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**Update:** On Wednesday June 17, 2020, the Department published  its Interim Final Rule (IFR) regarding Eligibility of Students at Institutions of  Higher Education for Funds Under the Coronavirus Aid, Relief, and Economic  Security (CARES) Act here.  The IFR constitutes the Department’s binding final rule regarding student  eligibility for HEERF assistance, and carries the force of law except as enjoined  pursuant to the following district court decisions:

- On Friday June 12, 2020, the United States District       Court for the Eastern District of Washington entered an Order       preliminarily enjoining the Department of Education “from implementing or       enforcing the provisions in the April 21, 2020 guidance and the Interim       Final Rule that restricts the discretion of higher education institutions       in the State of Washington to determine which students will receive CARES       Act student emergency financial assistance grants to only those students       who are eligible for federal financial aid under Title IV.” *Washington       v. DeVos*, No. 2:20-cv-00182-TOR, Order at 36, ECF No. 31.

In its Order the Court stated that  the “preliminary injunction does not lift the restrictions of 8 U.S.C. §  1611(a).” Order at 21, 36.

- On Wednesday June 17, 2020, the United States District       Court for the Northern District of California entered an Order       preliminarily enjoining the Department of Education “with respect to any       community college in California [from] imposing or enforcing any       eligibility requirement for students to receive HEERF assistance,       including those requirements asserted and set forth in” the April 21       guidance documents, the May 21 updated statement, and the Interim Final       Rule. *Oakley v. DeVos*, No. 4:20-cv-03215-YGR, Order at 28, ECF No.       44.  Those documents had       referenced Title IV’s eligibility criteria and applicable restrictions       under 8 U.S.C. § 1611(a).

The Department will fully comply with the Orders as long as  they are in effect with regard to the entities to which they apply but will  enforce the IFR and other applicable law to the extent not enjoined. The  Department is considering its options in responding to these preliminary  injunctions.

### Reporting and Data Collection

- CARES Act Quarterly Reporting Statement for all grantees (reporting requirements met under Federal Funding Accountability  and Transparency Act of 2006 (FFATA)) (PDF, July 9, 2020)
- HEERF Public Reporting Requirement (Electronic Announcement, May 6, 2020)

### Supplemental FAQs for the CARES Act Higher Education Emergency Relief Fund

**Supplemental FAQs** (Issued June 30, 2020 and Revised August 6, 2020)

### New COVID-19 FAQ’s for Title III, IV, V, and VII Grantees

**COVID-19 FAQ for Grantees**

### CARES Act: Higher Education Emergency Relief Fund

Unofficial copy of Interim Final Rule on eligibility

Updated  statement 5/21/2020:The Department has stated on its guidance portal that  “guidance documents lack the force and effect of law.” See U.S. Department of  Education’s Guidance Homepage,  https://www2.ed.gov/policy/gen/guid/types-of-guidance-documents.html (“Guidance documents represent the ED’s current thinking on a topic. They do  not create or confer any rights for or on any person and do not impose any  requirements beyond those required under applicable law and regulations.  Guidance documents lack the force and effect of law.”); compare, e.g., OPE  Guidance Documents, https://www2.ed.gov/about/offices/list/ope/guidance.html (“Guidance documents lack the force and effect of law.”). On February 26, 2020,  the Department published a Federal Register notice stating this principle along  with an announcement of the existence and location of its guidance portal.  Notice of Guidance Portal, 85 Fed. Reg. 11056, https://www.govinfo.gov/content/pkg/FR-2020-02-26/pdf/2020-03811.pdf.  The statement applies to all of the Department’s guidance except as authorized  by law or as incorporated into a contract.

This  includes, for example, the statements in response to question 5 of the Higher  Education Emergency Relief Fund Institutional Frequently Asked Question  document located here and question 9 of the HEERF Student FAQ document located  here explaining that only students who are or could be eligible to participate  in programs under Section 484 in Title IV of the Higher Education Act of 1965,  as amended, may receive emergency financial aid grants. HEERF Institutional  FAQs at 2, HEERF Student FAQs at 4. The Department will not initiate any  enforcement action based solely on these statements because they lack the force  and effect of law. In contrast, the underlying statutory terms in the CARES Act  are legally binding, as are any other applicable statutory terms, such as the  restriction in 8 U.S.C. § 1611 on eligibility for Federal public benefits  including such grants.

In  addition, the Department reiterates its guidance that emergency  financial aid grants under Section 18004(c) of the CARES Act may only be given  to those who are or could be eligible to participate in programs under Section  484 in Title IV of the Higher Education Act of 1965, as amended (HEA), but  emphasizes that that guidance is specific to the distribution of emergency  financial aid grants and does not apply to the use of HEERF institutional  allocations to cover any costs associated with significant changes to the  delivery of instruction due to the coronavirus. The Department continues to  consider the issue of eligibility for HEERF emergency financial aid grants  under the CARES Act and intends to take further action shortly.

Please refer to the posted instructions below on navigating  the grants.gov website and uploading Certificates of Agreement, and please  refer to the Secretary’s letter below for guidance regarding distribution and  usage of these funds.

| Student Aid | Institutional Portion | Historically Black Colleges and Universities | 
| American Indian Tribally Controlled Colleges and Universities |  *Minority Serving Institutions ||*Strengthening Institutions Program |   Fund for the Improvement of Postsecondary Education |

*Minority Serving Institutions include institutions that would be eligible to participate in the following programs: Predominantly Black Institutions, Alaska Native and Native Hawaiian-Serving Institutions, Asian American and Native American Pacific Islander-Serving Institutions, Native American-Serving Nontribal Institutions, Developing Hispanic-Serving Institutions Program, and Promoting Postbaccalaureate Opportunities for Hispanic Americans.

*Strengthening Institutions include institutions that are not participating in the other MSI programs but have at least 50 percent of their degree students receiving need-based assistance under Title IV of the Higher Education Act or have a substantial number of enrolled students receiving Pell Grants, and have low educational and general expenditures.

## Higher Education Emergency Relief Fund - Student Aid

**Information for Students**

The CARES Act Higher Education Emergency Relief Fund-IHE/Student Aid provides funding to institutions to provide emergency financial aid grants to students whose lives have been disrupted, many of whom are facing financial challenges and struggling to make ends meet.  Students cannot apply for assistance directly from the U.S. Department of Education but should contact their institutions for further information and guidance.  Institutions have the responsibility of determining how grants will be distributed to students, how the amount of each student grant is calculated, and the development of any instructions or directions that are provided to students about the grant.

Please note that the Department will soon be announcing a deadline by which institutions of higher education must apply for the Higher Education Emergency Relief (HEER) funding under section 18004a(1) of the CARES Act. A formal notice will be published in the Federal Register in the near future.  We will update this website with the appropriate notices and information when they become available.

The funding opportunity number is  ED-GRANTS-041020-003. If you have questions concerning this program,  please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEERF- Student Aid

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (148K)
  Visual aid: PDF (1.2M)
	  
    How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### Letter from the Secretary

CARES  Act grant funding cover letter:  PDF (138K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:  PDF (828K)

### Formula allocations

Allocations for Section 18004(a)(1) of CARES Act: PDF (1.28M)

Methodology for Calculating Allocations: PDF (138K)

### Frequently Asked Questions

Frequently Asked Questions about the Emergency Financial Aid Grants to Students under Section 18004(a)(1) and 18004(c) of the CARES Act PDF (189K) (and please see the updated statement referencing this document at the top of this page)

Internal  Revenue Service FAQs regarding Grants under the CARES Act

### Student Frequently Asked Questions

Frequently Asked Questions about the Emergency Financial Aid Grants to Students PDF (106K)

## Higher Education Emergency Relief Fund-Institutional Portion

The funding opportunity number is  ED-GRANTS-042120-004. If you have questions concerning this program, please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEERF-IHEs-Institutional Portion

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (153K)
    Visual aid: PDF (1.2M)
		How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### Letter from the Secretary

CARES  Act grant funding cover letter:  PDF (156K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:  PDF (891K)

### Formula allocations

Allocations for Section 18004(a)(1) of CARES Act: PDF (2.01M)

Methodology for Calculating Allocations: PDF (138K)

### Frequently Asked Questions

Frequently Asked Questions about the Institutional Portion of the HEERF under Section 18004(a)(1) and 18004(c) of the CARES Act PDF (202K) (and please see the updated statement referencing this document at the top of this page)

Internal  Revenue Service FAQs regarding Grants under the CARES Act

## Higher Education Emergency Relief Fund (a)(1) Reserve

### A Certificate of Agreement

Institutional Certification and Agreement:  PDF (187K)

Student Certification and Agreement: PDF (202K)

### Request for an Allocation

Application  for Reserve under Section 18004(a)(1) of CARES Act: PDF (203K)

## Higher Education Emergency Relief Fund-Historically Black  Colleges and Universities

The funding opportunity number is  ED-GRANTS-043020-001. If you have questions concerning this program, please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEER - Historically Black Colleges and Universities

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (175K)
    Visual aid: PDF (1.2M)
		How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### Letter from the Secretary

CARES  Act grant funding cover letter: PDF (147K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:   PDF (191K)

### Formula allocations

Allocations for Section 18004(a)(2) of CARES Act: EXCEL (304K)

Methodology for Calculating Allocations: PDF (167K)

## Higher Education Emergency Relief Fund-Tribally Control  Colleges and Universities

The funding opportunity number is  ED-GRANTS-043020-002. If you have questions concerning this program, please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEERF-Tribally Control Colleges and Universities

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (175K)
    Visual aid: PDF (1.2M)
		How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### Letter from the Secretary

CARES  Act grant funding cover letter:  PDF (147K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:   PDF (191K)

### Formula allocations

Allocations for Section 18004(a)(2) of CARES Act: EXCEL (304K)

Methodology for Calculating Allocations: PDF (167K)

## Higher Education Emergency Relief Fund-Minority Serving  Institutions

The funding opportunity number is  ED-GRANTS-043020-003. If you have questions concerning this program, please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEERF-Minority Serving Institutions

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (174K)
    Visual aid: PDF (1.2M)
		How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### Letter from the Secretary

CARES  Act grant funding cover letter:  PDF (147K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:   PDF (191K)

### Formula allocations

Allocations for Section 18004(a)(2) of CARES Act: EXCEL (304K)

Methodology for Calculating Allocations: PDF (167K)

## Higher Education Emergency Relief Fund-Strengthening  Institutions Program

The funding opportunity number is  ED-GRANTS-043020-004. If you have questions concerning this program, please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEERF-Strengthening Institutions Program

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (174K)
    Visual aid: PDF (1.2M)
		How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### Letter from the Secretary

CARES  Act grant funding cover letter: PDF (147K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:  PDF (191K)

### Formula allocations

Allocations for Section 18004(a)(2) of CARES Act: EXCEL (304K)

Methodology for Calculating Allocations: PDF (167K)

## Higher Education Emergency Relief Fund-FIPSE

The funding opportunity number is  ED-GRANTS-043020-005. If you have questions concerning this program, please submit them via e-mail to HEERF@ed.gov., or by phone, at  202-377-3711.

### Guidance on How to Apply for Funding-HEERF-FIPSE

- Grants.gov Submission Procedures and Tips for Applicants:  PDF (169K)
- A Guide for how to apply for funding in GRANTS.gov: PDF (174K)
    Visual aid: PDF (1.2M)
		How to upload a Workspace  PDF (101K)
- Visual aid: PDF (1.2M)
- How to upload a Workspace  PDF (101K)

### A Certificate of Agreement

CARES  HEERF Certification and Agreement:  PDF (192K)

### Formula allocations

Allocations for Section 18004(a)(3) of CARES Act: EXCEL (106K)

Methodology for Calculating Allocations: PDF (114K)

### Budget and Expenditure Reporting

Budget and Expenditure Reporting under Section 18004(a)(3) of the CARES Act: PDF (204K)