Pandemic Darlings The pandemic economy, in original documents
Home Source documents Section 18004 of the Coronavirus Aid, Relief, and Economic Security (CARES Act) — Guidance

Section 18004 of the Coronavirus Aid, Relief, and Economic Security (CARES Act) — Guidance

Summary

Higher Education Emergency Relief Fund Supplemental Frequently Asked Questions under Section 18004 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, originally issued June 30, 2020, with Question 1 updated August 6, 2020 and Question 5 updated September 8, 2020. The disclaimer says the guidance applies to HEERF costs incurred before December 27, 2020, the effective date of the CRRSAA. Question 1 answers that all institutions were given 1 calendar year (365 days) from the date of award in their HEERF Grant Award Notification to complete performance of their HEERF grant. Other answers address emergency financial aid grants to students, student scholarships, laptop purchases and documenting lost revenues.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Department Of Education Cares Act Heerf Supplemental Faqs Www Ed Gov 9617Dc45E1
Case
Department Of Education Cares Act Heerf Supplemental Faqs Www Ed Gov 9617Dc45E1

Cite this document

“Section 18004 of the Coronavirus Aid, Relief, and Economic Security (CARES Act) — Guidance.” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-cares-act-heerf-supplemental-faqs-www-ed-gov-9617dc45e1/, SHA-256 565db91998de419d8e531b80937df081b2a601e1f86ee56d21258380f324fedd.

Full text

       Disclaimer: This guidance is related to Section 18004 of the Coronavirus Aid,
       Relief, and Economic Security (CARES Act), Pub. L. No. 116-136 (March 27,
       2020). Guidance in this document as to allowable and unallowable uses are
       applicable for HEERF costs incurred before the effective date of the Coronavirus
       Response and Relief Supplemental Appropriations Act, 2021 (CRRSAA), Pub. L.
       116-260, which is December 27, 2020.

       Please check the Department’s HEERF II website on a periodic basis for any
       guidance as to unspent (as of December 27, 2020) CARES Act HEERF funds and
       CRRSAA HEERF funds.

                               Higher Education Emergency Relief Fund

     Supplemental Frequently Asked Questions under Section 18004 of the Coronavirus Aid,
                        Relief, and Economic Security (CARES) Act

                                Originally issued June 30, 2020.
            Question 1 updated August 6, 2020. Question 5 updated September 8, 2020.

    These FAQs constitute a guidance document. Guidance documents represent the Department of
    Education’s current thinking on a topic. They do not create or confer any rights for or on any person
    and do not impose any requirements beyond those required under applicable law and regulations.
    Guidance documents lack the force and effect of law. See U.S. Department of Education’s
    Guidance Homepage, https://www2.ed.gov/policy/gen/guid/types-of-guidance- documents.html.

       1. What is the deadline (project period or period of performance) for institutions to
          spend Higher Education Emergency Relief Fund (HEERF) funds received under the
          CARES Act? 1

           All institutions were given 1 calendar year (365 days) from the date of award in their HEERF
           Grant Award Notification (GAN) to complete the performance of their HEERF grant. 2
           Therefore, for example, if a grantee received a GAN on April 7, 2020, the one calendar year
           period of performance for their HEERF grant would be through April 6, 2021.

           Please note that after the end of the year-long period of performance, grantees have an
           additional 90 calendar days to liquidate their obligations made during their year-long period
           of performance as part of the grant closeout procedures (2 CFR § 200.343(b)).

           The Department understands that some grantees, even given the emergency nature of the
           HEERF grant, may be unable to obligate funds by this time. Consequently, no-cost
           extensions (NCEs) of up to 12 months are available as provided for in 2 CFR §

1
  A previous version of the FAQ inaccurately stated that schools had until September 30, 2022 to use HEERF grant
funds. This revised version of the answer conforms with the project period listed in the GANs and supersedes the
previously provided FAQ.
2
  See Box 6 in your HEERF GAN (“Federal Funding Period”). All HEERF grant programs received a 1 calendar year
period of performance from their GAN.
                                                        1
   200.308(d)(2). NCEs may not be exercised merely for the purpose of using unobligated
   balances. Given the emergency nature of HEERF grants, the Department does not intend an
   NCE to extend longer than 12 months. HEERF grantees are encouraged to discuss any need
   for an NCE with their respective program officer well in advance of the end of their grant
   period of performance.

   For general information about grant management, grantee responsibilities, and grant
   closeout, please consult our guide, Grantmaking at ED, available here.

2. Are emergency financial aid grants to students (made available under the HEERF in
   the CARES Act) available only to students who were enrolled during the semester or
   quarter in which the national emergency was declared?

   No. Institutions must spend 50 percent of funds received under Section 18004(a)(1) for
   emergency financial aid grants to students. Section 18004(c) of the CARES Act states that
   the emergency financial aid grants for students are for “expenses related to the disruption of
   campus operations due to coronavirus,” and students may incur expenses related to the
   disruption of campus operations due to coronavirus after the semester or quarter in which
   the national emergency was declared. Although the intent of the CARES Act is to make
   emergency financial aid grants immediately available to students, if funds remain after
   making these immediate disbursements, eligible students enrolled during subsequent terms
   may receive emergency financial aid grants even if they were not enrolled during the spring
   2020 term.

3. If an institution decides to use funds received under the Institutional Relief portion of
   Section 18004(a)(1) to make additional emergency financial aid grants to students, can
   the institution make those awards to students during the summer and fall terms?

   Yes. The Certification and Agreement for the Institutional Portion of Section 18004(a)(1)
   states: “If Recipient chooses to use funds designated for Recipient’s Institutional Costs to
   provide such emergency financial aid grants to students, then the funds are subject to the
   requirements in the Funding Certification and Agreement for the Emergency Financial Aid
   Grants to Students under the CARES Act, entered into between Recipient and the
   Secretary.” Students may experience expenses related to the disruption campus operations
   due to coronavirus after the semester or quarter in which the national emergency was
   declared.

4. Can an institution use funds under Section 18004(a)(2) or Section 18004(a)(3) to
   provide grants for students during the summer and fall terms?

   Yes. Section 18004(a)(2) of the CARES Act states that institutions may use funds “to
   address needs directly related to coronavirus” and specifically “for grants to students for any
   component of the student’s cost of attendance (as defined under section 472 of the Higher
   Education Act), including food, housing, course materials, technology, health care, and child
   care.” Students may have needs directly related to the coronavirus after the semester or
   quarter in which the national emergency was declared. Similarly, Section 18004(a)(3) of the
   CARES Act states that these funds are for institutions that “have the greatest unmet needs
   related to coronavirus,” as determined by the Secretary, and that institutions may use funds
                                             2
          “for grants to students for any component of the student’s cost of attendance (as defined
          under section 472 of the Higher Education Act), including food, housing, course materials,
          technology, health care, and child care.” Accordingly, these grants to students may be made
          after the semester or quarter in which the national emergency was declared.

          Although the CARES Act does not require an institution to use at least 50% of funds
          received under Section 18004(a)(2) or Section 18004(a)(3) for grants to students, the
          Certification and Agreement for Funds under Section 18004(a)(2) or Section 18004(a)(3),
          respectively, states: “[T]he Secretary urges Recipient to devote the maximum possible
          amount of the award to Student Grants, including some or all of the award that a Recipient
          may use for Recipient’s Expenses, especially if Recipient has a significant endowment or
          other resources at its disposal. The Secretary urges Recipient to take strong measures to
          ensure that Student Grants are made to the maximum extent possible.”

     5. Can institutions use the Student Portion of its CARES Act funds under Section
        18004(a)(1) for student scholarships? 3

          No. The CARES Act does not allow institutions use the Student Portion of their Section
          18004(a)(1) funds for student scholarships. Institutions may use the Student Portion of their
          Section 18004(a)(1) funds only for direct emergency financial aid grants to students, not
          scholarships.

          However, an institution may use the Institutional Portion of its Section 18004(a)(1) award
          for student scholarships under limited circumstances. Section 18004(a)(1) requires
          institutions to use Institutional Relief funds only to cover “costs associated with significant
          changes to the delivery of instruction due to the coronavirus” pursuant to Section 18004(c).

          Therefore, if an institution wishes to use the Institutional Portion of its Section 18004(a)(1)
          award to fund student scholarships, the scholarships must be geared towards these types of
          costs. Examples of such allowable scholarships for “costs associated with significant
          changes to the delivery of instruction due to the coronavirus” include covering the cost of
          fees to access an online library in lieu of a physical library (if such fees are otherwise usually
          required), providing students with computers and internet access, and subsidizing the added
          cost of off-campus housing.

          Furthermore, it is important that any scholarships funded by the Institutional Portion of a
          Section 18004(a)(1) award would not count toward the minimum fifty percent of an
          institution’s total allocation that must be spent on emergency financial aid grants to students
          for expenses related to the disruption of campus operations due to coronavirus.

     6. Can institutions use CARES Act funds under Section 18004(a)(2) or Section
        18004(a)(3) to make scholarships to students?

          Yes. Section 18004(a)(2) and Section 18004(a)(3) of the CARES Act state that institutions
          may use funds specifically “for grants to students for any component of the student’s cost
          of attendance (as defined under section 472 of the Higher Education Act), including food,

3
  This FAQ has been updated on September 8, 2020 to clarify that only the (a)(1) Institutional Portion may be used for
student scholarships in certain limited circumstances.
                                                          3
   housing, course materials, technology, health care, and child care.”

7. Can schools using CARES Act funds under Section 18004(a)(2) or Section 18004(a)(3)
   to make scholarships to students advertise those scholarships using such funds?

   Yes. The CARES Act does not include the same restriction on pre-enrollment recruitment
   activities under Section 18004(a)(2) and Section 18004(a)(3) as it does for funds under
   Section 18004(a)(1). Accordingly, the Certification and Agreement for funds under Section
   18004(a)(2) and Section 18004(a)(3), respectively, does not contain such a restriction. The
   C & A for Section 18004(a)(1) states: “Recipient shall not use funds for payment to
   contractors for the provision of pre-enrollment recruitment activities, which include
   marketing and advertising; endowments; or capital outlays associated with facilities related
   to athletics, sectarian instruction, or religious worship.” The C & A for Section 18004(a)(2)
   or Section 18004(a)(3) does not contain this language.

8. Can schools use CARES Act funds under Section 18004(a)(1) to pay salaries and
   benefits for employees that work in the dining halls and dorms and who would have
   otherwise been paid through student housing fees had COVID-19 not disrupted
   campus operations?

   Yes. Institutions may use Institutional Relief funds under Section 18004(a)(1) of the CARES
   Act for “costs associated with the significant changes to the delivery of instruction due to
   the coronavirus.” The Certification and Agreement for the Institutional Portion of the
   HEERF states: “Recipient retains discretion in determining how to allocate and use the funds
   provided hereunder, provided that funds will be spent only on those costs for which
   Recipient has a reasoned basis for concluding such costs have a clear nexus to significant
   changes to the delivery of instruction due to the coronavirus.” The Department considers
   institutions to have such a reasoned basis with respect to the salaries and benefits for
   employees that work in dining halls and dorms and who would have otherwise been paid
   through student housing fees, had COVID-19 not disrupted campus operations.

9. If an institution usually purchases 1,000 laptops for students each year, but during the
   COVID-19 national emergency needs to purchase 2,000 laptops to accommodate the
   student body’s transition to on-line learning as a result of COVID-19 related
   disruption can the institution use CARES Act funds to purchase all 2,000 laptops?

   Yes. The CARES Act authorizes institutions to use Institutional Relief Funds (provided
   under section 18004(a)(1)) or funds made available under 18004(a)(2) or 18004(a)(3) to
   purchase all 2,000 computers if the institution experienced disruption of instruction as a
   result of COVID-19.

   Institutions cannot use Section 18004(a)(1) funds designated by the CARES Act as
   emergency financial aid grants to students (50 percent of Section 18004(a)(1) funds) to
   purchase laptops or other equipment, even if the institution intends to distribute that
   equipment to students.




                                            4
10. How do recipients of section 18004(a)(2) and (a)(3) funds document lost revenues? Do
    lost revenues relate only to disruption of instruction? Does lost revenue include
    revenue lost from cancelled summer camps or unused parking lots?

   Upon request from the Department, institutions must provide documents demonstrating
   year-over-year decreases in revenue that are the result of a decline in enrollment, a decline
   in student fees including housing fees and meal plans, a decline in parking and facilities
   revenue, or a decline in revenue from summer programs or other activities disrupted by
   COVID-19.




                                            5


File and source

File
department-of-education-cares-act-heerf-supplemental-faqs-www-ed-gov-9617dc45e1.pdf
Size
215,789 bytes
SHA-256
565db91998de419d8e531b80937df081b2a601e1f86ee56d21258380f324fedd
Our copy
department-of-education-cares-act-heerf-supplemental-faqs-www-ed-gov-9617dc45e1.pdf
Original
www.ed.gov
Back to top