Notice Inviting Applications for the Proprietary Institution Grant Funds for Students Program Under the Higher Education Emergency Relief Fund (HEERF); American Rescue Plan Act, 2021 (ARP), 26210-26213 [2021-10195]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Notices]
[Pages 26210-26213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10195]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Notice Inviting Applications for the Proprietary Institution 
Grant Funds for Students Program Under the Higher Education Emergency 
Relief Fund (HEERF); American Rescue Plan Act, 2021 (ARP)

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Secretary is announcing the availability of new ARP (a)(4) 
grant funding under the Proprietary Institution Grant Funds for 
Students Program, Assistance Listing Number (ALN) 84.425Q, as 
authorized under section 2003 of the ARP, and inviting applications 
from eligible proprietary institutions that did not previously receive 
funding under section 314(a)(4) of the Coronavirus Response and Relief 
Supplemental Appropriations Act, 2021 (CRRSAA) in order for these 
institutions to make emergency financial aid grants to students. This 
notice relates to the approved information collection under OMB control 
number 1840-0852.

DATES: 
    Applications Available: May 13, 2021.
    Deadline for Transmittal of Applications: Applications will be 
accepted on a rolling basis until August 11, 2021.
    Deadline for Submission of Required Proprietary Institution 
Certification Form: August 11, 2021.

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 February 13, 2019 (84 FR 3768) and available at 
www.federalregister.gov/d/2019-02206.

FOR FURTHER INFORMATION CONTACT: Karen Epps, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 250-64, Washington, DC 20202. 
Telephone: The Department of Education HEERF Call Center at (202) 377-
3711. Email: [email protected]. Please also visit our HEERF website at: 
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

I. Funding Opportunity Description

    On March 11, 2021, the President signed into law the ARP (Pub. L. 
117-2). This new law makes available approximately $39.6 billion for 
institutions of higher education under the HEERF grant program, with 
funding appropriated through existing programs previously authorized 
under the CRRSAA (Pub. L. 116-260).
    With this notice, the Secretary is announcing that proprietary 
institutions of higher education, as defined in section 102(b) of the 
Higher Education Act of 1965, as amended, 20 U.S.C. 1002(b) (HEA), that 
did not previously receive funding under section 314(a)(4) of CRRSAA 
may apply for HEERF III grant funds under the ARP (a)(4) program, 
Proprietary Institution Grant Funds for Students ALN 84.425Q. The 
estimated available funds for this program is approximately $396 
million. Allocations for eligible proprietary institutions of higher 
education will be calculated on the basis of the formula specified 
under section 314(a)(1)(A)-(F) of CRRSAA, with the total amount of 
funding allocated to the (a)(4) funding stream determined under ARP 
section 2003(4).
    Under CRRSAA section 314(d)(7), which continues to apply to ARP 
(a)(4) funds, awards from the Proprietary Institution Grant Funds for 
Students program may only be used to provide emergency 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 coronavirus, 
such as tuition, food, housing, health care (including mental health 
care), or childcare. In making such emergency financial aid grants to 
students, grantees must prioritize grants to students with exceptional 
need, such as students who receive Pell Grants. Please note that 
drawing down any amount of these supplemental funds constitutes an 
institution's acceptance of the terms and conditions under the ARP and 
Supplemental Agreement, which are included as appendices to this notice 
for reference.
    The Department will award supplemental funds to eligible 
institutions that previously received a CRRSAA section 314(a)(4) ALN 
84.425Q award without requiring these institutions to submit a new 
application for funding. However, by August 11, 2021 (90 days of the 
publication of this notice) and prior to receiving an award, eligible 
institutions must submit a Required Proprietary Institution 
Certification (RPIC) form, which must be signed by the institution's 
president or chief executive officer and any owners with an ownership 
interest in the institution of 25 percent or more. The Department is 
adopting this form as an additional risk mitigation procedure. 
Completed RPIC forms must be emailed to [email protected].
    Proprietary institutions that did not receive a CRRSAA section 
314(a)(4) award but are on the Department's published ARP (a)(4) 
allocation table may apply for and receive ARP (a)(4) funds. To receive 
an award, institutions must submit an application as well as the RPIC 
form by August 11, 2021.
    The Department recognizes that some institutions may not want 
additional funds under the ARP. Institutions wanting to decline their 
award or a specified amount may should submit the Voluntary Decline of 
HEERF Grant Funds form to [email protected], available at www2.ed.gov/about/offices/list/ope/arp.html, to redirect these funds to 
institutions with greater needs. If the Department has already made an 
ARP supplemental award to the institution, the Department will 
deobligate those supplemented funds in G5 by the amount specified in 
the form. Any returned funds will be redistributed to institutions that 
have not declined funds by applying the appropriate distribution 
formula and making additional supplemental awards. Institutions have 90 
days from the publication of this notice to indicate if

[[Page 26211]]

they would like to decline or return unneeded ARP funds.
    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 (Nonprocurement) in 
2 CFR part 180, as adopted and amended as regulations of the Department 
in 2 CFR part 3485. (c) Subparts A through E of 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: $396,000,000.
    Grant Period: Institutions must expend funds received under this 
program within 12 months of obligation of the funds by the Department.

III. Eligibility Information

    1. Eligible Applicants: Proprietary institutions of higher 
education, as defined in section 102(b) 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 to use Grants.gov, please visit their ``How to 
Apply for Grants'' web page (www.grants.gov/applicants/apply-for-grants.html), or call their Applicant Support helpdesk at 1-800-518-
4726.
    Each application for an ARP (a)(4) grant must include:
     A complete SF-424;
     Supplemental Information for the SF-424;
     A complete RPIC form, available at www2.ed.gov/about/offices/list/ope/arp.html; and
     The Proprietary Institution Grant Funds for Students 
Certification and Agreement (C&A).

    Note:  Institutions must submit the correct C&A. Each C&A must 
be completed using the OPE ID and DUNS number of the institution for 
which you are requesting funds. An institution will receive the 
amount specified for the institution in the Department's published 
ARP (a)(4) allocation table.

    2. Instructions to Decline an Award: To voluntarily decline some or 
all of the institution's award, submit the Voluntary Decline of HEERF 
Grant Funds form, which you can find at www2.ed.gov/about/offices/list/ope/arp.html, to [email protected].
    3. 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.
    4. Funding Restrictions: We specify funding restrictions in the C&A 
or Supplemental Agreement.
    5. 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 from Dun and Bradstreet at the 
following website: https://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. 
Thus, if you think you might 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 certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This 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, we have prepared a SAM.gov Tip 
Sheet, which you can find at: www2.ed.gov/fund/grant/apply/sam-faqs.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 we may send you 
an email containing a link to access an electronic version of your GAN.
    2. Reporting: Institutions must comply with all HEERF reporting 
requirements. Reporting requirements are specified in the C&A or 
Supplemental Agreement.

VI. Other Information

    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 your search to documents published 
by the Department.

Michelle A. Cooper,
Acting Assistant Secretary for Postsecondary Education.

Attachment: Example Supplemental Agreement for Proprietary Institution 
Supplemental Grant Funds for Students

[[Page 26212]]

American Rescue Plan Act of 2021

Supplemental Agreement (ALN 84.425Q) ((a)(4) Program)

Proprietary Institution Supplemental Grant Funds for Students

    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 Grant Funds
    1. Section 314(d)(7) of the CRRSAA, requires Recipient, as an 
institution of higher education as defined in section 102(b) of the 
Higher Education Act of 1965, as amended (HEA), 20 U.S.C. 1002(b), to 
use the funds made available by this supplemental award under 
Assistance Listing Number (ALN) 84.425Q only for emergency financial 
aid grants to students as described in section 314(c)(3) of the CRRSAA.
    2. Under section 314(c)(3) of the CRRSAA, Recipient must make 
emergency financial aid grants to students (which may include 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 coronavirus, such as tuition, food, housing, health 
care (including mental health care), or child care.
    3. Recipient acknowledges that it retains discretion to determine 
the amount and availability of each individual emergency financial aid 
grant consistent with all applicable laws, including non-discrimination 
laws. Recipient acknowledges it must not distribute emergency financial 
aid grants in a manner that discriminates against individuals on the 
basis of race, color, national origin, disability, or sex. See, e.g., 
42 U.S.C. 2000d et seq., (Title VI), 29 U.S.C. 701 et seq., 
(Rehabilitation Act), 20 U.S.C. 1681 (Title IX).
    4. Recipient further acknowledges that under CRRSAA section 
314(c)(3), it must prioritize grants to students with exceptional need, 
such as students who receive Pell Grants. However, students do not need 
to be Pell recipients or students who are eligible for Pell Grants in 
order to receive an emergency financial aid grant.
    5. Recipient acknowledges that it may not condition the receipt of 
an emergency financial aid grant on continued or future enrollment with 
the Recipient. Recipient also acknowledges that it may not require a 
student to consent to the application of the emergency financial aid 
grant to the student's outstanding account balance with Recipient as a 
condition of receipt of or eligibility for an emergency financial aid 
grant. Recipient also acknowledges that adding preconditions to 
receiving a financial aid grant that thwart this requirement may be 
subjected to oversight and corrective action.
    6. In consideration for this award, Recipient agrees that Recipient 
holds these grant funds in trust for students and acts in the nature of 
a fiduciary for students.
    7. Recipient acknowledges that the Secretary recommends (a) the 
maximum Federal Pell Grant for the applicable award year as an 
appropriate maximum amount for a student's emergency financial aid 
grant in most cases, and (b) that the Recipient should consider each 
student's particular socioeconomic circumstances in the administration 
of these grants.
    8. The Secretary strongly encourages Recipient's financial aid 
administrator to exercise the use of professional judgment available 
under HEA section 479A, 20 U.S.C. 1087tt, to make adjustments on a 
case-by-case basis to exclude individual emergency financial aid grants 
from the calculation of a student's expected family contribution. The 
Secretary has determined that consider these individual emergency 
financial aid grants do not constitute Federal financial aid under 
Title IV of the HEA.
    9. Recipient acknowledges that it may voluntarily decline all or a 
portion of its ARP (a)(4) 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.
    10. Recipient acknowledges that to assist with the management and 
oversight of this ARP (a)(4) grant, recipient must first complete and 
submit to the Department the Required Proprietary Institution 
Certification form (OMB Control Number 1840-0855) prior to receiving a 
supplemental grant award.
Grant Administration
    11. 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 15 calendar days it may be subject to heightened 
scrutiny by the Department, Recipient's auditors, and/or the 
Department's Office of the 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.
    12. Recipient may not charge any indirect or administrative costs 
to funds made available under this award because the allocation in this 
grant award represents an amount of funds that must be distributed to 
students.
    13. 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).
    14. Recipient must promptly and to the greatest extent practicable 
distribute all grant funds from this award in the form of emergency 
financial aid grants to students within the one-year period of 
performance (2 CFR 200.77) specified in Box 6 of this Grant Award 
Notification (GAN).
    15. 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.

[[Page 26213]]

    16. Recipient acknowledges that its failure to draw down any amount 
($1 or more) of its supplemental grant funds 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
    17. 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.
    18. Recipient must have a compliance audit conducted of its 
administration of the HEERF grant for any institutional fiscal year 
during which Recipient expended $500,000 or more in total HEERF grant 
funds, whether under section 18004(a)(1) of the CARES Act, section 
314(a)(4) of the CRRSAA, or section 2003 of the ARP, or was on Federal 
Student Aid's Heightened Cash Monitoring (HCM) 1 or 2 list during any 
point of the institution's fiscal year in which it expended any HEERF 
grant funds (https://studentaid.gov/data-center/school/hcm). The HEERF 
compliance audit must be conducted in accordance with Government 
Auditing Standards, issued by the Comptroller General of the United 
States, and the applicable audit guide developed by the Department's 
Office of Inspector General. To the extent practicable, the annual 
Title IV audit may be used to cover certain areas of the HEERF audit if 
separately auditing those areas would be duplicative. The Office of the 
Inspector General has published their audit guide available here: 
https://www2.ed.gov/about/offices/list/oig/nonfed/proprietary.html.
    19. Recipient acknowledges it is under a continuing affirmative 
duty to inform the Department if Recipient is to 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 of the GAN. Additionally, Recipient 
must promptly notify the assigned education program officer if the 
Recipient's Authorized Representative changes.
    20. 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.
    21. 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 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 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
    22. 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; and the general agreement to comply with 
all applicable Federal laws, executive orders, and regulations.
    23. 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).
    24. 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 Subparts A through E of 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. 2021-10195 Filed 5-12-21; 8:45 am]
BILLING CODE 4000-01-P