15970 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

TIME AND DATE: 9:00 a.m., April 6, 2022. 

PLACE: On board MISSISSIPPI V at 

Greenville City Front, Greenville, 

Mississippi. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Vicksburg 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

TIME AND DATE: 9:00 a.m., April 8, 2022. 

PLACE: On board MISSISSIPPI V at City 

Front, Baton Rouge, Louisiana. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: (1) 

Summary report by President of the 

Commission on national and regional 

issues affecting the U.S. Army Corps of 

Engineers and Commission programs 

and projects on the Mississippi River 

and its tributaries; (2) District 

Commander’s overview of current 

project issues within the Vicksburg 

District; and (3) Presentations by local 

organizations and members of the 

public giving views or comments on any 

issue affecting the programs or projects 

of the Commission and the Corps of 

Engineers. 

CONTACT PERSON FOR MORE INFORMATION: 

Mr. Charles A. Camillo, telephone 601– 

634–7023. 

Diana M. Holland, 

Major General, USA, President, Mississippi 

River Commission. 

[FR Doc. 2022–06002 Filed 3–17–22; 4:15 pm] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; 

Disability Innovation Fund— 

Subminimum Wage to Competitive 

Integrated Employment Innovative 

Model Demonstration Project 

AGENCY: Office of Special Education and 

Rehabilitative Services, Department of 

Education. 

ACTION: Notice. 

SUMMARY: The U.S. Department of 

Education (Department) is issuing a 

notice inviting applications for fiscal 

year (FY) 2022 for the Disability 

Innovation Fund—Subminimum Wage 

to Competitive Integrated Employment 

(SWTCIE) Innovative Model 

Demonstration Project, Assistance 

Listing Number 84.421D. The 

Department intends to fund multiple 

innovative model demonstration 

projects to assist individuals with 

disabilities currently employed in, or 

contemplating, subminimum wage 

employment (i.e., SWTCIE program 

participants) to engage with State 

vocational rehabilitation (VR) agencies 

so they may obtain competitive 

integrated employment (CIE). The 

Rehabilitation Services Administration 

(RSA) recognizes that models to obtain 

CIE are needed for students and youth 

with disabilities seeking subminimum 

wage employment and individuals with 

disabilities who are employed or 

contemplating employment at 

subminimum wage by entities holding 

special wage certificates (employers or 

entities holding 14(c) certificates) under 

section 14(c) of the Fair Labor Standards 

Act of 1938 (FLSA) (‘‘under section 

14(c) certificates’’). This notice relates to 

the approved information collection 

under OMB control number 1820–0018. 

DATES:

Applications Available: March 21, 

2022. 

Deadline for Transmittal of 

Applications: June 21, 2022. 

Date of Pre-Application Meeting: The 

Office of Special Education and 

Rehabilitative Services (OSERS) will 

post a PowerPoint presentation that 

provides general information about 

RSA’s discretionary grants and a 

PowerPoint presentation specifically 

about the SWTCIE Innovative Model 

Demonstration Project at https://

ncrtm.ed.gov/RSAGrantInfo.aspx. In 

addition to posting the PowerPoint, 

OSERS will conduct a pre-application 

meeting specific to this competition via 

conference call to respond to questions. 

Information about the pre-application 

meeting will be available at https://

ncrtm.ed.gov/RSAGrantInfo.aspx prior 

to the date of the call. OSERS invites 

you to send questions to 84.421D@

ed.gov in advance of the pre-application 

meeting. The teleconference 

information, including a summary of the 

84.421D pre-application meeting 

questions and answers, will be available 

at https://ncrtm.ed.gov/RSAGrant

Info.aspx within six business days after 

the pre-application meeting. Deadline 

for Intergovernmental Review: August 

18, 2022. 

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 27, 2021 

(86 FR 73264) and available at 

www.federalregister.gov/d/2021-27979. 

Please note that these Common 

Instructions supersede the version 

published on February 13, 2019, and, in 

part, describe the transition from the 

requirement to register in SAM.gov a 

Data Universal Numbering System 

(DUNS) number to the implementation 

of the Unique Entity Identifier (UEI). 

More information on the phase-out of 

DUNS numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Cassandra P. Shoffler, U.S. Department 

of Education, 400 Maryland Avenue 

SW, Room 5065A, Potomac Center 

Plaza, Washington, DC 20202–2800. 

Telephone: (202) 245–7827. Email: 

84.421D@ed.gov. 

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: 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the Disability Innovation Fund (DIF) 

Program, as provided by the 

Consolidated Appropriations Act, 2021 

(Pub. L. 116–260), is to support 

innovative activities aimed at increasing 

CIE as defined in section 7 of the 

Rehabilitation Act of 1973 

(Rehabilitation Act) (29 U.S.C. 705(5)), 

for youth and other individuals with 

disabilities. 

The purpose of this competition is to 

increase the opportunity for SWTCIE 

program participants—students and 

youth with disabilities seeking 

subminimum wage employment and 

potential VR program applicants or VReligible individuals with disabilities 

who are employed or contemplating 

employment at subminimum wage—to 

obtain CIE, defined in section 7(5) of the 

Rehabilitation Act of 1973 

(Rehabilitation Act) and in the 

Definitions section of this notice. To 

achieve this purpose, projects funded 

under this priority will create 

innovative models, for dissemination 

and replication, to: (1) Identify strategies 

for addressing challenges associated 

with access to CIE (e.g., transportation, 

support services); (2) provide integrated 

services that support CIE; (3) support 

integration into the community through 

CIE; (4) identify and coordinate 

wraparound services for any individual 

served by the project who obtains CIE; 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 15971 

1 ‘‘Supported employment,’’ as defined at section 

7(38) of the Rehabilitation Act (29 U.S.C. 705(38)) 

and 34 CFR 361.5(c)(53), means competitive 

integrated employment, including customized 

employment, or employment in an integrated 

setting in which an individual with a most 

significant disability is working on a short-term 

basis toward competitive integrated employment. 

As such, ‘‘supported employment’’ constitutes an 

‘‘employment outcome’’ under the VR program, as 

that term is defined at section 7(11) of the 

Rehabilitation Act (29 U.S.C. 705(11)) and 34 CFR 

361.5(c)(15). 

(5) develop evidence-based practices 

and share those practices with other 

entities holding 14(c) certificates, State 

VR agencies, local rehabilitation 

providers, State and local workforce 

agencies and regional and local 

employers; and (6) provide entities 

holding section 14(c) certificates with 

readily accessible transformative 

business models for adoption. 

Priorities: This competition contains 

one absolute priority. We are 

establishing the absolute priority for the 

FY 2022 grant competition and any 

subsequent year in which we make 

awards from the list of unfunded 

applications from this competition, in 

accordance with section 437(d)(1) of the 

General Education Provisions Act 

(GEPA), 20 U.S.C. 1232(d)(1). 

Absolute Priority: This priority is an 

absolute priority. Under 34 CFR 

75.105(c)(3), we consider only 

applications that meet this priority. 

This priority is: 

Subminimum Wage to Competitive 

Integrated Employment (SWTCIE) 

Innovative Model Demonstration 

Project. 

Background: 

Since the establishment of the Federal 

minimum wage in 1938, a special 

minimum wage has existed for 

individuals with disabilities. This 

provision allows employers holding a 

section 14(c) certificate from the U.S. 

Department of Labor (DOL) to pay 

individuals with disabilities less than 

the Federal minimum wage that is 

generally mandated for all other 

workers. DOL, Wage and Hour Division, 

14(c) certificate holder reports indicate 

that as of October 1, 2021, there were 

531 entities that have pending 14(c) 

certificates, which do not yet provide 

subminimum employment, and 667 

entities that hold 14(c) certificates with 

39,840 individuals with disabilities 

employed under the 14(c) certificates 

earning a subminimum wage (U.S. 

Department of Labor, 2022). 

As data have shown substantial 

disparity in the wages that these 

individuals receive, the need for policy 

and programming to help identify 

strategies to expand opportunities for 

individuals with disabilities employed 

at subminimum wage is critical. Recent 

Federal, State, and local legislation and 

policy development have focused on 

maximizing opportunities for 

individuals with disabilities to earn 

competitive wages in non-segregated 

settings, thereby enhancing the social 

and economic inclusion and 

empowerment of individuals with 

disabilities. In some cases, State 

legislation and policies emphasize 

eliminating subminimum wage or 

terminating the use of subminimum 

wage for individuals with disabilities 

over a period of time. Changes in 

expectations about community 

integration and employment for 

individuals with disabilities render 

subminimum wage employment an 

outdated model. 

Several States, including Alaska, 

Maine, Maryland, New Hampshire, 

Oregon, Washington, Hawaii, Colorado, 

California, Delaware, Rhode Island, and 

Vermont, have passed or are in the 

process of implementing legislation to 

abolish the payment of subminimum 

wages to individuals with disabilities. 

In addition, some cities, such as Seattle, 

Washington; Reno, Nevada; Chicago, 

Illinois; and Denver, Colorado, have 

such bans in place. 

While passing legislation and 

enacting policies to eliminate 

subminimum wage employment has 

been effective at the State and local 

level, there is a need for an innovative 

focus on eliminating subminimum wage 

employment that also expands 

opportunities for individuals with 

disabilities to obtain CIE. Projects that 

utilize innovative approaches, such as 

those identified within this notice, have 

the potential to prevent the payment of 

a subminimum wage to and improve the 

employment outcomes of individuals 

with disabilities and build the body of 

evidence towards achieving this policy 

goal. 

The Rehabilitation Act, as amended 

by title IV of the Workforce Innovation 

and Opportunity Act (WIOA), defines 

CIE in general as full-time or part-time 

work: (1) In which the individual with 

a disability is paid at or above the 

Federal minimum wage; (2) at a location 

where the individual with a disability 

interacts with individuals without 

disabilities to the same extent that 

individuals without disabilities in 

comparable positions interact with 

others who are not disabled; and (3) that 

presents opportunities for advancement 

that are similar to those provided to 

individuals without disabilities. In this 

notice, the Department uses the 

definition of CIE from 34 CFR 

361.5(c)(9) established for purposes of 

the VR program, which defines CIE as 

work that is, among other things, 

performed in a location: (1) That is 

typically found in the community; and 

(2) in which the individual with a 

disability interacts for the purpose of 

performing the duties of the position 

with other employees within the 

particular work unit and the entire work 

site, and, as appropriate to the work 

performed, other persons (e.g., 

customers and vendors), who are not 

individuals with disabilities (not 

including supervisory personnel or 

individuals who are providing services 

to such employee) to the same extent 

that employees who are not individuals 

with disabilities and who are in 

comparable positions interact with these 

persons. See the Definitions section of 

this notice. 

The purpose of the VR program is to 

assist individuals with disabilities who 

choose to seek CIE, including supported 

employment 1 and customized 

employment, which constitute 

‘‘employment outcomes’’ under the VR 

program as defined in section 7(11) of 

the Rehabilitation Act (29 U.S.C. 

705(11) and 34 CFR 361.5(c)(15)). An 

individual with a disability who 

chooses to pursue non-competitive and/ 

or non-integrated employment is not 

eligible for services under the VR 

program because the individual would 

not be choosing to achieve an 

‘‘employment outcome.’’ To the extent 

an individual with a disability, or their 

representative as appropriate, chooses to 

pursue work that is outside the scope of 

the VR program, VR agency personnel 

play a critical role in making the proper 

referrals to other community resources, 

as required under 34 CFR 361.37(b). 

The VR program expands 

opportunities for individuals with 

disabilities to obtain high-quality CIE 

that leads to economic security and is a 

key resource in furthering the full 

equality and integration of individuals 

with disabilities in American society by 

examining potential employment 

opportunities, and by training and 

preparing individuals with disabilities 

for those opportunities that lead to an 

employment outcome. 

In furthering its mission to assist 

individuals with disabilities to obtain 

CIE, the VR program works with 

employers of all types, including those 

offering non-traditional, flexible, and 

freelance opportunities. The program 

assists and encourages employers to 

fully include individuals with 

disabilities in their workforce by 

creating employment opportunities that 

meet all criteria in the definition of CIE, 

including the criterion for an integrated 

employment location. 


khammond on DSKJM1Z7X2PROD with NOTICES
15972 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

2See References for link to RSA–FAQ 22–02. 

To be considered CIE for purposes of 

both DIF and the VR program, a job 

position must satisfy all three criteria 

related to wages/benefits, integration, 

and opportunities for advancement 

(section 7(5) of the Rehabilitation Act 

(29 U.S.C. 705(5)), 34 CFR 361.5(c)(9), 

and the Definitions section of this 

notice). Please refer to RSA–FAQ 22–02, 

the Frequently Asked Questions (FAQs) 

pertaining to Criterion for an Integrated 

Employment Location in the Definition 

of ‘‘Competitive Integrated 

Employment’’ and Participant Choice 

that was issued by the Rehabilitation 

Services Administration (2021).2

Although the FAQs pertain specifically 

to CIE and the VR program, they provide 

critical information, including 

clarification on the criterion for an 

integrated employment location in the 

definition, that would be applicable to 

the definition for purposes of the DIF 

program. 

Priority: 

The purpose of this priority is to fund 

model demonstration projects designed 

to develop, implement, refine, evaluate, 

and disseminate, for easy adoption, new 

or substantially improved model 

strategies or programs to transition 

SWTCIE program participants to CIE in 

any one of six topic areas. 

Topic Areas: 

Within this absolute priority, the 

Secretary intends to support innovative 

model demonstration projects under the 

following topic areas: (1) Essential 

Workers; (2) Green Job Workers; (3) 

Home and Community-Based Service 

Workers; (4) Arts; (5) Transportation 

Industry and related Industry Workers; 

and (6) Field Initiated. If an applicant 

intends to address multiple topic areas, 

the applicant must combine the topic 

areas in one application and submit it 

under topic area 6, Field Initiated. For 

example, an applicant could apply 

under topic area 6 with a proposed 

project that combines topic area 1 with 

any of topic areas 2–5. Multiple 

applications from a single applicant will 

not be accepted. 

Note: The numbering of the topic 

areas does not reflect an established 

hierarchy or preference among the topic 

areas. 

Topic Area 1: Essential Workers. 

Essential workers are needed 

nationwide as the economy responds to 

the novel coronavirus 2019 (COVID–19). 

The U.S. Department of Homeland 

Security identified essential workers as 

those individuals who conduct a range 

of operations and services that are 

typically essential to continue critical 

infrastructure operations (Hultin, 2021). 

The U.S. Department of Homeland 

Security’s Cybersecurity and 

Infrastructure Security Agency (CISA) 

created guidance, and developed a 

sector-specific list, to assist in the 

identification of essential workers 

(2021). 

Potential SWTCIE program 

participants may already be classified as 

essential workers but work in nonintegrated settings or enclaves. These 

individuals may have the skills, 

abilities, and interest in transferring to 

job positions as essential workers in 

CIE. 

A project in this area will identify and 

implement innovative strategies to assist 

SWTCIE program participants to secure 

CIE as essential workers. 

Topic Area 2—Green Job Workers. 

Workers will be needed for green jobs 

to help the United States reach its goal 

of no longer generating greenhouse gas 

pollution by 2035 (U.S. Department of 

Labor, 2021). The percentage of total 

employment associated with green 

goods and services has increased in the 

United States over the years, presenting 

employment opportunities in related 

emerging fields (U.S. Bureau of Labor 

Statistics, 2013). Innovative inclusion 

practices would provide green job 

opportunities for individuals with 

disabilities, which in turn would also 

improve the outlook in this growing 

sector. 

Green jobs may include solar panel 

installation and maintenance; energy 

efficient HVAC installation; removal of 

excess undergrowth from forests at risk 

of forest fires; operation of businesses 

such as electric vehicle businesses, 

wind and water electricity businesses, 

and hydroponic gardening facilities; and 

many other emerging areas that may 

assist in combating climate change. 

A project in this area will identify and 

implement innovative strategies to assist 

SWTCIE program participants to secure 

CIE as green job workers. 

Topic Area 3—Home and 

Community-Based Service Workers. 

With the aging of the Nation’s 

population and the need for 

independent living for people with 

disabilities leading to increased demand 

for Home and Community Based 

services (HCBS), the United States faces 

an impending crisis in the supply of 

direct support workers. This increased 

demand for HCBS opens the door to 

various employment opportunities. 

Some individuals with significant 

disabilities and older adults who need 

personal services may use or employ 

individuals with disabilities to provide 

the needed personal services. This 

arrangement could provide a mutually 

beneficial relationship between the 

individual with a disability needing 

services, and the individual with a 

disability providing the services. 

A project in this area will identify and 

implement innovative strategies to assist 

SWTCIE program participants to secure 

CIE as home and community-based 

service workers for individuals with 

disabilities, the aging population, or 

both. 

Topic Area 4—Arts. 

The National Endowment for the Arts, 

New Report Released on the Economic 

Impact of the Arts and Cultural Sector 

(2021), indicated that the arts have been 

significantly and negatively impacted by 

COVID–19. As a major employment 

sector, the arts are an essential part of 

building back our Nation’s culture and 

our ability to enjoy being with others in 

public spaces. To rebuild the arts, 

individuals with disabilities should 

have CIE opportunities within every arts 

venue and activity. The arts and culture 

industry shapes culture and cultural 

expectations. Individuals with 

disabilities and their advocates have 

historically promoted representation of 

individuals with disabilities within the 

arts and culture industry. 

The arts employ individuals in many 

settings and positions, such as 

performing artists (e.g., actors, 

musicians, singers, dancers), visual 

artists (e.g., painters, sculptors, jewelers, 

woodworkers), set designers, 

construction workers, costume 

designers, lighting crew, ticket takers, 

cleaners, librarians, advertisers, 

translators, and managers and staff at all 

types of arts venues, and many other 

jobs. These positions are carried out in 

communities of all sizes across the 

Nation. 

A project in this area will identify and 

implement innovative strategies to assist 

SWTCIE program participants to secure 

CIE in the arts, thereby advancing 

meaningful access to and inclusion in 

one or more of these three primary areas 

pertaining to the arts: (1) Education and 

Careers, (2) Community Health/ 

Wellness, and (3) Cultural Spaces. 

(1) Education and Careers: Build a 

bridge to employment opportunities in 

the arts that include education and 

training, including postsecondary 

education opportunities, for SWTCIE 

program participants in all genres of 

arts-based careers. This includes 

reaching students in arts high schools 

and in arts programs, reaching students 

who do not have access to arts curricula, 

and facilitating exposure to work-based 

learning experiences in the arts. 

(2) Community Health/Wellness: 

Foster inclusion in community life and 

promote resilience and social 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 15973 

engagement through CIE in the arts for 

SWTCIE program participants. 

(3) Cultural Spaces: Create access to 

cultural spaces that provide STWCIE 

program participants with CIE 

opportunities in the arts (for example, in 

theaters and performing arts venues; art, 

history, and children’s museums; 

outdoor exhibit spaces such as parks, 

zoos, arboretums, aquariums, and 

recreational spaces), thereby leading to 

increased engagement between 

individuals with and without 

disabilities, more diversity within the 

arts, and empowerment for STWCIE 

program participants in the arts. 

Topic Area 5—Transportation 

Industry and Related Industry Workers. 

According to the Bureau of 

Transportation Statistics (2022), 

‘‘transportation industry’’ refers to the 

for-hire transportation and warehousing 

sector, including but not limited to air, 

rail, water, and truck transportation. 

‘‘Transportation-related industries’’ 

refers to industries outside the for-hire 

transportation and warehousing sector, 

for example motor vehicle parts 

manufacturing and positions within 

Federal and State Departments of 

Transportation. 

A project in this area will identify and 

implement innovative strategies to assist 

SWTCIE program participants to secure 

CIE as a worker within the 

transportation industry or 

transportation-related industries. A 

project in this topic area may align with 

the transportation aspects of the 

Infrastructure Investment and Jobs Act 

(2021). 

Topic Area 6—Field Initiated. 

Field initiated projects will identify 

and implement innovative strategies 

that assist SWTCIE program participants 

to secure CIE. A field initiated project 

may (1) address innovative topic areas 

not otherwise included in this notice, or 

(2) combine two or more topic areas 

described in this notice into one 

application. 

Requirements: 

The following requirements are 

established for the FY 2022 grant 

competition and any subsequent year in 

which we make awards from the list of 

unfunded applications from this 

competition, in accordance with section 

437(d)(1) of GEPA. 

Program and Project Application 

Requirements: 

Under this priority, the model 

demonstration project must, at a 

minimum, meet the following program 

requirements. Applicants must describe, 

in a narrative section of the application, 

how the proposed project will meet 

these requirements. 

(a) Develop, pilot, refine, and 

implement a collaborative model, 

representative of the partnerships with 

key staff in State VR agencies and 

partner programs; employers; local 

educational agencies (LEAs); State 

educational agencies (SEAs); 

community rehabilitation providers 

(CRPs); organizations and associations 

of, or representing, individuals with 

disabilities, students and youth with 

disabilities, parents, family members, 

guardians, and advocates, that can be 

used by State VR agencies and local VR 

providers to assist SWTCIE program 

participants. 

(1) Develop the project. 

(i) Develop a collaborative model to 

assist SWTCIE program participants 

during the first year of the project. 

(ii) Identify and collaborate with 

partners and stakeholders that have 

experience serving populations that are 

diverse with respect to, for example, 

socioeconomic status, race, ethnicity, 

culture, language, disability status, and 

gender. 

(iii) Establish partnerships with State 

VR agencies; individuals with 

disabilities; community-based services 

and CRPs; appropriate employers, 

particularly employers representing the 

selected topic area(s); and other 

agencies and entities that are critical to 

the development and implementation of 

this project. These agencies and entities 

may include SEAs, LEAs, institutions of 

higher education, 14(c) certificate 

holders, workforce providers, support 

service providers, and on-the-job and 

customized training providers. 

(iv) Develop a memorandum of 

understanding (MOU) with each partner 

that describes the specific roles and 

responsibilities. The MOU(s) with the 

described partners must be submitted to 

the Department prior to piloting the 

proposed project and revised, as 

necessary, when implementing the 

project. 

(v) Serve diverse geographic regions, 

such as urban, suburban, rural, and 

Tribal communities, as applicable. 

(vi) Identify and collaborate with a 

workgroup or committee that consists of 

the partnership with key staff in State 

VR agencies and partner programs; 

employers; LEAs; SEAs; CRPs; 

organizations and associations of, or 

representing, individuals with 

disabilities, students and youth with 

disabilities, parents, family members, 

guardians, advocates, other Departmentfunded projects, and authorized 

representatives as directed by RSA. The 

purpose of the workgroup or committee 

is to advise the State VR agency on 

project development and 

implementation, and to identify and 

operationalize partner activities that 

may contribute to the success of 

SWTCIE program participants. 

(vii) Train SWTCIE program 

participants and assist SWTCIE program 

participants in obtaining required 

credentials related to the identified 

topic areas, if applicable. 

(viii) Identify and describe the 

services and supports that will be 

offered to support SWTCIE program 

participants in promoting, accessing, 

achieving, and maintaining CIE in the 

proposed topic area. 

(2) Pilot the project. 

(i) Pilot the project during the second 

year of the project period. 

(ii) The pilot must be aimed at 

assessing, throughout the year, the 

crucial components of the full-scale 

project, including data collection and 

evaluation components, to determine 

whether components will be conducted 

as planned, or need to be altered. 

(3) Refine the project. 

(i) Include a process of continuous 

improvement to ensure that project 

activities are reviewed against the 

project’s goals and objectives and 

refined throughout years two, three, 

four, and five. 

(ii) Refine the project through a 

process for securing feedback, through 

various methods (e.g., in-person, phone, 

virtual) from SWTCIE program 

participants, partners, and stakeholders, 

to ensure continuous improvement and 

refinement of the project throughout 

years two, three, four, and five. 

(4) Implement the project. The 

implementation of the project must 

include collection of baseline data prior 

to the start of the project activities (year 

1), the project pilot (year 2), refinement 

(years 2–5), and data collection and 

assessment of feedback on the plan and 

its impact (e.g., strengths and 

challenges) on transitioning SWTCIE 

program participants to CIE (years 2–5). 

(b) Develop a workplan, to be 

included with the application, that 

addresses the following: 

(1) Collection of baseline data prior to 

the start of project activities (year 1), 

design (year 1), pilot (year 2), 

refinement and implementation (years 

2–5), data collection (years 2–5), 

stakeholder feedback (years 2–5), and 

evaluation on the project and its impact 

(e.g., strengths and challenges) (years 2– 

5) on assisting SWTCIE program 

participants; 

(2) Identification of supports (e.g., 

transportation, financial planning) for 

SWTCIE program participants including 

the rationale for providing the supports 

(e.g., if a support has an evidence base 

of improving CIE) and how the specific 

supports for each SWTCIE program 


khammond on DSKJM1Z7X2PROD with NOTICES
15974 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

participant will be determined (unless 

all participants receive the same 

supports); 

(3) In consultation with the employee 

and their employer, identification of 

efficiencies within the employment 

setting that will be implemented to 

reduce burden, such as the use of 

modern information and 

communications technology for 

oversight and consultation, as an 

alternative to in-person meetings, as 

appropriate, and simplification of timeintensive process requirements; 

(4) Identification of how SWTCIE 

program participants will be provided 

information and support services to 

assist in exercising informed choice 

regarding CIE options, including but not 

limited to participation in on-the-job 

training, job shadowing, and 

internships, to ensure that opportunities 

are identified based on SWTCIE 

program participants’ choices and 

experiences toward achieving CIE 

outcomes; 

(5) Identification and implementation 

of flexible customized employment 

strategies, such as flexible and 

alternative workplace solutions, for 

SWTCIE program participants, as 

appropriate; 

(6) Development and provision of 

outreach and training to SWTCIE 

program participants and, as 

appropriate, their parents or guardians 

to address social inclusion, supported 

decision-making and alternatives to 

guardianship, fair wages and hours, 

skills development, safe and healthy 

workplaces, and supports necessary for 

success (e.g., transportation, financial 

planning); 

(7) Creation of a toolkit that will 

contribute to the assessment of SWTCIE 

program participants’ ability to manage 

major life skills areas, and which will 

include a self-assessment component; 

resources (e.g., agencies and 

organizations that assist job seekers, job 

boards, training programs); and other 

information that can guide users to 

replicate practices, both promising and 

emerging; and 

(8) Creation and dissemination of 

project materials in a format that allows 

States to easily replicate effective 

innovative strategies. The materials 

must include information about the 

project throughout the life of the project 

(years 2–5), including, but not limited 

to, products created, reports, effective 

strategies, implementation challenges 

and strategies for avoiding or 

overcoming these challenges, evaluation 

findings, and other relevant information 

as directed by RSA. 

(c) Develop and conduct an 

evaluation of the project’s performance 

that documents the relationship 

between participants’ engagement with 

or use of specific practices and 

strategies implemented by the project 

and key outcomes. Grantees must 

dedicate sufficient funds throughout the 

project period to cover the costs of 

developing, refining, and implementing 

the evaluation plan, as well as the costs 

associated with collaborating 

throughout the period of performance 

with an independent evaluator 

identified by RSA. 

In the narrative section of the 

application under ‘‘Quality of the 

project evaluation,’’ applicants must 

include an evaluation plan for the 

project. The evaluation plan must— 

(1) Identify formative and summative 

evaluation questions, including 

important process and outcome 

evaluation questions that align to the 

required project logic model. 

(2) Describe how progress in and 

fidelity of implementation, as well as 

project outcomes, will be measured to 

answer the evaluation questions. 

Specify the measures and associated 

instruments or sources for data 

appropriate to the evaluation questions. 

Include information regarding reliability 

and validity of measures where 

appropriate. 

(3) Describe strategies for analyzing 

data and how data collected as part of 

this project will be used to inform and 

refine the proposed logic model and 

evaluation plan, including subsequent 

data collection. 

(4) Provide a timeline for conducting 

the evaluation and include staff 

assignments for completing the plan. 

The timeline must indicate that data 

will be available bi-annually for the 

annual performance report (October 1– 

March 31) and end of year performance 

report (October 1–September 30). 

(5) Collect data regarding SWTCIE 

program participants, including but not 

limited to, demographics and regional 

information. 

(6) Collect baseline data prior to the 

start of the project activities and, at a 

minimum, analyze the following data: 

(i) Number of entities holding or with 

pending applications for a section 14(c) 

certificate in the project’s State; 

(ii) For SWTCIE program participants 

working for an entity holding a section 

14(c) certificate in the project’s State at 

VR application: 

(A) Number that are employed at 

subminimum wage; 

(B) Number that are employed in CIE; 

(C) Number that are employed in 

more than one job, at least one for 

subminimum wage and another in CIE; 

(D) Number of hours worked per week 

and hourly wage at subminimum wage; 

(E) Number of hours worked per week 

and hourly wage in CIE; 

(F) Number of hours worked per week 

and hourly wage in a combination of 

subminimum wage and CIE; 

(iii) For SWTCIE program participants 

who are youths, including students, 

with disabilities: 

(A) Number who are contemplating 

subminimum wage employment at VR 

application; 

(B) Hourly wage at VR application; 

(C) Number who are diverted from 

subminimum wage employment to CIE 

by VR case closure; 

(iv) For SWTCIE program participants 

at VR case closure, with disaggregated 

data for youth, including students, with 

disabilities: 

(A) Number that are employed at 

subminimum wage; 

(B) Number that are employed in CIE; 

(C) Number that are employed in 

more than one job, at least one for 

subminimum wage and another in CIE; 

(D) Number that exit subminimum 

wage employment but do not obtain 

CIE; 

(E) Number of hours worked per week 

and hourly wage at subminimum wage; 

(F) Number of hours worked per week 

and hourly wage in CIE; 

(G) Number of hours worked per week 

and hourly wage in a combination of 

subminimum wage and CIE; 

(H) Data on the effectiveness of 

specific VR services provided to 

SWTCIE program participants that 

transition to CIE; 

(I) VR services that were effective for 

SWTCIE program participants to 

transition from subminimum wage 

employment to CIE; 

(J) Strategies that were effective for 

SWTCIE program participants to exit 

subminimum wage employment and 

obtain CIE; 

(K) Strategies that were effective for 

SWTCIE program participants to 

transition from subminimum wage 

employment to a combination of 

subminimum wage employment and 

CIE; 

(L) Strategies that were effective in 

transitioning from a combination of 

subminimum wage employment and 

CIE to CIE only; 

(M) Strategies that helped to divert 

from considering subminimum wage 

employment; and 

(N) Evaluate the relationship between 

SWTCIE program participants’ 

engagement with or use of specific 

practices and strategies implemented by 

the project and key outcomes. 

(7) Estimate the impact of the project 

on a relevant outcome. 

(8) Make broadly available the results 

of any evaluation(s) conducted of 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 15975 

funded activities, digitally and free of 

charge, through formal (e.g., peer 

reviewed journals) or informal (e.g., 

newsletters) mechanisms. 

(9) Ensure that data from the grantee’s 

evaluation are made available to thirdparty researchers consistent with 

applicable privacy requirements. 

(10) Cooperate on an ongoing basis 

with any technical assistance provided 

by the Department or its contractor(s) 

and comply with the requirements of 

any evaluation of the program 

conducted by the Department. 

General Application Requirements: 

Applicants must identify the specific 

topic area (1, 2, 3, 4, 5, or 6) under 

which they are applying as part of the 

competition title on the application 

cover sheet (SF form 424, line 4). 

Specific Application Requirements: 

In addition to meeting the absolute 

priority, the program and project 

application requirements, and the 

general application requirements, all 

applicants must include the following 

in their applications: 

(a) A detailed review of the literature 

that supports the potential effectiveness 

of the proposed project, its components, 

and processes to assist SWTCIE program 

participants to transition to CIE. 

(b) A description of the defined 

geographic area or areas to be served by 

the project. 

(c) A logic model that communicates 

how the demonstration project will 

achieve its outcomes and provides a 

framework for project evaluation. The 

logic model must— 

(1) Describe, at a minimum, the goals, 

activities, outputs, and intended 

outcomes of the proposed model 

demonstration project; and 

(2) Demonstrate how the proposed 

project components are intended to 

affect the project outcomes. Applicants 

must specifically note the proposed 

project activities that are supported by 

evidence that demonstrates a rationale 

and are depicted in the logic model. 

(d) A description of the applicant’s 

workplan, methods, and criteria for 

implementing the project. 

(e) A cohesive, articulated model of 

partnership and coordination among the 

participating VR agencies, SEAs, LEAs, 

non-profit organizations, employers, 

and SWTCIE program participants. 

(f) A description of how the applicant 

developed the project in coordination 

with the partnerships between key staff 

in State VR agencies and partner 

programs; employers; LEAs; SEAs; 

CRPs; organizations and associations of, 

or representing, individuals with 

disabilities, students and youth with 

disabilities, parents, family members, 

guardians, and advocates to ensure the 

proposed project reflects the needs of 

SWTCIE program participants. 

(g) A description of the applicant’s 

plan, methods, and criteria for 

implementing the project, including a 

cohesive, articulated model of 

coordination and collaboration among 

the identified agencies and 

organizations. 

(h) How the proposed project will— 

(1) Provide project information to 

potential SWTCIE program participants 

and stakeholders, including but not 

limited to, current and future 

employers, LEAs, and local and State 

VR agency representatives; 

(2) Identify local workforce needs that 

are aligned with the topic area; 

(3) Involve appropriate partners (e.g., 

employers, support providers, LEAs) in 

the project design; 

(4) Provide technical assistance or 

other resources (e.g., trainings) to 

partners, participants, project staff, and 

others as appropriate; 

(5) Collaborate with participating 

agencies and organizations; and 

(6) Develop strategies and conduct 

outreach activities to identify potential 

SWTCIE program participants. 

(i) Evidence, based on a needs 

assessment, of— 

(1) The greatest barriers to obtaining 

CIE for SWTCIE program participants in 

the topic area addressed by the project; 

(2) Opportunities in the local 

community to support SWTCIE program 

participants employed at subminimum 

wage to obtain CIE; and 

(3) Other CIE practices, service 

providers, and funding sources. 

(j) A project design and management 

plan that— 

(1) Addresses one or more barriers to, 

or opportunities for, CIE in the topic 

area, as identified in the local needs 

assessment or other data analysis; and 

(2) Uses a community-based strategy 

(or strategies) and measurable objectives 

for that strategy (or strategies) that can 

be used to measure progress toward the 

goal. 

(k) Documentation, such as letters of 

support that would be updated to MOUs 

prior to piloting the proposed project, 

that identifies the responsibilities that 

identifies the responsibilities of each 

partner in the project, including 

subminimum wage employers who will 

collaborate with the project efforts. 

(l) Evidence that the applicant or one 

of its partners has demonstrated the 

capacity to improve outcomes that are 

relevant to the topic area through 

experience with programs funded 

through other sources. 

(m) A description of who will be 

involved in developing and 

implementing the proposed activities. 

(n) Information demonstrating that the 

proposed project is based on research, 

where applicable, or an existing 

program that has been modified to be 

appropriate for SWTCIE program 

participants. 

(o) A description of whether the 

applicant’s proposed project activities 

will be sustained beyond the grant 

performance period, and if so, how the 

applicant proposes to do so. 

(p) A description of how the proposed 

project will conduct dissemination and 

coordination activities to ensure 

accessibility to a broad range of 

stakeholders interested in obtaining, 

adapting, or replicating best practices, 

or models developed and implemented 

by the project. To address this 

requirement, the applicant must 

describe how the proposed project will 

broadly disseminate project findings 

and knowledge gained, successful 

strategies demonstrated under the topic 

area to individuals with disabilities, 

parents, family members, guardians, 

advocates, and authorized 

representatives, other Federal agencies, 

and other State and local VR agencies. 

Note: All products produced by the 

grantees must meet government- and 

industry-recognized standards for 

accessibility, including section 508 of 

the Rehabilitation Act. 

(q) A description of its approach for 

conducting coordination and 

collaboration activities. To meet this 

requirement, the applicant must 

describe how it will— 

(1) Establish a community of practice 

in the topic area that focuses on the 

project’s activities and acts as a vehicle 

for communication and exchange of 

information among SWTCIE program 

participants and other relevant 

stakeholders; 

(2) Maintain ongoing communication 

with the RSA project officer and other 

RSA staff as required; and 

(3) Communicate, collaborate, and 

coordinate, as appropriate, with key 

staff in State VR agencies and partner 

programs; employers; LEAs; SEAs; 

CRPs; organizations and associations of, 

or representing, individuals with 

disabilities, students and youth with 

disabilities, parents, family members, 

guardians, advocates, other Departmentfunded projects, and authorized 

representatives as directed by RSA. 

(r) An assurance that the grantee will 

participate in ongoing discussions, 

facilitated by the Department, with the 

other projects funded under this 

competition concerning the 

development of a data coordination plan 

that is common to all funded projects, 

including— 

(1) Evaluation questions; 


khammond on DSKJM1Z7X2PROD with NOTICES
15976 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

(2) Data collection instruments; 

(3) Synthesis and analysis of the data; 

(4) Acceptable variations across 

projects for the measurement of 

implementation fidelity, model 

acceptability, and data reliability; and 

(5) Collaborative efforts to 

disseminate information about the 

models. Projects must share data with 

the Department in the process of 

implementing the data coordination 

plan, such as the organization of data, 

maintaining data integrity and security, 

and sorting and organizing databases. 

Note: In addition to common data and 

instrumentation, applicants may 

propose in the application to collect and 

analyze data that are not commonly 

collected by all projects, but that 

support the refinement and 

implementation of their model 

demonstration project. 

(s) A description of the detailed 

documentation process that the 

applicant proposes to implement to 

permit model replication should the 

model be successful. 

References 

Guidance on the essential critical 

infrastructure workforce. Cybersecurity 

and Infrastructure Security Agency 

CISA. (n.d.). Retrieved from https://

www.cisa.gov/publication/guidanceessential-critical-infrastructureworkforce 

Hado, E., & Flinn, B. (2021, November). 

Home and community-based services for 

older adults. AARP. Retrieved from 

https://www.aarp.org/ppi/info-2021/ 

home-and-community-based-servicesfor-older-adults.html 

Infrastructure Investment and Jobs Act. 

Public Law 117–58, 135 Stat. 429 (2021). 

https://www.govinfo.gov/app/details/

PLAW-117publ58#:∼:text=An%20act

%20to%20authorize%20funds,programs

%2C%20and%20for%20other

%20purposes. 

New report released on the Economic Impact 

of the Arts and Cultural Sector. New 

Report Released on the Economic Impact 

of the Arts and Cultural Sector. (2021, 

March 30). Retrieved from https://

www.arts.gov/about/news/2021/newreport-released-economic-impact-artsand-cultural-sector 

RSA Issues FAQs related to Criterion for an 

Integrated Employment Location in the 

Definition of ‘‘Competitive Integrated 

Employment’’ and Participant Choice | 

Rehabilitation Services Administration. 

(2021, October 29). Retrieved from 

https://rsa.ed.gov/whats-new/rsa-issuesfaqs-related-criterion-integratedemployment-location-definitioncompetitive 

Suzanne Hultin, L.K. (2021, January 11). 

Covid–19: Essential Workers in the 

States. Retrieved from https://

www.ncsl.org/research/labor-andemployment/covid-19-essential-workersin-the-states.aspx 

U.S. Department of Transportation, Bureau of 

Transportation Statistics. (2022). 

Economic Trends: Transportation 

Employment—Industry. Bureau of 

Transportation Statistics. Retrieved from 

https://data.bts.gov/stories/s/

Transportation-Economic-TrendsTransportation-Empl/caxh-t8jd/ 

U.S. Bureau of Labor Statistics. (2013, March 

19). Green Goods and services news 

release. U.S. Bureau of Labor Statistics. 

Retrieved from https://www.bls.gov/

news.release/ggqcew.htm 

U.S. Department of Labor. 14(C) certificate 

holders. (2022, January 1). Retrieved 

from https://www.dol.gov/agencies/whd/ 

workers-with-disabilities/section-14c/

certificate-holders 

U.S. Department of State and U.S. Executive 

Office of the President. The long-term 

strategy of the United States. (2021 

November). Retrieved from https://

www.whitehouse.gov/wp-content/

uploads/2021/10/US-Long-TermStrategy.pdf 

Waiver of Proposed Rulemaking: 

Under the Administrative Procedure Act 

(5 U.S.C. 553), the Department generally 

offers interested parties the opportunity 

to comment on proposed priorities, 

selection criteria, definitions, and 

requirements. Section 437(d)(1) of 

GEPA, however, allows the Secretary to 

exempt from rulemaking requirements 

regulations governing the first grant 

competition under a new or 

substantially revised program authority. 

This is the first grant competition for 

this program under the authority given 

in the Consolidated Appropriations Act, 

2021, and, therefore, qualifies for this 

exemption. In order to ensure timely 

grant awards, the Secretary has decided 

to forego public comment on the 

priority, requirements, definitions, and 

selection criteria under section 437(d)(1) 

of GEPA. The priority, requirements, 

definitions, and selection criteria will 

apply to the FY 2022 grant competition 

and any subsequent year in which we 

make awards from the list of unfunded 

applications for this competition. 

Definitions: 

For the FY 2022 grant competition 

and any subsequent year in which we 

make awards from the list of unfunded 

applications from this competition, in 

accordance with section 437(d)(1) of 

GEPA, we establish definitions of 

‘‘community of practice,’’ ‘‘competitive 

integrated employment,’’ 

‘‘contemplating subminimum wage 

employment,’’ ‘‘essential workers,’’ 

‘‘green jobs,’’ ‘‘home and communitybased service workers,’’ ‘‘independent 

evaluation,’’ ‘‘individual with a 

disability,’’ ‘‘subminimum wage,’’ 

‘‘SWTCIE program participants,’’ 

‘‘transportation industries,’’ 

‘‘transportation-related industries,’’ and 

‘‘youth with a disability.’’ The 

remaining definitions are from 34 CFR 

77.1. The authority for each definition is 

noted following the text of the 

definition. 

‘‘Community of practice’’ means a 

group of people who work together to 

solve a persistent problem or to improve 

practice in an area that is important to 

them and who deepen their knowledge 

and expertise by interacting on an 

ongoing basis. Communities of practice 

exist in many forms, some large in scale 

that deal with complex problems, others 

small in scale that focus on a problem 

at a very specific level. See http://

www.wintac.org/cop for examples of 

communities of practice established 

through other RSA grants. (Section 

437(d)(1) of GEPA.) 

‘‘Competitive integrated employment’’ 

means work that— 

(i) Is performed on a full-time or parttime basis (including self-employment) 

and for which an individual is 

compensated at a rate that— 

(A) Is not less than the higher of the 

rate specified in section 6(a)(1) of the 

Fair Labor Standards Act of 1938 (29 

U.S.C. 206(a)(1)) or the rate required 

under the applicable State or local 

minimum wage law for the place of 

employment; 

(B) Is not less than the customary rate 

paid by the employer for the same or 

similar work performed by other 

employees who are not individuals with 

disabilities and who are similarly 

situated in similar occupations by the 

same employer and who have similar 

training, experience, and skills; and 

(C) In the case of an individual who 

is self-employed, yields an income that 

is comparable to the income received by 

other individuals who are not 

individuals with disabilities and who 

are self-employed in similar 

occupations or on similar tasks and who 

have similar training, experience, and 

skills; and 

(D) Is eligible for the level of benefits 

provided to other employees; and 

(ii) Is at a location— 

(A) Typically found in the 

community; and 

(B) Where the employee with a 

disability interacts for the purpose of 

performing the duties of the position 

with other employees within the 

particular work unit and the entire work 

site, and, as appropriate to the work 

performed, other persons (e.g., 

customers and vendors), who are not 

individuals with disabilities (not 

including supervisory personnel or 

individuals who are providing services 

to such employee) to the same extent 

that employees who are not individuals 

with disabilities and who are in 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 15977 

3U.S. Department of Homeland Security 

Cybersecurity; Infrastructure Security Agency. 

(2020, March 28). CISA guidance on essential 

critical infrastructure workers. Advisory 

Memorandum on Identification of Essential Critical 

Infrastructure Workers During COVID–19 Response. 

Retrieved December 2, 2021, from https://

www.cisa.gov/sites/default/files/publications/ 

Version_3.0_CISA_Guidance_on_Essential_Critical_

Infrastructure_Workers_1.pdf. 

4U.S. Bureau of Labor Statistics. (n.d.). Overview 

of the BLS green jobs initiative. U.S. Bureau of 

Labor Statistics. Retrieved November 16, 2021, from 

https://www.bls.gov/green/home.htm. 

5Medicare and Medicaid Services, Home- and 

Community-Based Services, https://www.cms.gov/ 

Outreach-and-Education/American-Indian-AlaskaNative/AIAN/LTSS-TA-Center/info/hcbs. 

6Transportation Economic Trends: 

Transportation Employment—Industry 

(www.bts.gov). 

7Transportation Economic Trends: 

Transportation Employment—Industry 

(www.bts.gov). 

comparable positions interact with these 

persons; and 

(iii) Presents, as appropriate, 

opportunities for advancement that are 

similar to those for other employees 

who are not individuals with 

disabilities and who have similar 

positions. (Section 437(d)(1) of GEPA.) 

‘‘Contemplating subminimum wage 

employment’’ means that the SWTCIE 

project participant has in mind, as a 

probable though not certain intention, to 

enter subminimum wage employment. 

(Section 437(d)(1) of GEPA.) 

‘‘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. (34 CFR 

77.1.) 

‘‘Essential workers’’ 3 are those who 

conduct a range of operations and 

services that are typically essential to 

continue critical infrastructure 

operations. (Section 437(d)(1) of GEPA.) 

‘‘Green jobs’’ 4 are jobs in businesses 

that produce goods or provide services 

that benefit the environment or conserve 

natural resources or are jobs in which 

workers’ duties involve making their 

establishment’s production processes 

more environmentally friendly or use 

fewer natural resources. (Section 

437(d)(1) of GEPA.) 

‘‘Home and community-based service 

(HCBS) workers’’ 5 are those who 

provide a type of person-centered care 

delivered in the home and community. 

A variety of health and human services 

can be provided. HCBS workers address 

the needs of people with functional 

limitations who need assistance with 

everyday activities, like getting dressed 

or bathing. HCBS workers often enable 

people to stay in their homes, rather 

than moving to a facility for care. 

(Section 437(d)(1) of GEPA.) 

‘‘Independent evaluation’’ means an 

evaluation that is designed and carried 

out independent of, and external to, the 

grantee but in coordination with any 

employees of the grantee who develop 

a process, product, strategy, or practice 

that is currently being implemented as 

part of the grant’s activities. (Section 

437(d)(1) of GEPA.) 

‘‘Individual with a disability’’ means 

an individual who— 

(a) Has a physical or mental 

impairment that for such individual 

constitutes or results in a substantial 

impediment to employment; and 

(b) Can benefit in terms of an 

employment outcome from vocational 

rehabilitation services provided 

pursuant to Title I, III, or VI of the 

Rehabilitation Act. (Section 437(d)(1) of 

GEPA.) 

‘‘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. (34 CFR 77.1.) 

‘‘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). 

(34 CFR 77.1.) 

‘‘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. (34 CFR 77.1.) 

‘‘Subminimum wage’’ means an 

amount less than the Federal minimum 

wage, as determined by the U.S. 

Department of Labor. (Section 437(d)(1) 

of GEPA.) 

‘‘SWTCIE program participants’’ 

means individuals with disabilities, 

including students and youth with 

disabilities, working at subminimum 

wage or contemplating subminimum 

wage employment with an entity 

holding a section 14(c) certificate, 

regardless of whether they have applied, 

or been determined eligible, for the VR 

program, or have a signed 

Individualized Plan for Employment. 

These participants must be willing to 

pursue opportunities in CIE. (Section 

437(d)(1) of GEPA.) 

‘‘Transportation industries’’ 6 means 

industries related to the for-hire 

transportation and warehousing sector, 

such as air, rail, water, and truck 

transportation. (Section 437(d)(1) of 

GEPA.) 

‘‘Transportation-related industries’’ 7

means industries outside the for-hire 

transportation and warehousing sector, 

such as motor vehicle parts 

manufacturing and Federal and State 

Departments of Transportation. (Section 

437(d)(1) of GEPA.) 

‘‘Youth(s) with a disability’’ means an 

individual(s) with a disability who is 

not— 

(1) Younger than 14 years of age; and 

(2) Older than 24 years of age. 

(Section 437(d)(1) of GEPA.) 

Program Authority: Consolidated 

Appropriations Act, 2021 (Pub. L. 116– 

260), 134 Stat. 1602. 

Note: Projects will be awarded and 

must be operated in a manner consistent 

with the nondiscrimination 

requirements contained in Federal civil 

rights laws. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations in 34 CFR 

parts 75, 77, 79, 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 (Uniform Guidance) 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: Discretionary grants 

negotiated as cooperative agreements. 

Estimated Available Funds: 

$167,327,358. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in FY 

2023 from the list of unfunded 

applications from this competition. 

Estimated Range of Awards: 

$3,548,387 to $13,943,946 (frontloaded 

for the 60-month project period). 

Estimated Average Size: $8,971,973. 

Maximum Award: We will not make 

an award exceeding $13,943,946 for a 

single budget period of 60 months. 

Estimated Number of Awards: 12 (if 

all awards are made at the maximum 

award amount) to 18 (if all awards are 

made at the estimated average size). 

Note: The Department is not bound by 

any estimates in this notice. 

Project Period: Up to 60 months. 


khammond on DSKJM1Z7X2PROD with NOTICES
15978 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

Note: The Final Performance Report 

must be completed and submitted by 

the end of the project period, September 

30, 2027. Therefore, the proposed 

project must complete core project 

activities to allow sufficient time for the 

evaluation and final performance report 

to be completed and submitted by the 

end of the project period on September 

30, 2027. 

Note: Applicants under this 

competition are required to provide 

detailed budget information for the total 

grant period, including detailed budget 

information for each of the five years of 

the proposed project. 

III. Eligibility Information 

1. Eligible Applicants: State VR 

agencies, excluding State VR agencies in 

States that have completely phased out 

subminimum wage employment. 

2. a. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. 

b. Indirect Cost Rate Information: This 

program uses an unrestricted indirect 

cost rate. 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. 

c. 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 the Cost Principles described in 2 

CFR part 200 subpart E of the Uniform 

Guidance. 

Note: All administrative expenses 

incurred under the DIF program must be 

reasonable and necessary for the 

administration of the DIF program and 

must conform to the requirements of the 

Federal Cost Principles described in 2 

CFR 200.403 through 200.405. This 

means that the administrative costs 

incurred must be necessary and 

reasonable for the performance of the 

DIF award and must be allocable to that 

award. Although in certain 

circumstances, participants served and 

services provided are the same under 

both the VR and DIF programs, these 

programs are separate and distinct 

Federal programs with separate and 

distinct funding streams and 

requirements. As such, when allocating 

administrative costs between the DIF 

and VR programs, grantees must allocate 

the costs in accordance with the 

requirements of 2 CFR 200.405. This 

means that both VR and DIF program 

funds could be used to pay 

administrative costs associated with 

staff time providing services; however, 

with respect to those administrative 

activities limited to the DIF program, 

such as submitting progress reports, 

grantees must use only DIF program 

funds (or other State funds) to pay these 

costs. VR program funds and nonFederal funds used for match under the 

VR program can only pay for allowable 

costs under the VR program, including 

administrative costs, in accordance with 

2 CFR 200.403 through 200.405. 

3. Subgrantees: Under the 

Consolidated Appropriations Act, 2021, 

a grantee under this competition may 

award subgrants for a portion of the 

funds to other public and private, 

nonprofit entities to directly carry out 

project activities described in the 

grantee’s application. Under 34 CFR 

75.708(b) and (c), a grantee under this 

competition may award subgrants—to 

directly carry out project activities 

described in its application—to the 

following types of entities: Public and 

private, non-profit entities, LEAs, SEAs, 

and institutions of higher education. 

The grantee may award subgrants to 

entities it has identified in an approved 

application. 

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 27, 2021 (86 FR 73264) and 

available at www.federalregister.gov/d/ 

2021-27979, which contain 

requirements and information on how to 

submit an application. Please note that 

these Common Instructions supersede 

the version published on February 13, 

2019, and, in part, describe the 

transition from the requirement to 

register in SAM.gov a DUNS number to 

the implementation of the UEI. More 

information on the phase-out of DUNS 

numbers is available at https://

www2.ed.gov/about/offices/list/ofo/ 

docs/unique-entity-identifier-transitionfact-sheet.pdf. 

2. Submission of Proprietary 

Information: Given the types of projects 

that may be proposed in applications for 

the Disability Innovation Fund, your 

application may include business 

information that you consider 

proprietary. In 34 CFR 5.11 we define 

‘‘business information’’ and describe the 

process we use in determining whether 

any of that information is proprietary 

and, thus, protected from disclosure 

under Exemption 4 of the Freedom of 

Information Act (5 U.S.C. 552, as 

amended). 

Because we plan to make successful 

applications available to the public, you 

may wish to request confidentiality of 

business information. 

Consistent with Executive Order 

12600, please designate in your 

application any information that you 

believe is exempt from disclosure under 

Exemption 4. In the appropriate 

Appendix section of your application, 

under ‘‘Other Attachments Form,’’ 

please list the page number or numbers 

on which we can find this information. 

For additional information please see 34 

CFR 5.11(c). 

3. Intergovernmental Review: This 

competition 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 

competition. 

4. Funding Restrictions: We reference 

regulations outlining funding 

restrictions in the Applicable 

Regulations section of this notice. 

5. 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 45 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, including titles, 

headings, footnotes, quotations, 

references, and captions, as well as all 

text in charts, tables, figures, and 

graphs. 

• Use a font that is either 12 point 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, 

the resumes, the bibliography, or the 

letters of support. However, the 

recommended page limit does apply to 

all of the application narrative. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this competition are from 34 

CFR 75.210 or are established for the FY 

2022 grant competition and any 

subsequent year in which we make 

awards from the list of unfunded 

applications from this competition, in 

accordance with section 437(d)(1) of 

GEPA, and are as follows: 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 15979 

(a) Need for project and significance 

of the project (10 points) 

(1) The Secretary considers the need 

for the proposed project and the 

significance of the proposed project. 

(2) In determining the need for the 

proposed project and the significance of 

the proposed project, the Secretary 

considers the following factors: 

(i) The national significance of the 

proposed project. 

(ii) The magnitude of the need for the 

services to be provided or the activities 

to be carried out by the proposed 

project. 

(iii) The extent to which the proposed 

project is likely to build local capacity 

to provide, improve, or expand services 

that address the needs of the target 

population. 

(b) Quality of the project design (20 

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 the following 

factors: 

(i) The extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified and measurable. 

(ii) The extent to which the design of 

the proposed project reflects up-to-date 

knowledge from research and effective 

practice. 

(iii) The extent to which the results of 

the proposed project are to be 

disseminated in ways that will enable 

others to use the information or 

strategies. 

(iv) The extent to which the proposed 

project represents an exceptional 

approach to the priority or priorities 

established for the competition. 

(v) The extent to which performance 

feedback and continuous improvement 

are integral to the design of the 

proposed project. 

(c) Quality of project services (20 

points) 

(1) The Secretary considers the 

quality of the services to be provided by 

the proposed project. 

(2) In determining the quality of 

services to be provided by the proposed 

project, the Secretary considers the 

quality and sufficiency of strategies for 

ensuring equal access and treatment for 

eligible project participants who are 

members of groups that have 

traditionally been underrepresented 

based on race, color, national origin, 

gender, age, or disability. 

(3) In addition, the Secretary 

considers the following factors: 

(i) The extent to which the services to 

be provided by the proposed project 

involve the collaboration of appropriate 

partners for maximizing the 

effectiveness of project services. 

(ii) The extent to which the services 

to be provided by the proposed project 

are appropriate to the needs of the 

intended recipients or beneficiaries of 

those services. 

(iii) The likely impact of the services 

to be provided by the proposed project 

on the intended recipients of those 

services. 

(iv) The likelihood that the services to 

be provided by the proposed project 

will lead to improvements in skills 

necessary to obtain CIE. 

(d) Quality of the project evaluation 

(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 

evaluation, the Secretary considers the 

following factors: 

(i) The extent to which the methods 

of evaluation are thorough, feasible, and 

appropriate to the goals, objectives, and 

outcomes of the proposed project. 

(ii) 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. 

(iii) The extent to which the 

evaluation will provide performance 

feedback and permit periodic 

assessment of progress toward achieving 

intended outcomes. 

(iv) The extent to which the methods 

of evaluation will, if well implemented, 

produce promising evidence (as defined 

in 34 CFR 77.1(c)) about the project’s 

effectiveness. 

(e) Quality of project personnel (15 

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, 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. 

(3) In addition, the Secretary 

considers the following factors: 

(i) The qualifications, including 

relevant training and experience, of the 

project director or principal 

investigator. 

(ii) The qualifications, including 

relevant training and experience, of key 

project personnel. 

(iii) The extent to which the time 

commitments of the project director and 

principal investigator and other key 

personnel are appropriate and adequate 

to meet the objectives of the proposed 

project. 

(f) Adequacy of resources (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 the following 

factors: 

(i) The relevance and demonstrated 

commitment of each partner in the 

proposed project to the implementation 

and success of the project. 

(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. 

(iii) The potential for the 

incorporation of project purposes, 

activities, or benefits into the ongoing 

program of the agency or organization at 

the end of the Federal funding. 

(iv) The adequacy of support, 

including facilities, equipment, 

supplies, and other resources, from the 

applicant organization or the lead 

applicant organization. 

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). 

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 


khammond on DSKJM1Z7X2PROD with NOTICES
15980 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 

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 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 semiannual and annual 

performance reports that provide 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 

and reporting. In this case, the Secretary 

establishes a data collection period. 

5. Performance Measures: For this 

competition, the Department has 

established the following performance 

measures for the purpose of Department 

reporting under 34 CFR 75.110. 

(a) The percent of project participants 

who transition from subminimum wage 

employment to CIE; and 

(b) The percent of project participants 

who are contemplating subminimum 

wage employment for the first time but 

are redirected to CIE. 

These performance measures are 

consistent with, and included in, the 

performance measures in paragraphs 

(c)(5) and (6) of the Program and Project 

Application Requirements. 

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. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Notices 15981 

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. 

Katherine Neas, 

Deputy Assistant Secretary. Delegated the 

authority to perform the functions and duties 

of the Assistant Secretary for the Office of 

Special Education and Rehabilitative 

Services. 

[FR Doc. 2022–05974 Filed 3–18–22; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; Alaska 

Native Education Program; 

Amendments 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Notice; amendments. 

SUMMARY: On January 12, 2022, we 

published in the Federal Register a 

notice inviting applications (NIA) for 

new awards for fiscal year (FY) 2022 for 

the Alaska Native Education (ANE) 

program, Assistance Listing Number 

(ALN) 84.356A. Since that time, 

Congress passed, and the President 

signed, the Consolidated Appropriations 

Act, 2022 (the Act), which provides 

funding for the awards under this 

competition. We are amending the NIA 

to provide, consistent with the Act, that 

the administrative cost cap in section 

6205(b) of the Elementary and 

Secondary Education Act of 1965 

(ESEA) applies only to direct 

administrative costs for grants awarded 

using FY 2022 appropriations and to 

clarify that funds may be used for 

construction. This notice relates to the 

approved information collection under 

OMB control number 1894–0006. 

DATES: Deadline for Transmittal of 

Applications: April 26, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Almita Reed, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Room 3E222, Washington, DC 20202. 

Telephone: (202) 260–1979. Email: 

OESE.ASKANEP@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service, toll free, at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2022, we published in the 

Federal Register the NIA for FY 2022 

for the ANE program (87 FR 1732). The 

ANE NIA established a deadline date of 

March 14, 2022, for transmittal of 

applications. On March 2, 2022, we 

published a notice in the Federal 

Register (87 FR 11698) extending the 

application deadline date to April 26, 

2022 (Extension Notice). 

On March 15, 2022, Congress passed 

and the President signed the Act, which 

provides funding for the awards under 

this competition. The Act provides that 

the five percent limitation in section 

6205(b) of the ESEA on the use of funds 

for administrative purposes applies only 

to direct administrative costs and that 

funds may be used for construction. 

Accordingly, we are amending the NIA 

to notify prospective applicants that no 

more than five percent of funds awarded 

for a FY 2022 grant under this program 

may be used for direct administrative 

costs. We are also amending the NIA to 

clarify that funds may be used for 

construction. All other requirements 

and conditions stated in the NIA, as 

amended by the Extension Notice, 

remain the same. 

Amendments: 

In FR Doc. No. 2022–00411, appearing 

on page 1732 of the Federal Register of 

January 12, 2022, we make the following 

amendments: 

1. On page 1733, in the left column, 

in the section titled ‘‘Absolute Priority’’, 

remove the note after ‘‘2. Collects data 

to assist in the evaluation of the 

programs carried out under the ANE 

program.’’ and add in its place: 

Note: The use of FY 2022 funds for 

the purpose of construction is a 

permissible activity as authorized by 

Congress. 

2. On page 1735, in the left column, 

remove the text after the heading ‘‘4. 

Funding Restrictions:’’ and add in its 

place: No more than five percent of FY 

2022 funds awarded for a grant under 

this program may be used for direct 

administrative costs (ESEA section 

6205(b) and the Consolidated 

Appropriations Act, 2022 (the Act)). 

This five percent limit does not include 

indirect costs. 

Note: In general, for purposes of this 

competition, the five percent limit on 

administrative costs under ESEA section 

6205(b) includes direct and indirect 

administrative costs. In the Act, 

however, Congress explicitly specified 

that, for FY 2022 funds, the 

administrative cost cap refers only to 

direct administrative costs. 

We reference regulations outlining 

additional funding restrictions in the 

Applicable Regulations section of this 

notice. 

Program Authority: Title VI, part C of 

the ESEA (20 U.S.C. 7541–7546); 

Consolidated Appropriations Act, 2022. 

Accessible Format: On request to the 

contact person listed under FOR FURTHER

INFORMATION CONTACT, individuals with 

disabilities can obtain this notice, the 

NIA, the Extension Notice, 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. 

Ruth E. Ryder, 

Deputy Assistant Secretary for Policy and 

Programs, Office of Elementary and 

Secondary Education. 

[FR Doc. 2022–05926 Filed 3–18–22; 8:45 am] 

BILLING CODE 4000–01–P 

ELECTION ASSISTANCE COMMISSION 

Sunshine Act Meetings 

AGENCY: U.S. Election Assistance 

Commission. 

ACTION: Notice of public meeting 

agenda. 

SUMMARY: U.S. Election Assistance 

Commission Meeting to Vote on 


khammond on DSKJM1Z7X2PROD with NOTICES