Agenda - Council Work Session - 03/08/2022

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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4437 200.102 of the Uniform Guidance to and Tribal governments were required form of reporting(e.g., example issue waivers of this requirement on to submit one interim report and templates,machine readability); request of the relevant awarding agency. quarterly Project and Expenditure comments on these topics are outside Analogous requirements and waiver reports thereafter.Non-entitlement units the scope of the final rule and, as noted, authorities may be present in other of local government were not required are addressed instead in Compliance regulations. If a recipient seeks to use to submit an interim report. States, and Reporting Guidance. SLFRF funds to satisfy match or cost- territories, and metropolitan cities and Reporting Deadlines share requirements for a federal grant counties with a population greater than program,it should first confirm with the 250,000 residents were also required to Public Comment:Treasury received relevant awarding agency that no waiver submit an annual Recovery Plan comments requesting various changes to has been granted for that program,that Performance report to Treasury. The reporting deadlines to ease compliance no other circumstances enumerated Supplementary Information of the burdens. For example,Treasury under 2 CFR 200.306(b)would limit the interim final rule provided guidance on received several comments requesting use of SLFRF funds to meet the match the deadlines and content required for that Treasury delay early reporting or cost-share requirement, and that there each type of report. deadlines for various reasons,including is no other statutory or regulatory Public Comment:Treasury received to align with the timeline for issuing a impediment to using the SLFRF funds many comments on the content and final rule and to allow for more time for for the match or cost-share requirement. specific data elements required of recipients to determine SLFRF Note that SLFRF funds may not be used program reporting. Some commenters allocations. Commenters also requested as the non-federal share for purposes of expressed enthusiasm for including changes to the immediacy of reporting, a state's Medicaid and CHIP programs particular details in reporting to for example requesting that Treasury because the Office of Management and promote transparency. Other allow expenses to be reported with a lag Budget has approved a waiver as commenters requested that Treasury instead of the quarter in which they requested by the Centers for Medicare& streamline reporting requirements to were accrued or that reports be due 90 Medicaid Services pursuant to 2 CFR avoid imposing undue administrative days after period close instead of 30 200.102 of the Uniform Guidance and burdens and compliance costs.Many days after the close of a reporting related regulations. commenters requested further period. Some commenters requested SLFRF funds beyond those that are clarification on or amendments to changes to the reporting frequency,for available under sections 602(c)(1)(C) or particular elements of reporting content. example to report biannually rather than 603(c)(1)(C) of the Social Security Act Some commenters requested that quarterly. for the provision of government services reports and specific reporting elements Treasury Response:Treasury has may not be used to meet the non-federal be public,including a request for a clarified reporting deadlines in the match or cost-share requirements of public website with a number of Compliance and Reporting guidance.383 other federal programs other than as programmatic data metrics about the use Treasury is retaining the reporting specifically provided for by statute. For of SLFRF funds. Some commenters deadline of 30 days after the close of the example,as discussed in other sections sought clarification and guidance for reporting period to ensure timely of this final rule, section 40909 of the using the reporting portal,which allows accounting of the use of SLFRF funds; Infrastructure Investment and Jobs Act recipients to upload the required this timeline also aligns with practices provides that SLFRF funds may be used information, or requested user in many other federal programs. The to meet the non-federal match modifications to the portal.Finally, final rule maintains Treasury's requirements of any authorized Bureau some commenters requested that discretion to extend or delay reporting of Reclamation project,and section Treasury provide example materials and deadlines. 60102 of the Infrastructure Investment reporting metrics to aid recipient and Jobs Act provides that the SLFRF understanding. Administrative Costs for Reporting and may be used to meet the non-federal Treasury Response:Since the Compliance match requirements of the broadband publication of the interim final rule, Public Comment:Many commenters infrastructure program authorized under Treasury issued supplementary sought clarification about whether that section(see sections Water and reporting guidance in the Compliance various administrative costs related to Sewer Infrastructure and Broadband and Reporting Guidance and in the User reporting and compliance were eligible Infrastructure). Guide: Treasury's Portal for Recipient uses of funds and asked for clarification Reporting (User Guide).382 Treasury has on the limits of such use. H.Reporting addressed many of these comments in Treasury Response:Treasury notes The interim final rule established the Compliance and Reporting Guidance that administrative costs are generally Treasury's authority to collect and User Guide and will continue to allowable uses of SLFRF funds, information from recipients through issue updated guidance prior to each including for reporting. For additional requested reports and any additional reporting period clarifying any information on administrative expenses, requests for information. The interim modifications to requested report please see section Administrative final rule also provided Treasury content. Treasury notes that the interim Expenses under Program flexibility to extend or accelerate final rule did not address the specific Administration Provisions. reporting deadlines and to modify content and data elements required in requested content for the Interim reporting,the reporting portal or Uniform Guidance Report,Project and Expenditure reports, submission process,and the specific Public Comment:The SUPPLEMENTARY and Recovery Plan Performance reports. INFORMATION of the interim final rule The SUPPLEMENTARY INFORMATION of 382 U.S.Department of the Treasury,Recipient clarified that SLFRF funds were the interim final rule provided initial Compliance and Reporting Responsibilities,as of generally subject to the provisions of the guidance on the reporting requirements November 5,2021;https://home.treasury.govl Uniform Administrative Requirements, for the SLFRF funds. States (defined to policy-issues/coronavirus/assistance for-state-local- Cost Principles, and Audit and-tribal-governments/state-and-local fiscal- include the District of Columbia), recovery funds/recipient-compliance-and-reporting- territories,metropolitan cities, counties, responsibilities. 383Id.