The Build Back Better Act (H.R. 5376): Title II Aid to Minority-Serving Institutions

The Build Back Better Act (H.R. 5376): Title II Aid to Minority-Serving Institutions

link to page 2

November 26, 2021
The Build Back Better Act (H.R. 5376): Title II Aid to Minority-
Serving Institutions
On November 19, 2021, the House passed H.R. 5376, the
 Strengthening Predominantly Black Institutions (PBIs);
Build Back Better Act (BBBA), to provide for budget
reconciliation. Title II of the BBBA contains provisions
 Strengthening Asian American and Native American
from the House Committee on Education and Labor to
Pacific Islander-Serving Institutions (AANAPISIs); and
comply with the budget reconciliation directive included in
Section 2002 of Senate Concurrent Resolution 14 (117th
 Strengthening Native American-Serving, Nontribal
Congress). Within Title II, the BBBA would appropriate
Institutions (NASNTIs).
approximately $9 billion for FY2022-FY2026 to support
minority-serving institutions (MSIs) through an existing
Some examples of authorized uses of HEA Title III-F
Higher Education Act (HEA) institutional aid program and
funds, which can vary across programs, are to support
a newly authorized research and development (R&D)
construction, maintenance, and improvement of
infrastructure competitive grant program. Other BBBA
instructional facilities, and the development and
provisions outside of Title II would also support MSIs, but
improvement of academic programs.
to a much lesser extent in terms of total dollars
appropriated. This In Focus discusses the provisions in
For additional information on the MSI programs authorized
BBBA Title II that would support MSIs.
under the HEA, see CRS Report R43237, Programs for
Minority-Serving Institutions Under the Higher Education
Background on Federal Support for MSIs Act, by Alexandra Hegji.
under the Higher Education Act
MSIs are institutions of higher education (IHEs) that serve
BBBA Institutional Aid
high concentrations of minority students, and they tend to
Section 20025 of the BBBA would appropriate $1.2 billion
have relatively low educational and general expenditures
annually for FY2022 through FY2026—in addition to the
and enroll high proportions of financially needy students.
current annual mandatory indefinite appropriations already
Many MSIs have faced challenges in obtaining financial
authorized under HEA Title III-F—for the various HEA
support, affecting their ability to enhance their academic
Title III-F MSI programs. Each Title III-F grant program
offerings and institutional capabilities, which may
would receive a BBBA-specified allocation. Annual
ultimately affect how they serve their students.
mandatory appropriations provided under BBBA Section
20025 would equal about five times the FY2021 mandatory
Title III of the HEA is one of the primary sources of federal
appropriations for each of the HEA Title III-F programs.
support to MSIs. It authorizes several grant programs
administered by the U.S. Department of Education (ED) to
MSIs receiving funding under BBBA Section 20025 would
assist them in strengthening their academic, administrative,
be required to use funds for allowable uses currently
and fiscal capabilities. Under current law, these programs
authorized for the HEA Title III-F programs, as well as to
are available for IHEs that serve high concentrations of
award need-based financial aid (including emergency grants
specified minority student populations, along with
to low-income students enrolled in eligible educational
Historically Black Colleges and Universities (HBCUs).
programs). The BBBA specifies that no individual shall be
Title III-A and Title V authorize annual discretionary
determined by the Secretary of Education (the Secretary) to
appropriations for these programs. Title III-F provides
be ineligible for program benefits (including need-based
additional mandatory indefinite appropriations for many of
aid) “except on the basis of not being a low-income
these grant programs. The programs supported by Title III-
student” enrolled in an eligible program.
F are
Table 1 details current (FY2021) mandatory appropriations
 Strengthening HBCUs;
and BBBA Section 20025 mandatory appropriations for
each of the MSI programs under HEA Title III-F.
 Hispanic-Serving Institutions Science Technology,
Engineering, and Mathematics and Articulation

Programs (HSI STEM);

 Strengthening Tribal Colleges and Universities (TCUs);

 Strengthening Alaska Native and Native Hawaiian-
Serving Institutions (ANNHs);

https://crsreports.congress.gov

link to page 2 link to page 2 The Build Back Better Act (H.R. 5376): Title II Aid to Minority-Serving Institutions

two-year institutions, postsecondary vocational institutions,
or philanthropic organizations), so long as the eligible
Table 1. HEA Title III-F Funding and BBBA Section
school was the lead member and fiscal agent of the
20025 Institutional Aid for MSIs
consortium.
(Dol ars in thousands)
The Secretary would be required to award competitive
BBBA Section
planning grants (not to exceed two years in length) and
HEA Title III-F
20025 (FY2022-
implementation grants (not to exceed five years in length)
Program
(FY2021)a
FY2026)b
to eligible schools. In awarding such grants, the Secretary
would be required to administer separate competitions for
Strengthening
$80,155
$400,044
each of the seven above-described types of MSIs.
HBCUs
HSI STEM
$94,300
$470,640
A school awarded a planning grant would be required to
develop a strategic plan for improving institutional R&D
Strengthening
$28,290
$141,120
infrastructure that would include an assessment of its
TCUs
existing research capacity and R&D infrastructure and a
Strengthening
$14,145
$70,560
description of how it would use a program implementation
ANNHs
grant to increase its research capacity and support R&D
development infrastructure.
Strengthening PBIs
$14,145
$70,596
Strengthening
$4,715
$23,520
A school awarded an implementation grant would be
AANAPISIs
required to use program funds to carry out at least one of
the following activities:
Strengthening
$4,715
$23,520
NASNTIs
 providing for the improvement of existing infrastructure
Source: CRS analysis of HEA Section 371 and H.R. 5376 Section
(including deferred maintenance) or the establishment of
20025.
new physical infrastructure;

a.
hiring and retaining faculty, students, research-related

Reflects final amount available, including spending reductions
pursuant to the Budget Control Act of 2011 (P.L. 112-25).
staff, or other personnel; and

b.
creating and supporting inter- and intra-institutional

Represents annual mandatory appropriations for each of
FY2022-FY2028.
research centers in fields of study for which program
R&D infrastructure funds have been awarded.
BBBA R&D Infrastructure Competitive
Grant Program
BBBA Section 20026 would specify that funds provided
Section 20026 of the BBBA would make a one-time
under it shall be used to supplement, and not supplant, other
federal state, tribal, or local funds that would otherwise be
appropriation of $3 billion to support a newly authorized
used to carry out activities described by it.
competitive grant program to support R&D infrastructure at
eligible MSIs. Schools eligible to participate in the program
The Secretary’s authority to award planning grants under
would be those MSIs eligible for HEA Title III-F funds
the program would expire at the end of FY2025, and his or
(described above) that are four-year institutions and are not
classified as “very high research activity” by the Carnegie
her authority to award implementation grants would expire
at the end of FY2027.
Classification of Institutions of Higher Education. Eligible
schools could also receive grant funds on behalf of a
consortium of eligible and ineligible entities (e.g., schools
Alexandra Hegji, Analyst in Social Policy
classified as “very high research activity” under the
IF11981
Carnegie Classification of Institutions of Higher Education,

https://crsreports.congress.gov

The Build Back Better Act (H.R. 5376): Title II Aid to Minority-Serving Institutions

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11981 · VERSION 1 · NEW