Legislation and Federal Policy

Contents

Help Identify Legislative Priorities for Future Emergency Response Packages
FOR USET MEMBER TRIBAL NATIONS: To include any specific items or priorities in USET’s legislative efforts regarding COVID-19 response and relief efforts, please email Liz Malerba.

Vaccine Advocacy

10/30 Joint Tribal Organization Letter to HHS Secretary Azar: Tribal Vaccine Jurisdiction Decision Deadline and the Need for More Information and Greater Flexibility
10/21 USET SPF Comments on IHS COVID-19 Pandemic Draft Vaccine Plan
10/9 USET SPF Comments to HHS on COVID-19 Vaccine Distribution in Indian Country
9/4 USET SPF Comments on Discussion Draft of Equitable Vaccine Allocation Framework

Pending Legislation

Status: Introduced 11/16

USET SPF Letter to US Senate Finance Committee in support of immediate passage of S.4898

COVID-19 4th Relief Package Proposals

NCAI NATIONAL LEGISLATIVE PRIORITIES OUTREACH: Priority Issues

H.R. 133 – Consolidated Appropriations Act, 2021

Status: passed by Congress on 12/21; waiting for President’s signature

To read the full legislative text of the entire year-end package click here

Division G: FY 2021 Interior, Environment & Related Agencies Appropriations
Division H: FY 2021 Labor-Health and Human Services Appropriations
Division M-N: COVID-19 Response & Relief Supplemental Appropriations Act
Division BB: Surprise Billing legislation and SDP/SDPI reauthorization

For a section-by-section on the stimulus package, click here

For the Explanatory Statement (Report) for FY 2021 Interior, click here

For the Explanatory Statement (Report) for FY 2021 LHHS, click here

12/22 NCAI’s summary of the relevant tribal provisions in Division M-N addressing COVID-19 relief in H.R. 133
12/22 NAFOA Tribal Leader Town Hall
- Recording
- Presentation slides

Senate Republicans Proposal for 4th Package: HEALS Act

Health, Economic Assistance, Liability Protection and Schools (HEALS) Act
Status: Introduced 7/27 as a set of eight bills – seven policy-focused bills and one appropriations bill

House Democrats Proposal for 4th Package: The HEROES Act

The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act
Status: Introduced 5/12

More HEROES Act Information and Resources

COVID-19 4th Package Tribal Advocacy

CDC Tribal Public Health Security and Preparedness Act

To ensure Tribal Nations have direct access to the Public Health Emergency Preparedness Program
Status: Introduced in Senate and House

S. 3486: Sen. Udall Press Release
H.R. 6274: Reps. Haaland and Gallego Press Release
Bill Text

Tribal Medical Supplies Stockpile Access Act

To Guarantee Tribal Health Authorities Access to the Strategic National Stockpile
Status: Introduced in Senate

Executive Action/Requests

Passed Legislation

H.R. 266 Paycheck Protection Program and Health Care Enhancement Act

Status: Signed into law on 4/24

Enacted Bill Text

More Paycheck Protection Program Information and Resources

Third Stimulus: H.R. 748 The CARES Act

Coronavirus Aid, Relief, and Economic Security (CARES) Act
Status: Signed into law on 3/27

Bill Text
Bill Summary—Division A and Bill Summary—Division B
3/27 Congressional Native American Caucus: Tribal Priorities Included in CARES Act
SCIA Summary of Tribal Provisions

CARES Act: Executive Branch Implementation

Treasury’s Coronavirus Relief Fund website, guidance (updated 9/2), and FAQs (updated 10/19)
- 10/21: NAFOA letter requesting clarity on 10/19 CRF FAQs
- 11/20: Treasury’s response to NAFOA
1/6 SBA and Treasury: Additional Paycheck Protection Program (PPP) guidance:
- SBA Guidance on Accessing Capital for Minority, Underserved, Veteran and Women-Owned Business Concerns
- Interim Final Rule on Paycheck Protection Program as Amended by Economic Aid Act
- Interim Final Rule on Second Draw Loans
12/9 SBA and Treasury: Updated Paycheck Protection Program (PPP) FAQs
- Forgiveness FAQ # 53 (page 19) has been added (Released 12/9/20)
  Question: Why are some PPP borrowers receiving a Loan Necessity Questionnaire (SBA Form 3509 or 3510)?
10/8 SBA and Treasury: Forgiveness Payment Notification Order
10/8 SBA and Treasury: Updated Paycheck Protection Program (PPP) FAQs
9/21 Treasury OIG Memo: CRF FAQs Related to Reporting and Recordkeeping (Revised)
8/25 SBA and Treasury: Paycheck Protection Program (PPP) Interim Final Rule Treatment of Owners and Forgiveness of Certain Nonpayroll Costs
8/13 HSDW: Provider Relief Fund Updates
8/12 HRSA: COVID-19 Response: Provider Relief Fund
7/31 Treasury OIG memorandum Coronavirus Relief Fund Reporting Requirements Update
7/23 Treasury OIG: Interim Report of Costs Incurred by State and Local Recipients Through June 30
7/2 Treasury OIG Memo: Coronavirus Relief Reporting and Record Retention Requirements
7/8: FAQs on Acceptable and Non-acceptable Expenditures of BIA CARES Act funds
6/12 SBA and Treasury: SBA and Treasury Announce New and Revised Guidance Regarding the Paycheck Protection Program (PPP)
6/12: Statement by Secretary Steven T. Mnuchin on the Provision of Coronavirus Relief Fund Dollars to Native American Tribes
6/8: Letter from Senate Democrats to Secretary Bernhardt and Secretary DeVos expressing concerns about the slow disbursement of CARES Act funds to Tribal schools
5/28: Letter from Senate Democrats to Secretary Mnuchin requesting clarification of the disbursement formula used to allocate payments to Tribal governments
5/27: Tribal Employment and Expenditure Submission Deadline Extended May 29
5/11 Udall Welcomes OIG Reviews of Tribal Data Breach, Potential Conflicts of Interest in Interior Official’s Role in Distribution of Emergency Coronavirus Relief to Tribal Governments
5/8 Letter from DOI Inspector General to Senator Udall
5/6 DOI IG Brief: Where’s the Money? DOI Use of CARES Act Funds as of April 28, 2020
5/5 Treasury: Coronavirus Relief Fund Allocations to Tribal Governments
5/1 Letter from Rep Grijalva and Subcommittee Chairs to IG Requesting Tara Sweeney Investigation
5/1 Letter from Committee on Ways and Means to Treasury Secretary Mnuchin requesting the immediate release of CARES Act funds to Tribal governments
5/1 Letter from Senators to Treasury Secretary Mnuchin requesting the immediate release of CARES Act funds to Tribal governments
4/30 Udall formally requests IG investigation of data breach
4/29 Letter from Members of Congress to Treasury and Interior requesting the Immediate Disbursement of Coronavirus Relief Fund to Tribal Governments
4/23 IHS DTLL: Distribution of Remaining $367 M in CARES Act Funding
- 4/24 HSDW Memo: IHS releases DTLL on Final CARES Act Allocations
4/22 HHS Fact Sheet on Allocation of CARES Act Provider Relief Fund
- 4/22 Hobbs, Straus, Dean & Walker Memo: reports on HHS allocation of the remaining $70 billion of CARES Act Provider Relief Fund
3/28 Office of the Assistant Secretary – Indian Affairs: CARES Act Provides Critical Assistance for Tribal Governments

CARES Act Implementation: Litigation

10/26 Law360: Feds Back Virus Funds For Alaska Native Cos. At High Court
6/26 DC District Court decision in Chehalis et al v. Mnuchin case
6/16 NAFOA: Treasury to Disburse Remaining $679M in CRF Funds
6/15: Agua Caliente Band of Chauilla Indians vs Treasury US Court Decision
6/12 Law 360.com DC Judge Struggles To Define Tribal Gov’t In Virus Aid Fight
6/8 Prairie Band of Potawatomi files motion on the Treasury’s allocation method: Complaint and Temporary Restraining Order Motion
6/4 NCAI et al Amicus Brief in Support of Plaintiffs’ Motions for Summary Judgment
5/1 Joint Status Report in Chehalis v Mnuchin
4/30 Agua Caliente et al versus Steven Mnuchin, Secretary of US Dept of Treasury
4/28 DC District Court decision in Chehalis et al v. Mnuchin case
4/24 Plaintiff’s reply in Chehalis et al. v. Mnuchin
4/23 Mnuchin Response – Defendant’s Consolidated Opposition to Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction
4/23 NCAI et al Amicus Brief in Support of Injunction
4/16 Chehalis Tribe et al. versus Steven Mnuchin, Secretary of US Dept of Treasury

CARES Act: Tribal Implementation Advocacy

CARES Act: Indian Country Specific Requests

CARES Act: Resources

1/8 NAFOA: Second Draw PPP Loans Available, Guidance and Interim Final Rules Issued
11/19 Senator Murkowski: Alaska Congressional Delegation Files Amicus Brief in Support of Alaska Native Corporations
SBA: Frequently Asked Questions on PPP Loan Forgiveness (updated 10/13)
10/2 HHS: Trump Administration Announces $20 Billion in New Phase 3 Provider Relief Funding
8/28 Treasury OIG: FAQs Related to Reporting and Recordkeeping
8/13 HSDW: Provider Relief Fund Updates
8/12 HRSA: COVID-19 Response: Provider Relief Fund
8/4 SBA & Treasury have recently released additional guidance:
- Frequently Asked Questions For Loan Forgiveness (Released 8/4/20)
- Summary of PPP lending as of 7/31/20 (Released 8/3/20)
7/31 Treasury OIG memorandum Coronavirus Relief Fund Reporting Requirements Update
7/23 SBA: Procedural Notice: Procedures for Lender Submission of Paycheck Protection Program Loan Forgiveness Decisions to SBA and SBA Forgiveness Loan Reviews
7/22 SBA: Information Notice on Guidance Regarding Identification and Reporting of Suspicious Activity in the COVID-19 EIDL Loan Program
7/2 Treasury OIG Memo: Coronavirus Relief Reporting and Record Retention Requirements
7/2: FAQs on Acceptable and Non-acceptable Expenditures of BIA CARES Act funds
7/1 Blue Stone Strategy Group offers many services tied to Treasury’s CRF guidance. Their team of tribal leaders, tribal professionals and subject-matter experts can help you use CARES Act funds to the greatest impact—protecting tribal communities and economies.
6/24 New PPP Interim Final Rule: Additional Eligibility Revisions to First Interim Final Rule
6/9: HHS has posted updated Provider Relief Fund (PRF) FAQs
6/8 Prairie Band of Potawatomi files motion on the Treasury’s allocation method: Complaint and Temporary Restraining Order Motion
6/4: Treasury released a FAQ on Tribal population data
6/4 NCAI et al Amicus Brief in Support of Plaintiffs’ Motions for Summary Judgment
5/22 The Harvard Project: Proposal for a Fair and Feasible Formula for the Allocation of CARES Act COVID‐19 Relief Funds to American Indian and Alaska Native Tribal Governments
5/18 New Paycheck Protection Program (PPP) Interim Final Rule Clarifies That Foreign Employees Count for Size
5/18 The Harvard Project on American Indian Economic Development and the Native Nations Institute at the University of Arizona release research critiquing the Round 1 allocations of federal CARES Act COVID-19 response funds
5/15 Treasury’s Guidance to Tribes for Completing Supplemental Request for Information
5/13 UPDATED Paycheck Protection Program (PPP) FAQs
HHS 5/7: HHS Extends Deadline for Attestation, Acceptance of Terms and Conditions for Provider Relief Fund Payments to 45 Days
5/5 Summary of Paycheck Protection Program (PPP) 2 loan data
4/29 FAQs: Employee Retention Credit under the CARES Act
- Tribes and Tribal businesses are discussed or mentioned in FAQs 2, 18, 21.
4/16 Department of Treasury updates: Assistance for American Workers and Families; Assistance for Small Businesses; Assistance to State and Local Governments; Preserving Jobs for American Industry
4/15 Turtle Talk: Responses to ANC’s Accessing the Corona Virus Relief Funds Intended for Tribal Governments
4/15 HSDW: COVID-19 Economic Response Update; Interim Final Rule Additional Eligibility Criteria and Requirements for Certain Pledges of Loans
4/14 Center on Budget and Policy Priorities: States Need Significantly More Fiscal Relief to Slow the Emerging Deep Recession
4/14 Indian Affairs: Coronavirus Relief Fund Web Portal Registration Guidance for Tribal Governments
4/9 Congressional Research Service: The CARES Act: Implications for Tribes
4/8 VA CARES Act- Economic Impact Payments
4/6 HUD Offers $200M of COVID-19 Relief to Native Americans
4/3 Small Business Administration Interim Final Rule: Business Loan Program Temporary Changes; Paycheck Protection Program
4/1 Congressional Research Service: CARES Act Background and State and Local Allocations
4/1 McSally (R-AZ) and Daines (R-MT) Letter to Treasury Secretary Mnuchin and Interior Secretary Bernhardt Requesting Tribal Consultation and Flexibility in Administering CARES Act Tribal Relief Funds
4/1 California Congressional Delegation Letter to Secretary Mnuchin and Secretary Bernhardt Requesting Expedited Rulemaking and Dispersal of CARES Act Tribal Relief Funds
3/31 Senate Finance Committee: CARES Act: Employee Retention Credit FAQ
3/30 Senate Committee on Indian Affairs: Resources for Indian Tribes and Native Communities in the CARES Act
3/27 HSDW: President Signs Third Emergency Relief Bill in COVID-19 Response; COVID-19 Economic Response Update; CARES Act FAQs
3/27 National Indian Health Board: Analysis of CARES Act Healthcare Provisions
3/27 NCUIH: Phase 3 of Coronavirus Pandemic Package Signed Into Law

More CARES Act Information and Resources

H.R. 6201: The Families First Coronavirus Response Act

Status: Signed into law on 3/18

Bill Text
Bill Summary
3/20 Hobbs, Straus, Dean & Walker, LLP: HR 6201’s Employment Related Provisions
3/27 IHS DTLL re: Coronavirus Funding from Families First Coronavirus Relief Act

H.R. 6074: The Coronavirus Preparedness and Response Supplemental Appropriations Act

(includes $40M Indian country specific component)
Status: Signed into law 3/6

Funding Distribution Status: 3/20 HHS announces upcoming action to provide funding to tribes for COVID-19 response

Other Resources and Items of Interest

7/1 Letter from a group of lawmakers to the CDC seeking clarification of policies and practices regarding Tribal Epidemiology Centers’ access to disease and surveillance data
6/18 HSDW: COVID-19 Tribal Health Care Funding Chart
5/28 SBA and Treasury Department Announce $10 Billion for CDFIs to Participate in the PPP
4/30 HSDW: Guide to Federal Coronavirus Stimulus Funding and Programs for Tribal Health Programs
4/29 HSDW: Restrictions on Use of Stimulus Funds by Tribal Health Programs
4/23 Lawmakers Urge Trump Administration to Fully Fund COVID-19 Response for Tribal Nations in Massachusetts
4/20 Joint Organization Letter: Cost-Share Waiver and Funding Adjustment Request
4/14 TSGAC: COVID-19-Related Income: Marketplace and Medicaid Eligibility
3/17 Senate Democrats
3/20 COVID-19 Relief for Small Businesses Act of 2020
3/5 Bi-Partisan Senate Letter to HHS
Congressional Research Service:

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USET/USET SPFCOVID-19RESPONSE AND RELIEF EFFORT