[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Pages 19496-19498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07053]


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DEPARTMENT OF EDUCATION


Notice of Automatic Extension of Performance Period for All Open 
Grants Issued Under the Higher Education Emergency Relief Fund (HEERF)

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The U.S. Department of Education (Department) is issuing this 
notice regarding the automatic extension of HEERF grantees' performance 
period. The performance period for all open HEERF grants with a balance 
greater than $1,000 is extended through June 30, 2023.

FOR FURTHER INFORMATION CONTACT: Karen Epps, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 250-64, Washington, DC 20202. 
Telephone: (202) 377-3711. Email: <a href="/cdn-cgi/l/email-protection#155d505047535570713b727a63"><span class="__cf_email__" data-cfemail="a6eee3e3f4e0e6c3c288c1c9d0">[email protected]</span></a>.
    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 March 11, 2021, President Biden signed 
the American Rescue Plan Act of 2021 (ARP) (Pub. L. 117-2). The ARP 
appropriated approximately $39.6 billion for HEERF, which represents 
the third stream of funding appropriated for HEERF to support 
institutions of higher education (IHEs) for the purpose of preventing, 
preparing for, and responding to the coronavirus. The ARP is one of the 
largest single investments ever made in our Nation's most historically 
under-resourced institutions. It has supported American recovery from 
the economic and health crises created by the 2019 novel coronavirus 
(COVID-19) pandemic. Prior funding streams include the Coronavirus Aid, 
Relief, and Economic Security (CARES) Act (Pub. L. 116-136) and 
Coronavirus Response and Relief Supplemental Appropriations Act, 2021 
(CRRSAA) (Pub. L. 116-260). The CARES Act, enacted on March 27, 2020, 
provided the Department with a $14.0 billion HEERF appropriation. 
CRRSAA, signed into law on December 27, 2020, made available an 
additional $22.7 billion for IHEs under the HEERF program.
    In enacting CARES, CRRSAA, and ARP, Congress did not specify a 
performance period for HEERF grantees. In its initial determination 
regarding the performance period for grants made under CARES, CRRSAA, 
and ARP, the Department made the decision that institutions must expend 
their HEERF grant funds within one year from the date when the 
Department processed the most recent obligation of funds for each 
specific grant. For example, when distributing ARP HEERF grant funds, 
the Department stated that IHEs that received a supplemental award 
under ARP had one year to spend remaining CARES, CRRSAA, and new ARP 
grant funds for each specific grant supplement received, which began on 
the date their ARP supplemental award was made. An institution's 
performance period for each of its HEERF grants is currently indicated 
in Box 6 of the institution's most recent Grant Award Notification 
(GAN) under ``federal funding period.''
    Under the Department's grantmaking procedures in 2 CFR 
200.308(e)(2) and 34 CFR 75.261, grantees may also request one-time 
extensions of the budget period for up to 12 months to continue the 
work of their HEERF grant. Given that HEERF grantees have been awarded 
multiple supplemental grants obligated on a rolling basis, and some 
grants are on a no-cost extension, the performance period varies among 
HEERF grantees and their individual HEERF grants.
    The Department is committed to providing consistency, where 
possible, and extending all available flexibilities that may be 
authorized by law to grantees under the HEERF programs as institutions 
continue to grapple with the financial consequences of COVID-19. The 
COVID-19 pandemic continues to challenge the public health and safety 
of the Nation, and it is essential to continue to combat and respond to 
COVID-19 with the full capacity and capability of the Federal 
Government.
    Under 34 CFR 75.250(a), the Secretary may approve a project period 
of up to 60 months to perform the substantive work of a grant. While 
grantees have diligently spent most of their HEERF grant funds, the 
Department recognizes the need to use remaining funds to meet the needs 
of students. Accordingly, the Department is extending the performance 
period on all HEERF grants through June 30, 2023. This extension does 
not apply to grants that are closed or in the closeout process, nor 
does it apply to grants that have an award balance of $1,000 or less. 
The Department believes that extending the performance period on all 
HEERF grants through June 30, 2023, is consistent with the intent of 
Congress and authorized by the law. This extension, with a consistent 
performance period across grants, will also allow IHEs to manage grant 
spending more efficiently and spend remaining funds to meet 
institutional needs during the ongoing pandemic.
    This blanket extension is not considered a no-cost extension under 
2 CFR 200.308(e)(2) and 34 CFR 75.261.
    While institutions will not receive a new GAN updating the 
performance periods of their HEERF grants, this notice supersedes, in 
part, all previous guidance, agreements, and grant award documents to 
provide IHEs with an extended performance period through June 30, 2023. 
Grantees are not required to take any action to take advantage of this 
automatic extension but are encouraged to maintain a copy of this 
notice within their HEERF grant files as required documentation for 
auditing purposes.
    Institutions may always spend HEERF funds prior to the conclusion 
of the performance period. For those institutions that do not need 
additional time to spend their HEERF award, the Department encourages 
spending funds as soon as possible.
    For more information on HEERF, please visit the Department's Higher 
Education Emergency Relief Fund page at: www2.ed.gov/programs/heerf/index.html.
    Program Authority: Section 18004 of CARES, Section 314 of CRRSAA, 
and Section 2003 of ARP.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 81, 82, 84, 86, 97, 
98, and 99. (b) The Office of Management and Budget Guidelines to 
Agencies on Governmentwide Debarment and Suspension (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474.
    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document in an accessible format. The Department will 
provide the requestor with an accessible format that may include Rich 
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file, 
braille, large print, audiotape, or compact disc, or other accessible 
format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF, you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit

[[Page 19498]]

your search to documents published by the Department.

Michelle Asha Cooper,
Deputy Assistant Secretary for Higher Education Programs, Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary for the Office of Postsecondary Education.
[FR Doc. 2022-07053 Filed 4-1-22; 8:45 am]
BILLING CODE 4000-01-P


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