Agenda - Council Work Session - 03/08/2022

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Federal Register/Vol. 87, No. 18/Thursday, January 27, 2022/Rules and Regulations 4353 public health data systems; other public uses that can adapt to local needs,as in CDC guidance for stopping the spread health responses; and capital well as evolving response needs and of COVID-19 is not a permissible use of investments in public facilities to meet developments in understanding of funds.In other words,recipients may pandemic operational needs,such as transmission of COVID-19. Treasury not use funds for a program that physical plant improvements to public emphasizes how the enumerated undermines practices included in the hospitals and health clinics or eligible uses can adapt to changing CDC's guidelines and recommendations adaptations to public buildings to circumstances.For example,when the for stopping the spread of COVID-19. implement COVID-19 mitigation tactics. interim final rule was released,national This includes programs that impose a These enumerated uses are consistent daily COVID-19 cases were at relatively condition to discourage compliance with guidance from public health low levels and declining;69 as the Delta with practices in line with CDC authorities,including the CDC. variant spread and cases peaked in guidance (e.g.,paying off fines to Public Comment:Many commenters many areas of the country,particularly businesses incurred for violation of were supportive of expansive those with low vaccination rates, COVID-19 vaccination or safety enumerated eligible uses for mitigating government response needs and tactics requirements), as well as programs that and preventing COVID-19,noting the evolved,and the SURF funds provided require households,businesses, wide range of activities that the ability to quickly and nimbly adapt nonprofits,or other entities not to use governments may undertake and the to new public health needs. Treasury practices in line with CDC guidance as continued changing landscape of also notes that funds may be used to a condition of receiving funds (e.g., pandemic response. Some commenters support compliance with and requiring that businesses abstain from requested that Treasury engage in implementation of COVID-19 safety requiring mask use or employee ongoing consideration of and requirements,including vaccination vaccination as a condition of receiving consultation on evolving public health requirements,testing programs, or other SURF funds). needs and resulting eligible expenses. required practices. Vaccination programs and vaccine Some commenters noted that their Recipient governments do not need to incentives.At the time of the interim jurisdiction does not have an official have an official health or public health final rule release,many vaccination public health program,for example program in order to utilize these eligible programs were using mass vaccination smaller jurisdictions or those that do not uses;any recipient can pursue these tactics to rapidly reach Americans en have a health department,and requested eligible uses,though Treasury masse for first vaccine doses.72 Since clarification on whether their public recommends consulting with health and that time,the FDA has authorized health expenses would still be eligible public health professionals to support booster vaccine doses for certain groups in compliance with program rules. effective implementation. and certain vaccines and has also Treasury Response:In the final rule, The CDC has provided authorized vaccines for youths 73 74 The Treasury is maintaining an expansive recommendations and guidelines to inclusion of"vaccination programs" as list of enumerated eligible uses to help mitigate and prevent COVID-19. an eligible use allows for adaptation as mitigate and prevent COVID-19,given The interim final rule and final rule the needs of programs change or new the wide-ranging activities that help support recipients in stopping the groups become eligible for different governments may take to further these spread of COVID-19 through these types of vaccinations. goals,including other public health recommendations and guidelines.70 The Public Comment:Since the release of responses."Note that the final rule final rule reflects changing the interim final rule,many recipient discusses several of these enumerated circumstances of COVID-19 and governments have also requested uses in more detail below. provides a broad range of permissible clarification on whether vaccine Treasury is further clarifying that uses for mitigating and preventing the incentives are a permissible use of when providing COVID-19 prevention spread of the disease,in a manner funds. and mitigation services,recipients can Treasury Response:Treasury issued g p consistent with CDC guidelines and y P y identify the impacted population as the recommendations. guidance clarifying that"[vaccine] general public.Treasury presumes that The purpose of the SURF funds is to programs that provide incentives all enumerated eligible uses for mitigate the fiscal effects stemming from reasonably expected to increase the programs and services,including the COVID-19 public health emergency, number of people who choose to get COVID-19 mitigation and prevention including by supporting efforts to stop vaccinated,or that motivate people to programs and services,are reasonably the spread of the virus.The interim final get vaccinated sooner than they proportional responses to the harm rule and final rule implement this otherwise would have,are an allowable identified unless a response is grossly objective by,in part,providing that disproportionate to the type or extent of 72 recipients may use SURF funds for Centers for Disease Control and Prevention,harm experienced.Note that capital COVID-19 mitigation and revention.71 COVID Data Tracker:COVID-19 Vaccinations in the expenditures are not considered g P United States,https://covid.cdc.gov/covid-data- A program or service that imposes tracker/#vaccinations(last visited October 18, "programs and services" and are not conditions on participation in or 2021). presumed to be reasonably proportional 73 U.S.Food and Drug Administration, acceptance of the service that would Coronavirus(COVID-19)Update:FDA Takes responses to an identified harm except undermine efforts to stop the spread of Additional Actions on the Use of a Booster Dose for as provided in section Capital COVID-19 or discourage compliance COVID-19 Vaccines,https://www.fda.govinews- Expenditures in General Provisions: with recommendations and guidelines even ts/press-announcements/fda-authorizes-pfizer- Other. In other words,recipients can bion tech-covid-19-vaccine-emergency-use-children- rovide COVID-19 tion or 5-through-11-years-age(last visited November 8, p an y p prevention 69 See Centers for Disease Control and Prevention, 2021). mitigation service to members of the COVID Data Tracker,https://covid.cdc.gov/covid- 74 U.S.Food and Drug Administration,FDA general public without any further December 7,2021).data-tracker/#trends_dailycases(last visited Authorizes Pfizer-BioNTech COVID-19 Vaccine for analysis of impacts of the pandemic on Emergency Use in Children 5 through 11 Years of those individuals and whether the 70 See Centers for Disease Control and Prevention, Age,https://www.fda.govinews-eventslpress- service https://www.cdc.govlcoronavirusl2019- announcements/fda-authorizes-pfizer-biontech- service is responsive. ncov/index.html(last visited November 8,2021). covid-19-vaccine-emergency-use-children-5- This approach gives recipient 71 See§35.6(b);Coronavirus State and Local through-1 1-years-age(last visited November 8, governments an extensive set of eligible Fiscal Recovery Funds,86 FR at 26786. 2021).