SBA received funds under the American
Rescue Plan Act of 2021 (ARP Act), Pub. L. 117-2, title V, sec.
5003 (March 11, 2021), to provide direct funds to Eating and
Drinking establishments that meet certain conditions. Specifically,
Section 5003 of the ARP Act establishes the Restaurant
Revitalization Fund (RRF) program to provide direct funds of up to
$10 million dollars and limited to $5 million dollars per location
to certain eligible persons or entities: a restaurant, food stand,
food truck, food cart, caterer, saloon, inn, tavern, bar, lounge,
brewpub, tasting room, taproom, licensed facility or premise of a
beverage alcohol producer where the public may taste, sample, or
purchase products, or other similar place of business in which the
public or patrons assemble for the primary purpose of being served
food or drink. Section 5003(c)(6) of the ARP Act requires
recipients to return to the Treasury any funds that the recipient
did not use for allowable expenses by the end of the covered
period, or if the recipient permanently ceased operations, not
later than March 11, 2023. T
September 24, 2021 Susan
Minson SBA Desk Officer Office of Management and Budget Dear Ms.
Minson: Pursuant to the Office of Management and Budget (OMB)
procedures established at 5 CFR 1320, SBA requests OMB review of
this new collection of information that is required for recipients
of the Restaurant Revitalization Fund (RRF) to close out their
reporting requirements to SBA. Section 5003(c)(6) of the ARP Act
requires recipients to return to the Treasury any funds that the
recipient did not use for allowable expenses by the end of the
covered period, or if the recipient permanently ceased operations,
not later than March 11, 2023. To address the requirement in
Section 5003(c)(6) of the ARP Act, SBA requires RRF recipients to
submit post award reports to confirm that funds are used fully and
in accordance with program requirements. Many recipients have used
fully all RRF funds and are awaiting instructions on providing the
post award report. Some recipients have not been able to sell or
transfer their businesses out of concern that they will be forced
to return funds to the Treasury because they have not submitted the
report prior to the business transfer. SBA receives many urgent
requests from RRF recipient business owners to provide the method
by which they can report, with some business owners stating the
buyer is unwilling to consummate the transaction due to potential
liability, thereby resulting in public harm. Further, the use of
normal clearance procedures is reasonably likely to prevent or
disrupt the collection of information required in Section
5003(c)(6) because recipients may proceed to close or sell the
business without making the required report because SBA has not
provided a method to report. For the reasons stated above, SBA is
requesting emergency processing, including a request for waiver of
the requirement to publish the 60-day and 30-day public comment
notices in the Federal Register. In order to facilitate these
reporting requirements, SBA has created SBA Form 3173, ?Restaurant
Revitalization Fund Program Post Award Report.? The form creates
the method by which recipients may report the full use of the funds
and the eligible expense categories for which the funds were used.
This is the basis for SBA?s request for emergency review of this
information collection. SBA requests approval of this form by
September 29, 2021. If this request for emergency processing is
approved, SBA will subsequently take the necessary steps to comply
with the notice requirements. SBA appreciates your prompt attention
to this matter and looks forward to receiving your emergency
approval. Sincerely, Dianna L. Seaborn Dianna L. Seaborn Director
Office of Financial Assistance
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form SBA Form 3173 Restaurant Revitalization Fund Program Post Award Report,
3245-RR Post Award ARPA RRF Statute (003) 9-27-2021.pdf
3245-RR Post Award Emergency Justification RRF Post Award (FINAL) 9-27-2021.docx
Restaurant Revitalization Fund Program Post Award Report,