Sections 602 and 603 of the Social
Security Act as added by section 9901 of the American Rescue Plan
Act of 2021 (the “Act”), Pub. L. No. 117-2 (Mar. 11, 2021)
authorizes the Coronavirus State Fiscal Recovery Fund (CSFRF) and
Coronavirus Local Fiscal Recovery Fund (CLFRF) respectively
(referred to as the “Coronavirus State and Local Fiscal Recovery
Funds” or “SLFRF”), which provides $350 billion in total funding to
Treasury to make payments generally to States (defined to include
the District of Columbia), U.S. Territories (defined to include,
Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands,
and American Samoa), Tribes, Metropolitan cities, Counties,
Consolidated Governments, and Nonentitlement units of local
government (through States) (collectively the “eligible entities”)
to respond to the COVID-19 public health emergency or its negative
economic impact, including provide assistance to households, small
business, nonprofits, and impacted industries, such as tourism,
travel, and hospitality; respond to workers performing essential
work during the COVID-19 pandemic by providing premium pay to
eligible workers of the State, territory, tribal government,
metropolitan city, county, or nonentitlement units of local
government performing essential work or by providing grants to
eligible employers that have eligible workers; provide government
services, to the extent COVID-19 caused a reduction of revenues
collected in the most recent full fiscal year of the State,
territory, tribal government, metropolitan city, county, or
nonentitlement units of local government; or make necessary
investments in water, sewer, or broadband infrastructure. Section
602(b) of the Act prescribes that $219.8 billion must be allocated
as follows: (1) $4.5 billion reserved for making payments to the
U.S. Territories; (2) $20 billion reserved for making payments to
Tribal governments; and (3) $195.3 billion reserved for making
payments to the 50 States and the District of Columbia. Section
603(b) of the Act prescribes that $130.2 billion must be allocated
as follows: (1) $45.57 billion reserved for making payments to
Metropolitan cities; (2) $19.53 billion reserved for making
payments to States for distribution to Nonentitlement units of
local government; and (3) $65.1 billion reserved for making
payments to Counties. A unit of general local government that has
formed a consolidated government or is geographically (in full or
in part) within the boundaries of another unit of general local
government may receive a distribution from the funds reserved for
making payment to a metropolitan city, nonentitlement unit of local
government or county, as applicable based on the respective formula
for such allocation to a metropolitan city, nonentitlement unit of
local government or county. Section 602(b)(6)(A)(i) provides that
Treasury shall make payments to States and U.S. Territories no
later than 60 days after receipt of the required certification.
Payments to tribal governments are to be distributed no later than
60 days after March 11, 2021 pursuant to section 602(b)(6)(B).
Section 603(b)(7)(A) provides that Treasury shall make the first
tranche of payments to metropolitan cities, counties, and States
for distribution to nonentitlement units of local government no
later than 60 days after March 11, 2021.
Pursuant to the Office
of Management and Budget (OMB) procedures established at 5 C.F.R. §
1320.13, the Department of the Treasury (Treasury) requests
emergency processing for State and Local Fiscal Recovery Funds
(SLFRF) program Recovery Plan Performance Report, the
Non-entitlement units of government (NEU) distribution template and
the Not units of general local government (Non-UGLG) information
collection request, revising OMB Control Number 1505-0271. On March
11, 2021, the American Rescue Plan Act was signed into law, and
established the Coronavirus State Fiscal Recovery Fund and
Coronavirus Local Fiscal Recovery Funds, which together make up the
Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”)
program. This program is intended to provide support to State,
territorial, local, and Tribal governments in responding to the
economic and public health impacts of COVID-19 and in their efforts
to contain impacts on their communities, residents, and businesses.
On June 17, 2020, Treasury published the Compliance and Reporting
Guidance that SLFRF recipients need to comply with to fulfill their
reporting requirements. As noted in the Compliance and Reporting
Guidance, recipients are required to fulfill the first of those
reporting requirements by August 31, 2021. Treasury is currently
working on developing the reporting portal recipients will use to
transmit the necessary information. The online portal is expected
to go live around August 9, 2021, which will only provide
recipients less than a month to fulfill their reporting
obligations. Due to the need to provide guidance to recipients so
they can gather the necessary information needed to be reported
through the Treasury reporting portal once it opens or be posted in
their public website, Treasury requests emergency processing and
approval by August 6, 2021 of the Recovery Plan Performance Report,
which will contain detailed project performance data, including
information on efforts to improve equity and engage communities;
the NEU Distribution Template, the Non-UGLG Distribution Template,
which provide updates on distributions to individual NEUs and
Non-UGLGs, and the associated User Guide. Due to the need for
recipients to prepare and submit the report and template to
Treasury expeditiously, Treasury requests emergency processing and
approval of the recovery performance plan, by August 6, 2021. Given
the inability to seek public comment during such a short timeframe,
Treasury requests a waiver from the requirement to publish notice
in the Federal Register seeking public comment.
This emergency revision is to
add the Recovery Performance Plan, the NEU Distribution Templates
and the non-UGLG Templates, which will increase the burden hours by
44,650 hours.
$0
No
No
No
No
No
No
Yes
Molly Stasko 202 868-2972
molly.stasko@hq.dhs.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Request for Extension Form
Emergency Justification Memo - SLFRF Plan Report and Template_signed.pdf
1. Emergency Justification Memo - SLFRF Perf Report and NEU template.docx
Non-UGLG Distribution Templates