Public and Nonprofit Institution Grant Funds for Students Certification and Agreement

Summary

The Department of Education's Certification and Agreement for public and nonprofit institutions receiving Student Aid Portion grants under section 314(a)(1) of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (CFDA 84.425E) sets the terms for using the funds. Recipients must give students at least the amount in financial aid grants required under the CARES Act, may not condition a grant on future enrollment, must prioritize students with exceptional need such as Pell Grant recipients, and hold the funds in trust as a fiduciary for students. Institutions that paid the endowment excise tax must notify the Department within 30 days and may not draw down more than 50% of their allocation without a waiver. Drawn funds should be paid out within 15 calendar days, and the paperwork notice gives OMB Number 1801-0005, expiring 12/31/2023.

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Issuer: Congressional materials
Document type: Department Of Education Gold Www Ed Gov 2Fade3D03A
Case: Department Of Education Gold Www Ed Gov 2Fade3D03A

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“Public and Nonprofit Institution Grant Funds for Students Certification and Agreement.” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-gold-www-ed-gov-2fade3d03a/, SHA-256 e596fdbe83b11b253073e15cd668e53476de08ff3868d6392e267db52ddc9635.

Full text

GOLD C&A Public and Nonprofit Institution Grant Funds for Students – Page 1

Coronavirus Response and Relief Supplemental Appropriations Act, 2021
Certification and Agreement (CFDA 84.425E) ((a)(1) Student Aid Portion)

PUBLIC AND NONPROFIT INSTITUTION GRANT FUNDS FOR STUDENTS

The terms, conditions, and requirements governing your institution’s (Recipient’s) use of these
grant funds awarded pursuant to section 314(a)(1) of the Coronavirus Response and Relief
Supplemental Appropriations Act, 2021 (CRRSAA) (Pub. L. 116-260) (award or grant) by the
U.S. Department of Education (Department) are governed by section 314 of the CRRSAA and
the following terms and conditions of this Certification and Agreement (C&A):

Use of Grant Funds:

1. Section 314(d)(5) of the CRRSAA requires Recipient, an institution of higher education
as defined in section 101 or 102(c) of the Higher Education Act of 1965, as amended
(HEA), 20 USC § 1001 or 1002(c), to provide at least the same amount of funding in
financial aid grants to students as was required to be provided under sections 18004(a)(1)
and (c) of division B of the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) (Pub. L. 116–136). The amount of funds made available by this award
under CFDA 84.425E represents the minimum amount that Recipient must use for
financial aid grants to students.

2. Under section 314(c)(3) of the CRRSAA, Recipient must make 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 child care.

3. Recipient acknowledges that it retains discretion to determine the amount and availability
of each individual financial aid grant consistent with all applicable laws, including non-
discrimination laws. Recipient further acknowledges that under 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 a financial aid grant.

4. Recipient acknowledges that it may not condition the receipt of such a 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 financial aid grant to the
student’s outstanding account balance with Recipient as a condition of receipt of or
eligibility for the financial aid grant.

5. 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.

6. 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
GOLD C&A Public and Nonprofit Institution Grant Funds for Students – Page 2

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.

7. The Secretary strongly encourages Recipient’s financial aid administrator to exercise the
use of professional judgment available under HEA section 479A, 20 USC § 1087tt, to
make adjustments on a case-by-case basis to exclude individual financial aid grants from
the calculation of a student’s expected family contribution. The Secretary does not
consider these individual financial aid grants to constitute Federal financial aid under
Title IV of the HEA.

8. Recipient must notify the Department within 30 days of making a determination that it is
required to remit payment to the Internal Revenue Service for the excise tax paid on
investment income of private colleges and universities under section 4968 of the Internal
Revenue Code of 1986 for tax year 2019 via the Required Notification of Endowment
Excise Tax Paid form, pursuant to section 314(d)(6) of the CRRSAA. Recipient
acknowledges that if it was required to remit payment to the Internal Revenue Service for
this excise tax paid, and if it is not an institution that has been designated as an eligible
work college under HEA section 448, 20 USC § 1087-58:

a. Recipient must not draw down more than 50% of its total allocation received
under CRRSAA section 314(a)(1) (combined Student Aid Portion and
Institutional Portion grants under CFDAs 84.425E and 84.425F), unless a waiver
of this condition has requested by Recipient and until approved by the Secretary
under CRRSAA section 314(d)(6)(B).

b. Recipient must use its remaining available funds only for financial aid grants to
students consistent with CRRSAA section 314(c)(3), or for sanitation, personal
protective equipment, or other expenses associated with the general health and
safety of the campus environment related to the qualifying emergency, unless a
waiver of this condition has been requested by Recipient and until approved by
the Secretary under CRRSAA section 314(d)(6)(B), and subject to other
applicable requirements in section 314.

Grant Administration:

9. 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)
GOLD C&A Public and Nonprofit Institution Grant Funds for Students – Page 3

to the Federal government via a process described here:
https://www2.ed.gov/documents/funding-101/g5-returning-interest.pdf.

10. 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.

11. Recipient acknowledges that any obligation under this grant (pre-award costs pursuant to
2 CFR § 200.458) must have been incurred on or after December 27, 2020, the date of the
enactment of the CRRSAA.

12. Recipient must promptly and to the greatest extent practicable distribute all grant funds
from this award in the form of 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).

13. 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.

Reporting and Accountability:

14. Recipient must promptly and timely report to the Department on the use of funds no later
than 6 months after the date of this award in a manner to be specified by the Secretary
pursuant to section 314(e) of the CRRSAA. Recipient must also promptly and timely
provide a detailed accounting of the use of funds provided by this award in such manner
and with such subsequent frequency as the Secretary may require. Recipient will comply
with any other applicable reporting requirements including those in Section 15011(b)(2)
of Division B of the CARES Act. Recipient acknowledges the Department may require
additional or more frequent reporting to be specified by the Secretary.

15. Recipient must comply with all requirements of the Single Audit Act Amendments of
1996, 31 USC § 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.

16. 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. Additionally, Recipient must promptly notify
the assigned education program officer if the Recipient’s Authorized Representative
changes.
GOLD C&A Public and Nonprofit Institution Grant Funds for Students – Page 4

17. 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 (i) the Department and/or its OIG; or (ii) 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.

18. Recipient acknowledges that failure to comply with this Certification and Agreement, its
terms and conditions, and/or all relevant provisions and requirements of the CRRSAA or
any other applicable law may result in Recipient’s liability under the False Claims Act,
31 USC § 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 USC § 1001, as appropriate; and
all of the laws and regulations referenced in the “Applicable Law” section of this
Certification and Agreement, below.

Applicable Law:

19. 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.

20. 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).

21. 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.
GOLD C&A Public and Nonprofit Institution Grant Funds for Students – Page 5

Institution Name: _________________________________________
Authorized Representative (typed name): ______________________________________
Authorized Representative Title: _________________________________________
DUNS Number: _________________________________________
OPE ID: _________________________________________
Date: _________________________________________

Paperwork Burden Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a
collection of information unless such collection displays a valid OMB control number. The valid
OMB control number for this information collection is 1801-0005. Public reporting burden for
this collection of information is estimated to average 5 hours per response, including time for
reviewing instructions, searching existing data sources, gathering, and maintaining the data
needed, and completing and reviewing the collection of information. The obligation to respond
to this collection is required to obtain or retain benefit (Section 314(a)(1) of the Coronavirus
Response and Relief Supplemental Appropriations Act, 2021 (Pub. L. 116-260)). If you have any
comments concerning the accuracy of the time estimate, suggestions for improving this
individual collection, or if you have comments or concerns regarding the status of your
individual form, application or survey, please contact Karen Epps, 400 Maryland Avenue, SW.
Washington, D.C. 20202 directly.

OMB Number: 1801-0005
Expiration Date: 12/31/2023

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