[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Pages 19252-19256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07658]


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DEPARTMENT OF EDUCATION


Inviting Applications for Funds Under the Higher Education 
Emergency Relief Fund (HEERF), Section 314(a)(2); Coronavirus Response 
and Relief Supplemental Appropriations Act, 2021 (CRRSAA) for 
Institutions of Higher Education That Meet the Criteria for the 
Minority Serving Institutions (MSIs) Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Secretary is announcing the availability of new HEERF 
grant funding under section 314(a)(2) of the CRRSAA for eligible 
institutions of higher education (institutions) under the Minority 
Serving Institutions (MSIs) program, Assistance Listing Number 84.425L, 
to address needs directly related to the coronavirus. The Secretary 
invites applications from eligible institutions that did not previously 
receive funding under section 18004(a)(2) of the Coronavirus Aid, 
Relief, and Economic Security Act (CARES Act) HEERF MSI program and 
that are included in the CRRSAA Section 314(a)(2) MSI Allocation Table 
(www.ed2.ed.gov/about/offices/list/ope/crrsaa.html). The institutions 
eligible for funding under this part include institutions that 
generally would be eligible to apply for the following grant programs 
under the Higher Education Act of 1965, as amended (HEA), and that are 
listed on the CRRSAA Section 314(a)(2) MSI Allocation Table: Title V, 
part A Developing Hispanic-Serving Institutions; Title V, part B 
Promoting Post-baccalaureate Opportunities for Hispanic Americans; and 
certain Title III, part A programs for Minority Serving Institutions, 
which are the Strengthening Asian American and Native American Pacific 
Islander-Serving Institutions (AANAPISI), Strengthening Alaska Native 
and Native Hawaiian-Serving Institutions (ANNH), Strengthening Native 
American-Serving Nontribal Institutions (NASNTI), and Strengthening 
Predominantly Black Institutions (PBI) programs. This notice relates to 
the approved information collection under OMB control number 1840-0843.

DATES: 
    Applications Available: April 13, 2021.
    Deadline for Transmittal of Applications: Applications will be 
accepted on a rolling basis until July 12, 2021.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the

[[Page 19253]]

Federal Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: Karen Epps, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 250-64, Washington, DC 20202. 
Telephone: The Department of Education HEERF Call Center at (202) 377-
3711. Email: [email protected]. Please also visit our HEERF II website at: 
https://www2.ed.gov/about/offices/list/ope/crrsaa.html.
    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

    Background: On December 27, 2020, the President signed the CRRSAA 
into law (Pub. L. 116-260). This law makes available approximately 
$22.7 billion for institutions under the HEERF, with funding 
appropriated for the existing (a)(1), (a)(2), and (a)(3) programs 
previously authorized under section 18004 of the CARES Act, as well as 
funding for a new (a)(4) program authorized under the CRRSAA.
    With this notice, the Secretary is announcing the availability of 
HEERF grant funds under the CRRSAA section 314(a)(2) MSI program 
(Assistance Listing Number 84.425L).
    Eligible institutions are institutions of higher education, as 
defined in sections 101 and 102(c) of the HEA, 20 U.S.C. 1001 and 
1002(c). Allocations for these programs will be calculated according to 
the formula in section 314(a)(2)(A) of the CRRSAA. Under CRRSAA section 
314(c), grant awards under these programs may be used to (1) defray 
expenses associated with coronavirus (including lost revenue, 
reimbursement for expenses already incurred, technology costs 
associated with a transition to distance education, faculty and staff 
trainings, and payroll); (2) carry out student support activities 
authorized by the HEA that address needs related to coronavirus; and 
(3) provide financial aid grants to students (including students 
exclusively enrolled in distance education), which may be used for any 
component of the student's cost of attendance or for emergency costs 
that arise due to coronavirus, such as tuition, food, housing, health 
care (including mental health care), or child care. In making financial 
aid grants to students, an institution must prioritize grants to 
students with exceptional need, such as students who receive Pell 
Grants. Institutions are urged to make financial aid grants to students 
to the maximum extent possible.
    Section 314(d)(8) of the CRRSAA provides that institutions that 
previously received grants under section 18004(a)(2) of the CARES Act 
are not required to submit new or revised applications to receive 
funding under the CRRSAA section 314(a)(2) MSI program. As a result, 
the Department will award supplemental funds to eligible institutions 
that previously received a section 18004(a)(2) award under the CARES 
Act, Assistance Listing Number 84.425L (identified by a Grant Award 
beginning with P425L20). No action is required by eligible institutions 
to receive these supplemental awards. The project director identified 
on the most current Grant Award Notification (GAN) will automatically 
receive an email indicating a supplemental award has been made to your 
institution. Please note that drawing down any amount of these 
supplemental funds constitutes an institution's acceptance of the new 
terms and conditions under the CRRSAA and a new Supplemental Agreement, 
which are included as an attachment to this notice for reference.
    Institutions that have not yet complied with the reporting 
requirements of the HEERF grant program may receive delayed 
supplemental (a)(2) awards and/or may receive awards with a restriction 
on the ability to draw down those awarded funds (stop payment status) 
until the institution has satisfied its HEERF reporting obligations.
    Institutions that did not receive a CARES Act section 18004(a)(2) 
MSI award but that are on the Department's published CRRSAA Section 
314(a)(2) MSI Allocation Table may apply for and receive section 
314(a)(2) MSI grant awards. Pursuant to CRRSAA section 314(f), an 
institution must apply for funds within 90 days of the publication of 
this notice.
    Program Authority: Section 314 of the CRRSAA, 2021.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 81, 82, 84, 86, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Non-procurement) 
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.

II. Award Information

    Type of Award: Formula grants.
    Estimated Available Funds: Approximately $439,994,312 will be used 
to make awards under this program.
    Grant Period: Institutions must expend funds received under this 
program within 12 months of obligation of the funds by the Department.

III. Eligibility Information

    1. Eligible Applicants: Public and private nonprofit institutions, 
as defined in sections 101 and 102(c) of the HEA, that are eligible for 
certain programs under part A of title III and parts A and B of title V 
of the HEA.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: Subgrantees are not allowed under this program.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
submit their applications using Grants.gov. To register to use 
Grants.gov, please visit their ``How to Apply for Grants'' web page 
(www.grants.gov/applicants/apply-for-grants.html), or call their 
Applicant Support helpdesk at 1-800-518-4726.
    Each completed application for the MSI portion must consist of--
     A complete SF-424;
     Supplemental Information for the SF-424;
     The Certification and Agreement for an Award under Section 
314(a)(2) (Purple C&A); and
     The Required Notification of Endowment Excise Tax Paid (if 
applicable).
    Note: The applicant must submit the corresponding Certificate and 
Agreement for the funds requested. Each Certificate and Agreement must 
be completed and include the correct OPEID and DUNS number of the 
institution for which you are requesting funds. Each grantee will 
receive the amount calculated for them and listed in the Department's 
published Section 314(a)(2) MSI Allocation Table.
    2. 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 timely 
awards.
    3. Funding Restrictions: Funding restrictions are specified in each 
program's Certification and Agreement or Supplemental Agreement.

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    4. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: In general, to do business 
with the Department of Education, you must--
    (a) Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    (b) Register both your DUNS number and TIN with the System for 
Award Management (SAM), the Government's primary registrant database;
    (c) Provide your DUNS number and TIN on your SAM application; and
    (d) Maintain an active 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.
    You can obtain a DUNS number from Dun and Bradstreet at the 
following website: http://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active. 
The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN.
    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This may take three or more business days. 
Information about SAM is available at www.SAM.gov. To further assist 
you with obtaining and registering your DUNS number and TIN in SAM or 
updating your existing SAM account, we have prepared a SAM.gov Tip 
Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.html.

V. Award Administration Information

    1. Award Notices: If you receive a grant award under this program, 
we will 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.
    2. Reporting: Reporting requirements are specified in each 
program's Certification and Agreement or Supplemental Agreement. For 
transparency and reporting purposes, institutions must continue to 
publish quarterly on their institutional websites and submit annually 
to the Department certain reporting requirements, and the Secretary may 
adjust those requirements to reflect evolving needs. The Department 
continues to update its interactive Education Stabilization Fund online 
portal to provide transparency to the public.

VI. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. 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 Portable Document Format (PDF). To 
use PDF, you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also 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.

Tiwanda Burse,
Deputy Assistant Secretary for Management & Planning, Office of 
Postsecondary Education. Delegated authority to perform functions and 
duties of the Assistant Secretary for the Office of Postsecondary 
Education.

Appendix--Coronavirus Response and Relief Supplemental Appropriations 
Act, 2021

Certification and Agreement for an Award under Section 314(a)(2) (CFDAs 
84.425 J, K, L, M)

Grant Funds for a Section 314(a)(2) Award

    The terms, conditions, and requirements governing your 
institution's (Recipient's) use of these supplemental grant funds 
awarded pursuant to section 314(a)(2) of the Coronavirus Response 
and Relief Supplemental Appropriations Act, 2021 (CRRSAA) (Pub. L. 
116-260) (award or grant) by the U.S. Department of Education 
(Department) are governed by section 314 of CRRSAA and the following 
terms and conditions of this Certification and Agreement (C&A):

Use of Grant Funds

    1. Section 314(a)(2) of CRRSAA authorizes the Secretary to make 
additional awards under parts A and B of title III, parts A and B of 
title V, and subpart 4 of part A of title VII of the Higher 
Education Act of 1965, as amended (``HEA''), to address needs 
directly related to the coronavirus. These awards are in addition to 
awards made in section 314(a)(1) of CRRSAA and have been allocated 
by the Secretary proportionally to such programs based on the 
relative share of funding appropriated to such programs in the 
Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94).
    2. Pursuant to section 314(c) of CRRSAA, Recipient may use this 
award to defray expenses associated with the coronavirus (including 
lost revenue, reimbursement for expenses already incurred, 
technology costs associated with a transition to distance education, 
faculty and staff trainings, and payroll); carry out student support 
activities authorized by the HEA that address needs related to the 
coronavirus; and make financial aid grants to students, which may be 
used for any component of the student's cost of attendance or for 
emergency costs that arise due to coronavirus, such as tuition, 
food, housing, health care (including mental health care), or child 
care.
    3. Recipient acknowledges that no supplemental grant funds may 
be used to fund contractors for the provision of pre-enrollment 
recruitment activities; marketing or recruitment; endowments; 
capital outlays associated with facilities related to athletics, 
sectarian instruction, or religious worship; senior administrator or 
executive salaries, benefits, bonuses, contracts, incentives; stock 
buybacks, shareholder dividends, capital distributions, and stock 
options; or any other cash or other benefit for a senior 
administrator or executive.
    4. The Secretary urges Recipient to devote the maximum amount of 
funds possible to financial aid grants to students. The Secretary 
urges Recipient to take strong measures to ensure that financial aid 
grants to students are made to the maximum extent possible.
    5. Recipient must notify the Department within 30 days of making 
a determination that it is required to remit payment to the Internal 
Revenue Service for the excise tax paid on investment income of 
private colleges and universities under section 4968 of the Internal 
Revenue Code of 1986 for tax year 2019 via the Required Notification 
of Endowment Excise Tax Paid form provided as an attachment to this 
GAN, pursuant to section 314(d)(6) of CRRSAA. Recipient acknowledges 
that if it was required to remit payment to the Internal Revenue 
Service for this excise tax paid, and if it is not an institution 
that has been designated as an eligible work college under HEA 
section 448, 20 U.S.C. 1087-58:

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    a. Recipient must use its remaining available funds only for 
financial aid grants to students consistent with CRRSAA section 
314(c)(3), or for sanitation, personal protective equipment, or 
other expenses associated with the general health and safety of the 
campus environment related to the qualifying emergency, unless a 
waiver of this condition has been requested by Recipient and until 
approved by the Secretary under CRRSAA section 314(d)(6)(B), and 
subject to other applicable requirements in section 314.
    6. If Recipient is a Historically Black College and University, 
Tribally Controlled College and University, or a Minority Serving 
Institution, then consistent with section 314(d)(1) of CRRSAA, 
Recipient may use prior awards provided under Titles III, V, and VII 
of the HEA to prevent, prepare for, and respond to coronavirus. 
Should Recipient avail itself of this flexibility, it must maintain 
appropriate records and cost documentation as required by 2 CFR 
200.302 and 200.333 to separately account for prior award funds used 
to prevent, prepare for, and respond to coronavirus.

Grant Administration

    7. Recipient acknowledges that consistent with 2 CFR 200.305, it 
must minimize the time between drawing down funds from G5 and paying 
incurred obligations (liquidation). Recipient further acknowledges 
that if it draws down funds and does not pay the incurred 
obligations (liquidates) within 3 calendar days it may be subject to 
heightened scrutiny by the Department, Recipient's auditors, and/or 
the Department's Office of the Inspector General (OIG). Recipient 
further acknowledges that returning funds pursuant to mistakes in 
drawing down excessive grant funds in advance of need may also be 
subject to heightened scrutiny by the Department, Recipient's 
auditors, and/or the Department's OIG. Finally, Recipient 
acknowledges that it must maintain drawn down grant funds in an 
interest-bearing account, and any interest earned on all Federal 
grant funds above $500 (all Federal grants together) during an 
institution's fiscal year must be returned (remitted) to the Federal 
government via a process described here: https://www2.ed.gov/documents/funding-101/g5-returning-interest.pdf.
    8. Recipient may charge indirect costs to supplemental funds 
made available under this award consistent with its negotiated 
indirect cost rate agreement. If Recipient does not have a current 
negotiated indirect cost rate with its cognizant agency for indirect 
costs, it may appropriately charge the de minimis rate of ten 
percent of Modified Total Direct Costs (MTDC). Recipient may also 
charge reasonable direct administrative costs to the supplemental 
funds made available under this award.
    9. Recipient acknowledges that any obligation under this grant 
(pre-award costs pursuant to 2 CFR 200.458) must have been incurred 
on or after December 27, 2020, the date of the enactment of CRRSAA.
    10. Recipient must promptly and to the greatest extent 
practicable expend all grant funds from this award within the period 
of performance (2 CFR 200.77) specified in Box 6 of this Grant Award 
Notification (GAN).
    11. Recipient must, to the greatest extent practicable, continue 
to pay its employees and contractors during the period of any 
disruptions or closures related to coronavirus pursuant to section 
315 of CRRSAA.
    12. Recipient acknowledges that its failure to draw down any 
amount of its supplemental grant funds within 90 days of the date of 
this supplemental award will constitute nonacceptance of the terms, 
conditions, and requirements of this Supplemental Agreement and of 
these supplemental grant funds. In such event, the Department, in 
its sole discretion, may choose to deobligate these supplemental 
grant funds or take other appropriate administrative action, up to 
and including terminating the grant award pursuant to 2 CFR 200.340.

Reporting and Accountability

    13. Recipient must promptly and timely report to the Department 
on the use of funds no later than 6 months after the date of this 
supplemental award in a manner to be specified by the Secretary 
pursuant to section 314(e) of CRRSAA. Recipient must also promptly 
and timely provide a detailed accounting of the use of funds 
provided by this supplemental award in such manner and with such 
subsequent frequency as the Secretary may require. Recipient will 
comply with any other applicable reporting requirements including 
those in section 15011(b)(2) of Division B of the CARES Act. 
Recipient acknowledges the Department may require additional or more 
frequent reporting to be specified by the Secretary.
    14. Recipient must comply with all requirements of the Single 
Audit Act Amendments of 1996, 31 U.S.C. 7501, et seq. (Single Audit 
Act) and all applicable auditing standards. Considering that the 
HEERF grant program is a new program not previously audited or 
subjected to Department oversight, and the inherent risk that comes 
with a new program, the Department strongly suggests that the HEERF 
grant program be audited as a major program in the first fiscal 
year(s) that the institution received a HEERF grant.
    15. Recipient acknowledges it is under a continuing affirmative 
duty to inform the Department if Recipient is to close or terminate 
operations as an institution or merge with another institution. In 
such cases, Recipient must promptly notify in writing the assigned 
education program specialist contact in Box 3. Additionally, 
Recipient must promptly notify the assigned education program 
officer if the Recipient's Authorized Representative changes.
    16. Recipient must cooperate with any examination of records 
with respect to the advanced funds by making records and authorized 
individuals available when requested, whether by (i) the Department 
and/or its OIG; or (ii) any other Federal agency, commission, or 
department in the lawful exercise of its jurisdiction and authority. 
Recipient must retain all financial records, supporting documents, 
statistical records, and all other non-Federal entity records 
pertinent to a Federal award for a period of three years from the 
date of submission of the final expenditure report pursuant to 2 CFR 
200.334.
    17. Recipient acknowledges that failure to comply with this 
Supplemental Agreement, its terms and conditions, and/or all 
relevant provisions and requirements of CRRSAA or any other 
applicable law may result in Recipient's liability under the False 
Claims Act, 31 U.S.C. 3729, et seq.; OMB 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; 18 U.S.C. 1001, as appropriate; and all of the laws 
and regulations referenced in the ``Applicable Law'' section of this 
Supplemental Agreement, below.

Applicable Law

    18. Recipient must comply with all applicable assurances in OMB 
Standard Forms (SF) SF-424B and SF-424D (Assurances for Non-
Construction and Assurances for Construction Programs), including 
the assurances relating to the legal authority to apply for 
assistance; access to records; conflict of interest; 
nondiscrimination; Hatch Act provisions; labor standards; Single 
Audit Act; and the general agreement to comply with all applicable 
Federal laws, executive orders, and regulations.
    19. Recipient certifies that with respect to the certification 
regarding lobbying in Department Form 80-0013, no Federal 
appropriated funds have been paid or will be paid to any person for 
influencing or attempting to influence an officer or employee of any 
agency, a Member of Congress, an officer or employee of Congress, or 
an employee of a Member of Congress in connection with the making or 
supplementing of Federal grants under this program; Recipient must 
complete and submit Standard Form-LLL, ``Disclosure Form to Report 
Lobbying,'' when required (34 CFR part 82, Appendix B).
    20. Recipient must comply with the provisions of all applicable 
acts, regulations and assurances; the following provisions of 
Education Department General Administrative Regulations (EDGAR) 34 
CFR parts 75, 77, 81, 82, 84, 86, 97, 98, and 99; the OMB 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; and 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.

Institution Name: ____________________
Authorized Representative (typed name): ____________________
Authorized Representative Title: ____________________
DUNS Number: ____________________

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OPE ID: ____________________
Date:____________________
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Paperwork Burden Statement

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless such 
collection displays a valid OMB control number. The valid OMB 
control number for this information collection is XXX-XXX. Public 
reporting burden for this collection of information is estimated to 
average 5 hours per response, including time for reviewing 
instructions, searching existing data sources, gathering, and 
maintaining the data needed, and completing and reviewing the 
collection of information. The obligation to respond to this 
collection is required to obtain or retain benefit (section 
314(a)(1) of the Coronavirus Response and Relief Supplemental 
Appropriations Act, 2021 (Pub. L. 116-260)). If you have any 
comments concerning the accuracy of the time estimate, suggestions 
for improving this individual collection, or if you have comments or 
concerns regarding the status of your individual form, application 
or survey, please contact Karen Epps, 400 Maryland Avenue SW, 
Washington, DC 20202 directly.

OMB Number: XXXX-XXXX
Expiration Date: XX/XX/XXXX

[FR Doc. 2021-07658 Filed 4-9-21; 4:15 pm]
BILLING CODE 4000-01-P