The American Rescue Plan Act, Pub. L. 117-2
TITLE IX—COMMITTEE ON FINANCE
Subtitle A—Crisis Support for Unemployed Workers
PART 1—EXTENSION OF CARES ACT UNEMPLOYMENT PROVISIONS
Sec. 9011. Extension of Pandemic Unemployment Assistance.
Sec. 9012. Extension of emergency unemployment relief for governmental entities
and nonprofit organizations.
Sec. 9013. Extension of Federal Pandemic Unemployment Compensation.
Sec. 9014. Extension of full Federal funding of the first week of compensable regular
unemployment for States with no waiting week.
Sec. 9015. Extension of emergency State staffing flexibility.
Sec. 9016. Extension of pandemic emergency unemployment compensation.
Sec. 9017. Extension of temporary financing of short-time compensation payments
in States with programs in law.
Sec. 9018. Extension of temporary financing of short-time compensation agreements
for States without programs in law.
H. R. 1319—5
PART 2—EXTENSION OF FFCRA UNEMPLOYMENT PROVISIONS
Sec. 9021. Extension of temporary assistance for States with advances.
Sec. 9022. Extension of full Federal funding of extended unemployment compensation.
PART 3—DEPARTMENT OF LABOR FUNDING FOR TIMELY, ACCURATE, AND EQUITABLE
PAYMENT
Sec. 9031. Funding for administration.
Sec. 9032. Funding for fraud prevention, equitable access, and timely payment to
eligible workers.
PART 4—OTHER PROVISIONS
Sec. 9041. Extension of limitation on excess business losses of noncorporate taxpayers.
Sec. 9042. Suspension of tax on portion of unemployment compensation.
Subtitle B—Emergency Assistance to Families Through Home Visiting Programs
Sec. 9101. Emergency assistance to families through home visiting programs.
Subtitle C—Emergency Assistance to Children and Families
Sec. 9201. Pandemic Emergency Assistance.
Subtitle D—Elder Justice and Support Guarantee
Sec. 9301. Additional funding for aging and disability services programs.
Subtitle E—Support to Skilled Nursing Facilities in Response to COVID–19
Sec. 9401. Providing for infection control support to skilled nursing facilities
through contracts with quality improvement organizations.
Sec. 9402. Funding for strike teams for resident and employee safety in skilled
nursing facilities.
Subtitle F—Preserving Health Benefits for Workers
Sec. 9501. Preserving health benefits for workers.
Subtitle G—Promoting Economic Security
PART 1—2021 RECOVERY REBATES TO INDIVIDUALS
Sec. 9601. 2021 recovery rebates to individuals.
PART 2—CHILD TAX CREDIT
Sec. 9611. Child tax credit improvements for 2021.
Sec. 9612. Application of child tax credit in possessions.
PART 3—EARNED INCOME TAX CREDIT
Sec. 9621. Strengthening the earned income tax credit for individuals with no
qualifying children.
Sec. 9622. Taxpayer eligible for childless earned income credit in case of qualifying
children who fail to meet certain identification requirements.
Sec. 9623. Credit allowed in case of certain separated spouses.
Sec. 9624. Modification of disqualified investment income test.
Sec. 9625. Application of earned income tax credit in possessions of the United
States.
Sec. 9626. Temporary special rule for determining earned income for purposes of
earned income tax credit.
PART 4—DEPENDENT CARE ASSISTANCE
Sec. 9631. Refundability and enhancement of child and dependent care tax credit.
Sec. 9632. Increase in exclusion for employer-provided dependent care assistance.
PART 5—CREDITS FOR PAID SICK AND FAMILY LEAVE
Sec. 9641. Payroll credits.
Sec. 9642. Credit for sick leave for certain self-employed individuals.
Sec. 9643. Credit for family leave for certain self-employed individuals.
PART 6—EMPLOYEE RETENTION CREDIT
Sec. 9651. Extension of employee retention credit.
PART 7—PREMIUM TAX CREDIT
Sec. 9661. Improving affordability by expanding premium assistance for consumers.
H. R. 1319—6
Sec. 9662. Temporary modification of limitations on reconciliation of tax credits for
coverage under a qualified health plan with advance payments of such
credit.
Sec. 9663. Application of premium tax credit in case of individuals receiving unemployment
compensation during 2021.
PART 8—MISCELLANEOUS PROVISIONS
Sec. 9671. Repeal of election to allocate interest, etc. on worldwide basis.
Sec. 9672. Tax treatment of targeted EIDL advances.
Sec. 9673. Tax treatment of restaurant revitalization grants.
Sec. 9674. Modification of exceptions for reporting of third party network transactions.
Sec. 9675. Modification of treatment of student loan forgiveness.
Subtitle H—Pensions
Sec. 9701. Temporary delay of designation of multiemployer plans as in endangered,
critical, or critical and declining status.
Sec. 9702. Temporary extension of the funding improvement and rehabilitation periods
for multiemployer pension plans in critical and endangered status
for 2020 or 2021.
Sec. 9703. Adjustments to funding standard account rules.
Sec. 9704. Special financial assistance program for financially troubled multiemployer
plans.
Sec. 9705. Extended amortization for single employer plans.
Sec. 9706. Extension of pension funding stabilization percentages for single employer
plans.
Sec. 9707. Modification of special rules for minimum funding standards for community
newspaper plans.
Sec. 9708. Expansion of limitation on excessive employee remuneration.
Subtitle I—Child Care for Workers
Sec. 9801. Child care assistance.
Subtitle J—Medicaid
Sec. 9811. Mandatory coverage of COVID–19 vaccines and administration and
treatment under Medicaid.
Sec. 9812. Modifications to certain coverage under Medicaid for pregnant and
postpartum women.
Sec. 9813. State option to provide qualifying community-based mobile crisis intervention
services.
Sec. 9814. Temporary increase in FMAP for medical assistance under State Medicaid
plans which begin to expend amounts for certain mandatory individuals.
Sec. 9815. Extension of 100 percent Federal medical assistance percentage to
Urban Indian Health Organizations and Native Hawaiian Health Care
Systems.
Sec. 9816. Sunset of limit on maximum rebate amount for single source drugs and
innovator multiple source drugs.
Sec. 9817. Additional support for Medicaid home and community-based services
during the COVID–19 emergency.
Sec. 9818. Funding for State strike teams for resident and employee safety in nursing
facilities.
Sec. 9819. Special rule for the period of a declared public health emergency related
to coronavirus.
Subtitle K—Children’s Health Insurance Program
Sec. 9821. Mandatory coverage of COVID–19 vaccines and administration and
treatment under CHIP.
Sec. 9822. Modifications to certain coverage under CHIP for pregnant and
postpartum women.
Subtitle L—Medicare
Sec. 9831. Floor on the Medicare area wage index for hospitals in all-urban States.
Sec. 9832. Secretarial authority to temporarily waive or modify application of certain
Medicare requirements with respect to ambulance services furnished
during certain emergency periods.
Sec. 9833. Funding for Office of Inspector General.
STATES
Subtitle M—Coronavirus State and Local Fiscal Recovery Funds
SEC. 9901. CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS.
(a) IN GENERAL.—Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by adding at the end the following:
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND.
‘‘(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated—
‘‘(1) $219,800,000,000, to remain available through December 31, 2024, for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19); and
‘‘(2) $50,000,000, to remain available until expended, for the costs of the Secretary for administration of the funds established under this title.
‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
‘‘(1) PAYMENTS TO TERRITORIES.—
‘‘(A) IN GENERAL.—The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection
(a)(1) to make payments to the territories.
‘‘(B) ALLOCATION.—Of the amount reserved under subparagraph (A)—
‘‘(i) 50 percent of such amount shall be allocated by the Secretary equally to each territory; and
‘‘(ii) 50 percent of such amount shall be allocated by the Secretary as an additional amount to each territory
in an amount which bears the same proportion to 1⁄2 of the total amount reserved under subparagraph
(A) as the population of the territory bears to the total population of all such territories.
‘‘(C) PAYMENT.—The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B) in accordance with paragraph (6).
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
‘‘(A) IN GENERAL.—The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a)(1) to make payments to Tribal governments.
‘‘(B) ALLOCATION.—Of the amount reserved under subparagraph (A)—
‘‘(i) $1,000,000,000 shall be allocated by the Secretary equally among each of the Tribal governments;
and
‘‘(ii) $19,000,000,000 shall be allocated by the Secretary to the Tribal governments in a manner determined
by the Secretary.
‘‘(C) PAYMENT.— The Secretary shall pay each Tribal government the total of the amounts allocated for the Tribal government under subparagraph (B) in accordance with paragraph (6).
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES AND THE DISTRICT OF COLUMBIA.—
‘‘(A) IN GENERAL.—The Secretary shall reserve $195,300,000,000 of the amount appropriated under subsection (a)(1) to make payments to each of the 50 States and the District of Columbia.
‘‘(B) ALLOCATIONS.—Of the amount reserved under subparagraph (A)—
‘‘(i) $25,500,000,000 of such amount shall be allocated by the Secretary equally among each of the 50
States and the District of Columbia;
‘‘(ii) an amount equal to $1,250,000,000 less the amount allocated for the District of Columbia pursuant
to section 601(c)(6) shall be allocated by the Secretary as an additional amount to the District of Columbia;
and
‘‘(iii) an amount equal to the remainder of the amount reserved under subparagraph (A) after the application of clauses (i) and (ii) of this subparagraph shall be allocated by the Secretary as an additional amount to each of the 50 States and the District of Columbia in an amount which bears the same proportion to such remainder as the average estimated number of seasonally-adjusted unemployed individuals (as measured by the Bureau of Labor Statistics Local Area Unemployment Statistics program) in the State or District of Columbia over the 3-month period ending with December 2020 bears to the average estimated number of seasonally-adjusted unemployed individuals in all of the 50 States and the District of Columbia over the same period.
‘‘(C) PAYMENT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), the Secretary shall pay each of the 50 States and the District of Columbia, from the amount reserved under subparagraph (A), the total of the amounts allocated for the
State and District of Columbia under subparagraph (B) in accordance with paragraph (6).
‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
‘‘(I) IN GENERAL.—The sum of—
‘‘(aa) the total amounts allocated for 1 of the 50 States or the District of Columbia under subparagraph (B) (as determined without regard to this clause); and
‘‘(bb) the amounts allocated under section 603 to the State (for distribution by the State to nonentitlement units of local government in the State) and to metropolitan cities and counties in the State; shall not be less than the amount allocated to the State or District of Columbia for fiscal year 2020 under section 601, including any amount paid directly to a unit of local government in the State under such section.
‘‘(II) PRO RATA ADJUSTMENT.—The Secretary shall adjust on a pro rata basis the amount of the allocations for each of the 50 States and the District of Columbia determined under subparagraph (B)(iii) (without regard to this clause) tot he extent necessary to comply with the requirement of subclause (I).
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—The amounts otherwise determined for allocation and payment under paragraphs (1), (2), and (3) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are allocated to States, territories, and Tribal governments in accordance with the requirements specified in each such paragraph (as applicable).
‘‘(5) POPULATION DATA.—For purposes of determining allocations for a territory under this section, the population of the territory shall be determined based on the most recent data available from the Bureau of the Census.
‘‘(6) TIMING.—
‘‘(A) STATES AND TERRITORIES.—
‘‘(i) IN GENERAL.—To the extent practicable, subject to clause (ii), with respect to each State and territory allocated a payment under this subsection, the Secretary shall make the payment required for the State
or territory not later than 60 days after the date on which the certification required under subsection (d)(1)
is provided to the Secretary.
‘‘(ii) AUTHORITY TO SPLIT PAYMENT.—
‘‘(I) IN GENERAL.—The Secretary shall have the authority to withhold payment of up to 50 percent of the amount allocated to each State and territory (other than payment of the amount allocated under paragraph (3)(B)(ii) to the District of Columbia) for a period of up to 12 months from the date on which the State or territory provides the certification required under subsection (d)(1).
The Secretary shall exercise such authority with respect to a State or territory based on the
unemployment rate in the State or territory as of such date.
‘‘(II) PAYMENT OF WITHHELD AMOUNT.—Before paying to a State or territory the remainder of
an amount allocated to the State or territory (subject to subclause (III)) that has been withheld by
the Secretary under subclause (I), the Secretary shall require the State or territory to submit a
second certification under subsection (d)(1), in addition to such other information as the Secretary
may require.
‘‘(III) RECOVERY OF AMOUNTS SUBJECT TORECOUPMENT.—If a State or territory is required
under subsection (e) to repay funds for failing to comply with subsection (c), the Secretary may
reduce the amount otherwise payable to the State or territory under subclause (II) by the amount
that the State or territory would otherwise be required to repay under such subsection (e).
‘‘(B) TRIBAL GOVERNMENTS.—To the extent practicable, with respect to each Tribal government for which an
amount is allocated under this subsection, the Secretary shall make the payment required for the Tribal government not later than 60 days after the date of enactment of this section.
‘‘(C) INITIAL PAYMENT TO DISTRICT OF COLUMBIA.—The Secretary shall pay the amount allocated under paragraph (3)(B)(ii) to the District of Columbia not later than 15 days after the date of enactment of this section.
‘‘(c) REQUIREMENTS.—
‘‘(1) USE OF FUNDS.—Subject to paragraph (2), and except as provided in paragraph (3), a State, territory, or Tribal government shall only use the funds provided under a payment made under this section, or transferred pursuant to section 603(c)(4), to cover costs incurred by the State, territory, or Tribal government, by December 31, 2024—
‘‘(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or
its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to
impacted industries such as tourism, travel, and hospitality;
‘‘(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers of the State, territory, or Tribal government that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
‘‘(C) for the provision of government services to the extent of the reduction in revenue of such State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or
‘‘(D) to make necessary investments in water, sewer, or broadband infrastructure.
‘‘(2) FURTHER RESTRICTION ON USE OF FUNDS.—
‘‘(A) IN GENERAL.—A State or territory shall not use the funds provided under this section or transferred pursuant to section 603(c)(4) to either directly or indirectly offset a reduction in the net tax revenue of such State or territory resulting from a change in law, regulation, or administrative interpretation during the covered period that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase.
‘‘(B) PENSION FUNDS.—No State or territory may use funds made available under this section for deposit into any pension fund.
‘‘(3) TRANSFER AUTHORITY.—A State, territory, or Tribal government receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), a Tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), a public benefit corporation involved in the transportation of passengers or cargo, or
a special-purpose unit of State or local government.
‘‘(d) CERTIFICATIONS AND REPORTS.—
‘‘(1) IN GENERAL.—In order for a State or territory to receive a payment under this section, or a transfer of funds under section 603(c)(4), the State or territory shall provide the Secretary with a certification, signed by an authorized officer of such State or territory, that such State or territory requires the payment or transfer to carry out the activities specified in subsection (c) of this section and will use any payment under this section, or transfer of funds under section 603(c)(4), in compliance with subsection (c) of this section.
‘‘(2) REPORTING.—Any State, territory, or Tribal government receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of—
‘‘(A) the uses of funds by such State, territory, or Tribal government, including, in the case of a State or a territory, all modifications to the State’s or territory’s tax revenue sources during the covered period; and
‘‘(B) such other information as the Secretary may require for the administration of this section.
‘‘(e) RECOUPMENT.—Any State, territory, or Tribal government that has failed to comply with subsection (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection, provided that, in the case of a violation of subsection (c)(2)(A), the amount the State or territory
shall be required to repay shall be lesser of—
‘‘(1) the amount of the applicable reduction to net tax revenue attributable to such violation; and
‘‘(2) the amount of funds received by such State or territory pursuant to a payment made under this section or a transfer made under section 603(c)(4).
‘‘(f) REGULATIONS.—The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COVERED PERIOD.—The term ‘covered period’ means, with respect to a State, territory, or Tribal government, the period that—
‘‘(A) begins on March 3, 2021; and
‘‘(B) ends on the last day of the fiscal year of such State, territory, or Tribal government in which all funds
received by the State, territory, or Tribal government from a payment made under this section or a transfer made under section 603(c)(4) have been expended or returned to, or recovered by, the Secretary.
‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible workers’ means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each Governor of a State or territory, or each Tribal government, may designate as critical to protect the health and wellbeing of the residents of their State, territory, or Tribal government.
‘‘(3) PREMIUM PAY.—The term ‘premium pay’ means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID–19 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.
‘‘(5) STATE.—The term ‘State’ means each of the 50 States and the District of Columbia.
‘‘(6) TERRITORY.—The term ‘territory’ means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
‘‘(7) TRIBAL GOVERNMENT.—The term ‘Tribal Government’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND.
‘‘(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $130,200,000,000, to remain available through December 31, 2024, for making payments under this section to metropolitan cities, nonentitlement units of
local government, and counties to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19).
‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
‘‘(1) METROPOLITAN CITIES.—
‘‘(A) IN GENERAL.—Of the amount appropriated under subsection (a), the Secretary shall reserve $45,570,000,000 to make payments to metropolitan cities.
‘‘(B) ALLOCATION AND PAYMENT.—From the amount reserved under subparagraph (A), the Secretary shall allocate and, in accordance with paragraph (7), pay to each metropolitan city an amount determined for the metropolitan city consistent with the formula under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)), except that, in applying such formula, the Secretary shall substitute ‘all metropolitan cities’ for ‘all metropolitan areas’ each place it appears.
‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOVERNMENT.—
‘‘(A) IN GENERAL.—Of the amount appropriated under subsection (a), the Secretary shall reserve $19,530,000,000 to make payments to States for distribution by the State to nonentitlement units of local government in the State.
‘‘(B) ALLOCATION AND PAYMENT.—From the amount reserved under subparagraph (A), the Secretary shall allocate and, in accordance with paragraph (7), pay to each State an amount which bears the same proportion to such reserved amount as the total population of all areas that are non-metropolitan cities in the State bears to the total population of all areas that are non-metropolitan cities in all such States.
‘‘(C) DISTRIBUTION TO NONENTITLEMENT UNITS OF LOCAL GOVERNMENT.—
‘‘(i) IN GENERAL.—Not later than 30 days after a State receives a payment under subparagraph (B),
the State shall distribute to each nonentitlement unit of local government in the State an amount that bears
the same proportion to the amount of such payment as the population of the nonentitlement unit of local
government bears to the total population of all the nonentitlement units of local government in the State,
subject to clause (iii).
‘‘(ii) DISTRIBUTION OF FUNDS.—
‘‘(I) EXTENSION FOR DISTRIBUTION.—If an authorized officer of a State required to make distributions under clause (i) certifies in writing to the Secretary before the end of the 30-day distribution period described in such clause that it would constitute an excessive administrative burden for the State to meet the terms of such clause with respect to 1 or more such distributions, the authorized officer may request, and the Secretary shall grant, an extension of such period of not more than 30 days to allow the State to make such
distributions in accordance with clause (i).
‘‘(II) ADDITIONAL EXTENSIONS.—
‘‘(aa) IN GENERAL.—If a State has been granted an extension to the distribution period under subclause (I) but is unable to make all the distributions required under clause (i) before the end of such period as extended, an authorized officer of the State may request an additional extension of the distribution period of not more than 30 days. The Secretary may grant a request for an additional extension of such period only if—
‘‘(AA) the authorized officer making such request provides a written plan to the Secretary specifying, for each distribution for which an additional extension is requested, when the State expects to make such distribution and the actions the State has taken and will take in order to make all such distributions before the end of
the distribution period (as extended under subclause (I) and this subclause); and
‘‘(BB) the Secretary determines that such plan is reasonably designed to distribute all such funds to nonentitlement units of local government by the end of the distribution period (as so extended).
‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—
If a State granted an additional extension of the distribution period under item (aa) requires any further additional extensions of such period, the request only may be made and granted subject to the requirements specified in item (aa).
‘‘(iii) CAPPED AMOUNT.—The total amount distributed to a nonentitlement unit of local government under this paragraph may not exceed the amount equal to 75 percent of the most recent budget for the nonentitlement unit of local government as of January 27, 2020.
‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any amounts not distributed to a nonentitlement unit of local government as a result of the application of clause (iii) shall be returned to the Secretary.
‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by the end of the 120-day period that begins on the date a State
receives a payment from the amount allocated under subparagraph (B) or, if later, the last day of the distribution period for the State (as extended with respect to the State under subparagraph (C)(ii)), such State has failed to make all the distributions from such payment in accordance with the terms of subparagraph (C) (including any extensions of the distribution period granted in accordance with such subparagraph), an amount equal to the amount of such payment that remains undistributed as of such date shall be booked as a debt of such State owed to the Federal Government, shall be paid back from the State’s allocation provided under section 602(b)(3)(B)(iii), and shall be deposited into the general fund of the Treasury.
‘‘(3) COUNTIES.—
‘‘(A) AMOUNT.—From the amount appropriated under subsection (a), the Secretary shall reserve and allocate
$65,100,000,000 of such amount to make payments directly to counties in an amount which bears the same proportion to the total amount reserved under this paragraph as the population of each such county bears to the total population of all such entities and shall pay such allocated amounts to such counties in accordance with paragraph (7).
‘‘(B) SPECIAL RULES.—
‘‘(i) URBAN COUNTIES.—No county that is an ‘urban county’ (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) shall receive less than the amount the county would
otherwise receive if the amount paid under this paragraph were allocated to metropolitan cities and urban
counties under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)).
‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GENERAL LOCAL GOVERNMENT.—In the case of an amount to
be paid to a county that is not a unit of general local government, the amount shall instead be paid
to the State in which such county is located, and such State shall distribute such amount to each unit of
general local government within such county in an amount that bears the same proportion to the amount
to be paid to such county as the population of such units of general local government bears to the total
population of such county.
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes of this paragraph, the District of Columbia shall be considered
to consist of a single county that is a unit of general local government.
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit of general local government that has formed a consolidated government, or that is geographically contained (in full or in part) within the boundaries of another unit of general local government may receive a distribution under each of paragraphs (1), (2), and (3), as applicable, based on the respective formulas specified in such paragraphs.
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—The amounts otherwise determined for allocation and payment under paragraphs (1), (2), and (3) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are distributed to metropolitan cities, counties, and States in accordance with the requirements specified in each paragraph (as applicable) and the certification requirement specified in subsection (d).
‘‘(6) POPULATION.—For purposes of determining allocations under this section, the population of an entity shall be determined based on the most recent data are available from the Bureau of the Census or, if not available, from such other data as a State determines appropriate.
‘‘(7) TIMING.—
‘‘(A) FIRST TRANCHE AMOUNT.—To the extent practicable, with respect to each metropolitan city for which
an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Secretary shall pay from such allocation the First Tranche Amount for such city, State, or county not later than 60 days after the date of enactment of this section.
‘‘(B) SECOND TRANCHE AMOUNT.—The Secretary shall pay to each metropolitan city for which an amount is
allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Second Tranche Amount for such city, State, or county not earlier than 12 months after the date on which the First Tranche Amount is paid to the city, State, or county.
‘‘(c) REQUIREMENTS.—
‘‘(1) USE OF FUNDS.—Subject to paragraph (2), and except as provided in paragraphs (3) and (4), a metropolitan city, nonentitlement unit of local government, or county shall only
use the funds provided under a payment made under this section to cover costs incurred by the metropolitan city, nonentitlement unit of local government, or county, by December 31, 2024—
‘‘(A) to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or
its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to
impacted industries such as tourism, travel, and hospitality;
‘‘(B) to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;
‘‘(C) for the provision of government services to the extent of the reduction in revenue of such metropolitan
city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or
‘‘(D) to make necessary investments in water, sewer, or broadband infrastructure.
‘‘(2) PENSION FUNDS.—No metropolitan city, nonentitlement unit of local government, or county may use funds made available under this section for deposit into any pension fund.
‘‘(3) TRANSFER AUTHORITY.—A metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), a public benefit corporation involved in the transportation of passengers
or cargo, or a special-purpose unit of State or local government.
‘‘(4) TRANSFERS TO STATES.—Notwithstanding paragraph (1), a metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section may transfer such funds to the State in which such entity is located.
‘‘(d) REPORTING.—Any metropolitan city, nonentitlement unit of local government, or county receiving funds provided under a payment made under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of such funds by such metropolitan city, nonentitlement unit of local
government, or county and including such other information as the Secretary may require for the administration of this section.
‘‘(e) RECOUPMENT.—Any metropolitan city, nonentitlement unit of local government, or county that has failed to comply with subsection (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection.
‘‘(f) REGULATIONS.—The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) COUNTY.—The term ‘county’ means a county, parish, or other equivalent county division (as defined by the Bureau of the Census).
‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible workers’ means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each chief executive officer of a metropolitan city, nonentitlement unit of local government, or county may designate as critical to protect the health and well-being of the residents of their metropolitan city, nonentitlement unit of local government,
or county.
‘‘(3) FIRST TRANCHE AMOUNT.—The term ‘First Tranche Amount’ means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), 50 percent of the amount so allocated to such
metropolitan city, State, or county (as applicable).
‘‘(4) METROPOLITAN CITY.—The term ‘metropolitan city’ has the meaning given that term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021.
‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOVERNMENT.—The term ‘nonentitlement unit of local government’ means a ‘city’, as that term is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(5))), that is not a metropolitan city.
‘‘(6) PREMIUM PAY.—The term ‘premium pay’ has the meaning given such term in section 602(g).
‘‘(7) SECOND TRANCHE AMOUNT.—The term ‘Second Tranche Amount’ means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), an amount not to exceed 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable).
‘‘(8) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.
‘‘(9) STATE.—The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
‘‘(10) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘unit of general local government’ has the meaning given that term in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)).
‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUND.
‘‘(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until expended, for making payments to States, territories, and Tribal governments to carry out critical capital
projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID–19).
‘‘(b) PAYMENTS.—
‘‘(1) MINIMUM AMOUNTS.—From the amount appropriated under subsection (a)—
‘‘(A) the Secretary shall pay $100,000,000 to each State;
‘‘(B) the Secretary shall pay $100,000,000 of such amount in equal shares to the United States Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of Palau; and
‘‘(C) the Secretary shall pay $100,000,000 of such amount in equal shares to Tribal governments and the
State of Hawaii (in addition to the amount paid to the State of Hawaii under subparagraph (A)), of which—
‘‘(i) not less than $50,000 shall be paid to each Tribal government; and
‘‘(ii) not less than $50,000, and not more than $200,000, shall be paid to the State of Hawaii for the exclusive use of the Department of Hawaiian Home Lands and the Native Hawaiian Education Programs to assist Native Hawaiians in accordance with this section.
‘‘(2) REMAINING AMOUNTS.—
‘‘(A) IN GENERAL.—From the amount of the appropriation under subsection (a) that remains after the application of paragraph (1), the Secretary shall make payments to States based on population such that—
‘‘(i) 50 percent of such amount shall be allocated among the States based on the proportion that the
population of each State bears to the population of all States;
‘‘(ii) 25 percent of such amount shall be allocated among the States based on the proportion that the
number of individuals living in rural areas in each State bears to the number of individuals living in
rural areas in all States; and
‘‘(iii) 25 percent of such amount shall be allocated among the States based on the proportion that the
number of individuals with a household income that is below 150 percent of the poverty line applicable
to a family of the size involved in each State bears to the number of such individuals in all States.
‘‘(B) DATA.—In determining the allocations to be made to each State under subparagraph (A), the Secretary of the Treasury shall use the most recent data available from the Bureau of the Census.
‘‘(c) TIMING.—The Secretary shall establish a process of applying for grants to access funding made available under section (b) not later than 60 days after enactment of this section.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.
‘‘(2) STATE.—The term ‘State’ means each of the 50 States, the District of Columbia, and Puerto Rico.
‘‘(3) TRIBAL GOVERNMENT.—The term ‘Tribal government’ has the meaning given such term in section 602(g).
‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.
‘‘(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2022 and 2023 in accordance
with subsection (b), for making payments under this section to eligible revenue sharing counties and eligible Tribal governments.
‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHARING COUNTIES.—
For each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Secretary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with September 30, 2021.
‘‘(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERNMENTS.—For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe.
‘‘(c) USE OF PAYMENTS.—An eligible revenue sharing county or an eligible Tribal government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity.
‘‘(d) REPORTING REQUIREMENT.—Any eligible revenue sharing county receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county and such other information as the Secretary may require for the administration of this section.
‘‘(e) RECOUPMENT.—Any eligible revenue sharing county that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to—
‘‘(1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection;
and
‘‘(2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county under this section for all fiscal years.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE REVENUE SHARING COUNTY.—The term ‘eligible revenue sharing county’ means—
‘‘(A) a county, parish, or borough—
‘‘(i) that is independent of any other unit of local government; and
‘‘(ii) that, as determined by the Secretary, is the principal provider of government services for the area
within its jurisdiction; and
‘‘(iii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation
of a Federal program or changes to such program;
and
‘‘(B) the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.
‘‘(2) ELIGIBLE TRIBAL GOVERNMENT.—The term ‘eligible Tribal government’ means the recognized governing body of an eligible Tribe.
‘‘(3) ELIGIBLE TRIBE.—The term ‘eligible Tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this section pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.’’.
(b) CONFORMING AMENDMENT.—The heading for title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by striking ‘‘FUND’’ and inserting ‘‘, FISCAL RECOVERY, AND CRITICAL CAPITAL PROJECTS FUNDS’’.
Subtitle A—Education Matters
PART 1—DEPARTMENT OF EDUCATION
SEC. 2001. ELEMENTARY AND SECONDARY SCHOOL EMERGENCY RELIEF FUND.
(a) IN GENERAL.—In addition to amounts otherwise available through the Education Stabilization Fund, there is appropriated to the Department of Education for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $122,774,800,000, to remain available through September 30, 2023, to carry out this section.
(b) GRANTS.—From funds provided under subsection (a), the Secretary shall—
(1) use $800,000,000 for the purposes of identifying homeless children and youth and providing homeless children and youth with—
(A) wrap-around services in light of the challenges of COVID–19; and
(B) assistance needed to enable homeless children and youth to attend school and participate fully in school activities; and
(2) from the remaining amounts, make grants to each State educational agency in accordance with this section.
(c) ALLOCATIONS TO STATES.—The amount of each grant under subsection (b) shall be allocated by the Secretary to each State in the same proportion as each State received under part A of title I of the Elementary and Secondary Education Act of 1965 in the most recent fiscal year.
(d) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.—
(1) IN GENERAL.—Each State shall allocate not less than 90 percent of the grant funds awarded to the State under this section as subgrants to local educational agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local educational agencies and charter schools that are local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 in the most recent fiscal year.
(2) AVAILABILITY OF FUNDS.—Each State shall make allocations under paragraph (1) to local educational agencies in an expedited and timely manner and, to the extent practicable, not later than 60 days after the receipt of such funds.
(e) USES OF FUNDS.—A local educational agency that receives funds under this section—
(1) shall reserve not less than 20 percent of such funds to address learning loss through the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that such interventions respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; and
(2) shall use the remaining funds for any of the following:
(A) Any activity authorized by the Elementary and Secondary Education Act of 1965.
(B) Any activity authorized by the Individuals with Disabilities Education Act.
(C) Any activity authorized by the Adult Education and Family Literacy Act.
(D) Any activity authorized by the Carl D. Perkins Career and Technical Education Act of 2006.
(E) Coordination of preparedness and response efforts of local educational agencies with State, local, Tribal, and territorial public health departments, and other relevant agencies, to improve coordinated responses among such entities to prevent, prepare for, and respond to coronavirus.
(F) Activities to address the unique needs of low-income children or students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and foster care youth, including how outreach and service delivery will meet the needs of each population.
(G) Developing and implementing procedures and systems to improve the preparedness and response efforts of local educational agencies.
(H) Training and professional development for staff of the local educational agency on sanitation and minimizing the spread of infectious diseases.
(I) Purchasing supplies to sanitize and clean the facilities of a local educational agency, including buildings operated by such agency.
(J) Planning for, coordinating, and implementing activities during long-term closures, including providing meals to eligible students, providing technology for online learning to all students, providing guidance for carrying out requirements under the Individuals with Disabilities Education Act and ensuring other educational services can continue to be provided consistent with all Federal, State, and local requirements.
(K) Purchasing educational technology (including hardware, software, and connectivity) for students who are served by the local educational agency that aids in regular and substantive educational interaction between students and their classroom instructors, including low-income students and children with disabilities, which may include assistive technology or adaptive equipment.
(L) Providing mental health services and supports, including through the implementation of evidence-based full-service community schools.
(M) Planning and implementing activities related to summer learning and supplemental afterschool programs, including providing classroom instruction or online learning during the summer months and addressing the needs of low-income students, children with disabilities, English learners, migrant students, students experiencing homelessness, and children in foster care.
(N) Addressing learning loss among students, including low-income students, children with disabilities, English learners, racial and ethnic minorities, students experiencing homelessness, and children and youth in foster care, of the local educational agency, including by—
(i) administering and using high-quality assessments that are valid and reliable, to accurately assess students’ academic progress and assist educators in meeting students’ academic needs, including through differentiating instruction;
(ii) implementing evidence-based activities to meet the comprehensive needs of students;
(iii) providing information and assistance to parents and families on how they can effectively support
students, including in a distance learning environment;
and
(iv) tracking student attendance and improving student engagement in distance education.
(O) School facility repairs and improvements to enable operation of schools to reduce risk of virus transmission and exposure to environmental health hazards, and to support student health needs.
(P) Inspection, testing, maintenance, repair, replacement, and upgrade projects to improve the indoor air
quality in school facilities, including mechanical and nonmechanical heating, ventilation, and air conditioning systems, filtering, purification and other air cleaning, fans, control systems, and window and door repair and replacement.
(Q) Developing strategies and implementing public health protocols including, to the greatest extent practicable, policies in line with guidance from the Centers for Disease Control and Prevention for the reopening and operation of school facilities to effectively maintain the health and safety of students, educators, and other staff.
(R) Other activities that are necessary to maintain the operation of and continuity of services in local educational agencies and continuing to employ existing staff of the local educational agency.
(f) STATE FUNDING.—With funds not otherwise allocated under subsection (d), a State—
(1) shall reserve not less than 5 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, activities to address learning loss by supporting the implementation of evidence-based interventions, such as summer learning or summer enrichment, extended day, comprehensive afterschool programs, or extended school year programs, and ensure that
such interventions respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student subgroups described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing
homelessness, and children and youth in foster care, including by providing additional support to local educational agencies to fully address such impacts;
(2) shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based summer enrichment programs, and ensure such programs respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)),
students experiencing homelessness, and children and youth in foster care;
(3) shall reserve not less than 1 percent of the total amount of grant funds awarded to the State under this section to carry out, directly or through grants or contracts, the implementation of evidence-based comprehensive afterschool programs, and ensure such programs respond to students’ academic, social, and emotional needs and address the disproportionate impact of the coronavirus on the student populations
described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), students experiencing homelessness, and children and youth in foster care; and
(4) may reserve not more than one-half of 1 percent of the total amount of grant funds awarded to the State under this section for administrative costs and the remainder for emergency needs as determined by the State educational agency to address issues responding to coronavirus, which may be addressed through the use of grants or contracts.
(g) REALLOCATION.—A State shall return to the Secretary any funds received under this section that the State does not award within 1 year of receiving such funds and the Secretary shall reallocate such funds to the remaining States in accordance with subsection (c).
(h) DEFINITIONS.—In this section—
(1) the terms ‘‘child’’, ‘‘children with disabilities’’, ‘‘distance education’’, ‘‘elementary school’’, ‘‘English learner’’, ‘‘evidence-based’’, ‘‘secondary school’’, ‘‘local educational agency’’, ‘‘parent’’, ‘‘Secretary’’, ‘‘State educational agency’’, and ‘‘technology’’ have the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801);
(2) the term ‘‘full-service community school’’ has the meaning given that term in section 4622(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7272(2)); and
(3) the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(i) SAFE RETURN TO IN-PERSON INSTRUCTION.—
(1) IN GENERAL.—A local educational agency receiving funds under this section shall develop and make publicly available on the local educational agency’s website, not later than 30 days after receiving the allocation of funds described in paragraph (d)(1), a plan for the safe return to in-person instruction
and continuity of services.
(2) COMMENT PERIOD.—Before making the plan described in paragraph (1) publicly available, the local educational agency shall seek public comment on the plan and take such comments into account in the development of the plan.
(3) PREVIOUS PLANS.—If a local educational agency has developed a plan for the safe return to in-person instruction before the date of enactment of this Act that meets the requirements described in paragraphs (1) and (2), such plan shall be deemed to satisfy the requirements under this subsection.
LAWSUITS: schools preemption
A.T as parent and next friend of E.T. v. Abbott, No. 1:21-cv-717 (W.D. Tex., filed August 17, 2021)
Complaint
Motion for TRO, with exhibits, August 18, 2021
Proposed scheduling order, with question about proper parties, September 1, 2021
Scheduling order, September 3, 2021
Defendants’ memo re proper parties, September 3, 2021
Plaintiffs’ memo re proper parties, September 7, 2021
Plaintiffs’ supplemental TRO memo, September 8, 2021
Scheduling order, September 9, 2021
======
LAWSUITS: funding for states
Republican AGs letter re section 9901, March 16, 2021
Secretary Yellen’s response, March 23, 2021
Response-to-State-Attorneys-General-Inquiries-on-Implementation-of-Section-9901-of-the-ARP-Act
Interim final rule, 86 Fed. Reg. 26,786 (May 17, 2021)
Final rule, 87 Fed. Reg. 4338 (Jan. 27, 2022)
There are six tax-offset cases – seven, if you treat Kentucky’s case and Tennessee’s case as two separate cases because of their differing results.
At present (1/29/23), there is one district court decision holding that the tax-offset provision is unconstitutionally coercive (Northern Texas); two Circuit decisions holding that the tax-offset provision does not give clear notice to States (6th Circuit/Tennessee, 11th Circuit/West Virginia); three decisions holding that States lack standing or there are other procedural reasons to deny relief (Eighth Circuit/Missouri, Sixth Circuit/Ohio, Sixth Circuit/Kentucky), and one case fully briefed and pending at the district court level (Arizona).
West Virginia v. Yellen, No. 7:21-cv-465 (N.D. Ala.) (no clear statement), 21-10168 (11th Cir.) (no clear statement)
Arizona v. Yellen, No. 2:21-cv-514 (D. Ariz.) (no standing), 21-16627 (9th Cir.) (yes standing), pending again in district court, fully briefed, awaiting US reaction to 6th Cir. decision
Kentucky v. Yellen, No. 3:21-cv-17 (E.D. Ky.) (unconstitutionally coercive), 21-6108 (6th Cir.) (no clear statement)
Missouri v. Yellen, No. 4:21-cv-376 (E.D. Mo.) (no standing), 21-2118 (8th Cir.) (no standing), 22-352 (cert denied)
Ohio v. Yellen, No. 1:21-cv-181 (S.D. Ohio) (unconstitutionally vague), 21-3646 and -3787 (6th Cir.) (no standing)
Texas v. Yellen, 2:21-cv-79 (N.D. Tex.) (unconstitutionally coercive), 22-10560 (5th Cir.), fully briefed, oral argument set for 4/3/23.
Coercion and commandeering
In the Northern Texas case (of course there has to be a Northern Texas case), Texas v. Yellen, No. 2:21-cv-79 (N.D. Tex.), Judge Kacsmaryk decided
Opinion, April 8, 2022
— F.Supp.3d —- 2022 WL 1063088, that the condition was unconstitutionally coercive and commandeered the States.
The U.S. filed a notice of appeal June 6, 2022, No. 22-10560 (5th Cir.), and the appeal was fully briefed by the end of the year.
No clear statement?
In the Northern Alabama case, West Virginia v. U.S. Dep’t of Treasury, No. 7:21-cv-465 (N.D. Ala.), Judge Coogler decided
Memorandum of Opinion, November 15, 2021
571 F.Supp.3d 1229, that the condition was unenforceable because it did not provide states with clear notice about what their obligations were. Judge Coogler also indicated that the Treasury Department’s regulations did not cure the problem.
Eleventh Circuit oral argument, in No. 22-10168 (11th Cir.), took place September 13, 2022, in Atlanta, and the Eleventh Circuit then affirmed.
Opinion, January 20, 2023
In the Eastern Kentucky case, Kentucky v. Yellen, No. 3:21-cv-17 (E.D. Ky.), Judge Van Tatenhove decided
Opinion, judgment, September 24, 2021
563 F.Supp.3d 647, that the Tax Mandate, as he called it, was unconstitutionally coercive.
The Sixth Circuit held oral argument, in No. 21-6108 (6th Cir.), July 21, 2022, and then affirmed on vagueness grounds (Tennessee) and reversed on the ground that Kentucky didn’t have standing.
Opinion (KY and TN), November 18, 2022
Standing and ripeness problems? The Ninth Circuit says “Go,” the Eighth Circuit (cert denied) and 1 ½ Sixth Circuit decisions say “Stop.”
In the Arizona case, Arizona v. Yellen, No. 2:21-cv-514 (D. Ariz.),
Order dismissing action for lack of standing, July 22, 2021
550 F.Supp.3d 791, Judge Humetewa dismissed the case for lack of standing/ripeness, but the Ninth Circuit noted, among other things, in No. 21-16227 (9th Cir.), that Arizona had passed a $1.9 billion tax cut and gotten right up to the point of using ARPA funds to offset the cut:
Opinion, May 19, 2022
34 F.4th 841 (9th Cir.). So it remanded.
On remand, the case is now fully briefed, and the court has stayed its decision pending a DOJ decision on what to do in the Kentucky/Tennessee case.
In the Eastern Missouri case, Missouri v. Yellen, No. 3:21-cv-376 (E.D. Mo.), Judge Autrey similarly decided
Opinion, Memorandum, and Order, May 11, 2021
MO v Y opinion memorandum order 5 11 21
538 F.Supp.3d 906, that Missouri and its fellow states lacked standing and their claims were not ripe.
In No. 21-2118 (8th Cir.), the Eighth Circuit affirmed.
Opinion, July 14, 2022
39 F.4th 1063 (8th Cir.).
The Supreme Court denied cert.
(ORDER LIST: 598 U.S.)
TUESDAY, JANUARY 17, 2023
CERTIORARI DENIED
22-352 MISSOURI V. YELLEN, SEC. OF TREASURY, ET AL
In the Southern Ohio case, Ohio v. Yellen, No. 1:21-cv-181 (S.D. Ohio), Judge Cole decided
Opinion, July 1, 2021
547 F.Supp.3d 713, that the condition was unenforceably ambiguous.
The Sixth Circuit held argument, in No. 21-3787 (6th Cir.), in January 2022, and then reversed on the theory that Ohio didn’t have standing.
Opinion, November 18, 2022
Similarly, In the Eastern Kentucky case, Kentucky v. Yellen, No. 3:21-cv-17 (E.D. Ky.), Judge Van Tatenhove decided
Opinion, judgment, September 24, 2021
563 F.Supp.3d 647, that the Tax Mandate, as he called it, was unconstitutionally coercive.
The Sixth Circuit held oral argument, in No. 21-6108 (6th Cir.), July 21, 2022, and then affirmed on vagueness grounds (Tennessee) and reversed on the ground that Kentucky didn’t have standing.
Opinion (KY and TN), November 18, 2022
ALABAMA
West Virginia v. Yellen, No. 7:21-cv-465 (N.D. Ala., filed March 31, 2021)
Complaint
Motion/memo for preliminary injunction, April 13, 2021
| 04/23/2021 | 30 | TEXT ORDER: The Joint Motion to Set a Briefing Schedule 28 is GRANTED. All amicus briefs in support of the plaintiffs Motion for Preliminary Injunction are due by 04/30/2021. The defendants’ response to the plaintiffs Motion for Preliminary Injunction is due by 05/07/2021. All amicus briefs in support of the defendants’ response are due by 05/07/21. The plaintiffs’ reply brief is due by 05/14/2021. All submissions must be in 14-point type, except footnotes may be in 12-point type. Signed by Judge L Scott Coogler on 4/23/2021. (PSM) (Entered: 04/23/2021) |
Members of Congress amicus, April 30, 2021
National Taxpayers Union amicus, April 30, 2021
Chamber of Commerce of the US amicus, April 30, 2021
New Civil Liberties Alliance amicus, April 30, 2021
Notice re parties’ conference, May 3, 2021
US opposition to preliminary injunction, May 7, 2021
US notice re interim final rule, May 11, 2021
US notice of additional authority (Missouri), May 12, 2021
US notice of additional authority (Ohio), May 12, 2021
Wisconsin Legislature intervention request, May 13, 2021
Plaintiffs’ reply memo supporting intervention, May 14, 2021
Order for US response to Wisconsin Legislature request, May 19, 2021
Joint notice, May 19, 2021
Tseytlin pro hac vice application, May 20, 2021
US opposition to Wisconsin Legislature intervention, May 28, 2021
Wisconsin Legislature reply, June 4, 2021
Notice of additional authority (Ohio), July 2, 2021
Order denying preliminary injunction, July 14, 2021
Joint stipulation of facts, July 29, 2021
Plaintiffs’ motion for declaratory judgment, July 29, 2021
US motion to dismiss/opposition to injunction motion, August 12, 2021
Plaintiffs’ reply/opposition, August 19, 2021
US reply, August 26, 2021
States’ notice of additional authority (Kentucky), September 27, 2021
Memorandum of Opinion, and final judgment, November 15, 2021
Notice of appeal, January 14, 2022
Eleventh Circuit # 22-10168
Appellants’ brief, February 23, 2022
11C WV US appellants brief 2 23
Appellees’ brief, March 25, 2022
11C WV WV appellees brief 3 25
New Civil Liberties Alliance amicus, April 1, 2022
11C New Civil Liberties Alliance amicus 4 1
64 Members of Congress (ACLJ) amicus, April 1, 2022
Arizona and other states amicus, April 1, 2022
Chamber of Commerce of US amicus, April 1, 2022
National Taxpayers’ Union amicus, April 4, 2022
US reply brief, April 15, 2022
Notice of additional authority (Texas case), April 21, 2022
11C WV v Y addl auth TX 4 21 22
Notice of additional authority (Arizona case), May 31, 2022
11C WV notice addl auth 96 5 31
US response to additional authority, June 3, 2022
11C US addl auth 9C response 6 3
Order re notices of appearance, June 17, 2022
11C WV v Y order re statement 6 17
US additional authority (Missouri v. Yellen), August 8, 2022
Unopposed US request to use iPad, August 11, 2022
West Virginia response re Missouri, August 16, 2022
Order re iPad, August 17, 2022
| 09/13/2022 | Oral argument held this date. Oral Argument presented by Daniel Winik for Appellants Secretary, U.S. Department of the Treasury, U.S. Department of the Treasury and Inspector General and Lindsay S. See for Appellee State of West Virginia. [Entered: 09/13/2022 12:32 PM] |
US supplemental authority (6th Cir.), November 22, 2022
Plaintiffs’ response to supplemental authority, December 1, 2022
11C pltf response addl auth 12 1 22
Plaintiffs’ supplemental authority (11C Title IX case), January 6, 2023
US response to supplemental authority, January 10, 2023
11C WV US Adams response 1 10 23
Opinion, January 20, 2023
US petition for rehearing en banc, March 6, 2023
=====
ARIZONA
Arizona v. Yellen, No. 2:21-cv-514 (D. Ariz., filed March 25, 2021)
Complaint
| 03/26/2021 | 8 | MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Susan M Brnovich. All further pleadings/papers should now list the following COMPLETE case number: CV-21-514-PHX-SMB. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 03/26/2021) |
Recusal and reassignment, March 26, 2021
Motion for preliminary injunction, with exhibits, April 5, 2021
[]
Joint motion to set briefing schedule, April 14, 2021
Scheduling order, April 16, 2021
National Taxpayers Union amicus, April 23, 2021
Buckeye Institute amicus, April 23, 2021
Chamber of Commerce amicus, April 23, 2021
US opposition to motion for preliminary injunction, April 30, 2021
Arizona motion for leave to exceed page limits on reply brief, including proposed reply brief, May 10, 2021
US opposition to additional pages, May 11, 2021
US notice re interim final rule, May 11, 2021
Arizona reply re additional pages, May 11, 2021
| 05/11/2021 | 37 | ORDER: For good cause showing, IT IS ORDERED that Plaintiff’s Motion for Leave to Exceed Page Limit for its Reply Brief (Doc. 32 ) is GRANTED. Plaintiff may file a Reply in Support of the Motion for Preliminary Injunction that does not exceed 13 pages. ORDERED by Judge Diane J Humetewa on 5/11/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/11/2021) |
US notice of supplemental authority (Missouri), May 12, 2021
US notice of supplemental authority (Ohio), May 12, 2021
Order for supplemental briefing by 6/18, June 11, 2021
Arizona motion to consolidate PI and merits, June 15, 2021
| 06/17/2021 | 46 | ORDER: Pending before the Court is Plaintiff’s Motion for Consolidation Under Rule 65(a)(2) (Doc. 45 ). The Motion was filed one week before oral argument on Plaintiff’s Motion for Preliminary Injunction. The time for Defendant to respond has not yet expired, however, the Court finds a response unnecessary. IT IS ORDERED the Motion for Consolidation (Doc. 45 ) is denied as untimely. ORDERED by Judge Diane J Humetewa on 6/17/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/17/2021) |
US supplemental brief, June 18, 2021
Arizona supplemental brief, June 18, 2021
Arizona response re interim rule, June 18, 2021
| 06/22/2021 | 54 | MINUTE ENTRY for proceedings held before Judge Diane J Humetewa: Oral Argument re: Motion for Preliminary Injunction (Doc. 11 ) held on 6/22/2021. IT IS ORDERED taking the matter under advisement.
APPEARANCES: Wilson Freeman, Drew Ensign and Brunn Roysden, III for Plaintiff. Stephen Ehrlich, Michael Clendenen, and Charles Roberts for Defendants. (Court Reporter Patricia Lyons.) Hearing held 9:33 AM to 10:52 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/22/2021) |
Order consolidating proceedings, June 23, 2021
Arizona motion for extension of time to file supplemental brief, July 2, 2021
| 07/02/2021 | 58 | ORDER: The Court is in receipt of the State’s First Motion for Extension of Time to File Final Briefs (Doc. 57 ). Because the Court does not find good cause, IT IS ORDERED the Motion (Doc. 57 ) is denied. ORDERED by Judge Diane J Humetewa on 7/2/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 07/02/2021) |
Arizona brief re permanent relief, July 7, 2021
US brief opposing motion for final judgment, July 7, 2021
Order dismissing action for lack of standing, July 22, 2021
Judgment, July 22, 2021
Notice of appeal, July 23, 2021
Ninth Circuit # 21-16227
Arizona opening brief, August 20, 2021
Goldwater Institute amicus, August 26, 2021
Ohio et al amicus, August 27, 2021
Chamber of Commerce amicus, August 27, 2021
National Taxpayers’ Union amicus with motion to accept out of time, October 1, 2021
Plaintiff’s notice of additional authority (Kentucky), October 1, 2021
US answering brief, October 5, 2021
| 10/31/2021 | 40 | Notice of Oral Argument on Thursday, January 13, 2022 – 09:30 A.M. – Courtroom 1 – Scheduled Location: San Francisco CA. |
Arizona reply brief, November 5, 2021
Arizona supplemental authority (West Virginia), November 22, 2021
| 01/13/2022 | 50 | ARGUED AND SUBMITTED TO RONALD M. GOULD, MARK J. BENNETT and RYAN D. NELSON. [12340338] (EJF) [Entered: 01/13/2022 02:22 PM] |
US motion to transfer related case, February 1, 2022
US notice re final rule, February 3, 2022
9C US notice re final rule 2 3
Plaintiffs’ response to motion to transfer, February 15, 2022
US reply supporting transfer, February 22, 2022
Opinion, May 19, 2022
AZ petition for partial panel rehearing, July 5, 2022
9C AZ v Y AZ pet partial rh 7 5
Order denying partial petition, July 7, 2022
9C AZ v Y order denying rh 7 7
| 10/06/2022 | 77 | ORDER: This matter is before the Court on remand from the Ninth Circuit Court of Appeals (Doc. 74 ). The Court will set a status conference. IT IS ORDERED that the parties shall meet and confer by October 14, 2022, as to the manner in which they would like to proceed in this matter in light of the Ninth Circuit Mandate and Memorandum Order. IT IS FURTHER ORDERED setting a Status Conference for October 18, 2022, at 2:00 PM in Courtroom 605, 401 West Washington Street, Phoenix, AZ 85003 before Judge Diane J Humetewa. ORDERED by Judge Diane J Humetewa on 10/6/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 10/06/2022) |
Renewed Arizona motion for injunction, October 7, 2022
Arizona motion for consolidation, October 7, 2022
Scheduling order, October 11, 2022
Brief Due Date Page Limit
Plaintiff’s renewed motion for
preliminary and permanent injunction
October 7, 2022,
(already filed) 17 pages
Defendants’ combined opposition to
Plaintiff’s motion and cross motion to
dismiss
November 4, 2022 17 pages
Plaintiff’s combined reply in support
of its motion and opposition to
Defendants’ motion
November 25, 2022 17 pages
Defendants’ reply in support of their
motion December 16, 2022 11 pages
Buckeye Institute motion for leave to file amicus, proposed brief, October 24, 2022
AZ v Yellen Buckeye Inst leave to file amicus mo 10 24 22
AZ v Yellen Buckeye Inst amicus 10 24 22
| 10/31/2022 | 85 | MINUTE ORDER: This matter is directly reassigned to the Honorable Roslyn O. Silver. All future filings shall reflect the following complete case number: CV-21-00514-PHX-ROS. Pending: Plaintiff’s Renewed Motion for a Preliminary and Permanent Injunction (Doc. 78 ) and Amicus Curiae’s Motion for Leave to File Brief (Doc. 83 ). This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS) (Entered: 10/31/2022) |
US summary judgment opposition and motion to dismiss, November 4/7, 2022
AZ v Yellen US sj op ms dism 11 4
Arizona reply/opposition, November 25, 2022
US reply, December 23, 2022
AZ v Yellen US dism reply 12 23 22
Status order, January 10, 2023
AZ v Yellen status order 1 10 23
Joint motion for stay, January 23, 2023
Abeyance order, January 24, 2023
==========
KENTUCKY
Kentucky v. Yellen, No. 3:21-cv-17 (E.D. Ky.)
[]
Opinion, judgment, September 24, 2021
Notice of appeal, November 22, 2021
Sixth Circuit # 21-6108
[Opening brief due 1/18, responsive brief due 2/17]
US opening brief, January 18, 2022
Kentucky Tennessee appellee brief, March 10, 2022
6C KY v Yellen KY appellee br 3 10
Chamber of Commerce of the US amicus, March 11, 2022
6C KY v Yellen C of C amicus 3 11
National Taxpayers Union amicus, March 16, 2022
6C KY v Yellen NTUF amicus 3 16
New Civil Liberties Alliance amicus, March 17, 2022
Arizona amicus, March 17, 2022
US reply brief, April 21, 2022
KY notice of additional authority (Arizona), May 20, 2022
6C KY v Yellen addl auth AZ 5 20
US motion to hold appeal in abeyance, June 2, 2022
6C KY v Yellen US mo abeyance 6 2
US response to additional authority (Arizona), June 3, 2022
6C KY v Yellen US response addl auth AZ 6 3
Plaintiffs’ abeyance opposition, June 3, 2022
6C KY v Yellen pltf abeyance op 6 3
US abeyance reply, June 3, 2022
6C KY v Yellen US abeyance reply 6 3
Order denying abeyance, July 5, 2022
6C KY v Y order denying abeyance 7 5
Order for supplemental briefing, July 12, 2022
6C KY v Y order for supp br 7 12
US supplemental authority (Missouri v. Yellen), July 15, 2022
US supplemental brief, July 18, 2022
Kentucky supplemental brief, July 18, 2022
Kentucky response re Missouri v. Yellen, July 19, 2022
6C KY v Y KY response re MO 7 19
Oral argument note, July 21, 2022
6C KY v Y oral argument record 7 21
Opinion (KY and TN), November 18, 2022
Unopposed US motion for extension of time to file for rehearing en banc, November 29, 2022
Extension order, November 30, 2022
US petition for rehearing en banc, January 18 2023
6C KY v Yellen US pet rheb 1 18 23
Request for response, March 13, 2023
6C KY v Yellen rq resp 3 13 23
=======
MISSOURI
Missouri v. Yellen, No. 4:21-cv-376 (E.D. Mo., filed March 30, 2021)
Complaint
Preliminary injunction motion and memo, April 2, 2021
Order for hearing 5/4, April 15, 2021
Chamber of Commerce amicus, with motion for leave, April 15, 2021
National Taxpayers Union amicus, April 23, 2021
US opposition to preliminary injunction, April 23, 2021
| 05/04/2021 | 25 | ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Henry Edward Autrey: Preliminary Injuction Hearing held on 5/4/2021 via zoom. Parties present. Oral argument heard from both sides re 6 MOTION for Preliminary Injunction filed by State of Missouri. Matter taken under submission. (Court Reporter:Angela Daley, Angela_Daley@moed.uscourts.gov, 314-244-7978) (proceedings started: 11:21 am) (proceedings ended: 12:02 pm) (Deputy Clerk: E. Brown)(Appearance for Plaintiff: John Sauer, Stephen Ehrlich)(Appearance for Defendant: Michael Talent, Charles Roberts, Brian Netter) (EAB) (Entered: 05/04/2021) |
US notice re interim final rule, May 11, 2021
MO v Y interim final rule notice
Opinion, Memorandum, and Order, May 11, 2021
MO v Y opinion memorandum order 5 11 21
Notice of appeal, May 17, 2021
Eighth Circuit # 21-2118
Missouri opening brief, July 14, 2021
Arizona amicus, July 22, 2021
U.S. Chamber of Commerce amicus, July 22, 2021
US appellee brief, September 17, 2021
Missouri reply brief, October 18, 2021
[Oral argument set for 2/15]
US notice re final rule, February 3, 2022
8C MOvY US notice re final rule 2 3
Plaintiffs’ 28(j) citations, February 7, 2022
US’s 28(j) response, February 8, 2022
| 02/15/2022 | ARGUED & SUBMITTED Via Videoconference to Judges Lavenski R. Smith, Duane Benton, Jane Kelly on 02/15/2022. Mr. Michael E. Talent for Appellant State of Missouri. Mr. Daniel Winik for Appellees U.S. Department of the Treasury, Ms. Janet L. Yellen and Richard Delmar. Rebuttal by Mr. Michael E. Talent for State of Missouri. RECORDED. Click Here To Listen to Oral Argument [5127619] [21-2118] (JMM) [Entered: 02/15/2022 11:01 AM] |
Plaintiffs’ notice of supplemental authority (Texas), April 19, 2022
8C MO v Y MO supp auth TX 4 19
Plaintiffs’ notice of supplemental authority (Arizona), June 1, 2022
US response re Arizona, June 3, 2022
Opinion, July 14, 2022
Cert petition, No. 22-352 (filed October 12, 2022)
20221012141424298_No.-__ Missouri v. Yellen
US motion for extension of time to respond to cert petition, October 19, 2022
20221019122215753_Extension Letter 22-352
| Oct 20 2022 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2022. |
National Taxpayers Union amicus, November 14, 2022
20221114145921717_NTUF Amicus Brief Cert Stage Mo v Yellen No 22-352 FINAL
US cert response, December 14, 2022
20221214150532118_22-352 Missouri Opp
| Dec 28 2022 | DISTRIBUTED for Conference of 1/13/2023. |
Missouri reply, January 4, 2023
20230104113740880_Missouri v. Yellen Cert Petition – Reply – FINAL
(ORDER LIST: 598 U.S.)
TUESDAY, JANUARY 17, 2023
CERTIORARI DENIED
.
22-352 MISSOURI V. YELLEN, SEC. OF TREASURY, ET AL
===
OHIO
Ohio v. Yellen, No. 1:21-cv-181 (S.D. Ohio, filed March 17, 2021)
Complaint
Motion for preliminary injunction, March 17, 2021
Wallace motion to intervene, March 24, 2021
Joint stipulation asking for briefing schedule, March 25, 2021
Order denying Wallace motion to intervene, March 30, 2021
Order setting briefing schedule, March 30, 2021
| 03/30/2021 | NOTICE of Hearing on Motion re 3 Plaintiff’s MOTION for Preliminary Injunction: Motion Hearing set for 4/30/21 at 2:30 PM by video conference before Judge Douglas R. Cole. The call-in information for interested parties, the media, or the general public is: +1 (224) 501-3412, Access Code – 836-424-469. (sct) (Entered: 03/30/2021) |
ACLJ & 74 Members of Congress amicus, April 9, 2021
National Taxpayers Union Foundation amicus, April 9, 2021
Chamber of Commerce of the U.S. amicus, April 9, 2021
Buckeye Institute amicus, April 9, 2021
US opposition, April 16, 2021
Ohio reply, April 22, 2021
US notice re interim final rule, May 10, 2021
Ohio response to US notice, lodged May 11, 2021
Opinion and order, May 12, 2021
Ohio emergency motion to expedite, May 12, 2021
| 05/12/2021 | Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 5/12/21. Ben Flowers and May Davis appeared for the Plaintiff; Stephen Ehrlich and Charles Roberts appeared for the Defendants. Plaintiff’s Emergency Motion to Expedite Proceedings was discussed. The parties agreed to a briefing schedule. Plaintiff to file Motion for Permanent Injunction of not more than 30 pages by 5/19/21; Defendants to file their combined Response to the Motion for Permanent Injunction and Motion to Dismiss of not more than 30 pages by 6/2/21; Plaintiff to file their combined Reply in Support of the Motion for Permanent Injunction and Response to the Motion to Dismiss of not more than 20 pages by 6/7/21; Defendants to file their Reply in Support of the Motion to Dismiss of not more than 20 pages by 6/11/21. The Court will determine whether oral argument is necessary after all briefing has been submitted. (Court Reporter: Sue Lopreato-Official). (sct) (Entered: 05/12/2021) |
Ohio motion for permanent injunction, May 19, 2021
Buckeye Institute amicus, May 21, 2021
New Civil Liberties Alliance amicus, May 26, 2021
US combined motion to dismiss and preliminary injunction opposition, June 2, 2021
Ohio reply/opposition, June 7, 2021
Goldwater Institute amicus, June 8, 2021
Michigan legislators’ amicus, June 9, 2021
US reply supporting motion to dismiss, June 11, 2021
Ohio notice of additional authority (Collins v. Yellen), June 24, 2021
Opinion, July 1, 2021
Wallace Sixth Circuit #, 21-3646
Wallace petition, July 30, 2021
US notice of appeal, August 27, 2021
Sixth Circuit # 21-3787
Ohio motion to expedite, September 3, 2021
US opposition to expediting, September 3, 2021
Ohio reply supporting expediting, September 3, 2021
Order partially expediting briefing, September 7, 2021
6C Ohio v. Yellen order expediting briefing
Revised scheduling order, September 8, 2021
US appellants’ brief, September 21, 2021
Ohio appellee brief, October 12, 2021
National Taxpayers Union amicus, October 15, 2021
Chamber of Commerce of the US amicus, October 19, 2021
6C Ohio v Yellen Chamber of Commerce of US amicus
Michigan legislators’ amicus, October 19, 2021
6C Michigan legislators amicus
Buckeye Institute amicus, October 19, 2021
New Civil Liberties Alliance amicus, October 19, 2021
Goldwater Institute amicus, October 19, 2021
Arizona and other states’ amicus, October 19, 2021
US reply brief, October 26, 2021
[]
[]
US opposition to motion to strike, January 25, 2022
[Oral argument scheduled for 1/26, and held then]
Ohio additional authority (Arizona), May 19, 2022
US response re Arizona, May 24, 2022
US notice of additional authority (Missouri), August 8, 2022
6C US notice addl auth MO 8 8 22
Ohio response re Missouri, August 8, 2022
Opinion, November 18, 2022
Ohio cert petition, No. 22-880, March 10, 2023
20230310163558431_Tax Mandate Cert Petition
Extension request, March 16, 2023
20230316170018353_Extension Letter 22-880
| Mar 17 2023 | Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023. |
======
TEXAS
Texas v. Yellen, No. 2:21-cv-79 (N.D. Tex., filed May 3, 2021)
Complaint
US motion to dismiss, July 19, 2021
Corrected scheduling order, August 20, 2021
TX v. Yellen corrected scheduling order 8 20
Order granting Paul Clement pro hac vice, August 23, 2021
TX v. Yellen pro hac vice order 8 23
States’ opposition to motion to dismiss and cross-motion for summary judgment, September 27, 2021
Chamber of Commerce of the US amicus, October 4, 2021
National Taxpayers’ Union amicus, October 4, 2021
Goldwater Institute amicus, October 4, 2021
New Civil Liberties Alliance amicus, October 4, 2021
US motion for summary judgment, October 25, 2021
States’ reply, November 8, 2021
States’ notice of additional authority (West Virginia), November 17, 2021
Order denying motion to dismiss, March 4, 2022
TX v Yellen order denying mo dism 3 4
Unopposed motion to stay answer date, March 8, 2022
TX v Yellen unop mo stay answer 3 8
Order staying answer date, March 8, 2022
Opinion, April 8, 2022
Final judgment, April 8, 2022
TX v Yellen final judgment 4 8 22
US notice of appeal, June 6, 2022
TX v Y US notice of appeal 6 6
Fifth Circuit # 22-10560
US opening brief, August 24, 2022
| 09/01/2022
|
| 09/29/2022 |  1 pg, 70.44 KB |
NOTICE ISSUED TO APPELLEE – Brief is overdue. Motion to file brief out of time due on 10/11/2022 for Appellees State of Louisiana and State of Mississippi [22-10560] (RAJ) [Entered: 09/29/2022 10:53 AM] |
Louisiana/Mississippi request for extension, September 29, 2022
Appellees’ brief, October 24, 2022
Nat’l Taxpayers Union Foundation amicus, October 31, 2022
5C TX v Y NTUF amicus 10 31 22
Buckeye Institute amicus, October 31, 2022
5C TX v Y Buckeye I amicus 10 31 22
New Civil Liberties Alliance amicus, October 31, 2022
5C TX v Y New Civil Liberties Alliance amicus 10 31 22
Chamber of Commerce of the US/NFIB amicus, October 31, 2022
5C TX v Y C of C of US amicus 10 31 22
Arizona et al amicus, October 31, 2022
US reply brief, December 14, 2022
++
Gruver v. Louisiana Bd. of Supervisors, 959 F.3d 178 (5th Cir. 2020) (argued in Texas v. Yellen)
Cert petition, Oct. 9, 2020
Waiver of right to respond, Nov. 4, 2020
20201104151147959_Waiver of Response to Petition for Writ of Certiorari
| Nov 10 2020 | DISTRIBUTED for Conference of 12/4/2020. |
| Dec 07 2020 | Petition DENIED. |
======
FARMERS
SEC. 1005. FARM LOAN ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.
(a) PAYMENTS.—
(1) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Secretary for fiscal year 2021, out of amounts in the Treasury not otherwise appropriated, such sums as may be necessary, to remain available until expended, for the cost of loan modifications and payments under this section.
(2) PAYMENTS.—The Secretary shall provide a payment in an amount up to 120 percent of the outstanding indebtedness of each socially disadvantaged farmer or rancher as of January 1, 2021, to pay off the loan directly or to the socially disadvantaged farmer or rancher (or a combination of both), on each—
(A) direct farm loan made by the Secretary to the socially disadvantaged farmer or rancher; and
(B) farm loan guaranteed by the Secretary the borrower of which is the socially disadvantaged farmer or rancher.
(b) DEFINITIONS.—In this section:
(1) FARM LOAN.—The term ‘‘farm loan’’ means—
(A) a loan administered by the Farm Service Agency under subtitle A, B, or C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1922 et seq.); and
(B) a Commodity Credit Corporation Farm Storage Facility Loan.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture.
(3) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The term ‘‘socially disadvantaged farmer or rancher’’ has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
SEC. 1006. USDA ASSISTANCE AND SUPPORT FOR SOCIALLY DISADVANTAGED FARMERS, RANCHERS, FOREST LAND OWNERS AND OPERATORS, AND GROUPS.
(a) APPROPRIATION.—In addition to amounts otherwise available, there is appropriated to the Secretary of Agriculture for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $1,010,000,000, to remain available until expended, to carry out this section.
(b) ASSISTANCE.—The Secretary of Agriculture shall use the amounts made available pursuant to subsection (a) for purposes described in this subsection by—
(1) using not less than 5 percent of the total amount of funding provided under subsection (a) to provide outreach, mediation, financial training, capacity building training, cooperative development training and support, and other technical assistance on issues concerning food, agriculture, agricultural credit, agricultural extension, rural development, or nutrition to socially disadvantaged farmers, ranchers, or forest landowners,
or other members of socially disadvantaged groups;
(2) using not less than 5 percent of the total amount of funding provided under subsection (a) to provide grants and loans to improve land access for socially disadvantaged farmers, ranchers, or forest landowners, including issues related to heirs’ property in a manner as determined by the Secretary;
(3) using not less than 0.5 percent of the total amount of funding provided under subsection (a) to fund the activities of one or more equity commissions that will address racial equity issues within the Department of Agriculture and its programs;
(4) using not less than 5 percent of the total amount of funding provided under subsection (a) to support and supplement agricultural research, education, and extension, as well as scholarships and programs that provide internships and pathways to Federal employment, by—
(A) using not less than 1 percent of the total amount of funding provided under subsection (a) at colleges or
universities eligible to receive funds under the Act of August 30, 1890 (commonly known as the ‘‘Second Morrill Act’’) (7 U.S.C. 321 et seq.), including Tuskegee University;
(B) using not less than 1 percent of the total amount of funding provided under subsection (a) at 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382));
(C) using not less than 1 percent of the total amount of funding provided under subsection (a) at Alaska Native serving institutions and Native Hawaiian serving institutions eligible to receive grants under subsections (a) and (b), respectively, of section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156);
(D) using not less than 1 percent of the total amount of funding provided under subsection (a) at Hispanicserving institutions eligible to receive grants under section 1455 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241); and
(E) using not less than 1 percent of the total amount of funding provided under subsection (a) at the insular
area institutions of higher education located in the territories of the United States, as referred to in section 1489 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3361); and
(5) using not less than 5 percent of the total amount of funding provided under subsection (a) to provide financial assistance to socially disadvantaged farmers, ranchers, or forest landowners that are former farm loan borrowers that suffered related adverse actions or past discrimination or bias in Department of Agriculture programs, as determined by the Secretary.
(c) DEFINITIONS.—In this section:
(1) NONINDUSTRIAL PRIVATE FOREST LAND.—The term ‘‘nonindustrial private forest land’’ has the meaning given the term in section 1201(a)(18) of the Food Security Act of 1985 (16 U.S.C. 3801(a)(18)).
(2) SOCIALLY DISADVANTAGED FARMER, RANCHER, OR FOREST LANDOWNER.—The term ‘‘socially disadvantaged farmer, rancher, or forest landowner’’ means a farmer, rancher, or owner or operator of nonindustrial private forest land who is a member of a socially disadvantaged group.
(3) SOCIALLY DISADVANTAGED GROUP.—The term ‘‘socially disadvantaged group’’ has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
LAWSUITS: farmers (alphabetically by jurisdiction)
| 06/11/2021 | 26 | ENDORSED ORDER: The preliminary injunction hearing in this matter will be held on June 16, |
FLORIDA
Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla., filed May 18, 2021)
Complaint
Wynn motion for preliminary injunction, with declaration, May 25, 2021
Order requiring service, May 26, 2021
White farmers v. socially disadvantaged farmers. From a July 12 Government summary in Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla.):
This [Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla.),] is one of twelve cases, brought in courts around the country, challenging the implementation of Section 1005 on equal protection grounds.See Miller v. Vilsack, , 4:21-cv-595 (N.D. Tex.); Faust v. Vilsack, 1: 21 -cv-548 (E.D. Wis.); Carpenter v. Vilsack, 0:21-cv-103-F (D. Wyo.); Holman v. Vilsack, 1: 21 -cv-1085 (W.D. Tenn.); Kent v. Vilsack, 3: 21 -cv-540 (S.D. Ill.); McKinney v. Vilsack, 2: 21 -cv-212 (E.D. Tex.); Joyner v. Vilsack, 1: 21 -cv-1089 (W.D. Tenn.); Dunlap v. Vilsack, 2: 21 -cv-942 (D. Or.); Rogers v. Vilsack, 1: 21 -cv-1779 (D. Colo.); Tiegs v. Vilsack, 3:21-cv-147 (D.N.D.); Nuest v. Vilsack, 21-cv-1572 (D. Minn.).1Three courts, including this one, have entered preliminary injunctions against disbursement of programmatic funds. See Order on Class Cert. & PI, Miller; PI Order, Holman, ECF No. 41.
COLORADO
Rogers v. Vilsack, 1:21-cv-1779 (D.Colo., filed June 29, 2021)
Complaint
US motion to stay, July 19, 2021
Opposition to motion to stay, August 9, 2021
US reply supporting stay, August 23, 2021
US supplemental authority (McKinney), August 31, 2021
US motion for extension, September 1, 2021
Plaintiffs’ response to US extension motion, September 1, 2021
Plaintiffs’ notice that US has missed deadline, September 10, 2021
Rogers pltf notice US has missed deadline
US notice of supplemental authority (North Dakota), September 13, 2021
US notice of supplemental authority (Dunlap, Oregon), September 22, 2021
Motion for default judgment, October 4, 2021
| 10/05/2021 | 22 | ORDER REFERRING MOTION: 20 MOTION for Default Judgment as to (or, in the Alternative, Setting of Date Certain for Answer) filed by Sara M Rogers. Motion referred to Magistrate Judge S. Kato Crews by Judge Daniel D. Domenico on 10/5/2021. Text Only Entry (dddlc4) (Entered: 10/05/2021) |
US notice re Miller order refusing opt outs, October 13, 2021
Rogers US notice re Miller no opt out
US opposition to default, October 25, 2021
Rogers reply supporting default, November 8, 2021
Rogers reply supporting default
Rogers supplemental authority (Kent), November 11, 2021
US supplemental authority (Wynn), December 7, 2021
Order for stay, March 31, 2022
| 04/01/2022 | 37 | ORDER granting 13 Motion to Continue. In light of the Court’s Order [#36] staying this matter, the Court will GRANT Defendant’s Motion. Defendants’ obligation to answer or otherwise respond is also stayed. Defendants shall answer or otherwise respond within 21 days of the stay being lifted. SO ORDERED by Magistrate Judge S. Kato Crews on 4-1-2022. Text Only Entry (skclc2). (Entered: 04/01/2022) |
| 04/01/2022 | 38 | ORDER denying 20 Motion for Default Judgment. In light of the Court’s Order STAYING this matter, this matter is DENIED, without prejudice. Plaintiff is granted leave to refile in the event Defendants fail to timely answer once the stay on this matter is lifted. SO ORDERED by Magistrate Judge S. Kato Crews on 4-1-2022. Text Only Entry (skclc2). (Entered: 04/01/2022) |
Joint status report, June 30, 2022
US notice of repeal and of Miller dismissal, September 6, 2022
Rogers US notice re repeal and Miller dism 9 6
US motion to lift stay and to dismiss case as moot, September 13, 2022
Rogers opposition, October 4, 2022
US reply, October 18, 2022
Rogers US reply dism moot 10 18
US status report, January 4, 2023
=============
FLORIDA
Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla., filed May 18, 2021)
Complaint
Wynn motion for preliminary injunction, with declaration, May 25, 2021
Order requiring service, May 26, 2021
US opposition to preliminary injunction motion, June 4, 2021
Wynn preliminary injunction reply, June 9, 2021
National Black Farmers Ass’n amicus, June 10, 2021
| 06/11/2021 | 26 | ENDORSED ORDER: The preliminary injunction hearing in this matter will be held on June 16, 2021, at 10:00 a.m. in Courtroom 10B. Signed by Judge Marcia Morales Howard on 6/11/2021. (JW) (Entered: 06/11/2021) |
Wynn additional authority (Wisconsin)
Wynn preliminary injunction reply, June 9, 2021
National Black Farmers Ass’n amicus, June 10, 2021
| 06/11/2021 | 26 | ENDORSED ORDER: The preliminary injunction hearing in this matter will be held on June 16, 2021, at 10:00 a.m. in Courtroom 10B. Signed by Judge Marcia Morales Howard on 6/11/2021. (JW) (Entered: 06/11/2021) |
Wynn additional authority (Wisconsin)
Scheduling order, July 8, 2021
Wynn US motion for stay, July 12, 2021
Wynn US motion for administrative stay, July 12, 2021
Wynn opposition to administrative stay, July 12, 2021
Wynn supplemental authority re motion for administrative stay, July 13, 2021
Answer, July 14, 2021
Plaintiff’s opposition to stay, July 26, 2021
| 07/27/2021 | 50 | ENDORSED ORDER denying 45 Defendants’ Motion for an Administrative Stay Pending Resolution of Defendants’ Stay Motion. Until the Court rules on 44 Defendants’ Motion to Stay, this case remains active and the parties are expected to proceed as previously directed. Signed by Judge Marcia Morales Howard on 7/27/2021. (JW) (Entered: 07/27/2021 |
US motion for leave to file reply supporting stay, July 27, 2021
Plaintiff’s opposition to US motion for leave to file, July 27, 2021
Wynn supplemental authority (Holman), August 2, 2021
US supplemental authority (Carpenter), August 16, 2021
US supplemental authority (Joyner), August 19, 2021
Scheduling order, August 20, 2021
US reply supporting stay, August 30, 2021
Wynn US reply supporting stay 8 30
US supplemental authority (McKinney), August 31, 2021
Wynn US supp auth McKinney 8 31
Plaintiff’s sur-reply against stay, September 7, 2021
US notice of additional authority (Dunlap, Oregon), September 21, 2021
Wynn US notice addl auth Oregon
US update notice re Miller (TX), September 22, 2021
Wynn US notice of Miller non opt out order, October 13, 2021
Wynn US notice re Miller non opt out
Plaintiffs’ response to US notice, October 13, 2021
US supplemental authority (Holman), October 22, 2021
Plaintiffs’ response to Holman, October 27, 2021
Wynn supplemental authority (Kent), November 10, 2021
Wynn US motion to extend discovery deadlines, November 12, 2021
Wynn US mo to extend discovery DLs
Wynn opposition to extending discovery deadlines, November 18, 2021
Wynn motion to compel, November 19, 2021
[]
Wynn stay order, December 7, 2021
[status report
Status report, May 9, 2022
Status report, September 6, 2022
Joint stipulation of dismissal, September 12, 2022
Dismissal order, September 13, 2022
==============
MINNESOTA
Nuest v. Vilsack, 0:21-cv-1572 (D. Minn., filed July 7, 2021)
Complaint
NORTH DAKOTA
Tiegs v. Vilsack, 3:21-cv-147 (D.N.D., filed July 6, 2021)
Complaint
[]
[]
Stay order, September 7, 2021
OREGON
Dunlap v. Vilsack, 2:21-cv-942 (D. Or., filed June 24, 2021)
Complaint
Motion/memo for preliminary injunction, June 29, 2021
US motion for stay, July 12, 2021
US motion for administrative stay, July 12, 2021
Plaintiffs’ opposition to administrative stay, July 13, 2021
US reply supporting stay, July 15, 2021
TENNESSEE
Holman v. Vilsack, No. 1:21-cv-1085 (W.D. Tenn., filed June 2, 2021)
Complaint
Motion for preliminary injunction, including memo and exhibits, June 6, 2021
| 06/08/2021 | 10 | SETTING LETTER: Re: 7 First MOTION for Preliminary Injunction. IN PERSON Motion Hearing set for 6/17/2021 09:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. ***Please be advised that Plaintiff’s attorney must provide notice of the hearing to the United States Attorney for the Western District of Tennessee.***(mbb) (Entered: 06/08/2021) |
US motion to continue proceedings, June 9, 2021
Plaintiffs’ opposition to US motion to continue, June 9, 2021
Order granting continuance, June 10, 2021
| 06/10/2021 | 14 | NOTICE OF RESETTING: Re: 7 First MOTION for Preliminary Injunction IN PERSON Motion Hearing reset for 6/29/2021 08:45 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. (mbb) (Entered: 06/10/2021) |
American Indian Farmers amicus filings, June 24, 2021
American Indian Farmers’ conditional intervention, June 24, 2021
US preliminary injunction opposition, June 25, 2021
[]
| 06/29/2021 | 37 | Minute Entry for proceedings held before Chief Judge S. Thomas Anderson: IN Person Motion Hearing held on 6/29/2021 re 7 First MOTION for Preliminary Injunction. Parties addressed the Court. Opening statements/remarks. Questions posed by the Court. Closing statements/remarks. Court to issue opinion. PRESENT: Braden Boucek, William Trachman for plaintiff. Kyla Snow, Audrey Calkins for defendants. (Court Reporter Kristi Heasley.) (mbb) (Entered: 06/29/2021) |
Holman pltf notice supplemental authority (Miller), July 2, 2021
Holman plaintiffs’ opposition to intervention, July 7, 2021
Holman preliminary injunction, July 8, 2021
Note from Black Farmers re intervention process, July 9, 2021
Order holding motion to intervene in abeyance, July 13, 2021
US motion to stay, July 14, 2021
US motion for administrative stay, July 14, 2021
Order partially granting motion for administrative stay, July 15, 2021
Plaintiffs’ opposition to motion for stay, July 28, 2021
Order denying motion for stay, August 2, 2021
US partial motion to dismiss, October 13, 2021
US renewed motion for stay, October 15, 2021
Order denying motion for stay, October 19, 2021
Plaintiffs’ opposition to US motion to dismiss, October 27, 2021
US reply supporting motion to dismiss, November 8, 2021
Plaintiffs’ additional authority (Kent), November 22, 2021
Holman US supplemental authority (Wynn), December 7, 2021
Order, December 9, 2021
Holman order re stay having been partly denied 12 9
Order granting motion for partial dismissal, January 26, 2022
US renewed motion for stay, February 1, 2022
Opposition to stay, February 15, 2022
Stay order, February 16, 2022
US notice re repeal, dismissal of Miller, September 6, 2022
Holman US notice re repeal and Miller dism 9 6
Holman stipulation to dismiss without prejudice, September 14, 2022
Holman judgment, September 15, 2022
[]
US supplemental pleading, December 14, 2022
Joyner v. Vilsack, No. 1:21-cv-1089 (W.D. Tenn., filed June 15, 2021
Complaint
US motion to stay, July 16, 2021
Plaintiffs’ opposition to motion to stay, July 30, 2021
Defendant’s reply brief supporting stay, August 6, 2021
US notice of additional authority (Wyoming), August 16, 2021
Order for stay, August 19, 2021
US notice re repeal, Miller dismissal, September 6, 2022
Joyner US notice re repeal and Miller dism 9 6
Joyner stipulation for dismissal without prejudice, September 14, 2022
Joyner dismissal judgment, September 15, 2022
TEXAS
Miller v. Vilsack, No. 4:21-cv-595 (N.D. Tex., filed April 26, 2021)
Complaint
Lea intervention, May 4, 2021
US opposition to Lea intervention, May 25, 2021
First amended class action complaint, June 2, 2021
Miller first amended complaint
Motion for class certification, June 2, 2021
Scheduling order, June 2, 2021
Miller scheduling order re class cert
Motion for preliminary injunction, memo with exhibits, June 2, 2021
Scheduling order, June 2, 2021
Miller injunction scheduling order
National Ass’n of Black Farmers/American Indian Farmers motion to intervene, June 9, 2021
Plaintiffs’ notice of additional authority (Faust), June 10, 2021
US opposition to motion for preliminary injunction, June 11, 2021
US opposition to class certification motion, June 11, 2021
Association of American Indian Farmers amicus, June 11, 2021
Miller black farmers amicus 6 11
Plaintiffs’ reply supporting class certification, June 18, 2021
Plaintiffs’ preliminary injunction reply, June 18, 2021
Perry motion to intervene, June 21, 2021
Plaintiffs’ notice of supplemental authority (Florida), June 24, 2021
[]
Order granting preliminary injunction and class certification, July 1, 2021
Miller farmers order for pi and class cert
US notice re scope of injunction, July 2, 2021
Miller farmers US notice re scope of inj
Order requesting response to US notice, July 3, 2021
Plaintiffs’ response, July 5, 2021
Plaintiffs’ motion to amend order, July 5, 2021
Miller farmers pltf rq amend order
US response re scope of preliminary injunction, July 6, 2021
Miller US response re scope PI
Scheduling order, July 7, 2021
Plaintiffs’ sur-reply, July 8, 2021
US opposition to Perry intervention July 12, 2021
Motion to opt out, September 3, 2021
Second amended complaint, September 22, 2021
US response to opt outs, September 24, 2021
US motion/memo to dismiss, October 6, 2021
US answer to second amended complaint, October 6, 2021
Reply memo in support of motion to opt out, October 8, 2021
Federation of Southern Co-Ops motion to intervene, October 12, 2021
Fed Southern Co Ops motion to intervene
Order denying opt out, October 13, 2021
Order clarifying scope of injunction, October 18, 2021
Third amended complaint, November 10-12, 2021
US response to motion to intervene, November 12, 2021
Plaintiffs’ response to motion to intervene, November 12, 2021
US answer to third amended complaint, November 26, 2021
Reply supporting motion to intervene, December 1, 2021
Miller Federation interv reply 12 1
Orders denying motions to intervene, December 8, 2021
Miller order denying Fed interv 12 8
Miller order denying Perry interv 12 8
Federation notice of appeal, December 17, 2021
Fifth Circuit # 21-11271
Federation emergency motion to stay, and memo, December 22, 2021
Miller Federation emergency stay mo 12 22
Order scheduling responses, December 23, 2021
Miller sched order re response 12 23
Motion to expedite appeal, December 23, 2021
5C Miller Fed mo expedite appeal 12 23
Order expediting appeal, and scheduling order, December 28, 2021
5C Miller order expedite 12 28
5C Miller briefing schedule 12 28
Federation update re Fifth Circuit scheduling, December 29, 2021
Miller Federation update re 5C
US opposition to stay, December 29, 2021
Plaintiffs’ response to stay, December 29, 2021
Miller pltf response Fed stay 12 29
Order denying stay, December 29, 2021
Miller order denying stay 12 29
Federation opening brief, December 30, 2021
[OB: 12/30; Appellees’ brief 1/13; RB 1/20]
Order denying Federation motion to stay, January 7, 2022
US brief, January 13, 2022
Miller brief, January 13, 2022
Federation reply brief, January 20, 2022
| 01/28/2022 | CASE CALENDARED for oral argument on Monday, 03/07/2022 in New Orleans in the West Courtroom — PM session. In accordance with our policy, lead counsel only will receive via email at a later date a copy of the court’s docket and an acknowledgment form. All other counsel of record should monitor the court’s website for the posting of the oral argument calendars.. [21-11271] (PFT) [Entered: 01/28/2022 02:27 PM] |
| 03/07/2022 | ORAL ARGUMENT HEARD before Judges Southwick, Haynes, Higginson. Arguing Person Information Updated for: Gene Patrick Hamilton arguing for Appelles Sid Miller, Et Al; Arguing Person Information Updated for: Jack Starcher arguing for Appellee Tom Vilsack; Arguing Person Information Updated for: Andrew E. Tauber arguing for Appellant Federation of Southern Cooperatives/Land Assistance Fund [21-11271] (PFT) [Entered: 03/07/2022 02:08 PM] |
US motion for summary judgment, and memo in support, March 11, 2022
Plaintiffs’ motion for summary judgment, and memo, March 11, 2022
National Black Farmers Ass’n amicus and leave to file motion, March 18, 2022
National Black Farmers Ass’n motion to intervene as defendants, March 18, 2022
Miller NBFA mo interv def 3 18
Scheduling order, March 21, 2022
Miller interv sched order 3 21
Order reversing intervention denial, March 22, 2022
Motion for immediate issuance of mandate, March 24, 2022
5C Miller interv mo imm issuance mandate 3 24
Order, March 24, 2022
5C Miller imm mandate order 3 24
Miller order to meet and confer, March 25, 2022
Miller order to meet and confer 3 25
Motion to suspend summary judgment deadlines, March 30, 2022
Miller unop mo stay sj deadlines 3 30
Order suspending deadlines, March 31, 2022
Joint status report, April 1, 2022
Order denying reopening of fact discovery, April 5, 2022
Miller order denying reopening fact discovery 4 5
Federation motion for reconsideration re discovery, April 13, 2022
Miller Fed discovery recon mo 4 13
US response to Federation motion to intervene, April 15, 2022
Miller US response Fed interv 4 15
Plaintiffs’ response to Federation motion to intervene, April 15, 2022
Miller pltf response Fed interv 4 15
US response to Federation reconsideration motion, April 20, 2022
Miller US response to recon 4 20
Plaintiffs’ response to Federation reconsideration motion, April 20, 2022
Miller pltf response Fed recon 4 20
Federation reply supporting reconsideration, April 21, 2022
Order, April 22, 2022
Miller order denying recon 4 22
Federation reply, April 28, 2022
Order allowing intervention on conditions, May 2, 2022
Miller order allowing intervention 5 2
Federation request for loan data, May 2022
Miller BF request for loan data 5 13
Order for US response by 5/18, May 14, 2022
Miller order for US loan data mo response 5 14
US response re loan data, May 18, 2022
Miller US response re loan data 5 18
Order denying motion to compel additional loan data, May 20, 2022
Miller order denying addl loan data 5 20
Miller Federation motion to certify orders for interlocutory appeal, May 27, 2022
Miller Federation mo interloc 5 27
Order for responses by 6/2, May 27, 2022
Miller order for responses by 6 2 5 27
US opposition to interlocutory appeal, June 2, 2022
Miller v Vilsack US op to interloc appeal 6 2
Plaintiffs’ opposition to interlocutory appeal, June 2, 2022
Miller v Vilsack pltf op interloc appeal 6 2
Order denying 1292(b), June 6, 2022
Petition for mandamus, No. 22-10600 (5th Cir., filed June 17, 2022)
Petition and exhibits
5C Miller mandamus petition 6 17
5C Miller mandamus exhibits 6 17
Motion for stay, June 17, 2022
5C Miller mandamus stay mo 6 17
Order for responses by 6/23, June 17, 2022
5C MIller mandamus order for response 6 17
US opposition to mandamus, June 23, 2022
US opposition to stay, June 23, 2022
Order denying mandamus, June 23, 2022
5C Miller order denying mandamus 6 23
Order denying stay motion as moot, June 23, 2022
5C Miller order denying stay mo as moot 6 23
Joint request to clarify scheduling order, July 7, 2022
Clarification, July 8, 2022
American Indian Farmers summary judgment motion, memo, appendix, July 18, 2022
US cross-motion and memo for summary judgment, July 18, 2022
Miller motion and memo for summary judgment, July 18, 2022
Southern Coop motion, memo, and appendix for summary judgment, July 18, 2022
Miller S Coop sj appendix 7 18
Rural Coalition amicus, July 25, 2022
Miller Rural Coalition amicus 7 25
Miller unopposed motion to stay briefing, August 10, 2022
Order staying briefing, August 10, 2022
Unopposed motion to stay, August 22, 2022
Stay order, August 22, 2022
Joint status report, August 29, 2022
Stipulation for dismissal without prejudice, August 29, 2022
| 08/29/2022 | Civil Case Terminated per 236 JOINT STIPULATION OF DISMISSAL. (tjc) (Entered: 08/30/2022) |
======
WISCONSIN
Faust v. Vilsack, No. 1:21-cv-548 (E.D. Wis., filed April 29, 2021)
Complaint
Lea intervention, May 4, 2021
Amended complaint, May 19, 2021
Faust plaintiffs’ opposition to Lea intervention, May 25, 2021
Faust US opposition to Lea intervention, May 25, 2021
[]
Faust TRO motion, June 3, 2021
Faust preliminary injunction motion, and memo in support with exhibits, June 3, 2021
| 06/03/2021 | NOTICE of Hearing on 12 MOTION for Temporary Restraining Order: Telephone conference set for 6/4/2021 03:30 PM before Judge William C Griesbach regarding the procedure for addressing this motion. The court will initiate the call and the parties have provided their telephone numbers for the conference. Any change in telephone contact information should be provided to the Office of the Clerk at wied_clerks_gb@wied.uscourts.gov (cc: all counsel)(tlf) | |
| 06/04/2021 | NOTICE by the Court. The Telephone Conference scheduled for TODAY, 6/4/2021 at 3:30 pm has been CONVERTED to an ATT Conference Call. Instructions as follows: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please be sure to call in prior to the time that the hearing is scheduled to begin so that there is no disruption to the court proceeding. To ensure a clear record of the hearing, participants should not use a speaker phone. Unless otherwise excused, all participants are expected to remain on the call for the duration of the conference. (lh) |
| 06/04/2021 | 16 | Minute Entry for proceedings held before Judge William C Griesbach: Telephone Conference held on 6/4/2021. Brief in opposition to 13 Motion for preliminary injunction due 6/18/2021, reply to be filed over the weekend. The government may file a response to the 12 Motion for temporary restraining order by 6/8/2021. (Tape #060421) (lh) (Entered: 06/07/2021) |
US response to TRO motion, June 8, 2021
US response to Faust TRO request
| 06/09/2021 | 18 | TEXT ONLY ORDER The Court will consider any reply brief in support of 12 MOTION for temporary restraining order filed on or before June 10, 2021, signed by Judge William C Griesbach on 06/09/2021. (cc: all counsel)(Griesbach, William) |
Faust reply supporting TRO, June 9, 2021
Order denying Lea joinder, June 10, 2021
TRO, June 10, 2021
National Black Farmers Ass’n amicus, June 10, 2021
National Black Farmers Ass’n conditional motion to intervene, June 15, 2021
Faust NBFA conditional interv mo
US opposition to preliminary injunction, June 18, 2021
Rural Coalition amicus, June 23, 2021
Plaintiffs’ reply, June 23, 2021
Minute entry, June 24, 2021
Plaintiffs’ supplemental brief, June 25, 2021
Defendants’ supplemental brief, June 25, 2021
Order staying preliminary injunction proceedings given Wynn, July 6, 2021
US motion to stay, July 12, 2021
US motion for administrative stay, July 12, 2021
Plaintiffs’ opposition to Perry joinder, July 12, 2021
Faust pltf op to Perry joinder
US opposition to Perry joinder, July 12, 2021
| 07/13/2021 | 55 | TEXT ONLY ORDER DENYING 52 Motion to Stay the parties upcoming deadlines, including the parties current deadline of July 14, 2021 to submit a proposed schedule to the Court, and the scheduling conference currently set for July 20, 2021, filed by Zach Ducheneaux and Thomas J Vilsack, signed by Judge William C Griesbach on 07/13/2021. The July 20, 2021 conference shall remain as scheduled. (cc: all counsel)(Griesbach, William) |
Parties’ proposed schedules, July 14, 2021
Faust parties’ proposed schedules
Order denying Perry intervention, July 30, 2021
Faust opposition to US motion for stay, August 2, 2021
Faust notice of additional authority (Holman), August 3, 2021
US reply supporting stay, August 16, 2021
Faust US reply supporting stay
US notice of additional authority (Joyner), August 19, 2021
Stay order, August 23, 2021
Defendants’ status report, February 23, 2022
Defendants’ status report, August 22, 2022
US status report, September 6, 2022
Joint stipulation of dismissal, September 9, 2022
| 09/12/2022 | Case dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) upon the 72 Stipulation of the parties. (tlf) |
============
FLORIDA
Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla., filed May 18, 2021)
Complaint
Wynn motion for preliminary injunction, with declaration, May 25, 2021
Order requiring service, May 26, 2021
US opposition to preliminary injunction motion, June 4, 2021
Wynn preliminary injunction reply, June 9, 2021
National Black Farmers Ass’n amicus, June 10, 2021
| 06/11/2021 | 26 | ENDORSED ORDER: The preliminary injunction hearing in this matter will be held on June 16, 2021, at 10:00 a.m. in Courtroom 10B. Signed by Judge Marcia Morales Howard on 6/11/2021. (JW) (Entered: 06/11/2021) |
Wynn additional authority (Wisconsin)
Wynn Black Farmers motion and memo, proposed answer, June 15, 2021
Minute entry, June 16, 2021
Wynn notice of related actions, June 22, 2021
Wynn notice of related actions
Wynn joint notice re parties’ positions on consolidating, June 22, 2021
Order granting preliminary injunction, June 23, 2021
Wynn competing scheduling proposals, June 29, 2021
Wynn scheduling proposals 6 29
Scheduling order, July 8, 2021
[]
Notice of supplemental authority (ND), September 13, 2021
WYOMING
Carpenter v. Vilsack, No. 0:21-cv-103 (D. Wyo., filed May 24, 2021)
Complaint
Motion and memo for stay, July 19, 2021
Opposition to motion for stay, August 2, 2021
Reply supporting stay, August 9, 2021
Stay order, August 16, 2021
Status report, February 16, 2022
Status report, August 16, 2022
Status report, September 6, 2022
Carpenter US status report 9 6
Motion and memo to lift stay and dismiss case, September 13, 2022
Carpenter US mo lift stay dism 9 13
Carpenter US ms lift stay dism 9 13
Carpenter opposition, September 27, 2022
US reply, October 4, 2022
Order dismissing case, October 7, 2022
Notice of appeal, November 28, 2022
Tenth Circuit # 22-8079
Opening brief, and appendix, January 31, 2023
10C Carpenter OB appendix 1 31 23
===
TENNESSEE
Holman v. Vilsack, No. 1:21-cv-1085 (W.D. Tenn., filed June 2, 2021)
Complaint
Motion for preliminary injunction, including memo and exhibits, June 6, 2021
| 06/08/2021 | 10 | SETTING LETTER: Re: 7 First MOTION for Preliminary Injunction. IN PERSON Motion Hearing set for 6/17/2021 09:00 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. ***Please be advised that Plaintiff’s attorney must provide notice of the hearing to the United States Attorney for the Western District of Tennessee.***(mbb) (Entered: 06/08/2021) |
US motion to continue proceedings, June 9, 2021
Plaintiffs’ opposition to US motion to continue, June 9, 2021
Order granting continuance, June 10, 2021
| 06/10/2021 | 14 | NOTICE OF RESETTING: Re: 7 First MOTION for Preliminary Injunction IN PERSON Motion Hearing reset for 6/29/2021 08:45 AM in Jackson Courtroom 1 before Chief Judge S. Thomas Anderson. (mbb) (Entered: 06/10/2021) |
American Indian Farmers amicus filings, June 24, 2021
American Indian Farmers’ conditional intervention, June 24, 2021
US preliminary injunction opposition, June 25, 2021
[]
| 06/29/2021 | 37 | Minute Entry for proceedings held before Chief Judge S. Thomas Anderson: IN Person Motion Hearing held on 6/29/2021 re 7 First MOTION for Preliminary Injunction. Parties addressed the Court. Opening statements/remarks. Questions posed by the Court. Closing statements/remarks. Court to issue opinion. PRESENT: Braden Boucek, William Trachman for plaintiff. Kyla Snow, Audrey Calkins for defendants. (Court Reporter Kristi Heasley.) (mbb) (Entered: 06/29/2021) |
Holman pltf notice supplemental authority (Miller), July 2, 2021
Holman plaintiffs’ opposition to intervention, July 7, 2021
Holman preliminary injunction, July 8, 2021
Note from Black Farmers re intervention process, July 9, 2021
SOUTHERN ILLINOIS
Kent v. Vilsack, No. 3:21-cv-540 (S.D. Ill., filed June 7, 2021)
Complaint
| 06/09/2021 | 8 | ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Chief Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge J. Phil Gilbert on 6/9/2021. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/09/2021) |
US motion to stay, July 14, 2021
US motion for administrative stay, July 14, 2021
Kent US mo admin stay answer DL
Opposition to motion for administrative stay, July 15, 2021
| 07/23/2021 | 20 | ORDER GRANTING 19 Joint Motion for Extension of Time to File Plaintiffs’ Opposition to Motion for Stay. The opposition brief is now due by August 13, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 7/23/2021. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/23/2021) |
Plaintiffs’ opposition to stay, August 13, 2021
US reply supporting stay, August 20, 2021
US notice re Miller order, October 14, 2021
Order denying stay, November 10, 2021
Morton v. Vilsack first amended complaint, November 24, 2021
Morton v Vilsack amended complaint 11 24
Answer, December 8, 2021
Plaintiffs’ motion for summary judgment, and appendices, February 1, 2022
US cross-motion for summary judgment, March 1, 2022
Black Farmers and American Indian Farmers amicus, March 8, 2022
Black and Indian Farmers amicus 3 8
| 03/09/2022 | 55 | ORDER: Plaintiffs Matthew Morton and Joshua Morton have until Wednesday, March 16, 2022 to file a response to the Motion of Amici Curiae (Doc. 53 ). It appears the major difference between the amicus brief and the Government’s briefing is the remedy. Notably, there are district courts in the Seventh Circuit that “entertain [ ] requests on their merits despite the absence of a rule explicitly governing the requests, and in doing so will employ the principles used in evaluating motions brought under Federal Rule of Appellate Procedure 29.” McCarthy v. Fuller, 2012 WL 1067863, at *1 (S.D. Ind. Mar. 29, 2012). Signed by Chief Judge Nancy J. Rosenstengel on 3/9/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/09/2022) |
Motion to intervene as defendants, March 15, 2022
Plaintiffs’ opposition to US summary judgment/reply supporting own motion, March 15, 2022
Plaintiffs’ response to intervention/amicus request, March 16, 2022
Kent pltf response interv 3 16
US reply supporting cross-motion, March 29, 2022
Plaintiffs’ opposition to motion to intervene, April 5, 2022
US opposition to motion to intervene, April 5, 2022
Reply supporting intervention, April 19, 2022
| 04/22/2022 | 66 | ORDER GRANTING Motion for Leave to File Amicus Brief by Association of American Indian Farmers, National Black Farmers Association, (Doc. 53 ), as “Plaintiffs do not oppose the organizations’ participation as amici, but they do oppose the organizations’ position that ‘intervention’ is warranted because amici disagree with Defendants’ proposed remedy.” (Doc. 59 ). Signed by Chief Judge Nancy J. Rosenstengel on 4/22/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/22/2022) |
National Black Farmers amicus, April 22, 2022
NBF supplemental authority for intervention (Miller), May 2, 2022
US opposition, May 4, 2022
Kent US BF interv supp auth op 5 4
Motion to hold summary judgment proceedings in abeyance, August 17, 2022
Kent unop US mo sj abeyance 8 17
| 08/18/2022 | 71 | ORDER GRANTING MOTION Holding Summary Judgment Proceedings in Abeyance. (Doc. 70 ). On August 16, 2022, the President signed into law the Inflation Reduction Act, which expressly repeals § 1005 of the American Rescue Plan Act. In the government’s view, this repeal moots the claims in this case and deprives the Court of jurisdiction. The Court will hold the parties’ pending cross-motions for summary judgment in abeyance while the parties confer about next steps in this litigation. Accordingly, the parties are ORDERED to submit a joint status report on August 23, 2022, if Plaintiffs have not dismissed their claims before then. Signed by Chief Judge Nancy J. Rosenstengel on 8/18/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/18/2022) |
Status report, August 23, 2022
| 08/23/2022 | 73 | ORDER: The Parties are ORDERED to provide a joint status report by Tuesday, August 30, 2022 on their respective positions and on the best way to proceed with this litigation. Signed by Chief Judge Nancy J. Rosenstengel on 8/23/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2022) |
Stipulation for dismissal without prejudice, August 30, 2022
Clerk’s judgment, August 30, 2022
=====
/EASTERN TEXAS
McKinney v. Vilsack, No. 2:21-cv-212 (E.D. Tex., filed June 10, 2021)
Complaint
McKinney motion for preliminary injunction, with supporting affidavit, June 17, 2021
Black Farmers’ unopposed conditional motion to intervene, July 6, 2021
US motion to stay, July 12, 2021
US motion for administrative stay, July 12, 2021
Plaintiffs’ opposition to motion for stay, July 13, 2021
US reply supporting stay, July 15, 2021
Plaintiffs’ opposition to intervention, July 16, 2021
McKinney stay opposition, August 6, 2021
Stay reply, August 13, 2021
US notice of additional authority (Wyoming), August 16, 2021
US notice of additional authority (Western Tennessee), August 19, 2021
Plaintiff’s sur-reply, August 20, 2021
US additional authority (Faust), August 23, 2021
Stay order, August 30, 2021
Status report, November 29, 2021
[]
Status report, May 27, 2022
McKinney US status report 5 27 22
Status report, August 25, 2022
Status report, September 8, 2022
US motion to lift stay and dismiss, September 15, 2022
McKinney US mo lift stay dism 9 15
Notice of voluntary dismissal, September 29, 2022
Order extending time, September 29, 2022
Order of dismissal, October 18, 2022
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TENNESSEE
Joyner v. Vilsack, No. 1:21-cv-1089 (W.D. Tenn., filed June 15, 2021
Complaint
SMALL BUSINESSES
Jake’s Bar and Grill/Vitolo v. Guzman, No. 3:21-cv-176 (E.D. Tenn.); Greer’s Ranch Cafe v. Guzman, No. 4:21-cv-651 (N.D. Tex); Blessed Cajuns v. Guzman, No. 4:21-cv-677 (N.D. Tex.).
SEC. 5003. SUPPORT FOR RESTAURANTS.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of the Small Business Administration.
(2) AFFILIATED BUSINESS.—The term ‘‘affiliated business’’ means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of March 13, 2020.
(3) COVERED PERIOD.—The term ‘‘covered period’’ means the period—
(A) beginning on February 15, 2020; and
(B) ending on December 31, 2021, or a date to be determined by the Administrator that is not later than
2 years after the date of enactment of this section.
(4) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’—
(A) means a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub,
tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products, or other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink;
(B) includes an entity described in subparagraph (A) that is located in an airport terminal or that is a Triballyowned concern; and
(C) does not include—
(i) an entity described in subparagraph (A) that—
(I) is a State or local government-operated business;
(II) as of March 13, 2020, owns or operates (together with any affiliated business) more than 20 locations, regardless of whether those locations do business under the same or multiple names;
or
(III) has a pending application for or has received a grant under section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260); or
(ii) a publicly-traded company.
(5) EXCHANGE; ISSUER; SECURITY.—The terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).
(6) FUND.—The term ‘‘Fund’’ means the Restaurant Revitalization Fund established under subsection (b).
(7) PANDEMIC-RELATED REVENUE LOSS.—The term ‘‘pandemic-related revenue loss’’ means, with respect to an eligible entity—
(A) except as provided in subparagraphs (B), (C), and (D), the gross receipts, as established using such
verification documentation as the Administrator may require, of the eligible entity during 2020 subtracted from the gross receipts of the eligible entity in 2019, if such sum is greater than zero;
(B) if the eligible entity was not in operation for the entirety of 2019—
(i) the difference between—
(I) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2019 by 12; and
(II) the product obtained by multiplying the average monthly gross receipts of the eligible entity in 2020 by 12; or
(ii) an amount based on a formula determined by the Administrator;
(C) if the eligible entity opened during the period beginning on January 1, 2020, and ending on the day before the date of enactment of this section—
(i) the expenses described in subsection (c)(5)(A) that were incurred by the eligible entity minus any
gross receipts received; or
(ii) an amount based on a formula determined by the Administrator; or
(D) if the eligible entity has not yet opened as of the date of application for a grant under subsection (c),
but has incurred expenses described in subsection (c)(5)(A) as of the date of enactment of this section—
(i) the amount of those expenses; or
(ii) an amount based on a formula determined by the Administrator.
For purposes of this paragraph, the pandemic-related revenue losses for an eligible entity shall be reduced by any amounts received from a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)) in 2020 or 2021.
(8) PAYROLL COSTS.—The term ‘‘payroll costs’’ has the meaning given the term in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)), except that such term shall not include—
(A) qualified wages (as defined in subsection (c)(3) of section 2301 of the CARES Act) taken into account in
determining the credit allowed under such section 2301;
or
(B) premiums taken into account in determining the credit allowed under section 6432 of the Internal Revenue Code of 1986.
(9) PUBLICLY-TRADED COMPANY.—The term ‘‘publicly-traded company’’ means an entity that is majority owned or controlled by an entity that is an issuer, the securities of which are listed on a national securities exchange under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).
(10) TRIBALLY-OWNED CONCERN.—The term ‘‘Tribally-owned concern’’ has the meaning given the term in section 124.3 of title 13, Code of Federal Regulations, or any successor regulation.
(b) RESTAURANT REVITALIZATION FUND.—
(1) IN GENERAL.—There is established in the Treasury of the United States a fund to be known as the Restaurant Revitalization Fund.
(2) APPROPRIATIONS.—
(A) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Restaurant Revitalization Fund for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $28,600,000,000, to remain available until expended.
(B) DISTRIBUTION.—
(i) IN GENERAL.—Of the amounts made available under subparagraph (A)—
(I) $5,000,000,000 shall be available to eligible entities with gross receipts during 2019 of not more than $500,000; and
(II) $23,600,000,000 shall be available to the Administrator to award grants under subsection (c) in an equitable manner to eligible entities of different sizes based on annual gross receipts.
(ii) ADJUSTMENTS.—The Administrator may make adjustments as necessary to the distribution of funds
under clause (i)(II) based on demand and the relative local costs in the markets in which eligible entities
operate.
(C) GRANTS AFTER INITIAL PERIOD.—Notwithstanding subparagraph (B), on and after the date that is 60 days after the date of enactment of this section, or another period of time determined by the Administrator, the Administrator may make grants using amounts appropriated under subparagraph (A) to any eligible entity regardless of the annual gross receipts of the eligible entity.
(3) USE OF FUNDS.—The Administrator shall use amounts in the Fund to make grants described in subsection (c).
(c) RESTAURANT REVITALIZATION GRANTS.—
(1) IN GENERAL.—Except as provided in subsection (b) and paragraph (3), the Administrator shall award grants to eligible entities in the order in which applications are received by the Administrator.
(2) APPLICATION.—
(A) CERTIFICATION.—An eligible entity applying for a grant under this subsection shall make a good faith certification that—
(i) the uncertainty of current economic conditions makes necessary the grant request to support the
ongoing operations of the eligible entity; and
(ii) the eligible entity has not applied for or received a grant under section 324 of the Economic
Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–
260).
(B) BUSINESS IDENTIFIERS.—In accepting applications for grants under this subsection, the Administrator shall prioritize the ability of each applicant to use their existing business identifiers over requiring other forms of registration or identification that may not be common to their industry and imposing additional burdens on applicants.
(3) PRIORITY IN AWARDING GRANTS.—
(A) IN GENERAL.—During the initial 21-day period in which the Administrator awards grants under this subsection, the Administrator shall prioritize awarding grants to eligible entities that are small business concerns owned and controlled by women (as defined in section 3(n) of the Small Business Act (15 U.S.C. 632(n))), small business concerns owned and controlled by veterans (as defined in section 3(q) of such Act (15 U.S.C. 632(q))), or socially and economically disadvantaged small business concerns (as defined in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A))). The Administrator may take such steps as necessary to ensure that eligible entities described in this subparagraph have access to grant funding under
this section after the end of such 21-day period.
(B) CERTIFICATION.—For purposes of establishing priority
under subparagraph (A), an applicant shall submit
a self-certification of eligibility for priority with the grant
application.
(4) GRANT AMOUNT.—
(A) AGGREGATE MAXIMUM AMOUNT.—The aggregate
amount of grants made to an eligible entity and any affiliated
businesses of the eligible entity under this subsection—
(i) shall not exceed $10,000,000; and
(ii) shall be limited to $5,000,000 per physical location
of the eligible entity.
(B) DETERMINATION OF GRANT AMOUNT.—
(i) IN GENERAL.—Except as provided in this paragraph, the amount of a grant made to an eligible
entity under this subsection shall be equal to the pandemic-related revenue loss of the eligible entity.
(ii) RETURN TO TREASURY.—Any amount of a grant made under this subsection to an eligible entity based
on estimated receipts that is greater than the actual gross receipts of the eligible entity in 2020 shall be
returned to the Treasury.
(5) USE OF FUNDS.—During the covered period, an eligible entity that receives a grant under this subsection may use the grant funds for the following expenses incurred as a direct result of, or during, the COVID–19 pandemic:
(A) Payroll costs.
(B) Payments of principal or interest on any mortgage obligation (which shall not include any prepayment of principal on a mortgage obligation).
(C) Rent payments, including rent under a lease agreement (which shall not include any prepayment of rent).
(D) Utilities.
(E) Maintenance expenses, including—
(i) construction to accommodate outdoor seating;
and
(ii) walls, floors, deck surfaces, furniture, fixtures, and equipment.
(F) Supplies, including protective equipment and cleaning materials.
(G) Food and beverage expenses that are within the scope of the normal business practice of the eligible entity before the covered period.
(H) Covered supplier costs, as defined in section 7A(a) of the Small Business Act (as redesignated, transferred,
and amended by section 304(b) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Public Law 116–260)).
(I) Operational expenses.
(J) Paid sick leave.
(K) Any other expenses that the Administrator determines to be essential to maintaining the eligible entity.
(6) RETURNING FUNDS.—If an eligible entity that receives a grant under this subsection fails to use all grant funds or permanently ceases operations on or before the last day of the covered period, the eligible entity shall return to the Treasury any funds that the eligible entity did not use for the allowable expenses under paragraph (5).
LAWSUITS: small business (in order of filing date)
Jake’s Bar and Grill/Vitolo v. Guzman, No. 3:21-cv-176 (E.D. Tenn., filed May 12, 2021)
Complaint
Motion for TRO, and memo, May 12, 2021
Supplemental brief, May 12, 2021
Order for hearing, May 13, 2021
Defendants’ opposition, May 16, 2021
Order denying TRO, May 17, 2021
Motion to stay (trial level), May 19, 2021
Memorandum opinion, May , 2021
Notice of appeal, May 20, 2021
Plaintiffs’ request to proceed with PI motion, May 20, 2021
Order denying preliminary injunction motion, May 25, 2021
Appellants’ emergency motion, May 20, 2021
Letter requesting response, May 20, 2021
US response to emergency motion, May 21, 2021
6C US response to emergency motion 5 21
Letter requesting update, May 21, 2021
Update from Judge McDonough, May 22, 2021
Update from US, May 24, 2021
Appellants’ emergency consolidation motion, May 24, 2021
US update letter suggesting mootness, May 26, 2021
Appellants’ reply, May 26, 2021
Vitolo v. Guzman, Nos. 21-5517/5528 (6th Cir., May 27, 2021)
US letter re processing plaintiffs’ application, May 28, 2021
Plaintiffs’ second emergency motion, June 2, 2021
| 06/02/2021 | 40 | TEXT ORDER Before the Court is Plaintiffs’ emergency motion for temporary restraining order and preliminary injunction (Doc. 39). Defendant is ORDERED to respond to Plaintiffs’ motion (Doc. 39) on or before June 3, 2021.Signed by District Judge Travis R McDonough on 6/2/2021. (VAM) (Entered: 06/02/2021) |
US opposition to second emergency motion, June 3, 2021
Order, June 4, 2021
Reply supporting TRO/preliminary injunction, June 7, 2021
Order denying TRO or preliminary injunction, June 10, 2021
US notice, June 11, 2021
[]
Trial level request for stay, July 14, 2021
Sixth Circuit motion for voluntary dismissal, July 14, 2021
Sixth Circuit dismissal order, July 14, 2021
US motion to dismiss, August 6, 2021
Stipulated dismissal, August 25, 2021
TEXAS
Greer’s Ranch Cafe v. Guzman, No. 4:21-651 (N.D. Tex., filed May 13, 2021)
Class action complaint
TRO motion and memo, May 16, 2021
Order for response, May 16, 2021
US TRO response, May 18, 2021
Temporary restraining order, May 18, 2021
Greers voluntary dismissal, May 19, 2021
| 10/06/2021 | Civil Case Terminated per DJ LC and Notice of Dismissal. (mmw) (Entered: 10/06/2021) |
For injunctive relief entered May 28, see Blessed Cajuns, below
Blessed Cajuns v. Guzman, No. 4:21-cv-677 (N.D. Tex., filed May 23, 2021)
Class action complaint, with exhibits
Blessed Cajuns class action complaint
Class certification motion, May 23, 2021
Preliminary injunction motion, May 23, 2021
Order for response, May 24, 2021
US response, May 25, 2021
Order for reply, May 26, 2021
Plaintiffs’ reply, May 27, 2021
US supplemental notice, May 27, 2021
Plaintiffs’ response to supplemental notice, May 28, 2021
US reply, May 28, 2021
Order for preliminary injunction in Blessed Cajuns and Greer’s, May 28, 2021
Order for response re receiver, May 29, 2021
US response re monitor, June 1, 2021
BC US response re monitor 6 1 21
Plaintiffs’ response re mootness, June 3, 2021
| 06/03/2021 | 23 | ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O’Connor: Preliminary Hearing held on 6/3/2021. Attorney Appearances: Plaintiff – Jonathan Mitchell, Charles Fillmore; Defense – Christopher Dodge. (Court Reporter: Zoie Williams) (No exhibits) Time in Court – :58. (chmb) (Entered: 06/03/2021) |
US supplemental declaration, June 11, 2021
Plaintiffs’ withdrawal of class certification motion, June 26, 2021
BC pltf notice wdw class cert mo
Order re status, June 28, 2021
Motion for leave to file second amended complaint (Bivens damages), July 30, 2021
Blessed Cajuns mo to file 2d am c
Scheduling order, July 31, 2021
Opposition to motion to allow second amended complaint, August 3, 2021
Reply supporting second amended complaint, August 6, 2021
Order allowing filing of second amended complaint, August 10, 2021
Second amended complaint, August 11, 2021
Partial motion to dismiss second amended complaint, November 2, 2021
Plaintiffs’ response to US partial motion to dismiss second amended complaint, November 23, 2021
BC response to partial mo dism 11 23
US motion to dismiss individual capacity claims, January 24, 2022
Blessed Cajuns US mo dism indiv c claims 1 24
Notice of dismissal, February 28, 2022
Blessed Cajuns notice dism 2 28
| 03/16/2022 | Civil Case Terminated per DJ Chambers and 57 Notice of Dismissal. (sre) (Entered: 03/16/2022) |
Affordable Care Act Litigation 