American Rescue Plan Act

The American Rescue Plan Act, Pub. L. []

BILLS-117hr1319enr

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

Tax cut offsets.  Various States have gone to court to seek orders insulating them from Federal recovery of American Rescue Plan Act funds that might arguably be used to offset state tax cuts.  See section 9901(c)(2).  There are ripeness issues, because the U.S. has not tried so far to recover any funds, and there are also issues about whether federal interim final regulations, which have been promulgated, can give the statute needed specificity.  Cases include West Virginia v. Yellen, No. 7:21-cv-465 (N.D. Ala.); Arizona v. Yellen, No. 2:21-cv-514-SMB (D. Ariz.); Missouri v. Yellen, No. 4:21-cv-376 (E.D. Mo.); and Ohio v. Yellen, No. 1:21-cv-181 (S.D. Ohio).

A case that has gone to judgment is Ohio v. Yellen, which entered a permanent injunction in Ohio’s favor in early July, 2021:

For the above reasons, the Court finds (1) that it has jurisdiction, (2) that Ohio has met its burden of establishing that the Tax Mandate, due to its ambiguity, exceeds Congress’s authority under the Spending Clause, and (3) that the IFR does not cure that constitutional violation. Moreover, Ohio is suffering irreparable harm due to that violation. And, unlike the case at the preliminary injunction stage, a permanent injunction will prevent that ongoing harm. Further, such an injunction is in the public interest. Accordingly, this Court GRANTS Ohio’s Motion for a Permanent In-junction (Doc. 38), and enjoins the Secretary from seeking to enforce the Tax Man-date, 42 U.S.C. § 802(c)(2)(A), against Ohio. Given that injunction, however, the Court DENIES Ohio’s request in that same motion for declaratory relief. (Id.). The Court further DENIES the Secretary’s Motion to Dismiss (Doc. 45). The Court DIRECTS the Clerk to enter judgment accordingly.

On the other hand, the court in West Virginia v. Yellen has denied the plaintiff States preliminary injunctive relief on the theory that harm to them is not irreparable:

The problem for the Plaintiff States in their quest for a preliminary injunction is that the preliminary injunctive relief that they request from this Court is an order prohibiting the Secretary from exercising her recoupment powers until this Court issues a merits decision in this case. But recoupment of ARPA funds is a quintessentially reparable injury because it can be “undone through monetary remedies.” See City of Jacksonville, 896 F.2d at 1285. Indeed, if the Secretary were to recoup ARPA funds from the Plaintiff States during the pendency of this lawsuit, this Court could simply—assuming it ultimately issues a permanent injunction and declares the Federal Tax Mandate unconstitutional—order the funds returned to the Plaintiff States. Cf. id. (“The possibility that adequate compensatory or other corrective relief will be available at a later date, in the ordinary course of litigation, weighs heavily against a claim of irreparable harm.”).

And the court in Arizona has denied relief on the theory that Arizona does not have standing:

Here, Arizona does not claim that the Secretary is currently enforcing the Restriction, and Arizona has not demonstrated a substantial likelihood of enforcement. Nowhere does Arizona claim to have directly or indirectly used ARPA funds to supplement a reduction in its net income. Arizona does not even claim the tax cut will result in a reduction in Arizona’s net income. And although Arizona claims it certified that it would comply with the Restriction, “under its own reasonable reading of the language,” it does not show how the tax cuts could violate the Restriction under any other reading. (Doc. 58 at 8). Because Arizona fails to show how the Restriction could apply to its recent tax cuts, it has not shown a realistic danger of sustaining a direct injury as a result of the Restriction’s enforcement.

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

AT v. Abbott complaint

Motion for TRO, with exhibits, August 18, 2021

AT v. Abbott TRO mo

Proposed scheduling order, with question about proper parties, September 1, 2021

25501323-0–92241

Scheduling order, September 3, 2021

25512466-0–93559

Defendants’ memo re proper parties, September 3, 2021

25513378-0–93676

Plaintiffs’ memo re proper parties, September 7, 2021

Pltf resp proper parties

Plaintiffs’ supplemental TRO memo, September 8, 2021

Pltf TRO mo supp

Scheduling order, September 9, 2021

Scheduling order 9 9

======

LAWSUITS: funding for states

Republican AGs letter re section 9901, March 16, 2021

yellen_letter_3-16_final

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)

2021-10283-2

ALABAMA

West Virginia v. Yellen, No. 7:21-cv-465 (N.D. Ala., filed March 31, 2021)

Complaint

5090544-0–126682

Motion/memo for preliminary injunction, April 13, 2021

merged_64798_-1-1618680951

04/23/202130TEXT 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

5114068-0–106636

National Taxpayers Union amicus, April 30, 2021

merged_15995_-1-1620494604

Chamber of Commerce of the US amicus, April 30, 2021

merged_22332_-1-1620494615

New Civil Liberties Alliance amicus, April 30, 2021

merged_4770_-1-1620494703

Notice re parties’ conference, May 3, 2021

5115389-0–110042

US opposition to preliminary injunction, May 7, 2021

5119857-0–110858

US notice re interim final rule, May 11, 2021

merged_27468_-1-1620845476

US notice of additional authority (Missouri), May 12, 2021

merged_17913_-1-1620845484

US notice of additional authority (Ohio), May 12, 2021

merged_65747_-1-1620915015

Wisconsin Legislature intervention request, May 13, 2021

merged_85244_-1-1621103361

Plaintiffs’ reply memo supporting intervention, May 14, 2021

5124784-0–87140

Order for US response to Wisconsin Legislature request, May 19, 2021

5127925-0–121778

Joint notice, May 19, 2021

5128523-0–123301

Tseytlin pro hac vice application, May 20, 2021

5128929-0–124558

US opposition to Wisconsin Legislature intervention, May 28, 2021

5136698-0–124084

Wisconsin Legislature reply, June 4, 2021

5140362-0-80018-2

Notice of additional authority (Ohio), July 2, 2021

merged_66951_-1-1625534210

Order denying preliminary injunction, July 14, 2021

5168823-0–39366

Joint stipulation of facts, July 29, 2021

5180280-0–38206

Plaintiffs’ motion for declaratory judgment, July 29, 2021

merged_85965_-1-1627774269

US motion to dismiss/opposition to injunction motion, August 12, 2021

5189940-0–41694-1

Plaintiffs’ reply/opposition, August 19, 2021

5195219-0–20813

US reply, August 26, 2021

WV US dism reply 8 26

=====

ARIZONA

Arizona v. Yellen, No. 2:21-cv-514-SMB (D. Ariz., filed March 25, 2021)

Complaint

merged_29388_-1-1616771870

03/26/20218MINUTE 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

file0.316333560311374

Motion for preliminary injunction, with exhibits, April 5, 2021

merged_27883_-1-1617717109

[]

Joint motion to set briefing schedule, April 14, 2021

merged_41563_-1-1618680591

Scheduling order, April 16, 2021

file0.508987245421064

National Taxpayers Union amicus, April 23, 2021

file0.115546171824587

file0.546674582679895

Buckeye Institute amicus, April 23, 2021

file0.71391022907677

file0.905277953288657

Chamber of Commerce amicus, April 23, 2021

file0.855577519434643-1

US opposition to motion for preliminary injunction, April 30, 2021

file0.799982250939262

Arizona motion for leave to exceed page limits on reply brief, including proposed reply brief, May 10, 2021

merged_71192_-1-1620845750

US opposition to additional pages, May 11, 2021

file0.871368542351899

US notice re interim final rule, May 11, 2021

merged_49818_-1-1620849183

Arizona reply re additional pages, May 11, 2021

file0.757849034193111

05/11/202137ORDER: 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

merged_40198_-1-1620845829

US notice of supplemental authority (Ohio), May 12, 2021

merged_9577_-1-1620915213-1

Order for supplemental briefing by 6/18, June 11, 2021

file0.284960032479045

Arizona motion to consolidate PI and merits, June 15, 2021

merged_42718_-1-1623895365

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

file0.452831172422645

Arizona supplemental brief, June 18, 2021

file0.412462879010615

Arizona response re interim rule, June 18, 2021

file0.581293618577671

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

file0.340230740877939

Arizona motion for extension of time to file supplemental brief, July 2, 2021

merged_91605_-1-1625535664

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

file0.99478383901636

US brief opposing motion for final judgment, July 7, 2021

file0.0514724511105094

Order dismissing action for lack of standing, July 22, 2021

file0.962940729028684

Judgment, July 22, 2021

file0.0089283041107926

Notice of appeal, July 23, 2021

file0.712970771399466

Ninth Circuit # 21-16227

Arizona opening brief, August 20, 2021

9C AZ opening br

Ohio et al amicus, August 27, 2021

9C Ohio amicus 8 27

Chamber of Commerce amicus, August 27, 2021

9C Chamber amicus 8 27

==========

MISSOURI

Missouri v. Yellen, No. 4:21-cv-376 (E.D. Mo., filed March 30, 2021)

Complaint

Missouri v. Yellen complaint

Preliminary injunction motion and memo, April 2, 2021

MOvY PI mo w exhibits

MOvY PI memo

Order for hearing 5/4, April 15, 2021

MOvY order for hearing

Chamber of Commerce amicus, with motion for leave, April 15, 2021

MOvY CofC mo leave

MOvY CofC amicus

National Taxpayers Union amicus, April 23, 2021

NTU amicus

US opposition to preliminary injunction, April 23, 2021

US pi op 4 23 21

05/04/202125ELECTRONIC 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

MO v. Y MO notice of appeal

Eighth Circuit # 21-2118

Missouri opening brief, July 14, 2021

8C MO OB

Arizona amicus, July 22, 2021

8C AZ amicus

U.S. Chamber of Commerce amicus, July 22, 2021

8C US Chamber amicus

US appellee brief, September 17, 2021

8C US appellee br

 

OHIO

Ohio v. Yellen, No. 1:21-cv-181 (S.D. Ohio, filed March 17, 2021)

Complaint

7514108-0–22508

Motion for preliminary injunction, March 17, 2021

7514167-0–22647

Wallace motion to intervene, March 24, 2021

7524067-0–26403

Joint stipulation asking for briefing schedule, March 25, 2021

7526168-0–16897

Order denying Wallace motion to intervene, March 30, 2021

7531274-0–25592

Order setting briefing schedule, March 30, 2021

7531926-0–27060

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

7545433-0–23888

7545453-0–24286

National Taxpayers Union Foundation amicus, April 9, 2021

merged_66985_-1-1617996085

Chamber of Commerce of the U.S. amicus, April 9, 2021

7546286-0–2698

Buckeye Institute amicus, April 9, 2021

7546364-0–2306

US opposition, April 16, 2021

7555847-0–29976

Ohio reply, April 22, 2021

7561908-0–3271

US notice re interim final rule, May 10, 2021

merged_69133_-1-1620858721

Ohio response to US notice, lodged May 11, 2021

7585444-0–32583

Opinion and order, May 12, 2021

7586789-0–28592

Ohio emergency motion to expedite, May 12, 2021

7586984-0–28096

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

merged_15122_-1-1621616063

Buckeye Institute amicus, May 21, 2021

merged_57948_-1-1621787317

New Civil Liberties Alliance amicus, May 26, 2021

merged_23673_-1-1622243392

US combined motion to dismiss and preliminary injunction opposition, June 2, 2021

7617704-0–7830

Ohio reply/opposition, June 7, 2021

7623644-0–18821

Goldwater Institute amicus, June 8, 2021

7626007-0–18473

Michigan legislators’ amicus, June 9, 2021

7626190-0–19147

US reply supporting motion to dismiss, June 11, 2021

7631724-0–17876

Ohio notice of additional authority (Collins v. Yellen), June 24, 2021

7645994-0–455

Opinion, July 1, 2021

Ohio v Yellen opinion 7 1 21

Wallace Sixth Circuit #, 21-3646

Wallace petition, July 30, 2021

6C Ohio Wallace Petition

US notice of appeal, August 27, 2021

US notice of appeal, 8 27

Sixth Circuit # 21-3787

Ohio motion to expedite, September 3, 2021

6C Ohio mo expedite 9 3

US opposition to expediting, September 3, 2021

6C US expediting op 9 3

Ohio reply supporting expediting, September 3, 2021

6C Ohio expedite reply 9 3

Order partially expediting briefing, September 7, 2021

6C Ohio v. Yellen order expediting briefing

Revised scheduling order, September 8, 2021

6C revised sch order

======

TEXAS

Texas v. Yellen, No. 2:21-cv-79 (N.D. Tex., filed May 3, 2021)

Complaint

TX v. Yellen complaint

US motion to dismiss, July 19, 2021

TX v. Yellen US mo dism

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

======

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)

06/11/202126 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 complaint

Wynn motion for preliminary injunction, with declaration, May 25, 2021

Wynn PI mo

Wynn declaration

Order requiring service, May 26, 2021

Wynn order re service

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

Rogers complaint 6 29 21

US motion to stay, July 19, 2021

Rogers US stay mo 7 19

Opposition to motion to stay, August 9, 2021

Rogers op to stay

US reply supporting stay, August 23, 2021

03919623398

US supplemental authority (McKinney), August 31, 2021

Rogers US supp auth McKinney

US motion for extension, September 1, 2021

Rogers US xt mo 9 1

Plaintiffs’ response to US extension motion, September 1, 2021

Regers extension op 9 1

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

Rogers US supp auth (ND)

=============

FLORIDA

Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla., filed May 18, 2021)

Complaint

Wynn complaint

Wynn motion for preliminary injunction, with declaration, May 25, 2021

Wynn PI mo

Wynn declaration

Order requiring service, May 26, 2021

Wynn order re service

US opposition to preliminary injunction motion, June 4, 2021

Wynn US PI op

Wynn preliminary injunction reply, June 9, 2021

Wynn PI reply

National Black Farmers Ass’n amicus, June 10, 2021

NBFA amicus

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 addl auth Faust

 

Wynn US PI op

Wynn preliminary injunction reply, June 9, 2021

Wynn PI reply

National Black Farmers Ass’n amicus, June 10, 2021

NBFA amicus

06/11/202126 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 addl auth Faust

Scheduling order, July 8, 2021

Wynn scheduling order 7 8

Wynn US motion for stay, July 12, 2021

Wynn US motion to stay

Wynn US motion for administrative stay, July 12, 2021

Wynn US motion for admin stay

Wynn opposition to administrative stay, July 12, 2021

Wynn op to admin stay

Wynn supplemental authority re motion for administrative stay, July 13, 2021

Wynn supp auth Faust

Answer, July 14, 2021

US answer in Wynn

Plaintiff’s opposition to stay, July 26, 2021

Wynn pltf op stay 7 26

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

Wynn US mo leave file reply

Plaintiff’s opposition to US motion for leave to file, July 27, 2021

Wynn pltf op US mo reply

Wynn supplemental authority (Holman), August 2, 2021

Wynn supp auth Holman

US supplemental authority (Carpenter), August 16, 2021

Wynn US supp auth Wyoming

US supplemental authority (Joyner), August 19, 2021

Wynn US supp auth Joyner

Scheduling order, August 20, 2021

Wynn scheduling order 8 20

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

Wynn sur-reply vs stay

==============

MINNESOTA

Nuest v. Vilsack, 0:21-cv-1572 (D. Minn., filed July 7, 2021)

Complaint

Nuest complaint

NORTH DAKOTA

Tiegs v. Vilsack, 3:21-cv-147 (D.N.D., filed July 6, 2021)

Complaint

1553563-0–50884

[]

[]

Stay order, September 7, 2021

1577089-0–1893

OREGON

Dunlap v. Vilsack, 2:21-cv-942 (D. Or., filed June 24, 2021)

Complaint

7480167-0–107769

Motion/memo for preliminary injunction, June 29, 2021

merged_95339_-1-1626459331

US motion for stay, July 12, 2021

7498050-0–111414

US motion for administrative stay, July 12, 2021

7497809-0–111186-1

Plaintiffs’ opposition to administrative stay, July 13, 2021

7500022-0–115697

US reply supporting stay, July 15, 2021

7502043-0–117490

TENNESSEE

Holman v. Vilsack, No. 1:21-cv-1085 (W.D. Tenn., filed June 2, 2021)

Complaint

4170095-0–115382

Motion for preliminary injunction, including memo and exhibits, June 6, 2021

merged_53792_-1-1623185478

06/08/202110 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

4175354-0–109637

Plaintiffs’ opposition to US motion to continue, June 9, 2021

merged_65627_-1-1623343806

Order granting continuance, June 10, 2021

4175565-0–110585

06/10/202114 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

merged_22464_-1-1624767614

American Indian Farmers’ conditional intervention, June 24, 2021

merged_45531_-1-1624767666

US preliminary injunction opposition, June 25, 2021

merged_26642_-1-1624767752

[]

06/29/202137 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

merged_49944_-1-1625599382

Holman plaintiffs’ opposition to intervention, July 7, 2021

4192987-0–17352

Holman preliminary injunction, July 8, 2021

4193892-0–17980

Note from Black Farmers re intervention process, July 9, 2021

4194471-0–18029

Order holding motion to intervene in abeyance, July 13, 2021

4196107-0–114141

US motion to stay, July 14, 2021

merged_91520_-1-1626448653

US motion for administrative stay, July 14, 2021

4197605-0–115601

Order partially granting motion for administrative stay, July 15, 2021

4197989-0–116244

Plaintiffs’ opposition to motion for stay, July 28, 2021

merged_54048_-1-1627758465

Order denying motion for stay, August 2, 2021

4209177-0–681

Joyner v. Vilsack, No. 1:21-cv-1089 (W.D. Tenn., filed June 15, 2021

Complaint

4179157-0–130348

US motion to stay, July 16, 2021

merged_31651_-1-1626448890

Plaintiffs’ opposition to motion to stay, July 30, 2021

4208654-0–126681

Defendant’s reply brief supporting stay, August 6, 2021

4212490-0–2299

US notice of additional authority (Wyoming), August 16, 2021

merged_21846_-1-1629581684

Order for stay, August 19, 2021

4220800-0–106870

TEXAS

Miller v. Vilsack, No. 4:21-cv-595 (N.D. Tex., filed April 26, 2021)

Complaint

Sid Miller complaint

Lea intervention, May 4, 2021

Lea filing in Miller

US opposition to Lea intervention, May 25, 2021

Miller farmers US resp Lea

First amended class action complaint, June 2, 2021

Miller first amended complaint

Motion for class certification, June 2, 2021

Miller class cert mo

Miller class cert ms exhib

Scheduling order, June 2, 2021

Miller scheduling order re class cert

Motion for preliminary injunction, memo with exhibits, June 2, 2021

Miller PI mo

Miller PI ms xhib

Scheduling order, June 2, 2021

Miller injunction scheduling order

National Ass’n of Black Farmers/American Indian Farmers motion to intervene, June 9, 2021

NABF ms intervene

Plaintiffs’ notice of additional authority (Faust), June 10, 2021

Miller notice addl auth Faust

US opposition to motion for preliminary injunction, June 11, 2021

Miller US pi op

US opposition to class certification motion, June 11, 2021

Miller US class cert op

Association of American Indian Farmers amicus, June 11, 2021

Miller black farmers amicus 6 11

Plaintiffs’ reply supporting class certification, June 18, 2021

Miller class cert reply

Plaintiffs’ preliminary injunction reply, June 18, 2021

Miller PI reply

Perry motion to intervene, June 21, 2021

Perry interv mo

Plaintiffs’ notice of supplemental authority (Florida), June 24, 2021

Miller pltf supp auth Wynn

[]

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

Miller farmers order req resp

Plaintiffs’ response, July 5, 2021

Miller pltf resp

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

Miller scheduling order 7 7

Plaintiffs’ sur-reply, July 8, 2021

Miller plaintiffs sur reply

US opposition to Perry intervention July 12, 2021

Miller US op to Perry interv

Motion to opt out, September 3, 2021

Miller opt out mo

WISCONSIN

Faust v. Vilsack, No. 1:21-cv-548 (E.D. Wis., filed April 29, 2021)

Complaint

Faust complaint

Lea intervention, May 4, 2021

Faust Lea interv

Amended complaint, May 19, 2021

Faust amended complaint

Faust plaintiffs’ opposition to Lea intervention, May 25, 2021

Faust farmers pltf op Lea

Faust US opposition to Lea intervention, May 25, 2021

Faust farmers US resp Lea

[]

Faust TRO motion, June 3, 2021

Faust TRO mo

Faust preliminary injunction motion, and memo in support with exhibits, June 3, 2021

Faust PI mo

Faust memo supporting motions

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

Faust reply supporting TRO

Order denying Lea joinder, June 10, 2021

Faust order against Lea

TRO, June 10, 2021

Faust TRO

National Black Farmers Ass’n amicus, June 10, 2021

Faust NBFA amicus

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

Faust US PI op

Rural Coalition amicus, June 23, 2021

Faust Rural Coalition amicus

Plaintiffs’ reply, June 23, 2021

Faust pltf pi reply

Minute entry, June 24, 2021

Faust minute entry

Plaintiffs’ supplemental brief, June 25, 2021

Faust pltf supp 6 25

Defendants’ supplemental brief, June 25, 2021

Faust def supp 6 25

Order staying preliminary injunction proceedings given Wynn, July 6, 2021

Faust stay order

US motion to stay, July 12, 2021

Faust US mo stay

US motion for administrative stay, July 12, 2021

Faust US mo admin stay

Plaintiffs’ opposition to Perry joinder, July 12, 2021

Faust pltf op to Perry joinder

US opposition to Perry joinder, July 12, 2021

Faust US op to Perry joinder

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

Order denying Perry interv

Faust opposition to US motion for stay, August 2, 2021

Faust pltf op to US stay mo

Faust notice of additional authority (Holman), August 3, 2021

Faust supp auth Holman

US reply supporting stay, August 16, 2021

Faust US reply supporting stay

US notice of additional authority (Joyner), August 19, 2021

Faust US supp auth Joyner

Stay order, August 23, 2021

20314699706-3

============

FLORIDA

Wynn v. Vilsack, No. 3:21-cv-514 (M.D. Fla., filed May 18, 2021)

Complaint

Wynn complaint

Wynn motion for preliminary injunction, with declaration, May 25, 2021

Wynn PI mo

Wynn declaration

Order requiring service, May 26, 2021

Wynn order re service

US opposition to preliminary injunction motion, June 4, 2021

Wynn US PI op

Wynn preliminary injunction reply, June 9, 2021

Wynn PI reply

National Black Farmers Ass’n amicus, June 10, 2021

NBFA amicus

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 addl auth Faust

Wynn Black Farmers motion and memo, proposed answer, June 15, 2021

Wynn BF mo interv

Wynn BF ms interv

Wynn BF interv answer

Minute entry, June 16, 2021

Wynn PI minute entry 6 16

Wynn notice of related actions, June 22, 2021

Wynn notice of related actions

Wynn joint notice re parties’ positions on consolidating, June 22, 2021

Wynn joint notice re consol

Order granting preliminary injunction, June 23, 2021

Wynn pi

Wynn competing scheduling proposals, June 29, 2021

Wynn scheduling proposals 6 29

Scheduling order, July 8, 2021

Wynn scheduling order 7 8

[]

Notice of supplemental authority (ND), September 13, 2021

Wynn US supp autho ND

WYOMING

Carpenter v. Vilsack, No. 0:21-cv-103 (D. Wyo., filed May 24, 2021)

Complaint

1889153-0–102535

Motion and memo for stay, July 19, 2021

merged_25728_-1-1626958184

merged_32070_-1-1626958366

Opposition to motion for stay, August 2, 2021

merged_36700_-1-1628442538

Reply supporting stay, August 9, 2021

1914783-0–10081

Stay order, August 16, 2021

1917165-0–105311

TENNESSEE

Holman v. Vilsack, No. 1:21-cv-1085 (W.D. Tenn., filed June 2, 2021)

Complaint

4170095-0–115382

Motion for preliminary injunction, including memo and exhibits, June 6, 2021

merged_53792_-1-1623185478

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

4175354-0–109637

Plaintiffs’ opposition to US motion to continue, June 9, 2021

merged_65627_-1-1623343806

Order granting continuance, June 10, 2021

4175565-0–110585

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

merged_22464_-1-1624767614

American Indian Farmers’ conditional intervention, June 24, 2021

merged_45531_-1-1624767666

US preliminary injunction opposition, June 25, 2021

merged_26642_-1-1624767752

[]

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

merged_49944_-1-1625599382

Holman plaintiffs’ opposition to intervention, July 7, 2021

4192987-0–17352

Holman preliminary injunction, July 8, 2021

4193892-0–17980

Note from Black Farmers re intervention process, July 9, 2021

4194471-0–18029

SOUTHERN ILLINOIS

Kent v. Vilsack, No. 3:21-cv-540 (S.D. Ill., filed June 7, 2021)

Complaint

Kent complaint

06/09/2021 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

Kent US mo stay

US motion for administrative stay, July 14, 2021

Kent US mo admin stay answer DL

Opposition to motion for administrative stay, July 15, 2021

Kent pltf stay op 7 15

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

Kent pltf stay op 8 13

US reply supporting stay, August 20, 2021

Kent US reply supporting stay

/EASTERN TEXAS

McKinney v. Vilsack, No. 2:21-cv-212 (E.D. Tex., filed June 10, 2021)

Complaint

13009211-0–82910

McKinney motion for preliminary injunction, with supporting affidavit, June 17, 2021

merged_30976_-1-1624735991

13022879-0–88882

Black Farmers’ unopposed conditional motion to intervene, July 6, 2021

merged_81141_-1-1625930223

US motion to stay, July 12, 2021

merged_37010_-1-1626449508

US motion for administrative stay, July 12, 2021

merged_79925_-1-1626449562

Plaintiffs’ opposition to motion for stay, July 13, 2021

merged_79925_-1-1626449562

US reply supporting stay, July 15, 2021

13061801-0–55668

Plaintiffs’ opposition to intervention, July 16, 2021

merged_78224_-1-1626836468

McKinney stay opposition, August 6, 2021

merged_18400_-1-1628365899

Stay reply, August 13, 2021

13106433-0–122123

US notice of additional authority (Wyoming), August 16, 2021

merged_69679_-1-1629582128

US notice of additional authority (Western Tennessee), August 19, 2021

merged_75206_-1-1629582217

Plaintiff’s sur-reply, August 20, 2021

13118220-0–32104

US additional authority (Faust), August 23, 2021

US addl auth stay (Faust)

Stay order, August 30, 2021

13132332-0–58329

====

TENNESSEE

Joyner v. Vilsack, No. 1:21-cv-1089 (W.D. Tenn., filed June 15, 2021

Complaint

4179157-0–130348

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

4497800-0–76295

Motion for TRO, and memo, May 12, 2021

4498302-0–81109

merged_85107_-1-1622314683

Supplemental brief, May 12, 2021

4498611-0–82153-1

Order for hearing, May 13, 2021

4498710-0–83377

Defendants’ opposition, May 16, 2021

merged_33597_-1-1622314986

Order denying TRO, May 17, 2021

4501911-0–84942

Motion to stay (trial level), May 19, 2021

4503897-0–85822

Memorandum opinion, May , 2021

4503993-0–87216

Notice of appeal, May 20, 2021

4503993-0–87216

Plaintiffs’ request to proceed with PI motion, May 20, 2021

4503993-0–87216

Order denying preliminary injunction motion, May 25, 2021

4508375-0–88878

Appellants’ emergency motion, May 20, 2021

6C emergency mo

Letter requesting response, May 20, 2021

6C letter requesting response

US response to emergency motion, May 21, 2021

6C US response to emergency motion 5 21

Letter requesting update, May 21, 2021

6C letter re update

Update from Judge McDonough, May 22, 2021

6C Judge McDonough update

Update from US, May 24, 2021

6C US update 5 24

Appellants’ emergency consolidation motion, May 24, 2021

6C appellants consol mo

US update letter suggesting mootness, May 26, 2021

6C US letter 5 26

Appellants’ reply, May 26, 2021

6C appellants reply 5 26

Vitolo v. Guzman, Nos. 21-5517/5528 (6th Cir., May 27, 2021)

21a0120p-06

US letter re processing plaintiffs’ application, May 28, 2021

6C US letter 5 28

Plaintiffs’ second emergency motion, June 2, 2021

merged_46674_-1-1622925339

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

merged_62238_-1-1622925487

Order, June 4, 2021

Order 6 4

Reply supporting TRO/preliminary injunction, June 7, 2021

4517653-0–1627

Order denying TRO or preliminary injunction, June 10, 2021

4521321-0–2050

US notice, June 11, 2021

[]

Trial level request for stay, July 14, 2021

4548613-0–9360-1

Sixth Circuit motion for voluntary dismissal, July 14, 2021

8C notice vol dism

Sixth Circuit dismissal order, July 14, 2021

8C dismissal order

US motion to dismiss, August 6, 2021

merged_12363_-1-1628379040

Stipulated dismissal, August 25, 2021

Stip dism 8 25

TEXAS

Greer’s Ranch Cafe v. Guzman, No. 4:21-651 (N.D. Tex., filed May 13, 2021)

Class action complaint

Greers class action complaint

TRO motion and memo, May 16, 2021

Greers TRO mo

Greers TRO ms

Order for response, May 16, 2021

Greers order for TRO response

US TRO response, May 18, 2021

Greers US TRO response

Greers US TRO appendix

Temporary restraining order, May 18, 2021

Greers order for TRO

Greers voluntary dismissal, May 19, 2021

Greers voluntary dismissal

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

Blessed Cajuns class cert mo

Blessed Cajuns class cert ms

Preliminary injunction motion, May 23, 2021

Blessed Cajuns pi mo

Blessed Cajuns pi ms w exhib

Order for response, May 24, 2021

BC order for response

US response, May 25, 2021

BC US response

Order for reply, May 26, 2021

BC order for reply

Plaintiffs’ reply, May 27, 2021

BC pi reply

US supplemental notice, May 27, 2021

US supplemental notice 5 27

Plaintiffs’ response to supplemental notice, May 28, 2021

BC response to supp notice

US reply, May 28, 2021

US reply 5 28

Order for preliminary injunction in Blessed Cajuns and Greer’s, May 28, 2021

BC and Greer PI order

Order for response re receiver, May 29, 2021

BC order resp receiver

US response re monitor, June 1, 2021

BC US response re monitor 6 1 21

Plaintiffs’ response re mootness, June 3, 2021

BC pltf response re mootness

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

BC US supp dec 6 11

Plaintiffs’ withdrawal of class certification motion, June 26, 2021

BC pltf notice wdw class cert mo

Order re status, June 28, 2021

Order for status report

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

secheduling order

Opposition to motion to allow second amended complaint, August 3, 2021

BC US op 2d amd c

Reply supporting second amended complaint, August 6, 2021

BC 2d amd c reply

Order allowing filing of second amended complaint, August 10, 2021

BC order 2d amd c

Second amended complaint, August 11, 2021

BC 2d amd c