[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR75.222]



[Page 147]

 

                           TITLE 34--EDUCATION

 

PART 75_DIRECT GRANT PROGRAMS--Table of Contents

 

                      Subpart D_How Grants Are Made

 

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



    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 

under 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 Sec.  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) 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 ED;

    (2) The application meets the requirements of all applicable 

statutes and codified 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.

    Note to Sec.  75.222: To assure prompt consideration, applicants 

submitting unsolicited applications should send the application, marked 

``Unsolicited Application'' on the outside, to the Chief, Application 

Control Center, U.S. Department of Education, Washington, DC 20202-4725.



(Authority: 20 U.S.C. 1221e-3 and 3474)



[60 FR 12096, Mar. 3, 1995]