Coronavirus State and Local
Fiscal Recovery Funds Program
Revision of a currently approved collection
No
Emergency
09/22/2023
09/20/2023
Requested
Previously Approved
6 Months From Approved
12/31/2023
78,980
78,980
269,235
269,235
0
0
Sections 602 and 603 of the Social
Security Act as added by section 9901 of the American Rescue Plan
Act of 2021 (the “Act”), Pub. L. No. 117-2 (Mar. 11, 2021)
authorizes the Coronavirus State Fiscal Recovery Fund (CSFRF) and
Coronavirus Local Fiscal Recovery Fund (CLFRF) respectively
(referred to as the “Coronavirus State and Local Fiscal Recovery
Funds” or “SLFRF”), which provides $350 billion in total funding to
Treasury to make payments generally 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”)
to respond to the COVID-19 public health emergency or its negative
economic impact, including provide assistance to households, small
business, nonprofits, and impacted industries, such as tourism,
travel, and hospitality; 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; 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 make necessary
investments in water, sewer, or broadband infrastructure. Section
602(b) of the Act prescribes that $219.8 billion must be allocated
as follows: (1) $4.5 billion reserved for making payments to the
U.S. Territories; (2) $20 billion reserved for making payments to
Tribal governments; and (3) $195.3 billion reserved for making
payments to the 50 States and the District of Columbia. Section
603(b) of the Act prescribes that $130.2 billion must be allocated
as follows: (1) $45.57 billion reserved for making payments to
Metropolitan cities; (2) $19.53 billion reserved for making
payments to States for distribution to Nonentitlement units of
local government; and (3) $65.1 billion reserved for making
payments to Counties. A unit of general local government that has
formed a consolidated government or is geographically (in full or
in part) within the boundaries of another unit of general local
government may receive a distribution from the funds reserved for
making payment to a metropolitan city, nonentitlement unit of local
government or county, as applicable based on the respective formula
for such allocation to a metropolitan city, nonentitlement unit of
local government or county. Section 602(b)(6)(A)(i) provides that
Treasury shall make payments to States and U.S. Territories no
later than 60 days after receipt of the required certification.
Payments to tribal governments are to be distributed no later than
60 days after March 11, 2021 pursuant to section 602(b)(6)(B).
Section 603(b)(7)(A) provides that Treasury shall make the first
tranche of payments to metropolitan cities, counties, and States
for distribution to nonentitlement units of local government no
later than 60 days after March 11, 2021.
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 State and Local Fiscal Recovery Funds
(SLFRF) program’s Compliance and Reporting Guidance, revising OMB
Control Number 1505-0271. On March 11, 2021, the American Rescue
Plan Act was signed into law, and established the Coronavirus State
Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Funds,
which together make up the SLFRF program. This program is intended
to provide support to State, territorial, local, and Tribal
governments in responding to the economic and public health impacts
of COVID-19 and in their efforts to contain impacts on their
communities, residents, and businesses. On November 15, 2021,
Treasury published updated Compliance and Reporting Guidance that
SLFRF recipients need to comply with to fulfill their reporting
requirements. On January 6, 2022, Treasury released the SLFRF final
rule. The final rule was published on the Federal Register on
January 27, 2022. The final rule delivered broader flexibility and
greater simplicity in the program. Following the final rule,
Treasury updated the Compliance and Reporting Guidance to address
the expanded eligible uses articulated in the final rule. On
December 29, 2022, Congress amended the SLFRF program in the
Consolidated Appropriations Act, 2023. These amendments added three
new eligible use categories to the SLFRF program. On August 9,
2023, Treasury submitted an interim final rule implementing these
three new eligible uses to the Federal Register, and on August 10,
2023 Treasury released the interim final rule on its website. Due
to the changes introduced by the interim final rule, a series of
updates to the Compliance and Reporting Guidance are required. The
revisions incorporate updates to the information to be provided in
the Project and Expenditure Report and Recovery Plan Performance
Report submissions regarding these three new eligible use
categories. Treasury needs to start working on updating the
reporting portal recipients will use to transmit the necessary
information under the interim final rule. The online portal is
expected to go live around October 1, 2023. However, Treasury will
need to provide final development requirements to our information
technology providers as soon as possible, to properly incorporate
the changes from the interim final rule. In addition, Treasury will
need to provide guidance to recipients ahead of the portal launch
date so that they can start gathering the necessary information
needed to be reported. As a result of these needs, Treasury
requests emergency processing and approval by September 22, 2023 of
the updated Compliance and Reporting Guidance. Given the inability
to seek public comment during such a short timeframe, Treasury
requests a waiver from the requirement to publish notice in the
Federal Register seeking public comment.
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.
Local Government Transfer Form
Emergency Justification Memo-SLFRF Reporting Guidance FOR OIRA_IFR.docx
Project and Expenditure Report - Annually