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On February 16, 2021, Acting Secretary of the U.S. Department of Health & Human Services (HHS) Norris Cochran, published in the Federal Register the Sixth Amendment to the Declaration Under the Public Readiness and Emergency Act [PREP Act]. 86 Fed. Reg. 9516-9520 (Feb. 16, 2021). This is the second amendment to the Declaration issued since President Biden took office and continues the Trump Administrations practice of providing broad liability protection for those responding to COVID19.

The Declaration originally was issued on January 31, 2020, by former HHS Secretary Azar. Pursuant to the PREP Act, the Declaration allows the Secretary to extend liability immunity to covered persons for taking allowed actions with respect to covered countermeasures, in prescribed circumstances, all as declared by the Secretary. A covered person is immune from suit and liability under Federal and State law for all claims of loss caused by, arising out of, relating to, or resulting from the administration or use of a covered countermeasure, which includes FDA-authorized COVID19 vaccines and tests. See 42 U.S.C. 247d6d(a)(1). Under the PREP Act, covered persons include manufacturers, distributors, program planners, qualified persons, and their officials, agents and employees. 42 U.S.C. 247d-6d(i)(2).

In the Sixth Amendment to the Declaration, the Acting Secretary augmented the covered persons protected from liability with an additional category of qualified persons. Although the Unites States is, by statute, a covered person, the structure of the statutory provision defining covered person does not make clear that direct contractors and employees of the United States are similarly covered. See 42 U.S.C. 247d-6d(i)(2). To clear up that ambiguity, the Sixth Amendment provides that a qualified person includes any Federal government employee, contractor or volunteer who prescribes, administers, delivers, distributes or dispenses a Covered Countermeasure, if the federal department or agency has authorized or could authorize that person even if those authorized duties or responsibilities ordinarily would not extend to members of the public or otherwise would be more limited in scope than the activities such employees, contractors or volunteers are authorized to carry out under this declaration. 86 Fed. Reg. at 9519 (Feb. 16, 2021).

This expanded liability protection is fully consistent with and will support President Bidens National Strategy for the COVID19 Response and Pandemic Preparedness, which envisions federal vaccination sites and deploy[ing] thousands of federal staff, contractors and volunteers to support state and local vaccination efforts. See National Strategy, pp. 9, 52.

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Biden Administration Confirms COVID-19 Liability Protections for Federal Contractors, Employees and Volunteers - Lexology

Carolyn Muyskens|The Holland Sentinel

FENNVILLE A city commissioner who brought controversy and international media attention to Fennville due to his ties to a far-right organization called the Proud Boys is expected to leave public office early.

According to Fennville city administrator Amanda Morgan, MorganBolles hasnot submitted hisresignation,but he made the city commission aware Monday, Feb. 15, he wouldbe resigning from the commission sometimethis springdue to plans to move out of the city. City commissioners are required to live in the city limits to hold the office.

Bolles was appointed to the Fennville City Commission shortly after the November 2019 city elections in which he ran as a write-in but failed to win a seat to replace another commissioner who had resigned that same month.

In December that year, The Sentinel reported his apparent affiliation with the Proud Boys organization. Bolles was photographed at a Second Amendment rally in Lansing in September 2019 carrying a Michigan Proud Boys flag.

The Proud Boys, whichcalls itself a "Western chauvinist" drinking club for men, is known for its members' affinity for white nationalist views.

More:Fennville commissioner defends hate group affiliation

More: More photos, charges surface with Fennville commissioner

The Southern Poverty Law Center has labeled it a hate group, and Canada designated the Proud Boys as a terrorist organization earlier this month.The group also isbanned on Facebook and Instagram.

Proud Boys members have also been charged with conspiracy in the Jan. 6 Capitol riots.

When Bolles was seated on the city commission in December 2019, he defended the Proud Boys as an anti-racist, pro-freedom organization.

However, in a publicFacebook post in June 2020, Bolles said he was no longer affiliatedwith the group and had not been for "a long time."

"Also, to clarify I have had no connection with the Proud Boys in a long time and my interactions with them were minimal at best," Bolles wrote." [...]I cut any ties I had with them over lifestyle and idea differences."

The statement was in stark contrast to what Bolles said in December 2019 when he defended his affiliation with the group. During a city commission meeting,Bolles said the Proud Boys are anti-racist, promote entrepreneurship, are pro-freedom, limited government, and want to venerate the house wife."

... Thats not a demand that women stay at home, but the ones that do want to stay home, we should praise them for wanting to stay home take care of our children not going to a babysitter or anything like that, Bolles said.

The Fennville City Commission drew criticism for appointing Bolles, who was one of two candidates to apply for the position, but commissioners said they were unaware of the Proud Boys connection or of his criminal history, which included a misdemeanor assaultconviction and a traffic violation related to a crash in which he fell asleep at the wheel andkilled a Sentinel delivery driver.

Fennville City Commissioner Jim Hayden, who maintains a local blog on city issues, wrote ofBolles' announcement Monday. Hayden was among those who called for Bolles' resignation over his association with the Proud Boys.

However, he distanced himself from the council bearing responsibility for the situation, saying he was strongly against vetting applicants for the commission, and that it was themedia's role to vetBolles.

A message seeking comment from Bolles was not immediately returned.

Bolles' term on thecity commissionexpires in November.

The city commission will be tasked with appointing someone to fill the position. The appointmentprocess involves a call for applications, a brief interview of applicantsduringa commission meeting and a vote by the commission to appoint the new member.

It is against the citys charter to do background checks on people who apply to fill vacant commission seats, Fennville Mayor Tom Pantelleria said in 2019. Commissioners discussed potentially looking into the legality of conducting a vetting process for future appointees, but came to the general consensus that would put too much of a limit on who could serve.

Contact reporter Carolyn Muyskens at cmuyskens@hollandsentinel.com and follow her on Twitter at @cjmuyskens.

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Fennville official with Proud Boys ties to resign - HollandSentinel.com

Blaise Mesa|Topeka Capital-Journal

Small businesses in Topeka could look forward to more local relief after the city council unanimously voted to add over $500,000 to its business relief fund.

The governing body voted to amend the 2019 Consolidated Action plans budget to add the additional CARES Act money at Tuesday nights meeting. Small business grants will receive $529,131 from the budget amendment, according to documents attached to the meeting's agenda.

The city was required to amend the 2019 action plan to utilize the funds.

Preference is given to minority and women owned businesses, said Corrie Wright, housing services director, last week when she spoke to city council. The additional funds will be a great asset to the community.

This is the second amendment to the 2019 action plan with the current business relief funding projected to soon run out.

CARES Act funds have to be used to prevent, prepare for or respond to the pandemic, Wright said. Businesses must show a need, demonstrate a loss due to the virus and the business owner or 51% of a business'semployees must be low- to moderate-income to be eligible.

The additional funding could help 26 businesses in Topeka.

Councilmember Mike Lesser told The Topeka Capital-Journal local business relief programs are hoping to help businesses that may have been ineligible for other programs. Lesser is also a member of the Joint Economic Development Organizations local business task force that is working on additional COVID-19 relief.

The citys relief program has different requirements for the money because it relies on federal funds, but JEDOs program has fewerrestrictions because it is funded locally.

What we dont want to do is have the same people eligible and leave the same people out, he said.

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CapFed Best News: Topeka receives over $500,000 in CARES funding to help small businesses - The Topeka Capital-Journal

By JACQUELYN VOGHEL

EASTHAMPTON TheCity Council will hold a public hearing with the Planning Board on Wednesday night to adopt a plan intended topromote housing for low-and moderate-income families and individuals, reducehousing production barriers in the city, and addresslocal and regional housing needs.

The city last released a Housing Production Plan in 2014. But according to City Councilor Tom Peake, the council at the time did not reach many of the goals laid out in that plan. The plan, detailed in a 102-page draft document, seeks to address continuing concerns in the city surrounding affordability and housing choice.

According to the plan, which details steps to take from 2021-2026,Easthamptonhas very few of the regulatory tools that communities use to promote housing diversity and affordability,and a limited inventory of affordable housing,along with other general difficulties that do not address the housing needs of lower-income residents.

The new plan outlines six goals: Creating a variety of affordable, mixed-income housing to foster "a welcoming, inclusive community"; increasing affordable and market-rate housing options for low-income families, seniors and people with disabilities; meet state affordable housing assistance requirements through producing at least 38 qualifying units per year; encourage development and repurposing of existing buildings into mixed-income housing; and promote the development of the mills and town or institutionally owned properties into mixed-income, mixed-use neighborhoods.

Its no secret to anyone that the cost of housing in Easthampton has increased substantially over the last decade, Peake said, and its becoming an issue that I hear about a lot from constituents.

While some homeowners appreciate that the value of their homes have gone up, he added, there are also a lot of people who are starting to ask serious questions about whether they can afford to continue to live in this community, and whether their kids will be able to afford in this community when they grow up.

If the city does not address affordability issues, he added, it also risks losing communities that have long characterized and enriched life in Easthampton.

Easthampton has a long history of blue collar residents, Peake said, and it also has a long history, especially recently, of being a place for artists. If we become a community that is unaffordable to those populations, those are important contributors to our civic life that we could lose.

At the Wednesday night meeting, Peake will propose two zoning amendments intended to complement this goal. One amendment would relax current zoning barriers that can restrict the production of accessory dwelling units, such as attached in-law apartments, tiny homes or backyard cottages. A second amendment streamlines the permitting process for multifamily housing developments that include certain percentages of affordable housing.

The meeting will be held virtually on Wednesday at 6 p.m., and can be accessed via a Zoom link on the citysAgendas & Minutes webpage.

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Plan to increase affordable housing topic of joint meeting in Easthampton - GazetteNET

BLACKFOOT More than 20 people were in the Bingham County commissioners chambers Tuesday afternoon to discuss the possibility of Bingham County becoming a Second Amendment sanctuary as talks and concerns whirl around gun laws, ammunition, magazines, and firearm accessories.

County Prosecutor Paul Rogers, Civil Attorney Chase Hendricks, and John Dewey worked to put together a proposal for the commissioners to review.

Commissioners Mark Bair, Whitney Manwaring, and Jessica Lewis made it clear early that they support the rights of the residents of Bingham County, but wanted to ensure that they were not delving into a rabbit hole as they pursued the information regarding such a sanctuary.

Rogers noted that he did not like the language of sanctuary because of the connotation that it could appear as Bingham County is trying to distance itself from the state of Idaho. Under former Gov. Butch Otter in 2014, Idaho approved a similar law that they would not impede the rights of its citizens from procuring a firearm or the size of the magazine, or any other accessory that could be placed on one.

Members of the community asked to speak with the commissioners on the subject with expressing information that has been in the United States history including the Federalist Papers by James Madison. He expressed that he understands the Federalist Papers to include that the federal government and local governments would work together in certain processes and left the state government out of the process.

He fortified this explanation following comments from Bingham County Sheriff Craig Rowland who explained that when his office works with federal agents, be it FBI, ATF, or the U.S. Marshals, it does not normally involve the Idaho State Police as they are normally notifying him that they will be in his area of jurisdiction working, or requesting his office aid in an investigation. Rowland explained that it is not a jurisdictional issue that ever arises, but more so that they work in unison to achieve a goal or apprehend a suspect.

Others asked if going forward with declaring Bingham County a sanctuary county would in turn cause issues with the state, essentially noting each person as a felon for disobeying law. It was expressed that the state searched out the answer on this exact subject matter, which was decided to be completely legal under the law and would not inadvertently create a large number of criminals by accepting such a resolution.

Commissioner Bair noted that he wanted to ensure that any resolution that they would affirm would not be limited to only firearms, but also include ammunition, attachments and accessories, as well as magazines. He noted that some of the discussion involved limiting the magazine size of the firearms, in essence, forcibly lowering the persons right to bear arms to the extent that they wish.

Others noted that the previous bills introduced federally involved limiting caliber, magazine size, ammunition, and firearm type or at minimum, charging specialized taxes depending on type of firearm. Commissioner Manwaring echoed Bairs input, expressing the desire to go forward with a resolution that would state that they would not support any new legislation surrounding gun control.

The resolution states, BE IT FURTHER RESOLVED that the Board of County Commissioners of Bingham County commits not to support, financially or otherwise, any enforcement of any new federal law, statute, policy or standard that will infringe upon the rights of the citizens of Bingham County that are granted upon them through the Second Amendment to the Constitution of the United States and furthermore granted by Article I, Section 11 of the Constitution of the State of Idaho and in Idaho Code and we fully support the enforcement of Idaho Code 18-3351B.

Sheriff Rowland noted that he would not be willing to enforce any new gun law that would directly infringe upon the rights of the residents of Bingham County provided to them by the Second Amendment.

The commissioners would go on to sign the resolution and have it notarized by county Clerk Pamela Eckhardt.

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County affirms resolution recognizing 2nd Amendment - Post Register