HB 1794 — Appropriation; IHL for postsecondary board to administer the "Postsecondary Education COVID-19 Mitigation Relief Grant Program."

HB1794 (As PassedSent theto House)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Scoggin, Faulkner House Bill 1794 (As PassedSent theto House)Governor) AN ACT MAKING AN APPROPRIATION FROM THE "POSTSECONDARY EDUCATION COVID-19 MITIGATION RELIEF GRANT FUND" TO THE IHLDEPARTMENT BOARD FOR PURPOSES OF THEFINANCE MISSISSIPPIAND POSTSECONDARYADMINISTRATION EDUCATIONFOR FINANCIALPURPOSES ASSISTANCEOF BOARDADMINISTERING TO ADMINISTER THE GRANT PROGRAM CREATED TO PROVIDE THE REIMBURSEMENT OF ELIGIBLE EXPENSES FOR THE MITIGATION OF THE IMPACT OF COVID-19;

     SECTION 1.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the "Postsecondary Education COVID-19 Mitigation Relief Grant Fund," to the BoardDepartment of TrusteesFinance ofand StateAdministration Institutions of Higher Learning's Office of Student Financial Aid for purposes of allowingadministering the Mississippi Postsecondary Education Financial Assistance Board to administer the "Postsecondary Education COVID-19 Mitigation Relief Program Act," established in Sections 1 through 76 of House Bill No.

1794,1793, 2020 Regular Session, for the period beginning upon July 1, 2020, and ending December 30, 2020 ....................$$ 88,842,618.19.100,000,000.00.

     SECTION 2.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the "Independent Schools' COVID-19 Assistance Grant Fund," to the Mississippi Development Authority (MDA) for purposes of administering the "Independent Schools' COVID-19 Assistance Grant Program Act," established in Sections 97 through 14 of House Bill No.

1794,1793, 2020 Regular Session, for the period beginning upon July 1, 2020, and ending December 30, 20202020........... ...................   $ 10,000,000.00.

    $  SECTION10,000,000.00. 3.  (1)  As used in this section and Section 4 of this act, the term "agency" means the Board of Trustees of State Institutions of Higher Learning's Office of Student Financial Aid or the Mississippi Development Authority, as the case may be.

     (2) SECTION The3.  agency(1)  shallAs notused disbursein any funds appropriated under this actsection toand anySection recipient4 withoutof first: this (a)act, making an individualized determination that the reimbursementterm sought"agency" is,means in the board'sDepartment independentof judgment,Finance forand necessaryAdministration expendituresor incurred due to the publicMississippi healthDevelopment emergencyAuthority, with respect to COVID–19 as provided under Section 601(d) of the federalcase Social Security Act as added by Section 5001 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may bebe. amended or supplemented from time to time, by the United States Department of the Treasury;

     (2)  The agency shall not disburse any funds appropriated under this act to any recipient without first:  (a) making an individualized determination that the reimbursement sought is, in the board's independent judgment, for necessary expenditures incurred due to the public health emergency with respect to COVID-19 as provided under Section 601(d) of the federal Social Security Act as added by Section 5001 of the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury;

     SECTION 4.  (1)  As a condition of receiving and expending the funds appropriated to the agency under this act, the agency shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the agency under SectionSections 1 and 2 of this act is in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, ofby the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

     (2)  If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus Relief Fund established by the federal CARES Act (a) determines that the agency has expended or otherwise used any of the funds appropriated to the board under this act for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, ofby the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the federal CARES Act, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the agency, then the agency, which expended or otherwise used those funds improperly, shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.