[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Notices]
[Pages 35858-35863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11641]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Gaining Early Awareness and 
Readiness for Undergraduate Programs (State Grants)

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2023 for 
Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR 
UP) State Grants, Assistance Listing Number 84.334S. This notice 
relates to the approved information collection under OMB control number 
1840-0821, Application for GEAR UP State Grants.

DATES: 
    Applications Available: June 1, 2023.
    Deadline for Transmittal of Applications: July 31, 2023.
    Deadline for Intergovernmental Review: August 30, 2023.

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 December 7, 2022 (87 FR 75045), and available at 
www.federalregister.gov/d/2022-26554. Please note that these Common 
Instructions supersede the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Ben Witthoefft, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 5C118, Washington, DC 20202-
6450. Telephone: 202-453-7576. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The GEAR UP program is a discretionary grant 
program that encourages eligible entities to provide support, and 
maintain a commitment to, eligible students from low-income 
backgrounds, including students with disabilities, to assist the 
students in obtaining a secondary school diploma (or its recognized 
equivalent) and to prepare for and succeed in postsecondary education. 
Under the GEAR UP program, the Department awards grants to two types of 
entities: (1) States and (2) eligible partnerships.
    Background: In this notice, the Department invites applications for 
State grants only. Required services under the GEAR UP program are 
specified in section 404D(a) of the Higher Education Act of 1965, as 
amended (HEA) (20 U.S.C. 1070a-24(a)), and permissible services under 
the GEAR UP program are specified in section 404D(b) and (c) of the HEA 
(20 U.S.C. 1070a-24(b) and (c)). Grantee activities must include 
providing financial aid information for postsecondary education, 
encouraging enrollment in rigorous and challenging coursework in order 
to reduce the need for remediation at the postsecondary level, 
implementing activities to improve the number of participating students 
who obtain a secondary school diploma and who complete applications for 
and enroll in a program of postsecondary education, and providing 
scholarships as specified in section 404E of the HEA. Additional 
permissible activities for State grantees are specified in sections 
404D(b) and (c) of the HEA.
    Priorities: This notice contains two competitive preference 
priorities. In accordance with 34 CFR 75.105(b)(2)(ii) and (iv), 
Competitive Preference Priority 1 is from section 404A(b)(3) of the HEA 
(20 U.S.C. 1070a-21(b)(3)) and the GEAR UP program regulations (34 CFR 
694.19). Competitive Preference Priority 2 is from the Secretary's 
Final Supplemental Priorities and Definitions for Discretionary Grant 
Programs, published in the Federal Register on December 10, 2021 (86 FR 
70612) (Supplemental Priorities).
    Competitive Preference Priorities: For FY 2023 and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, these priorities are competitive preference 
priorities. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 
10 points to an application, depending on how well the application 
meets the priorities.
    These priorities are:
    Competitive Preference Priority 1--Successful State GEAR UP grant 
prior to August 14, 2008 (Up to 2 points).
    We give priority to an eligible applicant for a State GEAR UP grant 
that has (a) carried out a successful State GEAR UP grant prior to 
August 14, 2008, determined on the basis of data (including outcome 
data) submitted by the applicant as part of its annual and final 
performance reports, and the applicant's history of compliance with 
applicable statutory and regulatory requirements; and (b) a prior 
demonstrated commitment to early intervention leading to college access 
through collaboration and replication of successful strategies.
    Competitive Preference Priority 2--Increasing Postsecondary 
Education Access, Affordability, Completion, and Post-Enrollment 
Success (Up to 8 points).
    Projects that are designed to increase postsecondary access, 
affordability, completion, and success for underserved students by 
addressing one or more of the following priority areas:
    (a) Establishing a system of high-quality data collection and 
analysis, such as data on persistence, retention, completion, and post-
college outcomes, for transparency, accountability, and institutional 
improvement (up to 4 points); and
    (b) Providing secondary school students with access to career 
exploration and advising opportunities to help students make informed 
decisions about their postsecondary enrollment decisions and to place 
them on a career path (up to 4 points).
    Definitions: The definitions of ``demonstrates a rationale,'' 
``logic model,'' ``project component,'' and ``relevant outcome'' are 
from 34 CFR 77.1(c). The definition of ``underserved students'' is from 
the Supplemental Priorities:
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.

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    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    Underserved student means a student in postsecondary education in 
one or more of the following subgroups:
    (a) A student who is living in poverty or is served by schools with 
high concentrations of students living in poverty.
    (b) A student of color.
    (c) An English learner.
    (d) A migrant student.
    (e) A student without documentation of immigration status.
    (f) A student who is the first in their family to attend 
postsecondary education.
    (g) A student enrolling in or seeking to enroll postsecondary 
education for the first time at the age of 20 or older.
    (h) A student who is working full-time while enrolled in 
postsecondary education.
    (i) A student who is enrolled in or is seeking to enroll in 
postsecondary education who is eligible for a Pell Grant.
    (j) An adult student in need of improving their basic skills or an 
adult student with limited English proficiency.
    For purposes of the definition of underserved student only--
    English learner means an individual who is an English learner as 
defined in section 8101(20) of the Elementary and Secondary Education 
Act of 1965, as amended, or an individual who is an English language 
learner as defined in section 203(7) of the Workforce Innovation and 
Opportunity Act.
    Program Authority: 20 U.S.C. 1070a-21--1070a-28.
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in the 
Federal civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) 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. (d) The regulations for this program in 
34 CFR part 694. (e) The Supplemental Priorities.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $20,000,000.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $3,000,000-$5,000,000.
    Estimated Average Size of Awards: $4,000,000.
    Maximum Award: We will not make an award for a State grant 
exceeding $5,000,000 for a single budget period of 12 months. 
Additionally, no funding will be awarded for increases in years 2 
through 7.
    Estimated Number of Awards: 5.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Either 72 months or 84 months.
    Note: An applicant that wishes to seek funding for a seventh 
project year (i.e., for a project period greater than 72 months) in 
order to provide project services to GEAR UP students through their 
first year of attendance at an institution of higher education (IHE) 
must propose to do so in its application.

III. Eligibility Information

    1. Eligible Applicants: States (as defined in section 103(20) of 
the HEA (20 U.S.C. 1003(20)), which includes the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, American Samoa, the United States 
Virgin Islands, the Commonwealth of the Northern Mariana Islands, and 
the Freely Associated States. Per congressional direction in House 
Report 117-403 2023 (Pub. L. 117-328), only States without an active 
State GEAR UP grant, or States that have an active State GEAR UP grant 
that is scheduled to end prior to October 1, 2023, are eligible to 
receive a new State GEAR UP award in this competition. States with 
grants remaining open beyond October 1, 2023, for a no-cost extension 
period or for the sole purpose of data collection and analysis 
activities are not considered active for purposes of implementing this 
directive.
    2. a. Cost Sharing or Matching: Section 404C(b)(1) of the HEA 
requires grantees under this program to provide from State, local, 
institutional, or private funds, not less than 50 percent of the cost 
of the program (or one dollar of non-Federal funds for every one dollar 
of Federal funds awarded), which may be provided in cash or in-kind. 
The provision also specifies that the match may be accrued over the 
full duration of the grant award period, except that the grantee must 
make substantial progress toward meeting the matching requirement in 
each year of the grant award period.
    Section 404C(c) of the HEA provides that in-kind contributions may 
include (1) the amount of the financial assistance obligated under GEAR 
UP to students from State, local, institutional, or private funds, (2) 
the amount of tuition, fees, room or board waived or reduced for 
recipients of financial assistance under GEAR UP, (3) the amount 
expended on documented, targeted, long-term mentoring and counseling 
provided by volunteers or paid staff of non-school organizations, 
including businesses, religious organizations, community groups, 
postsecondary educational institutions, nonprofit and philanthropic 
organizations, and other organizations, and (4) equipment and supplies, 
cash contributions from non-Federal sources, transportation expenses, 
in-kind or discounted program services, indirect costs, and facility 
usage.
    Grantees must include a budget detailing the source of the matching 
funds and must provide an outline of the types of matching 
contributions for at least the first year of the grant in their grant 
applications. Consistent with 2 CFR 200.306(b), any matching funds must 
be an allowable use of funds consistent with the GEAR UP program 
requirements and the cost principles detailed in subpart E of 2 CFR 
part 200, and not included as a contribution for any other Federal 
award.
    b. Supplement-Not-Supplant: This competition involves supplement, 
not supplant funding requirements. Under section 404B(e) of the HEA (20 
U.S.C. 1070a-22(e)), grant funds awarded under this program must be 
used to supplement, and not supplant, other Federal, State, and local 
funds that would otherwise be expended to carry out activities assisted 
under this program.
    c. Indirect Cost Rate Information: For entities eligible to apply 
to this competition, the program regulations at 34 CFR 694.11 limit 
indirect cost

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reimbursement to the rate determined in the entity's negotiated 
indirect cost rate agreement, or 8 percent of a modified total direct 
cost base, whichever amount is less. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200 subpart E of the Uniform 
Guidance.
    3. Other: General Application Requirements: All applicants must 
meet the following application requirements in order to be considered 
for funding. The application requirements are from sections 404C(a) and 
404E of the HEA (20 U.S.C. 1070a-23(a); 20 U.S.C. 1070a-25).
    In order for an eligible entity to qualify for a grant under the 
GEAR UP program, the eligible entity must submit to the Secretary an 
application for carrying out a GEAR UP program that--
    (a) Describes the activities for which assistance under this 
program is sought, including how the eligible entity will carry out the 
required activities described in section 404D(a) of the HEA;
    (b) Describes, in the case of an eligible entity described in 
section 404A(c)(1) of the HEA, how the eligible entity will meet the 
requirements of section 404E of the HEA;
    (c) Provides assurances that adequate administrative and support 
staff will be responsible for coordinating the activities described in 
section 404D of the HEA;
    (d) Provides assurances that activities assisted under this program 
will not displace an employee or eliminate a position at a school 
assisted under this program, including a partial displacement such as a 
reduction in hours, wages, or employment benefits;
    (e) Describes, in the case of an eligible entity described in 
section 404A(c)(1) of the HEA that chooses to use a cohort approach, 
how the eligible entity will define the cohorts of the students served 
by the eligible entity pursuant to section 404B(d) of the HEA, and how 
the eligible entity will serve the cohorts through grade 12, 
including--
    (i) How vacancies in the program under this program will be filled; 
and
    (ii) How the eligible entity will serve students attending 
different secondary schools;
    (f) Describes how the eligible entity will coordinate programs 
under this program with other existing Federal, State, or local 
programs to avoid duplication and maximize the number of students 
served;
    (g) Provides such additional assurances as the Secretary determines 
necessary to ensure compliance with the requirements of this program;
    (h) Provides information about the activities that will be carried 
out by the eligible entity to support systemic changes from which 
future cohorts of students will benefit;
    (i) Describes the sources of matching funds that will enable the 
eligible entity to meet the matching requirement described in section 
404C(b); and
    (j) Demonstrates, in the case of an eligible entity that is 
requesting to use more than 50 percent of grant funds on GEAR UP early 
intervention activities and less than 50 percent of grant funds on 
scholarships, that the eligible entity has another means or multiple 
means of providing scholarships that meet the minimum Pell Grant 
requirements under 20 U.S.C. 1070a-25(d) to students eligible for a 
GEAR UP scholarship as defined under 20 U.S.C. 1070a-25(g). States 
requesting an exception from the requirement that they spend at least 
50 percent of their grant dollars on scholarships must provide 
documentation of those other means of providing scholarships to the 
students eligible for a GEAR UP scholarship as defined under 20 U.S.C. 
1070a-25(g) in their application, such as a comprehensive list of other 
sources of aid that reduce or eliminate the need for the grantee to 
provide GEAR UP scholarships to eligible students out of their federal 
funding; the projected number of students that the grantee expects to 
receive aid through those sources (e.g. based on past cohorts, if 
applicable); and an estimate of the number of students eligible for a 
GEAR UP scholarship that are not expected to receive aid through those 
other sources, if any.
    4. Subgrantees: Under 34 CFR 75.708(b) and (c) a grantee under this 
competition may award subgrants to the following types of entities: 
Local Educational Agencies (LEAs), State Educational Agencies (SEAs), 
IHEs, and nonprofit organizations. The grantee may only award subgrants 
to entities it has identified in an approved application. Under 34 CFR 
75.708(d), grantees must ensure that (1) subgrants are awarded on the 
basis of an approved budget that is consistent with the grantee's 
approved application and all applicable Federal statutory, regulatory, 
and other requirements; (2) every subgrant includes any conditions 
required by Federal statute and executive orders and their implementing 
regulations; and (3) subgrantees are aware of requirements imposed upon 
them by Federal statute and regulation, including the Federal anti-
discrimination laws enforced by the Department.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on December 7, 2022 (87 FR 75045), and available at 
www.federalregister.gov/d/2022-26554, which contain requirements and 
information on how to submit an application. Please note that these 
Common Instructions supersede the version published on December 27, 
2021.
    2. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program. Please note that, 
under 34 CFR 79.8(a), we have shortened the standard 60-day 
intergovernmental review period in order to make awards by the end of 
FY 2023.
    3. Funding Restrictions: We specify unallowable costs in subpart E 
of 2 CFR part 200. We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    Under HEA section 404E(b)(1) (20 U.S.C. 1070a-25(b)(1)), a State 
must use not less than 25 percent and not more than 50 percent of the 
grant funds for GEAR UP project activities described in HEA section 
404D,\1\ with the remainder of grant funds spent on scholarships to 
eligible GEAR UP students described in HEA section 404E. However, HEA 
section 404E(b)(2) (20 U.S.C. 1070a-25(b)(2)) permits the Secretary to 
allow a State to use more than 50 percent of grant funds received under 
this program for GEAR UP project activities described in HEA section 
404D if the State demonstrates that it has another means of providing 
the students eligible for a GEAR UP scholarship as defined under 20 
U.S.C. 1070a-25(g) with the financial assistance described in HEA 
section 404E and describes such means in the State's application.
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    \1\ Excluding the provision of funds for postsecondary 
scholarships required by HEA section 404D(a)(4).

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[[Page 35861]]

    4. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 65 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 
1 margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative, excluding titles, headings, 
footnotes, quotations, references, captions as well as all text in 
charts, tables, figures, and graphs.
     Use a font that is either 12-point font or larger or no 
smaller than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications or the one-page abstract. However, the 
recommended page limit does apply to all of the application narrative.
    We recommend that any application addressing the competitive 
preference priorities include no more than three additional pages for 
each priority addressed.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210.
    (a)Need for project. (up to 15 points)
    (1) The Secretary considers the need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers:
    (i) The magnitude or severity of the problem to be addressed by the 
proposed project (up to 5 points);
    (ii) The extent to which the proposed project will provide services 
or otherwise address the needs of students at risk of educational 
failure (up to 5 points); and
    (iii) The extent to which the proposed project will focus on 
serving or otherwise addressing the needs of disadvantaged individuals 
(up to 5 points).
    (b) Quality of the project design. (up to 30 points)
    (1) The Secretary considers the quality of the design of the 
proposed project.
    (2) In determining the quality of the design of the proposed 
project, the Secretary considers:
    (i) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable 
(up to 8 points);
    (ii) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice) (up to 7 points);
    (iii) The extent to which the proposed project represents an 
exceptional approach for meeting statutory purposes and requirements; 
(up to 8 points); and
    (iv) How the applicant will ensure that a diversity of perspectives 
are brought to bear in the operation of the proposed project, including 
those of parents, teachers, the business community, a variety of 
disciplinary and professional fields, recipients or beneficiaries of 
services, or others, as appropriate (up to 7 points).
    (c) Adequacy of resources. (up to 15 points)
    (1) The Secretary considers the adequacy of resources for the 
proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers:
    (i) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization and the relevance and demonstrated 
commitment of each partner in the proposed project to the 
implementation and success of the project (up to 5 points);
    (ii) The extent to which the costs are reasonable in relation to 
the number of persons to be served and to the anticipated results and 
benefits (up to 5 points); and
    (iii) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to such support (up to 5 points).
    (d) Quality of project personnel. (up to 20 points)
    (1) The Secretary considers the quality of the personnel who will 
carry out the proposed project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 5 points).
    (3) In addition, the Secretary considers:
    (i) The qualifications, including relevant training and experience, 
of the project director or principal investigator (up to 5 points);
    (ii) The qualifications, including relevant training and 
experience, of key project personnel (up to 5 points); and
    (iii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed project 
(up to 5 points).
    (e) Quality of the project evaluation. (up to 20 points)
    (1) The Secretary considers the quality of the evaluation to be 
conducted of the proposed project.
    (2) In determining the quality of the project evaluation, the 
Secretary considers:
    (i) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible (up to 10 points); and
    (ii) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcome (up to 10 points).
    2. Review and Selection Process: 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).
    For this competition, a panel of non-Federal reviewers will review 
each application in accordance with the selection criteria in 34 CFR 
75.217(d)(3), as required by 20 U.S.C. 1070-a23(d). The individual 
scores of the reviewers will be added and the sum divided by the number 
of reviewers to determine the peer review score received in the review 
process.
    If there are insufficient funds for all applications with the same 
total scores, the Secretary will, to the extent practicable, consider 
the distribution of grant awards based on the geographic distribution 
of such grant awards and the distribution between urban and

[[Page 35862]]

rural applicants for the GEAR UP program consistent with 20 U.S.C. 
1070a-22(a)(3). The first tiebreaker criterion will be to select for 
funding the tied applicant(s) representing the State(s) that has gone 
longest since being funded under the GEAR UP State program. If still 
tied, the second tiebreaker will be to fund--from the States still tied 
after implementing the first tiebreaker--the applicant from the State 
with the smallest amount of GEAR UP Partnership grant funding, per low-
income student. If still tied, the third tiebreaker will be to fund the 
States with the highest percentage of individuals living in poverty.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, 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 
$250,000), under 2 CFR 200.206(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 the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.
    5. In General: In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we 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 may notify you informally, 
also.
    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.
    4. Reporting: (a) If you apply for a grant under this competition, 
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 under the competition. This does not 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.
    5. Performance Measures: The performance measures for the GEAR UP 
Program are established for Department reporting under 34 CFR 75.110. 
The objectives of the GEAR UP program are (1) to increase the academic 
performance and preparation for postsecondary education of 
participating students; (2) to increase the rate of high school 
graduation and participation in postsecondary education of 
participating students; and (3) to increase education expectations for 
participating students and increase student and family knowledge of 
postsecondary education options, preparation, and financing.
    The effectiveness of this program depends on the rate at which 
program participants complete high school and enroll in and complete a 
postsecondary education. We developed the following performance 
measures to track progress toward achieving the program's goals:

[[Page 35863]]

    1. The percentage of GEAR UP students who pass Algebra 1 or its 
equivalent by the end of ninth grade.
    2. The percentage of GEAR UP students who graduate from high 
school.
    3. The percentage of GEAR UP students who complete the Free 
Application for Federal Student Aid.
    4. The percentage of GEAR UP students and former GEAR UP students 
who are enrolled at an IHE.
    In addition, to assess the efficiency of the program, we track the 
average cost, in Federal funds, of achieving a successful outcome, 
where success is defined as enrollment in a program of undergraduate 
instruction at an IHE of GEAR UP students immediately after high school 
graduation. These performance measures constitute GEAR UP's indicators 
of the success of the program. Accordingly, we require that applicants 
include these performance measures in conceptualizing the design, 
implementation, and evaluation of their proposed projects.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, whether 
the grantee has made substantial progress in achieving the performance 
targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, 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).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package 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.

Nasser H. Paydar,
Assistant Secretary for Postsecondary Education.
[FR Doc. 2023-11641 Filed 5-31-23; 8:45 am]
BILLING CODE 4000-01-P