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COVID-19: Federal Update (9/2)


Quick Takes

— COVID-19 RELIEF NEGOTIATIONS REMAIN DEADLOCKED. House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin held another round of negotiations on pandemic relief legislation to no avail yesterday.

— DEMOCRATIC INCUMBENTS PREVAIL IN MASSACHUSETTS PRIMARY. Sen. Ed Markey (D-MA) and House Ways and Means Chairman Richard Neal (D-MA) each defeated their primary challengers yesterday.

— TRUMP PAYROLL TAX DEFERRAL FINDS FEW TAKERS AMONG BUSINESSES. Few businesses are expected to participate in a plan that would likely lead to less take-home pay for workers early next year.


— CDC EXERCISES QUARANTINE AUTHORITY TO HALT EVICTIONS. The order temporarily halts residential evictions to prevent further spread of COVID-19 until Dec. 31, 2020. 


Capitol Hill Update

— COVID-19 RELIEF NEGOTIATIONS REMAIN DEADLOCKED.  House Speaker Nancy Pelosi (D-CA) and Treasury Secretary Steven Mnuchin held another round of negotiations on pandemic relief legislation to no avail yesterday. In a statement following their 36-minute phone call, the Speaker acknowledged that the two sides still remain far apart on the size and scope of the next round of aid, saying there are "serious differences [in] understanding the gravity of the situation that America's working families are facing." Meanwhile, Secretary Mnuchin emphasized the need for additional COVID-19 legislation at the House Select Committee on the Coronavirus Crisis hearing yesterday afternoon, signaling that the White House is prioritizing schools, health care, small business, unemployment, child care, U.S. Postal Service, and liability protections for the next relief bill. For more on Tuesday's hearing with Secretary Mnuchin, click here to read TRP's hearing summary.


Washington Insider: What We're Reading

The Hill: Trump Payroll Tax Deferral Finds Few Takers Among Businesses

September kicks off the payroll tax deferral period initiated by President Trump last month, but few businesses are expected to participate in a plan that would likely lead to less take-home pay for workers early next year. Under guidance issued by the IRS last week, employers can stop withholding Social Security payroll taxes from paychecks from Sept. 1 through Dec. 31 for employees who make less than $4,000 on a biweekly basis. The money would then be collected by having businesses increase the amount of taxes withheld from paychecks in the first four months of 2021.

Associated Press: Trump Administration Plans Expanded Use of Personal Data

The Trump administration announced plans Tuesday to expand the collection of personal “biometric” information by the agency in charge of immigration enforcement, raising concerns about civil liberties and data protection. In a statement, the Department of Homeland Security said it would soon issue a formal proposal for a new regulation for expanding “the authorities and methods” for collecting biometrics, which are physical characteristics such as fingerprints used to identify individuals.

Reuters: Bipartisan Campaign Aims to Reassure U.S. Voters as Trump Questions Election Integrity

At least a dozen groups are planning a large-scale, bipartisan public relations campaign to counter any attempt by President Donald Trump to cast doubt on the integrity of the November election or dispute the result should he lose, people involved in the effort told Reuters. One organization, the National Task Force on Election Crises, is contacting leading politicians from both major parties, military figures, star athletes, faith leaders and business executives, asking them to reassure voters about the integrity of the election result if chaos ensues after the Nov. 3 contest.

The Hill: Land Management Bureau Rule Allows Itself to Issue Mass Royalty Cuts for Mining

The Trump administration on Monday finalized a rule allowing itself to issue area-wide and industry-wide reductions on fees that companies pay to the government in exchange for the ability to extract certain minerals from public lands. While these royalty rate cuts are typically granted by the Bureau of Land Management on a case-by-case basis when companies apply for them, the agency's new rule codifies its ability to issue reductions “on its own initiative.”

Washington Insider: What We're Hearing

— THE LATEST ON PANDEMIC RELIEF LEGISLATIONSenate Republicans are pushing for action on a slimmed-down version of their HEALS Act legislation when they return from the August district work period. GOP Conference Chairman John Barrasso (R-WY) told reporters that he's hopeful that the Delivering Immediate Relief to America’s Families, Schools and Small Businesses Act will be called up for a vote next week, noting that timing still needs to be ironed out by Senate Majority Leader Mitch McConnell (R-KY). The draft version of the legislation contains pandemic-related provisions on testing, treatment, vaccines, the postal service, small business relief, education, unemployment insurance, and liability protections. For more on the Senate GOP's "skinny" relief bill, click here to read TRP's analysis.

PANDEMIC EXECUTIVE ORDERS. With negotiations on the next round of COVID-19 relief legislation at a standstill, President Donald Trump issued a series of executive orders on pandemic-related priorities. The orders seek to restore the enhanced federal unemployment benefits at a rate lower than the CARES Act allocation, defer payroll taxes until early 2021, renew the moratorium on evictions, and continue deferring student loan payments and accrued interest under the CARES Act statute. The executive actions do not touch on any health-specific priorities such as testing and treatment, nor do they address liability-related issues — leaving employers at risk of litigation until a compromise deal is hammered out. 

Details on the orders include: 

  • Unemployment Insurance. This order seeks to extend the pandemic unemployment assistance (PUA) established by the CARES Act, lowering the weekly bonus from $600 to $400. The administration calls on states to front 25 percent of the cost — equivalent to $100 toward the weekly benefit — with the federal government covering the remaining 75 percent. To fund the revamped PUA, the White House outlined hundreds of billions in federal funding that the administration plans to “reprogram” in a manner similar to the way it has diverted Pentagon funding for wall construction on the U.S.-Mexico border. The president says he will tap into roughly $80 billion in unallocated money from the CARES Act State, Local, and Tribal Coronavirus Relief Fund, as well as more than $40 billion from the Federal Emergency Management’s (FEMA) Disaster Relief Fund, to fund these efforts.

  • Payroll Tax. This order directs the Treasury Department to allow employers to defer payment of employee-side Social Security payroll taxes through the end of 2020 for employees earning less than about $100,000 annually. While the text of the EO states that the intended deferral period would start Sept. 1, President Trump suggested that it could be retroactive to Aug. 1, saying that he hopes to forgive the deferred payroll taxes and make permanent payroll tax cuts if he is reelected in November. While the tax code does give the Treasury secretary authority to delay tax filing and collection amid presidentially-declared disasters, it remains to be seen whether employers will stop withholding payroll taxes given the risk of future liability. Critics of this particular order have also expressed concerns about the impact this action could have on both the short and long-term solvency of the Social Security and Medicare trust funds.

  • Housing. This EO outlines potential policy actions that federal agencies could take to address housing evictions during the balance of the pandemic, but does not offer an explicit pause on evictions. Specifically, the order instructs agencies to: (1) consider whether halting evictions will help stem the spread of COVID-19 across state lines; (2) identify funds available to provide temporary financial assistance to renters and homeowners; (3) promote the ability of renters and homeowners to avoid eviction or foreclosure by encouraging and providing assistance to public housing authorities, affordable housing owners, landlords, and recipients of Federal grant funds in minimizing evictions and foreclosures; and (4) review all existing authorities and resources that may be used to prevent evictions and foreclosures for renters and homeowners. Congressional Democrats reportedly agree that the president does have the authority to address housing evictions via executive order, but are unlikely to be satisfied with what they would consider to be the administration’s watered-down approach in this executive action.

  • Student Loans. This order directs the Department of Education to take the necessary steps to continue the CARES Act policy that temporarily pauses payments and waives interest on student loans held by the Department until Dec. 31. The EO does not, however, specifically reference student loan debt collection or counting non-payments toward public service loan forgiveness, both of which were included in the CARES Act. Additionally, the EO does not offer coverage for federal student loan borrowers whose debt is held by private lenders or their colleges — a priority that Congressional Democrats have sought in the COVID-19 relief talks.


— HEALS Act. Senate Republicans officially introduced their opening offer proposal for the next round of COVID-19 relief legislation following days of intraparty negotiations between GOP Senators and White House officials. The legislative package was officially released as multiple pieces of legislation, with six total sections:

Click here to view TRP's side-by-side of the Senate GOP HEALS Act and the House Democratic HEROES Act.


COVID-19 Legislative & Regulatory Trackers

NEW TODAY...

— CDC EXERCISES QUARANTINE AUTHORITY TO HALT EVICTIONS. In response to President Trump's executive order aimed at extending the moratorium on housing evictions, the Centers for Disease Control and Prevention (CDC) issued an order under the agency's quarantine authority that temporarily halts residential evictions to prevent further spread of COVID-19 until Dec. 31, 2020.

— NATIONAL ACADEMY OF MEDICINE RELEASES PRELIMINARY FRAMEWORK FOR VACCINE DISTRIBUTION. The National Academies of Science, Engineering, and Medicine released a preliminary framework for COVID-19 vaccine distribution. The draft elaborates on lessons learned from past vaccine campaign strategies for allocating scarce resources during the COVID-19 pandemic. Click here to read TRP's summary of the framework.

— TRICARE TO COVER INVESTIGATIONAL COVID-19 DRUGS. The Assistant Secretary of Defense for Health Affairs issued an interim final rule (IFR) designed to bolster TRICARE coverage during the COVID-19 pandemic. Click here to read TRP's summary of the rule.

— HHS ANNOUNCES DISTRIBUTION FOR ASSISTED LIVING FACILITIES. The Department of Health and Human Services (HHS) announced that assisted living facilities (ALFs) may now apply for funding under the Provider Relief Fund Phase 2 General Distribution allocation. 

— FDA ANNOUNCES COVID-19 ADVISORY COMMITTEE MEETING. The Food and Drug Administration (FDA) announced that a public meeting of the Vaccines and Related Biological Products Advisory Committee will be held on Oct. 22, 2020, to discuss the development, authorization, and/or licensure of vaccines indicated to prevent COVID-19.


RECENT DEVELOPMENTS...

— HHS OUTLINES LIABILITY PROTECTIONS FOR NURSING HOMES TO ADMINISTER ASYMPTOMATIC COVID-19 TESTING. HHS issued guidance outlining legal protections for health providers who administer COVID-19 tests to screen people without symptoms in group living facilities such as nursing homes.

— TRUMP ADMINISTRATION ISSUES GUIDANCE ON PAYROLL TAX EO. The Treasury Department and Internal Revenue Service (IRS) issued guidance outlining implementation steps for the President's executive order on the payroll tax deferral. The guidance postpones some payroll taxes that would normally be due between Sept. 1 and Dec. 31 and makes them due between Jan. 1 and April 30, 2021.

— CMS ISSUES NEW FAQS ON PROVIDER RELIEF FUND. The Centers for Medicare & Medicaid Services (CMS) released an additional list of Frequently Asked Questions (FAQs) to Medicare providers regarding the Provider Relief Fund and the Small Business Administration’s Paycheck Protection Program payments. 

  • The FAQs address how to report provider relief fund payments, uninsured charges reimbursed through the Uninsured Program administered by Health Resources and Services Administration, and Small Business Administration (SBA) Loan Forgiveness amounts. The FAQs also address that provider relief fund payments should not offset expenses on the Medicare Cost Report.  

— HHS ANNOUNCES $2.5 BILLION PROVIDER RELIEF FUND DISTRIBUTION TO NURSING HOMES. HHS announced that it has distributed $2.5 billion of a planned $5 billion in funding to nursing homes aimed at supporting increased testing, staffing, and personal protective equipment (PPE) needs.

  • The funding allocation was made through the Health Resources and Services Administration (HRSA) as a targeted distribution from the $175 billion Provider Relief Fund.

— FHFA EXTENDS COVID-19 FORBEARANCE POLICY. The Federal Housing Finance Agency (FHFA) announced that Fannie Mae and Freddie Mac (the Enterprises) will extend buying qualified loans in forbearance and several loan origination flexibilities until Sept. 30, 2020. 


— CMS ISSUES GUIDANCE FOR IMPLEMENTING NEW TESTING REQUIREMENTS IN NURSING HOMES AND LABS. CMS issued guidance for nursing homes and clinical laboratories aimed at preventing and mitigating the spread of COVID-19.

  • The guidance requires all nursing homes to test all residents and staff for COVID-19 and includes a new survey tool. It also recommends that facilities that conduct patient lab tests use authorized detection antigens as another deterrent in infection prevention and control.

— FDA APPROVES RAPID COVID-19 TEST FOR EMERGENCY USE. FDA issued an emergency use authorization (EUA) for Abbott's antigen test where results can be read directly from the testing card, a similar design to some pregnancy tests. 


— HHS EXTENDS PROVIDER RELIEF FUND APPLICATION DEADLINE. HHS has extended the deadline to apply for funding through the CARES Act Provider Relief Fund to Sunday, Sept. 13.

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