Thurday, April 2, 2020

Today’s federal response to the COVID-19 pandemic included announcements from the White House, various federal agencies and the Federal Reserve, as well as continued interest in additional Congressional efforts. Below is a synopsis of actions over the last 24 hours.

Paycheck Protection Program Loan Program Update

From the U.S. Department of Treasury: Starting April 3, 2020, small businesses and sole proprietorships can apply for and receive loans to cover their payroll and other certain expenses through existing SBA lenders.

• See the Department of Treasury Paycheck Protection Program Fact Sheet here.
• See the PPP Loan Application posted by the Department of Treasury here.

Congress

• House Democrats continue efforts to develop a “phase four” response, expected later this month
• As reported in our last update, House Speaker Pelosi held a Wednesday press conference to discuss potential infrastructure investments as part of the next response package
  • See transcript of the call here; more from Transportation and Infrastructure Committee Chairman DeFazio here; and a statement from Ranking Member Graves here
• Today, House Speaker Pelosi announced the creation of the House Select Committee on the Coronavirus Crisis; read more about the new oversight panel here
• As previously reported, neither chamber is expected to return to Washington until at least April 20 – although remote work continues

Recent Congressional Letters and Resources

• Senators Cardin, Schumer, Sanders, and Coons Call On SBA To Quickly Implement CARES Act Programs Designed To Help Small Businesses And Nonprofits Stay Afloat Amid Public Health Crisis, April 2, 2020
• Senator Murray, Representative DeLauro to DOL: Remove Loopholes for Employers from Paid Leave Guidance, April 2, 2020
• Senate Energy Chair Murkowski to Mnuchin: Federal Loans to Energy Industry Will Save Jobs, Protect Security, April 2, 2020
• Senate Finance Committee
  • CARES Act Retirement Provisions FAQ
  • CARES Act: Unemployment Insurance FAQ
• House Financial Services Committee
  • During COVID-19 Crisis, Waters Calls on Treasury and SBA to Allow All Local, Community Financial Institutions to Participate in Program to Support Small Businesses, April 1, 2020
  • Committee Releases Answers to Frequently Asked Questions About the CARES Act
  • House Homeland Security Committee Chairman Thompson Asks States for Assistance Tracking Medical Supply Requests and Deliveries, April 2, 2020
  • House Agriculture Committee, COVID-19: Helpful Resources for Food and Agriculture

White House / Agency Activity

White House

• Memorandum on Order Under the Defense Production Act Regarding the Purchase of Ventilators, April 2, 2020
  • Related: Statement from the President Regarding the Defense Production Act

Department of the Treasury

• Social Security Recipients Will Automatically Receive Economic Impact Payments, April 1, 2020

Internal Revenue Service

• IRS issues warning about Coronavirus-related scams; watch out for schemes tied to economic impact payments, April 2, 2020

Health and Human Services (HHS)

• OCR Announces Notification of Enforcement Discretion to Allow Uses and Disclosures of Protected Health Information by Business Associates for Public Health and Health Oversight Activities During The COVID-19 Nationwide Public Health Emergency, April 2, 2020
• DOJ and HHS Partner to Distribute More Than Half A Million Medical Supplies Confiscated From Price Gougers, April 2, 2020

HHS / Centers for Medicare and Medicaid Services

• CMS News Alert: Summary of recent actions taken in response to COVID-19, April 2, 2020

HHS / Food and Drug Administration

• FDA Provides Updated Guidance to Address the Urgent Need for Blood During the Pandemic, April 2, 2020

Department of Housing and Urban Development

• HUD Moves Quickly to Make $3 Billion of COVID-19 Relief Funding Available to Communities Across the Nation, April 2, 2020
• HUD Issues New CARES Act Mortgage Payment Relief for FHA Single Family Homeowners, April 1, 2020

Department of Energy

• U.S. Department of Energy to Make Strategic Petroleum Reserve Storage Capacity Available to Struggling U.S. Oil Producers, April 2, 2020

Environmental Protection Agency

• EPA Sends Letter to All Members of Congress to Correct the Record on the Temporary Enforcement Policy, April 2, 2020

Department of Transportation

• U.S. Transportation Secretary Elaine L. Chao Announces $25 Billion to Help Nation’s Public Transportation Systems Respond to COVID-19, April 2, 2020

U.S. Patent and Trademark Office

• USPTO announces extension of certain patent and trademark-related timing deadlines under the Coronavirus Aid, Relief, and Economic Security Act, March 31, 2020
  • Related: Kelley Drye advisory

Federal Communications Commission

• Chairman Pai Hears Update from Broadband and Telephone Service Providers, April 2, 2020

Federal Reserve

• Agencies will consider comments on Volcker rule modifications following expiration of comment period, April 2, 2020

State / Local Activity

Given the plethora of state and local actions, we recommend MultiState’s COVID-19 Policy Tracker as a comprehensive tool to monitor the response

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