Emergency Justification Memo - Title VI

DEPARTMENT OF THE TREASURY
WASHINGTON, D.C. 20220

TO:

Alex Goodenough, Office of Information and Regulatory Affairs

FROM:

Ryan Law, Deputy Assistant Secretary
Office of Privacy, Transparency, and Records

SUBJECT:

Justification for Emergency Processing: Emergency Rental Assistance
Program

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 (ERA2) information collection request.
On March 11, 2021, the President signed the American Rescue Plan Act of 2021 (the “Act”),
Pub. L. No. 117-2. Title III, Subtitle B, Section 3201 of the Act authorized the Emergency
Rental Assistance (“ERA 2”) program and provides $21.55 billion for the U.S. Department of
the Treasury (Treasury) to make payments to States (defined to include the District of
Columbia), U.S. Territories (Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands,
and American Samoa), and certain local governments with more than 200,000 residents
(collectively the “eligible grantees”) to provide financial assistance and housing stability services
to eligible households and cover the costs for other affordable rental housing and eviction
prevention activities for eligible households.
Section 3201(d)(1) requires the eligible grantees to use the funds to provide financial assistance
and housing stability services to eligible households and cover the costs for other affordable
rental housing and eviction prevention activities for eligible households. Section 3201(c)(1)
provides that not later than 60 days after March 11, 2021, the Secretary shall pay each eligible
grantee not less than 40% of each grantees’ total allocation. Treasury intends to begin making
payments as soon as possible given the urgent need for the funds being disbursed.
This emergency request is to add the Title VI Assurances which will ensure that grantees
receiving financial assistance from Treasury provide the necessary assurances that they will
comply with the requirements of Title VI of the Civil Rights Act of 1964 and Treasury’s Title VI
implementing regulations. Treasury requests emergency processing and OMB approval on
5/26/2021 for the Title VI Assurances.