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Federal Register / Vol. 86, No. 112 / Monday, June 14, 2021 / Notices supporting documentation as DOT may require.
The amount of Public Contribution the applicant is requesting which may be equal to half the total compensation level or less for the EEG as of April 1, 2020, and whether the applicant is requesting the funds to rehire or retain employees, or a combination.
Whether the applicant business entity is currently engaged in any legal proceeding that could jeopardize its ability to fulfill the legal commitments required in statute as conditions for receiving funds under the AMJP.
Examples of such proceedings could include but are not limited to any process related to the United States Bankruptcy Code, potential merger or acquisition discussions, or current litigation against the applicant. The application system will request that applicants identify any such issues at a high level, but avoid including unnecessary details in the application.
Such circumstances would not necessarily, on their own, render an applicant ineligible. However, DOT
would consider such circumstances in a risk-based approach to oversight, and may include additional conditions in the agreement, including but not limited to continuing disclosure and supplemental reporting requirements.
Whether the applicant is delinquent on any debt to any Federal agency, along with supporting details. Such circumstances would not necessarily, on their own, render an applicant ineligible. However, DOT may be required to coordinate with other Federal agencies to ensure resolution of these circumstances before processing disbursements under the AMJP.
Certification by the applicant that they can and will enter into a legal agreement with DOT, that will require the applicant to 1 provide the Private Contribution which means the remainder of the total compensation costs associated with the EEG that is not funded by assistance under the AMJP;
and 2 not conduct any involuntary layoffs, furloughs, or reductions in pay rates or benefits for the EEG during the term of the agreement with DOT.
Although DOT may verify the accuracy of these certifications, possibly using a risk-based approach to verification, applicants are legally responsible for ensuring the accuracy of these certifications.
After DOT determines eligibility and enters into an agreement with the applicant referred to hereafter as the recipient, DOT may also require the recipient to provide updated information to DOT on the actual aggregate total cost of compensation for
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the EEG during the period of the agreement with DOT, if DOT determines it is necessary in order to review and approve actual disbursements pursuant to the agreement. Recipients will be required to provide supporting documentation in sufficient detail to substantiate the actual costs, specifically excluding any Personally Identifiable Information PII for any individual employees.
Recipients will also be required to provide additional supporting information and certifications in support of disbursement requests.
Sworn certification as to the complete and accurate nature of all information provided, including all supporting documentation and any information provided by other parties such as outside accountants, auditors or attorneys, subject to civil or criminal penalties. The specific certification language will include: I certify under penalty of perjury that the information and certifications provided in the application and its attachments are true and correct. WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil penalties. 18 U.S.C. 287, 1001; 31 U.S.C. 3729, 3802.
In making its eligibility determinations, DOT will not consider any other factors, such as financial stability, financial need, economic impacts of the business, magnitude of lost revenues, size of the business, or regional considerations. DOT will make eligibility determinations based solely on the statutory criteria, as set forth in this notice.
Even if an applicant wishes to rely upon an outside entity to prepare the entire application on their behalf, an authorized representative of the applicant which must be an owner, officer or employee of the applicant must make all the required certifications as outlined above, after verifying that all of the information provided in the application is complete and accurate.
Likewise, if an applicant relies upon an outside entity to assist in the application process, the responsibility for meeting the deadline remains with the applicant, including all required documentation and certifications in the online system. DOT will not consider any application that is either incomplete or submitted after Deadline 2.
DOT may seek additional supporting documentation from any applicant at any time, either during the application review process or subsequently.
However, DOT shall not be under any obligation to allow an applicant to
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modify its supporting information after Deadline 2 has passed. Any materially incorrect, incomplete, or misleading information provided in support of the application may be grounds for cancellation of the agreement and recovery of any funds already disbursed or in process of disbursement.
6. Subsequent Steps and Associated Issues After all applications have been received, DOT will review and validate the applications, make final eligibility determinations, and determine the resulting allocation of funds. DOT
cannot predict how long this will take.
The duration will depend heavily on the number of applications received.
Once an agreement is in place, DOT
may require continuing disclosure and reporting in support of disbursement requests. If an approved recipient experiences natural attrition within the EEG, or terminates any employee in the eligibility employee group due to performance or conduct issues in accordance with employer policy,35
DOT will not require the recipient to backfill vacancies. However, the recipient will be required to disclose any reduction in the total compensation costs for the EEG and DOT may make comparable reductions in the actual disbursements to the recipient.
If the recipient backfills such vacancies during the term of the agreement, then the recipient may include the associated compensation costs in subsequent disbursement requests. However, any resulting increase in total compensation costs will not increase the Public Contribution.
The statute requires recipients to refrain from conducting involuntary layoffs or furloughs among the EEG
during the term of the agreement.36
DOTs expectation is that this assistance program would also reduce the need for businesses to consider layoffs or furloughs after the term of the agreement has ended. Therefore, the agreement may include disclosure requirements, and may state that the prohibition on furloughs or layoffs among the EEG does not restrict the employer from providing notice, during the term of the agreement, of actions that may occur after the term of the agreement.
DOT anticipates making an initial disbursement shortly after awarding each agreement. Recipient companies will be required to submit updated 35 72012H.
36 Or until September 30, 2021, whichever is later.

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