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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4385
<br /> records). Treasury anticipates that these example,responding to COVID-19 for a administrative convenience that SLFRF
<br /> types of records are generally retained public safety worker may entail working funds may be used for the full payroll
<br /> in many government settings;recipients in an emergency operations center to and covered benefits of public health
<br /> should also consult the Award Terms coordinate pandemic-related supply and safety staff primarily dedicated to
<br /> and Conditions for SLFRF funds for distribution,responding to an increased COVID-19 response. Several
<br /> requirements on length of record volume of 911 calls,or implementing commenters recommended that
<br /> retention. For example,a recipient COVID-19 prevention and mitigation Treasury maintain this approach
<br /> could establish a reasonable protocols in a carceral setting. throughout the program or through
<br /> presumption about the share of time Public Comment:Eligible Employees: December 31, 2024. Other commenters
<br /> that an employee, division,or operating Some commenters requested requested clarification on whether
<br /> unit is responding to COVID-19 and clarification on the types of eligible eligibility for this use of funds was tied
<br /> simply retain those employees' employees or expansion of eligible to the length of the state of emergency
<br /> electronic records as a record to support employees to include additional types or whether a jurisdiction has an active
<br /> their assessment. of staff,including in behavioral health; state of emergency.
<br /> Public Comment:Public Health and administrative,management,or Treasury Response:In the final rule,
<br /> Safety Staff Primarily Dedicated to financial management positions;social Treasury is clarifying that recipients
<br /> COVID-19 Response:Some commenters services;morgue staff;and nonprofit will be permitted to fund the full
<br /> recommended expanding the staff supporting projects to undertake payroll and covered benefits of public
<br /> administrative convenience for public eligible uses of funds under SLFRF. health and safety staff primarily
<br /> health and safety staff primarily Treasury Response:Treasury dedicated to COVID-19 response
<br /> dedicated to COVID-19 response to provided further guidance on eligible throughout the period of performance
<br /> further types of staff,to all public health types of employees following the for the SLFRF program,though
<br /> and safety staff, or to public health and interim final rule,which expressly recipients should periodically reassess
<br /> safety staff serving underserved areas. included social services and morgue their determination of primarily
<br /> Treasury Response:The interim final staff,and incorporates that guidance dedicated staff,including as the public
<br /> rule recognized that COVID-19 response into the final rule. In addition,Treasury health emergency and response evolves.
<br /> continues to require substantial staff is clarifying that public health Government Employment and Rehiring
<br /> resources and provides an "employees involved in providing public Sector Staff
<br /> administrative convenience to make it medical and other health services to
<br /> relatively simpler to identify the patients and supervisory personnel" The interim final rule permitted use
<br /> eligibility of the types of workers— includes behavioral health services as of funds for costs associated with
<br /> public health and safety workers— well as physical health services. rehiring state,local,and Tribal
<br /> generally most involved in COVID-19 Treasury also is clarifying that this government staff in order to bolster the
<br /> response.At the same time,many provision only addresses employees of government's ability to effectively
<br /> public health and safety workers the recipient government responding to administer services. Specifically,
<br /> perform roles unrelated to COVID-19; COVID-19.For discussion of eligible recipients may pay for payroll,covered
<br /> coverage of all roles would be overbroad expenses to administer SLFRF, benefits, and other costs associated with
<br /> compared to the workers responding to including eligible costs for subrecipients the recipient increasing the number of
<br /> COVID-19 in actuality. For this reason, performing eligible activities on behalf its employees up to the pre-pandemic
<br /> the final rule maintains the interim final of a recipient government, see section baseline, or the number of employees
<br /> rule's approach to permitting SLFRF Administrative Expenses in Program that the recipient government employed
<br /> funds to be used for public health and Administration Provisions. on January 27, 2020.
<br /> safety staff primarily dedicated to Finally,Treasury is clarifying that Public Comment:Many commenters
<br /> responding to COVID-19. Finally,to the indirect costs for administrative, requested greater flexibility and
<br /> extent that a greater proportion of public management, and financial management additional clarification on the
<br /> health and safety staff time is needed to personnel to support public health and provision's requirements,including the
<br /> respond to COVID-19 in safety staff responding to COVID-19 are pre-pandemic baseline and re-hiring
<br /> disproportionately impacted not permissible under this provision, process. Some commenters requested
<br /> communities,the "primarily dedicated" given the relatively greater challenge of that the final rule allow for hiring above
<br /> approach recognizes this increased differentiating the marginal increase in the pre-pandemic baseline given
<br /> need. staff time and workload due to historic underinvestment in the public
<br /> Public Comment:Eligible Types of pandemic response for indirect versus sector workforce. Commenters suggested
<br /> COVID-19 Response:Some public direct costs. a number of adjustments to the pre-
<br /> commenters also sought further Public Comment: Time Period: pandemic baseline, including adjusting
<br /> clarification on how to identify eligible Finally, some commenters made based on population or revenue growth,
<br /> types of"COVID-19 response."For recommendations on the time period while some recommended allowing
<br /> example,commenters requested during which this eligible use should be recipients to set their own hiring levels.
<br /> clarification on delineating COVID-19 available. Some commenters Others requested clarification on the
<br /> response from general public health recommended eligibility begin before definition of the baseline and the re-
<br /> response and defining COVID-19 March 3, 2021,the period when hiring process,including whether the
<br /> response for public safety employees. Treasury's interim final rule permitted pre-pandemic baseline referred to
<br /> Treasury Response:Treasury is recipients to begin to incur costs using budgeted or filled positions and
<br /> clarifying that"responding to" COVID— SLFRF funds; for discussion of this whether new hires had to fill the same
<br /> 19 entails work needed to respond to topic,see section Timeline for Use of roles as the previous hires. Commenters
<br /> the public health or negative economic SLFRF Funds in Program also asked whether recipients need to
<br /> impacts of the pandemic,apart from the Administration Provisions. As noted show if the reduction in number of
<br /> typical pre-pandemic job duties or above,Treasury also posed a question in employees was due to the pandemic in
<br /> workload of an employee in a the interim final rule asking for how order to qualify for funding and
<br /> comparable role, if one existed. For long Treasury should maintain the requested that workers dedicated to
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