TFG Coronavirus Update - January 20, 2022

Coronavirus Update

January 20, 2022

Information and resources on federal responses to the coronavirus crisis for state, local, and regional government.

Top News

The White House and the United States Postal Service finalized plans to begin shipping coronavirus test kits to U.S. households. On Tuesday, the Biden administration launched the program’s website a day early, taking orders for the free program for all Americans. Every home in the U.S. is eligible to order 4 free at-⁠home COVID-⁠19 tests with orders being shipped in 7-12 days. The White House says priority will be given to ZIP codes with the highest COVID-19 cases and deaths, shipping the first 20% of each day’s orders to those areas. Over 60 million people have visited the website since its launch.

The Supreme Court blocked President Biden’s vaccine and testing requirement for large businesses but allowed the mandate for certain health care workers. This is a significant decision as the Occupation Safety and Health Administration (OSHA) will not have the authority to mandate vaccinations in workplace settings for over 80 million Americans. The unsigned opinion noted, "Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category."

Separately, in a 5-4 ruling, the Supreme Court stayed the injunctions that barred enforcement of the Centers for Medicare & Medicaid Services (CMS) COVID-19 vaccine mandate in 24 states. The Court emphasized that one of the Department of Health and Human Services’ functions is to ensure that health care providers protect their Medicare and Medicaid patients’ health and safety and found that these “unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have.” Also, the Supreme Court rejected a bid to block the mask mandate on airplanes earlier this week.

Last week, the U.S. set a record number for new COVID-19 cases in the U.S. at 1.35 million cases. The U.S. also set a new record for hospitalizations at 145,000. To counter the uptick in cases and hospitalizations, the Center for Disease Control and Prevention (CDC) recommended the use of higher quality masks. The CDC is advises using well-fitting masks and respirators approved by the National Institute for Occupational Safety & Health as these masks offer "the highest level of protection" against Covid-19. The Biden administration plans to distribute 400 million free non-surgical N95s at pharmacies and healthcare centers nationwide. White House officials hope to begin the distribution of the N95 masks next week and will pull from the Strategic National Stockpile which currently has 750 million masks.

Capitol Hill

House Majority Leader Steny Hoyer (D-MD) said he expects the White House to ask Congress to appropriate additional pandemic relief funding for testing, vaccines, schools and restaurants. House Appropriations Chair Rosa DeLauro (D-CT) said there had been preliminary discussions about the supplemental funding request, which could be included in the omnibus Fiscal Year 2022 spending bill. House Speaker Nancy Pelosi said the additional funding could come under emergency spending so as not to affect other domestic non-discretionary spending in the omnibus.

On January 11, the Senate Health, Education, Labor and Pensions (HELP) Committee held a hearing on “Addressing New Variants: A Federal Perspective on the COVID-19 Response.” Witnesses included CDC Director Rochelle Walensky; Chief Medical Advisor to President Biden, Anthony Fauci; Acting FDA Commissioner Janet Woodcock; and HHS Assistant Secretary for Preparedness and Response Dawn O’Connell. HELP Committee members asked for updates on several issues including the availability of COVID-19 tests, the CDC’s updated quarantine and isolation guidance, research into new vaccines and therapeutics, the domestic supply chain, and future preparedness.

On January 19, the House Rules Legislative Branch and Budget Process Subcommittee held a hearing on “Using Budget Principles to Prepare for Future Pandemics and Disasters.” The hearing focused on the importance of making strategic investments in advance across the federal budget to ensure an efficient federal response to future pandemics and other disasters. The Subcommittee discussed lessons learned from the federal response to COVID-19, including for both public health funding and food distribution networks, and suggested potential changes for how to use the budget to improve such disaster response and coordination between government and private stakeholders.

On January 19, Sens. Ed Markey (D-MA) and Richard Blumenthal (D-CT) sent a letter to Federal Trade Commission (FTC) Chair Lina Khan and sent letters to COVID-19 test manufacturers and retailers requesting the FTC investigate and put a stop to price gouging and sales scams related to at-home rapid COVID-19 antigen tests and urging the companies to make at-home test prices more reasonable for consumers in the midst of the public health emergency, respectively.

On January 19, the U.S. Government Accountability Office (GAO) released a report stating that the Department of Health and Human Services (HHS) took over the federal government’s program to speed COVID-19 vaccines — once known as Operation Warp Speed — to Americans without the personnel needed to oversee it properly. Staff shortages could mean the HHS is not capable of assuming proper control of this program, the GAO warned. The watchdog recommended the Pentagon continue working with HHS. The HHS, in its official response to the GAO, said it assessed its workforce before taking over responsibility for vaccine distribution and supply.

Please visit our TFG Coronavirus Legislative Trackers public health & safety, local government relief , and business assistance for detailed information on recently introduced bills.

Administration

The Biden Administration opened COVIDtests.gov, an online ordering portal for at-home tests. U.S. households are entitled to four free test kits should be shipped in 7 to 12 days.

As noted in our last edition of Coronavirus Update, the Treasury Department issued its long-awaited final rule for the State and Local Fiscal Recovery Funds Program (SLFRF). The 437-page final rule is here and a 44-page overview is here.

Treasury announced state and local governments provided $2.9 billion in rental assistance to approximately 665,000 renters and landlords in November 2021. The Emergency Rental Assistance funding in November was the largest amount of assistance paid to eligible households and the largest number of payments made in any month under the program.

The Hill and other media reported The Biden Administration threatened to claw back COVID-19 relief funding from Arizona unless the state stops directing the money to schools without mask mandates.

The White House released a state-by-state breakdown of funding for the Low Income Home Energy Assistance Program (LIHEAP). The funding will help states, localities and tribes address home energy costs this winter. The Administration also announced that a total of fourteen major utility companies have made commitments to prevent shutting off utilities for Americans applying for aid and expedite assistance.

HHS announced $103 million in awards to improve the retention of health care workers and help respond to the nation’s critical staffing needs by reducing burnout and promoting mental health and wellness among the health care workforce.

The National Center for Health Statistics (NCHS) partnered with the Census Bureau on an experimental data system called the Household Pulse Survey to rapidly monitor recent changes in mental health with a focus on the frequency of anxiety and depression symptoms. Survey results are here.

Health care workers in the 24 states where the U.S. Supreme Court reinstated the Center for Medicare and Medicaid Services’ (CMS) vaccine mandate must have their first shot by February 14 and be fully vaccinated by March 15, according to CMS. Different deadlines apply for 25 other states that weren’t subject to the injunctions.

On January 14, the FCC voted to adopt a Report and Order and Further Notice of Proposed Rulemaking that provides detailed guidance for the $14.2 billion Affordable Connectivity Program, a long-term federal initiative that provides qualifying households discounts on their internet service and replaces the Emergency Broadband Benefit program.

An NIH study found that COVID-19 infection during pregnancy may cause inflammatory immune responses in the fetus, even if the virus does not infect the placenta, according to a small National Institutes of Health study.

CDC updated its guidance on masks and respirators. CDC also updated its international destination travel recommendations; most countries are now in the top two levels of risk (Level 4 & 3).

Industry & Advocacy

Moderna CEO Stephane Bancel said this week they are “working very actively” on a COVID-19 vaccine booster shot to target the omicron variant. Bancel added the booster shot would soon enter clinical trials and the company would assess if there was a need for other components to be added to the shot. Pfizer CEO Albert Bourla said his company would have a vaccine to target omicron ready by March. He also noted it was unclear if a vaccine targeting variants was necessary or how exactly it would be used.

NACo released a statement welcoming the ARPA final rule focused on state and local fiscal recovery funding with additional flexibility to support counties, and provided a summary of the funding now available for us by local governments. Links to the final rule are in the Administration section above.

United Airlines is canceling and rescheduling an unspecified number of flights over staffing shortages from COVID-19 infections, CEO Scott Kirby announced. In a memo, Kirby said more than 3,000 employees are currently positive for the coronavirus and that United, which has mandated vaccines for its workforce, is reducing its “near-term schedules to make sure we have the staffing and resources to take care of customers.”

Starbucks is removing its COVID-19 vaccine requirement for U.S. workers after the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers last week. Starbucks Chief Operating Office John Culver said the company will comply with the Supreme Court’s ruling but will continue to strongly encourage employees to get their vaccines and booster shots.

Two major U.S. drugstore chains, CVS and Walgreens, are closing some of their stores for the weekend because of staff shortages caused by workers becoming sick with the omicron variant of COVID-19. The American Pharmacists Association Chief of Staff, Mitchel Rothholz, said, “It’s a problem across the whole health care system, not just in pharmacy, but our members are dealing with this constantly now, because of the increased demand for testing as well as Covid vaccinations, people are wanting to get the boosters or even getting their first doses.”