The Higher Education Opportunity Act: Reauthorization of the Higher Education Act

The Higher Education Opportunity Act:
Reauthorization of the Higher Education Act
September 8, 2008
David P. Smole, Blake Alan Naughton,
Jeffrey J. Kuenzi, and Rebecca R. Skinner
Domestic Social Policy Division

The Higher Education Opportunity Act:
Reauthorization of the Higher Education Act
Summary
The Higher Education Act of 1965 (HEA; P.L. 89-329), as amended, authorizes
a broad array of federal student aid programs that assist students and their families
with paying for or financing the costs of obtaining a postsecondary education. The
HEA also authorizes a series of programs that provide federal aid and support to
institutions of higher education. HEA programs are administered by the U.S.
Department of Education (ED).
In the 110^th Congress, the Higher Education Opportunity Act (HEOA; P.L. 110-
315) was enacted to amend, extend, and establish new programs under the Higher
Education Act of 1965 (HEA). In most cases, funding authorization for programs
extended or newly established under the HEOA is provided through FY2014. The
HEOA also makes amendments to a number of other laws. Prior to the enactment
of the HEOA, the last comprehensive reauthorization of the HEA occurred in 1998,
under the Higher Education Amendments of 1998 (P.L. 105-244), which authorized
funding for most HEA programs through FY2003.
Reauthorization of the HEA was considered during the 108^th, 109^th, and 110^th
Congresses. While reauthorization of the HEA was being considered, funding
authorization for HEA programs had been extended under the General Education
Provisions Act (GEPA) and a series of Higher Education Extension Acts. Separate
from bills to reauthorize the HEA, significant changes to several HEA programs were
made under the Higher Education Reconciliation Act of 2005 (HERA; P.L. 109-171),
the College Cost Reduction and Access Act (CCRAA; P.L. 110-84), and the
Ensuring Continuing Access to Student Loans Act of 2008 (ECASLA; P.L. 110-227).
In the first session of 110^th Congress, the Senate passed S. 1642, the Higher
Education Amendments of 2007 (S.Rept. 110-231), to reauthorize the HEA. In the
second session, the House passed H.R. 4137, the College Opportunity and
Affordability Act of 2008 (H.Rept. 110-500). Many of the provisions contained in
either or both the Senate- and House-passed bills were agreed to by House and Senate
conferees in the conference report to H.R. 4137 (H.Rept. 110-803). The House and
the Senate passed H.R. 4137, the Higher Education Opportunity Act, on July 31,

2008. The President signed it into law as P.L. 110-315, on August 14, 2008.

This report begins with a brief overview of the HEA, its organization into
various titles, and the major programs and program requirements specified under
each title. It then identifies and describes selected amendments made to the HEA and
other laws by the HEOA. This report will be updated as warranted.

Contents
Overview of the Higher Education Opportunity Act.......................1
Amendments to the Higher Education Act..............................3
Title I: General Provisions......................................3
Part A: Definitions........................................4
Part B: Additional General Provisions.........................5
Part C: Cost of Higher Education.............................6
Part D: Delivery of Student Financial Assistance.................8
Part E: Lender and Institution Requirements
Relating to Education Loans.............................8
Title II: Teacher Quality Enhancement.............................9
Part A: Teacher Quality Partnership Grants.....................9
Part B: Enhancing Teacher Education........................10
Title III: Institutional Aid......................................11
Part A: Strengthening Institutions............................12
Part B: Historically Black Colleges and Universities.............13
Part C: Endowment Challenge Grants.........................14
Part D: HBCU Capital Financing............................14
Part E: Minority Science and Engineering Improvement Programs..14
Part F: Mandatory Appropriations for Minority-Serving
Institutions ..........................................14
Part G: General Provisions.................................14
Title IV: Student Assistance....................................15
Part A: Grants to Students in Attendance at IHEs................15
Subpart 1: Pell and AC/SMART Grants.......................15
Subpart 2: TRIO and GEAR UP.............................17
Subpart 4: LEAP and GAP.................................19
Other Title IV: Part A Subparts..............................20
Part B: Federal Family Education Loan (FFEL) Program; and
Part D: William D. Ford Federal Direct Loan (DL) Program...20
Part C: Federal Work-Study (FWS) Program...................25
Part E: Federal Perkins Loan Program........................26
Part F: Need Analysis.....................................27
Part G: General Provisions.................................28
Part H: Program Integrity..................................34
Part I: Pilot Parent PLUS Loan Auction Program...............35
Title V: Developing Institutions.................................35
Part A: Hispanic Serving Institutions.........................35
Part B: Postbaccalaureate Opportunities for Hispanic Americans...35
Part C: General Provisions.................................35
Title VI: International Education Programs.........................35
Part A: International Education Programs.....................36
Part B: Business and International Education Program...........36
Part C: Institute for International Public Policy.................36
Part D: General Provisions.................................36

Title VII: Graduate and Postsecondary Improvement Programs.........36
Part A: Graduate Education................................37
Part B: Fund for the Improvement of Postsecondary Education
(FIPSE) ............................................37
Part D: Programs to Provide Students with Disabilities
with a Quality Higher Education.........................38
Part E: College Access Challenge Grant Program................39
Title VIII: Additional Programs.................................40
Additional HEA Programs..................................40
Additional HEOA Programs................................44
Other Provisions of the HEOA......................................44
Title IX: Amendments to Other Laws.............................44
Part A: Education of the Deaf Act of 1986.....................44
Part B: United States Institute of Peace Act....................45
Part C: Higher Education Act Amendments of 1992 and of 1998;
Department of Education Organization Act................45
Part D: Tribally Controlled Colleges or Universities
Assistance Act of 1978; Navajo Community College Act.....45
Part E: Omnibus Crime Control and Safe Streets Act of 1968......45
Part F: Institutional Loan Repayment Assistance Programs........46
Part G: Stevenson-Wydler Technology Innovation Act of 1980....46
Title X: Private Student Loan Transparency and Improvement Act
of 2008.................................................46
Amendments to the Truth in Lending Act......................46
Amendments to the Community Reinvestment Act of 1977........47
Financial Literacy and Education Commission..................47
Title XI: Studies and Reports...................................47
Government Accountability Office...........................47
National Academy of Sciences..............................48
Secretary of Education.....................................48
Appendix A. Authorizations of Appropriations Under the
Higher Education Act, as Amended...............................49
List of Tables
Table 1. Maximum Authorized Federal Pell Grant Award Amounts,
Academic Years 2008-2009 through 2014-2015.....................16
Table A-1. Authorizations of Appropriations Under the
Higher Education Act, as Amended, FY2009-FY2017................50

The Higher Education Opportunity Act:
Reauthorization of the
Higher Education Act
Overview of the Higher Education Opportunity Act
In the 110^th Congress, the Higher Education Opportunity Act (HEOA; P.L.
110-315) was enacted to amend, extend, and establish new programs under the
Higher Education Act of 1965 (HEA; P.L. 89-329). In most cases, funding
authorization for programs extended or newly established under the HEOA is
provided through FY2014. The HEOA also makes amendments to and extends
funding authorization within a number of other laws.
The HEA authorizes a broad array of federal student aid programs that assist
students and their families with paying for or financing the costs of obtaining a
postsecondary education, as well as programs that provide aid to institutions of
higher education (IHEs). The HEA, as amended by the HEOA, is organized into
eight titles. Title I specifies general provisions and definitions for most of the
programs authorized under the HEA. Most of the federal student aid programs are
authorized under Title IV, Student Assistance. Title IV also authorizes programs that
make available services and support to less-advantaged students. In addition,
programs that make available assistance to students pursuing international education
and certain graduate and professional degrees are authorized under Title VI,
International Education Programs and Title VII, Graduate and Postsecondary
Improvement Programs. Programs that make available aid and support to institutions
are authorized under Title II, Teacher Quality Enhancement, Title III, Strengthening
Institutions, and Title V, Developing Institutions. Finally, the HEOA added a new
title, Title VIII, Additional Programs, to the HEA.¹ HEA programs are administered
by the U.S. Department of Education (ED).
The Higher Education Act of 1965 was enacted as P.L. 89-329, on November
8, 1965. Since then, the HEA and its component programs have been amended and
extended numerous times. On several occasions, the HEA has been comprehensively
amended and reauthorized. Prior to the enactment of the HEOA, the last
comprehensive reauthorization of the HEA occurred in 1998, under the Higher
Education Amendments of 1998 (P.L. 105-244), which authorized funding for most
HEA programs through FY2003.² During the period leading up to the enactment of

¹ For additional information on the HEA and its component programs, see CRS Report
RL34214, A Primer on the Higher Education Act, by Blake Alan Naughton.
² See also, the Higher Education Amendments of 1968 (P.L. 90-575), the Higher Education
(continued...)

the HEOA, authorization for HEA programs had been extended for one additional
fiscal year under the General Education Provisions Act (GEPA), and then
incrementally through a series of Higher Education Extension Acts.³
Major amendments to selected HEA programs — particularly those that receive
mandatory funding — have also been made as part of recent budget reconciliation
measures. In the 109^th Congress, the Federal Family Education Loan (FFEL)
program and the William D. Ford Federal Direct Loan (DL) program were amended
and extended under the Higher Education Reconciliation Act (HERA, part of P.L.
109-171).⁴ In the 110^th Congress, the College Cost Reduction and Access Act
(CCRAA; P.L. 110-84) made significant changes to FFEL and DL programs, the
Federal Pell Grant program, and the federal need analysis formula.⁵ Additionally,
in Spring 2008, emergency changes to the federal student loan programs were made
under the Ensuring Continuing Access to Student Loans Act of 2008 (ECASLA; P.L.

110-227).⁶

In the first session of 110^th Congress, the Senate passed S. 1642, the Higher
Education Amendments of 2007 (S.Rept. 110-231), to amend and extend the HEA.
In the second session of the 110^th Congress, the House passed an HEA
reauthorization bill, H.R. 4137, the College Opportunity and Affordability Act of
2008 (H.Rept. 110-500). The two bills contained a number of similar provisions, as
well as many that were unique to each bill.⁷ Many of the provisions contained in
either or both the Senate and House bills were agreed to by House and Senate
conferees in approving the conference report to H.R. 4137 (H.Rept. 110-803). Both
the House and the Senate passed H.R. 4137, renamed as the Higher Education
Opportunity Act, on July 31, 2008; and it was signed into law by the President on
August 14, 2008 (P.L. 110-315).

² (...continued)
Amendments of 1972 (P.L. 92-318), the Higher Education Amendments of 1976 (P.L.
94-482), the Higher Education Amendments of 1980 (P.L. 96-374), the Higher Education
Amendments of 1986 (P.L. 99-498), and the Higher Education Amendments of 1992 (P.L.

102-325).

³ Fourteen 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.

⁴ For additional information about changes made to HEA programs through the HERA, see
CRS Report RS22308, Student Loans and FY2006 Budget Reconciliation, by Adam Stoll.
⁵ For information on changes to HEA programs made under the CCRAA, see CRS Report
RL34077, Student Loans, Student Aid, and FY2008 Budget Reconciliation, by Adam Stoll,
David P. Smole, and Charmaine Mercer.
⁶ For information on the ECASLA, see CRS Report RL34452, Proposals to Ensure the
Availability of Student Loans During an Economic Downturn: A Brief Overview of H.R.

5715 and S. 2815, by David P. Smole.

⁷ For a detailed description of the proposals passed by the Senate in S. 1642, and the House
in H.R. 4137, see CRS Report RL34283, Higher Education Act Reauthorization in the 110^th
Congress: A Comparison of Major Proposals, coordinated by Blake Alan Naughton.

The HEOA is composed of eleven Titles, as identified below.
^!Title I: General Provisions
^!Title II: Teacher Quality Enhancement
^!Title III: Institutional Aid
^!Title IV: Student Assistance
^!Title V: Developing Institutions
^!Title VI: International Education Programs
^!Title VII: Graduate and Postsecondary Improvement Programs
^!Title VIII: Additional Programs
^!Title IX: Amendments to Other Laws
^!Title X: Private Student Loan Improvement
^!Title XI: Studies and Reports
In general, Titles I through VII of the HEOA amend, extend, and authorize new
programs under the corresponding titles of the HEA. Title VIII of the HEOA adds
a new Title VIII to the HEA, which establishes a series of new programs. Together,
the eight titles of the HEA specify program requirements and authorize a wide array
of programs that assist students and their families with paying for or financing the
costs of obtaining a postsecondary education; and also programs that provide aid to
institutions. Titles IX and X of the HEOA primarily make amendments to other
laws; and Title XI establishes requirements for a series of studies and reports.
In general, amendments made under the HEOA to the HEA are effective the
date of enactment (August 14, 2008). However, certain amendments are effective
either prospectively or retroactively. Unless otherwise noted, the amendments
discussed below are effective the date of enactment. Also, unless otherwise noted,
authorizations for the appropriation of funds for discretionary grant programs are
provided for FY2009 through FY2014. See Appendix A for a complete list of
authorizations of appropriations in the HEA, as amended by the HEOA.
The remainder of this report is divided into two parts. The first part is organized
in a manner that corresponds with the organization of the HEA and identifies and
describes amendments the HEOA makes to the HEA. The second part describes
changes the HEOA makes to other laws and the studies and reports it requires.
Amendments to the Higher Education Act
Title I: General Provisions
Title I of the HEA specifies general provisions and definitions that govern most
of the programs authorized by the HEA. It includes many institutional reporting
requirements, important definitions such as that of an “institution of higher
education” (IHE), and authorization of a performance based organization (PBO) to
administer federal student aid within ED. The HEOA adds a new Part E to Title I,
which specifies lender and institution requirements relating to education loans.
Major changes to Title I made under the HEOA are identified and described below.
In addition to these changes to the HEA, § 119 of the HEOA establishes a prohibition

against IHEs using any federal funds awarded under the HEA for lobbying purposes
or to influence grantmaking processes; however, this provision is not added to the
HEA.
Part A: Definitions. Part A of Title I of the HEA is comprised of definitions
that are applicable to certain parts of the act. The HEOA amends a number of
previously existing definitions and adds several new definitions, including
‘authorizing committees,’ ‘critical foreign language,’ ‘distance education,’ ‘diploma
mill,’ ‘early childhood education,’ ‘poverty line,’ ‘universal design,’ and ‘universal
design for learning.’
Changes to the Definition of an Institution of Higher Education. The
HEA contains two definitions of “institution of higher education” (IHE), which are
primarily used to qualify entities as eligible to receive student or institutional
assistance authorized under the act. A general definition of an IHE is specified at
HEA, § 101 and applies for purposes other than Title IV. For purposes of Title IV,
a separate IHE definition is specified at HEA, § 102 (primarily for the purpose of
expanding the definition to include for-profit institutions). Effective July 1, 2010,
the HEOA makes the changes described below to these previously existing
definitions of IHEs. In certain instances, the HEOA incorporates into statute
provisions that had previously been established through regulations promulgated by
the Secretary of Education (hereafter referred to as the Secretary).
Students within the Definition of an IHE. The definition of an IHE is based
in part on the types of students served by an entity. The HEOA explicitly adds home-
schooled students to the types of students who may be considered “regular” students
at an IHE. The amended definition also permits IHEs to admit as regular students
individuals who are dually or concurrently enrolled in the IHE and at a secondary
school.
Types of Institutions within the Definition of an IHE. To the delineated
types of entities that may be considered IHEs, the HEOA explicitly adds graduate-
only institutions, as well as institutions that award a degree that is acceptable for
admission to a graduate or professional degree program (subject to review and
approval by the Secretary).
IHEs Outside of the United States. The provisions in Title I, Part A defining
the eligibility of foreign IHEs to participate in FFEL (Title IV, Part B) are amended
as follows. (Foreign schools are excluded from participating in any other HEA
programs.) Under the pre-HEOA definition, foreign schools, (including in certain
circumstances, proprietary, or for-profit, institutions), were permitted to certify FFEL
program loans for their students who are from the United States. The only foreign
proprietary institutions permitted to participate had been graduate medical schools
and veterinary schools. Effective July 1, 2008, the Title IV definition of IHE is
amended to extend eligibility to participate in the FFEL program to proprietary
foreign nursing schools, contingent on the schools meeting certain requirements.
Elimination of the “90/10 Rule” for Proprietary Institutions from the
Definition of an IHE. To ensure that for-profit institutions do not derive all of their
income from Title IV student aid, the definition of an IHE — prior to enactment of

the HEOA — included a provision that proprietary institutions derive at least 10%
of their revenues from non-Title IV sources. Failure to meet this requirement
resulted in the loss of Title IV eligibility.⁸ The HEOA eliminates the 90/10 rule as
a condition of institutional eligibility by removing it from the Title I, Part A
definition of an IHE; but the HEOA retains the effect of the provision by making it
part of the Program Participation Agreement (PPA) required under Title IV, Part G
(see below).
Part B: Additional General Provisions. Title I, Part B of the HEA
consists of provisions and other requirements that are generally applicable to IHEs
participating in programs authorized by the act. The HEOA amends and restructures
provisions establishing the National Advisory Committee on Institutional Quality and
Integrity (NACIQI), though without significantly altering NACIQI’s purpose of
advising the Secretary on decisions related to recognition of accrediting agencies.
The HEOA also reauthorizes the Drug and Alcohol Abuse Prevention program
established under Title I, Part B and makes the following additional changes.
Sense of Congress Regarding the Rights of Institutions and
Students. The HEOA extends the Protection of Student Speech and Association
Rights provisions with a Sense of Congress statement that the diversity of institutions
and educational missions is a strength of the American higher education system;
IHEs should have different missions and design their academic programs in
accordance with their educational goals; IHEs should facilitate the free and open
exchange of ideas; students should not be intimidated or discouraged from speaking
out; students should not be discriminated against; students should be treated equally
and fairly; and any sanctions imposed on students should be done objectively and
fairly. This provision has commonly been referred to as being similar to an
“academic bill of rights,” although it is significantly different than the Sense of
Congress resolution regarding an academic bill of rights that was introduced in the
House in 2003.⁹
College Planning and Financing Information. The HEOA adds a
number of new requirements to Title I, Part B relating to how students and families
plan for college and what information is available to them to make informed college
selection choices. Provisions include requiring the Secretary to improve the
usefulness and accessibility of department-provided college planning and financial
aid information; collecting and making information available online about federal aid
available from other federal departments and agencies; developing a new website
with federal and state financial aid information for members of the Armed Forces,
veterans, and their dependents; and developing a website that provides financial
assistance information for students interested in science, technology, engineering, and
mathematics (STEM) and which includes both public and private sources of aid.
Other new information-related provisions are described in further detail below.

⁸ For additional information, see CRS Report RL32182, Institutional Eligibility and the
Higher Education Act: Legislative History of the 90/10 Rule and its Current Status, by
Rebecca R. Skinner.
⁹ See H.Con.Res. 318 in the 108^th Congress.

Diploma Mill Information. The HEOA requires the Secretary, working with
other federal agencies, to publish information on identifying and avoiding diploma
mills, which are unaccredited entities that offer degrees, diplomas, or certificates to
individuals for a fee and that require the individual to complete little or no
educational coursework.
IHE Data Reporting Requirements. Within one year of the date of
enactment of the HEOA, the Secretary is required to make publicly available
specified information about institutions, such as data related to student enrollment,
graduation rates, cost of attendance, student aid, and specific services offered by the
institution. Many of the data items that are delineated in the HEOA are currently
collected in some form through the Integrated Postsecondary Education Data System
(IPEDS) or other data collection efforts maintained by ED. However, the HEOA
expands and codifies these data reporting requirements in statute. These new Title
I, Part B reporting requirements are in addition to those added under Title I, Part E
and Title IV, Parts B and D (all related to student loans); and Title IV, Part G (in
general).
Prohibition Against a Federal Student Record Database. The HEOA
provides that, except under specific circumstances, the development, implementation,
or maintenance of a federal database containing the personally identifiable
information of students is prohibited. This prohibition does not apply to systems
necessary for the operation of programs authorized under Titles II, IV, or VII of the
HEA, and that were in use the day before enactment of the HEOA.
State Higher Education Information System Pilot Program. The HEOA
establishes a competitive grant program to support the development of state-level
postsecondary education data systems in up to five states.
Part C: Cost of Higher Education. Title I, Part C of the HEA includes
provisions focused on collecting data on college costs and prices. The HEOA
establishes new requirements under Title I, Part C related to the increasing price of¹⁰
college and universities. (Title VIII, Part M, Low Tuition, described below,
authorizes a new program also related to cost.) The new requirements, which are
generally aiming to address college affordability issues through enhanced
transparency and consumer information are described below.
College Affordability and Transparency Lists. Beginning July 1, 2011,
the Secretary must annually publish six lists related to college affordability, by
institution sector (e.g., public four-year institutions):
^!the 5% of institutions with the highest tuition and fees,
^!the 5% of institutions with the highest net price,

¹⁰ For additional information, see CRS Report RL34224, College Costs and Prices: Issues
for Reauthorization of the Higher Education Act, by Rebecca R. Skinner and Blake Alan
Naughton.

^!the 5% of institutions with the largest percentage increase in tuition
and fees over the last three academic years (unless the increase was
less than $600),
^!the 5% of institutions with the largest percentage increase in net
price over the last three academic years (unless the increase was less
than $600),
^!the 10% of institutions with the lowest tuition and fees, and
^!the 10% of institutions with the lowest net price.
Institutions listed on the third or fourth lists are subject to reporting requirements
related to the reasons for cost increases and steps being taken to reduce costs. The
provision defines the term “net price.”
State Maintenance of Effort. A new state “maintenance of effort” (MOE)
provision is added under Title I, Part C, which requires states to maintain
appropriations for the general operations of public IHEs and student financial aid to
private IHEs in each academic year beginning on or after July 1, 2008, that equal or
exceed the average appropriation over the preceding five years. If a state fails the
MOE test, the Secretary is required to withhold the state’s allotment of funds for the
College Access Challenge Grant Program (Title VII, Part E) “until such State has
made significant efforts to correct such violation.” ED must also report state-level
data related to the percentage change in state spending per full-time equivalent
student enrolled at a public IHE, the percent change in average tuition and fees at
public IHEs, and the percentage change in need-based aid and merit-based aid
provided by the state.
Institution Pricing Summary and Net Price Calculator. The Secretary
is required to add an institution pricing summary page to the College Navigator
website, to be updated annually, and which must include data on tuition and fees, net
price, and the average annual percentage change and average annual dollar change
in tuition and fees and net price. In addition, ED must develop a net price calculator
that would enable current or prospective students to estimate their net price of
attendance at an institution. IHEs are subsequently required to make a net price
calculator available to current and prospective students. ED must also develop a
multi-year tuition and fees calculator to enable students to determine a nonbinding
estimate of the price of a postsecondary education for the normal duration of an
undergraduate or graduate program.
Textbook Prices. The HEOA established a series of new provisions under
Title I of the HEA that affect textbook publishers. Effective July 1, 2010, publishers
must provide faculty members with various information about textbooks, including
price information and copyright dates of previous editions. Also, except under certain
circumstances, textbook publishers must “unbundle” materials, making textbooks,
and each supplement to a textbook, available as a separate item. Institutions must
publish in online course pre-registration and registration materials information about
all required texts that will be used in the class, as well as the retail price of course
materials. Finally, IHEs must provide to any college bookstore, upon request, its
course schedule, required or recommended materials for each course, and course
enrollment information.

In-state Tuition for Active Duty Servicemembers and Families.
HEOA amendments that take effect July 1, 2009, require states to provide members
of the Armed Forces on active duty, their spouses, and their dependent children with
in-state tuition at public institutions if they are domiciled or stationed on permanent
duty within the state for more than 30 days. States must also allow such individuals
to continue to pay in-state tuition if they are continuously enrolled, even if the
member’s permanent duty station is relocated outside of the state. No federal funds
are made available to assist states in complying with this requirement; and no
penalties are specified for non-compliance.
Part D: Delivery of Student Financial Assistance. The HEOA includes
technical and other minor amendments to provisions concerning the Performance-
Based Organization which administers Title IV student financial aid programs.
Part E: Lender and Institution Requirements Relating to Education
Loans. A new Title I, Part E establishes disclosure and reporting requirements
which are applicable to lenders and IHEs with respect to federal student loans made
under Title IV and private education loans. The newly established reporting and
disclosure requirements are summarized below.
Loan Disclosure and Reporting Requirements for Institutions.
Institutions participating in preferred lender arrangements, in which the IHE
recommends, promotes, or endorses the education loan products of certain lenders,
must disclose on their websites and in informational materials: the maximum amount
of Title IV grant and loan aid available to students; detailed information about the
terms and conditions of loans; and that under the FFEL program, the institution is
required to process applications to obtain a loan from any eligible lender. In addition,
institutions must provide prospective borrowers of private education loans with the
information required to be disclosed under § 128(e) of the Truth in Lending Act (see
Title X, below); inform them that they may qualify for federal student aid under Title
IV; and inform them that the terms and conditions of federal student loans may be
more favorable than the terms and conditions of private education loans.
Disclosure and Certification Requirements for Lenders. Lenders of
federal student loans must disclose to borrowers written information about the terms
and conditions of loans at or prior to disbursement. Lenders of private education
loans are required to disclose to borrowers, detailed information on the terms and
conditions of private education loans. In addition, lenders of FFEL program loans
are required to disclose to the Secretary, information on expenses paid to institutions;
and must annually certify their compliance with the requirements of the HEA.
Model Disclosure Form. Not later than 18 months after the date of
enactment, the Secretary, in coordination with the Board of Governors of the Federal
Reserve System, is required to determine the minimum information that entities
participating in preferred lender arrangements must make available to borrowers.
Subsequently, they must develop a model disclosure form that may be used by IHEs
and lenders for purposes of disclosing information about FFEL and DL program
loans and private education loans to prospective borrowers.

Self-Certification Form for Private Education Loans. The Secretary,
in consultation with the Board of Governors of the Federal Reserve System, is
required to develop a self-certification form for private education loan applicants.
Individuals applying for private education loans must complete and sign the form,
using information available from the financial aid office of their IHE. Applicants
must enter the following on the self-certification form: (1) cost of attendance (COA);
(2) expected family contribution (EFC); (3) estimated financial assistance (EFA); (4)
COA minus EFA; and (5) EFC, plus the difference between COA and EFA.
This form must also disclose to loan applicants (1) that the applicant may
qualify for federal, state, or institutional aid in addition to a private education loan,
(2) that the applicant is encouraged to discuss the availability of federal, state, and
institutional aid with the financial aid office, (3) that a private education loan may
affect the applicant’s eligibility for federal, state, or institutional aid, and (4) that the
information the applicant is required to provide on the form is available from the
financial aid office.
Title II: Teacher Quality Enhancement
Title II of the HEA authorizes grants for improving teacher education programs,
strengthening teacher recruitment efforts, and providing training for prospective
teachers. This title also includes the reporting requirements for states and IHEs
regarding the quality of teacher education programs. Amendments made to Title II
under the HEOA include the following.
Part A: Teacher Quality Partnership Grants. Part A of Title II
authorizes grants for improving teacher education programs, strengthening teacher¹¹
recruitment efforts, and providing training for prospective teachers. Prior to the
HEOA, 45% of Title II, Part A funds were to be used to award State grants, and 10%
were to be used to award Recruitment grants; however, this requirement had been
overridden in recent years by language passed through appropriations legislation and
ED had not awarded a new State grant since FY2005, nor a new Recruitment grant
since FY2007. Under the HEOA amendments, both the State Grant and Recruitment
Grant programs are eliminated, and 100% of Title II, Part A funds are authorized for
the Partnership Grant program. Amendments made by the HEOA to the Partnership
Grant program include the following.
Changes to Eligible Partnerships. Prior to the HEOA, under the
Partnership Grant program, an eligible partnership included three entities: a “partner
institution,” a “school of arts and sciences” at a higher education institution, and a
“high need local educational agency” (LEA). The HEOA amends the definition of
an eligible partnership to require two additional partners (1) either a “high-need
school” or “high-need early childhood education program,” and (2) a “school,
department, or program of education…within a 4-year institution.” The definition
of a high-need LEA is amended to require the LEA to serve either (a) not less than

¹¹ For additional information, see CRS Report RL31882, Teacher Quality Enhancement
Grants (Title II, Part A of the Higher Education Act): Overview and Reauthorization Issues,
by Jeffrey J. Kuenzi.

20%, or (b) not fewer than 10,000 children who are from families below the poverty
line. The definition of a “partner institution” is amended to include two-year IHEs
that offer a dual program with a four-year institution.
New Uses of Partnership Grant Funds. Prior to the HEOA, Partnership
grantees were required to use their funds for program reforms, clinical experience,
and professional development; and allowable uses included parental involvement,
dissemination and coordination, leadership skills, and teacher recruitment. Under the
HEOA, Partnership Grant funds are authorized to be used for either a
Pre-Baccalaureate Preparation program, a Teacher Residency program, or both.
Funds may also be used for a Leadership Development program, but only in addition
to one of these other two uses. Activities authorized by the HEOA amendments are
described below.
Pre-Baccalaureate Preparation Program. The HEOA specifies a variety of
activities to be carried out under a Pre-Baccalaureate program which are similar to
the use of funds under the prior Partnership Grant program. The act describes (in
much greater detail than in previous law) how program funds for a Pre-Baccalaureate
program must be used for program reforms, clinical experience, induction, early
childhood education, recruitment, and literacy training. Program funds may also be
used for a variety of other activities including “performance-based pay” for teachers
who participate as mentors.
Teacher Residency Program. A new Teacher Residency program is
established under which recent college graduates and mid-career professionals (who
are not teaching) may receive a one-year stipend to obtain graduate-level teacher
training in exchange for agreeing to serve three years in a high-need school
immediately upon completion of the program.
Leadership Development Program. A new Leadership Development
program is established to prepare students for careers as superintendents, principals
or other school administrators, as well as to support activities that promote strong
leadership skills among other mandatory activities.
Other Partnership Grant Amendments. The HEOA amends several
administrative and other partnership grant requirements. The act increases the non-
Federal funds matching requirement for Partnership grants from 25-50% to 100%.
The HEOA enhances the reporting requirements for States and teacher preparation
programs, including a required Report Card (with specified data requirements) from
all programs that enroll students receiving Federal assistance under the HEA for both
traditional programs as well as those that employ alternative routes to state
certification.
Part B: Enhancing Teacher Education. Prior to the amendments made
by the HEOA, Title II, Part B authorized a program for Preparing Tomorrow’s
Teachers to Use Technology. The HEOA eliminates this program and establishes
five new programs.
Subpart 1, Preparing Teachers for Digital Age Learners. The HEOA
amendments establish a program called Preparing Teachers for Digital Age Learners,

authorizing the Secretary to award competitive grants to or enter into contracts or
cooperative agreements with consortia to (1) prepare graduate teacher candidates to
use modern information, communication, and learning tools; (2) strengthen and
develop partnerships in the field of teacher preparation to ensure technology-rich
teaching and learning environments; and (3) assess the effectiveness of IHEs in
preparing teachers to implement technology-rich teaching and learning environments.
Subpart 2, Hawkins Centers of Excellence. The HEOA amendments
establish a program called Honorable Augustus F. Hawkins Centers of Excellence,
authorizing the Secretary to awards competitive grants to eligible minority-serving
institutions to ensure that current and future teachers are highly qualified. Grantees
are to use funds to support activities similar to those supported under the Title II, Part
A programs.
Subpart 3, Teach to Reach Grants. The HEOA amendments establish a
program called Preparing General Education Teachers to More Effectively Educate
Students With Disabilities, authorizing the Secretary to award Teach to Reach
competitive grants to eligible partnerships to improve the preparation of general
education teacher candidates’ ability to instruct students with disabilities in general
education classrooms.
Subpart 4, Adjunct Teacher Corps. The HEOA amendments establish a
program called Adjunct Teacher Corps, authorizing the Secretary to award
competitive grants to eligible entities to identify, recruit, and train qualified
individuals with subject matter expertise in mathematics, science, or critical foreign
languages to serve as adjunct content specialists in schools that have a shortage of
such expertise.
Subpart 5, Graduate Fellowships to Prepare Faculty in High-Need
Areas. The HEOA amendments establish a program called Graduate Fellowships
to Prepare Faculty in High-Need Areas at Colleges of Education, authorizing the
Secretary to award competitive grants to eligible IHEs to provide fellowships to
graduate students preparing to become education professors who will prepare highly-
qualified teachers in STEM, special education, or limited English proficient
education. Those receiving a fellowship must fulfill a service agreement by teaching
one year in a teacher preparation program for each year in which they received a
fellowship.
Title III: Institutional Aid
Titles III and V are the primary sources of institutional support authorized by the¹²
HEA, including support for minority-serving institutions (MSIs). Both titles award
grants to IHEs to strengthen their academic, administrative, and financial capabilities.
Title III, Part A includes provisions for IHEs that serve large numbers of needy
students, Tribally Controlled Colleges and Universities (TCCUs), and Alaska Native
and Native Hawaiian-Serving Institutions (ANNHSIs); and Title III, Part B

¹² For additional information, see CRS Report RL31647, Title III and Title V of the Higher
Education Act: Background and Reauthorization Issues, by Charmaine Mercer.

establishes programs to support Historically Black Colleges and Universities
(HBCUs) and Historically Black Graduate Institutions (HBGIs). Title V authorizes
funds for Hispanic-Serving Institutions (HSIs); and Titles II, VI, VII, and VIII
authorize other MSI programs (see below).¹³
Part A: Strengthening Institutions. Title III, Part A provides grants to
eligible IHEs to support a variety of activities, including improving facilities, faculty
development, curriculum development, student services, and others. Prior to passage
of the HEOA, this part included three programs: Strengthening Institutions (for IHEs
serving needy students), TCCU, and ANNHSI. The act amends the allowable uses
of funds for these programs and establishes three new MSI programs, which are
described below.¹⁴
Predominantly Black Institutions. The HEOA establishes a new Title III,
Part A program authorizing the Secretary to award grants to Predominantly Black
Institutions (PBIs). Unlike HBCUs, which are institutions founded during the era of
segregation with a mission of educating black students, PBIs are defined as colleges
and universities without a specific historical mandate to enroll African Americans,
but whose student populations are now over 40% black. Although other programs
under Title III, Part A define institutional eligibility criteria collectively under §

312(b),¹⁵ the PBI program establishes its own criteria. To be eligible for a PBI grant,

IHEs must be accredited (or making progress toward accreditation); be legally
authorized by the state to grant undergraduate degrees; not be an HBCU or HSI;
enroll at least 1,000 undergraduates (half of which must be in degree programs); and
have expenditures per student that are low compared to similar IHEs. In addition,
PBIs must meet a two-part test for enrolling underprivileged students: (1) at least
50% of students must receive Pell Grants, come from a family receiving means-tested
federal benefits, attend a high school meeting certain criteria under Title I of the
Elementary and Secondary Education Act (ESEA), or be first-generation college
students; and (2) at least 50% of students must be either from low-income families

¹³ Related MSI programs added or amended by the HEOA, but in parts other than Title III,
Part A, include the following: Title II, Part B authorizing teacher education program support
for MSIs; Title VI, Part C authorizing international affairs program support for MSIs; Title
VII, Part A authorizing master’s degree program support for HBCUs and PBIs; and Title
VIII, Part G authorizing STEM program support for ANNHSIs.
¹⁴ Although the HEOA establishes three new programs under Title III, Part A, the CCRAA
already provided mandatory appropriations for institutions serving these populations. The
HEOA moves the CCRAA mandatory appropriations for MSIs from Title IV, Part J to Title
III, Part F, and retains the definitions and grant criteria as separate from the Title III, Part
A definitions and criteria.
¹⁵ Under § 312(b), IHEs must have expenditures per student that are low compared to similar
IHEs; be legally authorized by the state to award undergraduate degrees; be accredited (or
making progress toward accreditation); and enroll needy students — defined as either
having a student body in which at least half receive Title IV financial aid or in which more
than an average number (compared to similar IHEs) receive Pell Grants. Under Title III,
Part B, eligibility for the HBCU program is defined in § 322, and is based on being
established prior to 1964 for the purpose of educating Black Americans. Specific
institutions eligible for the HBGI program are delineated in § 326(e).

(earning less than 150% of the Census definition of poverty) or be first generation
college students.
PBI grants may be used for activities similar to those authorized under other
Title III Part A programs. Additional uses of funds include academic instruction,
enhancing teacher education, academic outreach to elementary and secondary
students, and contributions on a matching basis towards an endowment fund. Grants
are to be divided among eligible IHEs based on a number of factors, for a minimum
grant of $250,000.
Native American-Serving, Nontribal Institutions. The HEOA
establishes a new Title III, Part A program to support Native American-Serving,
Nontribal Institutions (NASNIs). NASNIs are defined as IHEs that enroll more than
10% Native American students and meet HEA, § 312(b) eligibility requirements, but
are not TCCUs, and are not receiving funds under any other Title III or Title V
program. Grants are generally to be used to improve and expand capacity to serve
Native Americans and low-income students; and are for a minimum of $200,000.
Asian American and Native American Pacific Islander-Serving
Institutions. The HEOA establishes a new Title III, Part A program to support
Asian American and Native American Pacific Islander-Serving Institutions
(AANAPISIs). AANAPISIs are defined as IHEs enrolling more than 10% Asian¹⁶
American or Native American Pacific Islander students, must meet HEA, § 312(b)
eligibility requirements, must not be TCCUs, and must not be receiving funds under
any other Title III or Title V program. Grants are generally to be used to improve and
expand capacity to serve the targeted students and low-income students.
Part B: Historically Black Colleges and Universities. Title III, Part B
of the HEA authorizes assistance to HBCUs and HBGIs. The HBCU program
provides formula grants to eligible IHEs that were founded prior to 1964 to educate
African Americans, to be used for similar purposes as Title III, Part A grants. The
HEOA lowers the minimum allotment to HBCUs to $250,000 from $500,000. In
order to receive a grant, the amendments require HBCUs to have enrolled Pell Grant
recipients, to have students successfully graduate, and to have alumni attending
graduate programs in which black students are underrepresented.
Historically Black Graduate Institutions. Also under Title III, Part B, the
HBGI program provides assistance to eligible institutions to increase the number of
African Americans in certain professional fields. The HEOA adds six IHEs to the
specified list of institutions eligible to receive HBGI grants under HEA, § 326.¹⁷
Hold harmless provisions, however, protect funding for the previously included 18
IHEs, and only funding above that aggregate amount may be awarded to the newly
added IHEs. No IHEs may receive HBGI grants while also receiving grants under

¹⁶ Native American Pacific Islanders are defined as native aboriginal people of Pacific island
territories and possessions of the United States.
¹⁷ The added institutions are Alabama State University, Prairie View A&M University,
Delaware State University, Langston University, Bowie State University, and the University
of the District of Columbia David A. Clarke School of Law.

the new Title V, Part B HSI graduate program or the new Title VII, Part A HBCU
and PBI master’s degree programs.
Part C: Endowment Challenge Grants. While the program has not been
funded since FY1995, Title III, Part C authorizes a grant program for IHEs eligible
for Title III programs to assist them in increasing their endowments. Endowment
Challenge Grants award amounts are increased by the HEOA, with the minimum
raised from $50,000 to $100,000, and the maximum raised from $500,000 to
$1,000,000.
Part D: HBCU Capital Financing. Title III, Part D authorizes a program
which provides federal insurance for bonds issued to support capital financing
projects at HBCU, up to a maximum outstanding principal and interest limit. Under
the HEOA amendments, maximum amounts for capital programs are increased, with
the total federal bonding authority raised to $1.1 billion. The HEOA makes other
technical amendments to this program, including changes to the membership of the
HBCU Capital Financing Advisory Board.
Part E: Minority Science and Engineering Improvement Programs.
The HEOA adds two new programs as a second subpart of Title III, Part E. (The first
subpart authorizes the Minority Science and Engineering Improvement Program.)
First, the purpose of the new YES Partnerships Grant Program is to encourage
elementary and secondary minority students to pursue careers in science, technology,
engineering, and mathematics (STEM) fields. Grants are for a minimum of $500,000
and must be matched by non-Federal funds. Under the second program, the Secretary
is authorized to enter into a contract for Promotion of Entry into STEM Fields.
Part F: Mandatory Appropriations for Minority-Serving Institutions.
The Strengthening Historically Black Colleges and Universities and Other Minority-
Serving Institutions program, established at Title IV, Part J, under the CCRAA,
provides mandatory appropriations for programs supporting MSIs. The HEOA
redesignates these programs under Title III, Part F, of the HEA,¹⁸ and in so doing
eliminates the eligibility of for-profit IHEs to participate.¹⁹ Also, the HEOA adds
new mandatory appropriations to support master’s degree programs at HBCUs and
PBIs under Title VIII, Part AA (discussed under Title VIII, below). Mandatory
appropriations to MSIs are shown in Appendix A.
Part G: General Provisions. The HEOA provides the Secretary waiver
authority in relation to Title III programs for IHEs affected by the Gulf Coast
Hurricanes of 2005. The act also increases authorizations of appropriations for Title
III programs through FY2014. Note that these discretionary authorizations are in
addition to the mandatory appropriations; both are shown in Appendix A.

¹⁸ Conforming amendments retained the definitions of PBIs, NASNIs, and AANAPISIs
under Title III, Part F. These institutional categories are separately defined under new
programs established by the HEOA under Title III, Part A.
¹⁹ In general, for-profit IHEs are only eligible to participate in programs under Title IV of
the HEA.

Title IV: Student Assistance
Programs authorized under Title IV are the primary source of federal aid to
support postsecondary education. The largest Title IV student aid programs are the
Pell Grant program, authorized under Part A; and the FFEL and DL programs,
authorized under Part B, and Part D, respectively. Title IV, Part A also authorizes
the Academic Competitiveness (AC) Grant and National Science and Mathematics
Access to Retain Talent (SMART) Grant programs, the federal TRIO programs and
the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR
UP), the Federal Supplemental Educational Opportunity Grant (FSEOG) program,
and the Leveraging Educational Assistance Partnership (LEAP) program. The
Federal Work-Study (FWS) program is authorized under Part C, and the Federal
Perkins Loan program is authorized under Part E. Rules for need analysis are
specified in Part F. General provisions relating to student assistance, and
requirements for program integrity are specified under Part G, and Part H,
respectively. The parent PLUS Loan pilot auction program is authorized under Part
I. Amendments made by the HEOA to Title IV of the HEA are described below.
Part A: Grants to Students in Attendance at IHEs. Title IV, Part A
authorizes numerous grant programs for students who attend eligible institutions
participating in Title IV programs; and also authorizes federal early outreach and
student services programs.
Subpart 1: Pell and AC/SMART Grants. The Federal Pell Grant program
is the single largest source of grant aid for postsecondary education attendance²⁰
funded by the federal government. The AC/SMART grant programs provide
additional aid to certain Pell-eligible students.²¹
Federal Pell Grant Program. The CCRAA amended and reauthorized the
Federal Pell Grant Program. The CCRAA amendments provided mandatory
appropriations to (1) eliminate the tuition sensitivity provision and (2) provide
additional funding for Pell Grant awards through 2017, as shown in Appendix A.
Under the HEOA, the Pell program is further amended as described below. Note that
the HEOA also authorizes an Early Federal Pell Grant Commitment Demonstration
Program under Title VIII, Part Y, which is described in a separate section below.
Maximum and Minimum Pell Grant Awards. Under the HEOA amendments,
the maximum authorized Pell Grant award amounts²² are established as $6,000 for

²⁰ For additional information, see CRS Report RL31668, Federal Pell Grant Program of the
Higher Education Act: Background and Reauthorization, by Charmaine Mercer.
²¹ For additional information, see CRS Report RL33457, Academic Competitiveness Grants:
Background, Description, and Selected Issues, by Charmaine Mercer.
²² It is important to distinguish the maximum authorized Pell Grant award amount from the
maximum appropriated award amount. The authorizing committees authorize a target
maximum Pell Grant award amount in the HEA, whereas the appropriations committees
establish actual maximum Pell Grant award amounts as part of annual appropriations
measures. In most years, the maximum appropriated award amount has been less than the
(continued...)

AY2009-2010, and maximum award amounts increase incrementally to $8,000 for
AY2014-2015, as shown in Table 1, below. The authorized maximum represents
discretionary appropriations and does not count mandatory add-ons to grants that
were included in the CCRAA. The mandatory add-on has the effect of increasing the
maximum Pell award, but only for those students who qualify for the maximum
discretionary appropriated award amount; these amounts are also shown in Table 1.
In addition, the minimum Pell Grant award amount is changed from $400, to 10% of
the appropriated maximum award amount, with a “bump” for students who would
otherwise qualify for at least 5% of the appropriated maximum award amount to
receive 10% instead. For example, if for FY2009, the AY2009-2010 appropriated
maximum Pell Grant were to be $5,000, then the minimum grant would be $500, and
any student who qualifies for an award amount between $250 and $499, would
receive $500.
Table 1. Maximum Authorized Federal Pell Grant Award
Amounts, Academic Years 2008-2009 through 2014-2015
^A^p^p^r^op^ri^ated^{Authorized ($)}
^($)
^2008-09^2009-10^2010-11^2011-12^2012-13^2013-14^2014-15
^Dⁱ^s^c^retⁱ^oⁿ^a^ry^4,241^6,000^6,400^6,800^7,200^7,600^8,000
^Man^d^at^ory⁴⁹⁰⁴⁹⁰⁶⁹⁰⁶⁹⁰^1,090⁰⁰
^T^o^tal⁴^,731^6,490^7,090^7,490^8,290^7,600^8,000
^Source:^C^o^m^pⁱ^l^e^{d by}^C^R^S^,^f^r^om^t^h^{e H}^E^O^A^an^{d t}^h^{e C}^C^R^A^A^.
^No^te^:^Fⁱ^sc^a^l^y^{ear appropriation}^s^f^uⁿ^d^th^{e s}^u^cceediⁿ^g^academ^{ic y}^{ear g}^r^an^ts^{. F}^o^{r ex}^am^{ple, F}^Y²⁰⁰⁸
^f^uⁿ^d^s^Federal^P^e^ll^Gran^ts^f^o^{r A}^Y^2008-^{2009. Elig}^ibility^f^o^r^{a Federal P}^e^{ll Gran}^{t is}^calcu^lated
^b^a^se^d^up^oⁿ^the^dⁱ^sc^r^e^tio^na^r^y^a^p^p^r^o^p^r^ia^te^d^gr^aⁿ^t^e^s^t^a^b^lishe^d^a^nnua^lly^{in a}^p^p^r^o^p^r^ia^tio^{ns b}^ills.^Fo^r
^A^Y^2008-^{2009 t}^h^ro^{ugh A}^Y^2012-^{2013, i}^f^a^st^uden^t^qu^alⁱ^fⁱ^e^s^f^o^{r t}^h^{e m}^a^xⁱ^m^u^m^di^s^c^retⁱ^oⁿ^a^ry
^ap^p^r^o^p^r^iated^g^r^an^{t, th}^{e m}^aⁿ^d^ato^r^y^am^o^uⁿ^t^f^o^r^th^{at y}^ear^{is aw}^ar^d^e^dⁱⁿ^ad^d^itioⁿ^.
Year-Round Pell Grants. Effective July 1, 2009, eligible students may
receive so-called “year-round Pell Grants” as a result of the Secretary being
authorized to award a second Pell Grant to students during a single award year. For
example, the additional Pell Grant award may support a summer term in addition to
the regular academic year. To qualify, students must be enrolled on at least a half-
time basis in either an associate’s or bachelor’s degree program.
Ineligibility as a Result of Involuntary Civil Commitment. In addition to a
previously existing provision making individuals serving in a federal or state
penitentiary ineligible for Pell Grants, the HEOA eliminates eligibility for individuals
serving in involuntary civil commitment centers. (These centers are used by some
states as an alternative to prison for sexual offenders.)

²² (...continued)
maximum authorized award amount.

Maximum Duration of Eligibility. The HEOA amendments introduce duration
of eligibility limitations for Pell Grants. Effective for students who receive their first
Pell Grant on or after July 1, 2008, cumulative Pell Grant eligibility is limited to 18
full-time semesters (or the equivalent).
Auto-Zero EFC for Individuals Whose Parent or Guardian Died in a
Post-9/11 War Zone. Effective July 1, 2009, individuals who were under 24 years
of age, or were enrolled at an IHE, at the time their parent or guardian died while
serving in the armed forces of the United States in Iraq or Afghanistan, after
September 11, 2001, are assigned an automatic $0 expected family contribution
(auto-zero EFC), for the entirety of the period they are eligible for a Pell Grant. An
auto-zero EFC would make a student eligible for a maximum Pell Grant award. It
appears that the assignment of an auto-zero EFC to such individuals will also
increase their eligibility for other forms of Title IV aid as well.
AC/SMART Grants. The American Competitiveness Grant program makes
available two award types to students who are eligible for Pell Grants and who meet
certain academic requirements: AC Grants for first- and second-year undergraduates
who have completed a rigorous secondary school program; and National SMART
Grants for third- fourth-, and certain fifth-year undergraduates majoring in certain
fields of science, mathematics, or a critical foreign language. The HEOA amends the²³
AC Grant program (as amended by the ECASLA) to provide authority for
recognizing a “rigorous secondary school program” to “the official designated for
such recognition consistent with State law” and to require this official to report such
programs to the Secretary. It also makes other technical corrections and waives
master calendar and negotiated rulemaking for the changes to the AC and SMART
grant programs that were made under the ECASLA.
Subpart 2: TRIO and GEAR UP. Subpart 2 of Title IV, Part A authorizes
Federal Early Outreach and Student Services Programs. Chapter 1 of this subpart
establishes the Federal TRIO programs and Chapter 2 authorizes the Gaining Early
Awareness and Readiness for Undergraduate Programs (GEAR UP) program.
Federal TRIO Programs. The TRIO programs, Talent Search (TS), Upward
Bound (UB), Student Support Services (SSS), Ronald E. McNair Postbaccalaureate
Achievement (MPA), and Educational Opportunity Centers (EOC), each provide
direct or indirect service support to students. Grants are competitively awarded to
institutions of higher education and other public and private institutions and agencies,²⁴
and are four or five years in duration. Amendments made to the TRIO Programs
under the HEOA are described below.

²³ Amendments to the AC Grant program made under the ECASLA are described in CRS
Report RL34452, Proposals to Ensure the Availability of Federal Student Loans During an
Economic Downturn: A Brief Overview of H.R. 5715 and S. 2815, by David P. Smole. The
HEOA also changes the effective date of those amendments from January 1, 2009, to July

1, 2009.

²⁴ For additional information on the Federal TRIO programs, see CRS Report RL31622, Trio
and GEAR UP Programs: Status and Issues, by Jeffrey J. Kuenzi.

Changes to Award Provisions. The HEOA clarifies that community-based
organizations are eligible TRIO award recipients, removes a requirement that
secondary schools may be eligible only in “exceptional circumstances,” and extends
the duration for certain grants in order to synchronize current award cycles. The
HEOA extends the duration of TRIO grants from four to five years; and increases the
minimum grant amount for each of the TRIO programs to $200,000, except for Staff
Development grants which remain at $170,000. (Prior to the HEOA, TS and EOC
grants were capped at $180,000; UB and MPA grants were capped at $190,000; and
evaluation grants were capped at $170,000). The HEOA requires the Secretary to use
specified outcome criteria in evaluating TRIO programs and mandates that grantees’
prior experience be taken into account when awarding grants. Note that a mandatory
appropriation for years FY2008 through FY2011 was enacted under the CCRAA to
support additional Upward Bound awards, as shown in Appendix A.
Changes to Eligibility and Uses. The HEOA allows more than one TRIO
grant to be awarded to campuses under certain conditions and expands the definition
of the term “veterans eligibility.” Prior to the HEOA, the program authority for TS
stated that the program should be designed to encourage individuals who have not
completed secondary or postsecondary programs, “but who have ability to complete
such programs, to reenter such programs.” The HEOA eliminates this phrase and
adds to the program authority language encouraging grantees to facilitate students’
application for financial aid. UB is amended to prohibit the Secretary from denying
a student participation in a project because the student will enter the project after the
9^th grade; and the stipend provision is amended to allow flexibility in defining the
period for summer recess.
Under prior law, a list of permissible services was specified for each TRIO
program. The HEOA creates two subsections in each program which distinguish
between required and permissible services. It also expands the description of
individuals to be served by each program to include those who are Limited English
Proficient, homeless, aging out of foster care, traditionally underrepresented in
postsecondary education, or disabled, as well as other disconnected students.
In recent years, the Secretary established an “absolute priority” for the UB
program which set rules regarding which high school students will be given priority
for participation in the program and called for an evaluation of the program using a
control group of students who do not receive UB services (see Federal Register on
September 22, 2006 (71 Fed. Reg. 55447 et seq.)). The HEOA prohibits the
Secretary from proceeding with implementing or enforcing the absolute priority for
student eligibility. In addition to other new requirements placed on TRIO
evaluations, the Secretary is further prohibited from requiring a grantee to recruit
students to serve as a “control group” for purposes of program evaluation.
Gaining Early Awareness and Readiness for Undergraduate
Programs (GEAR UP). GEAR UP seeks to increase disadvantaged students’
secondary school completion and postsecondary enrollment by providing support
services and by assuring students of the availability of financial aid to meet college
costs. Amendments made to GEAR UP by the HEOA are described below.

Changes to Award Provisions. The HEOA maintains a grant period of six
years; however, this may be increased to seven years in the case of an entity that
plans to provide services to students through their first year of postsecondary
education. The HEOA further retains the requirement that the Secretary ensure that
students served under the program will continue to receive assistance through
completion of secondary school. The application for GEAR UP is expanded and the
50% matching requirement is amended to allow entities to accrue non-Federal funds
over the duration of the grant, to allow the match to be modified either at the time of
the application or in response to a petition, and to clarify what can count toward the
match.
Changes to Eligibility and Uses. The HEOA amendments delineate early
intervention grant activities under categories of “required activities” and “optional
activities.” The list of priority students to be served by an entity not using a cohort
approach is expanded to include homeless youth and those “otherwise considered by
the eligible entity to be a disconnected student.” State grantees generally had been
required to reserve 50-75% of funds received for scholarships, but may now use less
than 50% if other funds for scholarships can be demonstrated. State grantees must
notify students of their eligibility for scholarships and make scholarships available
for students upon completion of secondary school and enrollment in college. State
grantees must establish a scholarship trust fund containing amounts sufficient to
cover the scholarship for each student in each cohort and must return unused funds
to a grantees’ trust fund for redistribution to other eligible students; and any funds
unused after redistribution must be returned to the Secretary.
Subpart 4: LEAP and GAP. Subpart 4 of Title IV, Part A authorizes Grants
to States for State Student Incentives, which provide matching grant incentives for
states to establish scholarship programs. Under the HEOA amendments, the
maximum allowable Leveraging Educational Assistance Program grant is increased
from $5,000, to the lesser of $12,500 or a student’s cost of attendance. In addition,
the Special LEAP program is repealed and replaced with a new subsidiary program
— Grants for Access and Persistence (GAP). Like LEAP, GAP provides matching
funds to states to support state need-based scholarships. Federal funds may be used
to contribute up to two-thirds of GAP program costs, depending on certain
conditions. GAP requires partnerships between states, IHEs, philanthropic
organizations, and private corporations. GAP grants fund early awareness and
outreach activities, support services, and scholarships that must be equal to average
tuition and fees at similar public IHEs, less any other federal or state aid. A key
component to GAP is annually notifying low-income students in grades 7 through 12
of the availability of financial aid in general, and the GAP scholarships in particular.
In addition to the general LEAP maintenance of effort (MOE) requirement, GAP has
a separate MOE provision requiring that each year’s state contribution to GAP²⁵

activities not be less than that for the prior year.
²⁵ The LEAP/GAP state MOE requirements under Title IV, Part A are not related to the
general state MOE under Title I, Part C, which ties consequences for a state’s failure to meet
the MOE to the College Access Challenge Grant Program under Title VII, Part E.

Other Title IV: Part A Subparts. The HEOA repeals the Chapter 3 of
Subpart 2, Academic Achievement Incentive Scholarships; and Subpart 8, Learning
Anytime Anywhere Partnerships programs. It reauthorizes Subpart 3, Federal
Supplemental Education Opportunity Grant program and increases the program’s
allowance for books and supplies used in the formula to allocate funds to IHEs. The
act amends the Subpart 5, Migrant and Seasonal Farmworker programs by making
relatively minor expansions to allowable services under the grants, increasing
minimum allocations to $180,000 for both the High School Equivalency Program and
the College Assistance Migrant Program, by changing the distribution of funds
among the activities, and by requiring increased data collection. The HEOA amends
the Subpart 6, Robert C. Byrd Honors Scholarship Program to clarify that home-
schooled children are eligible. It also changes definitions and funding distribution
provisions for the Subpart 7, Child Care Access Means Parents in School program.
In addition to establishing new requirements relating to disclosures, waivers, and
evaluation, the HEOA clarifies that Subpart 9, Teacher Education Assistance for
College and Higher Education (TEACH) Grant recipients studying in fields which
are subsequently designated as no longer high-need may fulfill their service
agreements in their original field.
Part B: Federal Family Education Loan (FFEL) Program; and
Part D: William D. Ford Federal Direct Loan (DL) Program. The
federal government operates two major student loan programs: the FFEL program,
authorized under Title IV, Part B, and the DL program, authorized Title IV, Part D.
Under the FFEL program, loan capital is provided by private lenders, and the federal
government guarantees lenders against loss through borrower default, death,
permanent disability, or, in limited instances, bankruptcy. Under the DL program,
the federal government provides the loans to students and their families, using federal
capital (i.e., funds from the U.S. Treasury). While the two programs rely on different
sources of capital and different administrative structures, they both make available
essentially the same set of loans, with very similar terms and conditions: Subsidized
Stafford Loans and Unsubsidized Stafford Loans for undergraduate and graduate
students; PLUS Loans for parents of undergraduate dependent students and graduate
students; and Consolidation Loans through which borrowers may combine their loans
into a single loan payable over a longer term, that varies according to the combined
loan balance. Amendments made by the HEOA to the FFEL and DL programs are
described below.
Loan Provisions Applicable to Military Personnel and Veterans. The
HEOA includes amendments to loan terms and conditions that apply to current
military servicemembers and veterans of the armed forces.
Exclusion of Veterans’ Education Benefits from Being Treated as
Estimated Financial Assistance for Subsidized Stafford Loans. Effective July
1, 2010, all forms of veterans’ education benefits are excluded from being treated as
estimated financial assistance for purposes of determining a student’s eligibility to
borrow FFEL and DL program Subsidized Stafford Loans. At present, only veterans’
education benefits received under the Montgomery GI Bill-Active Duty (MGIB-AD)
program are excluded from a student’s EFA. Note that similar provisions exclude
veterans’ education benefits from the general Title IV need analysis calculation, as
described under Part F, below.

Extension of Protections under § 207 of the Servicemembers Civil Relief
Act (SCRA) to Federal Student Loans. Individuals who borrow loans under the
FFEL and DL program loans after the date of enactment, and who later enter military
service, may have the interest rate on those loans capped at 6% for the duration of
their military service. Creditors must forgive interest above the rate of 6% and may²⁶
not accelerate repayment of the loans. For loans first disbursed on or after July 1,
2008, on which the interest rate is reduced to 6% in accordance with § 207 of the
SCRA, the formula for determining special allowance payments (SAPs) to lenders
shall take into account the 6% interest rate, resulting in no reduction in SAPs to
lenders.
No Accrual of Interest on DL Program Loans for Certain Active Duty
Service Members. The terms and conditions of DL program loans (but not FFEL
program loans) for which the first disbursement is made on or after October 1, 2008,
must specify that interest will not accrue during any period of up to 60 months while
the borrower is serving on active duty or performing qualifying National Guard duty
in an area of hostilities during a war or national emergency. Additionally, the
Secretary is required to offer a Consolidation Loan under the DL program to any
borrower seeking to obtain such a loan for purposes of using the no accrual of interest
for active duty service members program. For Consolidation Loans, the benefit is
only available with respect to the portion used to repay loans first disbursed on or
after October 1, 2008.
Disclosure and Information Requirements. The HEOA adds a number
of requirements for IHEs, lenders, and other entities to provide specified information
to students, borrowers, or others. These requirements are discussed below.
Forbearance Information Requirements. The HEOA amends the FFEL
program guaranty agreements to require lenders, at the time of granting a borrower²⁷
forbearance, to inform the borrower of the impact that the capitalization of interest
will have on the total loan principal and interest required to be repaid. At least once
during every 180-day period in forbearance, lenders must inform borrowers: that
interest will continue to accrue during forbearance; of the total amount of unpaid
principal; of the amount of interest that has accrued since the last statement, and
when it will be capitalized; that accrued interest may be paid before it is capitalized;
and that borrowers may discontinue forbearance at any time.
Disclosures to Borrowers of Consolidation Loans. FFEL and DL program
lenders are required to disclose to borrowers of Consolidation Loans whether
consolidation of FFEL or DL program loans would result in the loss of any loan

²⁶ For additional information on the Servicemembers Civil Relief Act, see CRS Report
RL34575, The Servicemembers Civil Relief Act (SCRA): Summary and Proposed
Amendments, by R. Chuck Mason.
²⁷ Forbearance is the practice under which lenders grant borrowers temporary relief from
their obligation to repay because the borrower is willing but unable to meet regular payment
obligations. Forbearance can constitute lower monthly payments than would otherwise be
expected, or total cessation of payments (“complete” forbearance). Any borrower under
forbearance is liable for all accrued interest during the forbearance period.

benefits, including loan forgiveness, cancellation, or deferment; and that the
consolidation of a Perkins Loan will result in a loss of the in-school deferment
benefit and loan cancellation benefits.
Disclosure of Terms and Conditions for Federal Student Loans. New
requirements are added for lenders to disclose to borrowers detailed information
about the terms and conditions of FFEL and DL program loans upon notification of
approval of the loan, upon disbursement of the loan, upon the start of repayment, and
during repayment. Items required to be disclosed include information on charges,
fees, and the rate of interest; an explanation that if the borrower does not pay the
interest that accrues on unsubsidized loans while in school, the interest will be
capitalized (i.e., added to the principal balance of the loan); a statement of the total
cumulative balance owed to the lender, and estimated monthly payments (or sample
projections for Unsubsidized Stafford Loans and PLUS Loans); information on
repayment options and borrower benefits, such as deferment, forbearance, and
forgiveness; and information on the consequences of default.
Consumer Education Information. The HEOA amendments require guaranty
agencies (GAs) under the FFEL program to work with the IHEs they serve to develop
and make available high-quality and easy to understand educational programs and
materials to provide training in budgeting and financial management to prospective
and enrolled students and their families. GAs may use existing programs and
materials to meet this requirement. Also, consumer education information activities
shall be considered default reduction activities.
FFEL Administration Provisions. The HEOA amends requirements
related to entities involved in the guaranteed student loan program in the following
manner.
Restrictions on Inducements, Payments, Mailings, and Advertising by
Guaranty Agencies. The HEOA enhances previously existing restrictions on
guaranty agencies to prohibit GAs from offering specified types of inducements to
any IHE or its employees in order to secure applicants for FFEL program loans; and
to lenders for purposes of being designated as the insurer of its loans. The HEOA
amendments also specify that GAs are prohibited from performing for any institution,
or paying to have performed, any function that it is required to perform under Title
IV, with the exception of exit counseling.
Voluntary Flexible Agreements. Under the HEA, the Secretary is authorized
to enter into voluntary flexible agreements with guaranty agencies in which certain
requirements otherwise applicable to guaranty agreements may be waived. The
HEOA establishes new reporting requirements for voluntary flexible agreements.
The Secretary, in consultation with guaranty agencies operating under voluntary
flexible agreements, is now required to report annually to the authorizing committees
on outcomes with respect to program integrity, cost efficiencies, delinquency
prevention, default aversion, consumer education programs, and the availability and
delivery of student financial aid.
Expansion of Financial Institutions Treated as Eligible Lenders. Prior to
the HEOA, most banks, thrifts, and credit unions were prohibited from being eligible

lenders under the FFEL program unless FFEL program loans constituted no more
than half of their consumer credit function. Now, in accordance with the HEOA
amendments, national and state chartered banks and credit unions with assets of less
than $1 billion may be eligible lenders under the FFEL program without regard to
whether the making or holding of FFEL program loans constitutes more than half of
their consumer credit function.
Disqualification as an Eligible Lender for Use of Incentives. Prior to the
HEOA, to be an eligible lender under the FFEL program, an entity was prohibited
from offering inducements to IHEs, conducting unsolicited mailings of student loan
applications, offering loans as an inducement to borrowers to purchase other
products, and engaging in fraudulent or misleading advertising. With the enactment
of the HEOA, additional forms of incentives are specifically prohibited. These
include entering into a consulting arrangement with an IHE’s financial aid office;
compensating an employee of an IHE’s financial aid office for service on an entity
established by the lender (except reimbursement of expenses); performing, or paying
to have performed, any function an IHE is required to perform under Title IV (except
exit counseling); paying or providing benefits to a student to secure loan applications
(unless otherwise employed by the lender); and specified forms of inducements.
PLUS Loan Terms and Conditions. The HEOA amends provisions related
to PLUS loans in the following manner.
Extenuating Circumstances for Making PLUS Loans. FFEL and DL
program PLUS Loans are not available to borrowers with adverse credit histories;
and prior to enactment of the ECASLA, lenders were required to consider a PLUS
Loan applicant to have an adverse credit history if the applicant was 90 days or more
delinquent on a debt payment, unless extenuating circumstances existed.²⁸ An
ECASLA amendment specifies that extenuating circumstances exist, if during the
period from January 1, 2007, through December 31, 2009, an applicant is no more
than 180 days delinquent on mortgage payments for a primary residence or medical
bill payments; or if an applicant is no more than 89 days delinquent on any other debt
payments. The HEOA further amends this provision, effective July 1, 2008, to
specify that extenuating circumstances exist only if an applicant is no more than 180
days delinquent on mortgage payments for a primary residence or medical bills.
Grace Period and Deferment for PLUS Loans. The HEOA amends the
terms and conditions of PLUS Loans for which the first disbursement is made on or
after July 1, 2008. For parent PLUS Loans, borrowers may request a deferment for
any period during which the student on whose behalf the loan was borrowed would
qualify for a deferment. With respect to graduate and professional student PLUS
Loans, the commencement of repayment is deferred until the end of a six-month
grace period beginning immediately after the borrower ceases to be enrolled in school
on at least a half-time basis.

²⁸ For additional information on changes to the FFEL and DL programs made under the
ECASLA, see CRS Report RL34452.

Loan Forgiveness, Repayment, and Discharge Provisions. In
addition to related provisions under Title IV, Part G, the HEOA extends and amends
requirements and programs related to loan forgiveness, repayment by others, and
discharge.²⁹
Teacher Loan Forgiveness for Employment in Educational Service
Agencies. The HEOA extends loan forgiveness under the existing FFEL and DL
Loan Forgiveness for Teachers programs to new borrowers who, on or after October
1, 1998, had no outstanding balance on federal student loans and who have been
employed by an educational service agency as a full-time teacher for 5 consecutive
years. Previously, the teacher loan forgiveness benefit was available only to eligible
teachers employed in certain low-income schools.
Loan Forgiveness for Service in Areas of National Need. A new
discretionary program is established to provide loan forgiveness of up to $2,000 in
FFEL or DL program student loan debt (other than PLUS Loans borrowed on behalf
of a dependent student), per year during which a borrower is employed full-time in
an area of national need, with a maximum amount forgiven of $10,000 for five years
of service.³⁰ Specified areas of national need are early childhood educators; nurses;
foreign language specialists; librarians; certain highly qualified teachers; child
welfare workers; speech-language pathologists and audiologists; school counselors;
certain public sector employees; nutrition professionals; medical specialists; mental
health professionals; dentists; STEM employees; physical therapists; superintendents,
principals, and other (school) administrators; and occupational therapists. The
program is available to borrowers on a first come, first served basis; and is subject
to the availability of appropriations. It is authorized to be funded at such sums as
may be necessary for FY2009-FY2014.
Loan Repayment for Civil Legal Assistance Attorneys. A new discretionary
program is established to provide loan repayment to individuals who enter into
agreements with the Secretary to serve as civil legal defense attorneys for not less
than three years. In return for their service, the Secretary shall assume the obligation
to make payments of up to $6,000 per year, and $40,000 in the aggregate, on federal
student loans made under FFEL, DL and Perkins Loan programs (other than PLUS
Loans borrowed on behalf of a dependent student). The program is available on a
first come, first served basis; and is subject to the availability of appropriations.
Appropriations are authorized at $10 million for FY2009; and such sums as may be
necessary for FY2010-FY2014.
Disability Discharge. At present, the Secretary discharges FFEL and DL
program loans for borrowers who die or become permanently and totally disabled.
In accordance with the HEOA amendments, effective July 1, 2010, FFEL and DL
program loans will also be discharged for borrowers who are unable to engage in any

²⁹ For additional information, see CRS Report RL32516, Student Loan Forgiveness
Programs, by Gail McCallion and CRS Report RS22762, Loan Forgiveness for Public
Service Employees under the William D. Ford Direct Loan Program, by David P. Smole.
³⁰ This program is established at HEA, § 428K, replacing the Loan Forgiveness for Child
Care Providers program, which is repealed.

substantial gainful activity due to a physical or mental impairment that can be
expected to result in death or that has lasted continuously or can be expected to last
continuously for 60 months. Also, effective July 1, 2010, borrowers who have been
determined by the Secretary of Veterans Affairs to be unemployable due to a service-
connected condition shall be considered permanently and totally disabled.
Default Rate Provisions. The HEOA amends provisions related to IHEs’
rates of students defaulting on federal student loans in the following manner.
Cohort Default Rates Calculation. Prior to the HEOA amendments, cohort
default rates have been based on the number of current and former student borrowers
of Subsidized Stafford Loans and Unsubsidized Stafford Loans made under the FFEL
and DL programs who enter repayment in a particular fiscal year, and who default on
their loans before the end of the next fiscal year (a two-year period). Effective for
FY2009 and succeeding years, the calculation of cohort default rates is amended to
be based on the number of current and former student borrowers of Subsidized
Stafford Loans and Unsubsidized Stafford Loans who enter repayment in a particular
fiscal year, and who default on their loans before the end of the second succeeding
fiscal year (a three-year period). (PLUS Loans to graduate and professional students
are not included in the calculation of cohort default rates.)
Also effective for FY2009 and succeeding years, a new life of cohort default
rate is established which measures, on a year-by-year basis, the cumulative
percentage of current and former student borrowers of FFEL and DL program
Subsidized Stafford Loans, Unsubsidized Stafford Loans, and graduate PLUS Loans
who enter repayment in a particular fiscal year, and who have defaulted on their loans
since entering repayment. It appears that the new life of cohort default rate is for
informational purposes only.
Cohort Default Rate Penalties. Prior to the HEOA amendments, IHEs have
been subject to the loss of institutional eligibility to participate in Title IV programs
for having high cohort default rates for FFEL and DL program loans. At present,
IHEs are subject to the loss of institutional eligibility if their cohort default rate
equals or exceeds 25% for 3 consecutive fiscal years. Beginning with FY2012, IHEs
will be subject to the loss of eligibility if their cohort default rates (as measured
according to the amended cohort default rate calculation) equal or exceed 30% for
3 consecutive fiscal years. The HEOA also establishes provisions for appeals for
regulatory relief if an IHE demonstrates that exceptional mitigating circumstances led
to its high cohort default rate; and requirements for IHEs with high cohort default
rates to prepare default reduction plans.
Part C: Federal Work-Study (FWS) Program. The Federal Work-Study
(FWS) program is authorized under Title IV, Part C, and provides undergraduate,
graduate, and professional students the opportunity for paid employment in a field

related to their course of study or in community service.³¹ Amendments made by the
HEOA to the FWS program include the following.
Civic Education and Participation Activities. A new use of FWS
program funds is added that allows IHEs to compensate students employed in
projects that teach civics in schools, raise awareness about the government, or
increase civic participation. Whereas the federal share of compensation may not
exceed 75% for most types of FWS employment, it may for civic education and
participation activities.
Off-Campus Community Service. A new authorization of appropriations
is established for grants to IHEs for purposes of compensating students employed in
community service jobs.
Part E: Federal Perkins Loan Program. The Federal Perkins Loan
program is authorized under Title IV, Part E. The program provides low-interest
loans with favorable terms and conditions to undergraduate, graduate, and
professional students.³² Amendments to the Federal Perkins Loan program include
the following.
Perkins Loan Collections and Fiscal Controls. The HEOA amends
requirements for Perkins Loan program participation agreements to provide that if
an IHE has not knowingly failed to maintain an acceptable collection record with
respect to a defaulted Perkins Loan, the Secretary may allow the institution to refer
the loan to the Secretary, without recompense, except that once every six months, any
amounts collected (less collection costs) shall be repaid to the referring institution
within 180 days of collection and shall be treated as an additional federal capital
contribution. The HEOA also restricts the authority of the Secretary to require the
mandatory assignment of defaulted Perkins Loans.
Perkins Loan Limits. The HEOA increases annual borrowing limits on
Perkins Loans from $4,000 to $5,500 for undergraduate students; and from $6,000
to $8,000 for graduate and professional students. It also increases aggregate Perkins
Loan limits from $20,000 to $27,500 for undergraduate students who have completed
two years of study; from $40,000 to $60,000 for graduate and professional students;
and from $8,000 to $11,000 for all other students.
Loan Discharge and Cancellation Provisions. The HEOA amends
requirements related to the discharge and cancellation of Perkins Loans, as described
below.

³¹ For additional information on the FWS program, see CRS Report RL31618, Campus-
Based Student Financial Aid Programs Under the Higher Education Act, by David P.
Smole.
³² For additional information on the Federal Perkins Loan program, see CRS Report
RL31618, Campus-Based Student Financial Aid Programs Under the Higher Education Act,
by David P. Smole.

Disability Discharge. At present, Perkins Loans are discharged by the
Secretary for borrowers who die or become permanently and totally disabled. In
accordance with the HEOA amendments, effective July 1, 2008, Perkins Loans will
also be discharged for borrowers who are unable to engage in any substantial gainful
activity due to a physical or mental impairment that can be expected to result in death
or that has lasted continuously or can be expected to last continuously for 60 months.
Also, effective July 1, 2008, borrowers who have been determined by the Secretary
of Veterans Affairs to be unemployable due to a service-connected condition shall
be considered permanently and totally disabled.
Loan Cancellation for Public Service. Under the HEOA, loan cancellation
is extended to borrowers of Perkins Loans for full-time employment as public
defenders, fire fighters, faculty members at Tribal Colleges and Universities,
librarians, and speech language pathologists, at the rate of 15% for their first and
second years of service; 20% for their third and fourth years of service; and 30% for
their fifth year of service. In addition, loan cancellation for service as a member of
the armed forces in an area of hostilities is also provided at those rates; whereas,
previously it was provided at the rate of 12.5% per year of service for up to four
years.
Sense of Congress Regarding Federal Perkins Loans. The HEOA
expresses the sense of Congress that the Federal Perkins Loan program is an
important part of federal student aid and that it should remain a campus-based
program at colleges and universities.
Part F: Need Analysis. Title IV, Part F provides requirements for
calculating the contribution students and their families are expected to pay toward the
costs of postsecondary education, known as the expected family contribution (EFC).³³
What the EFC does not cover toward the total cost of attendance (including tuition,
room, board, books, supplies, and living expenses) is then defined as the student’s
need for assistance and is used in determining Title IV financial aid awards. The
HEOA makes several changes to the need analysis calculation.
General Changes to Need Analysis. For the purpose of calculating a
student’s estimated financial need, the HEOA makes several changes: (1) financial
aid administrators may make adjustments to need based on nursing home expenses,
adult dependent care, or because of a family member who is a dislocated worker; (2)
financial aid administrators may award Unsubsidized Stafford loans to students
whose parents have ended financial support and refuse to complete the FAFSA; (3)
the Secretary may use IRS income information from the second preceding tax year
for the purpose of designing a simplified needs application; (4) technical corrections
are made to the independent student definition as it relates to foster youth; and (5)
income from cooperative education programs is treated as excluded income. Items
1 and 2, above, are effective as of the date of enactment of the HEOA, whereas items

3, 4, and 5 are effective July 1, 2010. The HEOA also changes the effective date of

³³ For additional information, see CRS Report RL33266, Federal Student Aid Need Analysis
System: Background, Description, and Legislative Action, by Charmaine Mercer.

financial aid administrators’ professional judgement provisions enacted under the
CCRAA to be as of the date of enactment of the HEOA.
Need Analysis Changes Applicable to Military Personnel and
Veterans. Effective July 1, 2010, the HEOA makes significant changes to the
calculation of need for military service members and veterans. For military service
members living on base or receiving a housing stipend, only board and not room is
to be included in the total cost of attendance (COA) for the purpose of calculating
need. Also, the value of such housing or housing stipend is not to be counted as
untaxed income and benefits. Finally, any portion of veterans’ education benefits
received by the student (or the student’s spouse or parents) is excluded both from the
student’s “income or assets” and from the student’s “estimated financial assistance”
(which is aid from non-Title IV sources).
As a result of these changes, it appears that veterans may be eligible to receive
veterans’ education benefits and Title IV grants, loans, or work study, which
combined may exceed their COA. For example, beginning August 1, 2009, a veteran
who has served for three years on active duty since September 11, 2001, will be
eligible for veterans education benefits under the Post-9/11 Veterans Education
Assistance program³⁴ that would pay an amount equal to tuition and fees charged at
the most costly public IHEs in the state, a $1,000 allowance for books, and a monthly
housing allowance equal to the basic allowance for housing payable to an E-5 (i.e.,
a junior non-commissioned officer) with dependents living in the area where the IHE
in which the student is enrolled is located. While assistance made available under
the Post-9/11 Veterans Education Assistance program may be substantial (in some
instances in excess of $25,000), this and other veterans education benefits will be
excluded from being considered as either income or as part of estimated financial
assistance from other sources. Thus, it appears that the receipt of any type of
veterans education benefits will not impact an individual’s eligibility for, nor the
amount of, need-based and non-need-based aid available under Title IV.
Part G: General Provisions. Part G contains an array of institutional
requirements for Title IV participation and related provisions. The HEOA specifies
technical amendments to many of the general provisions which govern Title IV
student aid programs, the most significant of which are described below.
Financial Aid Application and Award Process Provisions. The
HEOA amends provisions related to the process by which students are made aware
of, apply for, and are awarded student financial aid.
Regular and Simplified Applications for Student Aid. The HEOA
reconstructs the entirety of HEA, § 483, which establishes the Free Application for
Federal Student Aid (FAFSA). In addition to the FAFSA, this section authorizes the
EZ-FAFSA for students qualifying under either the Simplified Needs Test or Auto-

³⁴ For additional information, see CRS Report RS22929, A Brief Overview of the Post-9/11
Veterans Educational Assistance Act of 2008, by Shannon S. Loane; and CRS Report
RL34549, A Brief History of Veterans’ Educational Benefits and Their Value, by David P.
Smole and Shannon S. Loane.

Zero EFC provisions, as well as web-based versions of the FAFSA and EZ-FAFSA.
The section also requires the Secretary to pursue a process of streamlining the
FAFSA for reapplications and to ultimately reduce the number of data elements
required from all applicants by a goal of 50%. In so doing, the Secretary is to
determine how Internal Revenue Service (IRS) data may pre-populate the FAFSA in
order to reduce income and asset questions on the form and is given the authority to
directly obtain such data from the IRS. The Comptroller General is to convene a
group including the Secretaries of Education and of the Treasury, the Directors of the
Office of Management and Budget and of the Congressional Budget Office, and
representatives of IHEs and of state higher education agencies, in consultation with
the Advisory Committee on Student Financial Assistance, to study alternative
approaches for calculating the EFC.
Early Application and Estimated Award Demonstration Program. A
demonstration program is authorized for dependent students to apply for and receive
conditional aid offers based on income and other data two years prior to the year of
enrollment (as opposed to the current practice of one year prior). The Secretary is to
measure whether giving students early award notifications prior to the start of their
senior year of high school positively impacts their enrollment in postsecondary
education. States in partnership with their IHEs and secondary schools may apply
to participate in the demonstration.
Model Institutional Financial Aid Offer Form. The Secretary is required to
convene a group to develop a model format for financial aid offer forms, including
specified information on college prices, aid, loans, and family contributions.
Student Eligibility Provisions. The HEOA amends and expands student
eligibility requirements for federal student aid.
Drug Conviction Ineligibility. The HEOA expands requirements under which
students may be able to regain eligibility for Title IV aid following certain drug
convictions by mandating that students also pass two random drug tests conducted³⁵
by a rehabilitation program. Also, the Secretary is required to study and report the
effects of drug conviction ineligibility.
Students with Intellectual Disabilities. To provide students with intellectual
disabilities (including those with mental retardation) the opportunity to participate
in comprehensive transition and postsecondary education programs, the HEOA
amendments open eligibility for these students to receive Pell Grant, FSEOG, and
FWS aid. Specifically, new student eligibility provisions exempt intellectually
disabled students from requirements relating to these students’ ability to benefit from
and enroll in regular recognized postsecondary degree or credential programs and
modify requirements relating to maintenance of satisfactory academic progress.
Ability to benefit provisions. The HEOA expands the criteria by which a
student who has not graduated from high school may demonstrate the ability to

³⁵ For additional information, see CRS Report RS21824, Student Eligibility: Drug
Convictions and Federal Student Aid, by Charmaine Mercer and Laura L. Monagle.

benefit from postsecondary education and, subsequently, receive federal student aid.
A student who satisfactorily completes six credit hours or the equivalent coursework
that is applicable toward a degree or certificate offered by the IHE at which the
coursework was taken is considered to demonstrate the ability to benefit from
postsecondary education.
General Provisions Applicable to Military Personnel and Veterans.
The HEOA adds a requirement for how IHEs treat servicemembers returning from
a leave of absence during which they served on active duty.
Readmission Requirements for Servicemembers. IHEs are required to
readmit students who take a leave of absence to serve on active duty in the armed
forces. Students must be readmitted at the same academic status they had attained
prior to serving on active duty.
Disclosure, Information, and Reporting Requirements. In addition to
related provisions under Title I, Part B (in general), as well as Title I, Part E and Title
IV Parts B and D (related to student loans), the HEOA adds disclosure and other
reporting requirements under the general provisions of Title IV, Part G, as described
below.
Compliance Calendar. The Secretary must annually provide to IHEs a list of
all reports, disclosures, and other regulatory requirements under the HEA, with
deadlines for compliance.
Information that IHEs must Make Available to Enrolled and Prospective
Students. IHEs are required, upon request, to disclose various information to
current and prospective students. The HEOA expands these requirements to include
several new data requirements. Examples of the types of information that must be
disclosed including the following:
^!institutional policies and sanctions related to copyright infringement,
including a description of the institution’s policies with respect to
unauthorized peer-to-peer file sharing,
^!information on student body diversity,
^!the placement in employment and types of employment obtained by
graduates of the institutions’ degree or certificate programs,
^!the types of graduate and professional education in which graduates
of the institutions’ four-year degree programs enroll,
^!the institution’s fire safety report, and
^!the retention rate of certificate- or degree-seeking first-time, full-
time undergraduate students entering the university.
Disclosure of Reimbursements for Service on Advisory Boards. Under
the HEOA amendments, IHEs are required to annually report to the Secretary,
information on the reimbursement of expenses received by employees of the financial
aid office of the institution for their service on an advisory board, commission or
group established by a private educational lender. The Secretary is required to
annually transmit a summary report on reimbursed expenses to the authorizing
committees.

Data on Completion and Graduation Rates. Under the HEOA amendments,
institutions must disaggregate completion and graduation rate data submitted to ED
based on student gender, race/ethnicity, receipt of a Pell Grant, receipt of a federal
loan but not a Pell Grant, and non-receipt of a Pell Grant or specific federal loans.
These requirements will not apply to two-year degree-granting institutions until the
2011-2012 academic year. Prior to that time, the Secretary is required to convene a
group of representatives from the higher education community to consider the
mission and role of these institutions, and to recommend additional or alternative
measures of student success. The Secretary has until June 30, 2011 to modify the
measures of student success for two-year degree-granting institutions.
Campus Crime, Emergency Response, and Fire Safety Requirements.³⁶
The HEOA expands the list of crimes for which IHEs must indicate whether the
crime committed was a “hate crime” to include crimes such as simple assault and
intimidation. It requires IHEs to establish policies related to immediate emergency
response and evacuation procedures, including the use of electronic or cellular
communication. This includes having procedures to “immediately notify the campus
community” about a significant emergency or dangerous situation occurring on
campus that involves an immediate threat to the health and safety of students or staff.
IHEs are also required to test their emergency response and evacuation procedures
on an annual basis. In addition, IHEs must publish an annual fire safety report, to be
available to the public and submitted to the Secretary, that contains information about
fire safety practices and standards at the institution and provides data on fires that
occurred in on-campus housing facilities.
Transfer of Credit Policy Disclosures, Missing Person Procedures, and
Drug Policy Notification. The HEOA requires IHEs to publicly disclose their
transfer of credit policies, including any established criteria the IHE uses in
determining whether to accept the transfer of credit, as well as a list of any
institutions with which the IHE has established an articulation agreement. Each IHE
is also required to develop missing person procedures for students living on-campus.
Finally, IHEs are required to provide students, upon enrollment, with a written notice
detailing the penalties under the HEA for drug violations and to provide students who
have lost their Title IV eligibility as a result of a drug violation with information on
how to regain Title IV eligibility.
National Student Loan Data System. The HEOA requires the Secretary
to take actions to maintain confidentiality in the National Student Loan Data System
(NSLDS); to restrict access to NSLDS, and to provide applicants of federal student
aid a disclosure of the uses of individual data contained in NSLDS, and their privacy
rights with respect to such data. In addition, guaranty agencies, lenders, and
institutions must inform borrowers of federal student loans that information on their
loans will be provided to NSLDS.

³⁶ For additional information, see CRS Report RL33980, School Campus Safety Programs
and Requirements in the Elementary and Secondary Education Act and the Higher
Education Act, by Rebecca R. Skinner and Gail McCallion.

Articulation Agreements Program. The Secretary is required to carry out
a program with public IHEs to develop, enhance, and implement comprehensive
articulation agreements between or among such institutions in a state and (to the
extent practicable) across state lines by 2010.
Program Participation Agreement (PPA). Under the HEA, IHEs have
been required to enter into a Program Participation Agreement; and, in so doing,
agree to comply with the laws, regulations, and policies governing institutional³⁷
participation in Title IV financial aid programs. New and amended requirements
made by the HEOA to the Program Participation Agreement are described below.
Disclosures to Victims of Crimes. The HEOA adds requirements within the
PPA related to the disclosure of the outcome of an institutional disciplinary hearing
to victims of certain crimes.
Addition of the “90/10 Rule” for Proprietary IHEs to the PPA. The HEOA³⁸
moves the 90/10 rule, which applies only to proprietary institutions, to the PPA
from Title I. By making this change, the 90/10 rule is no longer a condition of
institutional eligibility to participate in the Title IV programs. Thus, proprietary
institutions that violate the 90/10 rule in a given year will not lose their Title IV
eligibility. They will, however, be placed on provisional eligibility status for two
years. Proprietary institutions that violate the 90/10 rule for two consecutive years
will lose their Title IV eligibility for at least two years, dependent upon further
requirements to regain eligibility.
Revenue Sources for Compliance with the 90/10 Rule. The HEOA
specifies sources of revenue that may be counted toward the provision of the 90/10
rule that 10% of total revenues must be from non-Title IV sources. While many of
these sources were allowed under regulations prior to the enactment of the HEOA,
proprietary institutions may now count revenue sources toward the 10% requirement
that were not permitted previously. For example, proprietary institutions may now
count revenue earned from non-Title IV eligible programs of study toward the 10%
requirement, provided the program is approved by the state, accredited, or provides
an industry-recognized credential or certification. Under the new provision, a
proprietary institution could have its Title IV programs fully paid for by Title IV
federal student aid but have this aid count as only 90% of its total revenue if the other

10% of its total revenue is derived from non-Title IV programs. Also, from July 1,

2008 to July 1, 2011, proprietary institutions may count toward the 10% requirement

³⁷ For additional information, see CRS Report RL33909, Institutional Eligibility for
Participation in Title IV Student Aid Programs Under the Higher Education Act:
Background and Reauthorization Issues, by Rebecca R. Skinner.
³⁸ The “90/10 Rule” requires for-profit IHEs to derive at least 10% of their revenues from
non-Title IV sources. For additional information, see CRS Report RL32182, Institutional
Eligibility and the Higher Education Act: Legislative History of the 90/10 Rule and its
Current Status, by Rebecca R. Skinner.

the proceeds of Unsubsidized Stafford Loans in excess of the loan limits that existed
the day before the enactment of the ECASLA.³⁹
Requirements for Teach-Outs. In the event that the Secretary initiates the
limitation, suspension, or termination of an IHE’s participation in any Title IV
program or initiates an emergency action against an IHE, the HEOA requires the IHE
to prepare a teach-out plan for submission to the institution’s accrediting agency. A
teach-out plan is a written plan that provides for the equitable treatment of students
if an IHE ceases operations before all students have completed their program of
study.
Code of Conduct for Student Loans. The HEOA adds requirements to the
PPA that IHEs develop, publish, administer, and enforce codes of conduct with
respect to federal student loans. Codes of conduct must include a ban on revenue-
sharing arrangements with lenders; a ban against employees of the financial aid office
receiving gifts from lenders, compensation through consulting arrangements or
contracts with lenders, and compensation for service on an advisory board,
commission, or group established by a lender; prohibitions against IHEs steering
borrowers to particular lenders, and against delaying or refusing to certify loans based
on a borrower’s selection of lender or guaranty agency; a ban against IHEs receiving
funds from lenders for private loans or opportunity pools in exchange for entering
into a preferred lender arrangement; and a ban against financial aid offices receiving
staffing assistance from lenders.
Preferred Lender Arrangements. The HEOA adds requirements to the PPA
that IHEs entering into preferred lender arrangements must annually compile,
maintain, and make available a list of lenders of federal student loans and private
student loans that it recommends, promotes, or endorses. IHEs must also disclose:
detailed information about the terms and conditions of loans offered by preferred
lenders, as specified under Title I, Part E; why the IHE entered into a preferred lender
arrangement with the lender; the terms and conditions of those loans that are
favorable to borrowers; that students need not borrow from preferred lenders; and the
criteria used by the IHE to select preferred lenders. Preferred lender lists for FFEL
program loans must contain at least 3 unaffiliated lenders; and preferred lender lists
for private education loans must contain at least 2 unaffiliated lenders.
Transfer of Allotments Between Campus-Based Programs.
Previously, institutions were permitted to transfer up to 25% of their Perkins Loan
FCC allotment to either or both the FSEOG and the FWS programs; and up to 25%
of their FWS allotment to the FSEOG program. Institutions may now also transfer
up to 25% of their FWS allotments to either or both the FSEOG or the Perkins Loan
program; and up to 25% of their FSEOG allotment to the FWS program.

³⁹ The ECASLA raised loan limits for Unsubsidized Stafford Loans by $2,000 for most
types of undergraduate borrowers. For additional information on changes to the HEA made
by the ECASLA, see CRS Report RL34452, Proposals to Ensure the Availability of Federal
Student Loans During an Economic Downturn: A Brief Overview of H.R. 5715 and S. 2815,
by David P. Smole.

Advisory Committee on Student Financial Assistance. The HEOA
amends the purposes of the Advisory Committee related to early intervention and
awareness programs and federal regulations and the appointment provisions for
committee membership. It requires the Advisory Committee, in consultation with
expert review panels, to review and monitor all proposed federal regulations in regard
to their potential impact on IHEs, to maintain a website with regulatory information
(including the study of HEA regulations conducted by the National Academy of
Sciences as required under Title XI), and to conduct the committee’s own review and
analysis of federal regulations affecting IHEs. The act also requires the Advisory
Committee to conduct a Study of Innovative Pathways to Baccalaureate Degree
Attainment.
Part H: Program Integrity. Part H includes three subparts that specify the
roles and responsibilities for the three aspects of the program integrity triad: state
authorization, accreditation by an accrediting organization recognized by the
Secretary,⁴⁰ and eligibility and certification by ED.
Accrediting Agency Provisions. The HEOA requires accrediting agencies
to consistently apply and enforce standards that respect the stated mission of the
institution, including religious missions. It adds requirements related to accrediting
agency distance education oversight responsibilities, including ensuring students are
doing the distance education coursework for which they receive credit. Also
modified are existing due process requirements related to the accrediting process,
including requiring accrediting agencies to have written accreditation standards and
to have a conflict of interest policy for appeals panels. The HEOA also adds
requirements related to the growth of programs, teach-out plans, public disclosure of
accrediting agency actions, and transfer of credit policies.
Student Achievement Provisions. The HEOA amendments require
accrediting agencies to evaluate institutions’ success with respect to student
achievement in relation to the institution’s mission. But, the HEOA prohibits the
Secretary from establishing any criteria that specify the standards that accrediting
agencies must use to assess an IHE’s success with respect to student achievement.
It also prohibits the Secretary from issuing regulations related to the standards an
accrediting agency must use to assess various aspects of institutions, including, for
example, student achievement, curricula, faculty, and facilities.
ED Program Reviews. The HEOA amendments specify that during a
program review, ED is required to provide an IHE with an adequate opportunity to
review and respond to any relevant materials prior to a final program report being
issued. The Department of Education must review and take into consideration an
IHE’s response in any final program review report or audit determination, including
issuing a written statement addressing the IHE’s response. The Department must
maintain and preserve the confidentiality of any program review report until a final
program review is issued, except that information must be shared with the IHE being
reviewed and the institution’s accrediting agency and state.

⁴⁰ For additional information, see CRS Report RL32989, Accreditation and the
Reauthorization of the Higher Education Act, by Rebecca R. Skinner and Jody Feder.

Part I: Pilot Parent PLUS Loan Auction Program. Part I, added to the
HEA by the CCRAA, authorizes the Secretary to implement a pilot student loan
auction program for FFEL program parent PLUS loans beginning July 1, 2009.
Under the program, auctions will be held in each state and lenders will bid on the
minimum amount of subsidization they will accept to obtain rights to originate parent
PLUS loans in that state.
Amendments to Pilot Parent PLUS Loan Auction Program. The
program is amended: to require lenders, at the time of submitting bids to participate
in the program for a particular state, to make a commitment that if theirs is the
winning bid, they will enter into an agreement with the Secretary to originate parent
PLUS Loans in that state; to specify penalties for lenders with a winning bid that fail
to enter into an agreement with the Secretary; to specify that GAs are responsible for
administering federal loan insurance on parent PLUS Loans made under the program;
and to require an evaluation of the program.
Title V: Developing Institutions
Title V establishes programs that make available support for Hispanic Serving
Institutions (HSIs), similar to those described under the Title III heading, above.
Part A: Hispanic Serving Institutions. The HEOA amends the allowable
uses of funds for HSI grants to include remedial and English language instruction,
financial literacy counseling, and articulation agreement facilitation.
Part B: Postbaccalaureate Opportunities for Hispanic Americans.
The HEOA establishes a new Title V program, to be designated Title V, Part B, to
be called Promoting Postbaccalaureate Opportunities for Hispanic Americans
(PPOHA). HSIs that offer postbaccalaureate certificate or degree programs are
eligible grantees, with funds to be used for a variety of activities to support expansion
of graduate programs, including construction and student financial assistance. Under
Title VIII, Part AA, $11.5 million per year is appropriated for the program for
FY2009 through FY2014, as shown in Appendix A.
Part C: General Provisions. In addition to technical amendments, the
HEOA increases the authorization of appropriations for Title V; see Appendix A.
Title VI: International Education Programs
Title VI authorizes a variety of grants to IHEs and related entities to enhance
instruction in foreign language and area studies. The international education program
reflects the special priority placed by the federal government on foreign language and
area studies, especially with respect to diplomacy, national security, and trade
competitiveness. In addition to the Title VI amendments below, note that the HEOA
also establishes a new Deputy Assistant Secretary for International Education through
an amendment to the Department of Education Organization Act (see Title IX,
below).

Part A: International Education Programs. Authorized Part A programs
include Language and Area Centers, International Studies and Foreign Languages,
and Research Centers Abroad. The HEOA amends these programs’ purposes as well
as application, evaluation, and other administrative requirements of these programs.
The HEOA also makes certain undergraduate students eligible for Language and
Area Studies Fellowships and redistributes how funds appropriated for Title VI, Part
A are to be allocated to each program.
Part B: Business and International Education Program. Authorized
Part B programs include International Business Education Centers and Business and
International Education Projects. The HEOA amends the programs’ purposes and
grantee assurances to “encourage the advancement and understanding of
technology-related disciplines, including manufacturing software systems and
technology management” and requires grantees to provide an assurance that “diverse
perspectives will be made available to students.”
Part C: Institute for International Public Policy. Part C establishes the
Institute for International Public Policy which provides a grant to a consortium of
certain minority-serving institutions to support the preparation of underrepresented
minority students for international and foreign service careers. The HEOA clarifies
eligibility criteria so as to include all institutions eligible for assistance under Title
III, Parts A and B, and Title V. The act also authorizes financial assistance under
Part C consisting of summer stipends and Ralph Bunche Scholarships.
Part D: General Provisions. Part D contains provisions that define terms
used in Title VI. In addition to adding a new Title VI program under Part D, the
HEOA amendments give the Secretary authority to waive the Title VI grant
programs’ matching requirements under certain conditions and revise assessment and
reporting requirements.
Science and Technology Advanced Foreign Language Education
Grant Program. The HEOA establishes a new program authorizing the Secretary
to award competitive grants to IHEs to develop programs that teach foreign
languages and emphasize understanding of science and technology; foster
international scientific collaboration; and provide professional development to K-12
teachers.
Title VII: Graduate and
Postsecondary Improvement Programs
Programs authorized under Title VII, Part A are focused on supporting specific
graduate and professional degrees. Note that other aid programs targeted toward
graduate education are authorized elsewhere in the HEA, including Title VIII, Part
G, Mink Fellowships, described below. Title VII, Part B authorizes the Fund for the
Improvement of Postsecondary Education (FIPSE). Finally, Title VII, Parts D and
E authorize other programs related to educating students with disabilities, and
outreach and grant assistance.

Part A: Graduate Education. Title VII, Part A authorizes programs to
support graduate education.⁴¹ Amendments under the HEOA include a requirement
that representatives from IHEs receiving grants under Titles III or V be represented
on the Jacob K. Javits Fellows Program Fellowship Board; new requirements for
designating areas that qualify under for Graduate Assistance in Areas of National
Need; an expansion of allowable services to include secondary school students (to
be called “Associates,” as opposed to the undergraduate “Fellows”) under the
Thurgood Marshall Legal Educational Opportunity Program; and a sense of Congress
statement encouraging Title VII, Part A institutions to voluntarily establish an inter-
institution monitoring organization to address the under-representation by race,
ethnicity, and gender in higher education faculty and administration. In addition, a
new subpart is established, which creates the two new programs described below.
Master’s Degree Programs at Historically Black Colleges and
Universities. The HEOA establishes a new program to support Master’s Degree
Programs at HBCUs (MDP-HBCU). Grants are for a minimum of $500,000 and
must be matched with non-Federal funds if over $1,000,000. Unlike other Title VII,
Part A programs that are open to all IHEs meeting specified criteria, MDP-HBCU⁴²
delineates the 18 specific institutions that are eligible for the program. Grants may
be used for a wide variety of activities to support master’s degree programs in STEM
and health fields. Title VIII, Part AA specifies a mandatory appropriation for the
program of $9 million per year for FY2009 through FY2014 (enough for each
eligible IHE to receive the minimum grant).
Master’s Degree Programs at Predominantly Black Institutions. The
HEOA establishes a new program to support Master’s Degree Programs at PBIs
(MDP-PBI). MDP-PBI grants have the same minimums, matching requirements, and
purposes as MDP-HBCU grants. The MDP-PBI program delineates the 5 specific
institutions that are eligible for grants.⁴³ Title VIII, Part AA appropriates to the
program $2.5 million per year for FY2009 through FY2014 (enough for each eligible
IHE to receive the minimum grant).
Part B: Fund for the Improvement of Postsecondary Education
(FIPSE). Title VII, Part B authorizes FIPSE, whose purpose is to broadly encourage
the reform, innovation, and improvement of postsecondary education.⁴⁴ The HEOA

⁴¹ For additional information, see CRS Report RS21436, Graduate Fellowship Programs
Under Title VII of the Higher Education Act (HEA): Background and Reauthorization, by
Bonnie F. Mangan.
⁴² MDP-HBCU eligible institutions are Albany State, Alcorn State, Claflin, Coppin State,
Elizabeth City State, Fayetteville State, Fisk, Fort Valley State, Grambling State, Kentucky
State, Mississippi Valley State, Savannah State, South Carolina State, Virginia State, West
Virginia State, Wilberforce, and Winston-Salem State Universities and the University of
Arkansas, Pine Bluff.
⁴³ MDP-PBI eligible institutions are Chicago State University, Columbia Union College,
Long Island University - Brooklyn, Robert Morris College, and York College - The City
University of New York.
⁴⁴ For additional information, see CRS Report RS21653, Fund for the Improvement of
(continued...)

adds five purposes for FIPSE grants and contracts and adds to areas of national need
for the purpose of awarding grants for FIPSE Special Projects. In addition, HEOA
establishes a priority in FIPSE grant competitions to IHEs using green building
standards and creates two programs under FIPSE.⁴⁵
New Uses for FIPSE and FIPSE Special Project Awards. The HEOA
establishes new allowable uses for FIPSE grants, including reforms in remedial
education, partnerships between high schools and colleges to increase late-entering
limited English proficient students to pursue postsecondary education,
interdisciplinary programs on poverty with service-learning components,
demonstration programs for housing homeless and foster youth during periods when
college dorms are closed, and promoting cultural diversity in the entertainment
industry.
Center for Best Practices to Support Single Parent Students. The
HEOA establishes a new program authorizing a competitive grant or contract to an
IHE to establish and maintain a center to study and develop best practices for IHEs
to support single parents who are themselves students.
Scholarship Program for Family Members of Veterans or Members
of the Military. The HEOA establishes a new program authorizing a competitive
contract to a nonprofit organization to provide postsecondary education scholarships
to children and spouses of military service members who are on active duty during
a war, military operation, or national emergency, or of veterans who served since
September 11, 2001, and who were killed or disabled while serving. Scholarships
are to be need-based and up to a maximum of $5,000.
Part D: Programs to Provide Students with Disabilities with a
Quality Higher Education. The HEOA repeals Title VII, Part D,⁴⁶ which
provided for demonstration projects, and replaces it with several programs related to
postsecondary education for students with disabilities. Specific statutory language
prohibits Title VII, Part D programs from reducing or expanding any rights or
obligations established under the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990, the Individuals with Disabilities Education Act, the
Developmental Disabilities Assistance and Bill of Rights Act of 2000, or state laws.
Demonstration Projects to Support Postsecondary Faculty, Staff,
and Administrators in Educating Students with Disabilities. The HEOA
establishes a new competitive grant or contract program for model demonstrations,
technical assistance, and professional development relating to teaching methods,

⁴⁴ (...continued)
Postsecondary Education: Background and Funding, by Bonnie F. Mangan.
⁴⁵ Although not programmatically related to other FIPSE activities, the two new programs
are added as subsections of HEA, § 741 (which describes the allowable purposes of FIPSE
grants) and therefore these programs share an appropriation authorization with FIPSE.
⁴⁶ The HEAO also repeals Title VII, Part C: Urban Community Service; however, the act
does not replace Part C.

secondary-postsecondary transitions, research, distance learning, developing career
pathways, professional development, and accessibility.
Transition Programs for Students with Intellectual Disabilities into
Higher Education. The HEOA establishes a new competitive grant program for
IHEs, or IHEs in partnership with vocational rehabilitation agencies, to create model
transition programs to postsecondary education for students with intellectual
disabilities. Grant activities include academic enrichment, extracurricular
participation, and campus housing integration. Federal funds must be matched by
non-federal funds at a 3 to 1 ratio.
Programs to Support Improved Access to Materials. The HEOA
establishes two new programs to improve accessibility of course materials. It creates
for the Secretary an Advisory Commission on Accessible Instructional Materials in
Postsecondary Education for Students with Disabilities, to conduct a study and issue
recommendations within a year to improve accessibility of instructional materials for
postsecondary education students with print disabilities. The act also creates a
competitive grant or contract program for Model Demonstration Programs to Support
Improved Access to Postsecondary Instructional Materials for Students with Print
Disabilities, available to eligible partnerships of IHEs and expert organizations.
National Technical Assistance Center and Coordinating Center. The
HEOA establishes two new programs to provide technical assistance and information
to students, their families, and Title VII, Part D grantees. The Secretary is authorized
to award a grant, contract, or cooperative agreement to an IHE, nonprofit
organization, or partnership to support a National Center for Information and
Technical Support for Postsecondary Students with Disabilities. The Center will
build a web-based database of information on disability services in higher education
and will provide other support, assistance, and information to students and families
relating to IHEs’ disability support services. The Secretary is also authorized to
award a cooperative agreement to create a Coordinating Center for IHEs offering
inclusive comprehensive transition programs for students with intellectual
disabilities. The Coordinating Center will offer technical assistance, evaluation
protocols, program development assistance, and other services; and will convene a
working group to make recommendations to NACIQI on accreditation standards for
such programs.
Part E: College Access Challenge Grant Program. Title VII, Part E
was added to the HEA by the CCRAA. The CCRAA provided mandatory funding
for the program for FY2008 and FY2009. The HEOA amended the College Access
Challenge Grant program to also authorize discretionary appropriations for FY2009
through FY2014. As discussed above (see Title I), the HEOA also established a new
state maintenance of effort (MOE) requirement at HEA, § 137 under which states
would lose eligibility to participate in the program for failure to meet the MOE.
Authorizations of appropriations for the College Access Challenge Grant program
are shown in Appendix A.

Title VIII: Additional Programs
Additional HEA Programs. The HEOA adds a new title to the HEA, “Title
VIII — Additional Programs,” which includes 27 new Parts, each establishing one
or more new programs. Each of these newly authorized programs would be funded
through discretionary appropriations. These new programs are each briefly described
below.
Part A: Project GRAD. Part A authorizes the Secretary to enter into a
contract with the nonprofit organization Project GRAD USA to provide support for
programs that assist in secondary-to-postsecondary education transitions,
implemented through a series of subcontractors that must match federal funds
received.
Part B: Mathematics and Science Scholars Program. Part B
authorizes the Secretary to award competitive grants to states to provide support and
scholarships for students pursuing STEM or health fields. Freshmen students are
eligible for the “Mathematics and Science Scholars Program” and upperclass students
are eligible for an additional four years of the “STEM or Health-Related Scholars
Program” — each of which provides up to $5,000 per year.
Part C: Business Workforce Partnerships for Job Skill Training in
High-Growth Occupations or Industries. Part C authorizes the Secretary to
award competitive grants to partnerships of IHEs, employers, and labor organizations
to provide job training in high-growth fields and to strengthen degree programs to
meet workforce needs.
Part D: Capacity for Nursing Students and Faculty. Part D authorizes
the Secretary to award competitive grants to IHEs to expand associate, baccalaureate,
and graduate nursing programs. Grants may be used to purchase technology, conduct
assessments, and provide scholarship support for students wishing to become nursing
faculty.
Part E: American History for Freedom. Part E authorizes the Secretary
to award competitive grants to IHEs to establish or strengthen programs or centers
related to traditional American history, free institutions, and Western civilization.⁴⁷
Grants may be used to design and implement academic programs, materials, research,
fellowships, teacher preparation, school partnerships, and dissemination.
Part F: Teach for America. Part F authorizes the Secretary to award a
directed grant to Teach for America, Inc. to expand its program of recruiting,
selecting, training, and supporting new teachers. Such teachers are to be placed in
high-need schools.

⁴⁷ hese terms are defined in statute. Traditional American history means key constitutional,
political, intellectual, economic, and diplomatic trends, issues, events, and individuals. Free
institutions refers to democracy, constitutional government, individual rights, market
economics, religious rights, and freedom of thought and inquiry.

Part G: Patsy T. Mink Fellowship Program. Part G authorizes the
Secretary to award grants to IHEs to make fellowship awards to assist minority and
women students acquiring doctoral and other terminal degrees for entering the
professoriate. Not less than 30% of funds must be awarded to IHEs eligible for
grants under Titles III and V. Fellows must subsequently be employed at an IHE for
one year for each year of the fellowship; failure to do so results in fellowship awards
having to be repaid through conversion to a DL program Unsubsidized Stafford
Loan.
Part H: Improving College Enrollment by Postsecondary Schools.
Part H authorizes the Secretary to award a grant to a nonprofit organization to make
postsecondary education enrollment rate data available by secondary school attended,
to carry out an assessment of 50 urban school districts and 5 rural states as to what
factors contribute to improved postsecondary education enrollment rates, and to
provide services to improve such rates in 10 districts and states (with a declining
federal share of such services).
Part I, Early Childhood Education Professional Development. Part
I authorizes the Secretary to award competitive grants to states to establish a State
Task Force to develop comprehensive statewide plans for professional development
and careers for early childhood education providers, including scholarships to
students for up to $17,500.
Part J: Improving Science, Technology, Engineering, and
Mathematics Education with a Focus on Alaska Native and Native
Hawaiian Students. Part J authorizes the Secretary to award a grant to a
partnership of IHEs (including those with STEM programs and two-year IHEs) and
private organizations to develop secondary-to-postsecondary transition programs for
students in STEM fields, provide support services, and internships.
Part K: Pilot Programs to Increase College Persistence and
Success. Part K authorizes the Secretary to award competitive grants under two
programs. The Pilot Program to Increase Persistence and Success in Community
Colleges makes available grants to two-year and less than two-year IHEs to provide
scholarships (paid as a performance incentive, incrementally up to $2,000) and
counseling services. The Student Success Grant Pilot Program makes available
grants, which require a federal to non-federal match on a 3 to 1 ratio, to IHEs to
employ student success coaches for at-risk, first-year students, and for other support
activities.
Part L: Student Safety and Campus Emergency Management. Part
L authorizes the Secretary to award competitive grants, required to be matched with
non-federal funds, to IHEs and consortia of IHEs to develop emergency
communications systems, measures to improve campus safety, and mental health
service coordination with local agencies. It authorizes the Secretary to establish and
promulgate regulations for an Education Disaster and Emergency Relief Loan
Program for IHEs impacted by major disasters to help fund recovery and operations.
It also requires the Secretary, in consultation with the Secretary of Homeland
Security and the Attorney General to (1) undertake the following: disseminate model
emergency response policies; (2) develop preparation, response, and recovery

procedures for IHEs involved in disasters; and (3) provide guidance for IHEs relating
to student mental health issues with a potential to cause harm.
Part M: Low Tuition. Part M authorizes the Secretary to award formula
grants to IHEs that meet certain criteria under two programs: Rewards for Low
Tuition and Rewards for Guaranteed Tuition. For Low Tuition, IHEs must either (1)
have an annual tuition percentage increase in the lowest fifth of similar institutions,
(2) be public IHEs that have tuition in the lowest quartile of similar institutions, or
(3) be public IHEs that have a tuition increase of less than $600. Grant funds are
used to give additional grants to Pell-eligible students.
For Guaranteed Tuition, the Secretary is to give IHEs a “bonus,” again to be
used for grants to Pell-eligible students, if the institution (1) is a public IHE and
tuition is in the lowest quartile of similar institutions, or (2) the institution guarantees
to students that tuition will not increase by (a) more than $600 per year for public
IHEs, or (b) by more than the previous three-year percentage change for private IHEs.
(The guarantee must sustain for 4 succeeding years for bachelor’s degree programs
or for 1.5 succeeding years for associate’s degree programs.)
Part N: Cooperative Education. Part N authorizes the Secretary to award
competitive grants to IHEs or consortia of IHEs to develop work experiences
integrated with the academic program. Grants may support new programs up to
$500,000 or existing programs up to $75,000, and require matching funds on an
increasing basis over the course of the grant. The Secretary is also authorized to
support cooperative education demonstration projects, training centers, and research.
Part O: College Partnership Grants. Part O authorizes the Secretary to
award competitive grants to consortia of IHEs or state higher education agencies for
the purpose of developing articulation agreements, common course numbering, and
common general education curricula.
Part P: Jobs to Careers. Part P authorizes the Secretary to award
competitive grants to IHEs to improve developmental education and workforce
bridge programs.
Part Q: Rural Development Grants for Rural-Serving Colleges and
Universities. Part Q authorizes the Secretary to award competitive grants to rural-
serving IHEs or consortia of IHEs in partnership with education service agencies or
nonprofit organizations to improve postsecondary education enrollment rates for rural
secondary school students and nontraditional students, strengthen academic offerings
in high-need occupations, and provide career training in fields relevant to the regional
economy. Grants are for up to $200,000.
Part R: Campus-Based Digital Theft Prevention. Part R authorizes the
Secretary to award competitive grants or contracts to IHEs, consortia of IHEs, or
other organizations to develop programs to reduce the illegal downloading and
distribution of intellectual property.
Part S: Training for Realtime Writers. Part S authorizes the Secretary to
award competitive grants to postsecondary court reporting programs to promote

training and placement of realtime writers. Grants are for up to $1,500,000 and may
be used for need-based scholarships with a service requirement.
Part T: Centers of Excellence for Veteran Student Success. Part T
authorizes the Secretary to award competitive grants to IHEs to develop model
programs to support the academic, financial, physical, and social needs of students
who are veterans of the armed forces.
Part U: University Sustainability Programs. Part U authorizes the
Secretary, in consultation with the Administrator of the Environmental Protection
Agency, to award competitive grants to IHEs or partnerships to develop programs
and practices in energy management, greenhouse gas emissions reduction, green
building, waste management, toxics management, and other aspects of sustainability.
Grantees must match grants with nonfederal funds on a 4 to 1 ratio. Grants may be
between $250,000 and $2,000,000.
Part V: Modeling and Simulation Programs. Part V authorizes the
Secretary to award competitive grants to IHEs under two programs to (1) establish
and (2) enhance modeling and simulation degree programs. It also establishes within
ED a modeling and simulation task force to define, promote, and support the field.
Part W: Path to Success. Part W authorizes the Secretary to award
competitive grants to community colleges in partnership with juvenile detention
centers to provide counseling, training, and assistance reentering the community and
pursuing career or technical training or an associate’s degree. Students served are
youth aged 16-25 who served in or were released from a detention center, with a
priority to serve youth with gang-related convictions.
Part X: School of Veterinary Medicine Competitive Grant Program.
Part X authorizes the Secretary of Health and Human Services to award competitive
grants to schools of veterinary medicine or other schools offering graduate training
or residency for veterinarians to increase the number of veterinarians with
specializations in public health practice areas.
Part Y: Early Federal Pell Grant Commitment Demonstration
Program. Part Y authorizes the Secretary to award competitive grants to four state
agencies to pay administrative costs associated with participating in a demonstration
program under which the Secretary makes Pell Grant commitments to two cohorts
of 10,000 eighth grade students, each of whom are eligible for free or reduced price
lunch. State grantees and local education partners are to conduct a targeted
information and outreach campaign.
Part Z: Henry Kuualoha Giugni Kupuna Memorial Archives. Part Z
authorizes the Secretary to award a grant to the University of Hawaii Academy for
Creative Media to establish the Archives, collect Native Hawaiian historical data,
support related programs, create materials, provide outreach and other services, and
to fund scholarships.
Part AA: Masters and Postbaccalaureate Programs. Part AA directs
the appropriation of mandatory funding for FY2009 through FY2014. As shown in

Appendix A, $9 million per year is appropriated for Masters Degree Programs at
Historically Black Colleges and Universities (Title VII, Part A), $2.5 million per year
for Masters Degree Programs at Predominantly Black Institutions (Title VII, Part A),
and $11.5 million per year for Promoting Postbaccalaureate Opportunities for
Hispanic Americans (Title V, Part B).
Additional HEOA Programs. Title VIII also establishes two programs as
a part of the HEOA. As these provisions do not amend the HEA, these programs will
not be codified within the HEA.
National Center for Research in Advanced Information and Digital
Technologies. Part AA establishes a nonprofit research corporation to harness the
capacity of technology to improve all levels of learning and education. The Center
is to have a board whose members are to be appointed by the Secretary with the
advice of Congressional leadership. Funds are authorized to be appropriated for a
directed grant to the center.
Pilot Grant Program for Course Material Rental. Part AA also
authorizes the Secretary to establish a competitive grant program to award 10 grants
to IHEs to pilot bookstore programs of renting course materials and books to
students.
Other Provisions of the HEOA
Three additional titles of the HEOA do not amend the HEA. Title IX amends
and reauthorizes appropriations to several other higher education-related laws. Title
X amends other laws in relation to private student loans. Finally, Title XI mandates
studies and reports to be conducted by various entities and submitted to Congress.
Title IX: Amendments to Other Laws
The HEOA amends several laws related to higher education, but separate from
the HEA. The HEOA also reauthorizes laws related to education of the deaf, Indian
education, and programs established under previous HEA amendments.
Part A: Education of the Deaf Act of 1986. The HEOA names the center
for elementary and secondary education programs at Gallaudet University the Laurent
Clerc National Deaf Education Center and establishes education and assessment
requirements for the center. It establishes a new Cultural Experiences Grants
program, authorizing the Secretary to award competitive grants or contracts to
provide students with cultural, educational, and social experiences. The act also
amends international student provisions for the National Technical Institute for the
Deaf and expands previous provisions requiring the Secretary to conduct a study on
education of the deaf to now require the establishment of a commission on the
education of the deaf. It also includes other technical amendments to the Education
of the Deaf Act, and extends its authorization through FY2014.

Part B: United States Institute of Peace Act. The HEOA makes
technical amendments and extends authorization through FY2014.
Part C: Higher Education Act Amendments of 1992 and of 1998;
Department of Education Organization Act. The HEOA repeals from
previous higher education amendments several programs and provisions, including
prior studies, Community Scholarship Mobilization; Improving United States
Understanding of Science, Engineering, and Technology in East Asia; Web-Based
Education Commission; and a Sense of Congress statement regarding good character.
It also makes significant amendments to the Grants to States for Workplace and
Community Transition Training for Incarcerated Individuals program and the
Underground Railroad Educational and Cultural Program, and extends their
authorizations through FY2014. The HEOA extends the authorization for Olympic
Scholarships through FY2014.
International and Foreign Language Education. The HEOA amends
the Department of Education Organization Act to establish within the Office of
Postsecondary Education the position of Deputy Assistant Secretary for International
and Foreign Language Education.
Part D: Tribally Controlled Colleges or Universities Assistance Act
of 1978; Navajo Community College Act. The HEOA reauthorizes the Tribally
Controlled Colleges or Universities Assistance Act of 1978 through FY2014, and
makes amendments to definitions, continuing education, accreditation, and other
provisions. For grants to TCCUs, the act increases the per student allotment from
$6,000 to $8,000, to be adjusted in the future for inflation. It also adds a new Title
V, Tribally Controlled Postsecondary Career and Technical Institutions,⁴⁸ which
provide grants to the United Tribes Technical College and the Navajo Technical
College. The HEOA also makes technical amendments to the Navajo Community
College Act and extends its authorization through FY2014.
Part E: Omnibus Crime Control and Safe Streets Act of 1968.
Loan Repayment for Prosecutors and Public Defenders. The
Omnibus Crime Control and Safe Streets Act of 1968 is amended to establish a loan
repayment program, under which the Attorney General may assume the obligation
to repay up to $10,000 per year, and a maximum of $60,000, on federal student loans
made under FFEL, DL and Perkins Loan programs (other than PLUS Loans
borrowed on behalf of a dependent student) for borrowers who enter into agreements
to serve as prosecutors or public defenders for at least three years. The program is
authorized to be funded at $25 million for FY2009; and such sums as may be
necessary for FY2010-FY2014.

⁴⁸ This program is similar to the identically-titled Tribally Controlled Postsecondary Career
and Technical Institutions program authorized under § 117 of the Carl D. Perkins Career and
Technical Education Improvement Act of 2006 (P.L. 109-270). The HEOA makes
amendments to this section of the Perkins Act, but does not repeal the program.

Part F: Institutional Loan Repayment Assistance Programs.
Institutional Loan Forgiveness for Federal and District of Columbia
Government Employees. This provision of the HEOA specifies that,
notwithstanding any other provision of law, IHEs are authorized to provide financial
assistance to current and former students who are officers or employees of the United
States government, or of the District of Columbia, for the purpose of repaying a
student loan or providing forbearance.⁴⁹ Such assistance must be provided in
accordance with a published written policy of the institution addressing loan
repayment or forbearance for current and former students who perform public
service. Note that this provision does not amend any law.
Part G: Stevenson-Wydler Technology Innovation Act of 1980. The
HEOA establishes the Minority Serving Institution Digital and Wireless Technology
Opportunity Program, authorizing the Secretary to award grants or contracts to IHEs
to acquire and build capacity for using digital and wireless networking technologies.
Title III and Title V MSIs and minority institutions (IHEs enrolling more than 50%
of any minority group) are eligible to apply for these grants.
Title X: Private Student Loan Transparency
and Improvement Act of 2008
Title X amends the Truth in Lending Act (TILA), the Community Reinvestment
Act of 1977 (CRA), and Title I, Part E of the HEA (discussed above), with respect
to education loans. It also establishes new requirements for the Financial Literacy
and Education Commission.
Amendments to the Truth in Lending Act. The HEOA amends the TILA
with respect to private education loans. These amendments are described below.
Private Education Loans Subject to the Truth in Lending Act. The
HEOA amends the TILA to make it applicable to all private education loans (i.e.,
loans not made, insured, or guaranteed under Title IV of the HEA; and that are issued
expressly for expenses included as part of a student’s COA), regardless of the amount
of such loans. Lenders of private education loans are prohibited from directly or
indirectly offering or providing gifts to an IHE or its employees in exchange for any
advantage related to the business of making private education loans; from engaging
in revenue sharing with an IHE; and from co-branding with an IHE in the marketing
of private education loans. Employees of the financial aid office of an IHE, or who
otherwise have responsibilities with respect to private educational loans, and who
serve on an advisory board, commission, or group established by a lender of private
education loans are prohibited from receiving anything of value from the lender,
except for the reimbursement of reasonable expenses incurred as a result of such
service. Lenders of private education loans are also prohibited from imposing pre-
payment penalties on borrowers.

⁴⁹ For additional information, see CRS Report RL31102, Student Loan Repayment for
Federal Employees, by Barbara L. Schwemle and Lorraine H. Tong.

Requirements for Private Education Loans under TILA. The HEOA
amends the TILA to require lenders of private education loans to disclose to
borrowers detailed information about the terms and conditions of loans, and the right
to cancel within three days of consummation, in applications and solicitations, at the
time of loan approval, and at the time of consummation. Borrowers of private
education loans must be provided 30 days to accept the terms and conditions of the
loan and to consummate the transaction, with no changes (other than adjustments to
interest rates based on an index). Lenders are also prohibited from consummating
private education loans without first obtaining private education loan self-
certification forms (specified under HEA Title I, Part E) from borrowers.
Civil liability under the Truth in Lending Act. The HEOA amends the
Truth in Lending Act to subject lenders of private educational loans to civil liability
for the failure to disclose required information about the terms and conditions of
private education loans, including the right to cancel. Borrowers of private
educational loans may sue for damages regarding violations of the terms of disclosure
until one year following the date on which the first payment of principal is due.
Amendments to the Community Reinvestment Act of 1977. The
HEOA amends the CRA as follows.
Community Reinvestment Act Credit for Low-Cost Loans. The CRA
is amended to require federal financial supervisory agencies to consider low-cost
education loans made to low-income borrowers as a factor in assessing the record of
a financial institution in meeting the credit needs of its entire community (including
low-and moderate-income neighborhoods, consistent with the safe and sound
operation of such institution).⁵⁰
Financial Literacy and Education Commission. The HEOA requires the
Financial Literacy and Education Commission to identify programs that promote or
enhance financial literacy for college students, evaluate the effectiveness of those
programs, promote those that are most effective, and encourage IHES to implement
effective financial education programs. The Commission is also required to report
to Congress on the state of financial literacy at IHEs.
Title XI: Studies and Reports
In addition to performance reporting requirements and formal evaluations
mandated for the various programs of the HEA, The HEOA authorizes 24 studies and
reports to be conducted by the following designated entities:
Government Accountability Office.
^!Study on Foreign Graduate Medical Schools
^!Employment of Postsecondary Education Graduates
^!Study on IPEDS

⁵⁰ For additional information on the requirements of the Community Reinvestment Act, see
CRS Report RL34049, Community Reinvestment Act: Regulation and Legislation, by Walter
W. Eubanks.

^!Report on Proprietary IHEs
^!Endowment Report
^!Study on Regional Sensitivity in the Needs Analysis Formula
^!Study on the Financial and Compliance Audits of the Federal
Student Loan Program
^!Study and Report on Nonindividual Information
^!Feasibility Study for Student Loan Clearinghouse
^!Study on Department of Education Oversight of Incentive
Compensation Ban
National Academy of Sciences.
^!Analysis of Federal Regulations on IHEs
^!Independent Evaluation of Distance Education Programs
^!Review of Costs and Benefits of Environmental, Health, and Safety
Standards
^!Study on Bias in Standardized Tests
^!Study on Teaching Students with Reading Disabilities
^!Nursing School Capacity
Secretary of Education.
^!Report and Study on Articulation Agreements
^!Study of Minority Male Academic Achievement
^!Study of Correctional Postsecondary Education, in consultation with
the Secretary of Labor and the Attorney General
^!Study of Aid to Less-than-Half-Time Students
^!Study of the Impact of Student Loan Debt on Public Service, in
consultation with the Office of Management and Budget and
coordination with the National Academy of Public Administrators
or the American Society for Public Administration
^!Report on Income Contingent Repayment Through the Income Tax
Withholding System, with the Secretary of the Treasury
^!Developing Additional Measures of Degree Completion
^!Summit on Sustainability, in consultation with the Administrator of
the Environmental Protection Agency

Appendix A. Authorizations of Appropriations
Under the Higher Education Act, as Amended
As discussed throughout this report, the HEOA amended the HEA to extend
funding authorization for previously established HEA programs and to authorize the
appropriation of funds for newly established programs. Table A-1 presents
information on the authorization of appropriations for HEA programs and activities,
as amended by the HEOA. It also presents information on higher education programs
that are not part of the HEA, but that are established under related acts: the HEOA,
the Higher Education Amendments of 1998 (P.L. 105-244), and the Higher
Education Amendments of 1992 (P.L. 102-325).
Table A-1 lists, by title and part, programs for which funds are authorized to be
appropriated under the HEA or related acts. For each program, the table identifies
the section of the act under which the appropriation of funds is authorized for the
program; whether the program is a continuing program (C) that had been authorized
under the HEA or a related act prior to reauthorization, or is newly established (N)
by the HEOA; and whether appropriations for the program are discretionary (D) or
mandatory (M). For continuing programs, the table also shows the amount of
funding that was provided for FY2008; notations of “n/a” for new programs mean
that FY2008 amounts are not applicable. For all programs, the table shows the
amount of funding authorized to be appropriated for FY2009 through FY2017, as
applicable. Appropriations figures are shown in thousands of dollars; the phrase
“such sums” indicates that the amount authorized to be appropriated for a particular
fiscal year is such sums as may be necessary. In general, in the absence of legislation
to extend or repeal a program in the HEA, the authorization of appropriations would
be extended for one additional fiscal year under § 422 of the General Education
Provisions Act (GEPA, P.L. 90-247). Therefore, although most HEA program
authorizations will expire in FY2014, GEPA will automatically extend these
authorizations to FY2015. (The table, however, does not reflect this extension.)
Note that for programs with both discretionary and mandatory components, the
discretionary authorization is in addition to mandatory amounts. Mandatory funds
may flow under the authority of a particular program, but the funding provision may
limit uses of funds. For example, HSI funds are available to HSI-eligible institutions
(as defined by Title V, Part A), but for limited purposes of promoting science
programs and articulation agreements (described under Title III, Part F, § 371).
Mandatory appropriations made under Title III, Part F (§ 371); Title IV, Part A (§
401); and Title VII, Part E (§ 781) were added by the CCRAA and were amended by
the HEOA. Mandatory appropriations made under Title VIII, Part AA (§ 898) were
added by the HEOA.

CRS-50
Table A-1. Authorizations of Appropriations Under the Higher Education Act, as Amended, FY2009-FY2017
($ in thousands)
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^:^G^e^{neral Provis}ⁱ^ons
^{e I}^,^{Part B: A}^d^dⁱ^ti^on^al^G^eⁿ^eral^Provi^sⁱ^on^s
^o^ho^l^{& D}^r^{ug A}^b^use^§¹²⁰^C^D⁶^,⁰¹⁷^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^en^tion^Gran^ts
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^ealed^f^{acilities lo}^an^C^M²³²^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s
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CRS-51
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^I^:^T^e^{acher Q}^u^{ality E}^nhancem^ent
^I^,^{Part A: T}^e^{acher Q}^u^{ality Partners}^{hip G}^r^ants
ⁿ^e^rs^hⁱ^{p G}^r^an^t^s^{§ 209}^C^D^33,662^300,000^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
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CRS-52
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^l^e^III:^Inst^it^ut^io^na^{l Aid}
^l^e^III,^P^a^r^t^A:^St^r^eⁿ^g^t^he^ning^Inst^it^ut^io^ns
^g^t^h^eⁿⁱⁿ^g^In^s^titu^tion^s^{§ 399}^C^D^78,146^135,000^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
^ally^Coⁿ^t^r^o^lled^§³⁹⁹^C^D²³^,¹⁵⁸³⁰^,⁰⁰⁰^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
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CRS-53
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^l^e^III,^P^a^r^t^B^:^St^r^eⁿ^g^t^he^ning^Hⁱ^st^o^r^ic^a^lly^B^l^a^c^k^Co^lle^g^e^{s a}^{nd Univ}^e^r^s^it^ie^s
^t^orically^B^l^ack^{§ 399}^C^D^238,095^375,000^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
^e^{s an}^d^Un^iv^er^sities^§³⁷¹^M⁸⁵^,⁰⁸⁵^,⁰^-------
^t^orically^B^l^ack^{§ 399}^C^D^56,903^125,000^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
^u^a^{te I}ⁿ^stitu^tioⁿ^s
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^m^o^tioⁿ^o^f^En^tr^yⁱⁿ^to
^M^Field^s^N

CRS-54
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^eadin^es^s^f^o^r
^radu^at^{e Prog}^ram^s
^R^UP⁾

CRS-55
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^{ice in}^A^r^eas^of
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CRS-56
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^cellatioⁿ^s

CRS-57
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
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^ge^P^r^o^g^r^a^m^s^[In^c^l^u^des
^T^{itle VI}^,
^Pa^r^t^B]

CRS-58
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
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^l^{e VI, P}^a^rt^B^:^B^u^{siness a}^{nd Int}^erna^t^io^na^{l Educa}^t^io^{n P}^r^o^g^r^a^m^s
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^{ss E}^d^uc^a^tioⁿ^w^ith^T^itle
^{VI, P}^a^{rt A}^]^{ss & I}ⁿ^te^rⁿ^a^tio^na^l^§⁶¹⁴^C^D^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
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^r^a^m^s
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^le^ak^{t P}^r^o^g^ram
^://wiki
^h^ttp

CRS-59
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
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CRS-60
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^l^{e VII, P}^a^rt^B^:^F^{und f}^o^{r t}^h^{e Im}^pro^v^e^m^e^nt^o^f^P^o^st^seco^nda^ry^Educa^t^ioⁿ
^fo^r^t^h^e^{§ 745}^C^D^$120,333^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
^em^en^t^of
^t^s^econ^d^ary^Edu^cation
^{ter f}^o^{r B}^e^s^t^P^r^actices^Nn^/^a
^u^pport^Sⁱⁿ^g^l^{e Paren}^t
^ents
^olars^h^{ip P}^r^og^ram^f^o^r^Nn^/^a
^ily^Mem^b^er^{s o}^f
^e^ran^s^{or Mem}^b^ers^of
ⁱ^{ki/CRS-RL34654}^y
^g/w^l^{e VII, Pa}^rt^D:^Pro^g^r^a^m^{s t}^o^Pro^vⁱ^{de St}^udent^{s w}ⁱ^t^h^Disa^bilit^{ies w}ⁱ^t^h^a^Q^u^a^lit^y^Hⁱ^g^h^{er Educa}^t^ioⁿ
^s^.or^oⁿ^s^t^r^atⁱ^oⁿ^Proj^ect^s^{§ 765}^C^D^6,755^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
^le^ak^sitioⁿ^P^r^o^g^r^a^m^s^§⁷⁶⁹^N^Dⁿ^/^a^s^u^c^h^su^m^s^su^ch^su^m^s^su^ch^su^m^s^su^ch^su^m^s^su^ch^su^m^s^su^ch^su^m^s^-^-^-
^://wiki^e^{ss to}^M^a^te^rⁱ^a^l^s^§⁷⁷⁵^Dⁿ^/a^suc^h^sum^s^suc^h^su^m^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^h^ttpⁱ^s^ory^C^o^m^mⁱ^s^sⁱ^on^N
^cces^sⁱ^bl^e
^u^ctioⁿ^a^{l Mater}ⁱ^als
^d^e^{l Dem}^oⁿ^s^tr^atioⁿ^N
^r^a^m^s
ⁿ^a^{l Cen}^t^er^s^{§ 778}^Dⁿ^/a^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-

^a^{l T}^echⁿⁱ^cal^N
ⁱ^s^t^an^{ce C}^eⁿ^t^er
^o^r^dⁱ^na^tⁱ^{ng Ce}^nt^e^r^N

CRS-61
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^{e V}^I^I^,^{Part E}^:^C^o^l^l^e^{ge A}^cces^s^C^h^al^l^eⁿ^g^{e G}^r^an^{t Program}
^e^A^{ccess Ch}^allen^g^e^{§ 781}^C^M^66,000^66,000^-------^-
^ts^§⁷⁸¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^l^e^VIII:^Additⁱ^oⁿ^a^l^P^r^o^g^r^a^m^s
^t^A^-^P^r^o^j^e^c^t^GRA^D^§⁸⁰¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^t^B^-^Math^em^{atics an}^d^§⁸⁰²^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^lar^s
^t^C-B^u^sine^ss^§⁸⁰³^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^f^o^{rce P}^a^rtⁿ^e^rs^hⁱ^ps
ⁱ^{ki/CRS-RL34654}^o^b^Sk^{ill T}^r^ainⁱⁿ^g
^g/w^t^D-^Cap^acity^f^o^r^§⁸⁰⁴^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^s^.or^sⁱ^{ng St}^ud^eⁿ^t^s^aⁿ^d
^le^ak^lty
^A^m^erican^His^t^ory^§⁸⁰⁵^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^://wiki^r^eedom
^h^ttp^T^each^f^o^{r A}^m^erica^§⁸⁰⁶^N^Dⁿ^/^a^20,000^25,000^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^s^u^ch^s^u^m^s^-^-^-
^t^G^-^Pa^t^s^y^T^.^Mⁱⁿ^k^§⁸⁰⁷^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^w^s^hⁱ^p
^H^-^Im^provⁱⁿ^g^§⁸⁰⁸^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^e^En^r^o^llm^en^{t b}^y
^t^s^econ^d^ary^Sch^ools
^I-^Earl^y^C^hⁱ^l^d^h^ood^§⁸¹⁸^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-

^cation^P^r^of^es^sⁱ^on^al
^e^l^opm^en^t

CRS-62
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^J-^Im^provⁱⁿ^g^S^T^EM^§⁸¹⁹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^catioⁿ^w^ith^{a Fo}^cu^s
^l^as^k^a^Nativ^{e an}^d
^{e Haw}^a^iian^Stu^d^en^ts
^t^K-^P^ilo^{t P}^r^o^g^r^a^m^s^to^§⁸²⁰^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^{e C}^o^lleg^e
^is^ten^{ce an}^{d Su}^cces^s
^t^L^-^Stud^{ent Saf}^e^ty^and^§⁸²¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^p^{us E}^m^e^r^ge^nc^y
^na^ge^m^e^nt
ⁱ^{ki/CRS-RL34654}^t^L^-^E^d^uc^a^tio^{n Disa}^ste^r^erg^eⁿ^c^y^R^e^lief^§⁸²⁴^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-
^g/wⁿ^P^r^o^g^r^a^m
^s^.or
^le^ak^In^cen^tiv^es^an^d^§⁸³⁰^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^a^r^d^{s f}^o^r^L^o^w^T^u^itioⁿ
^://wiki^t^N^§⁸³⁵^Dⁿ^/a^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^h^ttp^t^s^f^o^{r C}^ooperatⁱ^v^e^N
^catioⁿ
^oⁿ^str^a^tioⁿ^N
^g^r^a^m^s^,^T^r^aⁱⁿⁱ^{ng a}ⁿ^d
^o^u^r^{ce C}^eⁿ^t^ers^,^an^d
^earch
^t^O-^Co^lleg^e^§⁸⁴¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^t^ne^r^s^hi^p^G^r^aⁿ^t^s
^t^P^-^J^o^b^s^to^Ca^r^e^e^r^s^§⁸⁵¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^Q-^R^u^ral^§⁸⁶¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-

^e^lo^p^m^en^{t Gr}^an^ts

CRS-63
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^t^R-Ca^m^p^us-B^a^s^e^d^§⁸⁷¹^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^{ital T}^h^ef^{t P}^r^ev^en^tioⁿ
^t^S-T^r^aⁱⁿⁱ^{ng fo}^r^§⁸⁷²^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^{e W}^r^iter^s
^t^T^-^C^eⁿ^t^e^r^s^of^§⁸⁷³^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^{ce f}^o^{r Veteran}
^d^en^{t Su}^cces^s
^t^U^§⁸⁸¹^Dⁿ^/a^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
ⁱ^v^e^r^s^ity^Su^stain^a^b^ility^N
^r^a^m^s
ⁱ^{ki/CRS-RL34654}ⁱⁿ^g^an^d^N
^g/w^u^latioⁿ^T^a^sk^Fo^r^c^e
^s^.orⁱⁿ^g^an^d^N
^le^ak^u^latioⁿ^Estab^lish^m^en^t
^://wiki^ts
^h^ttp^-^P^a^th^{to Su}^cces^s^§⁸⁹²^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^try^Edu^cation^Gran^ts
^X^-^S^c^h^ool^of^§⁸⁹³^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^e^riⁿ^a^ry^Medi^ciⁿ^e
^p^etitiv^{e Gr}^an^ts
^Y-^Earl^y^F^e^deral^P^e^l^l^§⁸⁹⁴^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^{t Co}^m^m^itm^en^t
^oⁿ^s^tr^atioⁿ^P^r^o^g^r^a^m
^Z^-^Kapuⁿ^a^Mem^o^ri^al^§⁸⁹⁵^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-

^iv^es

CRS-64
^Program^{, b}^y^Auth.^Co^nt./^Dis^cr./^FY²⁰⁰⁸^Appro^p^.^A^u^th^ori^z^ati^oⁿ^{of A}^p^p^r^op^ri^ati^oⁿ^s^($)
^Tⁱ^{tle and Part}^Sec.^New^M^a^nd.^($)^FY²⁰⁰⁹^FY²⁰¹⁰^FY²⁰¹¹^FY²⁰¹²^FY²⁰¹³^FY²⁰¹⁴^FY²⁰¹⁵^FY²⁰¹⁶^FY²⁰¹⁷
^s^A^u^th^ori^zedⁱⁿ^A^c^ts^{to R}^e^au^th^ori^{ze an}^d^A^m^en^d^th^{e Hi}^gh^{er E}^d^u^c^ati^oⁿ^A^c^t^f
^h^{er Educa}^t^io^{n O}^ppo^rt^unit^y^Act
ⁿ^a^{l Cen}^t^er^f^o^r^§⁸⁰²^N^D^n/a^s^uc^{h sum}^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^earchⁱⁿ^A^d^v^aⁿ^ced
^r^m^atioⁿ^an^d^Dig^ital
^hno^l^o^gi^e^s
^{t Gr}^an^{t P}^r^o^g^r^a^m^f^o^r^§⁸⁰³^N^Dⁿ^/^a^s^u^c^h^s^u^m^s^s^u^c^h^s^u^m^s^------^-
^se^M^a^te^rⁱ^a^l^Re^nta^l
^{er E}^d^u^c^ati^oⁿ^A^m^en^d^m^en^ts^{of 1998}
ⁱ^{ki/CRS-RL34654}^rk^{place an}^d^m^uⁿ^ity^T^r^an^sitioⁿ^§⁸²¹^C^D²²^,³⁷²^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^suc^h^sum^s^-^-^-
^g/wⁱⁿ^g^f^o^{r In}^carcerated
^s^.or^vⁱ^du^al^s
^le^ak^rouⁿ^d^R^aⁱ^l^r^oad^{§ 841}^C^D^1,945^3,000^3,000^3,000^3,000^3,000^3,000^-^-^-
^://wiki^catioⁿ^a^{l an}^d^Cu^ltu^r^a^l^ram
^h^ttp
^{er E}^d^u^c^ati^oⁿ^A^m^en^d^m^en^ts^{of 1992}
^m^pi^{c S}^c^h^o^l^a^rs^hⁱ^ps^{§ 1543}^C^D⁹⁵³^5,000^5,000^5,000^5,000^5,000^5,000^-^-^-

CRS-65
^:^C^o^m^pⁱ^l^e^d^by^C^R^S^bas^e^d^on^t^h^e^Hⁱ^g^h^e^r^Edu^catⁱ^oⁿ^A^c^t^of^{1965 (P.L}^{. 89-}^{329), as}^am^en^ded;^t^h^{e H}ⁱ^g^h^e^{r Edu}^catⁱ^oⁿ^O^pport^uⁿⁱ^t^y^A^c^t^(P.^L^.^110-^315);^t^h^{e En}^s^u^riⁿ^g^C^oⁿ^tⁱⁿ^u^e^d
^A^c^c^e^s^s^t^o^S^t^u^d^eⁿ^t^L^o^an^s^A^c^t^(P.L^.^110-²²⁷⁾^;^t^h^e^C^o^l^l^e^g^e^C^o^s^t^R^e^d^u^c^tⁱ^oⁿ^aⁿ^d^A^cces^s^A^c^t^(P.L^{. 110-}^84);^U^.^S^.^D^e^part^m^eⁿ^t^of^Edu^catⁱ^oⁿ^,^Fⁱ^s^cal^Y^{ear 2009 Ju}^s^tⁱ^fⁱ^catⁱ^oⁿ^s^of
^A^ppropri^a^tⁱ^oⁿ^Es^tⁱ^m^at^es^t^o^t^h^{e C}^oⁿ^g^r^es^s^(F^ebru^ary^2008);^an^{d U}^.^S^.^D^e^part^m^eⁿ^t^of^Edu^catⁱ^oⁿ^,^Fⁱ^s^cal^Y^{ear 2009 C}^oⁿ^g^r^es^sⁱ^on^al^A^c^tⁱ^oⁿ^(Ju^l^y^{16, 2008).}
ⁿ^d^s^{appropriated f}^o^{r L}^E^A^P^an^{d GA}^P^g^o^fⁱ^rs^{t to L}^E^A^P^{, w}^ith^an^y^{appropriation}^s^ov^{er $30 m}^illion^{to be allocated to GA}^P^.
^undⁱ^ng^fo^r^T^E^A^C^H^G^r^an^t^sⁱ^s^{a perm}^an^en^t^,^m^aⁿ^d^at^ory^appropri^a^tⁱ^oⁿ^f^o^{r s}^u^ch^s^u^m^s^as^m^a^y^{be n}^eces^s^a^ry^t^o^provⁱ^d^{e t}^h^{e g}^r^an^t^s^t^o^al^l^elⁱ^gⁱ^b^l^e^applⁱ^can^t^s^{. In}ⁱ^t^s^F^Y^{2009 Bu}^dg^et
^J^u^s^tif^ication^s^{, th}^{e Departm}^eⁿ^t^of^Edu^cation^s^t^ates^th^at^th^e^prog^ram^’^s^bu^dg^{et w}^{ill be es}^tim^{ated as}^{a loan}^prog^ram^(w^ith^{100% f}^o^r^gi^ve^ne^ss^up^oⁿ^se^r^vⁱ^c^e^c^o^m^p^l^e^tⁱ^oⁿ⁾^aⁿ^d^t^h^a^t
^th^{e n}^e^{t pres}^en^{t v}^a^lu^{e of}^f^u^tu^{re cos}^t^s^is^es^tim^{ated at $7 m}^illion^f^o^{r FY2008 an}^{d $14 m}^illion^f^o^{r FY2009 (w}^ith^re-^e^s^tim^ates^of^prⁱ^o^r^y^e^a^r^{s t}^o^b^e^p^e^r^f^o^r^m^e^d^a^nnua^l^l^y⁾^.
^uⁿ^d^s^{are m}^a^{de av}^ai^l^a^bl^{e u}ⁿ^d^{er § 451 f}^o^{r t}^h^{e S}^ecret^ary^t^o^pu^rch^a^s^e^l^o^an^s^uⁿ^d^{er § 459A}^{. T}^h^{e S}^ecret^ary^’^s^au^t^h^ori^t^y^t^o^pu^rch^a^s^e^s^l^o^an^s^uⁿ^d^{er § 459A}^ex^pi^res^Ju^l^y^{1, 2009.}
ⁿ^d^s^f^o^{r Federal P}^e^rkⁱⁿ^s^L^o^an^can^cellation^s^{are treat}^{ed as}^di^s^c^retⁱ^oⁿ^a^ry^f^o^{r con}^g^r^es^sⁱ^on^al^bu^dg^et^pu^rpos^es^.
^{itle VIII, P}^a^{rt A}^A^m^a^k^e^s^{a m}^aⁿ^d^atory^{appropriation}^of^{$11.5 m}^illion^{per y}^{ear to be s}^h^{ared betw}^een^th^{e MDP}^-^HB^C^U^an^{d MDP}^-^P^B^{I prog}^ram^s^{. D}^u^riⁿ^g^f^l^{oor debat}^e^on^fⁱⁿ^a^l^pas^s^a^g^e
^of^th^{e H.R}^.^{4137 con}^f^eren^{ce report,}^Hou^s^e^Edu^cation^an^d^L^a^bor^C^o^m^m^{ittee C}^h^airm^an^Georg^e^{Miller s}^t^{ated f}^o^{r th}^{e record th}^{at it w}^a^{s th}^{e in}^ten^tioⁿ^o^f^th^{e co}ⁿ^f^er^{ees th}^{at th}^is
^am^ouⁿ^t^{be s}^p^{lit proportion}^a^lly^betw^een^th^{e HB}^C^U^an^{d P}^B^{I prog}^ram^s^.^T^{itle VII, P}^a^{rt A}^lis^ts^{18 IHEs}^elig^{ible f}^o^{r th}^{e MDP}^-^HB^C^U^g^r^an^ts^an^d⁵^I^H^{Es elig}^ib^{le f}^o^r^th^{e MDP}^-^P^B^I
^g^r^an^ts^{. P}^r^oportion^a^{l div}ⁱ^sⁱ^on^{, th}^en^{, w}^o^u^l^{d prov}^{ide $9 m}^illion^per^y^{ear to th}^{e MDP}^-^HB^C^U^prog^ram^an^{d $2.5 m}^illion^{per y}^{ear to th}^e^M^D^P-^PBI^pr^og^r^a^m^.
^h^es^{e prog}^ram^s^w^e^{re con}^t^ain^e^{d in}^law^s^th^{at am}^en^{ded an}^{d reau}^th^o^r^ized^th^{e HEA}^b^u^{t w}^e^r^eⁿ^o^{t th}^em^selv^{es ad}^d^e^d^to^th^e^HEA^,^so^th^ey^ar^{e sep}^a^r^a^tely^co^dⁱ^fⁱ^ed^{. Do}^{es n}^o^{t in}^clu^d^{e T}^itle
ⁱ^{ki/CRS-RL34654}^X^V^of^t^h^{e H}ⁱ^g^h^e^{r Edu}^catⁱ^oⁿ^A^m^en^dm^en^t^s^of^{1986, w}^hⁱ^c^hⁱ^s^ci^t^e^{d as}^{a s}^e^parat^e^act^:^t^h^{e “}^A^m^e^ri^can^In^di^an^{, A}^l^as^k^a^N^a^tⁱ^v^e,^an^d^N^a^tⁱ^v^e^Haw^a^iian^Cu^ltu^r^e^an^d^A^r^{t Dev}^e^lo^p^m^en^t
^g/w^A^c^{t;” th}^{e title h}^a^{s an}ⁱⁿ^d^e^fⁱⁿ^{ite au}^th^o^r^izatioⁿ^o^f^su^ch^su^m^s^{as m}^a^y^b^eⁿ^ecessary^{. A}^l^so^d^o^e^{s n}^o^{t in}^clu^d^{e p}^a^rts^o^f^T^itle^VIII^o^f^t^h^e^Hⁱ^g^h^e^{r Edu}^catⁱ^oⁿ^A^m^en^dm^en^t^s^of^{1998 w}^h^os^e
^s^.or^au^th^orization^s^h^a^v^e^ex^{pired bu}^{t th}^{at h}^a^v^eⁿ^o^{t been}^{repealed: P}^a^{rt B}^,^A^d^v^aⁿ^ced^P^l^acem^en^{t In}^cen^tiv^{e P}^r^og^ram^;^an^{d P}^a^{rt E, Gran}^ts^t^{o C}^o^m^b^{at Violen}^{t C}^r^im^es^A^g^ain^s^{t W}^o^m^eⁿ
^le^ak^on^C^a^m^p^u^s^.

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