[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Notices]
[Pages 26210-26213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10195]
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DEPARTMENT OF EDUCATION
Notice Inviting Applications for the Proprietary Institution
Grant Funds for Students Program Under the Higher Education Emergency
Relief Fund (HEERF); American Rescue Plan Act, 2021 (ARP)
AGENCY: Office of Postsecondary Education, Department of Education.
ACTION: Notice.
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SUMMARY: The Secretary is announcing the availability of new ARP (a)(4)
grant funding under the Proprietary Institution Grant Funds for
Students Program, Assistance Listing Number (ALN) 84.425Q, as
authorized under section 2003 of the ARP, and inviting applications
from eligible proprietary institutions that did not previously receive
funding under section 314(a)(4) of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (CRRSAA) in order for these
institutions to make emergency financial aid grants to students. This
notice relates to the approved information collection under OMB control
number 1840-0852.
DATES:
Applications Available: May 13, 2021.
Deadline for Transmittal of Applications: Applications will be
accepted on a rolling basis until August 11, 2021.
Deadline for Submission of Required Proprietary Institution
Certification Form: August 11, 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.federalregister.gov/d/2019-02206.
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 website at:
www2.ed.gov/about/offices/list/ope/arp.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
I. Funding Opportunity Description
On March 11, 2021, the President signed into law the ARP (Pub. L.
117-2). This new law makes available approximately $39.6 billion for
institutions of higher education under the HEERF grant program, with
funding appropriated through existing programs previously authorized
under the CRRSAA (Pub. L. 116-260).
With this notice, the Secretary is announcing that proprietary
institutions of higher education, as defined in section 102(b) of the
Higher Education Act of 1965, as amended, 20 U.S.C. 1002(b) (HEA), that
did not previously receive funding under section 314(a)(4) of CRRSAA
may apply for HEERF III grant funds under the ARP (a)(4) program,
Proprietary Institution Grant Funds for Students ALN 84.425Q. The
estimated available funds for this program is approximately $396
million. Allocations for eligible proprietary institutions of higher
education will be calculated on the basis of the formula specified
under section 314(a)(1)(A)-(F) of CRRSAA, with the total amount of
funding allocated to the (a)(4) funding stream determined under ARP
section 2003(4).
Under CRRSAA section 314(d)(7), which continues to apply to ARP
(a)(4) funds, awards from the Proprietary Institution Grant Funds for
Students program may only be used to provide emergency 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 childcare. In making such emergency financial aid grants to
students, grantees must prioritize grants to students with exceptional
need, such as students who receive Pell Grants. Please note that
drawing down any amount of these supplemental funds constitutes an
institution's acceptance of the terms and conditions under the ARP and
Supplemental Agreement, which are included as appendices to this notice
for reference.
The Department will award supplemental funds to eligible
institutions that previously received a CRRSAA section 314(a)(4) ALN
84.425Q award without requiring these institutions to submit a new
application for funding. However, by August 11, 2021 (90 days of the
publication of this notice) and prior to receiving an award, eligible
institutions must submit a Required Proprietary Institution
Certification (RPIC) form, which must be signed by the institution's
president or chief executive officer and any owners with an ownership
interest in the institution of 25 percent or more. The Department is
adopting this form as an additional risk mitigation procedure.
Completed RPIC forms must be emailed to [email protected].
Proprietary institutions that did not receive a CRRSAA section
314(a)(4) award but are on the Department's published ARP (a)(4)
allocation table may apply for and receive ARP (a)(4) funds. To receive
an award, institutions must submit an application as well as the RPIC
form by August 11, 2021.
The Department recognizes that some institutions may not want
additional funds under the ARP. Institutions wanting to decline their
award or a specified amount may should submit the Voluntary Decline of
HEERF Grant Funds form to [email protected], available at www2.ed.gov/about/offices/list/ope/arp.html, to redirect these funds to
institutions with greater needs. If the Department has already made an
ARP supplemental award to the institution, the Department will
deobligate those supplemented funds in G5 by the amount specified in
the form. Any returned funds will be redistributed to institutions that
have not declined funds by applying the appropriate distribution
formula and making additional supplemental awards. Institutions have 90
days from the publication of this notice to indicate if
[[Page 26211]]
they would like to decline or return unneeded ARP funds.
Program Authority: Section 2003 of the ARP and section 314 of the
CRRSAA.
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 (Nonprocurement) in
2 CFR part 180, as adopted and amended as regulations of the Department
in 2 CFR part 3485. (c) Subparts A through E of 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: $396,000,000.
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: Proprietary institutions of higher
education, as defined in section 102(b) 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 application for an ARP (a)(4) grant must include:
A complete SF-424;
Supplemental Information for the SF-424;
A complete RPIC form, available at www2.ed.gov/about/offices/list/ope/arp.html; and
The Proprietary Institution Grant Funds for Students
Certification and Agreement (C&A).
Note: Institutions must submit the correct C&A. Each C&A must
be completed using the OPE ID and DUNS number of the institution for
which you are requesting funds. An institution will receive the
amount specified for the institution in the Department's published
ARP (a)(4) allocation table.
2. Instructions to Decline an Award: To voluntarily decline some or
all of the institution's award, submit the Voluntary Decline of HEERF
Grant Funds form, which you can find at www2.ed.gov/about/offices/list/ope/arp.html, to [email protected].
3. 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.
4. Funding Restrictions: We specify funding restrictions in the C&A
or Supplemental Agreement.
5. Data Universal Numbering System Number, Taxpayer Identification
Number, and System for Award Management: In general, to do business
with the Department, 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: Institutions must comply with all HEERF reporting
requirements. Reporting requirements are specified in the C&A or
Supplemental Agreement.
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.
Michelle A. Cooper,
Acting Assistant Secretary for Postsecondary Education.
Attachment: Example Supplemental Agreement for Proprietary Institution
Supplemental Grant Funds for Students
[[Page 26212]]
American Rescue Plan Act of 2021
Supplemental Agreement (ALN 84.425Q) ((a)(4) Program)
Proprietary Institution Supplemental Grant Funds for Students
The terms, conditions, and requirements governing your
institution's (Recipient's) use of these supplemental grant funds
awarded pursuant to section 2003 of the American Rescue Plan Act of
2021 (ARP) (Pub. L. 117-2) (supplemental award or grant) by the U.S.
Department of Education (Department) are governed by section 2003 of
the ARP and section 314 of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (CRRSAA) (Pub. L. 116-260) and
the following terms and conditions of this Supplemental Agreement.
By Drawing Down These Grant Funds, You Agree To Be Bound by the
Conditions Set Forth on Behalf of the Institution You Represent, and
You Warrant That You Have the Authority To Bind the Institution to the
Following Conditions
Use of Grant Funds
1. Section 314(d)(7) of the CRRSAA, requires Recipient, as an
institution of higher education as defined in section 102(b) of the
Higher Education Act of 1965, as amended (HEA), 20 U.S.C. 1002(b), to
use the funds made available by this supplemental award under
Assistance Listing Number (ALN) 84.425Q only for emergency financial
aid grants to students as described in section 314(c)(3) of the CRRSAA.
2. Under section 314(c)(3) of the CRRSAA, Recipient must make
emergency financial aid grants to students (which may include 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.
3. Recipient acknowledges that it retains discretion to determine
the amount and availability of each individual emergency financial aid
grant consistent with all applicable laws, including non-discrimination
laws. Recipient acknowledges it must not distribute emergency financial
aid grants in a manner that discriminates against individuals on the
basis of race, color, national origin, disability, or sex. See, e.g.,
42 U.S.C. 2000d et seq., (Title VI), 29 U.S.C. 701 et seq.,
(Rehabilitation Act), 20 U.S.C. 1681 (Title IX).
4. Recipient further acknowledges that under CRRSAA section
314(c)(3), it must prioritize grants to students with exceptional need,
such as students who receive Pell Grants. However, students do not need
to be Pell recipients or students who are eligible for Pell Grants in
order to receive an emergency financial aid grant.
5. Recipient acknowledges that it may not condition the receipt of
an emergency financial aid grant on continued or future enrollment with
the Recipient. Recipient also acknowledges that it may not require a
student to consent to the application of the emergency financial aid
grant to the student's outstanding account balance with Recipient as a
condition of receipt of or eligibility for an emergency financial aid
grant. Recipient also acknowledges that adding preconditions to
receiving a financial aid grant that thwart this requirement may be
subjected to oversight and corrective action.
6. In consideration for this award, Recipient agrees that Recipient
holds these grant funds in trust for students and acts in the nature of
a fiduciary for students.
7. Recipient acknowledges that the Secretary recommends (a) the
maximum Federal Pell Grant for the applicable award year as an
appropriate maximum amount for a student's emergency financial aid
grant in most cases, and (b) that the Recipient should consider each
student's particular socioeconomic circumstances in the administration
of these grants.
8. The Secretary strongly encourages Recipient's financial aid
administrator to exercise the use of professional judgment available
under HEA section 479A, 20 U.S.C. 1087tt, to make adjustments on a
case-by-case basis to exclude individual emergency financial aid grants
from the calculation of a student's expected family contribution. The
Secretary has determined that consider these individual emergency
financial aid grants do not constitute Federal financial aid under
Title IV of the HEA.
9. Recipient acknowledges that it may voluntarily decline all or a
portion of its ARP (a)(4) funds. The recipient may indicate this by
submitting the Voluntary Decline of HEERF form (OMB Control Number
1840-0856) to the Department by August 11, 2021. Recipient further
acknowledges if it submits this form, it will be ineligible for the
future redistribution of ARP HEERF grant funds to other institutions
with greater needs due to the coronavirus.
10. Recipient acknowledges that to assist with the management and
oversight of this ARP (a)(4) grant, recipient must first complete and
submit to the Department the Required Proprietary Institution
Certification form (OMB Control Number 1840-0855) prior to receiving a
supplemental grant award.
Grant Administration
11. 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 15 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.
12. Recipient may not charge any indirect or administrative costs
to funds made available under this award because the allocation in this
grant award represents an amount of funds that must be distributed to
students.
13. Recipient acknowledges that any obligation under this grant
(pre-award costs pursuant to 2 CFR 200.458) must have been incurred on
or after March 13, 2020, the date of the declaration of a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak
(85 FR 15337).
14. Recipient must promptly and to the greatest extent practicable
distribute all grant funds from this award in the form of emergency
financial aid grants to students within the one-year period of
performance (2 CFR 200.77) specified in Box 6 of this Grant Award
Notification (GAN).
15. 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 the
CRRSAA.
[[Page 26213]]
16. Recipient acknowledges that its failure to draw down any amount
($1 or more) 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
17. Recipient must promptly and timely provide a detailed
accounting of the use and expenditure of the funds provided by this
supplemental award in such manner and with such frequency as the
Secretary may require.
18. Recipient must have a compliance audit conducted of its
administration of the HEERF grant for any institutional fiscal year
during which Recipient expended $500,000 or more in total HEERF grant
funds, whether under section 18004(a)(1) of the CARES Act, section
314(a)(4) of the CRRSAA, or section 2003 of the ARP, or was on Federal
Student Aid's Heightened Cash Monitoring (HCM) 1 or 2 list during any
point of the institution's fiscal year in which it expended any HEERF
grant funds (https://studentaid.gov/data-center/school/hcm). The HEERF
compliance audit must be conducted in accordance with Government
Auditing Standards, issued by the Comptroller General of the United
States, and the applicable audit guide developed by the Department's
Office of Inspector General. To the extent practicable, the annual
Title IV audit may be used to cover certain areas of the HEERF audit if
separately auditing those areas would be duplicative. The Office of the
Inspector General has published their audit guide available here:
https://www2.ed.gov/about/offices/list/oig/nonfed/proprietary.html.
19. 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 officer contact in Box 3 of the GAN. Additionally, Recipient
must promptly notify the assigned education program officer if the
Recipient's Authorized Representative changes.
20. 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 (a) the Department
and/or its OIG; or (b) 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.
21. Recipient acknowledges that failure to comply with this
Supplemental Agreement, its terms and conditions, and/or all relevant
provisions and requirements of the CRRSAA or ARP 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
22. 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; and the general agreement to comply with
all applicable Federal laws, executive orders, and regulations.
23. 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).
24. 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 Subparts A through E of 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.
[FR Doc. 2021-10195 Filed 5-12-21; 8:45 am]
BILLING CODE 4000-01-P