[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Notices]
[Pages 19550-19553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09417]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Bipartisan Budget Act of 2018--
Emergency Assistance to Institutions of Higher Education Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Department of Education is issuing a notice inviting pre-
applications and applications for the fiscal year (FY) 2018 Emergency 
Assistance to Institutions of Higher Education Program, Catalog of 
Federal Domestic Assistance (CFDA) number 84.938T. We will make the 
pre-applications available upon publication of this notice, and we will 
make the applications available after review of the pre-applications. 
We intend to make the applications available 60 days after publication 
of this notice.

DATES: 
    Applications Available: May 3, 2018.
    Deadline for Transmittal of Pre-Applications: June 4, 2018.
    Deadline for Transmittal of Applications: August 1, 2018.

ADDRESSES: The addresses pertinent to this program--including the 
addresses for obtaining and submitting an application or pre-
application--can be found under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Beatriz Ceja, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 260-04, Washington, DC 20202-
6200. Telephone: (202) 453-6239. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: Under the Emergency Assistance to Institutions 
of Higher Education Program (EAI Program or EAI), we will award grants 
to eligible institutions of higher education (IHEs) for emergency 
assistance in areas directly affected by a covered disaster or 
emergency: Hurricanes Harvey, Irma, and Maria, and the wildfires in 
calendar year 2017 for which the President declared a major disaster or 
emergency under section 401 or 501 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191) (covered 
disaster or emergency). Under the Bipartisan Budget Act of 2018 (Budget 
Act) the funds available under the EAI Program are for programs 
authorized under subpart 3 of part A and part C of title IV and part B 
of title VII of the Higher Education Act of 1965 (HEA), as amended (20 
U.S.C. 1087-51 et seq.; 20 U.S.C. 1138 et seq.), but the funds may be 
used for activities beyond those supported by those specific programs. 
In accordance with the Budget Act, we will award grants to eligible 
IHEs for emergency assistance for any purpose authorized under the HEA. 
We will prioritize, to the extent possible, projects that support 
students who are homeless or at risk of becoming homeless as a result 
of displacement, and IHEs that have sustained extensive damage, by a 
covered disaster or emergency.
    Exemption From Rulemaking: This program is exempt from the 
rulemaking requirements in section 437 of the General Education 
Provisions Act (GEPA) (20 U.S.C. 1232) and section 553 of the 
Administrative Procedure Act (APA) (5 U.S.C. 553). Division B, 
Subdivision 1, Title VIII, ``Hurricane Education Recovery'' paragraph 
(6), of Public Law 115-123, the ``Bipartisan Budget Act of 2018.'' 132 
Stat. 98.
    Program Authority: Bipartisan Budget Act of 2018, Public Law 115-
123.

    Note: The Budget Act provides that funds provided through the 
EAI Program must be for certain programs established under the HEA 
(the Federal Supplemental Educational Opportunity Grant, Federal 
Work-Study, and the Fund for the Improvement of Postsecondary 
Education programs), but use of the funds is not limited to the 
activities authorized under those programs. Funds provided through 
these grants may be used for student financial assistance, faculty 
and staff salaries, equipment, student supplies and instruments, or 
any purpose authorized under the HEA.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474.

    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $100,000,000.
    Estimated Maximum Award: $20,000,000.
    Estimated Average Size of Awards: $650,000.
    Estimated Number of Awards: 150.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: Grantees must expend funds within 24 months of the 
award date.

III. Eligibility Information

    1. Eligible Applicants: Institutions that (1) meet the definition 
of ``institution of higher education'' in

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section 101 or section 102(a)(1) of the HEA (20 U.S.C. 1001 and 
1002(a)(1)), and (2) are located in areas directly affected by a 
covered disaster or emergency.

    Note: Receiving a grant for emergency assistance under the EAI 
Program does not affect the eligibility of the IHE to apply for 
funding under any other Department program.

    2. a. Cost Sharing or Matching: Any requirements relating to 
matching, Federal share, reservation of funds, or maintenance of effort 
under the programs authorized under subpart 3 of part A and part C of 
title IV and part B of title VII of the HEA, as amended (20 U.S.C. 
1087-51 et seq.; 20 U.S.C. 1138 et seq.) that would otherwise apply to 
EAI grants will not apply.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Grantees may not use EAI funds to 
supplant funds that otherwise would have been used for the same 
purpose, including funds made available through an insurance policy, 
the Federal Emergency Management Agency, a State, or a nonprofit relief 
organization. Grantees may use EAI funds to supplement funds from such 
sources without exceeding the full amount needed to remedy the effects 
of the covered disaster or emergency. (See Allocation Criteria.)

IV. Application and Submission Information

    1. Address To Request Pre-Application or Application Package: 
Beatriz Ceja, U.S. Department of Education, 400 Maryland Avenue SW, 
Room 260-04, Washington, DC 20202-6200. Telephone: (202) 453-6239. 
Email: [email protected].
    To obtain a copy via the internet, use the following address: 
www2.ed.gov/programs/eai/applicant.html.
    If you use a TDD or a TTY, call the FRS, toll free, at 1-800-877-
8339.
    Individuals with disabilities can obtain a copy of the pre-
application or the application package in an accessible format (e.g., 
braille, large print, audiotape, or compact disc) by contacting the 
program contact person listed in this section.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application are in the application package 
for this program.
    Pre-Application: IHEs intending to submit an application for funds 
under this program must first complete and submit a pre-application 
data information form from which institutional allotments will be 
calculated. The data form can be downloaded from www.ed.gov/hurricane-help. Complete the form and send it to [email protected] by the date 
established under Deadline for Transmittal of Pre-Applications. Within 
30 days after the Pre-Application deadline, if the IHE is eligible for 
funding, the Department will either: (1) Calculate the applicant IHE's 
allotment and email notice of the amount back to the contact person 
identified by the IHE on the pre-application form, and the eligible 
IHEs will then have until August 1, 2018 to submit their application 
and budget information to the Department through Grants.gov; or (2) 
request additional information from the eligible IHE in order to 
calculate the applicant IHE's allotment.

    Note: We may consider late pre-applications or applications 
after on-time submissions are evaluated. We may reserve funds to 
accommodate additional requests because all of the costs of 
remedying the effects of the covered disasters or emergencies may 
not yet be known. No funds will be available after September 30, 
2022.

    Pre-applications and applications for grants under this program may 
be submitted in one of two ways:
    a. Email an electronic version of your pre-application or 
application in PDF (Portable Document Format) to [email protected], or
    b. Mail the original and two copies of your pre-application or 
application by express mail service through the U.S. Postal Service or 
through a commercial carrier to Beatriz Ceja, Office of Postsecondary 
Education, U.S. Department of Education, 400 Maryland Avenue SW, Room 
260-04, Washington, DC 20202-6200.
    The amount of time it can take to email a document will vary 
depending on a variety of factors, including the size of the document 
and the speed of your internet connection. Therefore, we strongly 
recommend that you do not wait until minutes before the deadline to 
begin emailing your pre-application or application.
    For information on requirements when submitting paper pre-
applications or applications, please see the Common Instructions for 
Applicants to Department of Education Discretionary Grant Programs, 
published in the Federal Register on February 12, 2018 (83 FR 6003) and 
available at www.gpo.gov/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.
    3. Accommodations: Individuals with disabilities who need an 
accommodation or auxiliary aid in connection with the pre-application 
or application process should contact the person listed under FOR 
FURTHER INFORMATION CONTACT. If the Department provides an 
accommodation or auxiliary aid to an individual with a disability in 
connection with the pre-application or application process, the 
individual's pre-application or application remains subject to all 
other requirements and limitations in this notice.
    4. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. However, under 34 
CFR 79.8(a), we waive intergovernmental review in order to make awards 
in the applicable timeframe.
    5. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section above.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department of Education, you must have a Data Universal Numbering 
System (DUNS) number and a Taxpayer Identification Number, and you must 
maintain an active System for Award Management (SAM) registration with 
current information while your application is under review by the 
Department and, if you are awarded a grant, during the project period. 
For information on these requirements, please see Common Instructions 
for Applicants to Department of Education Discretionary Grant Programs, 
published in the Federal Register (83 FR 6003) and available at 
www.gpo.gov/fdsys/pkg/FR-2018-02-12/pdf/2018-02558.pdf.
    You may access the electronic grant application for the Emergency 
Assistance to Institutions of Higher Education Program at www.ed.gov/hurricane-help.

    Note: Pre-applications and applications must be emailed or 
mailed as described above. Neither pre-applications nor applications 
will be accepted through www.grants.gov.

V. Application Review Information

    1. Allocation Criteria: The Secretary establishes the following 
factors as criteria that will be used in allocating these funds:
    (a) Expenses. The expenses incurred by the IHE to remedy the 
effects of the covered disaster or emergency, including the costs of 
construction and reconstruction associated with physical damage to the 
IHE caused by the covered disaster or emergency; and
    (b) Funds received. Any amount of any insurance settlement or other 
funds received by the IHE, from any source including a Federal or other 
relief

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agency, related to remedying the effects of the covered disaster or 
emergency.
    Additional factors we will consider in making an award are from 34 
CFR 75.209(a) and 34 CFR 75.210(a) and include the following.
    (c) Priorities. We will prioritize, to the extent possible, 
projects that support institutions serving students who are homeless or 
at risk of becoming homeless as a result of displacement, and 
institutions that have sustained extensive damage, as a result of a 
covered disaster or emergency.

    Note: Such expenses may include work to identify such students, 
outreach to such students, food, employment, housing, counseling, 
emergency grants, transportation, and other services, so long as all 
such expenses are authorized under the Higher Education Act. 
Applicants should only include those expenses directed to students 
who are homeless or at risk of becoming homeless, and applicants 
should not include expenses directed to a larger population of 
students, even if those expenses have aided some students who were 
homeless or at risk of becoming homeless. Applicants should, 
however, include expenses directed toward individual students who 
are homeless or at risk of becoming homeless, even if similar aid or 
services have been made available to other students.

    (d) Need for Project. The Secretary will consider the need for the 
proposed project. In determining the need for the proposed project, the 
Secretary will consider the magnitude or severity of the problem to be 
addressed by the proposed project.

    Note: To consider the magnitude or severity of the problem to be 
addressed, the Secretary will consider the estimated percentage of 
operations, as a proportion of the IHE's operations prior to the 
occurrence of the covered disaster or emergency, that remain 
impaired as a result of the covered disaster or emergency. This 
percentage should be estimated on the basis of year-over-year 
spending or budget, using spring 2017 as the baseline. For example, 
if the IHE's spring 2017 spending was $100 million and the IHE's 
spring 2018 budget is $75 million, the applicant should report that 
the IHE is operating at 75 percent.

    An IHE must include information responsive to all four of these 
criteria in its pre-application.

    Note: If, after we review the pre-applications, we determine 
additional selection criteria are appropriate, we will include those 
criteria, in addition to the criteria specified in this notice, in 
the application package.

    2. Review and Selection Process: The Secretary will determine the 
amount of the individual grants to ensure a fair distribution of funds 
in accordance with statutory requirements.
    We remind potential applicants that in reviewing applications in 
any discretionary grant competition, the Secretary may consider, under 
34 CFR 75.217(d)(3), the past performance of the applicant in carrying 
out a previous award, such as the applicant's use of funds, achievement 
of project objectives, and compliance with grant conditions. The 
Secretary may also consider whether the applicant failed to submit a 
timely performance report or submitted a report of unacceptable 
quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    The Secretary may solicit, from any applicant at any time, 
additional information needed to process an application.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$150,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through SAM. You may review and comment on any 
information about yourself that a Federal agency previously entered and 
that is currently in FAPIIS.
    5. Improper Payments--Additional Reporting: The ``Bipartisan Budget 
Act of 2018'' designates this program to be ``susceptible to 
significant improper payments'' for purposes of the Improper Payments 
Information Act of 2002 (31 U.S.C. 3321 note). See Public Law 115-123, 
the ``Bipartisan Budget Act of 2018,'' Division B, Subdivision 1, Title 
XII, Sec.  21208(a), Feb. 9, 2018; 132 Stat. 108. Grantees will be 
required to undertake significant additional reporting as we implement 
plans to identify and reduce improper payments. We will provide 
additional information after we make awards.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we will notify 
your U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We also may notify you 
informally.
    If your application is not evaluated or not selected for funding, 
we will notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20(c).
    4. Reporting: (a) If you apply for a grant, you must ensure that 
you have in place the necessary processes and systems to comply with 
the reporting requirements in 2 CFR part 170 should you receive 
funding. This does not

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apply if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.

VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the pre-application and the application package 
in an accessible format (e.g., braille, large print, audiotape, or 
compact disc) on request to the program contact person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access to the official edition of the Federal Register and the Code of 
Federal Regulations via the Federal Digital System at www.gpo.gov/fdsys. At this site you can view this document, as well as all other 
documents of this Department published in the Federal Register, in text 
or PDF. To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You also may access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: April 30, 2018.
Frank T. Brogan,
Principal Deputy Assistant Secretary and Delegated the Duties of the 
Assistant Secretary, Office of Planning, Evaluation and Policy 
Development, Delegated the Duties of the Assistant Secretary, Office of 
Postsecondary Education.
[FR Doc. 2018-09417 Filed 5-2-18; 8:45 am]
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