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FY2016 Extension of the Higher Education Act: An Overview

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. FY2016 Extension of the Higher Education Act: An Overview David P. Smole Specialist in Education Policy Alexandra Hegji Analyst in Social Policy September 28October 14, 2015 Congressional Research Service 7-5700 www.crs.gov R44206 c11173008 FY2016 Extension of the Higher Education Act: An Overview . Summary The Higher Education Act of 1965, as amended (HEA; P.L. 89-329), authorizes the operation of numerous federal aid programs that provide support both to individuals pursuing a postsecondary education and to institutions of higher education (IHEs). It also authorizes certain activities and functions. The HEA was first enacted in 1965. It has since been amended and extended numerous times, and it has been comprehensively reauthorized eight times. The most recent comprehensive reauthorization occurred in 2008 under the Higher Education Opportunity Act (HEOA; P.L. 110315), which authorized most HEA programs through FY2014. Many of the programs with authorizations set to expire at the end of FY2014 were automatically extended through FY2015 under Section 422 of the General Education Provisions Act (GEPA). Additionally, many HEA programs due to expire at the end of FY2015 were extended through December 11, 2015, under P.L. 114-53, the Continuing Appropriations Act, 2016. This report identifies provisions under the HEA that were set to expire at the end of FY2015. It also also discusses authorization and appropriations options for extending the statutory authorities that are are scheduled to lapse. These options include an explicit extension of, or an appropriation of funds funds for, these programs either through a regular appropriations measure or a continuing resolution. Finally, for all HEA mandatory and discretionary programs and activities, the report provides provides information on the authorization of appropriations or mandatory budget authority, the duration for which such authority is provided, the applicability of extensions under GEPA, and FY2015 FY2015 appropriations and mandatory budget authority. c11173008 Congressional Research Service FY2016 Extension of the Higher Education Act: An Overview FY2016 Extension of the Higher Education Act: An Overview. Contents Higher Education Act Authorization ............................................................................................... 1 General Education Provisions Act............................................................................................. 1 Advisory Committees ......................................................................................................... 12 Other HEA Programs .......................................................................................................... 2 Authorization and Appropriations Options for Addressing the Expiring HEA Provisions ............. 2 Explicit Extension ..................................................................................................................... 3 Continued Appropriation of Funds ............................................................................................ 3 Continuing Resolutions ....................................................................................................... 4 FY2016 Continuing Resolution .......................................................................................... 4 Lapse in Appropriations ...................................................................................................... 45 The Freely Associated States..................................................................................................... 5 Higher Education Act Provisions and Authorizations ............................................................... 56 Tables Table 1. Higher Education Act Provisions and Authorizations ....................................................... 67 Contacts Author Contact Information .......................................................................................................... 2526 c11173008 Congressional Research Service FY2016 Extension of the Higher Education Act: An Overview . Higher Education Act Authorization The Higher Education Act of 1965, as amended (HEA; P.L. 89-329), authorizes the operation of numerous federal aid programs that provide support both to individuals pursuing a postsecondary education and to institutions of higher education (IHEs). It also authorizes certain activities and functions. The most recent comprehensive reauthorization of the HEA was in 2008 under the Higher Education Opportunity Act (HEOA; P.L. 110-315). As amended by the HEOA, appropriations were authorized for most HEA discretionary spending programs through FY2014. However, under generally applicable provisions in the General Education Provisions Act (GEPA), the authorization periods for most HEA programs were effectively extended through the end of FY2015, at which point they lapse. Legislative action must occur for all of the expiring provisions if they are to continue for additional years beyond the end of FY2015. Under P.L. 114-53, the Continuing Appropriations Act, 2016, Congress provided additional appropriations for many of these programs through December 11, 2015, such that they will continue operation until that date.1 Additional legislative action must occur for the provisions extended by P.L. 114-53 to continue beyond December 11, 2015. Not all authorizations of appropriations in the HEA expire inwere set to expire at the end of FY2015. For some HEA programs, authorization of appropriations or mandatory budget authority is permanent,12 while for others others authorization is provided through a date beyond the end of FY2014.23 For a number of programs, the the period during which appropriations are authorized to be provided has ended.34 For instance, the authorizations of appropriations for Teacher Quality Partnership Grants expired at the end of FY2011. In a few other instances that are discussed below, program authority hashad a sunset date (e.g., the end of FY2014, the end of FY2015). General Education Provisions Act The General Education Provisions Act (GEPA)45 contains a broad array of statutory provisions that are applicable to the majority of federal education programs administered by the U.S. Department of Education (ED). GEPA Section 422 provides that, in the absence of the enactment of a law to extend or repeal a program administered by ED, the authorization of appropriations for, or the duration of, a program is extended for one additional fiscal year beyond its terminal year.56 The authorization of appropriations for such programs in the additional year shall be the same as that for the terminal year of the program. Advisory Committees Section 422 of GEPA explicitly states that the automatic one-year extension does not apply to the authorization of appropriations for commissions, councils, or committees that are required by statute to terminate on a specific date. Under the HEA, there are two committees with specific termination dates:  Under Section 114(f), the authority for the National Advisory Committee on Institutional Quality and Integrity (NACIQI) terminates on September 30, 2015.6 1 1 For HEA programs, P.L. 114-53 provides funding through the earlier of December 11, 2015, or the enactment of a law that either provides additional funding or does not fund the applicable program, at the rate of operations as provided in the Consolidated and Further Continuing Appropriations Act of 2015 (P.L. 113-235), and under the authority and conditions so provided, but subject to a 0.2108% reduction. 2 For instance, the William D. Ford Federal Direct Loan Program’s authorization of appropriations makes available “such sums as may be necessary ... to make loans to all eligible students ... in attendance at participating institutions of higher education ... during the period beginning July 1, 1994”; HEA §451(a). 23 For instance, mandatory appropriations for various HEA, Title III-A, III-B, and III-F programs (minority-serving institutions programs) are authorized through FY2019. 34 See HEA §209. 45 20 U.S.C. §§1221, et seq. 56 For more information on GEPA, see CRS Report R41119, General Education Provisions Act (GEPA): Overview and Issues, by Rebecca R. Skinner and Jody Feder. 6 Both of these committees originally were to terminate at the end of FY2014. However, on September 26, 2014, under P.L. 113(continued...) Congressional Research Service 1 FY2016 Extension of the Higher Education Act: An Overview  c11173008 Congressional Research Service 1 FY2016 Extension of the Higher Education Act: An Overview . Advisory Committees Section 422 of GEPA explicitly states that the automatic one-year extension does not apply to the authorization of appropriations for commissions, councils, or committees that are required by statute to terminate on a specific date. Prior to the enactment of P.L. 114-53, two HEA committees had specific termination dates:   Under Section 114(f), the authority for the National Advisory Committee on Institutional Quality and Integrity (NACIQI) terminated on September 30, 2015.7 Under Section 491(k), the authority for the Advisory Committee for Student Financial Assistance (ACSFA) iswas provided until October 1, 2015.78 Other HEA Programs Congress has not extended or repealed many of the provisions authorized by the HEA through FY2014. Thus, except for the advisory committees noted above, GEPA automatically extended most of these HEA programs and authorizations of appropriations through FY2015 at the same levels as were authorized to be provided for FY2014. However, because GEPA Section 422 only provides an additional one-year extension to HEA programs and many of those programs that were set to expire at the end of FY2014 were automatically extended through FY2015 under GEPA, —and subsequently through December 11, 2015, under the continuing resolution—legislative action must occur if these expiring provisions are to continue for additional years beyond the end of FY2015 continue beyond December 11, 2015. Authorization and Appropriations Options for Addressing the Expiring HEA Provisions Most HEA provisions that were set to expire at the end of FY2014 werehad been provided an additional one-year oneyear extension under GEPA. This additional one-year extension will terminateterminated at the end of FY2015. The implications of this expiration in the context of a particular program or activity depend on the nature of the provision that expired. In general, there is a distinction between an authorization provision that establishes the authority for a program, policy, project, or activity and a provision that explicitly authorizes subsequent congressional action to provide appropriations. The Comptroller General has explained that there is no constitutional or general statutory requirement that an appropriation must be preceded by a specific act that authorized it.89 “Congress may ... appropriate funds for a program or object that has not been previously authorized or which exceeds the scope of a prior authorization, in which event the enacted appropriation, in effect, carries its own authorization and is available to the agency for obligation and expenditure.”9 That is, in the event that an authorization of appropriations has lapsed, an appropriation would generally provide the necessary legal authorization for the agency to spend money for the particular purpose specified in the appropriations act. Furthermore, if an authorization of appropriations for an activity expires but the underlying authority for that activity does not, those statutory authorities still exist and the agency may continue to take actions pursuant to them, assuming that appropriations are available for those purposes.10 (...continued) 1747 Both of these committees originally were to terminate at the end of FY2014. However, on September 26, 2014, under P.L. 113174, Congress reauthorized both committees for an additional fiscal year. 78 Additionally, unless excepted, federal advisory committees are subject to provisions of the Federal Advisory Committee Act (FACA; P.L. 92-463). Section 14(a)(2) provides that each advisory committee “shall terminate not later than the expiration of the two-year period beginning on the date of its establishment unless ... (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law.” The HEA specifically states that FACA Section 14 does not apply to NACIQI (HEA §114(d)(4)), while for the ACSFA it states that “notwithstanding the sunset and charter provisions of the [FACA] ... [ACSFA] shall be authorized until October 1, 2015”; HEA §491(k). Thus, for both NACIQI and the ACSFA, it appears that FACA Section 14 does not apply and, therefore, that without additional congressional action both committees would terminate on the dates provided for in law—September 30, 2015, and October 1, 2015, respectively. 8 law. In fact, under P.L. 114-53, Congress extended NACIQI’s authorization through December 11, 2015; Congress did not extend ACSFA’s authorization. 9 Government Accountability Office, Office of the General Counsel, Principles of Federal Appropriations Law, volume I, at 2-41 (3d ed. 2004) (hereinafter, "GAO Red Book"). 9 GAO Red Book, at 1-21, 1-39. 10 For further information, see CRS Report R42098, Authorization of Appropriations: Procedural and Legal Issues, by Jessica Tollestrup and Brian T. Yeh. Congressional Research Service 2 FY2016 Extension of the Higher Education Act: An Overview Extension of the HEA authorization provisions that expire”). c11173008 Congressional Research Service 2 FY2016 Extension of the Higher Education Act: An Overview . carries its own authorization and is available to the agency for obligation and expenditure.”10 That is, in the event that an authorization of appropriations has lapsed, an appropriation would generally provide the necessary legal authorization for the agency to spend money for the particular purpose specified in the appropriations act. Furthermore, if an authorization of appropriations for an activity expires but the underlying authority for that activity does not, those statutory authorities still exist and the agency may continue to take actions pursuant to them, assuming that appropriations are available for those purposes.11 Extension of the HEA authorization provisions that expired at the end of FY2015, the vast majority of which are discretionary authorizations of appropriations, could be addressed in a variety of ways through either the authorization or appropriations processes (or both). For instance, one or more laws could be enacted that extend the authorization of appropriations for an individual program or multiple programs. Alternatively, a program for which the authorization of appropriations has expired may continue to operate if Congress continues to appropriate funds for it. In a few other instances, however, where the authority for the program itself terminates, an explicit extension of that program would be required for it to continue to operate. Explicit Extension For the HEA provisions set to expirethat expired at the end of FY2015, a law could be enacted to explicitly extend the authorization. For instance, prior to the enactment of the HEOA (P.L. 110-315) in 2008, the most recent reauthorization of the HEA, HEA programs were extended beyond their prior terminal authorization date of FY2003 through a series of Higher Education Extension Acts that temporarily extended the HEA.1112 These extension acts broadly extended the authorization of appropriations for and the duration of each program authorized under the HEA for an additional period of time beyond their prior terminal authorization dates. Continued Appropriation of Funds As an alternative to an explicit authorization extension, for many of the HEA provisions set to expirethat expired at the end of FY2015, additional funds could be appropriated for periods beyond FY2015 to ensure a program’s continued operation. As was previously mentioned, in general, an appropriation for the purposes of a program with an expired authorization of appropriations would ensure the continued operation of that program. For example, although the authorization of appropriations under HEA, Title II, Part A, for Teacher Quality Partnership Grants was provided only through FY2011 (and extended under GEPA through FY2012), the program remains operational due to continued funding provided in appropriations acts through FY2015. While it seems that most of the HEA programs set to expirethat expired at the end of FY2015 could continue operations with the appropriation of funds for FY2016, it appears that an explicit extension would be required for the advisory committees mentioned above to ensure continued operation in their current form beyond the end of FY2015.12 11 13 10 GAO Red Book, at 1-21, 1-39. For further information, see CRS Report R42098, Authorization of Appropriations: Procedural and Legal Issues, by Jessica Tollestrup and Brian T. Yeh. 12 The original termination date for most of the HEA provisions was September 30, 2003. The termination date was extended through FY2004 by GEPA Section 422. Subsequently, 14 laws that temporarily extended the HEA were enacted: P.L. 108-366, P.L. 109-81, P.L. 109-150, P.L. 109-212, P.L. 109-238, P.L. 109-292, P.L. 110-44, P.L. 110-51, P.L. 110-109, P.L. 110-198, P.L. 110-230, P.L. 110-238, P.L. 110-256, and P.L. 110-300. 1213 As described previously, both NACIQI and the ACSFA are advisory committees with specified termination dates to which the GEPA Section 422 automatic one-year extension does not apply. Both of these committees had been set to terminate at the end of FY2014; however, on September 26, 2014, under P.L. 113-174, Congress reauthorized both committees for an additional fiscal year. NACIQI does not have an explicit authorization of appropriations. For the ACSFA, under HEA Section 491(i), from funds appropriated for the salaries and expenses of ED, no less than $800,000 shall be available to the ACSFA for its operations. While this provision provides an authorization of funds for the ACSFA, FACA Section 14(a)(2)(B) provides that each advisory committee established by an act of Congress remains in effect until the duration provided for by law. Thus, it appears that under this FACA language, coupled with the ACSFA’s termination date provided in the HEA, the ACSFA would require an explicit extension from Congress to remain in operation and the funds that are generally appropriated for ED’s salaries and expenses would be insufficient to sustain the committee. Congressional Research Service 3 FY2016 Extension of the Higher Education Act: An Overview In addition, regarding the Federal Perkins Loan program, it is unclear whether the appropriation of funds for FY2016 for federal capital contributions would be necessary or sufficient to forestall the requirement to begin a distribution of federal assets from Perkins revolving loan funds.13 Continuing Resolutions Congress uses an annual appropriations process to fund routine activities of most federal agencies. This process anticipates regular appropriations bills to fund activities before the beginning of the fiscal year. When this process is delayed beyond the start of the fiscal year, one or more continuing appropriations acts (continuing resolutions) can be used to provide funding until action on regular appropriations is completed.14 In the event a regular appropriations bill to authorize funding for the expiring HEA provisions is not enacted by October 1, 2015, a continuing resolution (CR) could be enacted to appropriate funds for these expiring provisions. In most cases, the appropriation of funds for a program through a CR would be sufficient for a program’s continued operation.15 However, for those programs with explicit termination or sunset dates, a CR or other appropriations law would likely need to contain specific language, beyond the appropriation of funds, indicating Congress’s intent to continue the operation of the program. Thus, for certain provisions described above (e.g., NACIQI, ACSFA, and the Perkins Loan program) the extension of the explicit authorization for the program or activity may be required for continued operations. Lapse in Appropriations In the event FY2016 funding is not provided for the HEA programs set to expire at the end of FY2015, either through regular appropriations or a CR, a funding gap would follow. Should this occur, an agency must suspend operations of affected programs, except in certain situations when law authorizes continued activity, until the enactment of appropriations.16 The programs may resume once funds for them are (continued...) 11 c11173008 Congressional Research Service 3 FY2016 Extension of the Higher Education Act: An Overview . Continuing Resolutions Congress uses an annual appropriations process to fund routine activities of most federal agencies. This process anticipates regular appropriations bills to fund activities before the beginning of the fiscal year. When this process is delayed beyond the start of the fiscal year, one or more continuing appropriations acts (continuing resolutions) can be used to provide funding until action on regular appropriations is completed.14 In the event a regular appropriations bill to appropriate funding for the expiring HEA provisions is not enacted prior to their expiration date, a continuing resolution (CR) could be enacted to provide continued funding for these expiring provisions. In most cases, the appropriation of funds for a program through a CR would be sufficient for a program’s continued operation.15 However, for those programs with explicit termination or sunset dates, a CR or other appropriations law would likely need to contain specific language, beyond the appropriation of funds, indicating Congress’s intent to continue the operation of the program. Thus, for certain provisions, the extension of the explicit authorization for the program or activity may be required for continued operations. FY2016 Continuing Resolution On September 30, 2015, Congress passed, and the President signed, the Continuing Appropriations Act, 2016 (P.L. 114-53), which, in general, provides continuing appropriations for federal programs through December 11, 2015.16 Thus, many of the HEA programs that were set to expire at the end of FY2015 will continue through December 11, 2015, or until another appropriations measure is enacted. In addition, Congress explicitly extended NACIQI through December 11, 2015. Under P.L. 114-53, in general, HEA programs are funded at the same rate and under the same conditions as they were in FY2015, minus an across-the-board reduction of 0.2108%. Congress did not, however, extend the authorization of or provide additional funding for the following two programs:   the Federal Perkins Loan program, and the Advisory Committee for Student Financial Assistance. Because neither additional funding nor an extension of authorization was provided for these two programs, they may not continue. For the Federal Perkins Loan program, this means that IHEs may no longer award new Perkins Loans to new borrowers,17 and must begin returning federal capital (...continued) FY2014; however, on September 26, 2014, under P.L. 113-174, Congress reauthorized both committees for an additional fiscal year. NACIQI does not have an explicit authorization of appropriations. For the ACSFA, under HEA Section 491(i), from funds appropriated for the salaries and expenses of ED, no less than $800,000 shall be available to the ACSFA for its operations. While this provision provides an authorization of funds for the ACSFA, FACA Section 14(a)(2)(B) provides that each advisory committee established by an act of Congress remains in effect until the duration provided for by law. Thus, it appears that under this FACA language, coupled with the ACSFA’s termination date provided in the HEA, the ACSFA would require an explicit extension from Congress to remain in operation and the funds that are generally appropriated for ED’s salaries and expenses would be insufficient to sustain the committee. 14 For additional information on continuing resolutions, see CRS Report R42647, Continuing Resolutions: Overview of Components and Recent Practices, by Jessica Tollestrup. 15 It is unclear whether a CR or other appropriations law would reset the automatic one-year GEPA Section 422 extension such that, in the absence of legislation to extend or repeal a program, the authorization of appropriations for, or the duration of, a program would be extended for one additional fiscal year beyond the terminal fiscal year of the new appropriations. 16 For additional information, see CRS Report R44214, Overview of the FY2016 Continuing Resolution (H.R. 719), by Jessica Tollestrup. 17 A limited grandfathering provision applies, which allows institutions to award Perkins Loans through FY2019 to allow prior (continued...) c11173008 Congressional Research Service 4 FY2016 Extension of the Higher Education Act: An Overview . contributions that have been provided to institutions over the years.18 For the Advisory Committee on Student Financial Assistance, the absence of an authorization or appropriation means it must disband and cease operations immediately.19 Lapse in Appropriations In the event additional funding is not provided beyond December 11, 2015 for those HEA programs that were funded through P.L. 114-53, either through regular appropriations or another CR, a funding gap would follow. Should this occur, an agency must suspend operations of affected programs, except in certain situations when law authorizes continued activity, until further appropriations are provided.20 The programs may subsequently resume once funds for them are appropriated, unless otherwise provided. In many past instances, a CR following a funding gap has contained authorization extensions and provided that those extensions shall be considered to have been enacted on the date that the funding gap commenced, as if no funding gap occurred. For instance, under the Continuing Appropriations Act of 2014 (P.L. 113-46), which followed the FY2013 16-day funding gap from October 1, 2013, to October 16, 2013, appropriations were provided for federal programs and the time covered by the joint resolution was “considered to have begun on October 1, 2013.”1721 This may be especially relevant for programs with a 13 specific termination date, such as the advisory committees discussed above. While additional action beyond providing appropriations is likely needed to continue their operation, should these programs not receive an explicit extension prior to the termination, it appears that Congress would have the ability to restore the committees through provisions in a CR as if a lapse in authorization never occurred, such that it may be unnecessary to reform the committees completely (e.g., appoint new committee members). The Freely Associated States In addition to the HEA, the Compact of Free Association contains several provisions that relate to the eligibility of students and IHEs of the Freely Associated States to participate in the HEA programs.22 In accordance with the Compact of Free Association, students and IHEs in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are eligible to receive appropriations for and participate in many federal student aid programs through FY2023 (e.g., Pell Grants). With respect to the Federal Supplemental Educational Opportunity Grant (FSEOG) program and the Federal Work Study (FWS) program, however, the Compact of Free Association, as amended by the Consolidated and Further Continuing Appropriations Act of 2015 (P.L. 113-235), extended eligibly for (...continued) Perkins Loan recipients to continue their courses of study. HEA §461(a)(2). 18 Upon ending participation in the Federal Perkins Loan program, an IHE is required to repay the Secretary of Education a portion of the balance of its revolving loan that is proportional to the amount of federal capital contributions received. This is referred to as a distribution of assets. In addition, HEA Section §466(b) states that IHEs were to begin distributing collections on outstanding Perkins loans received after October 1, 2012. However, ED determined that HEA Section §461, which authorized appropriations for Perkins Loan program federal capital contributions through FY2014 and the automatic one-year extension under GEPA Section §422 supersede the October 1, 2012, distribution of loan collections provisions. Under ED’s interpretation, the the Perkins Loan program was authorized through FY2014 and then through FY2015 under GEPA Section 422. Additionally, a limited grandfathering provision applies that allows the awarding of continuation Perkins Loans through FY2019 to allow prior Perkins Loan recipients to continue their courses of study. §422. For additional information on the status of the on the Perkins Loan program, see CRS Report R43959, Status of the Federal Perkins Loan Program: Frequently Asked Questions, by Alexandra Hegji. 14 For additional information on continuing resolutions, see CRS Report R42647, Continuing Resolutions: Overview of Components and Recent Practices, by Jessica Tollestrup. 15 It is unclear whether a CR or other appropriations law would reset the automatic one-year GEPA Section 422 extension such that, in the absence of legislation to extend or repeal a program, the authorization of appropriations for, or the duration of, a program would be extended for one additional fiscal year beyond the terminal fiscal year of the new appropriations. 1619 For more information about how this is unfolding, see Kelly Field, “Group That Shaped Federal Student-Aid Policy is Disbanded,” The Chronicle of Higher Education, October 1, 2015. 20 A full discussion of a lapse in appropriations and potential shutdown of the federal government are beyond the scope of this report. For additional information, see CRS Report RS20348, Federal Funding Gaps: A Brief Overview, by Jessica Tollestrup. 1721 P.L. 113-46, §118. 22 48 U.S.C. §§1921, et seq. c11173008 Congressional Research Service 4 FY2016 Extension of the Higher Education Act: An Overview specific termination date, such as the advisory committees discussed above. While additional action beyond providing appropriations is likely needed to continue their operation, should these programs not receive an explicit extension prior to the termination, it appears that Congress would have the ability to restore the committees through provisions in a CR as if a lapse in authorization never occurred, such that it may be unnecessary to reform the committees completely (e.g., appoint new committee members). The Freely Associated States In addition to the HEA, the Compact of Free Association contains several provisions that relate to the eligibility of students and IHEs of the Freely Associated States to participate in the HEA programs.18 In many instances, students and IHEs in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are eligible to receive appropriations for and participate in federal student aid programs through FY2023 (e.g., Pell Grants). However, students and IHEs in Palau are eligible to receive appropriations for and participate in the Federal Supplemental Educational Opportunity Grant (FSEOG) and the Federal Work Study (FWS) programs only through FY2015.19 Thus, it appears the provisions of the 5 FY2016 Extension of the Higher Education Act: An Overview . students and IHEs in Palau to receive appropriations for and participate in the programs only through the end of FY2015.23 While it appears that P.L. 114-53 may have temporarily extended the provisions of the Compact of Free Association pertaining to students and IHEs in Palau and their eligibility to receive appropriations for and participate in the FSEOG and FWS programs would expire at the end of FY2015, this extension would expire December 11, 2015 without additional legislative action.2024 Higher Education Act Provisions and Authorizations Table 1 presents information on the discretionary authorization of appropriations or mandatory budget authority for HEA programs and activities. For each program, it identifies       the HEA section authorizing the appropriation of funds or providing mandatory budget authority; whether budget authority for these funds is classified as discretionary (D) or mandatory (M); the amount authorized to be appropriated during specified fiscal years; the period or duration for which the authorization of appropriations or mandatory budget authority is provided; whether the authorization provision is extended by GEPA; and for discretionary spending authorizations of appropriations, the amount appropriated for FY2015 under P.L. 113-235;2125 for mandatory programs, budget authority for FY2015.2226 Generally, the provisions are presented in the order in which they appear in the HEA. 18 48 U.S.C. §§1921, et seq. 48 U.S.C. §1924d Finally, unless otherwise noted, the Continuing Appropriations Act of 2016 (P.L. 114-53) provides funds for each provision at the same rate as provided in FY2015, less an across-the-board decrease of less than 1% (0.2108%), through December 11, 2015. 23 48 U.S.C. §1921d(f)(1)(B)(ix), in accordance with Division G, Title III, §306 of the Consolidated and Further Continuing Appropriations Act of 2015 (P.L. 113-235). 2024 Originally, the eligibility to participate in the FSEOG and FWS programs for students and IHEs in Palau was authorized through FY2007. This date has been amended on numerous occasions since then, each time through appropriations legislation. See, for example, Division G, Title III, §306 of the Consolidated and Further Continuing Appropriations Act of 2015 (P.L. 113235). 2125 For information on recent amounts appropriated for individual HEA programs, see CRS Report R43351, The Higher Education Act (HEA): A Primer, by Alexandra Hegji. 2226 Where applicable, mandatory outlaysbudget authority reflect the 7.3% sequester that went into effect October 1, 2014, pursuant to the Budget Budget Control Act of 2011 (P.L. 112-25). For additional information on sequestration, see CRS Report R42972, Sequestration as a Budget Enforcement Process: Frequently Asked Questions, by Megan S. Lynch. 19 c11173008 Congressional Research Service 5 6 . Table 1. Higher Education Act Provisions and Authorizations Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title I: General Provisions Title I, Part B: Additional General Provisions c11173008 National Advisory Committee on Institutional Quality and Integrity §114(f) n/a n/a September 30, 2015 GEPA §422 does not apply n/a Alcohol & Drug Abuse Prevention Grants §120 D IndefinitebIndefinitec FY2014 Extended through FY2015 under GEPA §422 0 College Housing and Academic Facilities Loans Program Account: Federal Administration §121 D Indefinite Permanent n/a 435 College Housing and Academic Facilities Loans Program Account: Reestimate of Existing Loan Subsidies §121 M Indefinite Permanent n/a 0 College Housing and Academic Facilities Loans Liquidating Account §121 M Indefinite Permanent n/a (364) Higher Education Facilities Loans Liquidating Account §121 M Indefinite Permanent n/a (227) College Housing Loans Liquidating Account §121 M Indefinite Permanent n/a (1,176) CRS-6 7 . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title I, Part C: Cost of Higher Education State Higher Education Information System Pilot Program §136 0 Title I, Part D: Administrative Provisions for Delivery of Student Financial Assistance Performance-Based Organization: Student Aid Administrative Functions §141 D Indefinite allocation from amount appropriated under §458. FY2014cFY2014d Extended through FY2015 under GEPA §422 See §458 (below)de Performance-Based Organization §141 D Indefinite Permanent n/a See §458 (below)de D Indefinite FY2011 No 40,592 Title II, Part A: Teacher Quality Partnership Grants Teacher Quality Partnership Grants §209 40,592 Title II, Part B: Enhancing Teacher Education c11173008 Enhancing Teacher Education Grants §230 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Preparing Teachers for Digital Age Learners §230 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 CRS-7 8 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Hawkins Center of Excellence §230 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Teach to Reach Grants §230 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Adjunct Teachers Corps §230 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Graduate fellowships to Prepare Faculty in HighNeed Areas §230 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Program or Activity, by HEA Title and Part Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title III: Institutional Aid Title III, Part A: Strengthening Institutions c11173008 Strengthening Institutions §399(a)(1)(A) D Indefinite FY2014 Extended through FY2015 under GEPA §422 80,462 Tribally Controlled Colleges & Universities (§316) §399(a)(1)(B) D Indefinite FY2014 Extended through FY2015 under GEPA §422 25,662 CRS-8 9 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Alaska Native and Native Hawaiian-Serving Institutions (§317) §399(a)(1)(C) D Indefinite FY2014 Extended through FY2015 under GEPA §422 12,833 Predominantly Black Institutions (§318) §399(a)(1)(D) D 75,000 FY2014 Extended through FY2015 under GEPA §422 9,244 Native American-Serving, Nontribal Institutions (§319) §399(a)(1)(E) D Indefinite FY2014 Extended through FY2015 under GEPA §422 3,113 Asian American and Native American Pacific Islander-Serving Institutions (§320) §399(a)(1)(F) D Indefinite FY2014 Extended through FY2015 under GEPA §422 3,113 Program or Activity, by HEA Title and Part Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title III, Part B: Historically Black Colleges and Universities (HBCUs) c11173008 Historically Black Colleges and Universities (§323) §399(a)(2)(A) D Indefinite FY2014 Extended through FY2015 under GEPA §422 227,524 Historically Black Graduate Institutions (§326) §399(a)(2)(B) D Indefinite FY2014 Extended through FY2015 under GEPA §422 58,840 CRS-9 10 . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) D Indefinite FY2014 Extended through FY2015 under GEPA §422 Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title III, Part C: Endowment Challenge Grants Endowment Challenge Grants §399 0 Title III, Part D: Historically Black College and University Capital Financing Program Federal Administration FCRA, §505(e) D Indefinite Permanent n/a 334 Loan Subsidies §§343(a) & 344(b) D Indefinite Permanent n/a 19,096 Reestimates of Existing Loan Subsidies §§343(a) & 344(b) M Indefinite Permanent n/a 18,240 Title III, Part E: Minority Science and Engineering Improvement Program Minority Science & Engineering Improvement Program (III-E-1) §399(a)(5)(A) D Indefinite FY2014 Extended through FY2015 under GEPA §422 8,971 Programs in STEM Fields: (YES Partnership Grants; Promotion of Entry into STEM Fields) §399(a)(5)(B) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Title III, Part F: Strengthening HBCUs and Other MSIs c11173008 HSI STEM and Articulation Programs §371(b)(2)(B) M 100,000 FY2019 n/aeaf 92,700 HBCUs §371(b)(2)(C)(i) M 85,000 FY2019 n/aeaf 78,795 Predominantly Black IHEs §371(b)(2)(C)(ii) M 15,000 FY2019 n/aeaf 13,905 CRS-10 11 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Budget Authority Classification: Discretionary (D) or Mandatory (M) Contingent Extension of Program or Activity (GEPA) Tribal Colleges and Universities §371(b)(2)(D)(i) M 30,000 FY2019 n/aeaf 27,810 Alaska Native-serving or Native Hawaiian-Serving IHEs §371(b)(2)(D)(ii) M 15,000 FY2019 n/aeaf 13,905 Asian American and Native American Pacific Islander-Serving IHEs §371(b)(2)(D)(iii) M 5,000 FY2019 n/aeaf 4,635 Native American-Serving Nontribal IHEs §371(b)(2)(D)(iv) M 5,000 FY2019 n/aeaf 4,635 Program or Activity, by HEA Title and Part FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title IV: Student Assistance Title IV, Part A: Grants to Students in Attendance at Institutions of Higher Education c11173008 Federal Pell Grants: Base Grants §401(a)(1) D Indefinite FY2017 Extended through FY2018 under GEPA §422 22,475,352 Federal Pell Grants: Mandatory Add-On §401(b)(7)(iii) M Indefinite Permanent n/a 6,079,531 Federal Pell Grants: Mandatory Funding for Discretionary Program Costs §401(b)(7)(iv) M FY2014: FY2015: FY2016: FY2017: FY2018: FY2019: FY2020: FY2021: Future FYs: Permanent n/a 0 CRS-1112 588,000 0 0 1,574,000 1,382,000 1,409,000 1,430,000 1,145,000 1,145,000 22,475,352 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Academic Competitiveness Grants §401A M FY2006: FY2007: FY2008: FY2009: FY2010: TRIO Programs: (Talent Search; Student Support Services; McNair Postbaccalaureate Achievement Program; Education Opportunity Centers) §402A(g) D Indefinite Upward Bound §402C(g)(1) M FY2008: FY2009: FY2010: FY2011: Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) §404H D Federal Supplemental Educational Opportunity Grants (FSEOG) §413A(b) Leveraging Educational Assistance Partnership (LEAP) Grants §415A(b)(1) Program or Activity, by HEA Title and Part c11173008 CRS-13 CRS-12 Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2010 n/a FY2014 Extended through FY2015 under GEPA §422 FY2011 n/a Indefinite FY2014 Extended through FY2015 under GEPA §422 301,639 D Indefinite FY2014 Extended through FY2015 under GEPA §422 733,130 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) 790,000 850,000 920,000 960,000 1,010,000 57,000 57,000 57,000 57,000 FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b 0 839,752 0 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Grants for Access and Persistence (GAP) §415A(B)(2) D Amounts appropriated for LEAP Grants that are in excess of $30,000 in a fiscal year FY2014 Extended through FY2015 under GEPA §422 0 Special Programs for Migrant Students §418A(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 37,474 Robert C. Byrd Honors Scholarship §419K D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Child Care Access Means Parents in School §419N D Indefinite FY2014 Extended through FY2015 under GEPA §422 15,134 Teacher Education Assistance for College and Higher Education (TEACH) Grants §420O M Indefinite Permanent n/a (16,946) Iraq and Afghanistan Service Grants §420R(f) M Indefinite Permanent n/a 340 Program or Activity, by HEA Title and Part Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands) (16,946) 340b Title IV, Part B: Federal Family Education Loan Program c11173008 FFEL Program §421(b) M Indefinite Permanent n/a (3,293,567) FFEL Program Liquidating Account §421(b) M Indefinite Permanent n/a (205,977) CRS-13 14 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Loan Forgiveness for Service in Areas of National Need §428K(h) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Loan Repayment for Civil Legal Assistance Attorneys §428L(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Default Reduction Management §432(n) D Indefinite FY2003 Extended through FY2004 under GEPA §422 0 Program or Activity, by HEA Title and Part Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title IV, Part C: Federal Work-Study Programs Federal Work Study §441(b) D Indefinite FY2014 Extended through FY2015 under GEPA §422 989,728 Off-Campus Community Service §447(b)(4) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Work Colleges §448(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0f0g Indefinite Permanent n/a Title IV, Part D: William D. Ford Federal Direct Loan Program Program Authority c11173008 CRS-15CRS-14 §451(a) M 16,134,351 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Mandatory Funds for FY2006 for Administrative Costs for FFEL and Direct Loan Programs, and Account Maintenance Fees for FFEL Guaranty Agencies §458(a)(1) Student Aid Administration: (administrative costs for FFEL and Direct Loan programs) Account Maintenance Fees for FFEL Guaranty Agencies Program or Activity, by HEA Title and Part Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Contingent Extension of Program or Activity (GEPA) M Not to exceed 820,000 FY2006 n/a §458(a)(3) D Indefinite FY2014 Extended through FY2015 under GEPA §422 §458(a)(4)gh M Indefinite FY2014 n/a 0 0 1,396,924d924e Title IV, Part E: Federal Perkins Loans c11173008 Federal Perkins Loans §461(b)(1) D 300,000 FY2014 Extended through FY2015 under GEPA §422 00i Federal Perkins Loans: (continuation loans) §461(b)(2) D Indefinite FY2020 Extended through FY2021 under GEPA §422 0 Federal Perkins Loans Reimbursement for Loan Cancellation §465(b) D Indefinite Permanent n/a 0 CRS-15 16 . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title IV, Part G: General Provisions Relating to Student Assistance Programs Advisory Committee on Student Financial Assistance §491 D Funded from ED program admin., but not less than $800 October 1, 2015 GEPA §422 does not apply 837837i Regional Meetings and Negotiated Rulemaking §492(d) & Department of Education salaries and expenses account D Indefinite Permanent n/a n/ahaj Authorization of Appropriations for Administrative Expenses §493 D Indefinite Permanent n/a 0 D Indefinite FY2014 Extended through FY2015 under GEPA §422 100,231 Title V: Developing Institutions Title V, Part A: Hispanic-Serving Institutions Hispanic-Serving Institutions §528 Title V, Part B: Promoting Postbaccalaureate Opportunities for Hispanic Americans c11173008 Promoting Postbaccalaureate Opportunities for Hispanic Americans §528 D Indefinite FY2014 Extended through FY2015 under GEPA §422 8,992 Promoting Postbaccalaureate Opportunities for Hispanic Americans §898 M 11,500 FY2014 Extended through FY2015 under GEPA §422i422k 0 CRS-16 17 . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Indefinite FY2014 Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title VI: International Education Programs Title VI, Part A: International and Foreign Language Programs International & Foreign Language Programs §610 D Extended through FY2015 under GEPA §422 65,103 Includes funding for Title VI-B (below)jl Title VI, Part B: Business and International Education Programs Centers for International Business Education §614(a) D Indefinite FY2014 Extended through FY2015 under GEPA §422 See Title VI-A (above)jl Business & International Education Training Programs §614(b) D Indefinite FY2014 Extended through FY2015 under GEPA §422 See Title VI-A (above)jl D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 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 c11173008 CRS-18CRS-17 §637(f) . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title VII: Graduate and Postsecondary Improvement Programs c11173008 Jacob K. Javits Fellowship Program §705 D 30,000 FY2014 Extended through FY2015 under GEPA §422 0 Graduate Assistance in Areas of National Need §716 D 35,000 FY2014 Extended through FY2015 under GEPA §422 29,293 Thurgood Marshall Legal Educational Opportunity Program §721(h) D 5,000 FY2014 Extended through FY2015 under GEPA §422 0 Master’s Degree Programs at HBCUs §725 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Master’s Degree Programs at Predominantly Black Institutions §725 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Master’s Degree Programs at HBCUs and Predominantly Black Institutions §897 M 11,500 FY2014 Extended through FY2015 under GEPA §422i422k 0 CRS-18 19 . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title VII, Part B: Fund for the Improvement of Postsecondary Education Fund for the Improvement of Postsecondary Education §745 D Indefinite FY2014 Extended through FY2015 under GEPA §422 67,775 Title VII, Part D: Programs to Provide Students with Disabilities with a Quality Higher Education c11173008 Demonstration Projects §765 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Model Transition Programs §769(a) D Indefinite FY2014 Extended through FY2015 under GEPA §422 11,800 Demonstration Programs for Improved Access to Materials §775 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 National Technical Assistance Centers; Coordinating Center §778 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 College Access Challenge Grant ProgramkProgramm §781 M 150,000 FY2014 n/akam 0 College Access Challenge Grant ProgramkProgramm §781 D Indefinite FY2014 n/akam 0 CRS-19 20 . Program or Activity, by HEA Title and Part Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands)b Title VIII: Additional Programs c11173008 Part A-Project GRAD §801(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part B-Mathematics and Science Scholars §802(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part C-Business Workforce Partnerships for Job Skill Training §803(k) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part D-Capacity for Nursing Students and Faculty §804(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part E-American History for Freedom §805(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part F-Teach for America §806(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 CRS-20 21 . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Part G-Patsy T. Mink Fellowship §807(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part H-Improving College Enrollment by Postsecondary Schools §808(c) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part I-Early Childhood Education Professional Development §818 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part J-Improving STEM Education with a Focus on Alaska Native and Native Hawaiian Students §819(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part K-Pilot Programs to Increase College Persistence and Success §820(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part L-Student Safety and Campus Emergency Management §821(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part L-Education Disaster and Emergency Relief Loan Program §824(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Program or Activity, by HEA Title and Part c11173008 CRS-22 CRS-21 Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands) b . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Part M-Incentives and Rewards for Low Tuition §830 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part N: Cooperative Education §835 D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part O-College Partnership Grants §841(i) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part P-Jobs to Careers §851(j) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part Q-Rural Development Grants §861(g) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part R-Campus-Based Digital Theft Prevention §871(d) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part S-Training for Realtime Writers §872(e) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Program or Activity, by HEA Title and Part c11173008 CRS-23 CRS-22 Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands) b . Authorization of Appropriations or Mandatory Budget Authority for Program or Activity (HEA section) Budget Authority Classification: Discretionary (D) or Mandatory (M) Amount Authorized to be Appropriated or Mandatory Budget Authority ($ thousands) Period or Duration for Authorization of Appropriations or Mandatory Budget Authority (HEA) Part T-Centers of Excellence for Veteran Student Success §873(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part U-University Sustainability §881(f) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part V-Modeling and Simulation Programs §891(e) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part W-Path to Success Reentry Education Grants §892(g) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part X-School of Veterinary Medicine Competitive Grant Program §893(g) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part Y-Early Federal Pell Grant Commitment Demonstration Program §894(h) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Part Z-Kupuna Memorial Archives §895(c) D Indefinite FY2014 Extended through FY2015 under GEPA §422 0 Program or Activity, by HEA Title and Part c11173008 CRS-24 CRS-23 Contingent Extension of Program or Activity (GEPA) FY2015 Discretionary Appropriation or Mandatory Budget Authoritya ($ thousands) b . Sources: HEA; GEPA §422; U.S. Department of Education, “Department of Education Fiscal Year 2016 President’s Budget Table,” April 29, 2015; U.S. Department of Education, “FY 2016 Department of Education Justifications of Appropriation Estimates to the Congress,” February 3, 2015. Notes: a. For federal credit programs, mandatory budget authority reflects the sum of net loan subsidies, net reestimates of loan subsidies, and net loan modifications, as estimated in accordance with the requirements of the Federal Credit Reform Act of 1990 (FCRA). Also, where applicable, mandatory budget authority reflects the 7.3% sequester that went into effect October 1, 2014, pursuant to the Budget Control Act of 2011 (P.L. 112-25). b. Unless otherwise noted, the Continuing Appropriations Act of 2016 (P.L. 114-53) provides funds for each provision at the same rate as provided in FY2015, less an across-the-board decrease of less than 1% (0.2108%), through December 11, 2015. c. Indefinite authorizations of appropriations provide authorization for “such sums as may be necessary” for the applicable program. cd. The authorization of appropriations under HEA §458, from which funds may be allotted to the PBO is provided through FY2014. de. An amount of $1,396,924,000 was appropriated for HEA Sections 141 and 458, combined. e. f. Authorization to award grants under this program expires at the end of FY2019. f. g. Funding for this program is provided as a set-aside of appropriations under the Federal Work Study program. HEA §441(b). gh. As interpreted and implemented by ED, “The Deficit Reduction Act [P.L. 109-171] shifted the payment of account maintenance fees, authorized under Section 458 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. h. i. Congress did not extend the authorization of or provide additional funding for this program in FY2016. j. Not available. If no funds are appropriated under HEA §492, funds may be made available from amounts appropriated for operations and expenses of the Department of Education. For FY2015, a total of $411 million was provided for Department of Education salaries and expenses. i. k. It appears that under GEPA §422, the authorization of appropriations for this program would have been extended through FY2015. However, as interpreted by ED, this program was not extended through FY2015 by GEPA §422. See, for example, U.S. Department of Education, Fiscal Year 2016 Budget Request, p. S-11. Also, while GEPA §422 extends the authorization of appropriations for an additional fiscal year, it does not appear to make funds available that were not otherwise appropriated. jl. Amounts appropriated include funds appropriated for programs under HEA, Title VI, Part A and Part B. km. Authorization to award grants under this program expired at the end of FY2014. c11173008 CRS-25CRS-24 FY2016 Extension of the Higher Education Act: An Overview . Author Contact Information David P. Smole Specialist in Education Policy dsmole@crs.loc.gov, 7-0624 c11173008 Congressional Research Service Alexandra Hegji Analyst in Social Policy adhegji@crs.loc.gov , 7-8384 2526