(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 im-
prove 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 associ-
ate’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, di-
rectly or by grant or contract, may provide technical as-
sistance to eligible entities to prepare the entities to qual-
ify, apply for, and maintain a grant, under this Act. 
(f) RELATIONSHIP TO HBCU CAPITAL FINANCING 
PROGRAM.— 
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(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 agree-
ment 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.). 
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SEC. 3. GRANT USES. 
(a) PERMITTED USES.—Except as provided in sub-
section (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 in-
clude— 
(A) providing for the improvement of exist-
ing, or the establishment of new, instructional 
program spaces, laboratories, or research facili-
ties relating to fields of science, technology, en-
gineering, the arts, mathematics, health, agri-
culture, education, medicine, law, and other dis-
ciplines; 
(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, ca-
reer, and social services; and 
(D) preserving facilities with historic sig-
nificance, and facilities that house historic or 
cultural artifacts. 
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(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 de-
ferred 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 construc-
tion 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 fa-
cilities; and 
(B) to the extent that other public or pri-
vate funds are insufficient— 
(i) prepare land for the construction 
of such facilities; and 
(ii) pay other preconstruction costs re-
lating to the development of such facilities. 
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(6) Install or extend the life and usability of 
basic systems and components of campus facilities, 
which may include— 
(A) high-speed broadband internet infra-
structure sufficient to support digital and tech-
nology-based learning; 
(B) high-capacity, middle-mile broadband 
networks, and campus-wide broadband net-
works, including 5G and future network genera-
tions; 
(C) fiber, cyber, and telecommunications 
infrastructure, including small cells; 
(D) heating, ventilation, and air condi-
tioning (HVAC) or other indoor air quality sys-
tems; 
(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 de-
sign elements, principles, and technology that— 
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(A) guarantee layers of security through-
out 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 mer-
cury, 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 
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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 re-
ceives a grant under this Act may not use such grant 
funds for— 
(1) payment of routine and predictable mainte-
nance 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; 
(B) primarily used for or associated with 
sectarian instruction or religious worship; or 
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(3) the purchase or support of any communica-
tions 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 secu-
rity. 
(c) SUPPLEMENT NOT SUPPLANT.—An eligible enti-
ty shall use a grant received under this Act only to supple-
ment the level of Federal, State, and local public funds 
that would, in the absence of such grant, be made avail-
able 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 EN-
ERGY 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: 
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(1) Requirements for such projects set forth in 
the most recent published edition of a nationally rec-
ognized, consensus-based model building code. 
(2) Requirements for such projects set forth in 
the most recent published edition of a nationally rec-
ognized, 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 nation-
ally 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 vet-
erans (including service-disabled veterans), qualified 
HUBZone small business concerns, small business con-
cerns owned and controlled by socially and economically 
disadvantaged individuals, and small business concerns 
owned and controlled by women. 
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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 ac-
tivities 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 en-
tity shall submit to the Secretary a comprehensive 
10-year facilities master plan. 
(2) ELEMENTS.—The facilities master plan re-
quired under paragraph (1) shall include, with re-
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spect to the eligible entity submitting such plan, a 
description of— 
(A) the extent to which the campus facili-
ties— 
(i) meet the educational needs of stu-
dents; 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 environ-
mental conditions of the campus facilities, in-
cluding— 
(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 prepara-
tion, including the level of lead and other 
contaminants in such water; 
(iv) energy and water efficiency; 
(v) excessive noise in academic spaces; 
and 
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(vi) other health, safety, and environ-
mental conditions that would impact the 
health, safety, and learning ability of stu-
dents; 
(D) the actual and anticipated impact of 
current and future student enrollment levels (as 
of the date of application) on the design of cur-
rent 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 con-
struction 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, includ-
ing any funds available to the eligibility en-
tity 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 mainte-
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nance and operation of campus facilities, in-
cluding— 
(i) any funds in the budget of such 
entity that will be dedicated to the mainte-
nance 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 facili-
ties. 
(3) CONSULTATION.—In developing the facili-
ties 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 re-
sult of utilizing grant funds; 
(G) government entities; 
(H) local charitable foundations; 
(I) local employers; 
(J) Indian Tribes, as applicable; and 
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(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, inter-
est, 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 reimburse-
ments of escrow and return of fees and deposits) re-
lating 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); 
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(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 enact-
ment 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 appro-
priate 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— 
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(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 improve-
ments 
made 
by 
such 
projects, 
disaggregated by— 
(I) total square footage; and 
(II) square footage per each eligi-
ble 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 
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(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 re-
cipients, 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 ac-
tivities carried out with the grant; and 
(C) an analysis of compliance with the re-
quirement 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 con-
duct 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 implemen-
tation challenges; and 
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(B) an assessment of whether any changes 
are needed to make grants under this Act more 
accessible to eligible entities with fiscal chal-
lenges to help them raise capital for infrastruc-
ture 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 enti-
ty’’ means— 
(A) a part B institution, as such term is 
defined in section 322(2) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1061(2)); or 
(B) a Historically Black Graduate Profes-
sional School identified in section 326(e) of 
such Act (20 U.S.C. 1063b(e)). 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
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(3) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act for each of fiscal 
years 2022 through 2027. 
Æ 
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