Emergency Justification Memo

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: Coronavirus State and Local Fiscal
Recovery Funds 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 information collection request.
On March 11, 2021, the President signed the American Rescue Plan Act of 2021 (the “Act”),
Pub. L. No. 117-2. Sections 602 and 603 of the Social Security Act as added by section 9901 of
the Act authorized the Coronavirus State and Local Fiscal Recovery Funds program and provide
$350 billion in total funding to Treasury to make payments 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”). The eligible entities may use the funding from the
Coronavirus State and Local Fiscal Recovery Funds program to: (1) respond to the COVID-19
public health emergency or its negative economic impact, including by providing assistance to
households, small business, nonprofits, and impacted industries, such as tourism, travel, and
hospitality; (2) 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; (3) 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 (4) make necessary investments in water, sewer, or broadband
infrastructure.
Sections 602(b)(6)(A) requires that, to the extent practicable, Treasury make payments to States
and U.S Territories not later than 60 days after the date of receipt of the certification required
under section 602(d)(1). Section 602(b)(6)(B) requires that, to the extent practicable, Treasury
make payment to Tribal governments no later than 60 days after March 11, 2021 (the date the
Act was enacted). To the extent practicable, Treasury is also required to make the first tranche
payment to Counties, Metropolitan cities, and nonentitlement units of local government (through
states) no later than 60 days after March 11, 2021 pursuant to section 603(b)(7)(A). Treasury
intends to begin making payments as soon as possible given the urgent need for the funds to be
disbursed.
Due to the need to make payments expeditiously to Tribal governments under section 602 of the
Social Security Act as added by section 9901 of the Act, Treasury requests emergency
processing for the Tribal Employment Information form.