[Federal Register Volume 86, Number 69 (Tuesday, April 13, 2021)]
[Notices]
[Pages 19249-19252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07661]
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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
Strengthening Institutions Program (SIP)
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 SIP,
Assistance Listing Number 84.425M, 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 SIP program and that are included in the CRRSAA
Section 314(a)(2) SIP Allocation Table (www2.ed.gov/offices/list/ope/crrsaa.html). 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
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) SIP (Assistance
Listing number 84.425M).
The institutions eligible for funding under SIP include
institutions that are generally eligible to apply for the SIP under
Title III, part A of the Higher Education Act of 1965, as amended
(HEA), and that are listed on the CRRSAA Section 314(a)(2) SIP
Allocation Table.
Allocations for SIP 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 SIP 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) SIP 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 84.425M (identified by a Grant Award
Number beginning with P425M20). 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 attachments 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)
SIP award but that are on the Department's published CRRSAA Section
314(a)(2) SIP Allocation Table may apply for and receive section
314(a)(2) SIP 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.
[[Page 19250]]
Estimated Available Funds: Approximately $241,718,519 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
SIP under part A of title III of the HEA and that appear on the Section
314(a)(2) SIP Allocation Table.
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 SIP portions 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) SIP 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
grantee's Certification and Agreement or Supplemental Agreement.
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)
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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:
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,
[[Page 19252]]
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.
[GRAPHIC] [TIFF OMITTED] TN13AP21.032
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. 2021-07661 Filed 4-9-21; 4:15 pm]
BILLING CODE 4000-01-P