with the grant; and 

14 (C) an analysis of compliance with the re15 quirement in section 3(c). 

16 (b) COMPTROLLER GENERAL STUDY REPORT.— 

17 (1) STUDY REQUIRED.—Not later than 4 years 

18 after the date of the enactment of this Act, the 

19 Comptroller General of the United States shall con20 duct a study on the implementation of the grant 

21 program under this Act. 

22 (2) ELEMENTS.—The study conducted under 

23 paragraph (1) shall include— 

24 (A) an examination of program implemen25 tation challenges; and 


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1 (B) an assessment of whether any changes 

2 are needed to make grants under this Act more 

3 accessible to eligible entities with fiscal chal4 lenges to help them raise capital for infrastruc5 ture projects. 

6 (3) REPORT.—After the completion of the study 

7 under paragraph (1), the Comptroller General shall 

8 submit to the appropriate congressional committees 

9 a report on the results of the study, including any 

10 recommendations to the Secretary for improvements 

11 to the implementation of the grant program under 

12 this Act. 

13 SEC. 9. DEFINITIONS. 

14 In this Act: 

15 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti16 ty’’ means— 

17 (A) a part B institution, as such term is 

18 defined in section 322(2) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1061(2)); or 

20 (B) a Historically Black Graduate Profes21 sional School identified in section 326(e) of 

22 such Act (20 U.S.C. 1063b(e)). 

23 (2) SECRETARY.—The term ‘‘Secretary’’ means 

24 the Secretary of Education. 


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1 (3) STATE.—The term ‘‘State’’ has the mean2 ing given such term in section 103 of the Higher 

3 Education Act of 1965 (20 U.S.C. 1003). 

4 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as may be necessary to carry out this Act for each of fiscal 

7 years 2022 through 2027. 

Æ 


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