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funding is provided to individuals or entities that did not themselves experience a negative <br />economic impact during the pandemic. <br />Treasury Response: The final rule maintains the standard articulated in the interim final <br />rule. For clarity, the final rule re -articulates that when assessing whether a program or service is <br />an eligible use to respond to the negative economic impacts of the COVID-19 public health <br />emergency, Treasury will consider the two eligibility requirements discussed below. <br />First, there must be a negative economic impact, or an economic harm, experienced by an <br />individual or a class. The recipient should assess whether, and the extent to which, there has been <br />an economic harm, such as loss of earnings or revenue, that resulted from the COVID-19 public <br />health emergency. A recipient should first consider whether an economic harm exists and then <br />whether this harm was caused or made worse by the COVID-19 public health emergency. This <br />approach is consistent with the text of the statute, which provides that funds in this category must <br />be used to "respond to the public health emergency with respect to... its negative economic <br />impacts." <br />While economic impacts may either be immediate or delayed, individuals or classes that <br />did not experience a negative economic impact from the public health emergency would not be <br />eligible beneficiaries under this category. As noted above, the interim final rule permitted <br />recipients to presume that households that experienced unemployment, increased food or housing <br />insecurity, or are low- or moderate -income experienced a negative economic impact from the <br />pandemic. For discussion of the final rule's approach to this presumption, see section <br />Populations Presumed Eligible. <br />The final rule also maintains several provisions included in the interim final rule and <br />subsequent guidance that are intended to ease administration of identifying that the beneficiary <br />24 <br />