US Treasury Posts Updated FAQs on the Coronavirus State and Local Fiscal Recovery Funds

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US Treasury posted an updated FAQs on the Coronavirus State and Local Fiscal Recovery Funds today, which includes additional clarification on the following:

Clarification on general eligible expenses

  • Address COVID-related backlog in court cases: Recovery Funds can be used to reduce backlogs, such as implementing COVID-19 safety measures to facilitate court operations, hiring additional court staff or attorneys to increase the speed of case resolution and other expenses to expedite case resolution are eligible uses. NACo explicitly asked Treasury this question and requested that these expenses be eligible uses of Recovery Funds.
  • Clarification on “general revenue” definition: Additional clarification on “general revenue” definition and revenue streams that can be included in the revenue loss calculation (pg. 35 of FAQ).
  • Revenue loss and intergovernmental transfers: When calculating general revenue, counties should exclude all intergovernmental transfers from the federal government. This includes federal transfers made via a state to a locality from the CARES Act Coronavirus Relief Fund. Additionally, If there are other federal funds that were passed through the state or other entities or intermingled with other funds, counties should exclude the federal portion when calculating revenue loss.
  • Outdoor spaces:Additional clarification on using Recovery Funds to reinvest in outdoor spaces. Recovery Funds can be used in the following ways:
  • Qualified Census Tracts (QCTs):Recovery Funds can be used to support populations disproportionately impacted by the COVID-19 pandemic. When providing services and programs to build stronger neighborhoods and communities, recipients can use funds towards the following: investment in parks, public plazas and other public outdoor recreation spaces that may respond to the needs of disproportionately impacted communities.
  • Small businesses:Recipients may provide assistance to small businesses in all communities. This includes enhancing outdoor spaces for COVID-19 mitigation (i.e. restaurant patios) or improving the build environment of the neighborhood (I.e. façade improvements)
  • General maintenance of parks:Recognizing that parks were used during the pandemic, Recovery Funds can be used for maintenance needs associated with overuse of parks.

Eligible expenses related to public safety:

  • Additional staff and overtime pay:Recovery Funds can be used to hire law enforcement officers (even above pre-pandemic levels) or paying overtime, where the funds are directly focused on advancing community policing strategies in those communities experiencing an increase in gun violence associated with the pandemic. Counties can also use funds to rehire other public servants to restore law enforcement and courts to their pre-pandemic levels.
  • Community Violence Intervention (CVI) programs: These programs use evidence-based strategies including focused deterrence, street outreach, and hospital-based violence intervention models, complete with wraparound services such as behavioral therapy, trauma recovery, job training, education, housing and relocation services, and financial assistance. 
  • Subsidized jobs, job training, and wraparound services: This includes Summer Youth Employment Programs and programs to support employment of formerly-incarcerated individuals. 
  • Mental health services and substance use disorder services:Recovery Funds can be used for community-based mental health and substance use disorder programs that deliver evidence-based psychotherapy, crisis support services, medications for opioid use disorder, and/or recovery support.
    • School-based social-emotional support and other mental health services
    • Referrals to trauma recovery services for crime victims.
  • Recipients may also use funds up to the level of revenue loss for government services, including those outlined above.

US Treasury intends to update the FAQs periodically to help clarify questions about the Interim Final Rule. Since the Interim Final Rule is still in the public comment period that ends on July 16, 2021, there may be some points raised by stakeholders that cannot be addressed via FAQs and will need to be considered as part of the process for revising the rule. Counties are strongly encouraged to submit comments for the record to ensure that these perspectives are reflected in the public comments when it comes time to finalize the rule. Counties can also submit questions to NACo staff via the COVID-19 Recovery Clearing House.