Attachment F Justification Memo for Emergency Information Collection Clearance

Food and Nutrition
Service
1320 Braddock Place
Alexandria, VA
22314

MEMORANDUM
TO:

James Crowe
Desk Officer
Office of Information and Regulatory Affairs, OMB

THROUGH:
Melissa Abelev
Assistant Deputy Administrator
Ruth Brown
Office of the Chief Information Officer, United States Department of Agriculture
FROM:
Pamilyn Miller
Administrator
RE: Emergency Approval of New Information Collection for Implementation of the
Families First Coronavirus Response Act of 2020
The Food and Nutrition Service (FNS) of the United States Department of Agriculture
(USDA) is requesting emergency approval under the Paperwork Reduction Act (PRA) to
collect information associated with implementation of the Families First Coronavirus
Response Act of 2020. The Families First Coronavirus Response Act of 2020, enacted on
March 18, 2020, authorizes the Secretary of Agriculture to approve a number of program
adjustments while requiring evaluation data from states that elect to use the adjustments
via program waivers.
OMB has established regulations for the emergency processing of information collection
requests (ICR) at 5 CFR 1320.13 [1]. OMB can authorize Emergency Clearance for an
information collection, for up to 6 months.
The Food and Nutrition Service is requesting emergency Clearance for an information
collection related to the COVID-19 Public Health Emergency and information needed to
help distribution nutrition assistance and meet reporting requirements set forth in the
Families First Coronavirus Response Act and related activities. FNS can attest that the
collection of information is:
• Needed sooner than OMB clearance can be granted under normal procedures;
•

Essential to the mission of the agency; and

The agency cannot reasonably comply with normal clearance procedures because:
• Public harm is reasonably likely to result if normal clearance procedures are followed;
•

An unanticipated event has occurred; and

5 CFR 1320.13(f) states that OMB will issue clearance for a maximum of 90 days. However, this
provision was revised by P.L. 104-106, Sec. 5605, in 1996. The revision increased the maximum
clearance to 180 days or 6 months.

[1]

Page 2
•

The use of normal clearance procedures is reasonably likely to prevent or disrupt the
collection of information or is reasonably likely to cause a statutory or court ordered
deadline to be missed.

The nutrition assistance is needed immediately due to the Public Health
Emergency. Waiting for the normal clearance process to take place would put emergency
nutrition assistance at risk for millions of Americans needing the assistance.

MELISSA ABELEV

Digitally signed by MELISSA ABELEV
Date: 2020.04.30 14:50:54 -04'00'

Program Area Senior Executive or Representative

PAMILYN MILLER

Digitally signed by PAMILYN MILLER
Date: 2020.05.01 00:40:34 -04'00'

Pamilyn Miller, Administrator

USDA is an Equal Opportunity Provider, Employer and Lender