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, 41454-41458 [2021-16348]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 41454 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices the emergency alternative arrangements for National Environmental Policy Act (NEPA) environmental review of proposed emergency response actions agreed to by the CEQ for the Department of the Air Force’s (Air Force) Interim Beddown of the F–22 Formal Training Unit at Eglin Air Force Base, Florida. ADDRESSES: Mr. Mike Spaits, Public Affairs, 96 TW/PA, 101 West D Ave., Building 1, Suite 238, Eglin AFB, FL 32542, (850) 882–7660; michael.spaits@ us.af.mil. SUPPLEMENTARY INFORMATION: On December 21, 2018, the Air Force sought CEQ approval of alternative arrangements, pursuant to 40 CFR 1506.11 for implementing the procedural provisions of the NEPA, §§ 42 U.S.C. 4321, et seq., to respond to a pilot manning crisis that presented significant national security implications. The emergency was the Air Force’s need to restore training of replacement pilots for the F–22 in northwest Florida by January 31, 2019, and there was insufficient time to prepare an Environmental Impact Statement (EIS). The CEQ regulations implementing the procedural provisions of NEPA provide that when such emergency circumstances make it necessary for an agency to take an action without observing the normal procedures set forth in those regulations, the federal agency should consult with CEQ about alternative arrangements for compliance with NEPA. On December 21, 2018, CEQ concluded consultation and approved alternative arrangements pursuant to 40 CFR 1506.11. The Air Force immediately accepted the alternative arrangements, documenting this acceptance in a decision memorandum. On January 11, 2019, the Air Force announced its decision in the Federal Register (Federal Register, Vol. 84, No. 8, p. 103, January 11, 2019) to accept alternative arrangements approved by the CEQ. The Air Force’s decision memorandum provides, ‘‘At the conclusion of the alternative arrangements and no later than two years from the date of the Notice of Intent (NOI) to prepare an EIS, the Air Force will provide a report to CEQ on the use of the alternative arrangements that reviews the value and effectiveness of these arrangements.’’ Now, at the conclusion of the alternative arrangements and approximately two years from the date of the NOI to prepare an EIS (Federal Register Vol 84, No. 58, p. 11289, March 26, 2019), the Air Force has prepared the required report on the use of the alternative arrangements that reviews their value VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 and effectiveness. Additionally, as required in the alternative arrangements, the Air Force is providing this notice of the report in the Federal Register, local newspapers, including the Northwest Florida Daily News and the Bay Beacon, and online at https:// www.eglin.af.mil/. regulations. A competing application for a patent license agreement, completed in compliance with 37 CFR 404.8 and received by the Air Force within the period for timely objections, will be treated as an objection and may be considered as an alternative to the proposed license. Adriane Paris, Acting Air Force Federal Register Liaison Officer. Adriane Paris, Acting Air Force Federal Register Liaison Officer. [FR Doc. 2021–16392 Filed 7–30–21; 8:45 am] [FR Doc. 2021–16349 Filed 7–30–21; 8:45 am] BILLING CODE 5001–10–P BILLING CODE 5001–10–P DEPARTMENT OF DEFENSE DEPARTMENT OF EDUCATION Department of the Air Force Notice of Intent to Grant an Exclusive Patent License Department of the Air Force, Department of Defense. ACTION: Notice of intent. AGENCY: Pursuant to the Bayh-Dole Act and implementing regulations, the Department of the Air Force hereby gives notice of its intent to grant an exclusive patent license to mPower, Inc., a woman-owned small business and energy supplier, having a place of business at 5901 Indian School Rd NE, Albuquerque, NM 87110. DATES: Written objections must be filed no later than fifteen (15) calendar days after the date of publication of this Notice. ADDRESSES: Submit written objections to Matthew O’Brien, RDOX, Technology Transfer Office, Directed Energy Directorate, 3550 Aberdeen Avenue, Kirtland AFB, New Mexico 87117–5776; Telephone: 505–846–5028; Email: matthew.obrien.27@us.af.mil. Include Docket No. PRS180 in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Shannon Carr, RDOX, Technology Transfer Office, Directed Energy Directorate, 3550 Aberdeen Avenue, Kirtland AFB, New Mexico 87117–5776; Telephone: 505–321–3542; Email: shannon.carr.3.ctr@us.af.mil. SUPPLEMENTARY INFORMATION: The Department of the Air Force intends to grant the exclusive patent license agreement for the invention described in: U.S. Patent No. 8,974,899, entitled ‘‘Pseudomorphic Glass for Space Solar Cells,’’ issued 10 March, 2015. The Department of the Air Force may grant the prospective license unless a timely objection is received that sufficiently shows the grant of the license would be inconsistent with the Bayh-Dole Act or implementing SUMMARY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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 Office of Postsecondary Education, Department of Education. ACTION: Notice. AGENCY: 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 SUMMARY: E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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/commoninstructions-for-applicants-todepartment-of-education-discretionarygrant-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: HEERF@ed.gov. 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 VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 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. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 41455 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-forgrants.html) or call their Applicant Support helpdesk at 1–800–518–4726. Each completed application must consist of— • A complete SF–424; • Supplemental Information for the SF–424; and • 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 E:\FR\FM\02AUN1.SGM 02AUN1 khammond on DSKJM1Z7X2PROD with NOTICES 41456 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices 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, VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 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 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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 E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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 VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 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-returninginterest.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. PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 41457 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 E:\FR\FM\02AUN1.SGM 02AUN1 41458 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices 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. khammond on DSKJM1Z7X2PROD with NOTICES [FR Doc. 2021–16348 Filed 7–30–21; 8:45 am] BILLING CODE 4000–01–P VerDate Sep<11>2014 17:21 Jul 30, 2021 Jkt 253001 DEPARTMENT OF EDUCATION [Docket No. ED–2021–SCC–0066] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Common Core of Data (CCD) SchoolLevel Finance Survey (SLFS) 2021– 2023 Institute of Education Sciences (IES), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of a currently approved collection. DATES: Interested persons are invited to submit comments on or before September 1, 2021. ADDRESSES: Written comments and recommendations for proposed information collection requests should be sent within 30 days of publication of this notice to www.reginfo.gov/public/ do/PRAMain. Find this information collection request by selecting ‘‘Department of Education’’ under ‘‘Currently Under Review,’’ then check ‘‘Only Show ICR for Public Comment’’ checkbox. Comments may also be sent to ICDocketmgr@ed.gov. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Carrie Clarady, (202) 245–6347. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the SUMMARY: PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Common Core of Data (CCD) School-Level Finance Survey (SLFS) 2021–2023. OMB Control Number: 1850–0930. Type of Review: Revision of a currently approved collection. Respondents/Affected Public: State, Local, and Tribal Governments. Total Estimated Number of Annual Responses: 306. Total Estimated Number of Annual Burden Hours: 4,938. Abstract: NCES annually publishes comprehensive data on the finances of public elementary/secondary schools through the Common Core of Data (CCD). For numerous years, these data have been released at the state level through the National Public Education Financial Survey (NPEFS) (OMB#1850– 0067) and at the school district level through the Local Education Agency (School District) Finance Survey (F–33). (OMB# 0607–0700). There is a significant demand for finance data at the school level. Policymakers, researchers, and the public have long voiced concerns about the equitable distribution of school funding within and across school districts. School-level finance data addresses the need for reliable and unbiased measures that can be utilized to compare how resources are distributed among schools within local districts. Education expenditure data are now available at the school level through the School-Level Finance Survey (SLFS). The School-Level Finance Survey (SLFS) data collection is conducted annually by the National Center for Education Statistics (NCES), within the U.S. Department of Education (ED). In November of 2018, the Office of Management and Budget (OMB) approved changes to the SLFS wherein variables have been added to make the SLFS directly analogous to the F–33 Survey and to the Every Student Succeeds Act (ESSA) provisions on reporting expenditures per-pupil at the local education agency (LEA) and school-level. This request is to collect SLFS data for FY 2021, 2022, and 2023. Dated: July 27, 2021. Juliana Pearson, PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development. [FR Doc. 2021–16359 Filed 7–30–21; 8:45 am] BILLING CODE 4000–01–P E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[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: [email protected]. 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--
     A complete SF-424;
     Supplemental Information for the SF-424; and
     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