H.R. 8803, IGNITE HBCU, TCU, and MSI Excellence Act
Summary
House bill H.R. 8803 of the 117th Congress, 2D Session, was introduced September 13, 2022, to provide for the long-term improvement of minority-serving institutions, and for other purposes. Adams introduced it, and it was referred to the Committee on Education and Labor. The short title is the IGNITE HBCU, TCU, and MSI Excellence Act. Section 2 directs the Secretary to award grants to eligible entities, on a competitive basis, to support long-term improvements to the facilities of such entities, and sets priority for entities that demonstrate the greatest need to improve campus facilities.
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Cite this document
“H.R. 8803, IGNITE HBCU, TCU, and MSI Excellence Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr8803ih-bills-117hr8803ih/
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I
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.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘IGNITE HBCU, TCU,
5 and MSI Excellence Act’’.
6 SEC. 2. GRANTS FOR THE LONG-TERM IMPROVEMENT OF
7 MSIS.
8 (a) IN GENERAL.—The Secretary shall award grants
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9 to eligible entities, on a competitive basis, to support long-
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1 term improvements to the facilities of such entities in ac-
2 cordance with this Act.
3 (b) APPLICATION.—To be considered for a grant
4 under this section, an eligible entity shall submit an appli-
5 cation to the Secretary at such time, in such manner, and
6 containing such information as the Secretary may require,
7 including—
8 (1) to the extent possible, the information nec-
9 essary for the Secretary to make the determinations
10 under subsection (c);
11 (2) a description of the projects that such eligi-
12 ble entity plans to carry out with the grant, and how
13 such projects will advance the long-term goals of the
14 entity; and
15 (3) an explanation of how such projects will re-
16 duce risks to the health, welfare, and safety of stu-
17 dents, staff, administrators, faculty, researchers, and
18 guests at such eligible entity.
19 (c) PRIORITY.—In awarding grants under this sec-
20 tion, the Secretary—
21 (1) shall give priority to eligible entities that—
22 (A) demonstrate the greatest need to im-
23 prove campus facilities, as determined by a
24 comparison of factors identified by the Sec-
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25 retary, which may include—
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1 (i) consideration of threats posed by
2 the proximity of such facilities to toxic
3 sites;
4 (ii) the vulnerability of such facilities
5 to natural disasters and environmental
6 risks;
7 (iii) the median age of such facilities,
8 including the facilities that such eligible
9 entities will use grant funds to improve;
10 (iv) the extent to which student en-
11 rollment exceeds physical and instructional
12 capacity;
13 (v) the condition of major systems in
14 such facilities such as heating, ventilation,
15 air conditioning, electrical, water, and
16 sewer systems;
17 (vi) the condition of roofs, windows,
18 and doors of such facilities;
19 (vii) other critical health and safety
20 conditions;
21 (viii) the number and condition of fa-
22 cilities in significant disrepair; and
23 (ix) the total amount of deferred
24 maintenance of such facilities;
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1 (B) demonstrate the most limited capacity
2 to raise funds for the long-term improvement of
3 campus facilities, as determined by an assess-
4 ment of—
5 (i) the current and historic ability of
6 the eligible entity to raise funds for con-
7 struction, renovation, modernization, and
8 major repair projects for campus;
9 (ii) whether the eligible entity has
10 been able to issue bonds or receive other
11 funds to support school construction
12 projects; and
13 (iii) the bond rating of the eligible en-
14 tity;
15 (C) enroll the highest percentages of stu-
16 dents who are eligible to receive a Federal Pell
17 Grant under subpart 1 of part A of title IV of
18 the Higher Education Act of 1965 (20 U.S.C.
19 1070a et seq.), and whose families qualify for
20 other Federal need-based aid;
21 (D) are public institutions facing declining
22 State support or investment; or
23 (E) demonstrate an effort to seek support
24 from public and private entities for projects
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1 carried out with a grant awarded under this
2 Act; and
3 (2) may give priority to eligible entities—
4 (A) that lack access to high-speed
5 broadband and will use the grant funds to im-
6 prove access to high-speed broadband sufficient
7 to support digital learning in accordance with
8 section 3(a)(9); or
9 (B) at which the highest degree that is
10 predominantly awarded to students is an associ-
11 ate’s degree.
12 (d) GEOGRAPHIC DISTRIBUTION.—The Secretary
13 shall ensure that grants under this section are awarded
14 to eligible entities in a manner that reflects the geographic
15 distribution of such entities in the United States.
16 (e) TECHNICAL ASSISTANCE.—The Secretary, di-
17 rectly or by grant or contract, may provide technical as-
18 sistance to eligible entities to prepare the entities to qual-
19 ify, apply for, and maintain a grant, under this Act.
20 (f) RELATIONSHIP TO HBCU CAPITAL FINANCING
21 PROGRAM.—
22 (1) IN GENERAL.—The Secretary may take into
23 consideration whether an eligible entity has received
24 a loan under a loan agreement made under part D
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1 of title III of the Higher Education Act of 1965 (20
2 U.S.C. 1066 et seq.) when—
3 (A) reviewing grant applications under this
4 section;
5 (B) determining priority under subsection
6 (c); and
7 (C) determining the amount awarded for a
8 grant under this Act.
9 (2) PRIORITY.—With respect to paragraph
10 (1)(B), the Secretary may—
11 (A) determine that an eligible entity should
12 not receive priority under subsection (c) if such
13 entity has received a loan under a loan agree-
14 ment made under part D of title III of the
15 Higher Education Act of 1965 (20 U.S.C. 1066
16 et seq.); and
17 (B) determine that an eligible entity
18 should receive higher priority under subsection
19 (c) if such entity has not received a loan under
20 a loan agreement made under part D of title III
21 of the Higher Education Act of 1965 (20
22 U.S.C. 1066 et seq.).
23 SEC. 3. GRANT USES.
24 (a) PERMITTED USES.—Except as provided in sub-
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25 section (b), an eligible entity that receives a grant under
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1 this Act shall use such grant funds to carry out at least
2 one of the following activities:
3 (1) Construct, modernize, renovate, or retrofit
4 the campus facilities of such entity, which may in-
5 clude—
6 (A) providing for the improvement of exist-
7 ing, or the establishment of new, instructional
8 program spaces, laboratories, or research facili-
9 ties relating to fields of science, technology, en-
10 gineering, the arts, mathematics, health, agri-
11 culture, education, medicine, law, and other dis-
12 ciplines;
13 (B) constructing or improving roads or
14 other transportation infrastructure on campus,
15 for which the eligible entity is responsible;
16 (C) establishing or improving the use of
17 campus facilities for the purpose of community-
18 based partnerships that provide students and
19 community members with academic, health, ca-
20 reer, and social services; and
21 (D) preserving facilities with historic sig-
22 nificance, and facilities that house historic or
23 cultural artifacts.
24 (2) Purchase or modernize vehicle fleets owned
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25 and operated by such entity that are used primarily
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1 for the purpose of facilitating campus accessibility
2 and student academic activities.
3 (3) Carry out major repairs to the facilities or
4 other physical plants of such entity, including de-
5 ferred maintenance projects.
6 (4) Acquire and install academic and residential
7 furniture, fixtures, and instructional research-related
8 equipment and technology in the campus facilities of
9 such entity.
10 (5) For the purpose of facilitating the construc-
11 tion of new campus facilities funded with a grant
12 under this Act—
13 (A) purchase or otherwise acquire title to
14 land to serve as a permanent site for such fa-
15 cilities; and
16 (B) to the extent that other public or pri-
17 vate funds are insufficient—
18 (i) prepare land for the construction
19 of such facilities; and
20 (ii) pay other preconstruction costs re-
21 lating to the development of such facilities.
22 (6) Install or extend the life and usability of
23 basic systems and components of campus facilities,
24 which may include—
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1 (A) high-speed broadband internet infra-
2 structure sufficient to support digital and tech-
3 nology-based learning;
4 (B) high-capacity, middle-mile broadband
5 networks, and campus-wide broadband net-
6 works, including 5G and future network genera-
7 tions;
8 (C) fiber, cyber, and telecommunications
9 infrastructure, including small cells;
10 (D) heating, ventilation, and air condi-
11 tioning (HVAC) or other indoor air quality sys-
12 tems;
13 (E) support for last-mile service for rural
14 campuses when other means of providing this
15 support is unavailable; and
16 (F) other infrastructure to support the
17 success of operations and other digital and
18 technology needs.
19 (7) Strengthen the safety and security of the
20 campus of such entity by improving or utilizing de-
21 sign elements, principles, and technology that—
22 (A) guarantee layers of security through-
23 out the such campus; and
24 (B) uphold the function of such campus as
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1 (8) Reduce current or anticipated overcrowding
2 in the campus facilities.
3 (9) Ensure that the building envelopes of the
4 campus facilities—
5 (A) protect occupants and interiors of such
6 facilities from natural elements; and
7 (B) are structurally sound and secure.
8 (10) Improve energy and water efficiency to
9 lower the costs of energy and water consumption in
10 campus facilities.
11 (11) With respect to campus facilities, reduce
12 or eliminate the presence of—
13 (A) toxins and chemicals, including mer-
14 cury, radon, polychlorinated biphenyls, lead,
15 and asbestos;
16 (B) mold and mildew;
17 (C) rodents and pests; or
18 (D) biological, radiological, and other
19 waste related to research.
20 (12) Ensure the safety of drinking water at the
21 tap and water used for meal preparation in campus
22 facilities, which may include testing of the potability
23 of water at the tap for the presence of lead and
24 other contaminants.
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1 (13) Bring campus facilities into compliance
2 with applicable fire, health, and safety codes and
3 regulations.
4 (14) Make existing campus facilities accessible
5 to individuals with disabilities through compliance
6 with—
7 (A) the Americans with Disabilities Act of
8 1990 (42 U.S.C. 12101 et seq.); and
9 (B) section 504 of the Rehabilitation Act
10 of 1973 (29 U.S.C. 794).
11 (b) PROHIBITED USES.—An eligible entity that re-
12 ceives a grant under this Act may not use such grant
13 funds for—
14 (1) payment of routine and predictable mainte-
15 nance costs, minor repairs, and utility bills; or
16 (2) any facility that is—
17 (A) primarily used for athletic contests or
18 exhibitions or other events for which admission
19 is charged to the general public; or
20 (B) primarily used for or associated with
21 sectarian instruction or religious worship; or
22 (3) the purchase or support of any communica-
23 tions equipment or service (as defined in section 9
24 of the Secure and Trusted Networks Act of 2019
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1 (47 U.S.C. 1608)) that poses a risk to national secu-
2 rity.
3 (c) SUPPLEMENT NOT SUPPLANT.—An eligible enti-
4 ty shall use a grant received under this Act only to supple-
5 ment the level of Federal, State, and local public funds
6 that would, in the absence of such grant, be made avail-
7 able for the activities supported by the grant, and not to
8 supplant such funds.
9 (d) ENCOURAGING PARTNERSHIPS.—The Secretary
10 shall encourage partnerships between eligible entities and
11 public and private entities to—
12 (1) provide additional funding; and
13 (2) assist in carrying out the activities under
14 this Act.
15 SEC. 4. REQUIREMENTS FOR HAZARD-RESISTANCE AND EN-
16 ERGY AND WATER CONSERVATION.
17 An eligible entity that receives a grant under this Act
18 shall ensure that any new construction, modernization, or
19 renovation project carried out with such grant funds meets
20 or exceeds the following requirements:
21 (1) Requirements for such projects set forth in
22 the most recent published edition of a nationally rec-
23 ognized, consensus-based model building code.
24 (2) Requirements for such projects set forth in
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1 ognized, consensus-based model energy conservation
2 code.
3 (3) Performance criteria under the WaterSense
4 program, established under section 324B of the of
5 the Energy Policy and Conservation Act (42 U.S.C.
6 6294b), applicable to such projects within a nation-
7 ally recognized, consensus-based model code.
8 SEC. 5. USE OF SMALL BUSINESS CONCERNS.
9 In carrying out projects funded with a grant under
10 this Act, an eligible entity shall seek to procure contracts
11 from small business concerns owned and controlled by vet-
12 erans (including service-disabled veterans), qualified
13 HUBZone small business concerns, small business con-
14 cerns owned and controlled by socially and economically
15 disadvantaged individuals, and small business concerns
16 owned and controlled by women.
17 SEC. 6. RESERVATION FOR ADMINISTRATIVE AND OTHER
18 ACTIVITIES.
19 (a) RESERVATION.—An eligible entity that receives
20 a grant under this Act may reserve a total of not more
21 than five percent of the amount of such grant to—
22 (1) develop the facilities master plan required
23 under subsection (b);
24 (2) carry out activities to—
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1 (A) protect the health of students, staff,
2 administrators, faculty, researchers, and guests
3 during the construction or modernization of the
4 campus facilities of such entity; and
5 (B) mitigate excessive noise caused by ac-
6 tivities carried out under this Act;
7 (3) pay personnel to carry out administrative
8 work relating to the grant program; and
9 (4) pay other reasonable administrative costs
10 associated with the grant program.
11 (b) FACILITIES MASTER PLAN.—
12 (1) IN GENERAL.—Not later than 180 days
13 after receiving a grant under this Act, an eligible en-
14 tity shall submit to the Secretary a comprehensive
15 10-year facilities master plan.
16 (2) ELEMENTS.—The facilities master plan re-
17 quired under paragraph (1) shall include, with re-
18 spect to the eligible entity submitting such plan, a
19 description of—
20 (A) the extent to which the campus facili-
21 ties—
22 (i) meet the educational needs of stu-
23 dents; and
24 (ii) support the educational mission
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25 and vision of such entity;
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1 (B) the physical condition of the campus
2 facilities;
3 (C) the current health, safety, and environ-
4 mental conditions of the campus facilities, in-
5 cluding—
6 (i) indoor air quality;
7 (ii) the presence of hazardous and
8 toxic substances and chemicals on or near
9 such facilities;
10 (iii) the safety of drinking water at
11 the tap and water used for meal prepara-
12 tion, including the level of lead and other
13 contaminants in such water;
14 (iv) energy and water efficiency;
15 (v) excessive noise in academic spaces;
16 and
17 (vi) other health, safety, and environ-
18 mental conditions that would impact the
19 health, safety, and learning ability of stu-
20 dents;
21 (D) the actual and anticipated impact of
22 current and future student enrollment levels (as
23 of the date of application) on the design of cur-
24 rent and future campus facilities, as well as the
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1 (E) the dollar amount and percentage of
2 funds such entity will dedicate to capital con-
3 struction projects, including—
4 (i) any funds in the budget of such
5 entity that will be dedicated to such
6 projects; and
7 (ii) any funds not in such budget that
8 will be dedicated to such projects, includ-
9 ing any funds available to the eligibility en-
10 tity as the result of a bond issue or the
11 Historically Black College and University
12 Capital Financing Program under part D
13 of title III of the Higher Education Act of
14 1965 (20 U.S.C. 1066 et seq.); and
15 (F) the dollar amount and percentage of
16 funds such entity will dedicate to the mainte-
17 nance and operation of campus facilities, in-
18 cluding—
19 (i) any funds in the budget of such
20 entity that will be dedicated to the mainte-
21 nance and operation of such facilities; and
22 (ii) any funds not in the budget of
23 such entity that will be dedicated to the
24 maintenance and operation of such facili-
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1 (3) CONSULTATION.—In developing the facili-
2 ties master plan, the eligible entity demonstrate that
3 it conducted meaningful consultation with diverse
4 stakeholders, which may include—
5 (A) staff and other institutional leaders;
6 (B) custodial and maintenance staff;
7 (C) emergency first responders;
8 (D) campus facilities directors;
9 (E) students and families;
10 (F) community residents, including those
11 directly affected by actions undertaken as a re-
12 sult of utilizing grant funds;
13 (G) government entities;
14 (H) local charitable foundations;
15 (I) local employers;
16 (J) Indian Tribes, as applicable; and
17 (K) other such individuals and entities.
18 SEC. 7. HBCU CAPITAL FINANCING LOAN DISBURSEMENT
19 AND FORGIVENESS.
20 (a) IN GENERAL.—Each time an institution of higher
21 education receives a disbursement of a loan amount under
22 a covered closed loan agreement, the Secretary shall
23 repay—
24 (1) the outstanding balance of principal, inter-
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1 date of such disbursement) under the covered closed
2 loan agreement; and
3 (2) any reimbursement (including reimburse-
4 ments of escrow and return of fees and deposits) re-
5 lating to the covered closed loan agreement that are
6 usual and customary when the loan is paid off by
7 the institution.
8 (b) COVERED CLOSED LOAN AGREEMENT.—In this
9 section, the term ‘‘covered closed loan agreement’’ means
10 each of the following:
11 (1) A closed loan agreement—
12 (A) executed before the date of enactment
13 of the Consolidated Appropriations Act, 2021
14 (Public Law 116–260);
15 (B) made under part D of title III of the
16 Higher Education Act of 1965 (20 U.S.C. 1066
17 et seq.); and
18 (C) that provides for loan amounts that
19 have not been disbursed as of the date of enact-
20 ment of the Consolidated Appropriations Act,
21 2021 (Public Law 116–260).
22 (2) A closed loan agreement—
23 (A) authorized under section 3512 of the
24 CARES Act (20 U.S.C. 1001 note); and
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1 (B) made for the deferment of balances
2 that have not been disbursed as of the date of
3 enactment of the Consolidated Appropriations
4 Act, 2021 (Public Law 116–260).
5 SEC. 8. REPORTS.
6 (a) DEPARTMENT OF EDUCATION REPORT.—
7 (1) IN GENERAL.—Not later than 2 years after
8 the date of the enactment of this Act, and annually
9 thereafter, the Secretary shall submit to the appro-
10 priate congressional committees a report on the
11 projects carried out with grant funds awarded under
12 this Act.
13 (2) ELEMENTS.—The report required under
14 paragraph (1) shall include—
15 (A) with respect to projects carried out by
16 eligible entities with grant funds awarded under
17 this Act, an assessment of—
18 (i) the types of such projects;
19 (ii) the square footage of the improve-
20 ments made by such projects,
21 disaggregated by—
22 (I) total square footage; and
23 (II) square footage per each eligi-
24 ble entity;
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1 (iii) the total cost of each such
2 project; and
3 (iv) the cost described in clause (iii),
4 disaggregated by the cost of—
5 (I) planning;
6 (II) design;
7 (III) construction;
8 (IV) site purchase; and
9 (V) improvements;
10 (v) the geographic distribution of such
11 projects; and
12 (vi) the demographic composition of
13 the student population served by such
14 projects, disaggregated by—
15 (I) race and ethnicity; and
16 (II) the number and percentage
17 of students enrolled at such entities
18 who are eligible to receive a Federal
19 Pell Grant under subpart 1 of part A
20 of title IV of the Higher Education
21 Act of 1965 (20 U.S.C. 1070a et
22 seq.);
23 (B) an evaluation of a sample of grant re-
24 cipients, selected by the Secretary taking into
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1 grantee, to determine how such recipients are
2 using the grant and the effectiveness of the ac-
3 tivities carried out with the grant; and
4 (C) an analysis of compliance with the re-
5 quirement in section 3(c).
6 (b) COMPTROLLER GENERAL STUDY REPORT.—
7 (1) STUDY REQUIRED.—Not later than 4 years
8 after the date of the enactment of this Act, the
9 Comptroller General of the United States shall con-
10 duct a study on the implementation of the grant
11 program under this Act.
12 (2) ELEMENTS.—The study conducted under
13 paragraph (1) shall include—
14 (A) an examination of program implemen-
15 tation challenges; and
16 (B) an assessment of whether any changes
17 are needed to make grants under this Act more
18 accessible to eligible entities with fiscal chal-
19 lenges to help them raise capital for infrastruc-
20 ture projects.
21 (3) REPORT.—After the completion of the study
22 under paragraph (1), the Comptroller General shall
23 submit to the appropriate congressional committees
24 a report on the results of the study, including any
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1 to the implementation of the grant program under
2 this Act.
3 SEC. 9. DEFINITIONS.
4 In this Act:
5 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
6 ty’’ means—
7 (A) a part B institution (as defined in sec-
8 tion 322 of the Higher Education Act of 1965
9 (20 U.S.C. 1061));
10 (B) a Historically Black Graduate Profes-
11 sional School (as identified in section 326(e) of
12 such Act (20 U.S.C. 1063b(e)));
13 (C) a Hispanic-serving institution (as de-
14 fined in section 502 of such Act (20 U.S.C.
15 1101a));
16 (D) a Tribal College or University (as de-
17 fined in section 316 of such Act (20 U.S.C.
18 1059c));
19 (E) an Alaska Native-serving institution or
20 a Native Hawaiian-serving institution (as de-
21 fined in section 317(b) of such Act (20 U.S.C.
22 1059d(b)));
23 (F) a Predominantly Black Institution (as
24 defined in section 371(c) of such Act (20
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25 U.S.C. 1067q(c)));
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1 (G) an Asian American and Native Amer-
2 ican Pacific Islander-serving institution (as de-
3 fined in section 371(c) of such Act (20 U.S.C.
4 1067q(c))); and
5 (H) a Native American-serving nontribal
6 institution (as defined in section 371(c) of such
7 Act (20 U.S.C. 1067q(c))).
8 (2) SECRETARY.—The term ‘‘Secretary’’ means
9 the Secretary of Education.
10 (3) STATE.—The term ‘‘State’’ has the mean-
11 ing given such term in section 103 of the Higher
12 Education Act of 1965 (20 U.S.C. 1003).
13 SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
14 (a) IN GENERAL.—There are authorized to be appro-
15 priated such sums as may be necessary to carry out this
16 Act for each of fiscal years 2023 through 2028.
17 (b) ALLOCATION OF FUNDS.—Of the amounts appro-
18 priated under subsection (a) for each fiscal year—
19 (1) 33.5 percent shall be available to award
20 grants to eligible entities that are—
21 (A) part B institutions; and
22 (B) Historically Black Graduate Profes-
23 sional Schools;
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1 (2) 39 percent shall be available to award
2 grants to eligible entities that are Hispanic-serving
3 institutions;
4 (3) 10 percent shall be available to award
5 grants to eligible entities that are Tribal Colleges or
6 Universities;
7 (4) 6 percent shall be available to award grants
8 to eligible entities that are Predominantly Black In-
9 stitutions;
10 (5) 9 percent shall be available to award grants
11 to eligible entities that are Asian American and Na-
12 tive American Pacific Islander-serving institutions;
13 and
14 (6) 2.5 percent shall be available to award
15 grants to eligible entities that are—
16 (A) Native American-serving nontribal in-
17 stitutions; and
18 (B) Alaska Native-serving institutions or
19 Native Hawaiian-serving institutions.
Æ
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