The Higher Education Act (HEA): A Primer
Released: 2018-10-24T00:00:00

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 FY2017, approximately $122.5 billion in financial assistance was made available to 12.9 million students under these programs. In the same year, ED provided approximately $2.3 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 passage 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 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 ( P.L. 115-245 ).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 FY2015 through FY2018. 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 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 (FSA) programs under Title IV. The definition of an IHE provided in Section 102 applies to institutional participation in Title IV FSA 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 not been funded in several years.

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 of the outlying areas.

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 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 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 appropriations 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 at least equal the average appropriation 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."

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 government 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, 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 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.

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.

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.

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 passage 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 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 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 through FY2019 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 undergraduate student enrollment that is at least 25% Hispanic students. Title III-F also provides annual mandatory appropriations for this program through FY2019.

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 (FSA) awarded to undergraduates (i.e., all other FSA 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 FSA 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 amount of grant aid available to students is primarily based on the financial resources that students and their families are expected to contribute toward the cost of financing a postsecondary education and 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. Pell Grant awards are prorated for students who attend on less than a full-time basis.

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, for each of the TRIO programs, 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 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 high school 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 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, 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.

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, also 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.

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 in a high-need subject in a high-poverty elementary or secondary school for four years within eight years after completing their course of study If recipients do not fulfill their service requirement, TEACH grants are converted to Federal Direct Unsubsidized Stafford Loans, with interest accrued from the date each grant was awarded.

Subpart 10: Scholarships for Veteran's Dependents

Subpart 10 authorizes Scholarships for Veteran's Dependents, known as Iraq and Afghanistan Service Grants, 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 equal the maximum Federal Pell Grant available for that award year.

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. Approximately $305.8 billion in outstanding FFEL program loans are due to be repaid in the coming years.

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 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 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.

Direct Subsidized Loans

Direct Subsidized Loans are available only to undergraduate students who demonstrate financial need. The federal government "subsidizes" these loans by paying the interest that accrues on the loans while the borrower is enrolled in an eligible program on at least a half-time basis, 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 pay the interest 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 unless another individual agrees to serve as an endorser. The federal government does not pay the interest 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. 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. Starting on October 1, 2017, each IHE was to begin returning to the Secretary the federal share of its Perkins Loan fund and the federal share of payments and collections made on outstanding Perkins Loans. Because institutions were allowed to make loan disbursements to eligible borrowers through June 30, 2018, ED indicated that it will begin collecting the federal share of IHEs' Perkins Loan funds following the submissions of the 2019-2020 Fiscal Operations and Application to Participate (FISAP), which was due October 1, 2018. 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 portfolio or may liquidate their portfolio and assign it to ED for servicing. Approximately $7.4 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 AY2018-2019 is completed using information from tax year 2016.

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 ($25,000 in AY2018-2019) 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.

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.

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 FSA 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 FSA 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 FSA 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 FSA 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.

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 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 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 FY2019 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.

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 Te chnical 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.

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 support the goals of improving access to postsecondary education and improving enrollment, persistence, and completion rates. Generally, these programs seek 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 FY2015.

Appendix A. History of Funding for HEA Programs: FY2015-FY2019

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 FY2015 through FY2019. 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).

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 FY2011 may be appropriated in the FY2010 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.

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.