On Nov. 4, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a new federal rule mandating COVID-19 vaccinations or a minimum of weekly testing for workers at U.S. companies with 100 or more employees (see the OSHA webinar recording: COVID-19 Vaccination and Testing Emergency Temporary Standard). The Biden administration also released a new rule through the Centers for Medicare and Medicaid Services (CMS) that requires workers at health care facilities participating in Medicare or Medicaid to be fully vaccinated by Jan. 4, 2022. However, most home- and community-based organizations are excluded from the definition of a “covered entity,” as the rule provides an exemption for certain services. For additional details, see our Nov. 8 federal update.

Leaders of community-based organizations are finding themselves needing to determine their organizations’ paths for creating and upholding vaccine policies, a topic that was covered in the Dec. 1 webinar, Critical Conversation: The State of Vaccine Mandates and Community-Based Organizations. Leaders are also finding that their community partnerships are a powerful resource for support and guidance around vaccine hesitancy that could be present in their staff and community, particularly when it comes to health equity in underserved communities.

To help community-based organizations navigate this complex issue, this list of resources breaks down key considerations and includes tools and tips to meet compliance requirements and address vaccine polarization present in many workforce environments and communities.

OSHA Emergency Temporary Standard (ETS)

COVID-19 Vaccination and Testing ETS Landing Page
United States. Dept. of Labor
Includes links to the full Federal Register rule, webinar overview, fact sheets, FAQ, social media toolkit, and sample policy templates.

CMS Emergency Regulation

Biden-Harris Administration Issues Emergency Regulation Requiring COVID-19 Vaccination for Health Care Workers
Centers for Medicare & Medicaid Services
Press release with links to the interim final rule and list of FAQs

Employer Compliance Tips

OSHA Emergency Temporary Standard: COVID-19 Vaccination and Testing Requirements for Larger Employers
National Council of Nonprofits
Summary that answers most nonprofit questions and aids nonprofit employers seeking to determine coverage and comply with the standard. It includes compliance tips, how employees are counted, who is exempt, and what the requirement means in real terms.

CMS Announces New COVID-19 Vaccination Requirements for Health Care Facilities under Medicare and Medicaid Programs
National Association of Counties
Brief summary of the eligibility, requirements, and compliance deadlines under the interim final rule.

How to Comply with OSHA’s COVID-19 Vaccination Emergency Temporary Standard
SHRM
Step-by-step guide for determining employee vaccination status, testing logistics, paid time off, remote workers, written policies, communications, and reporting and record keeping.

5-Step Plan for Employers After President Biden Announces Workplace Vaccine Mandates
Fisher Phillips
Five-step action plan includes tips on developing a plan for handling accommodation requests, preparing for OSHA complaints and inspections, etc.

How Employers Can Handle Confidentiality and Privacy Concerns Related to Collecting COVID-19 Vaccine Information
Fisher Phillips
Important points to keep in mind when tracking, collecting, or disclosing an employee’s vaccination status in certain circumstances.

An Employer’s Guide to Navigating Third-Party Vaccine Mandates on Visitors, Vendors, and More
Fisher Phillips
Includes information about how to enforce your own COVID-19 policy on customers, contractors, and guests.

Equity

Social Current serves on the advisory board of the National Covid-19 Resiliency Network (NCRN), to mitigate the impact of COVID-19 on racial and ethnic minority, rural, and socially vulnerable populations. Stay up to date with new resources about COVID-19 by joining the network and follow them on social media.

Emphasizing Equity in COVID-19 Vaccine Requirements
Made to Save
Includes many ways to focus on equity aligned with the principles of health and safety, lived experiences of those who are affected, and information and access.

Want People to Take the COVID-19 Vaccine? Confront Racism in Health Care
The Commonwealth Fund
Shanoor Seervai talks to Rhea Boyd, M.D., a pediatrician and public health advocate, about what it takes to dismantle the historic racism that has long prevented people of color from getting the health care they need.

COVID-19 Vaccine Equity
Centers for Disease Control and Prevention
Use these resources to engage with communities that have been affected by COVID-19. Many of the resources available can be tailored for racial and ethnic minority communities.

Vaccine Hesitancy

Vaccinate with Confidence
Centers for Disease Control and Prevention
Includes links to How to Build Healthcare Personnel’s Confidence in COVID-19 Vaccines, strategies for workplaces, and reports about the status of COVID-19 vaccine confidence.

Language that Works to Improve Vaccine Acceptance: Communications Cheat Sheet
de Beaumont
Recommendations derived from data in a nationwide survey of 1,400 registered voters with an oversample of 300 Black Americans and 300 Latinx Americans.

What Role Do Culture and Morale Play in Vaccine Mandates?
Starner
Insight on potential resistance from employees who are not in a protected category but refuse to be vaccinated, as well as fears of the impact of a mandate on company culture and employee morale.

Testing

Three Steps to Smart Covid-19 Testing: A Guide for Employers
Duke-Margolis Center for Health Policy
This guide is designed to help businesses and other organizations develop appropriate Covid-19 testing plans to enable safe operations during the pandemic.

The Weekly Testing Option in Biden’s COVID-19 Mandate: Prepare Now for a Fast Start
Gartner
Covers what tests to accept, whether your company must pay for the tests, where to have employees tested, how to verify test results, and how to deal with non-compliance.

Do We Have to Pay for That? Part 1—COVID-19 Vaccination, Testing, and Screening Activities
National Law Review
Looks at vaccination, testing, and screening considerations during and outside of working hours.

Late last week, various federal agencies released more details about new vaccine mandates. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a new federal rule last week mandating COVID-19 vaccinations or at least weekly testing for workers at U.S. companies with 100 or more employees. The OSHA rules are a key part of President Biden’s push to use employer mandates to increase vaccination rates. OSHA is holding webinars to detail these new rules this Tuesday and next Monday. The administration also released a new rule through the Centers for Medicare and Medicaid Services (CMS) that requires workers at health care facilities participating in Medicare or Medicaid to be fully vaccinated by Jan. 4, however, most community-based organizations are excluded from the definition of a “covered entity.” This FAQ from CMS provides more details. This summary of the OSHA rule from the National Council of Nonprofits is a helpful guide to the regulations. For more details, check out our article brief below.

Meanwhile, Congress continues negotiations around the Build Back Better bill. On Friday night, the House passed the physical infrastructure bill and conducted a procedural vote to pass the Build Back Better Act no later than the week of Nov. 15, putting pressure on the Senate to speed up negotiations. Several weeks ago, President Biden released a new framework for the social spending and climate bill based on negotiations. However, he is still seeking the support of Senator Joe Manchin (D-W.V.) to move forward. That version of the bill removed a new paid leave program. However, progressives have negotiated the paid leave provisions back into the bill, creating additional challenges for Manchin to get on board. Independent Sector recently released a helpful summary of current provisions in the bill, which are subject to change as negotiations continue. Some highlights include a one-year extension of the new Child Tax Credit provision from the American Rescue Plan; $300 million for broadband affordability and access; $20 billion for workforce development programs; $150 billion for affordable housing; $100 billion to support child care costs, universal preschool, and more. Congressional leaders seem hopeful that they will pass a bill by Thanksgiving at the very latest.

New Toolkits for Building Your Advocacy Muscle

Social Current offers two newly updated advocacy toolkits, one with general public policy and advocacy how-tos and another with tips for media relations and social media to support advocacy. Inside, you’ll find sections on creating impact stories, engaging with legislators, developing media relations, hosting special events, and conducting social media outreach. They also contain brand new sections on virtual advocacy, constituent engagement and coalition building. Read about how COVID-19 has changed the rules for meeting with legislators and download the toolkits from the Policy Action Center.

New Vaccine Rules for Employers

Late last week, various federal agencies released more details about new vaccine mandates. The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued a new federal rule mandating COVID-19 vaccinations or at least weekly testing for workers at U.S. companies with 100 or more employees. The OSHA rules are a key part of President Biden’s push to use employer mandates to increase vaccination rates. The first compliance deadline for employers—providing time off for workers to get vaccinated and ensuring those who aren’t vaccinated are wearing masks, is Dec. 5. Workers must be fully vaccinated by Jan. 4 or submit to testing requirements. Some exceptions apply for the vaccine, but otherwise will still require testing and masks. The number of employees is based on all employees (part and full-time combined). Employees working remotely or outdoors are counted for employer coverage purposes, but they may not necessarily be required to comply with the requirements if they don’t come into contact with clients or coworkers. Employers may require employees to pay for the cost of testing, except where other legal or collective bargaining obligations require otherwise. Employers not in compliance could face a fine of up to $13,653 for each violation. A willful violation is an employer deliberately disregarding the mandate, which could result in a fine as high as $136,532. For states with their own standards, implementation could be delayed as governments decide whether to accept the standard as written, modify it, or draft equivalent or more protective rules. Each state has 30 days to implement a standard.

This summary from the National Council of Nonprofits is a helpful guide to the regulations. Additional information from OSHA is also available.

The administration also released a new rule through the Centers for Medicare and Medicaid Services (CMS) that requires workers at health care facilities participating in Medicare or Medicaid to be fully vaccinated by Jan. 4. CMS is requiring that workers at health care facilities participating in Medicare or Medicaid have necessary shots and be fully vaccinated by Jan. 4. It covers approximately 76,000 health care facilities and more than 17 million health care workers. It applies to employees regardless of whether their positions are clinical or non-clinical, essentially any employee, student, trainee, or volunteer who works at a covered facility. It also covers individuals who provide treatment and other services for the covered facility under contract or other arrangements. Covered facility types include hospitals, ambulatory surgery centers, home health agencies, psychiatric residential treatment facilities, rural health clinics, federally qualified health centers, and long-term care facilities. However, it does provide an exemption for certain home- and community-based services.

Several state attorneys general are planning to sue the federal government to block the initiative.

New Ratings in the Family First Prevention Services Clearinghouse

The Title IV-E Family First Prevention Services Clearinghouse recently announced ratings for 13 new programs. One was found to be “well-supported” by research, two were found to be “supported,” three were found to be “promising,” and the rest didn’t meet criteria to be rated. A new comparison between ratings from the IV-E federal Prevention Services Clearinghouse and the California Evidence-Based Clearinghouse is now available.

This brings the total number of programs meeting criteria in the clearinghouse to:

New ratings are as follows:

Source: Child Welfare & Mental Health Coalition

Centers for Medicare and Medicaid Services Publish New Q&A on QRTPs and the IMD Exclusion

The Centers for Medicare & Medicaid Services (CMS) published a Q&A guide to inform states that they can seek to modify the terms of an existing Medicaid section 1115 demonstration opportunity to allow Title IV-E beneficiaries to receive coverage in a Qualified Residential Treatment Program (QRTP) that is an Institute for Mental Disorder (IMD) for longer than that demonstration model currently allows. States with an existing, approved severe mental illness/severe emotional disturbance (SMI/SED) 1115 demonstration would need to submit an amendment to take advantage of this opportunity. For those states that do not currently have the demonstration, approval of new demonstrations will depend on the details of state applications submitted and whether they can meet the current requirements of the SMI/SED 1115 demonstration. As a condition of approval, states will be required to provide CMS with a plan, including key milestones and timeframes, for transitioning children out of QRTPs that are IMDs.

This Q&A clarifies that placement in a QRTP that is an IMD does not impact Medicaid eligibility. It details that the IMD exclusion only prohibits states from receiving federal reimbursement for services delivered. It does not affect a child’s eligibility for Medicaid.

Source: Child Welfare and Mental Health Coalition

Congressional Research Service Releases Report on Chafee Funds

The Congressional Research Service released a new report on the status of funding for youth who have or are about to age out of care. Major provisions in the John H. Chafee Foster Care Program for Successful Transition to Adulthood Act expired Sept. 30, 2021, the end of the 2021 fiscal year. These funds included Education and Training vouchers, which allow states to assist youth with room and board payments and postsecondary school or training until age 27. The report states that a large majority of states pulled down less than 50% of Chafee funds available to them last year, meaning that critical funds are in limbo. Reps. Danny Davis (D-Ill.) and Jackie Walorski (R-Ind.) co-sponsored H.R. 5661, which passed the House of Representatives in October, extending funding flexibilities for another year; however, the Senate has yet to take up the companion bill (S. 3078).

Social Determinants of Health Caucus Holds First Congressional Briefing

The Congressional Social Determinants of Health Caucus hosted its first briefing focusing on transportation as a critical component of population health and well-being. Reps. Cheri Bustos (D-Ill.), Markwayne Mullin (R-Okla.), G. K. Butterfield (D-N.C.) and Salud Carbajal (D-Calif.), members of the Social Determinants of Health Caucus, highlighted transportation barriers as a key challenge to individuals and families having access to pharmacies, hospitals, and other health care centers. Especially in rural areas, lack of transportation options severely impacts one’s ability not only to receive care, but also to access employment, education and other social services that are central to well-being. In July, the caucus was formed to raise awareness about health disparities and come up with solutions that increase long-term health and well-being.

The COVID-19 pandemic fundamentally changed the way we do advocacy as a sector. Gone are the days when nonprofits must organize dozens of flights to Washington, D.C., and navigate hectic lobby days. It’s also no longer necessary to wait weeks or even months for a legislator to return to the district to meet in person. Now, many of these activities can be done virtually with ease and professionalism. In fact, many legislators now prefer virtual meetings because they can talk with more constituents.

Social Current has conducted dozens of virtual meetings with legislators throughout the pandemic. This year, for example, our education advocacy team, made up of network organizations from across the nation, held more than 25 virtual meetings with members of Congress during our policy advocacy week in March. We also hosted meetings with key staffers on the education and appropriations committees in both chambers. Ultimately, this virtual campaign allowed us to build relationships with key decision makers on Capitol Hill and identify members of Congress who support our policy proposals.

As you consider how virtual events can help you achieve your advocacy goals, check out our tips for success below.

For more information, visit our Policy Action Center to download our newly updated toolkits: Social Current Public Policy Toolkit and Social Current Public Policy Toolkit: Media Relations, Events, and Social Media.

Virtual Advocacy Events

Virtual meetings allow organizations and coalitions to harness their collective power by meeting with multiple legislators in one day or week via Zoom, GoToMeeting, or WebEx. Legislators themselves have become used to this medium of communication and connection, and many organizations are taking advantage of it. Follow these steps to plan a successful virtual event.

Planning: 6-8 weeks in advance of the Virtual Advocacy Day:

Scheduling: 4+ weeks in advance:

Preparing: 1 week in advance:

Executing: During the Meeting

New Resources for Building Your Advocacy Muscle

Social Current offers two newly updated advocacy toolkits, one with general public policy and advocacy how-tos and another with tips for media relations and social media to support advocacy. Inside, you’ll find sections on creating impact stories, engaging with legislators, developing media relations, hosting special events, and conducting social media outreach. They also contain brand new sections on virtual advocacy, constituent engagement and coalition building.

In addition to downloading the toolkits, connect with us to stay up to date on activity in Washington, take action on key issues, and gain support with your efforts:

The Infrastructure Investment and Jobs Act, just passed by Congress, includes several provisions of importance to the charitable nonprofit sector, yet curtails essential relief enacted earlier this year. The nonprofits listed below celebrate many helpful aspects of the law and urge Congress and the administration to quickly take action to enact further #Relief4Charities:

“The Infrastructure Investment and Jobs Act includes several priorities that will assist nonprofits and the communities they serve. We are glad to see the inclusion of a Nonprofit Energy Efficiency pilot program that awards $50 million in grants for charitable organizations to make upgrades to their facilities and $65 billion to support broadband access for all.

“We are disappointed however, that the bill eliminated the Employee Retention Tax Credit for the fourth quarter of this year. The ERTC, which has been a lifeline for many nonprofits, is a refundable payroll tax credit for nonprofits and small businesses designed to provide a financial incentive for employers to keep employees on their payrolls and continue to deliver important services during the pandemic and in its immediate aftermath. It has allowed them to retain critical employees in the face of the economic challenges caused by the pandemic. Tens of thousands of organizations are now counting on fourth quarter 2021 access to an ERTC to support the financial decisions they made to bring employees back on the payroll and increase operating capacity to serve their communities.”

“As Congress and the White House continue negotiations on the best ways to support American families and the economy, we encourage them to prioritize continued support for ERTC allowing charitable nonprofits to access the ERTC during the Fourth Quarter of 2021; extending nonprofit eligibility for the ERTC through 2022 to help ensure a strong economic recovery from the pandemic; and, amending the definition of nonprofit “gross receipts” for the ERTC program to better reflect revenue available to support nonprofits amid the pandemic.”

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American Alliance of Museums
Association of Art Museum Directors
Boys & Girls Clubs of America
Catholic Charities USA
Dance/USA
Girl Scouts of the USA
Girls Inc.
Goodwill Industries International Inc.

Independent Sector
Jewish Federations of North America
League of American Orchestras
National Council of Nonprofits
Network of Jewish Human Service Agencies
OPERA America
Social Current (formerly Alliance for Strong Families and Communities and Council on Accreditation)
Union of Orthodox Jewish Congregations of America
YMCA of the USA

Negotiations continue in Washington on the large reconciliation bill that would advance parts of President Biden’s American Families Plan. President Biden continues to advocate for the key components of his economic plan, a plan that will require consensus across the Democratic party in order to advance in Congress. Though initially a $3.5 trillion package, press reports last week hint at a modified package between $1.9 and $2.2 trillion. These compromises are meant to address concerns by moderate Sens. Joe Manchin (D-W.V.) and Kristen Sinema (D-Ariz). However, progressive members in the House of Representatives are standing firm on the inclusion of key priorities like climate change provisions. Biden is pushing Congress to come up with an agreement before Oct. 30, though that is looking less certain.

Still on the table in the negotiations are child care; pre-K; and home-based health care; climate provisions to reduce greenhouse gas emissions in the U.S. by 50 percent by 2030; a Medicare expansion for expanded dental, vision, and hearing coverage; funds for the Affordable Care Act; health-care gap closure; and a one- to two-year extension for the Child Tax Credit, initially included for five years. Other provisions on the table include four weeks of guaranteed paid family leave, public housing dollars, free community college, investments in racial equity programs, and more. With a looming deadline of Oct. 30, hopefully Congress will reach some agreements soon.

Federal Reserve Shares Survey Results of COVID-19 Impact on Nonprofits, Communities

Earlier this year, our organization partnered with the Federal Reserve to distribute an important survey to our network. This survey looks at the impact of the pandemic on nonprofit organizations, their financial health, and the communities they serve. The results and report, Perspectives from Main Street: The impact of COVID-19 on communities and the entities serving them, was released last week. The survey had some important findings. For example, 77% of survey respondents noted that conditions for children were worse than they were pre-pandemic. Across almost every category, half the respondents estimated it would take between one and three years to return to pre-pandemic conditions, while almost a quarter noted it would take at least four years for housing stability to return to pre-pandemic conditions. When asked how COVID-19 affected their organizations, almost 70% of respondents said demand for services increased, while almost half noted a decrease in their ability to serve their communities. Thank you to those of you who participated.

WIC Modernization Project Underway

The Food and Nutrition Service (FNS) received $390 million through the American Rescue Plan of 2021 to modernize the Special Supplemental Nutrition Program for Women, Infants and Children (WIC) and the WIC Farmers’ Market Nutrition Program (WIC FMNP). FNS used these funds with two goals in mind: Boost enrollment and retention in these programs and increase equity in program delivery. In May and June, FNS held 27 listening sessions with state agency administrators, program participants, industry partners, scholars, and advocates. These stakeholders stressed the need for creating partnerships across sectors to reduce disparities and supporting technological innovation to improve accessibility. Coming out of the listening sessions, FNS decided on several action items. First, FNS will launch pilots to test innovative state-level outreach efforts for reaching underserved communities. Second, FNS will invest in a national assistance center that uses business and technology solutions to improve the certification process for new applicants. Third, FNS will work to move shopping and benefit transactions online, including at farmers markets. Finally, FNS will address disparities in service delivery by supporting evidence-based approaches, like building new local partnerships, to provide culturally sensitive and competent services.

Source: Food and Nutrition Service

Department of Education Announces Overhaul of Public Service Loan Forgiveness Program

The Department of Education (DOE) announced new actions it will take to immediately discharge federal student loans for 22,000 borrowers and potentially for 27,0000 more. The Public Service Loan Forgiveness (PSLF) Program was created to recognize the contribution of individuals dedicated to public service – government workers, teachers, nurses, firefighters, and nonprofit employees – by canceling their student loans after 10 years of service. After receiving more than 48,000 public comments on PSLF, the DOE is issuing a time-limited waiver so that student borrowers can count payments from all federal loans programs towards forgiveness, even from programs that were not previously eligible. The waiver will also simplify the technical requirements around the payment plan, timing, and the amount of the payment. DOE states that this waiver will apply to over 550,000 borrowers. DOE has also vowed to enhance outreach and communications with PSLF-eligible borrowers and simplify the application process. Up until now, only 16,000 borrowers have ever received forgiveness under the program.

Source: Department of Education

CHAMPS Releases New Federal Policy Recommendations

The Children Need Amazing Parents (CHAMPS) campaign recently released its new set of policy recommendations, which are grounded in child development research and developed with a broad coalition including foster and adoptive families, kinship caregivers, birth families, and young people with lived experience in foster care. These recommendations focus around increasing stability and quality of family-based care and increased supports for kinship caregivers, spurring improvements to foster parent recruitment, having the Department of Health and Human Services produce annual data on trends on family-based and congregate care, and more. You can read more detail online.

Congress Averts Government Shutdown 

Less than two weeks ago, Congress passed a continuing resolution (CR) that will keep the government funded through Dec. 3, with level funding. The bill also extended the Temporary Assistance for Needy Families (TANF) program and the temporary increase in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). It also included a $6.3 billion special investment to help resettle Afghan refugees that were evacuated during the U.S. withdrawal as well as $29 billion in aid to communities who were impacted by Hurricane Ida. 

Source: APHSA

COVID-19 Chafee Expanded Benefits Expired on Sept. 30

As the pandemic continues, young people with experience in foster care still face significant challenges in meeting basic needs and accessing funds and services. The Supporting Foster Youth & Families through the Pandemic Act (Division X of the Consolidated Appropriations Act, 2021) has brought critical aid to young people. However, because of delays in implementation, many young people are still awaiting relief. Despite these needs, many provisions of the law expired Sept. 30, 2021, cutting off services for young people.

Congressional Caucus on Foster Youth co-chairs Reps. Karen Bass (D-Calif.), Don Bacon (R-Neb.), Jim Langevin (D-R.I.), Brenda Lawrence (D-Mich.), and Markwayne Mullin (R-Okla.) have introduced a bipartisan bill, H.R. 5167, to extend emergency protections for youth. The bill would ensure that vital supports are continued by:

Below are some additional #ReUpChafee resources from the Transition Aged Youth Federal Coalition: 

Source: Child Welfare and Mental Health Coalition

HUD Announces Grants Awards to End Youth Homelessness

Marcia Fudge, secretary of Housing and Urban Development, announced that 13 local communities, including 11 rural communities, will receive $142 million from HUD’s Youth Homelessness Demonstration Program. These dollars will help local organizations deliver services, such as rapid rehousing, permanent housing, and transitional housing, to youth across the nation. As part of the application process, HUD partnered with individuals with lived experience to assess the approximately 100 applications, ensuring that grant recipients understood the concrete challenges facing young people in their care. The grants require that communities develop a comprehensive plan through a partnership of youth advisory boards, child welfare agencies, and community-based organizations. Moreover, awarded communities will conduct program evaluations to inform future work around ending youth homelessness.

USDA Prepares for Restoration of SNAP Time Limits for Some Recipients

The U.S. Department of Agriculture, which oversees the Supplemental Nutrition Assistance Program (SNAP), sent a policy memo to state agencies in preparation for the end of the Public Health Emergency period. As part of the Family First Coronavirus Response Act passed at the beginning of the pandemic, work requirements for able-bodied adults without dependents (ABAWDs) were suspended. As the memo states, a month after the Public Health Emergency is lifted by the secretary of Health and Human Services, SNAP policy for adults aged 18-49, who do not have dependents and are not pregnant, will return to pre-COVID-19 conditions. This population will not be able to receive SNAP benefits for more than three months within a three-year period unless they meet work requirements. The memo also notes that states can request waivers of the time limit, which can be granted on a case-by-case basis depending on local unemployment and job availability rates.

Children’s Bureau Letter to Child Welfare Leaders on Housing

In preparation for the expiration of the eviction moratorium, Aysha Schomburg, associate commissioner of the Children’s Bureau, released a Dear Colleague Letter to child welfare leaders and prevention partners. The letter outlined key resources for community-based organizations and public agencies as they meet the challenge of evictions and housing insecurity. Schomburg cited the Emergency Rental Assistance Program, which helps landlords and renters with billions of dollars for qualifying households; 70,000 new Emergency Housing Vouchers, which can be given to families experiencing housing insecurity; and the Low-Income Home Energy Assistance Program, which helps with electric and gas bills. She also mentioned specific programs available through the Children’s Bureau that can be used to address housing needs, including the John H. Chafee Foster Care Program for Successful Transition to Adulthood, the MaryLee Allen Promoting Safe and Stable Families Program and the Community-Based Child Abuse Prevention Program. Schomburg urges local organizations to be proactive in connecting families to these resources, assist with documentation and eligibility determinations, attend eviction-related court hearings, and mediate with landlords.

View more public policy news  and sign up for the weekly Policy Radar e-newsletter online.

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The federal fiscal year ends Sept. 30, and members of Congress have yet to come to an agreement on a continuing resolution to keep the government funded through the end of the calendar year. The major challenge is the need to raise the debt ceiling so that the U.S. does not default on its debt obligations. However, there are partisan disagreements and negotiations have not been productive thus far, leading some policy experts to believe that there could be a government shutdown on Oct. 1. Typically, for a short government shutdown (less than a week) there is no major impact to the sector. However, if it extends beyond that, it can have serious repercussions for government contracts and benefits like SNAP. Alliance-COA is continuing to monitor the situation and will keep the network apprised. We remain hopeful that Congress will reach an agreement. 

Additionally, the House is also expected to vote by Sep. 27 on a bipartisan Infrastructure Investment and Jobs Act that passed in the Senate in August. While it has strong support, the bill is caught up in broader negotiations around the reconciliation bill.

Biden Administration’s New Vaccination Mandates

Several weeks ago, President Biden announced a new six-point plan to combat COVID-19, which mandates companies of 100 or more staff to require vaccinations and testing for all employees. The Occupational Safety and Health Administration (OSHA) is tasked with issuing guidance. The National Council of Nonprofits is collecting questions from organizations for OSHA to answer. Email your questions to the National Council of Nonprofits, which will submit them as soon as it is possible.

In addition, employees working in health care facilities that receive Medicare or Medicaid reimbursement will also be required to be vaccinated. This is expected to impact 7 million workers at 50,000 health care providers. According to research, as of late July, 27% of the country’s health care workforce was still unvaccinated. Biden also announced new methods to make at-home rapid tests more accessible and ensure Medicaid will cover those tests for free. He also announced that the federal government will expand a free testing program to 10,000 pharmacies. His plan also called on schools to set up regular testing. The executive order will also require that 30,000 Head Start teachers be required to get vaccinated and called on governors to require vaccinations for teachers and school staff.

Mark Up Begins on Build Back Better Act

Earlier in September, key committees of jurisdiction in the House of Representatives marked up their sections of the Build Back Better Act, which aligns with President Biden’s American Jobs and Families Plans. The $3.5 trillion package would include a wide array of investments aimed at recovery. 

The House Energy and Commerce Committee, which oversees health programs like the Affordable Care Act, Medicare, and Medicaid, proposed a series of investments. These included addressing the Medicaid coverage gap; expanding access by strengthening the Affordable Care Act; and expanding Medicare to cover hearing, dental, and vision benefits. The bill also includes some provisions from the Black Maternal Health Momnibus Act, a bill endorsed by Alliance-COA, that addresses maternal mortality, health disparities, and maternal health equity.

The House Ways and Means Committee proposed an expansion of the Child Tax Credit and making the earned income and child and dependent tax credits permanent (from the American Rescue Plan). Its proposal would also include 12 weeks of paid family and medical leave, accessible to all U.S. workers. It also includes investments to improve child care access and equity.

The House Education and Labor Committee released its $761 billion bill for education and workforce development programs at the beginning of the month, which includes $450 billion for affordable child care and universal pre-K. Under the plan, no family would pay more than 7% of its income on child care and all three- and four-year-old children would have access to pre-K. The bill would also provide two years of tuition-free community college and increase the value of Pell Grants, which low-income students rely on to afford college. 

The House of Representatives is now packaging together various parts of the bill into one larger package, for consideration next week. The Senate will be the biggest challenge, as all Democrats need to be on board for the bill to pass. Sens. Joe Manchin (D-W.V.) and Kristen Sinema (D-Ariz.) have reservations about the price tag.

Progress on American Rescue Plan Act Fund Spending at Local Level

Almost all of the American Rescue Plan Act state and local funds (about $240 billion) have been distributed to state, local, territorial, and tribal governments. Localities have so far been most active in allocating their funds. 

There are some exciting investments in human and social services. Los Angeles County’s phase one plan for $975 million in funds has been approved. The three pillars of the plan are equity-focused investments, building a bridge to equitable recovery, and fiscal stability and social safety net. It plans to direct almost $300 million in direct community investments and partnerships with community-based organizations, and more than $89 million to expand systems of care and reduce reliance on incarceration, support justice-focused community organizations, and create jobs for justice-involved individuals. They also plan to address trauma and violence in communities.

In Indianapolis/Marion County, Indiana, the mayor introduced a $419 million budget for American Rescue Plan funds that included $150 million for anti-violence efforts, crime prevention, and community organization grants. Snohomish County, Washington, is proposing to use its first $80 million in American Rescue Plan funds to meet immediate needs in the community, while its other $80 million would be used for long-term strategic goals. This will include nearly $30 million in community supports like senior services, enhanced early learning, child care for essential workers, food security, behavioral health, housing stability, and workforce development. They have involved community organizations in the planning process.

Additionally, city officials in Delaware, Colorado, Maryland, and North Carolina have all included nonprofits in their allocations of American Rescue Plan funds. Denver created a Nonprofit Emergency Relief Fund last year and extended the program. In Baltimore, the mayor announced nonprofits can apply for grants focused on community-based violence reduction, recovery, and equity. Wilmington, Delaware, is setting aside $700,000 for grants to nonprofits. In Asheville, North Carolina, officials plan to distribute over $7 million to support affordable housing, care for aging residents, community communication, domestic violence prevention, food systems, and more. In New Hampshire, the County of Cheshire plans to assist nonprofits impacted by COVID-19 with $1,000-$20,000 grants. Camden County, New Jersey, plans to approve $8 million in grants for nonprofits serving vulnerable populations and providing pandemic-related services. Franklin County, Ohio, is also allocating dollars for grants to nonprofits serving low-income households.

Sources: National Council of Nonprofits and National Association of Counties

ASPE Releases New Brief on Foster Care Entry Rates

The Office of the Assistant Secretary for Planning and Evaluation recently released a new brief that focuses on foster care entry rates. The study, which was conducted from 2011-2018, found that the number of infants entering foster care increased by about 24%, reaching nearly 50,000 in 2018. This increase was nearly 13 times as much as the 1.8% increase for placements in other age groups. Over half of counties saw infant foster care entries increase.

Source: Child Welfare and Mental Health Coalition

Nonprofit Job Growth Slows

According to a recent report by the Center for Civil Society Studies at Johns Hopkins University, nonprofit job growth slowed in August, reflecting a larger national slowdown in job growth because of the Delta variant. Most of the restored jobs (about 28,000) occurred at educational institutions in preparation for the new school year. Religious and arts organizations saw modest gains. Health care organizations showed a small decline in jobs. The sector has still not recovered from the pandemic, with nearly 565,000 jobs lost since February 2020.

Source: National Council of Nonprofits

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Committees in the House and Senate have begun to release their individual draft bills that, together, will constitute the $3.5 trillion reconciliation bill under consideration in Congress. In the Senate, the Finance Committee has floated several tax proposals that will raise revenue to fund the bill, including an excise tax on stock buybacks, a carbon tax, a higher corporate tax rate, and a levy on executive compensation. 

The House Education and Labor Committee released its $761 billion bill for education and workforce development programs, which includes $450 billion for affordable child care and universal pre-K. Under the plan, no family would pay more than 7% of its income on child care and all three- and four-year-old children would have access to pre-K. The bill would also provide two years of tuition-free community college and increase the value of Pell Grants, which low-income students rely on to afford college. The House Ways and Means Committee also released details on its proposal. As of now, its bill would include 12 weeks of universal paid family and medical leave, and it would add a vision benefit, hearing coverage, and dental benefits to Medicare, in 2022, 2023 and 2028, respectively. 

Though the House is advancing pieces of this legislative package, with votes expected in late September, it still has hurdles to overcome in the Senate. In the Senate, all 50 Democrats must vote for the bill to secure passage. Sen. Joe Manchin (D-WV) has balked at the size of the $3.5 trillion package, citing inflation and debt concerns. Privately, he has suggested a $1.5 trillion bill. Over the past month, leaders of the respective committees in the Senate have been in constant contact with Manchin to address his concerns. He has expressed concerns over the size of the child tax credit and proposed adding an income cap to the pre-K provisions and conditioning community college aid on student performance. Hailing from a coal state, he is sternly against many of the proposed climate provisions. Senate Majority Leader Chuck Schumer has vowed to bring the Democratic caucus together to pass a significant bill, but long-simmering tensions in the Democratic party are beginning to boil and it is unclear at this point how it will all play out. Alliance-COA is monitoring the negotiations and will continue to provide updates.

Additionally, last Thursday, President Biden announced new vaccine requirements to help stop the spread of COVID-19. These new executive orders mandate vaccines for all federal workers and contractors. In addition, employees working in health care facilities that receive Medicare or Medicaid reimbursement will also be required to be vaccinated. This is expected to impact 7 million workers at 50,000 health care providers. According to research, as of late July, 27% of the country’s health care workforce was still unvaccinated. He also announced new methods to make at-home rapid tests more accessible, to ensure Medicaid will cover at-home tests for free, and that the federal government will expand a free testing program to 10,000 pharmacies. His plan also called on schools to set up regular testing. The executive order will also require that 30,000 Head Start teachers be required to get vaccinated and called on governors to require vaccinations for teachers and school staff.

Family First Prevention Services Clearinghouse Updates

New ratings have recently been released for the Family First Prevention Services Clearinghouse: 

Jobless Aid Cliff Arrives with No State Help

The federal pandemic unemployment insurance program expired on Labor Day, and states are not planning to use federal relief dollars to extend them. When the program expired, 7.5 million Americans were still enrolled. An additional 2.6 million were receiving a combination of the $300 weekly supplement plus traditional state-run unemployment insurance. These programs, which began in March 2020, have paid out more than $700 billion in benefits. States across the political spectrum have urged people to get ready for the end of federal benefits by seeking employment or applying for other public assistance.

However, initial claims from newly unemployed people fell to their lowest level of the pandemic, according to recent U.S. Department of Labor statistics. At least 26 states, primarily led by Republican governors, decided to end some or all federal benefits a few weeks early, aiming to nudge people back to work. Early numbers suggest these decisions didn’t yield any faster job gains in those states compared to others.

Source: Bloomberg Government

Congress Proposes Conference on Hunger and Nutrition

On Sept. 1 the Rules Committee, chaired by James McGovern (D-Mass.), held its seventh roundtable event on hunger, called “Ending Hunger in America: Food as Medicine.” The event focused on food insecurity in the U.S. and highlighted research that shows food as a key ingredient for decreasing hospital admissions, cutting prescription drug costs, and improving well-being, among other things. This roundtable follows the one last month called “Ending Hunger in America: Hunger Across the Territories.” On the same day, McGovern, along with all 25 committee chairs in the House, sent a letter to President Biden asking him to put together a national conference on food, nutrition, hunger, and health. The conference would convene leaders from the government, nonprofit, and for-profit sectors and propose holistic solutions that would end hunger by 2030. The last hunger conference took place 52 years ago and sparked the creation of America’s anti-hunger safety net.

Administration Announces New Actions on Housing Affordability

On Sept. 1, the Biden administration announced new concrete steps to combat the affordable housing crisis. It plans to accomplish this by boosting the supply of affordable rental units and increasing homeownership through numerous approaches. For instance, raising the investment cap on the Low-Income Housing Tax Credit, the largest federal program for the construction of rental housing, to $1.7 billion from $1 billion, will attract more financing for housing construction across the country. The administration also plans to increase the size of the grant program for Community Development Financial Institutions (CDFIs) and nonprofit housing organizations. Moreover, the administration says it will consider offering a higher percentage (50% instead of 10%) of distressed HUD properties to nonprofits, which rehabilitate the houses and sell them at affordable prices. Finally, the federal government will partner with state and local governments to reduce exclusionary zoning, which depresses the supply of affordable housing. These approaches, among others, will help families rent affordable units and purchase their first homes. Before the pandemic, 11 million families spent more than half of their income on rent.

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The National Council of Nonprofits (NCN), one of our coalition partners, recently released the special report, Strengthening State and Local Economies in Partnership with Nonprofits: Principles, Recommendations, and Models for Investing Coronavirus State and Local Fiscal Recovery Funds. In the American Rescue Plan passed in March, Congress allocated $350 billion to states, localities, tribes, and territories to help communities recover from the pandemic, and expressly stated that nonprofits should be partners with government entities and recipients of these funds. In the report, NCN presents guiding principles for governments in identifying the best use of these dollars with nonprofit partners. In particular, the report states, governments should prioritize equity, invest in economic multipliers like nonprofits, work quickly to distribute funds, and encourage accountability and transparency. The report also outlines existing state plans and programs that engage nonprofits in the use of state and local funds.

We encourage you to join us in advocating for nonprofit relief funding for your organization and community. View and customize this sample letter and send it to your governor and state legislators urging them to prioritize nonprofits in the distribution of American Rescue Plan funds.

Biden’s Team Takes on Balancing Act with Congress on Infrastructure 

With President Joe Biden having reached a tentative deal on physical infrastructure with a bipartisan group of senators last month, the race is on to work out the minute details of the $1.2 trillion bill. Staffers are still waiting on a revenue estimate from the Congressional Budget Office and some conservative groups are voicing objections to the IRS enforcement aspects of the bill. Meanwhile, a larger, separate human capital bill, which includes provisions on child care, health care, education, and climate change, is gaining steam in the Senate. Democrats hope to pass that bill through a budgetary maneuver called reconciliation, which allows them to circumvent the filibuster and pass a bill with 50, rather than 60, votes.

The initial negotiations among democrats focus on the top line number. Though Biden has expressed interest in a bill that runs up to $4.5 trillion financed by increased taxes on corporations and the wealthy, his team will have work to build consensus, since Democrats cannot afford to lose a single member of their 50-member caucus in the Senate to pass a bill through reconciliation. Senate Budget Committee Chair Bernie Sanders (I-Vt.) is pushing for a $6 trillion bill that encompasses many of Biden’s policies but also allows Medicare to negotiate drug prices, among other things. Sen. Joe Manchin (D-W.V.), the most moderate democrat in the Senate, has announced he will not go above $2 trillion; he also opposes Biden’s plan to raise corporate taxes from 21% to 28%, opting for 25% instead.

The timing and sequencing of the bills also present massive challenges. Senate Majority Leader Chuck Schumer (D-N.Y.) says that he wants both the bipartisan and reconciliation bills to be considered simultaneously before the August recess, which leaves little time for differences to be worked out. Multiple committees in the House and Senate must provide input into both bills before they can be moved to the floor. Moreover, Republicans who signed onto the bipartisan bill are unhappy that Democrats are insisting both bills move through the process on parallel tracks. They are pushing to pass the bipartisan bill as soon as possible, and Senate Minority Leader Mitch McConnell (R-KY) is pressuring moderate democrats to abandon the reconciliation bill altogether.

Last week, President Biden visited Traverse City, Michigan; La Crosse, Wisconsin; and Crystal Lake, Illinois, to tout both bills.

Sources: New York Times, The Hill, POLITICO, CBS, ABC

Charitable Giving Policy Updates

In recent weeks, new reports on charitable giving trends during the pandemic have been released. At the beginning of the pandemic, nonprofit sustainability was a concern. However, the sector was able to turn the corner and stay afloat due to the Paycheck Protection Program (PPP) and other relief supports. According to a new report from the Center of Effective Philanthropy, the PPP played a big role in buoying the budgets of many nonprofits last year.

In June, Giving USA released its annual report on charitable giving, which includes information on giving by corporations, foundations, individuals, and bequests. According to that report, charitable giving hit a record high of $471.44 billion in 2020. However, when adjusted for inflation, giving by individuals only increased by one percent. It also is important to note that these numbers were further inflated by large gifts by MacKenzie Scott in July and December of last year. Corporate giving, on the other hand, dropped by 7.3% in 2020. The change in overall giving varied among different segments of the sector. For example, donations to religious nonprofits were flat, donations to health organizations dropped by 4.2%, and donations to the arts dropped by 8.6%. 

The Charitable Giving Coalition, of which Alliance-COA is a member, issued a statement commenting, “While we’re encouraged by the initial increase in giving in 2020, the sector is still not out of the woods.” It also observed, “Nonprofit employment remains down from 2019 levels, with 800,000 fewer jobs now than before the pandemic.”

Source: National Council of Nonprofits

RISE from Trauma Act Reintroduced

Sens. Dick Durbin (D-Ill.), Tammy Duckworth (D-Ill.), and Lisa Murkowski (R-Alaska) have reintroduced the RISE from Trauma Act (S. 2086). The bill would expand the trauma-informed workforce in schools, health care settings, social services, first responders, and the juvenile justice system and increase resources for communities to address the impact of trauma. The first part of the bill, focused on community programming, would authorize grants of up to $6 million to local coordinating bodies to address community trauma, prevention, and resilience, and must include representatives from mental health, human services, child welfare, health care, education, workforce, and more. This program would be authorized at $600 million per year. It would also expand the performance partnership pilot program for children who have experienced or are at risk for trauma. It addresses hospital-based interventions to reduce readmissions and promotes training certification guidelines for key community leads. The second part of the bill focuses on workforce issues. It emphasizes training and recruiting individuals with lived experience, funds the National Health Service Corps, funds Infant and Early Childhood Mental Health Clinical Leadership Program, provides trauma-informed teaching and school leadership tools for front-line providers, funds the Children Exposed to Violence and Addiction Initiative, and establishes a law enforcement child and youth trauma coordinating center. Alliance-COA has endorsed this legislation for the second time.

Bill Increasing SNAP Benefits Introduced in Congress

On June 23, Sen. Kirsten Gillibrand (D-N.Y.) and Rep. Alma Adams (D-N.C.) introduced the Closing the Meal Gap Act of 2021 in the Senate and House, respectively. The bill aims to address the rising cost of food and the escalating number of Americans who face food insecurity. In particular, the bill would raise the baseline benefit amount of the Supplemental Nutrition Assistance Program (SNAP) by calculating benefits based off the Low-Cost Food Plan, rather than the Thrifty Food Plan. The bill would also eliminate time limits for all Americans and strengthen access to needed benefits for individuals and families that face high medical costs and costs of living. The bill is projected to increase SNAP benefits by $80 per month for single parents of one child and by $150 per month for families of four. 

Transparency around Federal Spending on Children the Focus of Two New Bills

On June 23, Sens. Chris Van Hollen (D-Md.), Bob Menendez (D-N.J.), and Bob Casey (D-Pa.) introduced the Focus on Children Act and the Children’s Budget Act, which would require the Office of Management and Budget and the Congressional Budget Office to produce parallel reports on proposed and actual federal investments in children on a yearly basis. In addition, the Focus on Children Act would create a public website that illustrates federal spending on children’s programs, and the Children’s Budget Act would provide a more detailed breakdown of children’s spending by agency and initiative. Provisions in these bills would provide much-needed transparency on federal spending on children, a topic that has not been tracked by the federal government. According to First Focus, the total share of federal spending on children declined by 8.6% from 2016 to 2020. Meanwhile, almost one in seven children live in poverty.

Pandemic Emergency Assistance Fund Dispersed to States

The Administration for Children and Families has allocated $994.5 million to states, the District of Columbia, tribes, and territories through the Pandemic Emergency Assistance Fund (PEAF). Part of the American Rescue Plan Act of 2021, which passed in March, PEAF dollars will complement already existing Temporary Assistance for Needy Families (TANF) funds. Unlike TANF, PEAF will provide cash and other benefits for immediate and acute hardship episodes that last no longer than four months. Potential uses include emergency housing and food aid, utility assistance, clothing allowance, and funds for back-to-school expenses. These short-term, non-recurrent benefits will help families meet immediate needs and recover from the pandemic.

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Due to the racial disparities that have come to light because of the COVID-19 pandemic and racial justice protests, the Alliance for Strong Families and Communities and other major organizations across the country have crafted and signed a Nonprofit Racial Justice Statement. These 47 organizations have come together to lay out principles and values to guide individual and collective efforts to advance equity and justice across our country. 

Read the full statement for more details.

For more opportunities to take action and voice sector concerns, visit the Alliance-COA Policy Action Center.

Statement of Guiding Principles to Advance Racial Equity and Justice

As leaders who are committed to equity and justice, as mission-focused organizations who are stewards of the public trust, and as a nonprofit sector with far-reaching impact on the national economy, the undersigned are committed to advancing racial justice and equity in all areas of civic and community life. We are deeply moved by the stark racial injustice that the intersecting crises of the COVID-19 pandemic and policy violence toward people of color have once again revealed — racial injustice that is intertwined with America’s past and its present. The racial and ethnic disparities that persist across economic, education, healthcare, criminal justice, and other sectors of society make clear that systemic racism continues to undermine the foundations of well-being for communities of color by denying access to opportunity and making it more difficult to secure jobs, housing, healthcare, education, nutrition, and equal treatment under law. 

Faced with this moment of national urgency and entrusted by communities to lead in crisis, we affirm and commit to utilizing the following principles and values as a guide in our individual and collective efforts to advance equity and justice: 

Read the principles and values here.

This statement, originally published in September 2020, has been updated with additional endorsing organizations.