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Notes

34 C.F.R. §§ 75.216–75.222

7 sections in range

§75.216. Applications that the Secretary may choose not to evaluate for funding.

34 C.F.R. § 75.216

The Secretary may choose not to evaluate an application if—
(a)
The applicant does not comply with all of the procedural rules that govern the submission of the application; or
(b)
The application does not contain the information required under the program.
Notes, amendments, and revision history

Amendments

[89 FR 70326, Aug. 29, 2024]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[89 FR 70326, Aug. 29, 2024]

§75.217. How the Secretary selects applications for new grants.

34 C.F.R. § 75.217

(a)
The Secretary selects applications for new grants on the basis of applicable statutes and regulations, the selection criteria, and any priorities or other requirements that have been published in the Federal Register and apply to the selection of those applications.
(b)
(1)
The Secretary may use experts to evaluate the applications submitted under a program.
(2)
These experts may include persons who are not employees of the Federal Government.
(c)
The Secretary prepares a rank order of the applications based on the evaluation of their quality according to the selection criteria and any competitive preference points.
(d)
The Secretary then determines the order in which applications will be selected for grants. The Secretary considers the following in making these determinations:
(1)
The information in each application.
(2)
The rank ordering of the applications.
(3)
Any other information—
(i)
Relevant to a criterion, priority, or other requirement that applies to the selection of applications for new grants;
(ii)
Concerning the applicant's performance and use of funds under a previous award under any Department program; and
(iii)
Concerning the applicant's failure under any Department program to submit a performance report or its submission of a performance report of unacceptable quality.
Notes, amendments, and revision history

Amendments

[52 FR 27804, July 24, 1987, as amended at 62 FR 4167, Jan. 29, 1997; 89 FR 70322, Aug. 29, 2024]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[52 FR 27804, July 24, 1987, as amended at 62 FR 4167, Jan. 29, 1997; 89 FR 70322, Aug. 29, 2024]

§75.218. Applications not evaluated or selected for funding.

34 C.F.R. § 75.218

(a)
The Secretary informs an applicant if its application—
(1)
Is not evaluated; or
(2)
Is not selected for funding.
(b)
If an applicant requests an explanation of the reason its application was not evaluated or selected, the Secretary provides that explanation.
Notes, amendments, and revision history

Amendments

[57 FR 30338, July 8, 1992]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[57 FR 30338, July 8, 1992]

§75.219. Exceptions to the procedures under § 75.217.

34 C.F.R. § 75.219

The Secretary may select an application for funding without following the procedures in § 75.217 if:
(a)
The objectives of the project cannot be achieved unless the Secretary makes the grant before the date grants can be made under the procedures in § 75.217;
(b)
(1)
The application was submitted under the program's preceding competition;
(2)
The application was not selected for funding because the application was mishandled or improperly processed by the Department; and
(3)
The application has been rated highly enough to deserve selection under § 75.217; or
(c)
The Secretary receives an unsolicited application that meets the requirements of § 75.222.
Notes, amendments, and revision history

Amendments

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 60 FR 12096, Mar. 3, 1995; 89 FR 70326, Aug. 29, 2024]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 52 FR 27804, July 24, 1987; 60 FR 12096, Mar. 3, 1995; 89 FR 70326, Aug. 29, 2024]

§75.220. Procedures the Department uses under § 75.219(a).

34 C.F.R. § 75.220

If the special circumstances of § 75.219(a) appear to exist for an application, the Secretary uses the following procedures:
(a)
The Secretary assembles a board to review the application.
(b)
The board consists of—
(1)
A program officer of the program under which the applicant wants a grant;
(2)
An employee from the Office of Finance and Operations (OFO) with responsibility for grant policy; and
(3)
A Department employee who is not a program officer of the program but who is qualified to evaluate the application.
(c)
The board reviews the application to decide if—
(1)
The special circumstances under § 75.219(a) are satisfied;
(2)
The application rates high enough, based on the selection criteria, priorities, and other requirements that apply to the program, to deserve selection; and
(3)
Selection of the application will not have an adverse impact on the budget of the program.
(d)
The board forwards the results of its review to the Secretary.
(e)
If each of the conditions in paragraph (c) of this section is satisfied, the Secretary may select the application for funding.
(f)
Even if the Secretary does not select the application for funding, the applicant may submit its application under the procedures in Subpart C of this part.
Notes, amendments, and revision history

Amendments

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86297, Dec. 30, 1980; 64 FR 50391, Sept. 16, 1999; 89 FR 70326, Aug. 29, 2024]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[45 FR 22497, Apr. 3, 1980. Redesignated at 45 FR 77368, Nov. 21, 1980, as amended at 45 FR 86297, Dec. 30, 1980; 64 FR 50391, Sept. 16, 1999; 89 FR 70326, Aug. 29, 2024]

§75.221. Procedures the Department uses under § 75.219(b).

34 C.F.R. § 75.221

If the Secretary has documentary evidence that the special circumstances of § 75.219(b) exist for an application, the Secretary may select the application for funding.
Notes, amendments, and revision history

Amendments

[89 FR 70326, Aug. 29, 2024]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[89 FR 70326, Aug. 29, 2024]

§75.222. Procedures the Department uses under § 75.219(c).

34 C.F.R. § 75.222

If the Secretary receives an unsolicited application, the Secretary may consider the application under the following procedures unless the Secretary has published a notice in the Federal Register stating that the program that would fund the application would not consider unsolicited applications:
(a)
(1)
The Secretary determines whether the application could be funded under a competition planned or conducted for the fiscal year for which funds would be used to fund the application.
(2)
(i)
If the application could be funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has not passed, the Secretary refers the application to the appropriate competition for consideration under the procedures in § 75.217.
(ii)
(A)
If the application could have been funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has passed, the Secretary may consider the application only in exceptional circumstances, as determined by the Secretary.
(B)
If the Secretary considers an application under paragraph (a)(2)(ii)(A) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section.
(iii)
If the application could not be funded under a competition described in paragraph (a)(1) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section.
(b)
If an application may be considered under paragraphs (a)(2)(ii) or (iii) of this section, the Secretary determines if—
(1)
There is a substantial likelihood that the application is of exceptional quality and national significance for a program administered by the Department;
(2)
The application meets the requirements of all applicable statutes and regulations that apply to the program; and
(3)
Selection of the project will not have an adverse impact on the funds available for other awards planned for the program.
(c)
If the Secretary determines that the criteria in paragraph (b) of this section have been met, the Secretary assembles a panel of experts that does not include any employees of the Department to review the application.
(d)
The experts—
(1)
Evaluate the application based on the selection criteria; and
(2)
Determine whether the application is of such exceptional quality and national significance that it should be funded as an unsolicited application.
(e)
If the experts highly rate the application and determine that the application is of such exceptional quality and national significance that it should be funded as an unsolicited application, the Secretary may fund the application.
Notes, amendments, and revision history

Amendments

[60 FR 12096, Mar. 3, 1995, as amended at 89 FR 70326, Aug. 29, 2024]

Authority

Authority: 20 U.S.C. 1221e-3 and 3474, unless otherwise noted. Section 75.263 also issued under 2 CFR 200.308(e)(1). Section 75.617 also issued under 31 U.S.C. 3504, 3505. Section 75.740 also issued under 20 U.S.C. 1232g and 1232h.

Source

Source: 45 FR 22497, Apr. 3, 1980, unless otherwise noted. Redesignated at 45 FR 77368, Nov. 21, 1980.

Amendments

[60 FR 12096, Mar. 3, 1995, as amended at 89 FR 70326, Aug. 29, 2024]