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
October 14, 2015

Congressional Research Service
7-5700
www.crs.gov
R44206

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Summary
 An Overview
    January 28, 2016
            (R44206)
          Jump to Main Text of ReportContentsHigher Education Act Authorization
General Education Provisions Act
Advisory Committees
Other HEA Programs
Authorization and Appropriations Options for Addressing the Expiring HEA Provisions
Explicit Extension
Continued Appropriation of Funds
Continuing Resolutions
FY2016 Appropriations and Extensions
Lapse in Appropriations
The Freely Associated States
Higher Education Act Provisions and Authorizations

      Tables
      Table 1. Higher Education Act Provisions and Authorizations

    
SummaryThe 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. 110315110-315), which authorized most HEA programs through FY2014. Many of the programs with
 HEA 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 ContinuingFY2016 under the Consolidated Appropriations Act, 2016.
 (P.L. 114-113).
    This report identifies provisions under the HEA that were, with GEPA extensions, set to expire at the end of FY2015. It
 also discusses authorization and appropriations options for extending the statutory authorities that
 are scheduled to lapse. These options include an explicit extension of, or an appropriation of
 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 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 FY2016 appropriations and mandatory budget authority.

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  FY2016 Extension of the Higher Education Act: An Overview

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Contents
Higher Education Act Authorization ............................................................................................... 1
General Education Provisions Act............................................................................................. 1
Advisory Committees ......................................................................................................... 2
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 ...................................................................................................... 5
The Freely Associated States..................................................................................................... 5
Higher Education Act Provisions and Authorizations ............................................................... 6

Tables
Table 1. Higher Education Act Provisions and Authorizations ....................................................... 7

Contacts
Author Contact Information .......................................................................................................... 26

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Higher Education Act Authorization

  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. Under P.L. 114-53, the Continuing Appropriations Act, 2016, Congress
From September 30, 2015, through December 18, 2015, Congress provided additional appropriations for many of these programs through December 11, 2015, such that
they will continue operation until that date.1with three consecutive continuing resolutions.1 On December 18, 2015, the Consolidated Appropriations Act, 2016 was enacted (P.L. 114-113), under which Congress provided additional appropriations for many of the HEA programs through FY2016, such that they will continue operation until through September 30, 2016. Additional legislative action must occur for the provisions
extended by P.L. 114-53 to continue beyond December 11, 2015.
 extended by the Consolidated Appropriations Act, 2016 to continue beyond September 30, 2016. 
    Not all authorizations of appropriations in the HEA were set to expire at the end of FY2015FY2014. For some
 HEA programs, authorization of appropriations or mandatory budget authority is permanent,22 while for
 others authorization is provided through a date beyond the end of FY2014.33 For a number of programs,
 the period during which appropriations are authorized to be provided has ended.44 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 had a sunset date (e.g., the end of
 FY2014, the end of FY2015).


    General Education Provisions Act

    The General Education Provisions Act (GEPA)55 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.66 The authorization of
appropriations for such programs in the additional year shall be the same as that for the terminal year of
the program.

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).
3
For instance, mandatory appropriations for various HEA, Title III-A, III-B, and III-F programs (minority-serving institutions
programs) are authorized through FY2019.
4
See HEA §209.
5
20 U.S.C. §§1221, et seq.
6
For more information on GEPA, see CRS Report R41119, General Education Provisions Act (GEPA): Overview and Issues, by
Rebecca R. Skinner and Jody Feder.

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Advisory Committees
 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. Prior to the enactment of P.L. 114-53conclusion of FY2015, 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
7
    Under Section 491(k), the authority for the Advisory Committee for Student Financial
 Assistance (ACSFA) was provided until October 1, 2015.8

8Other HEA Programs

    Congress has not extended or repealeddid not extend or repeal 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—FY2016, under the Consolidated Appropriations Act, 2016—additional legislative action must occur if these expiring provisions are to
 continue beyond December 11, 2015.

September 30, 2016.
    Authorization and Appropriations Options for
 Addressing the Expiring HEA Provisions

    Most HEA provisions that were set to expire at the end of FY2014 had been provided an additional oneyearone-year extension under GEPA. This additional one-year extension terminated 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.9
“9 "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,
7

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.
8
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. 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”).

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 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.”10"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
11
    Extension of the HEA authorization provisions that expired at the end of FY2014 and were extended through GEPA to 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 that 
    Explicit Extension
    For the HEA provisions that, with the GEPA extension, 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.12
12 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 that expired, with the GEPA extension, at  at
the end of FY2015, additional funds could be appropriated for periods beyond FY2015 to ensure a
program’ 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
 previous appropriations acts through FY2015.
, and now through FY2016 under the Consolidated Appropriations Act, 2016.
    While it seems that most of the HEA programs that 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 FY2015.13

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.
13
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
(continued...)
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Continuing Resolutions
 beyond the end of FY2015.13 
    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
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.1515 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
    FY2016 Appropriations and Extensions
    Beginning on September 30, 2015, a variety of measures were taken to provide additional appropriations for federal programs beyond FY2015. First, three CRs were enacted, which, in general, provided 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 through18, 2015.16 Then, on 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...)

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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.”21 This may be especially relevant for programs with a
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
18, 2015 the Consolidated Appropriations Act, 2016 was enacted (P.L. 114-113), under which Congress provided additional appropriations for many of the HEA programs through FY2016. Thus, many of the HEA programs that, under GEPA provisions, were set to expire at the end of FY2015 continued to operate through December 18, 2015, under the various CRs and will continue to operate through FY2016 under the Consolidated Appropriations Act, 2016. 
    Congress did not, however, extend the authorization of or provide additional funding under any of the CRs or the Consolidated Appropriations Act, 2016 for the Advisory Committee for Student Financial Assistance. Because the Advisory Committee for Student Financial Assistance neither received additional funding nor an extension of authorization, it has disbanded and operations ceased immediately upon the expiration of its authorization.17 
Additionally, although Congress did not provide additional funding for the Federal Perkins Loan program under the CRs or the Consolidated Appropriations Act, 2016, it did provide authorization for the continued operation, but not additional appropriations, for the program through separate legislation—the Federal Perkins Loan Program Extension Act of 2015 (P.L. 114-105). Under the act, institutions of higher education may continue to award Perkins Loans to eligible undergraduate students through September 30, 2017 and to eligible graduate and professional students through September 30, 2016. Beyond then, the act specifically prohibits additional appropriations for the program. It also specifies that the automatic one-year extension under GEPA Section 422 will not apply to further extend the program.18

    Lapse in Appropriations
    In the event additional funding is not provided beyond September 30, 2016 for those HEA programs that were funded through the Consolidated Appropriations Act, 2016 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.19 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."20 This may be especially relevant for programs with a 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.21 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 students and IHEs in Palau to receive appropriations for and participate in the programs only through the end of FY2015.22 The various CRs 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, and the Consolidated Appropriations Act, 2016 further extended these provisions through FY2016. However, it appears this extension would expire September 30, 2016 without additional legislative action.23
    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 identifiesthe 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 FY2016 under the Consolidated Appropriations Act, 2016;24 for mandatory programs, budget authority for FY2016.25 
Generally, the provisions are presented in the order in which they appear in the HEA. 
    
      
        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)
          
          
            FY2016 Discretionary Appropriation or Mandatory Budget Authoritya($ thousands) 
          
        
        
          
            Title I: General Provisions
Title I, Part B: Additional General Provisions
National Advisory Committee on Institutional Quality and Integrity
§114(f)
n/a
n/a
September 30, 2016
GEPA §422 does not apply
n/a
Alcohol & Drug Abuse Prevention Grants
§120
D

          
          
            IndefinitebFY2014
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)
Title I, Part C: Cost of Higher Education
State Higher Education Information System Pilot Program
§136
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
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.

          
          
            FY2014cExtended through FY2015 under GEPA §422

          
          
            See §458 (below)dPerformance-Based Organization
§141
D
Indefinite
Permanent
n/a

          
          
            See §458 (below)dTitle II, Part A: Teacher Quality Partnership Grants
Teacher Quality Partnership Grants
§209
D
Indefinite
FY2011
Extended through FY2012 under GEPA §422
43,092
Title II, Part B: Enhancing Teacher Education
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
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 High-Need Areas
§230
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
0
Title III: Institutional Aid
Title III, Part A: Strengthening Institutions
Strengthening Institutions
§399(a)(1)(A)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
86,534
Tribally Controlled Colleges & Universities (§316)
§399(a)(1)(B)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
27,599
Alaska Native and Native Hawaiian-Serving Institutions (§317)
§399(a)(1)(C)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
13,802
Predominantly Black Institutions (§318)
§399(a)(1)(D)
D
75,000
FY2014
Extended through FY2015 under GEPA §422
9,942
Native American-Serving, Nontribal Institutions (§319)
§399(a)(1)(E)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
3,348
Asian American and Native American Pacific Islander-Serving Institutions (§320)
§399(a)(1)(F)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
3,348
Title III, Part B: Historically Black Colleges and Universities (HBCUs)
Historically Black Colleges and Universities (§323)
§399(a)(2)(A)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
244,694
Historically Black Graduate Institutions (§326)
§399(a)(2)(B) 
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
63,281
Title III, Part C: Endowment Challenge Grants
Endowment Challenge Grants
§399
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
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
20,150
Reestimates of Existing Loan Subsidies
§§343(a) & 344(b)
M
Indefinite
Permanent
n/a
0
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
9,648

          
        
        
          
            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
HSI STEM and Articulation Programs
§371(b)(2)(B)
M
100,000
FY2019

          
          
            n/ae93,200
HBCUs 
§371(b)(2)(C)(i)
M
85,000
FY2019

          
          
            n/ae79,220
Predominantly Black IHEs
§371(b)(2)(C)(ii)
M
15,000
FY2019

          
          
            n/ae13,980
Tribal Colleges and Universities
§371(b)(2)(D)(i)
M
30,000
FY2019

          
          
            n/ae27,960
Alaska Native-serving or Native Hawaiian-Serving IHEs
§371(b)(2)(D)(ii)
M
15,000
FY2019

          
          
            n/ae13,980
Asian American and Native American Pacific Islander-Serving IHEs
§371(b)(2)(D)(iii)
M
5,000
FY2019

          
          
            n/ae4,660
Native American-Serving Nontribal IHEs
§371(b)(2)(D)(iv)
M
5,000
FY2019

          
          
            n/ae4,660
Title IV: Student Assistance
Title IV, Part A: Grants to Students in Attendance at Institutions of Higher Education
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
6,028,000
Federal Pell Grants: Mandatory Funding for Discretionary Program Costs
§401(b)(7)(iv)
M

          
          
            FY2014: 588,000FY2015: 0FY2016: 0FY2017: 1,574,000FY2018: 1,382,000FY2019: 1,409,000FY2020: 1,430,000FY2021: 1,145,000Future FYs: 1,145,000
            
          
          
            Permanent
n/a
0
Academic Competitiveness Grants
§401A
M

          
          
            FY2006: 790,000FY2007: 850,000FY2008: 920,000FY2009: 960,000FY2010: 1,010,000
          
          
            FY2010

          
          
            n/a f0

          
        
        
          
            TRIO Programs: (Talent Search; Student Support Services; McNair Postbaccalaureate Achievement Program; Education Opportunity Centers)
          
          
            §402A(g)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
900,000
Upward Bound
§402C(g)(1)
M

          
          
            FY2008: 57,000 FY2009: 57,000FY2010: 57,000FY2011: 57,000
          
          
            FY2011
n/a
0
Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP)
§404H
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
322,754
Federal Supplemental Educational Opportunity Grants (FSEOG)
§413A(b)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
733,130
Leveraging Educational Assistance Partnership (LEAP) Grants
§415A(b)(1)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
0
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
44,623
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
10,928
Iraq and Afghanistan Service Grants
§420R(f)
M
Indefinite
Permanent
n/a
458
Title IV, Part B: Federal Family Education Loan Program
FFEL Program:
Net reestimate and modification of existing loans
§421(b)
M
Indefinite
Permanent
n/a
151,588
FFEL Program Liquidating Account
§421(b)
M
Indefinite
Permanent
n/a
(175,589)
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
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

          
          
            0gTitle IV, Part D: William D. Ford Federal Direct Loan Program
Program Authority:
New net loan subsidy
§451(a)
M
Indefinite
Permanent
n/a
(10,636,808)
Program Authority:
Net reestimate and modification of existing loans
§451(a)
M
Indefinite
Permanent
n/a
0
Mandatory Funds for FY2006 for Administrative Costs for FFEL and Direct Loan Programs, and Account Maintenance Fees for FFEL Guaranty Agencies
§458(a)(1)
M
Not to exceed 820,000
FY2006
n/a
0
Student Aid Administration: (administrative costs for FFEL and Direct Loan programs)
§458(a)(3)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422

          
          
            1,566,967dAccount Maintenance Fees for FFEL Guaranty Agencies

          
          
            §458(a)(4)hM
Indefinite

          
          
            FY2016iExtended through FY2017 under GEPA §422
n/a
Title IV, Part E: Federal Perkins Loans
Federal Perkins Loans to Undergraduate Students
§461(b)(1)(A) & (B)

          
          
            n/aj0
FY2017
n/a
0
Federal Perkins Loans to Certain Graduate and Professional Students
§461(b)(1)(C)

          
          
            n/aj0
FY2016
n/a
0
Federal Perkins Loans Reimbursement for Loan Cancellation
§465(b)
D
Indefinite
Permanent
n/a
0
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

          
          
            n/akRegional Meetings and Negotiated Rulemaking
§492(d) & Department of Education salaries and expenses account
D
Indefinite
Permanent
n/a

          
          
            n/alAuthorization of Appropriations for Administrative Expenses
§493
D
Indefinite
Permanent
n/a
0
Title V: Developing Institutions
Title V, Part A: Hispanic-Serving Institutions
Hispanic-Serving Institutions
§528
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
107,795
Title V, Part B: Promoting Postbaccalaureate Opportunities for Hispanic Americans
Promoting Postbaccalaureate Opportunities for Hispanic Americans
§528
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
9,671
Promoting Postbaccalaureate Opportunities for Hispanic Americans
§898
M
11,500
FY2014

          
          
            Extended through FY2015 under GEPA §422m0
Title VI: International Education Programs
Title VI, Part A: International and Foreign Language Programs
International & Foreign Language Programs
§610
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
65,103

          
        
        
           
          
           
          
           
          
           
          
           
          
           
          
          
            Includes funding for Title VI-B (below)nTitle 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)nBusiness & International Education Training Programs
§614(b)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422

          
          
            See Title VI-A (above)nTitle VI, Part C: Institute for International Public Policy
Institute for International Public Policy
§629
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
0
Title VI, Part D: General Provisions
Science & Technology Advanced Foreign Language Education Grant Program
§637(f)
D
Indefinite
FY2014
Extended through FY2015 under GEPA §422
0
Title VII: Graduate and Postsecondary Improvement Programs
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 §422m0
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
0
Title VII, Part D: Programs to Provide Students with Disabilities with a Quality Higher Education
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 Programo§781
M
150,000
FY2014

          
          
            n/ao0

          
        
        
          
            College Access Challenge Grant Programo§781
D
Indefinite
FY2014

          
          
            n/ao0
Title VIII: Additional Programs
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
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
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
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
Sources: CRS review of HEA; GEPA §422; U.S. Department of Education, "Department of Education Fiscal Year 2016 Congressional Action," December 22, 2015; U.S. Department of Education, "FY 2016 Department of Education Justifications of Appropriation Estimates to the Congress," February 3, 2015.

        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 6.8% sequester that went into effect October 1, 2015), 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 §466(b) states that IHEs were to begin distributing collections on
outstanding Perkins loans received after October 1, 2012. However, ED determined that HEA §461, which authorized
appropriations for Perkins Loan program federal capital contributions through FY2014 and the automatic one-year extension
under GEPA §422 supersede the October 1, 2012, distribution of loan collections provisions. Under ED’s interpretation, the
Perkins Loan program was authorized through FY2014 and then through FY2015 under GEPA §422. For additional information
on the Perkins Loan program, see CRS Report R43959, Status of the Federal Perkins Loan Program: Frequently Asked
Questions, by Alexandra Hegji.
19
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.
21
P.L. 113-46, §118.
22
48 U.S.C. §§1921, et seq.

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Congressional Research Service

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, this extension would expire
December 11, 2015 without additional legislative action.24

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;25 for mandatory programs, budget authority for FY2015.26

Generally, the provisions are presented in the order in which they appear in the HEA. 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).
24
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).
25
For information on recent amounts appropriated for individual HEA programs, see CRS Report R43351, The Higher Education
Act (HEA): A Primer, by Alexandra Hegji.
26
Where applicable, mandatory budget authority reflect the 7.3% sequester that went into effect October 1, 2014, pursuant to the
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.

c11173008

Congressional Research Service

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

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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

Indefinitec

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-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

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.

FY2014d

Extended
through
FY2015 under
GEPA §422

See §458
(below)e

Performance-Based
Organization

§141

D

Indefinite

Permanent

n/a

See §458
(below)e

D

Indefinite

FY2011

No

Title II, Part A: Teacher Quality Partnership Grants
Teacher Quality
Partnership Grants

§209

40,592

Title II, Part B: Enhancing Teacher Education

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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-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

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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-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-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/af

92,700

HBCUs

§371(b)(2)(C)(i)

M

85,000

FY2019

n/af

78,795

Predominantly Black IHEs

§371(b)(2)(C)(ii)

M

15,000

FY2019

n/af

13,905

CRS-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/af

27,810

Alaska Native-serving or
Native Hawaiian-Serving
IHEs

§371(b)(2)(D)(ii)

M

15,000

FY2019

n/af

13,905

Asian American and
Native American Pacific
Islander-Serving IHEs

§371(b)(2)(D)(iii)

M

5,000

FY2019

n/af

4,635

Native American-Serving
Nontribal IHEs

§371(b)(2)(D)(iv)

M

5,000

FY2019

n/af

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

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-12

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

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)b

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-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

0g

Indefinite

Permanent

n/a

Title IV, Part D: William D. Ford Federal Direct Loan Program
Program Authority

c11173008

CRS-15

§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)h

M

Indefinite

FY2014

n/a

0

0

1,396,924e

Title IV, Part E: Federal Perkins Loans

c11173008

Federal Perkins Loans

§461(b)(1)

D

300,000

FY2014

Extended
through
FY2015 under
GEPA §422

0i

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-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

837i

Regional Meetings and
Negotiated Rulemaking

§492(d) &
Department of
Education salaries
and expenses
account

D

Indefinite

Permanent

n/a

n/aj

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 §422k

0

CRS-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)l

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)l

Business & International
Education Training
Programs

§614(b)

D

Indefinite

FY2014

Extended
through
FY2015 under
GEPA §422

See Title VI-A
(above)l

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-18

§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 §422k

0

CRS-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 Programm

§781

M

150,000

FY2014

n/am

0

College Access Challenge
Grant Programm

§781

D

Indefinite

FY2014

n/am

0

CRS-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-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

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

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

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.
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.

    ).
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.
d. 
        c.

    The authorization of appropriations under HEA §458, from which funds may be allotted to the PBO is provided through FY2014.
e. 
        d.

    An amount of $1,396,924,000566,967 was appropriated for HEA Sections 141 and 458, combined.
f.
 
        e.

    Authorization to award grants under this program expires at the end of FY2019.
g. 
        f.

    Authorization to award grants under this program expired at the end of award year (AY) 2010–2011. 
        g.

    Funding for this program is provided as a set-aside of appropriations under the Federal Work Study program. HEA §441(b).
h.  For FY2016, $8,390,000 was provided for Work Colleges.
        h.

    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.
        i.

    In interpreting and implementing this provision, the Department of Education considers the duration of authority specified in HEA, § 458(a)(4) as applying to the authority to pay account maintenance fees from the financing account, notwithstanding that account maintenance fees are part of loan subsidy costs and that the obligation of funds for these fees occurred in fiscal years in which the loan guarantee commitments were made. FFEL program loans were last made during FY2010 
        j.

    The HEA authorizes IHEs to make new Perkins Loans from existing institutional revolving loan funds. No federal budget authority is provided for the program. 
        k.

    Authorization for the Advisory Committee for Student Financial Assistance terminated October 1, 2015. 
        l.

    , p. 56.
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 FY2015FY2016, a total of $411431 million was provided for Department of Education salaries and expenses.
k. 
        m.

    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.
l.
 
        n.

    Amounts appropriated include funds appropriated for programs under HEA, Title VI, Part A and Part B.
m.  
        o.

    Authorization to award grants under this program expired at the end of FY2014.

c11173008

CRS-25

 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

26

 Author Contact Information
[author name scrubbed], Specialist in Education Policy
        ([email address scrubbed], [phone number scrubbed])
      
[author name scrubbed], Analyst in Social Policy
        ([email address scrubbed], [phone number scrubbed])
      

    Footnotes
    
      
        1.
            
         P.L. 114-53 provided continued appropriations through December 11, 2015; P.L. 114-96 provided continued appropriations through December 16, 2015, and P.L. 114-100 provided for continued appropriations through December 22, 2015. The resolutions generally provided funding for applicable programs at the same rate of operations as provided in FY2015, 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).

      

        3.
            
         For instance, mandatory appropriations for various HEA, Title III-A, III-B, and III-F programs (minority-serving institutions programs) are authorized through FY2019.

      

        4.
            
         See HEA §209.

      

        5.
            
         20 U.S.C. §§1221, et seq.

      

        6.
            
         For more information on GEPA, see CRS Report R41119, General Education Provisions Act (GEPA): Overview and Issues, by [author name scrubbed] and [author name scrubbed].

      

        7.
            
         Both of these committees originally were 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.

      

        8.
            
         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. In fact, under the Consolidated Appropriations Act, 2016 Congress extended NACIQI's authorization through September 30, 2016; 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").

      

        10.
            
         GAO Red Book, at 1-21, 1-39.

      

        11.
            
         For further information, see CRS Report R42098, Authorization of Appropriations: Procedural and Legal Issues, by [author name scrubbed] and [author name scrubbed].

      

        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.

      

        13.
            
         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.

      

        14.
            
         For additional information on continuing resolutions, see CRS Report R42647, Continuing Resolutions: Overview of Components and Recent Practices, by [author name scrubbed] and [author name scrubbed].

      

        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.
            
         P.L. 114-53 provided continued appropriations through December 11, 2015. P.L. 114-96 provided continued appropriations through December 16, 2015, and P.L. 114-100 provided for continued appropriations through December 22, 2015. The resolutions generally provided funding for applicable programs at the same rate of operations as provided in FY2015, but subject to a 0.2108% reduction. For additional information, see CRS Report R44214, Overview of the FY2016 Continuing Resolution (H.R. 719), by [author name scrubbed].

      

        17.
            
         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.

      

        18.
            
         For additional information, see CRS Report R44343, The Federal Perkins Loan Program Extension Act of 2015: In Brief, by [author name scrubbed].

      

        19.
            
         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 [author name scrubbed].

      

        20.
            
         P.L. 113-46, §118.

      

        21.
            
         48 U.S.C. §§1921, et seq.

      

        22.
            
         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). 

      

        23.
            
         Originally, the eligibility to participate in the FSEOG and FWS programs for students and IHEs in Palau was authorized through FY2009. 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. 113-235).

      

        24.
            
         For information on recent amounts appropriated for individual HEA programs, see CRS Report R43351, The Higher Education Act (HEA): A Primer, by [author name scrubbed].

      

        25.
            
         Where applicable, mandatory budget authority reflect the 7.3% sequester that went into effect October 1, 2014, pursuant to the 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 [author name scrubbed].

      

  
1.	P.L. 114-53 provided continued appropriations through December 11, 2015; P.L. 114-96 provided continued appropriations through December 16, 2015, and P.L. 114-100 provided for continued appropriations through December 22, 2015. The resolutions generally provided funding for applicable programs at the same rate of operations as provided in FY2015, 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).
3.	For instance, mandatory appropriations for various HEA, Title III-A, III-B, and III-F programs (minority-serving institutions programs) are authorized through FY2019.
4.	See HEA §209.
5.	20 U.S.C. §§1221, et seq.
6.	For more information on GEPA, see CRS Report R41119, General Education Provisions Act (GEPA): Overview and Issues, by [author name scrubbed] and [author name scrubbed].
7.	Both of these committees originally were 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.
8.	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. In fact, under the Consolidated Appropriations Act, 2016 Congress extended NACIQI's authorization through September 30, 2016; 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").
10.	GAO Red Book, at 1-21, 1-39.
11.	For further information, see CRS Report R42098, Authorization of Appropriations: Procedural and Legal Issues, by [author name scrubbed] and [author name scrubbed].
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.
13.	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.
14.	For additional information on continuing resolutions, see CRS Report R42647, Continuing Resolutions: Overview of Components and Recent Practices, by [author name scrubbed] and [author name scrubbed].
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.	P.L. 114-53 provided continued appropriations through December 11, 2015. P.L. 114-96 provided continued appropriations through December 16, 2015, and P.L. 114-100 provided for continued appropriations through December 22, 2015. The resolutions generally provided funding for applicable programs at the same rate of operations as provided in FY2015, but subject to a 0.2108% reduction. For additional information, see CRS Report R44214, Overview of the FY2016 Continuing Resolution (H.R. 719), by [author name scrubbed].
17.	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.
18.	For additional information, see CRS Report R44343, The Federal Perkins Loan Program Extension Act of 2015: In Brief, by [author name scrubbed].
19.	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 [author name scrubbed].
20.	P.L. 113-46, §118.
21.	48 U.S.C. §§1921, et seq.
22.	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).
23.	Originally, the eligibility to participate in the FSEOG and FWS programs for students and IHEs in Palau was authorized through FY2009. 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. 113-235).
24.	For information on recent amounts appropriated for individual HEA programs, see CRS Report R43351, The Higher Education Act (HEA): A Primer, by [author name scrubbed].
25.	Where applicable, mandatory budget authority reflect the 7.3% sequester that went into effect October 1, 2014, pursuant to the 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 [author name scrubbed].