View Information Collection Request (ICR) Package

Abstract: 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.

Emergency Justfication: 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 the Emergency Rental Assistance Program information collection request. On March 11, 2021, the President signed the American Rescue Plan Act of 2021 (the “Act”), Pub. L. No. 117-2. Sections 602 and 603 of the Social Security Act as added by section 9901 of the Act authorized the Coronavirus State and Local Fiscal Recovery Funds program and provide $350 billion in total funding to Treasury to make payments 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”). The eligible entities may use the funding from the Coronavirus State and Local Fiscal Recovery Funds program to: (1) respond to the COVID-19 public health emergency or its negative economic impact, including by providing assistance to households, small business, nonprofits, and impacted industries, such as tourism, travel, and hospitality; (2) 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; (3) 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 (4) make necessary investments in water, sewer, or broadband infrastructure. Sections 602(b)(6)(A) requires that, to the extent practicable, Treasury make payments to States and U.S Territories not later than 60 days after the date of receipt of the certification required under section 602(d)(1). Section 602(b)(6)(B) requires that, to the extent practicable, Treasury make payment to Tribal governments no later than 60 days after March 11, 2021 (the date the Act was enacted). To the extent practicable, Treasury is also required to make the first tranche payment to Counties, Metropolitan cities, and nonentitlement units of local government (through states) no later than 60 days after March 11, 2021 pursuant to section 603(b)(7)(A). Treasury intends to begin making payments as soon as possible given the urgent need for the funds to be disbursed. Due to the need to make payments expeditiously to Tribal governments under section 602 of the Social Security Act as added by section 9901 of the Act, Treasury requests emergency processing for the Tribal Employment Information form.

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	15,830	15,789	41
Annual Time Burden (Hours)	5,585	5,544	41
Annual Cost Burden (Dollars)	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) Program, established by Sections 602 and 603 of the Social Security Act, as added by section 9901 of the American Rescue Plan Act of 2021 (ARPA), appropriates $19.53 billion through states to tens of thousands of smaller local governments called “non-entitlement units of local government” (NEUs). The statute requires states to distribute funds to NEUs within 30 days of receiving payment from Treasury, and also directs Treasury to grant an initial 30-day extension if a state certifies an “excessive administrative burden” in writing before the end of the 30-day distribution period. It also allows a state to request further 30-day extensions by submitting a request, that, among other requirements, details a state plan that is designed to distribute funds by the deadline. Treasury can grant these extensions at the discretion of the Secretary. The Department of Treasury is submitting a request for non-material change to OMB Control Number 1505-0271 in order to streamline requests for a second 30-day extension of the distribution deadline by providing a standardized form for states/territorial governments to use. This does not constitute a new collection of information since states/territories are already permitted by the statute to request this extension in writing. The new form merely provides a simple and consistent format for them to do so, which should reduce the burden on respondents for making this request. Given the administrative challenges in distributing Treasury expects a majority of the states and territories (over 25 governments but fewer than 55 governments) to submit a request. The estimated burden is 1 hour per response.

View ICR - OIRA Conclusion