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Agenda - Council - 09/13/2022
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Agenda - Council - 09/13/2022
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Council
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09/13/2022
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and/or the presumed eligible populations to be the only eligible populations. Several commenters <br />expressed frustration about the number of eligible uses specifically enumerated in the interim <br />final rule, which they considered too few, and commenters proposed a wide range of additional <br />enumerated eligible uses (for further discussion, see the section Public Health and section <br />Negative Economic Impacts). Commenters expressed concern with pursuing uses of funds not <br />explicitly enumerated in the eligible use section or uncertainty regarding the broad flexibility <br />provided under the interim final rule to pursue additional programs that respond to the public <br />health or negative economic impacts of the pandemic or the process for doing so. <br />Treasury Response: Treasury recognizes that many commenters felt the structure of the <br />interim final rule could be clarified. These comments are consistent with many of the questions <br />that Treasury has received from recipients, which requested clarification regarding the category <br />their desired response fits into. Treasury observes that these comments and questions generally <br />fall into four categories: 1) how to identify the correct public health or negative economic impact <br />category for a particular response, 2) how to identify whether a particular use is eligible, 3) how <br />to identify an impacted or disproportionately impacted class, and 4) whether an enumerated use <br />can be provided to a class other than those presumed impacted or disproportionately impacted. In <br />response to comments, Treasury is adjusting the structure of the public health and negative <br />economic impacts eligible use section of the final rule to improve clarity and make it easier for <br />recipients to interpret and apply the final rule. <br />Specifically, Treasury is restructuring the rule to aid recipients in determining whether a <br />particular response is eligible and how the particular response might be eligible under a <br />particular category. This restructuring reinforces the fundamental criteria that a use of funds is <br />eligible based on its responsiveness to a public health or negative economic impact experienced <br />19 <br />
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