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February 18, 2022

COVID-19: The Way Forward
Introduction
The Coronavirus Disease 2019 (COVID-19) pandemic is in
its third year. The number of new cases from the Omicron
variant appears to be ebbing, but the daily death toll
remains high. Domestically, a weary public hopes for a full
return to economic and civic life. Many low- and middle-
income countries have limited access to COVID-19
vaccines, therapeutics, personal protective equipment
(PPE), and other countermeasures. Some of these countries
have correspondingly low vaccination rates, when
compared to high-income countries. At this stage of the
pandemic, it remains unclear when the crisis period,
including factors such as level of strain on health systems,
health workers and daily death tolls, will end. Questions
remain about whether new variants will emerge and
whether they will be more or less lethal than the currently
dominant Omicron variant.
This In Focus accompanies the CRS Issues and Policy
Seminar COVID-19: The Way Forward, in which CRS
analysts and attorneys present on various aspects of U.S.
government domestic and global pandemic responses and
congressional actions and options.
The U.S. COVID-19 Pandemic: A Quick Recap
The COVID-19 pandemic has unfolded in three waves,
fueled by three dominant viral variants-Beta, Delta, and
Omicron-each with its own transmission and virulence
characteristics. At this time, the official U.S. death toll from
the COVID-19 pandemic has surpassed 900,000.
As the Omicron wave ebbs, policymakers are considering
what the future holds, and how they can best ensure
national readiness. Despite the desire of many to resume
economic and social activities, there is no biological bright
line to signal when normal activities might resume without
levels of COVID-19 transmission that place a high burden
on health systems and impede societal functioning. Some
policy choices would seem straightforward: maintain
surveillance of the virus and its variants, and remain
flexible in developing countermeasures such as vaccines
and treatments. Other policy choices are less clear in the
face of uncertainty. These include public health control
measures (including masking and physical distancing),
ongoing funding, the use of emergency authorities and
assistance, stabilization of the health care and public health
workforces, and the transition of emergency-use federally
purchased countermeasures to typical commercial products
and payment systems.
Congress's Domestic Public Health Response to
the Pandemic: A Brief Overview
Since March 2020, Congress has appropriated over $400
billion for domestic COVID-19 public health response to

Department of Health and Human Services (HHS) agencies,
mostly as emergency supplemental appropriations. Much of
this funding is available for multiple years and has been
allocated for vaccines, treatment, tests, health care services
and supports, among other activities. As the pandemic
continues, Congress may consider whether remaining
balances are adequate, and whether and how to finance
some long-term public health activities through
nonemergency means.
Select Executive Branch Actions to Address the
Pandemic and Related Litigation
The executive branch has undertaken numerous measures to
address the pandemic. Some of these actions-based on
certain general legal authorities Congress granted to
executive officials and agencies within specific statutory
schemes-have been the subject of legal challenges. One
example is reliance on Section 361 of the Public Health
Service Act, which authorizes the Centers for Disease
Control and Prevention (CDC) to issue regulations
necessary to prevent the interstate spread of communicable
disease. The CDC issued (1) an eviction moratorium in
September 2020 halting most residential evictions for
nonpayment of rent, and (2) a transportation mask mandate,
effective since February 1, 2021. Relying on various
statutes, executive agencies and officials have also imposed
several employment-based vaccination mandates. While the
Supreme Court blocked enforcement of some of these
measures (including the eviction moratorium and a
vaccination-and-testing requirement for large employers) as
exceeding the relevant agency's statutory authority, the
Court permitted other measures to move forward (i.e., a
vaccination requirement for Medicare- and Medicaid-
certified providers and suppliers). As litigation concerning
most of these measures continues, courts may provide
further clarification regarding the scope of relevant
agencies' and officials' statutory authority under applicable
laws.
Select Issues for Domestic Preparedness and
Response Reform
As hospitalizations from COVID-19 begin decreasing
again, stakeholders are increasingly considering whether
the nation's public health emergency management system
needs reform. A number of nongovernmental organizations,
public health emergency management experts,
governmental agencies, and other entities have suggested
reforms to broad areas of public health emergency
management. These reforms include clarifying leadership
roles and authorities in a public health response,
strengthening the supply-chain, promoting the development
of medical countermeasures, and expanding upon domestic
and international public health data systems to enhance
real-time situational awareness, including through a One

https://crsreports.congress.gc

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