S. 4528

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4528 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4528

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 14, 2026

Mr. Scott of South Carolina (for himself, Mr. Coons, Mr. Warnock, Mr. 
Tillis, Mr. Van Hollen, Ms. Blunt Rochester, Mr. Booker, and Mr. 
Boozman) introduced the following 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Institutional Grants for New 
Infrastructure, Technology, and Education for HBCU Excellence Act'' or 
the ``IGNITE HBCU Excellence Act''.

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

(a) In General.--
(1) Grants authorized.--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.
(2) Grant period.--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).
(3) Multiple grants permitted.--An eligible entity may 
apply for, and be awarded, more than 1 grant under this 
section.
(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;
(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.
(c) Priority.--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).
(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) 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.
(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, 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.
(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. 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--
(1) small business concerns owned and controlled by 
veterans (including service-disabled veterans); and
(2) qualified HUBZone small business concerns.

SEC. 5. 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 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.
(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 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.
(2) Elements.--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.
(3) Consultation.--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.

SEC. 6. 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 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).

SEC. 7. 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;
(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 Appropriations Report.--
(1) In general.--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.
(2) Elements.--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.
(3) Report.--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.
(4) Results.--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).
(c) Comptroller General Implementation 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. 8. DEFINITIONS.

In this Act:
(1) Eligible entity.--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)).
(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. 9. 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 2027 through 
2032.
<all>