Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 4029 

your search to documents published by 

the Department. 

Christopher J. McCaghren, 

Acting Assistant Secretary for Postsecondary 

Education. 

[FR Doc. 2021–00766 Filed 1–14–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice Inviting Applications for Funds 

Under the Higher Education 

Emergency Relief Fund (HEERF), 

Section 314(a)(1); Coronavirus 

Response and Relief Supplemental 

Appropriations Act, 2021 (CRRSAA) 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice. 

SUMMARY: The Secretary is announcing 

the availability of new HEERF grant 

funding under section 314(a)(1) of the 

CRRSAA and inviting applications from 

public and nonprofit institutions that 

did not previously receive funding 

under section 18004(a)(1) of the 

Coronavirus Aid, Relief, and Economic 

Security Act (CARES Act). This notice 

relates to the approved information 

collections under OMB control numbers 

1801–0005 and 1840–0842. 

DATES: 

Applications Available: January 15, 

2021. 

Deadline for Transmittal of 

Applications: Applications will be 

accepted on a rolling basis until April 

15, 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: HEERF@ed.gov. Please 

also visit our HEERF 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 into law the 

Coronavirus Response and Relief 

Supplemental Appropriations Act, 2021 

(CRRSAA) (Pub. L. 116–260). This law 

makes available approximately $22.7 

billion for institutions of higher 

education under the Higher Education 

Emergency Relief Fund (HEERF), with 

funding appropriated for the existing 

(a)(1), (a)(2) and (a)(3) programs 

previously authorized under 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)(1) programs (CFDAs 84.425E and 

84.425F). These programs, with some 

changes, are a continuation of the 

CARES Act section 18004(a)(1) program 

which the Department implemented as 

two funding streams: the Student Aid 

Portion (CFDA 84.425E) for financial 

grants to students, and the Institutional 

Portion (CFDA 84.425F) for institutional 

uses of funds related to the coronavirus. 

Eligible institutions are institutions of 

higher education, as defined in sections 

101 and 102(c) of the Higher Education 

Act of 1965, as amended (HEA), 20 

U.S.C. 1001, 1002(c). Allocations for 

these programs will be calculated 

according to the formula in section 

314(a)(1) 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; or (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 of higher 

education must prioritize grants to 

students with exceptional need, such as 

students who receive Pell Grants. 

Given section 314(d)(8) of the 

CRRSAA not requiring institutions of 

higher education that previously 

received grants under section 

18004(a)(1) of the CARES Act to submit 

new or revised applications to receive 

this funding, the Department will be 

automatically awarding supplemental 

funds to eligible institutions that 

previously received a section 

18004(a)(1) Student Aid Portion or 

Institutional Portion award under the 

CARES Act. 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 supplement award has been 

made to your institution. Please note 

that drawing down any amount of these 

supplemented 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. 

Not every institution that received 

grants under CARES Act section 

18004(a)(1) will receive a supplement. 

First, the CRRSAA prohibits proprietary 

institutions from receiving 

supplemental funding under section 

314(a)(1) and creates a new program for 

these institutions under section 

314(a)(4). More information, including 

instructions on how to apply for (a)(4) 

funding, is provided in a separate 

notice. 

Second, institutions that have not yet 

complied with the reporting 

requirements of the CARES Act may 

receive delayed supplemental (a)(1) 

awards and/or may receive awards with 

a restriction on the ability to drawdown 

those awarded funds (stop payment 

status) until the institution has satisfied 

its CARES Act HEERF reporting 

obligations. 

Institutions that did not receive a 

CARES Act section 18004(a)(1) award 

but are on the Department’s published 

section 314(a)(1) allocation table for 

CRRSAA may apply for and receive 

section 314(a)(1) Student Aid Portion 

(CFDA 84.425E) and Institutional 

Portion (CFDA 84.425F) grant awards. 

Pursuant to CRRSAA section 314(f), an 

institution must apply for funds within 

90 days of the publication of this notice. 

Finally, for an institution that paid or 

will be required to pay the endowment 

excise tax in tax year 2019 

(‘‘endowment tax institutions’’), the 

institution’s CRRSAA section 314(a)(1) 

allocation will be reduced by 50% 

under section 314(d)(6) of the CRRSAA. 

Endowment tax institutions must only 

use their allocations for financial aid 

grants to students under 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 coronavirus emergency. A 

limited exception to this requirement is 

provided for any endowment tax 

4030 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 

institution that participates in the work 

colleges program authorized under 

section 448 of the Higher Education Act 

of 1965, as amended. Endowment tax 

institutions must complete and submit a 

form disclosing this tax status available 

on the Department’s HEERF website. 

Endowment excise tax institutions may 

also seek a waiver of these limitations. 

Program Authority: Section 314 of 

Coronavirus Response and Relief 

Supplemental Appropriations Act, 

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 (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. 

II. Award Information 

Type of Award: Formula grants. 

Estimated Available Funds: 

Approximately $20,500,000,000 will be 

used to make awards under this 

program. This amount includes new 

funds allocated under the CRRSAA, and 

both unspent CARES Act funds under 

CARES Act section 18004(a)(1) and 

unspent Project SERV funds that were 

reallocated per CRRSAA section 

314(d)(4). 

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 IHEs, as defined in 

section 101 and section 102(c) 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. The Grants.gov Funding 

Opportunity Numbers are ED– 

GRANTS–041020–003 for the Student 

Aid Portion and ED–GRANTS–042120– 

004 for the Institutional Portion. 

Applications must be submitted by XXX 

Date [90 days after publication]. To 

register to use Grants.gov, please visit 

their ‘‘How to Apply for Grants’’ web 

page (https://www.grants.gov/ 

applicants/apply-for-grants.html), or 

call their Applicant Support helpdesk at 

1–800–518–4726. 

Each completed application for a 

Student Aid Portion or Institutional 

Portion grant must consist of: 

• A complete SF–424; 

• A Certification and Agreement 

(Student Aid Portion Certification and 

Agreement (Gold C&A), or the 

Institutional Portion Certification and 

Agreement (Blue C&A), as appropriate); 

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. No institution will 

receive an Institutional Portion grant if they 

do not also apply for their Student Aid 

portion. Each Certificate and Agreement must 

be completed and include the correct OPE ID 

and DUNS number of the institution for 

which you are requesting funds. Each grantee 

will receive the amount calculated for them 

and listed in Department’s published section 

314(a)(1) 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: Specified in 

each program’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. 

Given the national emergency related to 

COVID–19, the Department may accept 

an application without an active SAM 

registration and may allow registered 

SAM users whose registrations expire 

before May 16, 2020, an additional 60 

days to update their registration, 

consistent with the Office of 

Management and Budget Memo M–20– 

17. 

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. 

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. 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 4031 

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. 

Christopher J. McCaghren, 

Acting Assistant Secretary for Postsecondary 

Education. 

Attachment 1: Example Supplemental 

Agreement for Supplemental Grant 

Funds for Students 

Coronavirus Response and Relief 

Supplemental Appropriations Act, 2021 

Supplemental Agreement (CFDA 84.425E) 

((a)(1) Student Aid Portion) 

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 314(a)(1) of the 

Coronavirus Response and Relief 

Supplemental Appropriations Act, 2021 

(CRRSAA) (Pub. L. 116–260) (supplemental 

award or grant) by the U.S. Department of 

Education (Department) are governed by 

section 314 of the CRRSAA 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 THE 

BEHALF OF THE INSTITUTION YOU 

REPRESENT, AND YOU WARRANT THAT 

YOU HAVE THE AUTHORITY TO BIND THE 

INSTITUTION TO THE FOLLOWING 

CONDITIONS: 

Use of Supplemental Grant Funds: 

1. Section 314(d)(5) of the CRRSAA 

requires Recipient, an institution of higher 

education as defined in section 101 or 102(c) 

of the Higher Education Act of 1965, as 

amended (HEA), 20 U.S.C. 1001 or 1002(c), 

to provide at least the same amount of 

funding in financial aid grants to students as 

was required to be provided under sections 

18004(a)(1) and (c) of division B of the 

Coronavirus Aid, Relief, and Economic 

Security Act (CARES Act) (Pub. L. 116–136). 

The amount of funds made available by this 

supplemental award under CFDA 84.425E 

represents the minimum amount that 

Recipient must use for financial aid grants to 

students. 

2. Under section 314(c)(3) of the CRRSAA, 

Recipient must make financial aid grants 

directly 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. 

3. Recipient acknowledges that it retains 

discretion to determine the amount and 

availability of each individual financial aid 

grant consistent with all applicable laws, 

including non-discrimination laws. Recipient 

further acknowledges that under 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. 

4. Recipient acknowledges that it may not 

condition the receipt of such a 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 financial aid grant 

to the student’s outstanding account balance 

with Recipient as a condition of receipt of or 

eligibility for the financial aid grant. 

5. 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. 

6. 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 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. 

7. 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-bycase basis to exclude individual financial aid 

grants from the calculation of a student’s 

expected family contribution. The Secretary 

does not consider these individual financial 

aid grants to constitute Federal financial aid 

under Title IV of the HEA. 

8. Recipient must notify the Department 

within 30 days if Recipient is required or 

becomes aware that it will be 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 form 

provided attached to this GAN, pursuant to 

section 314(d)(6) of the 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 not draw down more 

than 50% of its total allocation received 

under CRRSAA section 314(a)(1) (combined 

Student Aid Portion and Institutional Portion 

grants under CFDAs 84.425E and 84.425F), 

unless a waiver of this condition has 

requested by Recipient and until approved by 

the Secretary under CRRSAA section 

314(d)(6)(B). 

b. 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. 

Grant Administration: 

9. 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-returninginterest.pdf. 

10. Recipient may not charge any indirect 

or administrative costs to funds made 

available under this supplemental award 

because the allocation in this grant award 

represents the minimum amount of funds 

that must be distributed to students. 

11. 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 the CRRSAA. 

12. Recipient must promptly and to the 

greatest extent practicable distribute all grant 

funds from this award in the form of 

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). 

13. 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. 

14. 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 

4032 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 

terminating the grant award pursuant to 2 

CFR 200.340. 

Reporting and Accountability: 

15. 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 the 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. 

16. 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. 

17. 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. 

18. 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. 

19. 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 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 

Attachment A, which is incorporated by 

reference herein. 

Applicable Law: 

20. 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. 

21. 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). 

22. 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. 

Attachment 2: Example Supplemental 

Agreement for Supplemental Grant Funds for 

Institutions 

Coronavirus Response and Relief 

Supplemental Appropriations Act, 2021 

Supplemental Agreement (CFDA 84.425F) 

((a)(1) Institutional Portion) 

Supplemental Grant Funds for Institutions 

The terms, conditions, and requirements 

governing your institution’s (Recipient’s) use 

of these grant funds awarded pursuant to 

section 314(a)(1) 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 

the CRRSAA and the following terms and 

conditions of this Certification and 

Agreement (C&A): 

BY DRAWING DOWN THESE GRANT 

FUNDS, YOU AGREE TO BE BOUND BY 

THE CONDITIONS SET FORTH ON THE 

BEHALF OF THE INSTITUTION YOU 

REPRESENT, AND YOU WARRANT THAT 

YOU HAVE THE AUTHORITY TO BIND THE 

INSTITUTION TO THE FOLLOWING 

CONDITIONS: 

Use of Supplemental Grant Funds: 

1. Under section 314(c) of the CRRSAA, 

Recipient may use these supplemental grant 

funds for Recipient’s Institutional Costs to 

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); carry out student support activities 

authorized by the Higher Education Act of 

1965, as amended (HEA) that address needs 

related to coronavirus; and make additional 

financial 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. 

2. Recipient acknowledges that no 

supplemental grant funds may be used to 

fund contractors for the provision of preenrollment 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. 

3. Recipient may, but is not required to, 

use funds designated for Recipient’s 

Institutional Costs to provide additional 

financial aid grants to students. If Recipient 

chooses to use these grant funds designated 

for Recipient’s Institutional Costs to provide 

additional financial aid grants to students, 

then those funds are subject to the 

requirements in the Public and Nonprofit 

Institution Grant Funds for Students 

Supplemental Agreement. 

4. The Secretary urges Recipient to devote 

the maximum amount of funds possible to 

financial aid grants to students, including 

some or all of the funds allocated for 

Recipient’s Institutional Costs. 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 if Recipient is required or 

becomes aware that it will be 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 form 

provided as an attachment to this GAN, 

pursuant to section 314(d)(6) of the 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 not draw down more 

than 50% of its total allocation received 

under CRRSAA section 314(a)(1) (combined 

Student Aid Portion and Institutional Portion 

grants under CFDAs 84.425E and 84.425F), 

unless and a waiver of this condition has 

requested by Recipient and until approved by 

the Secretary under CRRSAA section 

314(d)(6)(B). 

b. 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 

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Notices 4033 

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. 

Grant Administration: 

6. 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-returninginterest.pdf. 

7. 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. 

8. 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 the CRRSAA. 

9. Recipient must promptly and to the 

greatest extent practicable expend all grant 

funds from this award within the one-year 

period of performance (2 CFR 200.77) 

specified in Box 6 of this Grant Award 

Notification (GAN). 

10. 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. 

11. 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: 

12. 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 the 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. 

13. 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. 

14. 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. Additionally, Recipient 

must promptly notify the assigned education 

program officer if the Recipient’s Authorized 

Representative changes. 

15. 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. 

16. 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 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 

Attachment A, which is incorporated by 

reference herein. 

Applicable Law: 

17. 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. 

18. 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). 

19. 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. 

[FR Doc. 2021–00935 Filed 1–14–21; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Authorities; 

Innovative Assessment Demonstration 

Authority 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Department of Education 

is issuing a notice inviting applications 

for new authorities for fiscal year (FY) 

2021 under the Innovative Assessment 

Demonstration Authority (IADA). 

DATES: 

Applications Available: January 15, 

2021. 

Deadline for Notice of Intent to Apply: 

February 16, 2021. 

Deadline for Transmittal of 

Applications: March 16, 2021. 

ADDRESSES: For the addresses for 

obtaining and submitting an 

application, please refer to the 

Application and Submission 

Information section of this notice.