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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 State and Local Fiscal Recovery Funds (SLFRF) program’s Compliance and Reporting Guidance, 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 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 November 15, 2021, Treasury published updated Compliance and Reporting Guidance that SLFRF recipients need to comply with to fulfill their reporting requirements. On January 6, 2022, Treasury released the SLFRF final rule. The final rule was published on the Federal Register on January 27, 2022. The final rule delivered broader flexibility and greater simplicity in the program. Following the final rule, Treasury updated the Compliance and Reporting Guidance to address the expanded eligible uses articulated in the final rule. On December 29, 2022, Congress amended the SLFRF program in the Consolidated Appropriations Act, 2023. These amendments added three new eligible use categories to the SLFRF program. On August 9, 2023, Treasury submitted an interim final rule implementing these three new eligible uses to the Federal Register, and on August 10, 2023 Treasury released the interim final rule on its website. Due to the changes introduced by the interim final rule, a series of updates to the Compliance and Reporting Guidance are required. The revisions incorporate updates to the information to be provided in the Project and Expenditure Report and Recovery Plan Performance Report submissions regarding these three new eligible use categories. Treasury needs to start working on updating the reporting portal recipients will use to transmit the necessary information under the interim final rule. The online portal is expected to go live around October 1, 2023. However, Treasury will need to provide final development requirements to our information technology providers as soon as possible, to properly incorporate the changes from the interim final rule. In addition, Treasury will need to provide guidance to recipients ahead of the portal launch date so that they can start gathering the necessary information needed to be reported. As a result of these needs, Treasury requests emergency processing and approval by September 22, 2023 of the updated Compliance and Reporting Guidance. 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.

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