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November 26, 2021
The Build Back Better Act (H.R. 5376): Title II Aid to Minority-
Serving Institutions

On November 19, 2021, the House passed H.R. 5376, the
Build Back Better Act (BBBA), to provide for budget
reconciliation. Title II of the BBBA contains provisions
from the House Committee on Education and Labor to
comply with the budget reconciliation directive included in
Section 2002 of Senate Concurrent Resolution 14 (117th
Congress). Within Title II, the BBBA would appropriate
approximately $9 billion for FY2022-FY2026 to support
minority-serving institutions (MSIs) through an existing
Higher Education Act (HEA) institutional aid program and
a newly authorized research and development (R&D)
infrastructure competitive grant program. Other BBBA
provisions outside of Title II would also support MSIs, but
to a much lesser extent in terms of total dollars
appropriated. This In Focus discusses the provisions in
BBBA Title II that would support MSIs.
Background on Federal Support for MSIs
under the Higher Education Act
MSIs are institutions of higher education (IHEs) that serve
high concentrations of minority students, and they tend to
have relatively low educational and general expenditures
and enroll high proportions of financially needy students.
Many MSIs have faced challenges in obtaining financial
support, affecting their ability to enhance their academic
offerings and institutional capabilities, which may
ultimately affect how they serve their students.
Title III of the HEA is one of the primary sources of federal
support to MSIs. It authorizes several grant programs
administered by the U.S. Department of Education (ED) to
assist them in strengthening their academic, administrative,
and fiscal capabilities. Under current law, these programs
are available for IHEs that serve high concentrations of
specified minority student populations, along with
Historically Black Colleges and Universities (HBCUs).
Title III-A and Title V authorize annual discretionary
appropriations for these programs. Title III-F provides
additional mandatory indefinite appropriations for many of
these grant programs. The programs supported by Title III-
F are
* Strengthening HBCUs;
* Hispanic-Serving Institutions Science Technology,
Engineering, and Mathematics and Articulation
Programs (HSI STEM);
* Strengthening Tribal Colleges and Universities (TCUs);
* Strengthening Alaska Native and Native Hawaiian-
Serving Institutions (ANNHs);

* Strengthening Predominantly Black Institutions (PBIs);
* Strengthening Asian American and Native American
Pacific Islander-Serving Institutions (AANAPISIs); and
* Strengthening Native American-Serving, Nontribal
Institutions (NASNTIs).
Some examples of authorized uses of HEA Title III-F
funds, which can vary across programs, are to support
construction, maintenance, and improvement of
instructional facilities, and the development and
improvement of academic programs.
For additional information on the MSI programs authorized
under the HEA, see CRS Report R43237, Programs for
Minority-Serving Institutions Under the Higher Education
Act, by Alexandra Hegji.
BBBA Institutional Aid
Section 20025 of the BBBA would appropriate $1.2 billion
annually for FY2022 through FY2026-in addition to the
current annual mandatory indefinite appropriations already
authorized under HEA Title III-F-for the various HEA
Title III-F MSI programs. Each Title III-F grant program
would receive a BBBA-specified allocation. Annual
mandatory appropriations provided under BBBA Section
20025 would equal about five times the FY2021 mandatory
appropriations for each of the HEA Title III-F programs.
MSIs receiving funding under BBBA Section 20025 would
be required to use funds for allowable uses currently
authorized for the HEA Title III-F programs, as well as to
award need-based financial aid (including emergency grants
to low-income students enrolled in eligible educational
programs). The BBBA specifies that no individual shall be
determined by the Secretary of Education (the Secretary) to
be ineligible for program benefits (including need-based
aid) except on the basis of not being a low-income
student enrolled in an eligible program.
Table 1 details current (FY2021) mandatory appropriations
and BBBA Section 20025 mandatory appropriations for
each of the MSI programs under HEA Title III-F.

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