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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Notices
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The rapidly changing nature of the pandemic requires not only that CDC act swiftly, but also deftly to ensure that its actions are commensurate with the threat. This necessarily involves assessing evolving conditions that inform CDCs determinations.
The conditions that existed on September 4, 2020 have only worsened.
As of January 21, 2021, there have been over 24,400,000 cases and over 400,000
deaths. Data collected by Princeton University show that eviction filings are occurring; it is therefore expected that large numbers of evictions would be processed if the Order were to expire.
https evictionlab.org/evictiontracking. Without this Order, there is every reason to expect that evictions will increase significantly, resulting in further spread of COVID19. It is imperative is to act quickly to protect the public health, and it would be impracticable and contrary to the public interest to delay the issuance and effective date of the Order pending notice-and-comment rulemaking.
Similarly, if this Order qualifies as a rule under the APA, the Office of Information and Regulatory Affairs OIRA has determined that it would be a major rule under the Congressional Review Act CRA. But there would not be a delay in its effective date. The agency has determined that for the same reasons, there would be good cause under the CRA to make the requirements herein effective immediately If any provision of this Order, or the application of any provision to any persons, entities, or circumstances, shall be held invalid, the remainder of the provisions, or the application of such provisions to any persons, entities, or circumstances other than those to which it is held invalid, shall remain valid and in effect.
This Order shall be enforced by federal authorities and cooperating state and local authorities through the provisions of 18 U.S.C. 3559, 3571; 42
U.S.C. 243, 268, 271; and 42 CFR 70.18.
However, this Order has no effect on the contractual obligations of renters to pay rent and shall not preclude charging or collecting fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.
Criminal Penalties Under 18 U.S.C. 3559, 3571; 42 U.S.C.
271; and 42 CFR 70.18, a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death, or a fine of no more than $250,000 if the
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violation results in a death, or as otherwise provided by law. An organization violating this Order may be subject to a fine of no more than $200,000 per event if the violation does not result in a death or $500,000 per event if the violation results in a death or as otherwise provided by law. The U.S. Department of Justice may initiate criminal proceedings as appropriate seeking imposition of these criminal penalties.
Notice to Cooperating State and Local Officials Under 42 U.S.C. 243, the U.S.
Department of Health and Human Services is authorized to cooperate with and aid state and local authorities in the enforcement of their quarantine and other health regulations and to accept state and local assistance in the enforcement of Federal quarantine rules and regulations, including in the enforcement of this Order.
Notice of Available Federal Resources While this Order to prevent eviction is effectuated to protect the public health, the states and units of local government are reminded that the Federal Government has deployed unprecedented resources to address the pandemic, including housing assistance.
The Department of Housing and Urban Development HUD has informed CDC that all HUD grantees states, cities, communities, and nonprofitswho received Emergency Solutions Grants ESG or Community Development Block Grant CDBG funds under the CARES Act may use these funds to provide temporary rental assistance, homelessness prevention, or other aid to individuals who are experiencing financial hardship because of the pandemic and are at risk of being evicted, consistent with applicable laws, regulations, and guidance.
HUD has further informed CDC that:
HUDs grantees and partners play a critical role in prioritizing efforts to support this goal. As grantees decide how to deploy CDBGCV and ESGCV
funds provided by the CARES Act, all communities should assess what resources have already been allocated to prevent evictions and homelessness through temporary rental assistance and homelessness prevention, particularly to the most vulnerable households.
HUD stands at the ready to support American communities take these steps to reduce the spread of COVID19 and maintain economic prosperity. Where gaps are identified, grantees should coordinate across available Federal, non-Federal, and philanthropic funds to ensure these critical needs are
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sufficiently addressed and utilize HUD
s technical assistance to design and implement programs to support a coordinated response to eviction prevention needs. For program support, including technical assistance, please visit www.hudexchange.info/programsupport. For further information on HUD resources, tools, and guidance available to respond to the COVID19
pandemic, state and local officials are directed to visit https www.hud.gov/
coronavirus. These tools include toolkits for Public Housing Authorities and Housing Choice Voucher landlords related to housing stability and eviction prevention, as well as similar guidance for owners and renters in HUD-assisted multifamily properties.
Similarly, the Department of the Treasury has informed CDC that the funds allocated through the Coronavirus Relief Fund and the Emergency Rental Assistance Program may be used to fund rental assistance programs to prevent eviction. Visit https
home.treasury.gov/policy-issues/cares/
state-and-local-governments for more information about the Coronavirus Relief Fund and https
home.treasury.gov/policy-issues/cares/
emergency-rental-assistance-program for more information about the Emergency Rental Assistance Program..
Effective Date This Order is effective on January 31, 2021 and will remain in effect, unless extended, modified, or rescinded, through March 31, 2021.
Authority The authority for this Order is Section 361 of the Public Health Service Act 42
U.S.C. 264 and 42 CFR 70.2.
Dated: January 29, 2021.
Sherri Berger Acting Chief of Staff, Centers for Disease Control and Prevention.
FR Doc. 202102243 Filed 12921; 4:15 pm BILLING CODE 416318P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and Prevention Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs Centers for Disease Control and Prevention CDC, Department of Health and Human Services HHS.

AGENCY:

ACTION:

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Notice of Agency Order.

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