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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Notices
parts 75, 77, 79, 81, 82, 84, 97, 98, and 99. b The Office of Management and Budget Guidelines to Agencies on Governmentwide Debarment and Suspension Nonprocurement in 2 CFR
part 180, as adopted and amended as regulations of the Department in 2 CFR
part 3485. c 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.
Note: The open licensing requirement in 2
CFR 3474.20 does not apply to this program.

II. Award Information Type of Award: Discretionary grants.
Estimated Available Funds:
$3,200,000.
Estimated Range of Awards: $50,000
to $350,000.
Estimated Average Size of Awards:
$250,000.
Maximum Award: The total amount of Project SAFE funds an LEA requests must not exceed the amount of the financial penalty for adopting and implementing CDC guidance that the LEA incurred or will incur during the project period. The Department may fund awards in whole, or in part, consistent with this notice, and may establish a maximum grant award level through a notice in the Federal Register in order to serve as many eligible applicants as possible.
Estimated Number of Awards: 13.
Note: The Department is not bound by any estimates in this notice.

Project Period: Up to 12 months. The Department may structure an LEAs award based on the timing of any anticipated future financial penalty.
III. Eligibility Information 1. Eligible Applicants: An LEA that a. Has adopted a policy to implement and is implementing one or more of the strategies recommended in the CDCs Guidance for COVID19 Prevention in K12 Schools, as may be updated.11 The most recent guidance incorporates the following strategies:
i Promoting vaccination;
ii Consistent and correct mask use;
iii Physical distancing;
iv Screening testing to promptly identify cases, clusters, and outbreaks;
v Ventilation;
vi Handwashing and respiratory etiquette;
vii Staying home when sick and getting tested;
11 See: https www.cdc.gov/coronavirus/2019ncov/community/schools-childcare/k-12guidance.html.

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viii Contact tracing, in combination with isolation and quarantine; and ix Cleaning and disinfection.
b. Has incurred or will incur a financial penalty imposed by its SEA or other State entity, such as a reduction in funding, including but not limited to reduction in salaries for school board members or superintendents, due to implementation of one or more strategies described in paragraph a;
and c. To protect the safety and well-being of students, has continued at the time of application to implement such strategy or strategies for which the penalty was imposed and commits to maintain such strategy or strategies to the extent consistent with CDC guidance for the 20212022 school year.
2. a. Cost Sharing or Matching: This competition does not require cost sharing or matching.
b. Administrative Cost Limitation:
This program does not include any program-specific limitation on administrative expenses. All administrative expenses must be reasonable and necessary and conform to Cost Principles described in 2 CFR
part 200 subpart E of the Uniform Guidance.
3. Subgrantees: A grantee under this competition may not award subgrants to entities to directly carry out activities described in its application.
IV. Application and Submission Information 1. Application: Applicants are required to certify in their application that they meet the eligibility requirements. In addition to this certification, applicants must include with their application an electronic copy of a. The enacted LEA policy that demonstrates that the LEA has adopted one or more strategies as recommended in the CDCs Guidance for COVID19
Prevention in K12 Schools available at https www.cdc.gov/coronavirus/2019ncov/community/schools-childcare/k12-guidance.html, as listed in the eligibility requirements;
b. The SEA or other State entity notification of a financial penalty levied due to the LEAs adoption of such strategy or strategies, which includes the amount and duration of such penalty to the extent available; and c. An assurance from the LEA
superintendent or authorized representative that the LEA leadership will continue implementing the prevention strategy or strategies to the extent consistent with CDC guidance for the duration of the 20212022 school year.

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The application must also describe the amount of the financial penalty specified in the notification from the SEA or other State entity that has already been levied at the time of the application and the anticipated amount of any future financial penalty that will be levied during the 12-month period beginning on the date of application.
2. Budget: Applicants are required to include a budget that includes the total amount requested and the proposed use of grant funds consistent with the absolute priority. The total amount requested must not exceed the amount of the financial penalty the LEA already incurred at the time of application and will incur within the 12-month period following the date of application.
3. Intergovernmental Review: This competition is subject to Executive Order 12372 and the regulations in 34
CFR part 79. However, under 34 CFR
79.8a, we waive intergovernmental review in order to make awards on an expedited basis.
4. Funding Restrictions: We reference regulations outlining funding restrictions in the Applicable Regulations section of this notice.
V. Application Review Information 1. Review: Program staff will screen all applications to eliminate any applications that do not meet the eligibility requirements or are incomplete and review applicant budgets to ensure they meet the absolute priority and that costs are allowable.
Applications will be accepted on a rolling basis and approved as they are reviewed and determined by program staff to meet all requirements. If it becomes necessary to prioritize applications due to limited availability of funds, the Department may consider additional factors including whether an LEA has Federal pandemic recovery funds available to meet the purposes of the grant.
2. Selection Process: We remind potential applicants that in reviewing applications in any discretionary grant competition, the Secretary may consider, under 34 CFR 75.217d3, the past performance of the applicant in carrying out a previous award, such as the applicants use of funds, achievement of project objectives, and compliance with grant conditions. The Secretary may also consider whether the applicant failed to submit a timely performance report or submitted a report of unacceptable quality.
In addition, in making a competitive grant award, the Secretary requires various assurances, including those applicable to Federal civil rights laws that prohibit discrimination in programs
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