The Higher Education Act (HEA): A Primer

Updated April 10, 2023

Congressional Research Service

https://crsreports.congress.gov

R43351

The Higher Education Act (HEA): A Primer

Congressional Research Service

Summary

The Higher Education Act of 1965 (HEA; P.L. 89-329, as amended) authorizes numerous federal

aid programs that provide support to both individuals pursuing a postsecondary education and

institutions of higher education (IHEs). Title IV of the HEA authorizes the federal government’s

major student financial aid programs, which are the primary source of direct federal support to

students pursuing postsecondary education. Titles II, III, and V of the HEA provide institutional

aid and support. Additionally, the HEA authorizes services and support for less-advantaged

students (select Title IV programs), students pursing international education (Title VI), and

students pursuing and institutions offering certain graduate and professional degrees (Title VII).

Finally, the most recently added title (Title VIII) authorizes more than two dozen other programs

that support higher education; most have never been funded.

The HEA was last comprehensively reauthorized in 2008 by the Higher Education Opportunity

Act of 2008 (HEOA; P.L. 110-315), which authorized most HEA programs through FY2014.

Following the enactment of the HEOA, the HEA has been amended by numerous other laws,

most notably the SAFRA Act, part of the Health Care and Education Reconciliation Act of 2010

(HCERA; P.L. 111-152), which terminated the authority to make federal student loans through the

Federal Family Education Loan (FFEL) program. Many HEA programs were authorized through

FY2014 and were extended for an additional year, through FY2015, under the General Education

Provisions Act (GEPA). Additionally, many HEA programs due to expire at the end of FY2015

were provided additional appropriations beyond FY2015 under a variety of appropriations

legislation and continuing resolutions, and most recently under the Consolidated Appropriations

Act, 2023 (P.L. 117-328 ). This report provides a brief overview of the major provisions of the

HEA.

The Higher Education Act (HEA): A Primer 
 
Congressional Research Service 
Contents 
Introduction ..................................................................................................................................... 1 
Title I: General Provisions ............................................................................................................... 2 
Part A: Definitions..................................................................................................................... 2 
Part B: Additional General Provisions ...................................................................................... 2 
Part C: Cost of Higher Education .............................................................................................. 3 
Part D: Administrative Provisions for Delivery of Student Financial Assistance ..................... 4 
Part E: Lender Institution Requirements Relating to Education Loans .................................... 4 
Title II: Teacher Quality Enhancement ............................................................................................ 4 
Part A: Teacher Quality Partnership Grants .............................................................................. 4 
Part B: Enhancing Teacher Education ....................................................................................... 5 
Title III: Institutional Aid ................................................................................................................ 5 
Part A: Strengthening Institutions ............................................................................................. 5 
American Indian Tribally Controlled Colleges and Universities ........................................ 6 
Alaska Native and Native Hawaiian-Serving Institutions .................................................. 6 
Predominantly Black Institutions ........................................................................................ 6 
Native American-Serving, Nontribal Institutions ............................................................... 6 
Asian American and Native American Pacific Islander-Serving Institutions ..................... 7 
Part B: Strengthening Historically Black Colleges and Universities ........................................ 7 
Historically Black Graduate and Professional Institutions ................................................. 7 
Part C: Endowment Challenge Grants ...................................................................................... 7 
Part D: Historically Black College and University Capital Financing ...................................... 7 
Part E: Minority Science and Engineering Improvement Program ........................................... 8 
Part F: Strengthening Historically Black Colleges and Universities and Other 
Minority-Serving Institutions ................................................................................................. 8 
Hispanic Serving-Institutions Science, Technology, Engineering, and Math and 
Articulation Program ....................................................................................................... 8 
Part G: General Provisions ........................................................................................................ 9 
Title IV: Student Assistance............................................................................................................. 9 
Part A: Grants to Students in Attendance at Institutions of Higher Education .......................... 9 
Subpart 1: Federal Pell Grants ............................................................................................ 9 
Subpart 2: TRIO and GEAR UP ....................................................................................... 10 
Subpart 3: Federal Supplemental Educational Opportunity Grants (FSEOG) .................. 12 
Subpart 4: LEAP and GAP ............................................................................................... 12 
Subpart 5: Special Programs for Students Whose Families Are Engaged in 
Migrant and Seasonal Farmwork ................................................................................... 12 
Subpart 6: Robert C. Byrd Honors Scholarship Program (Byrd)...................................... 13 
Subpart 7: Child Care Access Means Parents in School (CCAMPIS) .............................. 13 
Subpart 9: TEACH Grants ................................................................................................ 13 
Subpart 10: Scholarships for Veteran’s Dependents ......................................................... 13 
Part B: Federal Family Education Loan (FFEL) Program ...................................................... 14 
Part C: Federal Work-Study Programs .................................................................................... 14 
Part D: William D. Ford Federal Direct Loan (Direct Loan) Program ................................... 15 
Direct Subsidized Loans ................................................................................................... 16 
Direct Unsubsidized Loans ............................................................................................... 16 
Direct PLUS Loans ........................................................................................................... 16 
Consolidation Loans ......................................................................................................... 17 

The Higher Education Act (HEA): A Primer 
 
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Part E: Federal Perkins Loans ................................................................................................. 17 
Part F: Need Analysis .............................................................................................................. 18 
Part G: General Provisions Relating to Student Assistance Programs .................................... 19 
Part H: Program Integrity ........................................................................................................ 20 
Subpart 1: State Role ........................................................................................................ 20 
Subpart 2: Accrediting Agency Recognition ..................................................................... 20 
Subpart 3: Eligibility and Certification Procedures .......................................................... 20 
Part I: Competitive Loan Auction Pilot Program .................................................................... 20 
Title V: Developing Institutions .................................................................................................... 21 
Part A: Hispanic-Serving Institutions ...................................................................................... 21 
Part B: Promoting Postbaccalaureate Opportunities for Hispanic Americans ........................ 21 
Part C: General Provisions ...................................................................................................... 21 
Title VI: International Education Programs .................................................................................. 21 
Part A: International and Foreign Language Studies............................................................... 21 
Part B: Business and International Education Programs ......................................................... 22 
Part C: Institute for International Public Policy ...................................................................... 22 
Part D: General Provisions ...................................................................................................... 22 
Title VII: Graduate and Postsecondary Improvement Programs ................................................... 23 
Part A: Graduate Education Programs .................................................................................... 23 
Part B: Fund for the Improvement of Postsecondary Education (FIPSE) ............................... 23 
Part D: Programs to Provide Students with Disabilities with a Quality Higher 
Education ............................................................................................................................. 24 
Part E: College Access Challenge Grant Program (CACG) .................................................... 24 
Title VIII: Additional Programs..................................................................................................... 25 
 
Tables 
  
Table A-1. Funding for HEA-Authorized Programs, FY2019-FY2023 ........................................ 27 
Table C-1. Comprehensive Reauthorizations of the Higher Education Act of 1965 ..................... 43 
 
Appendixes 
Appendix A. History of Funding for HEA Programs: FY2019-FY2023....................................... 26 
Appendix B. General Education Provisions Act ........................................................................... 42 
Appendix C. Previous HEA Reauthorizations ............................................................................... 43 
 
Contacts 
Author Information ........................................................................................................................ 44 
Key Policy Staff ............................................................................................................................ 44 
Acknowledgments ......................................................................................................................... 44 
 

The Higher Education Act (HEA): A Primer

Congressional Research Service 1

Introduction

The Higher Education Act of 1965 (HEA; P.L. 89-329, as amended), authorizes a broad array of

federal student aid programs that assist students and their families with financing the cost of a

postsecondary education, as well as programs that provide federal support to postsecondary

institutions of higher education (IHEs). Programs authorized by the HEA provide support for

higher education in several ways, including providing support to students in financing a

postsecondary education, with additional support and services given to less-advantaged students;

providing support to students pursing international education and certain graduate and

professional degrees; and providing support to IHEs in improving their capacity and ability to

offer postsecondary education programs.

The Department of Education (ED) administers the programs authorized by the HEA. The most

prominent programs under the HEA are the Title IV programs that provide financial assistance to

students and their families. In FY2022, approximately $111.6 billion in financial assistance was

made available to 9.8 million students under these programs.

In the same year, ED provided

approximately $3.6 billion in federal support to institutions of higher education under the HEA.

The HEA was first enacted in 1965 and has since been amended and extended numerous times,

and it has been comprehensively reauthorized eight times. The most recent comprehensive

reauthorization of the HEA occurred in 2008 under the Higher Education Opportunity Act

(HEOA; P.L. 110-315), which authorized most HEA programs through FY2014. Following the

enactment of the HEOA, the SAFRA Act, as part of the Health Care and Education

Reconciliation Act of 2010 (HCERA; P.L. 111-152), made several notable changes to the HEA.

Authorization for the appropriations for many HEA programs expired at the end of FY2014 and

was automatically extended through the end of FY2015 under Section 422 of the General

Education Provisions Act (GEPA).

Additionally, Congress provided appropriations beyond 2015

under a variety of appropriations legislation and continuing resolutions, most recently under the

Consolidated Appropriations Act, 2023 (P.L. 117-328 ). The HEA is organized into eight titles:

 Title I, General Provisions;

 Title II, Teacher Quality Enhancement;

 Title III, Strengthening Institutions;

 Title IV, Student Assistance;

 Title V, Developing Institutions;

 Title VI, International Education Programs;

 Title VII, Graduate and Postsecondary Improvement Programs; and

 Title VIII, Additional Programs.

This report provides a brief overview of the major provisions of the HEA, organized by title and

part. Appendix A of this report provides detailed appropriations figures for HEA programs, from

FY2019 through FY2023. Appendix B gives a brief overview of the General Education

Provisions Act, which applies to the majority of federal education programs administered by ED,

including those programs authorized by the HEA. Finally, Appendix C provides information

U.S. Department of Education, Office of Federal Student Aid, Annual Report 2022, January 23, 2023, p. vi.

Office of Management and Budget, The Appendix, Budget of the United States Government, Fiscal Year 2022, p. 349.

GEPA contains a broad array of statutory provisions that are applicable to the majority of federal education programs

administered by the Department of Education. 20 U.S.C. §1221 et seq. For additional information on GEPA, see CRS

Report R41119, General Education Provisions Act (GEPA): Overview and Issues.

The Higher Education Act (HEA): A Primer

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related to the eight comprehensive reauthorizations that the HEA has undergone. Other CRS

reports provide more detailed discussions and analyses of the major HEA provisions.

Title I: General Provisions

Title I of the HEA is divided into four parts and lays out definitions and provisions that generally

apply to most of the programs authorized by the HEA.

Part A: Definitions

Title I, Part A of the HEA includes two definitions of an institution of higher education (IHE).

The definition of IHE in Section 101 applies to institutional participation in HEA programs, other

than federal student aid programs under Title IV. The definition of an IHE provided in Section

102 applies to institutional participation in Title IV federal student aid programs and includes all

institutions that meet the Section 101 IHE definition and proprietary institutions (or for-profit

institutions), postsecondary vocational institutions, and foreign institutions (i.e., those located

outside of the United States). Section 102 also specifies additional conditions institutions must

meet to participate in Title IV programs, including provisions related to the types of courses and

educational programs offered, student enrollment, and institutional management.

Section 103 contains additional definitions relevant to the HEA, such as “distance education” and

“diploma mill.”

Part B: Additional General Provisions

Part B of Title I lists additional general provisions pertaining to the HEA. It includes provisions

related to antidiscrimination based on race, religion, sex, or national origin at IHEs receiving

federal financial assistance and a sense of Congress regarding the protection of student speech

and association rights.

Title I-B requires that IHEs adopt alcohol and drug abuse prevention programs to participate in

Title IV programs and authorizes the Secretary of Education (Secretary) to award competitive

grants to IHEs or consortia of IHEs to implement drug and alcohol prevention programs;

however, these grants have never been funded under these provisions.

Title I-B also grants the Secretary the authority to waive program eligibility criteria in any case in

which the criteria do not take into account any unique circumstances in Guam, the U.S. Virgin

Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Freely

Associated States.

Other Part B provisions require that information be made available to students and their families

to help them make informed college decisions, such as requiring the Secretary to develop a

website with information about federal aid available from other federal departments and agencies

and requiring the Secretary, working with other federal agencies, to publish information to help

students, parents, and employers to identify and avoid diploma mills.

Part B also establishes the National Advisory Committee on Institutional Quality and Integrity

(NACIQI), which is a committee tasked with assessing the process of accreditation in higher

For additional information on institutional eligibility to participate in Title IV programs, see CRS Report R43159,

Institutional Eligibility for Participation in Title IV Student Financial Aid Programs.

Diploma mills are unaccredited entities that offer degrees, diplomas, or certificates to individuals for a fee and that

require the individual to complete little or no educational coursework.

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education and the institutional eligibility and certification of IHEs to participate in Title IV

programs. Specific requirements for NACIQI, such as membership criteria and meeting

procedures, also are delineated.

Part B prohibits the development, implementation, or maintenance of a federal database

containing the personally identifiable information of students. However, this prohibition does not

apply to systems necessary for the operation of programs authorized under Titles II (Teacher

Quality Enhancement), IV (Student Assistance), or VII (Graduate and Postsecondary

Improvement Programs) and that were in use the day before the enactment of the HEOA (August

13, 2008).

Finally, Part B authorizes necessary appropriations to pay obligations incurred related to

previously funded programs supporting the construction of college housing and academic

facilities.

Part C: Cost of Higher Education

Title I, Part C includes many provisions that focus on collecting data on college costs and prices

and student characteristics. It directs the Secretary to collect and make available online, among

other information, individual IHEs’ tuition and fees; cost of attendance; acceptance rate of

undergraduate students who apply; number of first-time, full-time, and part-time students

enrolled; number of students receiving financial aid; and average amount of financial assistance

received by students.

Other provisions require publishers that sell college textbooks and supplemental materials to

“unbundle” materials (i.e., make textbooks and each supplement to a textbook available as

separate items) and require IHEs to publish online pre-course registration and registration

materials delineating information about all required texts that will be used in the class and the

retail price of course materials.

Additionally, Section 135 requires public IHEs to charge no more than in-state tuition rates to

eligible members of the Armed Forces on active duty and their spouses and dependent children.

Finally, Part C includes a maintenance of effort (MOE) provision, which requires states to

maintain funding for the general operations of public IHEs and for amounts provided for financial

aid for students attending private IHEs within the state in each academic year that is at least equal

to the average funding provided over the preceding five years. If a state fails to meet MOE

requirements, the Secretary is required to withhold the state’s allotment of funds for the College

Access Challenge Grant Program (Title VII, Part E), until the state makes “significant efforts to

correct such violations.”

For instance, Part C directs the Secretary to maintain a website, the “College Navigator” website, which provides

information such as cost of attendance and net price of various IHEs to prospective students, and the Net Price

Calculator, which helps current and prospective students estimate the individual net price of attending an IHE for a

student. The College Navigator website is available at http://nces.ed.gov/collegenavigator/. The Net Price Calculator is

available online at http://collegecost.ed.gov/netpricecenter.aspx.

The Secretary may waive the MOE requirement for exceptional or uncontrollable circumstances, as appropriate. The

College Access Challenge Grant Program last received appropriations in FY2014

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Part D: Administrative Provisions for Delivery of Student

Financial Assistance

Part D of Title I authorizes the establishment of a Performance-Based Organization (PBO) that

manages the administration of Title IV programs within ED. A PBO is a discrete management

unit that is responsible for managing the administrative and oversight functions that support a

program, while other entities are responsible for the policy setting functions relating to the PBO.

PBOs are led by chief executives who are personally accountable for meeting measurable goals

within the organization. In exchange, the PBO is allowed greater flexibility to manage personnel,

procurement, and other services. The PBO authorized under HEA Title D-I is known as the Office

of Federal Student Aid.

Part E: Lender Institution Requirements Relating to

Education Loans

Part E of Title I establishes disclosure and reporting requirements applicable to lenders and IHEs

with respect to Title IV federal student loans and private education loans. Many of the provisions

relate to the disclosure to borrowers of the terms and conditions for both federal loans made under

Title IV and private education loans, as defined under Section 140 of the Truth in Lending Act.

Title II: Teacher Quality Enhancement

Title II of the HEA authorizes grants for improving teacher education programs, strengthening

teacher recruitment efforts, and providing training for prospective teachers. This title also

includes reporting requirements for states and IHEs regarding the quality of teacher education

programs.

Part A: Teacher Quality Partnership Grants

Part A of Title II authorizes competitive grants to improve teacher education programs. The Pre-

Baccalaureate Preparation Program awards funds to partnerships to, among other activities,

reform teacher preparation programs, provide clinical experiences and literacy training, and

prepare highly qualified teachers and early childhood educators. The Teacher Residency Program

awards one-year stipends to recent college graduates and mid-career professionals (who are not

teaching) to obtain graduate-level teacher training in exchange for agreements to serve three years

in a high-need school. Finally, the Leadership Development Program awards funds to

partnerships to prepare students for careers as school administrators, as well as to support

activities that promote strong leadership skills. Each eligible partnership receiving a grant under

Part A must provide nonfederal matching funds equal to 100% of the amount of the grant.

Part A also requires states and IHEs offering teacher preparation programs and receiving federal

assistance under the HEA to report specified data annually. IHEs must report to states the pass

rates of their graduates on state certification assessments and other program data. States, in turn,

For more information on how the Office of Federal Student Aid operates as a PBO, see CRS Report R46143, The

Office of Federal Student Aid as a Performance-Based Organization.

15 U.S.C. §1650. For additional information on student loan disclosure requirements, see CRS Report R40789,

Reporting and Disclosure Requirements for Institutions of Higher Education to Participate in Federal Student Aid

Programs Under Title IV of the Higher Education Act, archived, available to congressional clients upon request.

The Higher Education Act (HEA): A Primer

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are required to report to ED information on state certification and licensure requirements; the

number of students enrolled in teacher preparation programs disaggregated by gender, race, and

ethnicity; pass rates on state assessments, disaggregated and ranked by institution; criteria for

identifying low-performing schools of education; and other information.

Part B: Enhancing Teacher Education

Part B of Title II authorizes several competitive grants for teacher training programs that meet

specific needs, such as preparing graduate teacher candidates to use technology-rich teaching

methods, preparing general education teacher candidates to instruct students with disabilities, and

preparing graduate students to become education professors who will prepare highly qualified

teachers in high-need areas. These programs have never received funding.

Title III: Institutional Aid

Title III is one of the primary sources of institutional support authorized by the HEA.

Most of

the programs authorized in Title III provide grants or other financial support to institutions that

serve high concentrations of racial and ethnic minority and/or needy students to help strengthen

the institutions’ academic, financial, and administrative capabilities.

Typically, the institutions

served by Title III are called minority-serving institutions (MSIs).

Part A: Strengthening Institutions

The Section 311, Strengthening Institutions Program (SIP) is the foundational program for all

other programs established under Title III-A. It provides competitive grants to eligible IHEs that

have low educational and general expenditures (E&G) as compared to similar institutions and

where at least 50% of enrolled degree-seeking students are receiving need-based assistance under

HEA Title IV

or where the percentage of Pell Grant recipients exceeds the median percentage of

Pell Grant recipients at similar institutions. Additionally, eligible IHEs must be legally authorized

by their states to award bachelor’s degrees or be authorized to operate as a junior or community

college and must be accredited or preaccredited by an ED-recognized accrediting agency. In this

report, the SIP eligibility criteria are referred to collectively as the Section 312(b) criteria.

Authorized uses for grant funds include facilities improvement, faculty development, curriculum

development, and student services. Grantees are also allowed to establish endowments or increase

endowment funds with SIP grants, but they may not use more than 20% of grant monies for such

purposes and must provide matching funds from nonfederal sources.

ED makes these reports available online at https://title2.ed.gov/View.asp.

Title V, discussed later in this report, is the other major source of HEA institutional support. It provides institutional

aid for Hispanic Serving Institutions.

For additional information on programs available to minority service institutions under the HEA, see CRS Report

R43237, Programs for Minority-Serving Institutions Under the Higher Education Act.

For purposes of SIP, Title IV need-based assistance includes Federal Supplemental Educational Opportunity Grants,

Federal Work Study, and Federal Perkins Loans, but not Subsidized Stafford Loans. As later noted, Federal Perkins

Loans are no longer being issued to students. Additionally, Subsidized Stafford Loans are now known as Direct

Subsidized Loans.

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American Indian Tribally Controlled Colleges and Universities

Section 316 establishes the Strengthening American Indian and Tribally Controlled Colleges and

Universities (TCCUs) program. This program provides formula grants to TCCUs that meet the

Section 312(b) criteria and that qualify for funding under the Tribally Controlled Colleges and

Universities Assistance Act of 1978 (25 U.S.C. §1801), the Navajo Community College Act (25

U.S.C. §640a), or Section 532 of the Equity in Education Land-Grant Status Act of 1994 (7

U.S.C. §301 note). Authorized uses for grant funds are similar to those of the SIP.

Alaska Native and Native Hawaiian-Serving Institutions

Section 317 establishes the Strengthening Alaska Native and Native Hawaiian-Serving

Institutions (ANNHs) program. This program provides competitive grants to ANNHs that meet

the Section 312(b) criteria and that have an enrollment of undergraduate students that is at least

20% Alaska Native students or at least 10% Native Hawaiian students. Authorized uses for grant

funds are similar to those of the SIP.

Predominantly Black Institutions

Section 318 establishes the Strengthening Predominantly Black Institutions (PBIs) program. To

be eligible for a PBI grant, an institution must be legally authorized within its state to award

bachelor’s or associate’s degrees, accredited or preaccredited by an ED-recognized accrediting

agency, enroll at least 1,000 undergraduates (half of which must be enrolled in degree programs),

have low E&G, and have an undergraduate student enrollment that is at least 40% Black

American students. PBIs may not also be designated as a Historically Black College or University

(HBCU) or a Hispanic-serving institution (HSI).

PBIs must have a requisite enrollment of needy students. For purposes of the Strengthening PBIs

program, the needy student enrollment criterion requires that at least 50% of an institution’s

enrolled degree-seeking undergraduate students (a) are Pell Grant recipients; (b) come from

families that receive benefits under a means-tested federal benefit program; (c) attended a

secondary school that was eligible to receive benefits under Title I of the Elementary and

Secondary Education Act of 1965 (ESEA);

or (d) are first-generation college students and a

majority of such first-generation colleges students are low-income.

Grants are formula-based and divided among eligible institutions based on each institution’s

percentage of Pell Grant recipients, percentage of graduates, and percentage of graduates who

pursue the next higher degree level. Authorized uses for grant funds are similar to those of the

SIP.

Native American-Serving, Nontribal Institutions

Section 319 establishes the Strengthening Native American-Serving, Nontribal Institutions

(NASNTIs) program. This program provides competitive grants to NASNTIs that meet the

Section 312(b) criteria, that are not TCCUs, and that have an enrollment of undergraduate

students that is at least 10% Native American students. Authorized uses for grant funds are similar

to those of the SIP.

For additional information on the ESEA, see CRS Report R44297, Reauthorization of the Elementary and Secondary

Education Act: Highlights of the Every Student Succeeds Act.

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Asian American and Native American Pacific Islander-Serving Institutions

Section 320 establishes the Asian American and Native American Pacific Islander-Serving

Institutions (AANAPISIs) program. This program provides competitive grants to AANAPISIs

that meet the Section 312(b) criteria and that have an enrollment of undergraduate students that is

at least 10% Asian American or Native American Pacific Islander students. Authorized uses for

grant funds are similar to those of the SIP.

Part B: Strengthening Historically Black Colleges and Universities

Part B of Title III authorizes assistance to Historically Black College and Universities (HBCUs)

and Historically Black Graduate Institutions (HBGIs). Section 323 authorizes the Strengthening

HBCUs program, which provides grants to IHEs that were established before 1964 with the

mission of educating Black Americans, are accredited or preaccredited by an ED-recognized

accrediting agency.

Strengthening HBCU grants are formula-based and divided among eligible institutions based on

an institution’s percentage of Pell Grant recipients, percentage of graduates, and percentage of

graduates who go on to attend a graduate or professional school in a degree program in

disciplines in which Blacks are underrepresented. Authorized uses for grant funds are similar to

those of the SIP under Title III-A.

Historically Black Graduate and Professional Institutions

Section 326 of Title III-B establishes the HBGI program. This program provides formula grants

to eligible postgraduate and professional institutions and programs to increase the number of

African Americans in certain professional fields. Eligible institutions are specifically listed in

Section 326.

HBGI grants are formula-based. The first $56.9 million appropriated each fiscal year is available

exclusively to the 18 HBGIs that were specifically listed in the HEA prior to the enactment of the

Higher Education Opportunity Act of 2008 (HEOA; P.L. 110-315). Appropriations greater than

$56.9 million and less than $62.9 million are available to the six HBGIs that were added to

Section 326 by the HEOA. Finally, appropriations greater than $62.9 million are made available

to any eligible HBGI, pursuant to a formula to be developed by ED. Authorized uses for grant

funds are similar to those of the SIP.

Part C: Endowment Challenge Grants

Title III, Part C authorizes the Endowment Challenge Grants program. This program provides

matching grants to IHEs eligible under Parts A and B of Title III to assist them in establishing or

increasing their endowments and thus increase their self-sufficiency. The program has not been

funded since FY1995.

Part D: Historically Black College and University Capital Financing

Title III, Part D authorizes the HBCU Capital Financing program, which provides federal

insurance for bonds issued to support capital financing projects at HBCUs for the repair,

renovation, and, in exceptional circumstances, construction or acquisition of facilities used for

The accompanying regulations also require that an eligible HBCU be legally authorized in the state in which it is

located to operate as a junior or community college or to award bachelor’s degrees.

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instruction, research, or housing. A designated bonding authority is charged with raising funds in

the bond market; in turn, these funds are lent to HBCUs. Repayments on these loans are used to

make principal and interest payments on outstanding bonds. Borrowers deposit a portion of their

loans into an escrow account to cover principal and interest payments on outstanding bonds in the

event borrowers are delinquent in repaying their loans.

Part E: Minority Science and Engineering Improvement Program

Title III, Part E authorizes the Minority Science and Engineering Improvement Program

(MSEIP), which provides grants to effect long-term improvements in science and engineering

education at predominantly minority institutions. Grants are provided to IHEs with an

undergraduate student enrollment that is at least 50% minority students, nonprofit science-

oriented organizations, and consortia of organizations. MSEIP grants are competitively awarded,

and authorized uses include participating in faculty development programs, strengthening an

institution’s science and engineering programs, and conducting research in science education.

Title III-E authorizes two additional programs: the Yes Partnership Grant Program and Promotion

of Entry into STEM Fields. The Yes Partnership Grant Program authorizes the Secretary to make

grants to support the engagement of underrepresented minority youth in STEM outreach.

Promotion of Entry into STEM Fields authorizes the Secretary to contract with a firm to

implement an advertising campaign to encourage youths to enter STEM fields. Neither program

has been implemented.

Part F: Strengthening Historically Black Colleges and Universities

and Other Minority-Serving Institutions

Title III, Part F provides annual mandatory appropriations for programs that support minority-

serving institutions under Title III-A and Title III-B. Programs that receive mandatory

appropriations under this part are Strengthening TCCUs, Strengthening ANNHs, Strengthening

PBIs, Strengthening NASNTIs, Strengthening ANNAPISIs, and Strengthening HBCUs. These

mandatory funds are provided in addition to discretionary appropriations authorized for these

programs under Title III-G (discussed below).

In general, Title III-F funds are to be used by eligible minority-serving institutions as though they

were funds provided under Titles III-A and III-B; however, there are some exceptions. Title III-F

provides 25 grants of $600,000 each annually to eligible PBIs for programs in science,

technology, engineering, or mathematics (STEM); health education; internationalization or

globalization; teacher preparation; or improving educational outcomes of African American

males. Additionally, IHEs eligible for Title III-F NASNTIs funds are not required to meet the

Section 312(b) needy student and low E&G eligibility criteria that NASNTIs receiving funds

under Title III-A are required to meet.

Hispanic Serving-Institutions Science, Technology, Engineering, and Math

and Articulation Program

Title III-F also authorizes the Hispanic-Serving Institutions STEM and Articulation program (HSI

STEM). This program awards competitive grants to eligible HSIs to increase the number of

Hispanic and low-income students attaining degrees in STEM fields and to develop model

transfer and articulation agreements between two-year HSIs and four-year institutions in STEM

fields. Eligible HSIs are IHEs that meet the Section 312(b) criteria and that have an

The Higher Education Act (HEA): A Primer

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undergraduate student enrollment that is at least 25% Hispanic students. Title III-F also provides

annual mandatory appropriations for this program.

Part G: General Provisions

Title III, Part G contains general provisions, including the Secretary’s waiver authority for Title

III programs. Title III-G also specifies the authorizations of appropriations for each Title III

program, other than programs authorized under Title III-F. Other general provisions relate to the

grant application process, technical assistance for IHEs in applying for Title III grants, and the

Secretary’s ability to make continuation awards for multiyear grants.

Title IV: Student Assistance

Title IV of the HEA contains nine parts that authorize a broad array of programs and provisions to

assist students and their families in gaining access to and financing a postsecondary education.

The programs authorized under this title are the primary sources of federal aid to support

postsecondary education.

Part A: Grants to Students in Attendance at Institutions of

Higher Education

Title IV, Part A authorizes numerous grant programs—financial assistance that does not need to

be repaid by the recipient—for students who attend eligible institutions participating in Title IV

programs. It also authorizes federal early outreach and student services programs.

Subpart 1: Federal Pell Grants

Subpart 1 authorizes the Federal Pell Grant program, which is the single largest source of grant

aid for postsecondary education attendance funded by the federal government.

The Pell Grant

program provides need-based grants to financially needy undergraduate students and is the

foundation for all federal student aid awarded to undergraduates (i.e., all other federal student aid

is calculated after the amount of a student’s Pell Grant award has been determined).

To be eligible to receive a Pell Grant, a student must meet the general eligibility criteria for all

Federal Student Aid programs and be enrolled at an eligible IHE for the purpose of earning a

degree or certificate. In general, students must be enrolled as undergraduates

and are subject to a

cumulative lifetime eligibility cap on Pell Grant aid of 12 full-time semesters (or the equivalent).

Pell Grants are portable, which means the grant aid follows the recipient to any eligible IHE in

which they enroll. The maximum amount of grant aid available to students is based on the annual

maximum award amount set forth in the last enacted applicable appropriations act, combined with

the award amount of a mandatory add-on award provided annually in the HEA. A student’s award

is reduced by the student’s expected family contribution (see the “Part F: Need Analysis”

section). Pell Grant awards are prorated for students who attend on a less than a full-time basis.

For additional information on the Pell Grant Program, see CRS Report R45418, Federal Pell Grant Program of the

Higher Education Act: Primer.

Students who are enrolled on at least a half-time basis in a post-baccalaureate program required by a state for K-12

teacher certification or licensure are also eligible, so long as the program does not lead to a graduate degree and so long

as the institution does not offer a bachelor’s degree in education.

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Forthcoming Changes to Pell Grants

The FAFSA Simplification Act of 2020 (FSA; Title VII, Division FF, P.L. 116-260), enacted in December 2020,

specifies that in future years, eligible students with a family adjusted gross income (AGI) below specified thresholds

will be able to qualify for the maximum Pell Grant award on the basis of their AGI without consideration of

additional income or asset information. Eligible students with a family AGI above the specified thresholds are to be

able to qualify for a Pell Grant award based on a streamlined student aid index (known as expected family

contribution prior to implementation of the FSA). The FSA originally specified that most Pell Grant provisions

would take effect on July 1, 2023. Subsequent legislation has moved the effective date for many of the new

provisions under the FSA to July 1, 2024.

Academic Competitiveness and National Science and Mathematics Access to

Retain Talent Grants

Subpart 1 authorized the Academic Competitiveness (AC) Grant and National Science and

Mathematics Access to Retain Talent (SMART) Grant programs, which provided additional grant

aid to certain Pell-eligible students. The authority to make grants under the programs expired at

the end of award year (AY) 2010-2011.

Subpart 2: TRIO and GEAR UP

Subpart 2 authorizes programs for early outreach and student services programs. Chapter 1

establishes the six TRIO programs, and Chapter 2 authorizes the Gaining Early Awareness and

Readiness for Undergraduate Programs (GEAR UP).

Federal TRIO Programs

Subpart 2 of Part A authorizes six separate discretionary grant programs—collectively known as

the TRIO programs—designed to assist qualified individuals from disadvantaged backgrounds

with preparing for and completing postsecondary education.

While the TRIO programs

primarily serve individuals who are or would be low-income, first-generation college students,

they also serve students with disabilities, students at risk of academic failure, veterans, homeless

youth, foster youth, and individuals underrepresented in graduate education.

Typically,

depending on the TRIO program, eligible grantees may include institutions of higher education;

public and private agencies and organizations with experience in serving disadvantaged youth;

secondary schools; and combinations of such institutions, agencies, and organizations.

Talent Search (TS). The TS program is intended to encourage students to complete their high

school diplomas and enroll in postsecondary education. TS grantees must provide participants

with, among other services, course selection advice and assistance, assistance in preparing for

college entrance examinations, assistance in completing college admission applications,

assistance in completing financial aid applications, and guidance on and assistance in methods for

achieving a secondary school diploma or an equivalent postsecondary education. Generally,

program participants must have completed five years of elementary education or be between the

For more information on the FSA, including associated timelines, see CRS Report R46909, The FAFSA

Simplification Act.

Originally, in 1965, there were three programs under this part—Upward Bound, Student Support Services, and

Talent Search—that provided a range of student support services, thus the name TRIO. Subsequent legislation

authorized additional programs with a similar purpose, but the TRIO name remains.

For additional information on the TRIO programs, see CRS Report R42724, The TRIO Programs: A Primer.

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Congressional Research Service 11

ages of 11 and 27. At least two-thirds of participants must be low-income, first-generation college

students.

Upward Bound (UB). The UB program is intended to prepare and encourage secondary students

and veterans toward success in postsecondary education. UB grantees must provide participants

with, among other services, instruction in specified courses such as foreign language and

mathematics, tutoring, and assistance in preparing for college entrance examinations and in

completing college admissions applications. UB grantees may also provide monthly stipends to

eligible participants. Program participants must have completed eight years of elementary

education or, with some exceptions, be a veteran or be between the ages of 13 and 19. At least

two-thirds of participants must be low-income, first-generation college students.

Student Support Services (SSS). The SSS program is intended to provide support services to

college students to improve the retention, graduation rates, financial and economic literacy, and

transfer rates of students from two-year to four-year schools. SSS grantees must offer

participants, among other services, tutoring, counseling to improve financial literacy, and

assistance in applying for admission to the next higher level of degree attainment. Grantees may

provide grant aid to eligible participants. Program participants must be enrolled, or accepted for

enrollment, at the grantee IHE. At least two-thirds of participants must be either students with

disabilities or low-income, first-generation college students; the other one-third must be low-

income students, first-generation college students, or students with disabilities. At least one-third

of participating students with disabilities must be low-income.

Ronald E. McNair Postbaccalaureate Achievement (McNair) Program. The McNair Program is

intended to prepare disadvantaged undergraduate students for subsequent doctoral study by

providing research opportunities, internships, counseling, tutoring, and other preparatory

activities. Grantees may provide stipends to eligible participants. Program participants must be

enrolled in a degree program at the grantee IHE. At least two-thirds of program participants must

be low-income, first-generation college students, and the remaining one-third must be from a

group that is underrepresented in graduate education, including Alaska Natives, Native

Hawaiians, and Native American Pacific Islanders.

Educational Opportunity Centers (EOCs). The EOC program is intended to support high school

completion and postsecondary enrollment by providing information on financial and academic

assistance available to individuals wishing to pursue a postsecondary education and assisting

them in applying for college admission and financial aid. Generally, program participants must be

at least 19 years old. At least two-thirds of program participants must be low-income, first-

generation college students.

Staff Development. The Staff Development Program is intended to improve TRIO project

administration, operation, outcomes, and outreach by providing training to existing and potential

TRIO program staff. Program participants must be staff and leadership personnel employed in,

participating in, or preparing for employment in TRIO programs and projects.

Gaining Early Awareness and Readiness for Undergraduate Programs

(GEAR UP)

Subpart 2 also authorizes GEAR UP, which provides grants to states and partnerships between

local educational agencies (LEAs) and degree-granting IHEs to assist primarily low-income

students in obtaining a secondary school diploma (or its recognized equivalent) and to prepare for

and succeed in postsecondary education.

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GEAR UP partnership grantees must, and state grantees may, serve an entire cohort of students,

beginning no later than the seventh grade and follow the cohort through high school or the first

year of attendance at an IHE. GEAR UP projects provide services such as academic support,

mentoring, career counseling, and college visits. GEAR UP state grantees must, and partnerships

grantees may, provide college scholarships to eligible participating students.

Subpart 3: Federal Supplemental Educational Opportunity Grants (FSEOG)

Subpart 3 of Title IV-A authorizes the FSEOG program, which is one of three programs

collectively referred to as the campus-based aid programs.

Under the FESOG program, the ED

allocates funds to IHEs for the purpose of awarding need-based grant aid to undergraduate

students with exceptional financial need to aid them in funding an undergraduate education.

Funds are awarded to students as part of their financial aid package, with priority given to Pell

Grant recipients with the lowest expected family contributions (EFCs).

FSEOG aid consists of a federal share, which, in general, may not exceed 75% of FSEOG aid,

and a nonfederal share of at least 25%. The federal share consists of funds that are allocated to

IHEs according to a statutory formula. Federal funds are first allocated to IHEs in proportion to

the amount they received in previous years, with priority going to those that participated in the

program in FY1999 or earlier. This amount is referred to as their base guarantee allocation. Next,

any remaining FSEOG funds are allocated to IHEs proportionately, according to the aggregate

financial need of the IHE’s undergraduate students. This is referred to as their fair share

allocation.

Subpart 4: LEAP and GAP

Subpart 4 authorizes the Leveraging Education Assistance Partnership Program (LEAP) and

Grants for Access and Persistence (GAP). These programs provide matching grants to states to

establish need-based scholarship programs. GAP grants also fund early awareness and outreach

activities and support services to students. GAP is only funded if the amount appropriated for

LEAP exceeds $30 million. Neither program has been funded since FY2010.

Subpart 5: Special Programs for Students Whose Families Are Engaged in

Migrant and Seasonal Farmwork

Subpart 5 authorizes the High School Equivalency Program (HEP) and the College Assistance

Migrant Program (CAMP). These programs target individuals who themselves or whose family

have recently engaged in migrant or seasonal farmwork. For each of these programs, grantees

may include IHEs or private nonprofit organizations working in cooperation with an IHE.

HEP assists individuals who are at least 16 years old or who are beyond the age of compulsory

school attendance to obtain a secondary school diploma or its equivalent. CAMP assists students

with placement, persistence, and retention in postsecondary education. Grantees may provide

stipends to eligible participants.

Some distinguishing characteristics of the campus-based programs are that awards comprise a mix of federal and

institutional matching funds and that amounts awarded to students are determined by each institution’s financial aid

administrator according to institution-specific award criteria. The two other campus-based programs are the Federal

Work-Study program and the Federal Perkins Loans program. For additional information on the campus-based aid

programs, see CRS Report RL31618, Campus-Based Student Financial Aid Programs Under the Higher Education

Act.

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Subpart 6: Robert C. Byrd Honors Scholarship Program (Byrd)

The Robert C. Byrd Honors Scholarship Program funds state-administered college scholarship

programs that recognize exceptionally able high school seniors who show promise for continued

excellence in postsecondary education. The program has not been funded since FY2010.

Subpart 7: Child Care Access Means Parents in School (CCAMPIS)

The Child Care Access Means Parents in School program supports the participation of low-

income parents in postsecondary education by providing competitive grants to IHEs to establish

or support campus-based childcare programs.

Subpart 9: TEACH Grants

Subpart 9 authorizes the Teacher Education Assistance for College and Higher Education

(TEACH) Grant program, which is a service payback program.

The program provides

scholarships of $4,000 per year to undergraduate and graduate students who are preparing for a

career in teaching.

Recipients are required to teach for four years in a high-need field

at an

elementary or secondary school that serves low-income students within eight years of completing

their course of study. If recipients do not fulfill their service requirement, their TEACH grants are

converted into Federal Direct Unsubsidized Loans, which must be repaid in full including interest

that would have accrued since the grants’ disbursement.

Subpart 10: Scholarships for Veteran’s Dependents

Subpart 10 authorizes Scholarships for Veteran’s Dependents, known as Iraq and Afghanistan

Service Grants (IASG), which are non-need-based grants awarded to assist eligible veterans’

dependents in paying their cost of attendance at an IHE.

To receive an award, an individual must

be a student whose parent or guardian was a member of the U.S. Armed Forces and who died

during military service in Iraq or Afghanistan after September 11, 2001, and must have been

younger than 24 years old at the time of the parent or guardian’s death. Recipients need not

qualify for a Pell Grant based on need, but must meet all the other eligibility requirements for the

Pell Grant program. Grants made under this section for any award year may not exceed the

maximum Federal Pell Grant available for that award year.

Forthcoming Changes to IASG

The FAFSA Simplification Act of 2020 (FSA; Title VII, Division FF, P.L. 116-260), as amended by the FAFSA

Simplification Act Technical Corrections Act (FSATCA; Division R of P.L. 117-103) repeals the IASG program but

expands student eligibility under the Pell Grant program. A student whose parent or guardian died in the line of

For additional information, see CRS Report R46117, TEACH Grants: A Primer.

The TEACH Grant program is treated as a federal credit program for budgeting purposes; its cost to the government

is estimated in accordance with the requirements of the Federal Credit Reform Act of 1990 (FCRA; Title V of P.L.

101-508)

Individuals pursuing a bachelor’s degree may receive an aggregate total of $16,000 and individuals pursuing a

graduate degree may receive an aggregate total of $8,000.

High-need fields are defined as bilingual education and English language acquisition, foreign language, mathematics,

reading specialist, science, and special education. High-need fields also include any other field that has been identified

as high-need by the federal government, a state government, or an LEA, and approved by ED.

This program was established in 2009 as part of the Technical Corrections to the Higher Education Act of 1965 (P.L.

111-39).

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Congressional Research Service 14

duty while serving on active duty as a member of the U.S. Armed Forces on or after September 11, 2001, qualifies

for a Pell Grant provided the student is under age 33. The amount of the Pell Grant is the same as the Pell Grant

the student would be eligible for if the student had a zero Student Aid Index (SAI) regardless of the student’s

actual SAI. The effective date for the repeal and new provision is July 1, 2024.

Part B: Federal Family Education Loan (FFEL) Program

The FFEL program offered several types of federal student loans to assist individuals in financing

the costs of a postsecondary education; those loans included Subsidized Stafford Loans and

Unsubsidized Stafford Loans for undergraduate and graduate and professional students, PLUS

Loans for graduate and professional students and the parents of dependent undergraduate

students, and Consolidation Loans.

For many years the FFEL program was the primary source

of federal student loans; however, the SAFRA Act (P.L. 111-152, Title II, Part A) terminated the

authority to make new FFEL program loans after June 30, 2010.

The FFEL program made available essentially the same types of loans (with substantially similar

terms and conditions) as are now offered under the William D. Ford Federal Direct Loan (Direct

Loan) program and which are discussed later in this report. However, the FFEL program

significantly differed from the Direct Loan program in its administration. Under the FFEL

program, loans were originated by private sector and state-based lenders and were funded with

nonfederal capital. The federal government guaranteed lenders against loss due to borrower

default, permanent disability, or, in limited circumstances, bankruptcy, and holders of the loans

were (and still are) responsible for servicing the loans (e.g., billing borrowers and collecting loan

payments). FFEL program lenders may receive a special allowance payment (SAP), a type of

interest subsidy paid by the federal government to ensure a specified rate of return on their loans.

Although the authority to make new FFEL program loans was terminated, borrowers of FFEL

program loans remain responsible for making payments on their loans, loan holders continue to

be responsible for servicing the loans, and guaranty agencies continue to administer the federal

loan insurance program. As of September 30, 2022, approximately $207.8 billion in FFEL

program loans remained outstanding.

Part C: Federal Work-Study Programs

Part C of Title IV authorizes the Federal Work-Study programs (FWS), which are among the

campus-based aid programs previously described.

FWS employment is the primary FWS

program. Separate authorizations of appropriations are also provided for the work colleges and

community service work-study programs. FWS programs are intended to provide part-time

For more information on the FSA, including associated timelines, see CRS Report R46909, The FAFSA

Simplification Act.

For additional information on the FFEL program, see CRS Report R40122, Federal Student Loans Made Under the

Federal Family Education Loan Program and the William D. Ford Federal Direct Loan Program: Terms and

Conditions for Borrowers.

For additional information on the SAFRA Act, see CRS Report R41127, The SAFRA Act: Education Programs in the

FY2010 Budget Reconciliation (archived, available to congressional clients upon request).

U.S. Department of Education, Federal Student Loan Portfolio, “Federal Student Aid Portfolio Summary,” FY2022

Q4, accessed December 28, 2022.

For additional information on FWS and the other campus-based aid programs, see CRS Report RL31618, Campus-

Based Student Financial Aid Programs Under the Higher Education Act.

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Congressional Research Service 15

employment to undergraduate, graduate, and professional students in need of earnings to pursue

their courses of study and to encourage participation in community service activities.

FWS aid may be provided to any student in an eligible program who demonstrates financial need.

Awards typically are based on factors such as the amount of a student’s financial need, the

availability of FWS funds at the institution, and whether the student requests FWS employment

and is willing to work. Students receive their FWS awards as compensation for the hours they

have worked in specified types of jobs. In general, FWS earnings consist of a federal share of

75% and a nonfederal share of at least 25%; however, these ratios may vary depending on the

nature of employment.

The nonfederal share of compensation is provided by the employer,

which may be the IHE the student attends, a private nonprofit organization, a governmental

agency, or a private for-profit entity. IHEs must use at least 7% of their FWS allocation to

compensate students employed in community service jobs and operate at least one tutoring or

family literacy project that serves the community.

FWS funding is made available to support comprehensive work-learning-service programs at

select institutions known as “work colleges.” Among other requirements, all resident students at

work colleges must be required to participate in work-learning-service programs that are an

integral part of the institution’s educational philosophy and program. The HEA provides a

separate authorization for the work colleges program.

The HEOA amendments established an Off-Campus Community Service Employment program

as a distinct FWS program. Under this program, the Secretary may make grants to FWS-

participating IHEs to supplement their off-campus community service employment activities.

Funding for this FWS program was only provided in FY2010; it has not since received

appropriations.

As with the other campus-based programs, FWS funds are allocated to IHEs according to

statutorily prescribed procedures in which funds are first allocated on the basis of IHEs’ base

guarantees, and then according to fair-share criteria that take into account each IHE’s

proportionate share of aggregate financial need of students at FWS-participating institutions.

Part D: William D. Ford Federal Direct Loan (Direct Loan) Program

Part D of Title IV authorizes the Direct Loan program, which is the primary source of federal

student loans. As previously discussed, the Direct Loan program provides essentially the same set

of loans as the FFEL program did, but uses a different administrative structure and draws on a

different source of capital. Under the program, the federal government lends directly to students

using federal capital. While the government owns the loans, loan origination and servicing is

performed by federal contractors.

Several broad types of loans are available through the Direct Loan program: Direct Subsidized

Loans, Direct Unsubsidized Loans, Direct PLUS Loans, and Direct Consolidation Loans. The

terms and conditions of these loans (e.g., borrowing limits, interest rates) are determined

according to statutory provisions. Loans made available through the Direct Loan program are an

entitlement to qualified borrowers. Many of the terms, conditions, and benefits applicable to

For example, employment in tutoring or literacy projects, the federal share may be higher than 75%.

The calculation of financial need is calculated separately for undergraduate students and graduate and professional

students.

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Direct Loans, such as student eligibility requirements, deferment criteria, and certain repayment

plans, are specified in other parts of the HEA, including Title IV, Part B (the FFEL program).

The Direct Loan program is classified as a federal credit program for budgeting purposes. As a

credit program, most of the costs to the government associated with the program are accounted

for on an accrual basis according to criteria specified under the Federal Credit Reform Act of

1990 (FCRA; P.L. 101-508). Indefinite mandatory budget authority is provided to fund the loans

made through the program. The costs of administering the Direct Loan program are accounted for

separately on a cash basis; and funding for administrative expenses is provided through

discretionary appropriations. As of September 30, 2022, approximately $1.4 trillion in Direct

Loan program loans remained outstanding.

Direct Subsidized Loans

Direct Subsidized Loans are available only to undergraduate students who demonstrate financial

need.

The federal government “subsidizes” these loans by not charging interest on the loans

while the borrower is enrolled in an eligible program on at least a half-time basis or during grace

periods,

and during periods of authorized deferment.

Interest rates are set by statute, and loans

first disbursed on or after July 1, 2013, are made with market-indexed fixed interest rates.

Direct Unsubsidized Loans

Direct Unsubsidized Loans are available to undergraduate, graduate, and professional students.

Borrowers do not need to demonstrate financial need to obtain these loans. The federal

government does not provide an interest subsidy on these loans while the borrower is in school or

during grace periods and deferment periods. Interest rates are set by statute, and loans first

disbursed on or after July 1, 2013, are made with market-indexed fixed interest rates.

Direct PLUS Loans

Direct PLUS Loans are available to parents of dependent undergraduate students and to graduate

and professional students. Borrowers do not need to demonstrate financial need to obtain these

loans. However, borrowers with an adverse credit history are ineligible to borrow PLUS Loans

For additional information on Direct Loan program loans, see CRS Report R45931, Federal Student Loans Made

Through the William D. Ford Federal Direct Loan Program: Terms and Conditions for Borrowers.

U.S. Department of Education, Federal Student Loan Portfolio, “Federal Student Aid Portfolio Summary,” FY2022

Q4, accessed December 28, 2022.

Subsidized Loans were previously available to graduate and professional students for periods of instruction

beginning before July 1, 2012.

A grace period is a six-month period beginning immediately after a student first ceases to be enrolled in a school on

at least a half-time basis. During this time, borrowers are not required to begin repaying their loans. According to

amendments made by the Consolidated Appropriations Act of 2012 (P.L. 112-74), no interest subsidy will be paid

during the grace period on Subsidized Stafford Loans disbursed between July 1, 2012, and June 30, 2014.

Deferment periods are periods during which borrowers are able to suspend loan repayment (e.g., if they are pursuing

additional postsecondary education, are performing qualifying military service, or are experiencing economic

hardship).

The interest rate on Subsidized Loans to undergraduate students is the 10-year Treasury note rate plus 2.05

percentage points, with a cap of 8.25%.

The interest rate on Unsubsidized Loans to undergraduate students is the 10-year Treasury note rate plus 2.05

percentage points, with a cap of 8.25%. The interest rate on Unsubsidized Loans to graduate and professional students

is the 10-year Treasury note rate plus 3.6 percentage points, with a cap of 9.5%.

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Congressional Research Service 17

unless another individual agrees to serve as an endorser. The federal government does not provide

an interest subsidy on these while the student is in school, nor during grace periods and deferment

periods. Interest rates are set by statute, and loans first disbursed after on or July 1, 2013, are

made with market-indexed fixed interest rates.

Consolidation Loans

Consolidation Loans allow borrowers to combine multiple federal loans into a single loan and

begin a new repayment period. Consolidation enables borrowers to simplify the repayment of

their federal student loans and, in some cases, extend their repayment period, which reduces the

monthly payment amount. Interest rates on Consolidation Loans are determined by taking the

weighted average of the interest rates on the loans being consolidated and rounding the result up

to the nearest higher one-eighth of 1%.

Part E: Federal Perkins Loans

Part E of Title IV authorizes the Federal Perkins Loan program, another of the campus-based

programs.

Previously, the HEA authorized the allocation of federal funds to IHEs to assist them

in capitalizing revolving loan funds for the purpose of making low-interest loans to students with

exceptional financial need.

Historically, IHEs capitalized their revolving Perkins Loan funds

with a combination of federal capital contributions (FCCs) and institutional capital contributions

(ICCs). FCCs were allocated according to statutorily prescribed procedures somewhat similar to

those used for the FSEOG and FWS programs. Perkins Loans were available to undergraduate

and graduate and professional students, with priority given to students with exceptional financial

need. Terms and conditions of the Perkins Loan included a fixed 5% interest rate, no accrual of

interest prior to a borrower beginning repayment or during periods of authorized deferment, and

loan cancellation for borrowers engaged in certain types of public service.

The authorization to make new Perkins Loans to eligible students expired on September 30,

2017.

Under the HEA, each IHE is required to return to the Secretary the federal share of its

Perkins Loan fund and the federal share of payments and collections made on outstanding Perkins

Loans. ED began collecting the federal share of IHEs’ Perkins Loan funds on October 1, 2019.

Institutions are permitted to retain any remaining funds after remitting the federal share.

Although the authority to make new Perkins Loans has expired, borrowers of the loans remain

responsible for making payments on them. IHEs may continue to service their Perkins Loan

The interest rate on PLUS loan is the 10-year Treasury note rate plus 4.6 percentage points, with a cap of 10.5%.

For additional information on the Federal Perkins Loans program and the other campus-based aid programs, see CRS

Report RL31618, Campus-Based Student Financial Aid Programs Under the Higher Education Act.

The authorization of appropriations to enable the Secretary to allocate federal funds to IHEs to capitalize their

revolving loan funds expired on September 30, 2014, and was extended through September 30, 2015, under GEPA. The

Federal Perkins Loan Program Extension Act of 2015 (P.L. 114-105) explicitly prohibits the appropriation of additional

funds to IHEs to capitalize their revolving loan funds.

Authorization to make new Perkins Loans to eligible graduate students expired on September 30, 2016, and the

authorization to make new Perkins Loans to eligible undergraduate students expired on September 30, 2017.

U.S. Department of Education, “Perkins Loan Program—Federal Perkins Loan Revolving Fund Distribution of

Assets and Timelines for 2019-20,” Electronic Announcement, October 15, 2019.

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Congressional Research Service 18

portfolio or may liquidate their portfolio and assign it to ED for servicing.

Approximately $3.9

billion in outstanding Perkins Loans is due to be repaid in the coming years.

Part F: Need Analysis

Part F of Title IV establishes the need analysis methodology, which informs students’ eligibility

for Title IV need-based aid. Generally, a student’s need for the Title IV programs is the difference

between an institution’s cost of attendance (COA) and the student’s expected family contribution

(EFC)—the amount of financial resources that students and their families are expected to use to

meet the COA.

The bulk of Part F establishes three EFC formulas: one for dependent students and one each for

independent students with and without dependents.

A student’s dependency status is determined

by the student’s age and other characteristics. The dependent student formula considers the

financial resources of the student and the student’s parents. The independent student formulas

consider the financial resources of the student and, if applicable, the student’s spouse.

The EFC is calculated on the basis of information provided on the Free Application for Federal

Student Aid (FAFSA). Some EFC formula factors are based on tax information. When completing

the FAFSA, students and applicable family members use tax information from the year that is two

years prior to the beginning of the award year. For example, the FAFSA for AY2023-2024 is

completed using information from tax year 2021.

The full EFC formulas consider the income (including taxable and certain untaxed income) and

assets (e.g., bank accounts, stocks) of the student and relevant family members. If students (or, in

the case of dependent students, the students’ parents) have an adjusted gross income (AGI) of less

than $50,000 and meet other criteria, the family may be eligible for a “simplified needs test”

(SNT). The SNT considers fewer financial factors and requires the student’s family to provide

correspondingly less information on the FAFSA. Some applicants who qualify for the SNT and

have an AGI at or below a specified level ($29,000 in AY2023-2024) may be eligible for an

“automatic zero” EFC.

Students eligible for the automatic zero are not subject to the EFC

formula and instead automatically receive a zero EFC. Students who do not qualify for an

automatic zero EFC can qualify for a “calculated zero” EFC on the basis of their financial

characteristics and the SNT or full EFC formula.

A student with a zero EFC can qualify for the maximum amount of need-based federal aid. For

example, a student with a zero EFC can qualify for the maximum Pell Grant award in an award

year.

U.S. Department of Education, “Federal Perkins Loan Program Administrative Responsibilities and Reporting

Requirements,” Electronic Announcement, October 4, 2018.

U.S. Department of Education, Federal Student Loan Portfolio, “Federal Student Aid Portfolio Summary,” FY2022

Q4, accessed December 28, 2022.

For a detailed description of the EFC formulas, see CRS Report R44503, Federal Student Aid: Need Analysis

Formulas and Expected Family Contribution.

For more information on the SNT and automatic zero EFC, see Department of Education, The EFC Formula, 2023-

2024, https://fsapartners.ed.gov/sites/default/files/2022-08/2324EFCFormulaGuide.pdf.

The Higher Education Act (HEA): A Primer

Congressional Research Service 19

Forthcoming Changes to Need Analysis

The FAFSA Simplification Act of 2020 (FSA; Title VII, Division FF, P.L. 116-260) was enacted in December 2020.

When the law is fully in effect, the EFC will be renamed the Student Aid Index (SAI). The FSA is to reduce the

number of factors that are considered in calculating the SAI and modify a number of procedures related to the

student aid application process.

The FSA is to replace the automatic zero EFC with an alternative need analysis structure in which certain students

with an adjusted gross income (AGI) below specified thresholds are to qualify for a maximum Pell Grant wholly on

the basis of their AGI. Students who do not qualify for Pell Grants under the new structure are to continue to be

able to qualify for Pell Grants based on their calculated SAI.

The FSA originally specified that most need analysis provisions would take effect on July 1, 2023. Subsequent

legislation has moved the effective date for many of the new provisions under the FSA to July 1, 2024.

Part G: General Provisions Relating to Student

Assistance Programs

Part G of Title IV establishes many institutional requirements for Title IV participation

and

related provisions. It includes definitions of academic year and eligible program and requires

IHEs participating in Title IV to enter into program participation agreements (PPAs) with the

Secretary.

It also establishes a master calendar requirement for the Secretary to ensure adequate

notification and timely delivery of Title IV student aid.

Part G contains provisions related to forms and regulations used in administering Title IV

programs, including requirements related to the contents and distribution of the FAFSA. Student

eligibility criteria to receive Title IV financial assistance are found in Part G, which includes

citizenship requirements for Title IV aid recipients and satisfactory academic progress

requirements for students to maintain Title IV eligibility. Provisions also prescribe the manner in

which Title IV funds are to be returned to the federal government in the event that a student

withdraws from an institution.

Additionally, Part G contains numerous requirements related to the types of information

institutions must disseminate to prospective and enrolled students, including graduation or

completion rates, financial aid entrance and exit counseling to borrowers, campus crime statistics

and security policies, and transfer of credit policies.

Part G establishes the National Student Loan Data System, which is ED’s central database

containing information on student aid participation. Part G also contains wage garnishment

requirements for borrowers who are not currently making required payments on their Title IV

loans and criminal penalties in cases of fraud, abuse, and other crimes related to Title IV funds.

Part G contains several provisions related to members of the Armed Forces and veterans, such as

procedures for loan cancellations or deferments for eligible disabled veterans and deferment of

loan repayment following periods of active duty. Finally, Part G also authorizes the income-based

repayment plan for Title IV loans.

For more information on the FSA, including associated timelines, see CRS Report R46909, The FAFSA

Simplification Act.

Generally, most other institutional requirements for participation in Title IV programs are found in Title I, Part A.

For additional information on institutional eligibility requirements, see CRS Report R43159, Institutional Eligibility

for Participation in Title IV Student Financial Aid Programs.

For additional information on the Income-Based Repayment Plan, see CRS Report R45931, Federal Student Loans

Made Through the William D. Ford Federal Direct Loan Program: Terms and Conditions for Borrowers.

The Higher Education Act (HEA): A Primer

Congressional Research Service 20

The Advisory Committee on Student Financial Assistance had been authorized under Part G until

the end of FY2015.

Part H: Program Integrity

Part H of Title IV contains what is known as the program integrity triad. The triad comprises

three requirements to ensure program integrity in postsecondary education. The three

requirements are state authorization, accreditation by an accrediting agency recognized by ED,

and eligibility and certification by ED.

Section 102 requires that IHEs fulfill all three program

integrity requirements to be eligible to participate in Title IV federal student aid programs, and

Title IV, Part H describes each component of the triad.

Subpart 1: State Role

Subpart 1 describes that state’s responsibility in authorizing IHEs to operate postsecondary

educational programs within their bounds. States must provide information to ED about the

processes it uses to authorize institutions, notify ED if it has any evidence that an IHE has

committed fraud in the administration of Title IV federal student aid programs, and notify ED if it

revokes an IHE’s authorization.

Subpart 2: Accrediting Agency Recognition

Subpart 2 describes the criteria the Secretary must use when determining whether to recognize an

accrediting agency as a reliable authority for determining the quality of education or training

offered at an IHE for the purposes of participating in Title IV federal student aid programs. Such

requirements relate to an accrediting agency’s structure, operating procedures (e.g., its

institutional review process), and due process requirements.

Subpart 3: Eligibility and Certification Procedures

Subpart 3 includes the eligibility and certification procedures administered by ED. Here, ED is

responsible for verifying an institution’s legal authority to operate within a state and its

accreditation status. Additionally, ED must evaluate an institution’s financial responsibility and

administrative capacity to administer Title IV federal student aid programs.

Part I: Competitive Loan Auction Pilot Program

Part I authorized the Secretary to implement a pilot student loan auction program for lenders to

obtain rights to disburse FFEL program parent PLUS loans. Loans are no longer being made

through the FFEL program, and this program is currently inapplicable.

For additional information on the program integrity triad, see CRS Report R43159, Institutional Eligibility for

Participation in Title IV Student Financial Aid Programs.

For additional information on the accreditation process and its role in the program integrity triad, see CRS Report

R43826, An Overview of Accreditation of Higher Education in the United States.

The Higher Education Act (HEA): A Primer

Congressional Research Service 21

Title V: Developing Institutions

Title V is one of the primary sources of institutional support to Hispanic-serving institutions

(HSIs) under the HEA. In general, Title V programs are similar in scope to the Title III-A and

Title III-B programs authorized to support other types of minority-serving institutions.

Part A: Hispanic-Serving Institutions

Title V, Part A authorizes the HSI program. This program provides competitive grants to HSIs that

meet the HEA Section 312(b) criteria and that have an enrollment of undergraduate students that

is at least 25% Hispanic students.

Authorized uses for grant funds are similar to those of the Title III-A programs, including

facilities improvement, faculty development, curriculum development, and student services.

Part B: Promoting Postbaccalaureate Opportunities for

Hispanic Americans

Part B of Title V establishes the Promoting Postbaccalaurate Opportunities for Hispanic

Americans (PPOHA) program. This program provides competitive grants to eligible HSIs to

expand postbaccalaureate educational opportunities for Hispanic and low-income students.

PPOHA grants are available to IHEs that meet the eligibility criteria for the Title V-A HSI

program and that offer a postbaccalaureate certificate or degree program.

Authorized uses for grant funds are similar to those under the HSI program, but also include

providing direct financial assistance (e.g., scholarships, fellowships) to Hispanic and low-income

postbaccalaurate students.

Part C: General Provisions

Part C contains general provisions related to the HSI and PPOHA programs, including waiver

authorities that apply to the administration of these programs and the authorized funding levels

for these programs.

Title VI: International Education Programs

Title VI authorizes a variety of grants to IHEs and related entities to enhance instruction in

foreign language and area and international studies.

Part A: International and Foreign Language Studies

Part A of Title VI authorizes a series of programs, centers, and fellowships related to international

and foreign language studies.

Graduate and Undergraduate Language and Area Centers and Programs. This program provides

grants to IHEs to establish and operate (1) National Resource Centers, which are comprehensive

For additional information on Title IV programs, see CRS Report R43237, Programs for Minority-Serving

Institutions Under the Higher Education Act.

The Higher Education Act (HEA): A Primer

Congressional Research Service 22

foreign language and area or international studies centers and programs, and (2) a network of

undergraduate foreign language and area or international studies centers and programs.

Fellowships for Foreign Language and Area or International Studies. This program provides

grants to IHEs to enable them to pay stipends to individuals participating in advanced training at

National Resource Centers and Undergraduate International Studies and Foreign Language

Program centers and programs.

Language Resource Centers. This program provides grants to IHEs for the purposes of

establishing, strengthening, and operating national language resource and training centers, which

serve as resources to improve the capacity to teach and learn foreign languages.

Undergraduate International Studies and Foreign Language Programs. This program provides

grants to IHEs and related entities to plan, develop, and carry out programs to improve

undergraduate instruction in international studies and foreign languages and to strengthen existing

programs in undergraduate international studies and foreign language programs.

Technological Innovation and Cooperation for Foreign Information Access. This program

provides grants to IHEs and related entities to develop innovative techniques or programs using

electronic technologies to collect and disseminate information from foreign sources on world

regions and foreign countries that address U.S. teaching and research needs in international

education and foreign languages.

American Overseas Research Centers. This program provides grants to consortia of IHEs to

establish or operate overseas research centers that promote postgraduate research, exchanges, and

area studies.

Part B: Business and International Education Programs

Part B authorizes two programs to promote and enhance international business skills and

education. The Centers for International Business Education program authorizes the Secretary to

make grants to enable IHEs to establish and operate centers for international business education

that serve as national resources for the teaching of international business, foreign languages, and

international studies and provide research and training in the international aspects of trade and

commerce. The Education and Training Program authorizes grants to IHEs to operate programs

designed to promote linkages between IHEs and the American business community engaged in

international economic activity.

Part C: Institute for International Public Policy

Part C establishes the Institute for International Public Policy, which provides a grant to a

consortium of minority-serving institutions eligible under Title III, Parts A and B, and Title V to

support the preparation of underrepresented minority students for international and foreign

service careers. Allowable activities include the development of a study abroad program and

fellowships for graduate study. Funds for the Institute have not been appropriated since FY2011.

Part D: General Provisions

Part D contains definitions relevant to Title VI and grants the Secretary waiver authority to reduce

any nonfederal shares required by Title VI programs.

Part D also authorizes the Science and Technology Advanced Foreign Language Education Grant

Program. The program makes grants available to IHEs to develop programs that teach foreign

The Higher Education Act (HEA): A Primer

Congressional Research Service 23

languages and emphasize the understanding of science and technology, foster international

scientific collaboration, and provide professional development to K-12 teachers. This program

has never received funding.

Title VII: Graduate and Postsecondary Improvement

Programs

Title VII authorizes several programs related to supporting graduate education programs. Other

programs authorized under Title VII encourage innovation in postsecondary education, enable

IHEs to better serve disabled students, and support state-level postsecondary education

improvements.

Part A: Graduate Education Programs

Part A authorizes programs to support graduate education.

Jacob K. Javits Fellowship Program. Subpart 1 establishes the Jacob K. Javits Fellowship

Program, which awards fellowships for graduate study in the arts, humanities, and social sciences

to students who intend to pursue a doctoral degree or the terminal highest degree awarded in the

area of study. This program has not received funding since FY2011.

Graduate Assistance in Areas of National Need. Subpart 2 establishes the Graduate Assistance in

Areas of National Need program, which awards fellowships to postbaccalaureate students who

pursue the highest possible degree at their institutions and in areas of national need, as designated

by the Secretary.

Thurgood Marshall Legal Educational Opportunity Program. Subpart 3 authorizes the Thurgood

Marshall Legal Educational Opportunity Program, which provides a grant to the Council on Legal

Education Opportunity (CLEO) to support low-income, minority, or disadvantaged secondary

school and college students by providing such students with information, preparation, and

financial assistance to gain access to and complete law school study and admission to law

practice. This program has not received funding since FY2011.

Masters Degree Programs at Historically Black Colleges and Universities and Predominantly

Black Institutions. This program provides grants to specified HBCUs and PBIs to improve

graduate education opportunities for Black Americans at the master’s level in mathematics,

sciences, nursing, and other scientific disciplines. This program did not receive appropriations for

FY2015 and FY2016; however, the program received appropriations in FY2017 through FY2022

to fund grants for Masters Degree Programs at Historically Black Colleges and Universities.

Part B: Fund for the Improvement of Postsecondary Education

(FIPSE)

Part B of Title VII authorizes FIPSE, which authorizes the Secretary to award grants to and enter

into contracts with IHEs and other nonprofit institutions and agencies to encourage the reform,

innovation, and improvement of postsecondary education. Allowable uses of FIPSE grants and

contracts include, but are not limited to, the design and introduction of cost-effective methods of

instruction, reforms in graduate and remedial education, partnerships between high schools and

colleges to establish programs to increase secondary school graduation rates of limited English

proficient students, scholarships for the dependents of military service members, and special

projects in areas of national need.

The Higher Education Act (HEA): A Primer

Congressional Research Service 24

Part B also establishes the Board of the Fund for the Improvement of Postsecondary Education,

which advises the Secretary on priorities for the improvement of postsecondary education and for

the evaluation, dissemination, and adaptation or demonstrated improvements in postsecondary

educational practice.

Part D: Programs to Provide Students with Disabilities with a

Quality Higher Education

Title VII, Part D

authorizes several programs related to postsecondary education for students

with disabilities.

Demonstration Projects to Support Postsecondary Faculty, Staff, and Administrators in

Educating Students with Disabilities. Subpart 1 authorizes a competitive grant or contract

program for model demonstration projects, technical assistance, and professional development

relating to teaching methods, secondary to postsecondary transitions, research, distance learning,

career pathways transitions, professional development, and accessibility in postsecondary

education. This program has not received funding since FY2010.

Transition Programs for Students with Intellectual Disabilities into Higher Education. Subpart 2

authorizes a competitive grant program for IHEs to create model transition and postsecondary

education programs for students with intellectual disabilities.

Programs to Support Improved Access to Materials. Subpart 3 authorizes a competitive grant or

contract program to eligible partnerships of IHEs and expert organizations for model

demonstration programs to support improved access to postsecondary materials for students with

print disabilities. This program has never been funded.

National Technical Assistance Center: Coordinating Center. Subpart 4 authorizes the Secretary to

award a grant, contract, or cooperative agreement to an IHE or other nonprofit organization to

establish and support a National Center for Information and Technical Support for Postsecondary

Students with Disabilities, which offers a database of information on disabilities services in

higher education and other support services. Subpart 4 also authorizes the Secretary to award a

cooperative agreement to create a National Coordinating Center for IHEs offering inclusive,

comprehensive transition programs for students with intellectual disabilities.

Part E: College Access Challenge Grant Program (CACG)

Part E of Title VII authorizes the College Access Challenge Grant Program, which fosters

partnerships between federal, state, and local governments and philanthropic organizations

through matching formula grants. The partnerships are intended to increase the number of low-

income students who are prepared to enter and succeed in postsecondary education. Authorized

activities for grant recipients include disseminating information about the benefits of a

postsecondary education, outreach activities, need-based grant aid, and professional development

for guidance counselors. CACG last received appropriations in FY2014.

In 2008, the Higher Education Opportunity Act repealed Title VII, Part C, Urban Community Service; however, the

act did not replace Part C.

Additionally, authorization to award grants under this program expired at the end of FY2014.

The Higher Education Act (HEA): A Primer

Congressional Research Service 25

Title VIII: Additional Programs

Title VIII of the HEA includes 27 parts, each of which establishes one or more new programs

focusing on an array of topics. All of the programs in Title VIII were newly added to the HEA by

the Higher Education Opportunity Act of 2008. Most of these programs have not been funded.

Several programs authorized under Title VIII are designed to support the goals of improving

access to postsecondary education and improving enrollment, persistence, and completion rates.

Generally, these programs are designed to address the postsecondary education needs of specific

groups of prospective or current postsecondary students. For instance, Part T, Centers of

Excellence for Veteran Student Success, authorizes competitive grants to IHEs to support the

academic, financial, physical, and social needs of students who are veterans of the Armed Forces.

Many other programs in Title VIII are directed at enhancing programs in certain areas of study to

meet workforce needs. For instance, Part S, Training for Realtime Writers, authorizes the

Secretary to award grants to postsecondary court reporting programs to promote training and

placement of realtime writers.

Finally, Title VIII, Part AA provides annual mandatory appropriations through FY2014 to Masters

Degree Programs at Historically Black Colleges and Universities and Predominantly Black

Institutions and the PPOHA program, which are found under HEA Title VII-A-4 and Title V-B,

respectively. The mandatory appropriations for these programs expired at the end of FY2014 and

were not reauthorized. Thus, these programs have not received mandatory appropriations since

FY2014.

Those Title VIII programs that have been funded at some point in time are Part S, Training for Realtime Writers

(funded under FIPSE); Part T, Centers of Excellence for Veteran Student Success; and Part Z, Henry Kuualoha Giugni

Kupuna Memorial Archives (funded under the Native Hawaiian Education program authorized by Part B of Title VII of

the Elementary and Secondary Education Act (ESEA); and Part AA, Promoting Postbaccalaureate Opportunities for

Hispanic Americans (initially funded under FIPSE).

For additional information, see CRS Report R44206, FY2016 Extension of the Higher Education Act: An Overview,

archived, available to congressional clients upon request.

The Higher Education Act (HEA): A Primer

Congressional Research Service 26

Appendix A. History of Funding for HEA Programs:

FY2019-FY2023

Table A-1 of this appendix lists the sections of the HEA that provide discretionary or mandatory

authorization of appropriations or budget authority for HEA programs and presents the funding

amounts provided for these programs for FY2019 through FY2023. The programs are presented

in the order in which they appear in the HEA. For each program, the section authorizing the

appropriation of funds or providing budget authority is identified, as is the indicator of whether

funding is considered discretionary (D) or mandatory (M).

CRS-27

Table A-1. Funding for HEA-Authorized Programs, FY2019-FY2023

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Title I: General Provisions

Title I, Part B: Additional General Provisions

Alcohol & Drug Abuse Prevention Grants

§120

State Higher Education Information

System Pilot Program

§136

Title I, Part D: Administrative Provisions for Delivery of Student Financial Assistance

Performance Based Organization for

Delivery of Student Financial Aid

§141

(combined

with §458

below)

(combined

with §458

below)

(combined

with §458

below)

(combined

with §458

below)

(combined

with §458

below)

Title II: Teacher Quality Enhancement

Title II, Part A: Teacher Quality Partnership Grants

Teacher Quality Partnerships Grants

§209

43,092

50,092

52,092

59,092

70,000

Pre-Baccalaureate Preparation

Program

Teacher Residency Program

Leadership Development Program

Title II, Part B: Enhancing Teacher Education

Enhancing Teacher Education Grants

§230

15,000

Preparing Teachers for Digital Age

Learners

Hawkins Center of Excellence

Teach to Reach Grants

CRS-28

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Adjunct Teachers Corps

Graduate fellowships to Prepare

Faculty in High-Need Areas

Title III: Institutional Aid

Title III, Part A: Strengthening Institutions

Strengthening Institutions

§399

99,875

107,854

109,007

110,070

122,070

Tribally Controlled Colleges &

Universities

§399

31,854

36,333

38,080

43,896

51,549

§371

28,140

28,230

28,290

30,000

Alaska Native and Native Hawaiian-

Serving Institutions

§399

15,930

18,320

19,044

21,371

24,433

§371

14,070

14,115

14,145

15,000

Predominantly Black Institutions

§399

11,475

13,197

14,218

17,708

22,300

§371

14,070

14,115

14,145

15,000

Native American-Serving, Nontribal

Institutions

§399

3,864

4,444

5,120

7,834

11,504

§371

4,690

4,705

4,715

5,000

Asian American and Native American

Pacific Islander-Serving Institutions

§399

3,864

4,444

5,120

10,936

18,589

§371

4,690

4,705

4,715

5,000

Title III, Part B: Historically Black Colleges and Universities

Historically Black Colleges and

Universities

§399

282,420

324,792

337,619

362,823

395,986

§371

79,730

79,985

80,155

85,000

Historically Black Graduate Institutions

§399

73,037

83,995

87,313

93,129

100,782

CRS-29

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Title III, Part C: Endowment Challenge Grants for Institutions Eligible for Assistance Under Part A or Part B

Endowment Challenge Grants

§399

Title III, Part D: Historically Black College and University Capital Financing

Historically Black Colleges and University

Capital Financing (HBCU Cap Fin): Loan

Subsidies

§399

20,150

22,150

20,150

HBCU Cap Fin: Modification of existing

loan subsidies

§399

20,000

26,000

1,721,000

HBCU Cap Fin: Re-estimate of existing

loan subsidies

§343

7,678

-41,708

17,914

283,436

62,421

Title III, Part E: Minority Science and Engineering Improvement Program

Minority Science & Engineering

Improvement Program

§399

11,135

12,635

13,370

14,539

16,370

Title IV: Student Assistance

Title IV, Part A: Grants to Students in Attendance at Institutions of Higher Education

Federal Pell Grants Programs

§401

22,475,352

Mandatory Appropriations Provided

to Supplement Discretionary Funding

§401

1,370,000

1,405,000

1,142,000

1,085,000

1,095,000

Mandatory Add-On Award

§401

5,388,040

5,571,420

5,167,582

4,010,920

4,998,000

Academic Competitiveness Grants and

national Science and Mathematics Access

to Retain Talent (SMART) Grants

§401A

Deferral to next fiscal year

TRIO Programs

§402A

1,060,000

1,090,000

1,097,000

1,137,000

1,191,000

Talent Search

CRS-30

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Upward Bound

Student Support Services

McNair Postbaccalaureate

Achievement Program

Education Opportunity Centers

Mandatory Funds for Upward

Bound

§402C

Gaining Early Awareness and Readiness

for Undergraduate Programs (GEAR UP)

§404H

360,000

365,000

368,000

378,000

388,000

Federal Supplemental Educational

Opportunity Grants (FSEOG)

§413A

840,000

865,000

880,000

895,000

910,000

Leveraging Educational Assistance

Partnership (LEAP) Grants

§415A

Grants for Access and Persistence (GAP)

§415A

Special Programs for Migrant Students

§418A

44,623

45,623

46,123

48,123

52,123

Robert C. Byrd Honors Scholarship

§419K

Child Care Access Means Parents in

School

§419N

50,000

53,000

55,000

65,000

75,000

Teacher Education Assistance for College

and Higher Education (TEACH) Grants:

New loan subsidy

§420O

29,049

29,053

27,285

34,980

34,171

TEACH: Upward re-estimate

of existing

loans

§420O

5,082

10,858

78,281

69,343

24,093

(TEACH: Downward re-estimate of existing

loans [non-add])

§420O

(-1,092)

(-36,231)

(-3,225)

(-3,589)

(-11,352)

CRS-31

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

(TEACH: Net re-estimates of existing loans

[non-add])

§420O

(3,990)

(-25,373)

(75,056)

(65,754)

(12,741)

TEACH: Upward modification of existing

loans

§420O

15,718

46,870

71,589

9,171

(TEACH: Downward modification of existing

loans [non-add])

§420O

(0)

(-1,843)

(0)

(TEACH: Net modification of existing loans

[non-add])

§420O

(0)

(15,718)

(46,870)

(69,746)

(9,171)

TEACH Subtotal: Loan subsidies

§420O

34,131

55,629

152,436

175,912

67,435

(TEACH Subtotal: New loan subsidies

and net re-estimates [non-add])

§420O

(33,039)

(19,398)

(149,211)

(170,480)

(56,083)

TEACH: Total

§420O

34,131

55,629

152,436

175,912

67,435

Iraq and Afghanistan Service Grants

§420R

403

513

589

576

578

Title IV, Part B: Federal Family Education Loan (FFEL) Program

New loan subsidies

§421

Upward re-estimate

of existing loans

§421

3,661,416

13,150,795

3,780,632

9,797,237

2,924,909

(Downward re-estimate of existing loans

[non-add])

§421

(-2,098,813)

(-6,865,204)

(-588,521)

(0)

(-899,176)

(Net re-estimate of existing loans [non-add])

§421

(1,562,603)

(6,285,591)

(3,192,111)

(9,797,237)

(2,025,733)

Upward modifications

of existing loans

§421

3,448,659

6,112,293

25,099,142

2,623,076

(Downward modifications of existing loans

[non-add])

§421

(0)

(-67)

(0)

(-545,900)

(0)

(Net modifications of existing loans [non-

add])

§421

(0)

(3,448,592)

(6,112,293)

(24,553,242)

(2,623,076)

Total: FFEL program account

§421

3,661,416

16,599,454

9,892,925

34,896,379

5,547,985

CRS-32

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

(Total: New loan subsidies and net re-

estimates/modifications [non-add])

§421

(1,562,603)

(9,734,183)

(9,304,404)

(34,350,479)

(4,648,809)

Pre-1992 student loans

§421

-237,229

-186,060

-73,374

-2,297

Title IV, Part C: Federal Work-Study Programs

Federal Work Study

§441

1,130,000

1,180,000

1,190,000

1,210,000

1,230,000

Off-Campus Community Service

§447

Work Colleges

§448

(included with

§441 amount)

(included with

§441 amount)

(included with

§441 amount)

(included with

§441 amount)

(included with

§441 amount)

Title IV, Part D: William D. Ford Federal Direct Loan Program

New loan subsidies

§451

4,842,627

9,925,253

5,196,638

11,477,191

23,478,178

(Net new loan subsidies [non-add])

§451

(-1,646,411)

(6,838,227)

(413,686)

(8,239,325)

(21,794,343)

Upward re-estimate

of existing loans

§451

28,619,834

64,642,541

53,674,813

26,706,610

8,131,676

(Downward re-estimate of existing loans

(non-add))

§451

(-2,309,401)

(-1,436,593)

(-838,915)

(-13,701,756)

(-10,049,156)

(Net re-estimate of existing loans [non-add])

§451

(26,310,433 )

(63,205,948 )

(52,835,898)

(13,004,854)

(-1,917,480)

Upward modification

of existing loans

§451

350,000

39,625,735

70,886,525

435,937,468

42,534,895

(Downward modification of existing loans

(non-add))

§451

(0)

(-10,097,517)

(-583)

(Net modification of existing loans [non-

add])

§451

(0)

(39,575,735 )

(70,861,525)

(425,839,951)

(42,534,312)

Subtotal: Loan Subsidies

§451

33,812,461

114,193,528

129,782,976

474,121,269

74,144,749

(Subtotal: New loan subsidies and net

re-estimates/modifications [non-add])

§451

(25,014,022 )

(109,699,910)

(128,894,061)

(450,321,996)

(964,095,010)

Total

§451

33,812,461

114,193,528

129,782,976

474,121,269

74,144,749

CRS-33

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Student Aid Administration

§458

1,678,943

1,768,943

1,853,943

2,033,943

Title IV, Part E: Federal Perkins Loans

Federal Perkins Loans

§461

Federal Perkins Loans Repayments

§461

-90,162

-1,316,750

-866,025

-842,908

-580,193

Federal Perkins Loans Cancellations

§465

Title IV, Part G: General Provisions Relating to Student Assistance Programs

Advisory Committee on Student Financial

Assistance

§491

Title IV , Part I: Competitive Loan Auction Program

Parent PLUS Loan Pilot Auction program

§499

CRS-34

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Title V: Developing Institutions

Title V, Part A: Hispanic-Serving Institutions

Hispanic-Serving Institutions

§528

124,415

143,081

148,732

182,854

227,751

§371

93,800

94,100

94,300

100,000

Title V, Part B: Promoting Postbaccalaureate Opportunities for Hispanic Americans

Promoting Postbaccalaureate

Opportunities for Hispanic Americans

§528

11,163

12,838

13,845

19,661

27,314

§898

Title VI: International Education Programs

Title VI, Part A: International and Foreign Language Programs

International & Foreign Language

Programs

§610

65,103

(includes Title

VI, Part B)

68,103

(includes Title

VI, Part B)

69,353

(includes Title

VI, Part B)

71,853

(includes Title

VI, Part B)

75,353

(includes Title

VI, Part B)

Title VI, Part B: Business and International Education Programs

Centers for International Business

Education

§614

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

Business & International Education

Training Programs

§614

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

(included with

Title VI,

Part A)

Title VI, Part C: Institute for International Public Policy

Institute for International Public Policy

§629

Title VI, Part D: General Provisions

Science & Technology Advanced Foreign

Language Education Grant Program

§637

CRS-35

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Title VII: Graduate and Postsecondary Improvement Programs

Jacob K. Javits Fellowship Program

§705

Graduate Assistance in Areas of National

Need

§716

23,047

23,547

Thurgood Marshall Legal Educational

Opportunity Program

§721

Masters Degree Programs at Historically

Black Colleges and Universities

§725

8,657

9,956

10,956

14,834

19,937

§897

Masters Degree Programs at

Predominantly Black Institutions

§725

§897

Title VII, Part B: Fund for the Improvement of Postsecondary Education

Fund for the Improvement of

Postsecondary Education

§745

5,000

24,500

41,000

76,000

184,000

Title VII, Part D: Programs to Provide Students with Disabilities with a Quality Higher Education

Demonstration Projects

§765

Model Transition Programs

§769

11,800

13,800

Access to Materials

§775

National Technical Assistance Center

§778

Coordinating Center

§778

Title VII, Part E: College Access Challenge Grant Program

College Access Challenge Grant

§781

CRS-36

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Title VIII: Additional Programs

Part A-Project GRAD

§801

Part B-Mathematics and Science Scholars

§802

Part C-Business Workforce Partnerships

for Job Skill Training

§803

Part D-Capacity for Nursing Students and

Faculty

§804

Part E-American History for Freedom

§805

Part F-Teach for America

§806

Part G-Patsy T. Mink Fellowship

§807

Part H-Improving College Enrollment by

Postsecondary Schools

§808

Part I-Early Childhood Education

Professional Development

§818

Part J-Improving STEM Education with a

Focus on Alaska Native and Native

Hawaiian Students

§819

Part K-Pilot Programs to Increase

College Persistence and Success

§820

Part L-Student Safety and Campus

Emergency Management

§821

Part L-Education Disaster and Emergency

Relief Loan Program

§824

Part M-Incentives and Rewards for Low

Tuition

§830

CRS-37

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Part N: Cooperative Education

§835

Grants for Cooperative Education

Demonstration and Innovation

Projects; Training and Resources

Centers; and Research

Part O-College Partnership Grants

§841

Part P-Jobs to Careers

§851

Part Q-Rural Development Grants

§861

Part R-Campus-Based Digital Theft

Prevention

§871

Part S-Training for Realtime Writers

§872

Part T-Centers of Excellence for Veteran

Student Success

§873

Part U-University Sustainability

§881

Part V-Modeling and Simulation Programs

§891

Modeling and Simulation Task Force

Modeling and Simulation Enhancement

Grants

Modeling and Simulation Establishment

Grants

Part W-Path to Success Reentry

Education Grants

§892

Part X-School of Veterinary Medicine

Competitive Grant Program

§893

CRS-38

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Part Y-Early Federal Pell Grant

Commitment Demonstration Program

§894

Part Z-Kupuna Memorial Archives

§895

Prior Rights and Obligations for Previously Authorized Higher Education Act Programs

College Housing and Academic Facilities

Loans (CHAFL): Upward re-estimates

existing loan subsidies

§121

-10

-38

145

2,562

CHAFL: Downward re-estimate of

existing loan subsidies (non-add)

§121

-2,835

CHAFL: Liquidating Account

§121

-2,452

-3,015

-1515

-3,015

Higher Education Facilities Loans

Liquidating Account

§121

-601

-585

College Housing Loans Liquidating

Account

§121

-3,434

-1,760

Programs Authorized in Acts to Reauthorize and Amend the Higher Education Act

Higher Education Opportunity Act

National Center for Research in

Advanced Information and Digital

Technologies

§802

Pilot Grant Program for Course Material

Rental

§803

Higher Education Amendments of 1998

Workplace and Community Transition

Training for Incarcerated Individuals

§821

Underground Railroad Educational and

Cultural Program

§841

CRS-39

Appropriations and Budget Authority

($ in thousands)

Program, by Title and Part

Auth.

Sec.

Disc./

Mand.

(D/M)

FY2019

FY2020

FY2021

FY2022

FY2023

Higher Education Amendments of 1992

Olympic Scholarships

§1543

Sources: Compiled by CRS from U.S. Department of Education budget tables. FY2022 reflects appropriations as of October 1, 2022. Further appropriations and

adjustments could occur over the remainder of the fiscal year.

a. Unless otherwise noted, all provisions that were authorized through FY2014 under the HEA were automatically extended through FY2015 under Section 422 of the

General Education Provisions Act, and received additional appropriations through multiple continuing resolutions (CRs) and appropriations bills. An entry of zero

(0) indicates that an appropriation was not provided for the program.

b. Annual appropriations reflect the final amount appropriated, including any spending reductions authorized by the Budget Control Act of 2011 (BCA; P.L. 112-25),

commonly referred to as sequestration.

c. Authorization expired at the end of FY2011.

d. From March 2020 to March 2021, Congress appropriated additional funding to nearly all of the MSI programs in response to the national emergency related to

COVID-19. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act; P.L. 116-136), enacted on March 27, 2020, provided $1,046,437,875 for the MSI

programs; the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA; Division M of P.L. 116-260), enacted on December 27, 2020,

provided $1,702,285,200; the American Rescue Plan Act of 2021 (ARPA; P.L. 117-2), enacted on March 11, 2021, provided $2,968,842,750 to MSIs. Funds under the

CARES Act, CRRSAA, and ARPA were allocated proportionally among the MSI programs based on discretionary appropriations provided for the programs in

FY2020. For more information on the funding provided in response to COVID-19, see CRS Report R47027, Education Stabilization Fund Programs Funded by the

CARES Act, CRRSAA, and ARPA: Background and Analysis.

e. Section 505(e) of the Federal Credit Reform Act of 1990 authorizes appropriations for administrative costs for federal agencies that are authorized to make direct

loan obligations or loan guarantee commitments. In accordance with this provision, discretionary appropriations to administer this program are made annually. From

FY2019 to FY2022, $334,000 was appropriated annually; in FY2023, $528,000 was appropriated.

f. The Consolidated Appropriations Act, 2018 (P.L. 115-141) made available $10 million to provide for three- to six-year deferments of loans made to eligible private

HBCUs under the HBCU Capital Financing program. During the deferment period, interest on the loans will neither accrue nor be capitalized.

g. The Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (P.L. 115-

245) made available $20 million to provide for three- to six-year deferments of loans made to eligible private HBCUs under the HBCU Capital Financing program.

During the deferment period, interest on the loans will neither accrue nor be capitalized.

h. The Further Consolidated Appropriations Act, 2020 (P.L. 116-94) made available $16 million to provide for three- to six-year deferments of loans made to eligible

private HBCUs under the HBCU Capital Financing program and an additional $10 million to provide for similar deferments for public HBCUs.

i. The Consolidated Appropriations Act, 2021 (P.L. 116-260) made available $16 million to provide for three- to six-year deferments of loans made to eligible private

HBCUs under the HBCU Capital Financing program and an additional $10 million to provide for similar deferments for public HBCUs. Additionally, the FAFSA

CRS-40

Simplification Act, (Title VII, Division FF of P.L. 116-260), appropriated such sums as may be necessary to repay each institution’s outstanding balance of principal,

interest, fees, and costs on disbursed loan amounts. This resulted in $1.695 billion in mandatory spending.

j. Authorization expired at the end of FY2017.

k. The Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (P.L. 115-

245) rescinded $0.600 billion of the discretionary surplus (previous year’s unobligated discretionary appropriations).

l. The FY2020 Further Consolidated Appropriations Act (P.L. 116-94) rescinded $0.500 billion of the discretionary surplus (previous year’s unobligated discretionary

appropriations).

m. The Consolidated Appropriations Act, 2021 (P.L. 116-260) rescinded $0.500 billion of the discretionary surplus (previous year’s unobligated discretionary

appropriations).

n. The Consolidated Appropriations Act, 2022 (P.L. 117-103) rescinded $1.050 billion of the discretionary surplus (previous year’s unobligated discretionary

appropriations).

o. Authorization expired at the end of FY2010.

p. Mandatory appropriations for the Upward Bound program were authorized for FY2008-FY2011. Since FY2012, Upward Bound has only received an allocation of the

discretionary appropriations provided to all of the TRIO programs as a whole.

q. The Further Additional Supplemental Appropriations for Disaster Relief Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018 (P.L. 115-123))

authorized $100 million for FSEOG program, the FWS program, and FIPSE to be made available to IHEs located in areas affected by a covered disaster or

emergency (i.e., hurricanes Harvey, Irma, and Maria, or wildfires in 2017 for which a major disaster or emergency was declared under Section 401 or Section 501 of

the Robert T. Stafford Disasters Relief and Emergency Assistance Act) and students enrolled at such IHEs.

r. A loan subsidy cost is the estimated long-term cost to the government of a direct loan or a loan guarantee, calculated on a net present value basis, and excluding

administrative costs. A positive loan subsidy cost means that there is a cost to the government of providing the loan subsidy to borrowers, while a negative loan

subsidy costs means that the government earns a positive return from the extension of credit to borrowers. An obligation for the subsidy cost occurs when a loan

obligation or loan guarantee commitment is made. Office of Management and Budget (OMB), Circular No. A-11, Part 5: Federal Credit, June 2018, pp. 4, 7, 9, at

https://www.whitehouse.gov/wp-content/uploads/2018/06/s185.pdf.

s. Loan subsidy costs are re-estimated after the close of the fiscal year in which a cohort of loans has been substantially disbursed. Re-estimates account for differences

between the original assumptions of cash flow and actual cash flow or revised assumptions about future cash flows, such as differences between assumed and actual

default rates. OMB, Circular No. A-11, Part 5: Federal Credit, June 2018, p. 5, at https://www.whitehouse.gov/wp-content/uploads/2018/06/s185.pdf.

t. A loan modification is a government action that “(1) differs from actions assumed in the baseline estimate of cash flows and (2) changes the estimated cost of an

outstanding direct loan … or an outstanding loan guarantee.” Modifications result in a one-time change in the subsidy cost of outstanding direct loans or loan

guarantees. When a loan modification is made, the cost of the modification is recorded in the fiscal year in which it becomes effective. OMB, Circular No. A-11, Part 5:

Federal Credit, June 2018, pp. 10-11, at https://www.whitehouse.gov/wp-content/uploads/2018/06/s185.pdf.

u. The funding amounts for upward modifications of existing loans include discretionary appropriations provided in annual appropriations acts to support the

temporary expansion of the Public Service Loan Forgiveness program. the Department of Defense and Labor, Health and Human Services, and Education

Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (P.L. 115-245) appropriated $350 million; the Further Consolidated Appropriations Act, 2020

(P.L. 116-94) appropriated an additional $50 million; the Omnibus Appropriations Act, 2021 (P.L. 116-260) provided an additional $50 million; and the Consolidated

Appropriations Act, 2022 (P.L. 117-103) provided an additional $25 million. The Office of Management and Budget treats such funds as mandatory funding.

v. Authority for mandatory appropriations for not-for-profit servicing contracts was repealed by the Bipartisan Budget Act of 2013 (H.J.Res 59).

w. Authorization expired at the end of FY2010, and funds have not been provided since FY2010.

CRS-41

x. As interpreted and implemented by ED, “The Deficit Reduction Act (P.L. 109-171) shifted the payment of account maintenance fees, [which is] authorized under

Section 458(a)(4) of the HEA, to subsidy cost from administration funds or from the Federal Fund.” U.S. Department of Education, Federal Student Aid, 2007 Annual

Report, p. 56. Nonetheless, ED interprets HEA §458(a)(4) as providing the authority for transactions with the non-budgetary FFEL program financing account.

Authority for transactions with the non-budgetary FFEL program financing account expired at the end of FY2017 and was extended through FY2018 under the

Consolidated Appropriations Act of 2018 (P.L. 115-141).

y. Repayments of Federal Perkins Loans represents payments made by borrowers on their outstanding Federal Perkins loans that have been assigned to ED from the

borrower’s school.

z. Authorization for the committee expired on October 1, 2015. Congress neither reauthorized the program nor provided additional appropriations to continue the

program’s operations beyond FY2015.

aa. The Consolidated Appropriations Act of 2018 (P.L. 115-141) authorized $5 million of these funds to be made available for a competitive grant program to support

projects at IHEs that create new open textbooks or expand their use. The act authorized $1 million for ED to establish a pilot grant program to support

technological upgrades for community colleges for the purpose of supporting cybersecurity programs. In addition, the Further Additional Supplemental

Appropriations for Disaster Relief Act, 2018 (Division B, Subdivision 1 of the Bipartisan Budget Act of 2018 (P.L. 115-123)) authorized $100 million for the FSEOG

program, the FWS program, and FIPSE to be made available to IHEs located in areas affected by a covered disaster or emergency (i.e., hurricanes Harvey, Irma, and

Maria, or wildfires in 2017 for which a major disaster or emergency was declared under section 401 or 501 of the Robert T. Stafford Disasters Relief and

Emergency Assistance Act) and students enrolled at such IHEs.

bb. The conference report that accompanied the FY2020 appropriations act directed that $7 million of the funding for Fund for the Improvement of Postsecondary

Education support the Centers of Excellence for Veterans Student Success Program.

cc. Subpart 4 also authorizes the Secretary to award a cooperative agreement to create a National Coordinating Center (NCC) for IHEs offering inclusive,

comprehensive transition programs for students with intellectual disabilities. The NCC is currently hosted by the Think College National Coordinating Center for

Transition and Postsecondary Education Programs for Students with Intellectual Disabilities

dd. HEA Section 769(b) provides that a reservation of funds shall be made for the National Coordinating Center (NCC; for which an authorization of appropriations is

also provided in HEA Section 778), if appropriations for Transition Programs for Students with Intellectual Disabilities Into Higher Education are provided. Under

HEA Section 769(b), $2 million has been provided for the NCC in each of FY2015, FY2016, FY2017, FY2018, and FY2019.

ee. It does not appear that the NCC has ever received an appropriation under the authority provided under HEA Section 778. HEA Section 769(b) provides that a

reservation of funds shall be made for the NCC, if appropriations for Transition Programs for Students with Intellectual Disabilities into Higher Education are

provided. Under this authority, $2 million has been provided for the NCC in each of FY2015 through FY2021 and the NCC grant contract extends through FY2025.

ff. Authorization for mandatory appropriations expired at the end of FY2014.

gg. In accordance with Section 505(e) of the Federal Credit Reform Act of 1990, discretionary appropriations are made available annually to administer this program. In

FY2022, $435,000 was appropriated.

hh. The federal budget treats the downward re-estimate of existing loan subsidies as receipts. Because the CHAFL program does not have the authority to retain these

receipts, they are attributed to the General Fund of the Treasury. The display of these downward re-estimates in this table is for informational purposes only and

does not reflect budget authority that is available to the CHAFL program. It should not be added to the upward re-estimate of existing loan subsidies found above.

The Higher Education Act (HEA): A Primer

Congressional Research Service 42

Appendix B. General Education Provisions Act

The General Education Provisions Act (GEPA) contains a broad array of statutory provisions that

are applicable to the majority of federal education programs administered by the Department of

Education (ED),

as well as provisions related to the powers and responsibilities of ED. These

provisions cover topics as varied as appropriations, evaluations, privacy, and enforcement. This

appendix briefly discusses several of the GEPA provisions that apply to programs authorized by

the Higher Education Act (HEA).

Part A: Functions of the Department of Education

GEPA, Part A includes provisions related to the authority and responsibility of ED to administer

education programs. It confers regulatory authority on the Secretary of Education and specifies

that any regulation affecting an institution of higher education shall only become effective if the

regulation is published in the Federal Register with an educational impact assessment statement.

Part B: Appropriations and Evaluations

GEPA, Part B includes provisions that address, among other issues, authorizing forward funding

for programs (e.g., appropriated funds that are to be obligated in FY2023 may be appropriated in

the FY2022 appropriations act).

Section 422 of GEPA provides that if Congress, in the regular session that ends prior to the

beginning of the terminal fiscal year of authorization of appropriations of an applicable program,

does not pass legislation extending the program, the program is automatically extended for one

additional fiscal year.

This provision does not apply to the authorization of appropriations for

commissions, councils, or committees that have statutorily specified termination dates.

Part C: General Requirements and Conditions Concerning the

Operation and Administration of Education Programs

GEPA, Part C addresses the general authority of the Secretary, administrative requirements and

limitations, the administration of education programs and projects by states, and records and

limitations on withholding federal funds. Part C also contains the Family Educational Rights and

Privacy Act, which provides privacy protections for student records. Part C clarifies that no

provision of any applicable programs is intended to authorize federal control over educational

curriculum, administration, or personnel of any educational institutions.

Part D: Enforcement

GEPA, Part D addresses the enforcement of laws and regulations administered by ED, including

the establishment of ED’s Office of Administrative Law Judges, procedures for recovering

federal funds from recipients, and remedies for violations of ED laws and programs.

20 U.S.C. §§1221 et seq.

For additional information on GEPA, see CRS Report, CRS Report R41119, General Education Provisions Act

(GEPA): Overview and Issues, archived, available to congressional clients upon request.

If Congress does not act to reauthorize a program within the one-year extension period, the program is technically no

longer authorized; however, so long as a program continues to receive appropriations, it is considered to be implicitly

authorized.

The Higher Education Act (HEA): A Primer

Congressional Research Service 43

Appendix C. Previous HEA Reauthorizations

Although Congress may amend the HEA at any point in time, in general, reauthorizations are

comprehensive and amend, extend, delete, and establish new programs. The HEA was first

enacted in 1965 and has been comprehensively reauthorized eight times, in 1968, 1972, 1976,

1980, 1986, 1992, 1998, and 2008. Authorization for most HEA programs expired at the end of

FY2014. GEPA authorized the appropriation of funds for one additional year through FY2015,

and additional funds for many of the expired programs have been appropriated since FY2015.

Table C-1 lists the previous reauthorization, their public law numbers, and additional resources

about each reauthorization, when available. Aside from these comprehensive reauthorizations, the

HEA has been amended numerous times; these amendments have ranged from minor technical

amendments to amendments that have represented major changes to certain programs.

Table C-1. Comprehensive Reauthorizations of the Higher Education Act of 1965

Reauthorization

Public Law Number

Additional Resources

Higher Education Amendments

of 1968

P.L. 90-575

CRS Report ED 340, The Higher

Education Amendments of 1968

(archived, available to congressional

clients on request)

Higher Education Amendments

of 1972

P.L. 92-318

CRS Report 72-146, Major Provisions

of the Education Amendments on

1972—P.L. 92-318 (archived,

available to congressional clients on

request)

Higher Education Amendments

of 1976

P.L. 94-482

CRS Report 77-9, Summary of the

Higher Education Act of 1965, as

amended, including the Education

Amendments of 1976 (archived,

available to congressional clients on

request)

Higher Education Amendments

of 1980

P.L. 96-374

—

Higher Education Amendments

of 1986

P.L. 99-498

CRS Report 87-187, The Higher

Education Amendments of 1986 (P.L.

99-498) (archived, available to

congressional clients on request)

Higher Education Amendments

of 1992

P.L. 102-325

CRS Report 92-690, Summary of

Amendments to the Higher Education

Act of 1965 (P.L. 102-325) (archived,

available to congressional clients on

request)

Higher Education Act Amendments

of 1998

P.L. 105-244

CRS Report RL30063, The Higher

Education Act: reauthorization by the

105

Congress (archived, available

to congressional clients on request)

Higher Education Opportunity Act

of 2008

P.L. 110-315

CRS Report RL34654, The Higher

Education Opportunity Act:

Reauthorization of the Higher

Education Act

The Higher Education Act (HEA): A Primer

Congressional Research Service 44

Author Information

Joselynn H. Fountain

Analyst in Education Policy

Key Policy Staff

This report provides a general overview of the major HEA provisions. For information on a specific

program or policy issue, see the following Key Policy Staff table. Congressional clients may click on the

analyst’s name in the HTML version of the report for email access.

Area of Expertise

Name

FAFSA, Need Analysis

Benjamin Collins

Pell Grants, Veterans’ Education

Benefits

Cassandria Dortch

TRIO Programs, GEAR UP

Adam Edgerton

Campus-Based Programs, Institutional

Aid, Minority Serving Institutions,

Graduate Programs

Joselynn H. Fountain

Institutional Eligibility

Alexandra Hegji

Teacher Quality Programs,

International Education Programs

Jeff Kuenzi

TEACH Grants, Postsecondary

Education Consumer Information

Rita Zota

Education Appropriations and Budget

Kyle Shohfi

FFEL program, Direct Loan program

Alexandra Hegji

Rita Zota

Kyle Shohfi

Acknowledgments

This report was originally authored by Alexandra Hegji, CRS Analyst in Social Policy.

The Higher Education Act (HEA): A Primer

Congressional Research Service R43351 · VERSION 19 · UPDATED 45

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