Assurances - Construction Programs, OMB Number: 4040-0009, Expiration Date: 02/28/2022

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A standard federal form titled Assurances - Construction Programs, OMB Number 4040-0009 with an expiration date of 02/28/2022. It states a public reporting burden estimate of an average of 15 minutes per response and tells applicants not to return the completed form to the Office of Management and Budget but to send it to the address provided by the sponsoring agency. It notes that certain assurances may not apply to a project or program and that some awarding agencies may require applicants to certify to additional assurances.

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Issuer: Congressional materials

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“Assurances - Construction Programs, OMB Number: 4040-0009, Expiration Date: 02/28/2022.” Original at www.ed.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-education-pdf-www-ed-gov-b71f39ec17/, SHA-256 5bde12123542edfe2595255fa81984e9f56a14949db2ba06ba1157747fe55e0b.

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ASSURANCES - CONSTRUCTION PROGRAMS OMB Number: 4040-0009
Expiration Date: 02/28/2022

Public reporting burden for this collection of information is estimated to average 15 minutes 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. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT
AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional
assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant:, I certify that the applicant:

1. Has the legal authority to apply for Federal assistance, 8. Will comply with the Intergovernmental Personnel Act
and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
(including funds sufficient to pay the non-Federal share standards of merit systems for programs funded
of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in
management and completion of project described in Appendix A of OPM's Standards for a Merit System of
this application. Personnel Administration (5 C.F.R. 900, Subpart F).
2. Will give the awarding agency, the Comptroller General 9. Will comply with the Lead-Based Paint Poisoning
of the United States and, if appropriate, the State, Prevention Act (42 U.S.C. §§4801 et seq.) which
the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or
documents related to the assistance; and will establish rehabilitation of residence structures.
a proper accounting system in accordance with
generally accepted accounting standards or agency 10. Will comply with all Federal statutes relating to non-
directives. discrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
3. Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race,
terms of the real property title or other interest in the color or national origin; (b) Title IX of the Education
site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681
from the awarding agency. Will record the Federal 1683, and 1685-1686), which prohibits discrimination
awarding agency directives and will include a covenant on the basis of sex; (c) Section 504 of the
in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C.
with Federal assistance funds to assure non- §794), which prohibits discrimination on the basis of
discrimination during the useful life of the project. handicaps; (d) the Age Discrimination Act of 1975, as
4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits
awarding agency with regard to the drafting, review and discrimination on the basis of age; (e) the Drug Abuse
approval of construction plans and specifications. Office and Treatment Act of 1972 (P.L. 92-255), as
amended relating to nondiscrimination on the basis of
5. Will provide and maintain competent and adequate drug abuse; (f) the Comprehensive Alcohol Abuse and
engineering supervision at the construction site to Alcoholism Prevention, Treatment and Rehabilitation
ensure that the complete work conforms with the Act of 1970 (P.L. 91-616), as amended, relating to
approved plans and specifications and will furnish nondiscrimination on the basis of alcohol abuse or
progressive reports and such other information as may be alcoholism; (g) §§523 and 527 of the Public Health
required by the assistance awarding agency or State. Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
6. Will initiate and complete the work within the applicable and drug abuse patient records; (h) Title VIII of the
time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
7. Will establish safeguards to prohibit employees from
rental or financing of housing; (i) any other
using their positions for a purpose that constitutes or
nondiscrimination provisions in the specific statue(s)
presents the appearance of personal or organizational
under which application for Federal assistance is being
conflict of interest, or personal gain.
made; and (j) the requirements of any other
nondiscrimination statue(s) which may apply to the
application.

Previous Edition Usable Authorized for Local Reproduction Standard Form 424D (Rev. 7-97)
Prescribed by OMB Circular A-102
11. Will comply, or has already complied, with the Federal actions to State (Clean Air) implementation
requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c) of the Clean Air Act of
Assistance and Real Property Acquisition Policies Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)
1970 (P.L. 91-646) which provide for fair and equitable protection of underground sources of drinking water
treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as
acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h) protection of
programs. These requirements apply to all interests in real endangered species under the Endangered Species
property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205).
Federal participation in purchases.
16. Will comply with the Wild and Scenic Rivers Act of
12. Will comply with the provisions of the Hatch Act (5 U.S.C. 1968 (16 U.S.C. §§1271 et seq.) related to protecting
§§1501-1508 and 7324-7328) which limit the political components or potential components of the national
activities of employees whose principal employment wild and scenic rivers system.
activities are funded in whole or in part with Federal funds.
17. Will assist the awarding agency in assuring compliance
13. Will comply, as applicable, with the provisions of the Davis- with Section 106 of the National Historic Preservation
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and
Work Hours and Safety Standards Act (40 U.S.C. §§327- the Archaeological and Historic Preservation Act of
333) regarding labor standards for federally-assisted 1974 (16 U.S.C. §§469a-1 et seq).
construction subagreements.
18. Will cause to be performed the required financial and
14. Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit
Section 102(a) of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No. A-133,
(P.L. 93-234) which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit
hazard area to participate in the program and to purchase Organizations."
flood insurance if the total cost of insurable construction
and acquisition is $10,000 or more. 19. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
15. Will comply with environmental standards which may be governing this program.
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National 20. Will comply with the requirements of Section 106(g) of
Environmental Policy Act of 1969 (P.L. 91- the Trafficking Victims Protection Act (TVPA) of 2000, as
190) and Executive Order (EO) 11514; (b) notification amended (22 U.S.C. 7104) which prohibits grant award
of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe
protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time
evaluation of flood hazards in floodplains in accordance that the award is in effect (2) Procuring a commercial
with EO 11988; (e) assurance of project consistency sex act during the period of time that the award is in
with the approved State management program effect or (3) Using forced labor in the performance of the
developed under the Coastal Zone Management Act of award or subawards under the award.
1972 (16 U.S.C. §§1451 et seq.); (f) conformity of

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
State Superintendent of Education

APPLICANT ORGANIZATION DATE SUBMITTED
South Carolina Department of Education 18 June 2021

SF-424D (Rev. 7-97) Back
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number: 4040-0013
Expiration Date: 02/28/2022

1. * Type of Federal Action: 2. * Status of Federal Action: 3. * Report Type:
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan

e. loan guarantee
f. loan insurance

4. Name and Address of Reporting Entity:
Prime SubAwardee

* Name
South Carolina Department of Education

* Street 1 Street 2
1429 Senate St., Suite 1005

* City State Zip
Columbia SC: South Carolina 29201

Congressional District, if known: SC-06

5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime:

6. * Federal Department/Agency: 7. * Federal Program Name/Description:
U.S. Department of Education

CFDA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amount, if known:
$

10. a. Name and Address of Lobbying Registrant:
Prefix * First Name Middle Name
N/A Not Applicable

* Last Name Suffix
N/A Not Applicable

* Street 1 Street 2

* City State Zip

b. Individual Performing Services (including address if different from No. 10a)
Prefix * First Name Middle Name
N/A Not Applicable

* Last Name Suffix
N/A Not Applicable

* Street 1 Street 2

* City State Zip

11. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which
reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to
the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.

* Signature:

*Name: Prefix * First Name Middle Name
Mrs. Molly M.

* Last Name Suffix
Spearman

Title: State Superintendent of Education Telephone No.: 803-734-8500 Date: 18 June 2021

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL (Rev. 7-97)
OMB Number: 4040-0007
Expiration Date: 02/28/2022

ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes 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. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.

PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND
IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.

NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.

As the duly authorized representative of the applicant, I certify that the applicant:

1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which
and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d)
(including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U.
of project cost) to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on
and completion of the project described in this the basis of age; (e) the Drug Abuse Office and
application. Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
2. Will give the awarding agency, the Comptroller General abuse; (f) the Comprehensive Alcohol Abuse and
of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation
through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to
the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or
documents related to the award; and will establish a alcoholism; (g) §§523 and 527 of the Public Health
proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
accepted accounting standards or agency directives. ee- 3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the Civil
3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale,
presents the appearance of personal or organizational rental or financing of housing; (i) any other
conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
4. Will initiate and complete the work within the applicable made; and, (j) the requirements of any other
time frame after receipt of approval of the awarding nondiscrimination statute(s) which may apply to the
agency. application.

7. Will comply, or has already complied, with the
5. Will comply with the Intergovernmental Personnel Act of
requirements of Titles II and III of the Uniform
1970 (42 U.S.C. §§4728-4763) relating to prescribed
Relocation Assistance and Real Property Acquisition
standards for merit systems for programs funded under
Policies Act of 1970 (P.L. 91-646) which provide for
one of the 19 statutes or regulations specified in
fair and equitable treatment of persons displaced or
Appendix A of OPM's Standards for a Merit System of
whose property is acquired as a result of Federal or
Personnel Administration (5 C.F.R. 900, Subpart F).
federally-assisted programs. These requirements
apply to all interests in real property acquired for
6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in
nondiscrimination. These include but are not limited to: purchases.
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color 8. Will comply, as applicable, with provisions of the
or national origin; (b) Title IX of the Education Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose
1683, and 1685-1686), which prohibits discrimination on principal employment activities are funded in whole
the basis of sex; (c) Section 504 of the Rehabilitation or in part with Federal funds.

Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance
Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation
(40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593
Work Hours and Safety Standards Act (40 U.S.C. §§327- (identification and protection of historic properties), and
333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of
construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.).

10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of
requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and
Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance.
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of
insurable construction and acquisition is $10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or
prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance.
environmental quality control measures under the National
Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning
Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which
facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or
pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures.
floodplains in accordance with EO 11988; (e) assurance of
17. Will cause to be performed the required financial and
project consistency with the approved State management compliance audits in accordance with the Single Audit
program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133,
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit
Federal actions to State (Clean Air) Implementation Plans Organizations."
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other
underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies
Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program.
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of
205). the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award
12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe
1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time
components or potential components of the national that the award is in effect (2) Procuring a commercial
wild and scenic rivers system. sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the
award or subawards under the award.

SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
State Superintendent of Education

APPLICANT ORGANIZATION DATE SUBMITTED
South Carolina Department of Education 18 June 2021
Standard Form 424B (Rev. 7-97) Back

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