[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Notices]
[Pages 41454-41458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16348]


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DEPARTMENT OF EDUCATION


Notice Inviting Applications for Funds Under the Higher Education 
Emergency Relief Fund (HEERF), Section 2003 of the American Rescue Plan 
(ARP) for Institutions of Higher Education That Meet the Criteria for 
the Minority Serving Institutions (MSIs) Program

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Secretary is announcing the availability of new HEERF 
funding for the ARP (a)(2) grant program authorized under ARP section 
2003(2) and inviting applications under Assistance Listing Number 
(ALN)84.425L from eligible public and private nonprofit IHEs to address 
needs directly related to the coronavirus. These awards are in addition 
to the ARP (a)(1) grants and have been allocated by the Secretary 
proportionally to funding for MSI programs in the Further Consolidated 
Appropriations Act, 2020. The institutions eligible for this funding 
include institutions that generally would be eligible to apply for the 
following grant programs under the Higher Education Act of 1965, as 
amended (HEA), and that are listed on the ARP (a)(2) MSI Allocation 
Table: Title V, part A Developing Hispanic Serving Institutions, Title 
V, part B Promoting Postbaccalaureate Opportunities for Hispanic 
Americans, and the following Title III Part A programs: Strengthening 
Asian American and Native American Pacific Islander-Serving 
Institutions (AANAPISI), Strengthening Alaska Native and Native 
Hawaiian-Serving Institutions (ANNH), Strengthening Native American-
Serving Nontribal Institutions (NASNTI), and Strengthening 
Predominantly Black Institutions (PBI). This notice relates to the 
approved information collection

[[Page 41455]]

under OMB control number 1840-XXXX.

DATES: 
    Applications Available: August 2, 2021.
    Deadline for Transmittal of Applications: Applications will be 
accepted on a rolling basis until October 1, 2021.

ADDRESSES: For the addresses to obtain and submit an application, 
please refer to the Common Instructions for Applicants to the 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768) and available at 
https://www.federalregister.gov/documents/2019/02/13/2019-02206/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs.

FOR FURTHER INFORMATION CONTACT: Karen Epps, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 250-64, Washington, DC 20202. 
Department of Education HEERF Customer Care Center Phone: (202) 377-
3711. Email: <a href="/cdn-cgi/l/email-protection#d49c9191869294b1b0fab3bba2"><span class="__cf_email__" data-cfemail="2e666b6b7c686e4b4a00494158">[email protected]</span></a>. Please also visit the HEERF III website at: 
https://www2.ed.gov/about/offices/list/ope/arp.html.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll-free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

    Background: On March 11, 2021, the President signed the ARP into 
law (Pub. L. 117-2). This law makes available approximately $39.6 
billion for IHEs under HEERF, with funding appropriated through 
existing programs authorized under the CRRSAA.
    With this notice, the Secretary is announcing the availability of 
HEERF grant funds under the ARP (a)(2) MSI program (ALN 84.425L).
    Eligible institutions are IHEs, as defined in sections 101 and 
102(c) of the HEA, 20 U.S.C. 1001 and 1002(c). Allocations for eligible 
IHEs will be calculated according to the formulas found in ARP section 
2003(2) and section 314(a)(2) of the CRRSAA. Under ARP section 2003, 
grant awards under this program may be used to (1) defray expenses 
associated with the coronavirus, including lost revenue, reimbursement 
for expenses already incurred, technology costs associated with a 
transition to distance education, faculty and staff training, and 
payroll; and (2) provide financial aid grants to students (including 
students exclusively enrolled in distance education), which may be used 
for any component of the student's cost of attendance or for emergency 
costs that arise due to the coronavirus, such as tuition, food, 
housing, health care, mental health care, or childcare. In making 
financial aid grants to students, an IHE must prioritize grants to 
students with exceptional need, such as Pell recipient students. IHEs 
are urged to devote the maximum amount of funds possible to student 
financial aid grants.
    Additionally, under ARP section 2003(5), institutions must use a 
portion of their funds under ALN 84.425L to (1) implement evidence-
based practices to monitor and suppress coronavirus in accordance with 
the public health guidelines; and (2) conduct direct outreach to 
financial aid applicants about the opportunity to receive a financial 
aid adjustment due to recent unemployment status or other changes in 
financial circumstances as described in section 479A of the HEA (20 
U.S.C. 1087tt).
    The Department is not requiring IHEs that received grants under 
section 314(a)(2) of the CRRSAA to submit a new or revised application 
to receive funding under the ARP (a)(2) MSI program. As a result, the 
Department will award supplemental funds to eligible IHEs that received 
a section 314(a)(2) award under the CRRSAA, ALN 84.425L (identified by 
a Grant Award beginning with P425Lxx). No action is required by 
eligible IHEs to receive these supplemental awards. The project 
director identified on the most current Grant Award Notification (GAN) 
will automatically receive an email indicating a supplemental award has 
been made to your institution. Please note that drawing down any amount 
of these supplemental funds constitutes an institution's acceptance of 
the new ARP terms and conditions and a new Supplemental Agreement, 
which are attached to this notice for reference.
    IHEs that have not yet complied with the reporting requirements of 
the HEERF grant program may receive delayed supplemental ARP (a)(2) 
awards and/or may receive awards with a restriction on the ability to 
draw down those awarded funds (route payment status) until the 
institution has satisfied its HEERF reporting obligations.
    IHEs that did not receive a CRRSAA section 314(a)(2) MSI award but 
that are on the Department's section 2003(2) ARP MSI Allocation Table 
may apply for and receive an ARP (a)(2) MSI grant award. The Department 
must receive an application from such institutions within 60 days of 
the publication of this notice.
    Program Authority: Section 2003 of the ARP and section 314 of the 
CRRSAA.
    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 (Non-procurement) 
in 2 CFR part 180, as adopted and amended as regulations of the 
Department in 2 CFR part 3485. (c) The Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards in 2 CFR part 200, as adopted and amended as regulations of the 
Department in 2 CFR part 3474.

II. Award Information

    Type of Award: Formula grants.
    Estimated Available Funds: $767.3 million.
    Grant Period: Institutions must expend funds received under this 
program within 12 months of the obligation of the funds by the 
Department.

III. Eligibility Information

    1. Eligible Applicants: Public and private nonprofit IHEs, as 
defined in sections 101 and 102(c) of the HEA, that are eligible for 
certain programs under part A of title III and parts A and B of title V 
of the HEA.
    2. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    3. Subgrantees: Subgrantees are not allowed under this program.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
submit their applications using Grants.gov. To register for Grants.gov, 
please visit their ``How to Apply for Grants'' web page (https://www.grants.gov/applicants/apply-for-grants.html) or call their 
Applicant Support helpdesk at 1-800-518-4726.
    Each completed application must consist of--
    <bullet> A complete SF-424;
    <bullet> Supplemental Information for the SF-424; and
    <bullet> The Certification and Agreement (C&A) for an Award under 
Section 2003 for ARP (a)(2).
    Note: The applicant must submit the corresponding C&A for the funds 
requested. Each C&A must be completed and include the correct OPEID and 
DUNS number of the institution requesting funds. Each grantee will 
receive the amount calculated for them

[[Page 41456]]

and listed in the ARP (a)(2) MSI Allocation Table.
    2. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. However, under 34 
CFR 79.8(a), we waive intergovernmental review to make timely awards.
    3. Funding Restrictions: We specify funding restrictions in the 
Certificate and Agreement.
    4. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: In general, to do business 
with the Department, you must--
    (a) Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    (b) Register both your DUNS number and TIN with the System for 
Award Management (SAM), the Government's primary registrant database;
    (c) Provide your DUNS number and TIN on your SAM application; and
    (d) Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS number at the following website: http://fedgov.dnb.com/webform. A DUNS number can be created within one to two 
business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active. 
The SAM registration process can take approximately seven business days 
but may take upwards of several weeks, depending on the completeness 
and accuracy of the data you enter into the SAM database. If you want 
to apply for Federal financial assistance under a program administered 
by the Department, please allow sufficient time to obtain and register 
your DUNS number and TIN.
    If you are currently registered with SAM, you may not need to make 
any changes. However, please make sure that the TIN associated with 
your DUNS number is correct. Also, note that you will need to update 
your registration annually. This process may take three or more 
business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, please see our SAM.gov Tip 
Sheet, at: https://www2.ed.gov/fund/grant/apply/sam-faqs.html.
    In addition, in order to submit your application via Grants.gov, 
you must (1) register as an applicant using your DUNS number and (2) be 
designated by your organization's E-Biz Point of Contact as an 
Authorized Organization Representative (AOR). Details on these steps 
are outlined at the following Grants.gov web page: https://www.grants.gov/web/grants/register.html.

V. Award Administration Information

    1. Award Notices: If you receive a grant award under this program, 
we will send you a Grant Award Notification (GAN) or an email 
containing a link to access an electronic version of your GAN.
    2. Reporting: Reporting requirements are specified in the C&A.

VI. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format on request to the program contact 
person listed under FOR FURTHER INFORMATION CONTACT. 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, and 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.

Annmarie Weisman,
Deputy Assistant Secretary for Policy, Planning and Innovation, Office 
of Postsecondary Education.

American Rescue Plan Act of 2021

Supplemental Agreement for an Award Under ARP (a)(2) (ALN 84.425 J, K, 
L, M)

Supplemental Grant Funds

    The terms, conditions, and requirements governing your 
institution's (Recipient's) use of these supplemental grant funds 
awarded pursuant to section 2003 of the American Rescue Plan Act of 
2021 (ARP) (Pub. L. 117-2) (supplemental award or grant) by the U.S. 
Department of Education (Department) are governed by section 2003 of 
the ARP and section 314 of the Coronavirus Response and Relief 
Supplemental Appropriations Act, 2021 (CRRSAA) (Pub. L. 116-260) and 
the following terms and conditions of this Supplemental Agreement.

BY DRAWING DOWN THESE GRANT FUNDS, YOU AGREE TO BE BOUND BY THE 
CONDITIONS SET FORTH ON BEHALF OF THE INSTITUTION YOU REPRESENT, AND 
YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE INSTITUTION TO THE 
FOLLOWING CONDITIONS

Use of Supplemental Grant Funds
    1. Section 314(a)(2) of CRRSAA authorizes the Secretary to make 
additional awards under parts A and B of title III, parts A and B of 
title V, and subpart 4 of part A of title VII of the Higher Education 
Act of 1965, as amended (``HEA''), to address needs directly related to 
the coronavirus. These awards are in addition to awards made in Section 
2003 for the ARP funding stream and have been allocated by the 
Secretary proportionally to such programs based on the relative share 
of funding appropriated to such programs in the Further Consolidated 
Appropriations Act, 2020 (Pub. L. 116-94).
    2. Pursuant to Section 314(c) of CRRSAA, Recipient may use this 
award to defray expenses associated with the coronavirus (including 
lost revenue, reimbursement for expenses already incurred, technology 
costs associated with a transition to distance education, faculty and 
staff trainings, and payroll); and make additional emergency financial 
grants to students, which may be used for any component of the 
student's cost of attendance or for emergency costs that arise due to

[[Page 41457]]

coronavirus, such as tuition, food, housing, health care (including 
mental health care), or child care.
    3. Under section 2003(5) of the ARP, Recipient must use a portion 
of their funds received under this supplemental award to (a) implement 
evidence-based practices to monitor and suppress coronavirus in 
accordance with public health guidelines and (b) conduct direct 
outreach to financial aid applicants about the opportunity to receive a 
financial aid adjustment due to the recent unemployment of a family 
member or independent student, or other circumstances, described in 
section 479A of the HEA (20 U.S.C. 1087tt).
    4. The Secretary urges Recipient to devote the maximum amount of 
funds possible to emergency financial aid grants to students. The 
Secretary urges Recipient to take strong measures to ensure that 
emergency financial aid grants to students are made to the maximum 
extent possible.
    5. Recipient acknowledges that no supplemental grant funds may be 
used to fund construction; acquisition of real property; contractors 
for the provision of pre-enrollment recruitment activities; marketing 
or recruitment; endowments; capital outlays associated with facilities 
related to athletics, sectarian instruction, or religious worship; 
senior administrator or executive salaries, benefits, bonuses, 
contracts, incentives; stock buybacks, shareholder dividends, capital 
distributions, and stock options; or any other cash or other benefit 
for a senior administrator or executive.
    6. Recipient acknowledges that it may voluntarily decline all or a 
portion of its ARP (a)(2) funds. The recipient may indicate this by 
submitting the Voluntary Decline of HEERF form (OMB Control Number 
1840-0856) to the Department by August 11, 2021. Recipient further 
acknowledges if it submits this form, it will be ineligible for the 
future redistribution of ARP HEERF grant funds to other institutions 
with greater needs due to the coronavirus.
Grant Administration
    7. Recipient acknowledges that consistent with 2 CFR 200.305, it 
must minimize the time between drawing down funds from G5 and paying 
incurred obligations (liquidation). Recipient further acknowledges that 
if it draws down funds and does not pay the incurred obligations 
(liquidates) within three calendar days it may be subject to heightened 
scrutiny by the Department, Recipient's auditors, and/or the 
Department's Office of Inspector General (OIG). Recipient further 
acknowledges that returning funds pursuant to mistakes in drawing down 
excessive grant funds in advance of need may also be subject to 
heightened scrutiny by the Department, Recipient's auditors, and/or the 
Department's OIG. Finally, Recipient acknowledges that it must maintain 
drawn down grant funds in an interest-bearing account, and any interest 
earned on all Federal grant funds above $500 (all Federal grants 
together) during an institution's fiscal year must be returned 
(remitted) to the Federal government via a process described here: 
https://www2.ed.gov/documents/funding-101/g5-returning-interest.pdf.
    8. Recipient may charge indirect costs to supplemental funds made 
available under this award consistent with its negotiated indirect cost 
rate agreement. If Recipient does not have a current negotiated 
indirect cost rate with its cognizant agency for indirect costs, it may 
appropriately charge the de minimis rate of ten percent of Modified 
Total Direct Costs (MTDC) under 2 CFR 200.414. Recipient may also 
charge reasonable direct administrative costs to the supplemental funds 
made available under this award.
    9. Recipient acknowledges that any obligation under this grant 
(pre-award costs pursuant to 2 CFR 200.458) must have been incurred on 
or after March 13, 2020, the date of the declaration of a National 
Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak 
(85 FR 15337).
    10. Recipient must promptly and to the greatest extent practicable 
expend all grant funds from this award within the one-year period of 
performance (2 CFR 200.77) specified in Box 6 of this Grant Award 
Notification (GAN).
    11. Recipient must, to the greatest extent practicable, continue to 
pay its employees and contractors during the period of any disruptions 
or closures related to coronavirus pursuant to section 315 of the 
CRRSAA.
    12. Recipient acknowledges that its failure to draw down any amount 
($1 or more) of its HEERF grant funds from the institution's HEERF 
account within 90 days of the date of this supplemental award will 
constitute nonacceptance of the terms, conditions, and requirements of 
this Supplemental Agreement and of these supplemental grant funds. In 
such event, the Department, in its sole discretion, may choose to 
deobligate these supplemental grant funds or take other appropriate 
administrative action, up to and including terminating the grant award 
pursuant to 2 CFR 200.340.
Reporting and Accountability
    13. Recipient must promptly and timely provide a detailed 
accounting of the use and expenditure of the funds provided by this 
supplemental award in such manner and with such frequency as the 
Secretary may require. Recipient acknowledges the Department may 
require additional or more frequent reporting to be specified by the 
Secretary.
    14. Recipient must comply with all requirements of the Single Audit 
Act Amendments of 1996, 31 U.S.C. 7501, et seq. (Single Audit Act) and 
all applicable auditing standards. Considering that the HEERF grant 
program is a new program not previously audited or subjected to 
Department oversight, and the inherent risk that comes with a new 
program, the Department strongly suggests that the HEERF grant program 
be audited as a major program in the first fiscal year(s) that the 
institution received a HEERF grant.
    15. Recipient acknowledges it is under a continuing affirmative 
duty to inform the Department if Recipient is to lose its 
accreditation, close or terminate operations as an institution, or 
merge with another institution. In such cases, Recipient must promptly 
notify in writing the assigned education program officer contact in Box 
3. Additionally, Recipient must promptly notify the assigned education 
program officer if the Recipient's Authorized Representative changes.
    16. Recipient must cooperate with any examination of records with 
respect to the advanced funds by making records and authorized 
individuals available when requested, whether by (a) the Department 
and/or its OIG; or (b) any other Federal agency, commission, or 
department in the lawful exercise of its jurisdiction and authority. 
Recipient must retain all financial records, supporting documents, 
statistical records, and all other non-Federal entity records pertinent 
to a Federal award for a period of three years from the date of 
submission of the final expenditure report pursuant to 2 CFR 200.334.
    17. Recipient acknowledges that failure to comply with this 
Supplemental Agreement, its terms and conditions, and/or all relevant 
provisions and requirements of the CRRSAA or ARP or any other 
applicable law may result in Recipient's liability under the False 
Claims Act, 31 U.S.C. 3729, et seq.; OMB Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 
180, as adopted and amended as regulations of

[[Page 41458]]

the Department in 2 CFR part 3485; 18 U.S.C. 1001, as appropriate; and 
all of the laws and regulations referenced in the ``Applicable Law'' 
section of this Supplemental Agreement, below.
Applicable Law
    18. Recipient must comply with all applicable assurances in OMB 
Standard Forms (SF) SF-424B and SF-424D (Assurances for Non-
Construction and Assurances for Construction Programs), including the 
assurances relating to the legal authority to apply for assistance; 
access to records; conflict of interest; nondiscrimination; Hatch Act 
provisions; labor standards; Single Audit Act; and the general 
agreement to comply with all applicable Federal laws, executive orders, 
and regulations.
    19. Recipient certifies that with respect to the certification 
regarding lobbying in Department Form 80-0013, no Federal appropriated 
funds have been paid or will be paid to any person for influencing or 
attempting to influence an officer or employee of any agency, a Member 
of Congress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with the making or supplementing of 
Federal grants under this program; Recipient must complete and submit 
Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' when 
required (34 CFR part 82, Appendix B).
    20. Recipient must comply with the provisions of all applicable 
acts, regulations and assurances; the following provisions of Education 
Department General Administrative Regulations (EDGAR) 34 CFR parts 75, 
77, 81, 82, 84, 86, 97, 98, and 99; the OMB Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 
180, as adopted and amended as regulations of the Department in 2 CFR 
part 3485; and the Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474.

[FR Doc. 2021-16348 Filed 7-30-21; 8:45 am]
BILLING CODE 4000-01-P


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