Emergency Memo

1400 Independence Ave., SW
Room 2055-S STOP 0201
Washington, D.C. 20250-0201

TO:

Dominic Mancini
Deputy Director
Office of Management and Budget

THROUGH:

Levi S. Harrell
Departmental Clearance Officer
Office of the Chief Information
Officer

FROM:

Erin Morris
Associate Administrator
Agricultural Marketing Service

SUBJECT:

Request for Emergency Approval of New Information Collection under a
New Program for Dairy Donations

ERIN MORRIS

Digitally signed by ERIN MORRIS
Date: 2021.08.09 09:27:50 -04'00'

The Agricultural Marketing Service (AMS) is requesting emergency clearance and review
through 5 CFR 1320.13 for a new information collection for the Dairy Donation Program. This
information collection is a result of the Consolidated Appropriations Act of 2021, Section 762
(Public Law 116-260), which directs the U.S. Department of Agriculture (USDA) to establish a
program to reimburse dairy organizations for donated dairy products to non-profit organizations
for distribution to recipient individuals and families. The Interim Final Rule outlines the
provisions of the new Dairy Donation Program (DDP), codified at 7 CFR part 1147, including
the process entities must undergo to participate and receive reimbursement. Program provisions
are intended to encourage the donation of dairy products and to prevent and minimize food
waste.
AMS will publish an Interim Final Rule (IFR) in August 2021. The Rule will be effective oneday following publication and there is a 60-day comment period on the information collection
portion. The Program was part of a package of programs authorized in COVID relief legislation
and Congress instructed the Program be implemented within 60 days of enactment of the bill,
December 27, 2020. Multiple industry stakeholders and lawmakers have urged AMS to begin
approving Plans and issuing reimbursements for donated dairy products to address widespread
waste of U.S. milk due to the ongoing COVID-19 pandemic and the excess milk supply that
typically occurs during spring flush season. Approving Plans and issuing reimbursements are
crucial to incentivizing excess milk to be processed into dairy products for donation rather than
being dumped. Eligible dairy organizations can submit Plans to AMS to be approved or
disapproved within 15 business days of receipt. Any time after Plan approval, entities can
submit Claim Forms to receive reimbursement for donated products.
There are forms associated with this IFR to be approved by the Office of Management and
Budget. The collection of information through these forms submitted by eligible dairy
organizations will enable AMS to calculate the appropriate reimbursement value, as well as
perform its compliance and oversight responsibilities.
AMS will comply with information collection and recordkeeping requirements by submitting
this action to OMB for emergency review and approval while the forms receive OMB's approval
for a six-month period. AMS believes this emergency clearance request should be granted since

the agency will not be able to reasonably comply with the normal clearance procedures under
the PRA because the use of normal clearance procedures is reasonably likely to prevent or
disrupt the collection of information that is necessary to administer the DDP. If the emergency
clearance is not granted, it is reasonably likely that excess milk will not be processed into
donated dairy products and that reimbursement for eligible dairy organizations will be delayed.
In compliance with OMB regulations (6 CFR 1320), which implemented the Paperwork
Reduction Act of 1995 (Pub. L. 104-13), AMS will submit a 60-day notice on this information
collection to the Federal Register for publication and public comment.
Attached are the OMB-83-I, the Supporting Statement, and AMS-71.
Attachments