Notice Announcing Availability of Funds and Application Deadline; Emergency Assistance to Institutions of Higher Education, 48603-48606 [2019-19941]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48603-48606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19941]


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DEPARTMENT OF EDUCATION


Notice Announcing Availability of Funds and Application Deadline; 
Emergency Assistance to Institutions of Higher Education

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
announcing the availability of funds and the application deadline for 
new grants to institutions of higher education (IHEs) under the 
Emergency Assistance to Institutions of Higher Education (2019 EAI) 
Program, Catalog of Federal Domestic Assistance (CFDA) number 84.938T, 
under title VIII of the Additional Supplemental Appropriations for 
Disaster Relief Act of 2019 (hereafter referred to as the Disaster 
Supplemental), for education-related disaster recovery activities

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related to disasters in 2018 and 2019 for which a major disaster or 
emergency has been declared by the President. Refer to the Purposes of 
Program section for more information on specific disasters that are 
covered by this program funding. This notice relates to the approved 
information collection under OMB control number 1840-0839.

DATES: 
    Applications Available: September 16, 2019.
    Deadline for Transmittal of Applications: October 28, 2019.

ADDRESSES: The addresses pertinent to this program, including the 
addresses for obtaining and submitting an application, can be found 
under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Beatriz Ceja, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 260-04, Washington, DC 20202. 
Telephone: (202) 453-6239. Email: [email protected].
    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

I. Funding Opportunity Description

    Purposes of Program: Under the 2019 EAI Program, we will award 
grants for emergency assistance to eligible IHEs affected by Hurricanes 
Florence and Michael, Typhoon Mangkhut, Super Typhoon Yutu, and 
wildfires, earthquakes, and volcanic eruptions occurring in calendar 
year 2018 and tornadoes and floods occurring in calendar year 2019 for 
which a major disaster or emergency has been declared under section 401 
or 501 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5170 and 5191) (hereafter referred to as ``a 
covered disaster or emergency''). Funds will be awarded to assist 
activities directly related to mitigating the effects of a covered 
disaster or emergency on students and institutions. To the extent 
possible, we will prioritize projects that support students who are 
homeless or who are at risk of becoming homeless as a result of 
displacement related to a covered disaster or emergency; and IHEs that 
have sustained extensive damage by a covered disaster or emergency.
    Background: The Additional Supplemental Appropriations for Disaster 
Relief Act, 2019 (hereafter referred to as the Disaster Supplemental), 
Public Law 116-20, which was signed into law on June 6, 2019, provided 
a total of $165 million for education-related disaster recovery 
programs and gave the Secretary of Education discretion regarding how 
best to administer those funds to meet the needs of eligible entities 
at the elementary, secondary, and postsecondary levels of education. 
The Department has determined that the EAI Program is the most flexible 
and efficient authority for addressing the needs of institutions of 
higher education affected by a covered disaster or emergency. The 
Department also is using these funds to provide assistance to public 
and non-public elementary and secondary schools under the Immediate Aid 
to Restart School Operations (Restart) and the Temporary Emergency 
Impact Aid for Displaced Students (EIA) programs.
    Exemption from Rulemaking: The 2019 EAI Program is exempt from the 
rulemaking requirements in section 437 of the General Education 
Provisions Act (GEPA) (20 U.S.C. 1232) and section 553 of the 
Administrative Procedure Act (APA) (5 U.S.C. 553), as established in 
division B, subdivision 1, title VIII, ``Hurricane Education Recovery'' 
paragraph (6), of Public Law 115-123, the Bipartisan Budget Act of 
2018, and title VIII of Public Law 116-20, the Disaster Supplemental.
    Program Authority: Title VIII of the Disaster Supplemental.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 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.

    Note:  The open licensing requirement in 2 CFR 3474.20 does not 
apply to this program.

II. Award Information

    Estimated Available Funds: Congress appropriated $165 million to 
the Department under the Disaster Supplemental that will be used to 
make awards under this program and others authorized in the law. 
Consequently, the specific amount available for the 2019 EAI Program 
will be based on the Department's assessment of relative need across 
funded programs as determined by such factors as the number of 
applicants and their demonstrated need for assistance. The actual 
amount available for 2019 EAI awards will depend on funding allocated 
to the program, and awards to eligible applicants may be adjusted 
downward (or upward) to match available funding and award allocations 
as described in this notice.
    Estimated Range of Awards: We will not make an award that, in 
combination with the total amount of reimbursement received by the IHE 
from insurance claims or other relief funds, would exceed the IHE's 
total net need.
    Estimated Number of Awards: The Department does not yet have 
reliable estimates of the number of institutions that may be eligible 
or apply for 2019 EAI awards but intends to make awards to all eligible 
applicants.

    Note:  The Department is not bound by any estimates in this 
notice.

    Grant Period under the 2019 EAI Program: IHEs must expend funds 
received under this program within 24 months of obligation by the 
Department. Funds are available for obligation by the Department 
through September 30, 2020.

III. Eligibility Information

    1. Eligible Applicants: Institutions that (1) meet the definition 
of ``institution of higher education'' in section 101 or section 
102(a)(1) of the Higher Education Act of 1965, as amended (HEA)(20 
U.S.C. 1001 and 1002(a)(1)), (2) are located in areas directly affected 
by a covered disaster or emergency, and (3) that have education-related 
financial needs resulting from a covered disaster or emergency. A 
general list of disaster declarations and emergency declarations can be 
found at www.fema.gov/disasters.

    Note:  Receiving a grant for emergency assistance under the 2019 
EAI Program does not affect the eligibility of the IHE to apply for 
funding under any other Department program.

    2.(a) Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    (b) Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Grantees may not use 2019 EAI funds to 
supplant funds that otherwise would have been used for the same 
purpose, including funds made available through an insurance policy, 
the Federal Emergency Management Agency, a State, or a nonprofit relief 
organization. Grantees may use 2019 EAI funds to supplement funds from 
such sources without exceeding the full amount needed to remedy the 
effects of the

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covered disaster or emergency. (See Allocation Criteria.)
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applications for this 
program must be submitted in both of the following ways:
    (a) Submit an application in electronic portable document format 
(PDF) or Microsoft Word format via email to [email protected]. 
Questions regarding application submission can be directed to the 
program contact person listed under FOR FURTHER INFORMATION CONTACT.
    (b) Mail the original and two copies of your application by express 
mail service through the U.S. Postal Service or through a commercial 
carrier to the program contact person listed under FOR FURTHER 
INFORMATION CONTACT.
    2. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. However, under 34 
CFR 79.8(a), we waive intergovernmental review in order to make timely 
awards.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.
    4. Recommended Page Limit: The application narrative (Part III of 
the application) is where you, the applicant, address the allocation 
criteria that Department staff will use to evaluate your application. 
We recommend that you (1) limit the application narrative to no more 
than 20 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. Titles, headings, footnotes, 
quotations, references, and captions, as well as all text in charts, 
tables, figures, and graphs, are excluded.
     Use a font that is either 12 point or larger, and 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 Part I, the cover 
sheet; Part II, the budget section, including the narrative budget 
justification; Part IV, the assurances and certifications. The page 
limit is recommended and non-binding.

V. Application Review Information

    1. Institution's Data: IHEs which apply for grants must provide the 
following data: The number of days the institution was closed as a 
result of the covered disaster or emergency; the institution's student 
enrollment prior to the disaster; the institution's student enrollment 
after the disaster; the number of students to whom the institution 
intends to provide direct assistance using 2019 EAI funding; and the 
number of students the institution knows to be homeless or at risk of 
being homeless.
    2. Needs and Severity Narrative: Applicants must describe the 
covered disaster's or emergency's impact on the institution and the 
need for funds. Applicants must also describe the severity of the 
damage to the institution's ability to return to full capacity.
    3. Proposed Use of Funds: To the extent possible, applicants must 
identify the proposed or actual services or assistance to be paid for 
with the requested grant funds and explain how the services or 
assistance is consistent with the allowable uses of funds under the 
2019 EAI Program.

    Note:  Allowable uses of funds include those authorized under 
the HEA. However, all activities funded under the program must be in 
the context of emergency assistance. That is, the funding must be 
used for activities directly related to mitigating the effects of a 
covered disaster or emergency on students and institutions. For 
instance, program funds may be used for student financial 
assistance, faculty and staff salaries, equipment, and student 
supplies and instruments. Grantees may not use program funds to 
supplant funds that otherwise would have been used for the same 
purpose, such as funds made available through an insurance policy, 
the Federal Emergency Management Agency (FEMA), a State, or a 
nonprofit relief organization, or any other third party. Grantees 
may use program funds to supplement funds from such sources up to 
the full amount needed for emergency assistance.

    Use of funds for a purpose authorized under the HEA is subject to 
the regulations that pertain to that purpose. For example, if 
activities under a particular grant program or financial aid program 
were disrupted and require emergency aid to become fully operational, 
program funds for this purpose are subject to the regulations for that 
grant or aid program, except that any requirements relating to 
matching, Federal share, reservation of funds, or maintenance of effort 
under 20 U.S.C. 1087-51 et seq. or 1138 et seq. that would otherwise be 
applicable do not apply.
    Information about the Federal Student Aid programs is available at 
studentaid.ed.gov/sa/. The U.S. Code version of the HEA is available at 
uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title20-chapter28&edition=prelim.
    4. Compliance Assurance: Applicants must provide an assurance that 
they will comply with all requirements that apply to the 2019 EAI 
Program, including but not limited to: Providing required 
certifications that all funds are expended on allowable activities; 
complying with reporting requirements; cooperating with any Inspector 
General inquiries; complying with applicable Office of Management and 
Budget assurances; and providing the required certification regarding 
restrictions on the use of funds for lobbying.
    5. Allocation Criteria: The Secretary establishes the following 
factors as criteria that will be used in allocating these funds:
    (a) Total funds requested. The amount of funds requested to remedy 
the effects of the covered disaster or emergency, including the 
uncovered costs for renovations, construction, and direct student 
services. Applicants should exclude any costs for which they have 
received or anticipate receiving reimbursement from other sources, 
including a Federal or other relief organization, to remedy the effects 
of the covered disaster or emergency.

    Note:  For direct student services applicants may only include 
those expenses directed to students who are homeless or at risk of 
becoming homeless, and applicants may not include expenses directed 
to a larger population of students, even if those expenses have 
aided some students who were homeless or at risk of becoming 
homeless. Applicants may, however, include expenses directed toward 
individual students who are homeless or at risk of becoming 
homeless, even if similar aid or services have been made available 
to other students.

    (b) Funds needed to serve students who are homeless or at risk of 
becoming homeless. From the total disaster-related net expenses 
provided in (a), applicants should identify the funding needed to serve 
students who are homeless or at risk of becoming homeless.
    (c) Funds received. Any amount of any insurance settlement or other 
funds received by the IHE, from any source including a Federal or other 
relief organization, to remedy the effects of the covered disaster or 
emergency.
    6. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants.

[[Page 48606]]

Under 2 CFR 3474.10, the Secretary may impose specific conditions and, 
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 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    7. Additional Monitoring: This program is designated as 
``susceptible to significant improper payments'' for purposes of the 
Improper Payments Information Act of 2002 (31 U.S.C. 3321 note). See 
title VIII of the Disaster Supplemental, and Public Law 115-123, the 
Bipartisan Budget Act of 2018, division B, subdivision 1, title XII, 
Sec.  21208(a), February 9, 2018, 132 Stat. 108. Consequently, if 2019 
EAI Program grantees expend more than $10,000,000 under this program--a 
level of expenditures that the Department anticipates will be met--
there will be additional requirements for grantees under the program, 
including making expenditure information and documentation available 
for review by the Department. We will provide additional information 
about this requirement after we make awards, providing advanced notice 
to ensure grantees understand their responsibilities for documenting 
all expenditures of 2019 EAI Program funds. In general, these 
documentation requirements are identical to those ordinarily required 
for all Federal education program expenditures; the primary impact of 
the Improper Payments Information Act will be increased review of this 
documentation.

VI. Award Administration Information

    1. Award Notices: If you receive a grant award under the 2019 EAI 
Program, 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.
    2. Reporting: (a) If you apply for a grant under the program, 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. 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. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c).
    3. Performance Measure: The Secretary has established the number of 
enrolled students receiving 2019 EAI Program funding as the performance 
measure for assessing the effectiveness of the 2019 EAI Program.

VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) on request to 
one of the persons listed under FOR FURTHER INFORMATION CONTACT.
    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 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 feature at 
this site, you can limit your search to documents published by the 
Department.

    Dated: September 11, 2019.
Robert L. King,
Assistant Secretary for the Office of Postsecondary Education.
[FR Doc. 2019-19941 Filed 9-13-19; 8:45 am]
 BILLING CODE 4000-01-P