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4348 Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations
<br /> disproportionate, or meaningfully more communities disproportionately administration that can significantly
<br /> severe,impact from the pandemic.As impacted by the pandemic, in addition ease administrative burden on both
<br /> discussed in the interim final rule,pre- to those presumed to be program administrators and
<br /> existing disparities in health and disproportionately impacted. beneficiaries.
<br /> economic outcomes magnified the Additionally,Tribal and territorial Treasury Response:Treasury agrees
<br /> impact of the COVID-19 public health governments may face both that allowing recipients to identify
<br /> emergency on certain households and disproportionate impacts of the impacted and disproportionately
<br /> communities. As with the interim final pandemic and administrability impacted beneficiaries based on their
<br /> rule,under the final rule recipients may challenges with operationalizing the eligibility for other programs with
<br /> presume that households residing in income-based standard;therefore, similar income tests would ease
<br /> QCTs or receiving services provided by Treasury has presumed that services administrative burden. To the extent
<br /> Tribal governments were provided by these governments respond that the other program's eligibility
<br /> disproportionately impacted by the to disproportionate pandemic impacts. criteria align with a population or class
<br /> pandemic.In addition,under the final Given a lack of regularly published data that experienced a negative economic
<br /> rule recipients may presume that low- on household incomes in most impact of the pandemic,this approach
<br /> income households were territories, as well as a lack of poverty is also consistent with the process
<br /> disproportionately impacted by the guidelines developed for these allowed under the final rule for
<br /> pandemic.Finally,under the final rule jurisdictions,33 it may be highly recipients to determine that a class has
<br /> recipients may also presume that challenging to assess disproportionate experienced a negative economic
<br /> households residing in the U.S. impact in these communities according impact, and then document that an
<br /> territories or receiving services from to an income-or poverty-based individual receiving services is a
<br /> territorial governments were standard. Similarly, data on incomes in member of the class.For these reasons,
<br /> disproportionately impacted. Tribal communities are not readily the final rule recognizes categorical
<br /> Treasury notes that households available. Finally,as described in the eligibility for the following programs
<br /> presumed to be disproportionately sections on Public Health and Negative and populations:
<br /> impacted would also be presumptively Economic Impacts,Tribal communities . Impacted households. Treasury will
<br /> impacted,as these households have not have faced particularly severe health recognize a household as impacted if it
<br /> only experienced pandemic impacts but and economic impacts of the pandemic. otherwise qualifies for any of the
<br /> have experienced disproportionate Similarly,available research suggests following programs:
<br /> pandemic impacts; as a result,these that preexisting health and economic o Children's Health Insurance
<br /> households are presumptively eligible disparities in the territories amplified program (CHIP)
<br /> for responsive services for both the impact of the pandemic on these
<br /> impacted and disproportionately communities.35 O Childcare Subsidies through the
<br /> impacted households. Child Care and Development Fund
<br /> Many different geographic,income- Categorical Eligibility (CCDF)Program
<br /> based, or poverty-based presumptions Public Comment:Several commenters O Medicaid
<br /> could be used to designate suggested that the final rule permit O National Housing Trust Fund
<br /> disproportionately impacted recipients to rely on a beneficiary's (HTF),for affordable housing programs
<br /> populations. The combination of eligibility for other federal benefits only
<br /> permitting recipients to use QCTs,low- programs as an easily administrable O Home Investment Partnerships
<br /> income households, and services proxy for identifying a group or Program (HOME),for affordable housing
<br /> provided by Tribal or territorial population that experienced a negative programs only
<br /> governments as presumptions balances economic impact as a result of the . Disproportionately impacted
<br /> these varying methods. Specifically, COVID-19 public health emergency households.Treasury will recognize a
<br /> QCTs are a commonly used designation (i.e.,categorical eligibility). In other household as disproportionately
<br /> of geographic areas based on low words, a recipient would determine that impacted if it otherwise qualifies for any
<br /> incomes or high poverty rates of individuals or households are eligible of the following programs:
<br /> households in the community; for for an SLFRF-funded program based on o Temporary Assistance for Needy
<br /> recipients providing geographically the individual or household's eligibility Families (TANF)
<br /> targeted services, QCTs may provide a in another program,typically another O Supplemental Nutrition Assistance
<br /> simple metric with readily available federal benefit program. Commenters Program (SNAP)
<br /> maps for use.However,Treasury noted that categorical eligibility is a o Free and Reduced-Price Lunch
<br /> recognizes that QCTs do not capture all common policy in program (NSLP) and/or School Breakfast(SBP)
<br /> underserved populations,including for programs
<br /> reasons noted by commenters. By 32 For instance,the American Community Survey o Medicare Part D Low-income
<br /> allowing recipients to also presume that does not include all territories.U.S.Census Bureau,
<br /> low-income households were Areas Published,https://www.census.govl Subsidies
<br /> disproportionately impacted,the final
<br /> program s-surveys/acs/geography-acs/areas- O Supplemental Security Income
<br /> published.html(last visited November 9,2021). (SSI)
<br /> rule provides greater flexibility to serve 33 U.S.Department of Health and Human
<br /> underserved households or Services,supra note 24. � Head Start and/or Early Head Start
<br /> communities. Data on household 34 For instance,data from the American Special Supplemental Nutrition
<br /> incomes is also readily available at Community Survey is based on geographical Program for Women,Infants,and
<br /> varying levels ofgeographic ranularit location rather than Tribal membership.U.S. Children (WIC)
<br /> y g granularity Census Bureau,My Tribal Area,https:// O Section 8 Vouchers
<br /> (e.g., Census Tracts, counties),again www.census.gov/Tribal/Tribal—glossary.php.
<br /> permitting flexibility to adapt to local 35 Lina Stoylar et.al.,Challenges in the U.S. Low-Income Home Energy
<br /> circumstances and needs. Finally, Territories:COVID-19 and the Medicaid Financing Assistance Program(LIHEAP)
<br /> Treasury notes that,as discussed further Cliff,Kaiser Family Foundation(May 18,2021), o Pell Grants
<br /> https://www.kff.org/coronavi.rus-covid-1 91issue- o For services to address educational
<br /> below,recipients may also identify brief/challenges-in-the-u-s-territories-covid-19-and-
<br /> other households,populations,and the-medicaid financing-cliff/. disparities,Treasury will recognize Title
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