Social Current is currently leading a highly inclusive and collaborative process to engage its network in developing its federal policy agenda for 2022-2024. The agenda-setting process will determine the federal policies and issues of focus for our network’s collective policy and advocacy work. Our coordinated and connected efforts will provide the Social Current network with the support and influence needed to engage their boards, staff, and communities in achieving federal policy change.

“Social Current has tremendous ability to advocate for policies that equitably support our organizations and communities. By bringing together the Alliance for Strong Families and Communities and Council on Accreditation, we have greatly increased our reach and our impact,” said Social Current President and CEO Jody Levison-Johnson. “The development of our policy agenda is a critical step toward realizing our network’s collective power and influence.”

For an overview of our policy work, opportunities for network engagement, and the policy agenda-setting process, watch our on-demand webinar, Engaging in Policy Advocacy with Social Current.

Complete the Survey

Provide your input through this brief survey by Friday, March 11. It should take about 20 minutes to complete and only needs to be submitted once per organization.

Participate in Focus Groups

A series of focus groups will be held in February and March to capture critical feedback from the Social Current network on policy issue areas. All Social Current network organizations, including those that have purchased engagement packages or are pursuing or have achieved COA Accreditation, are strongly encouraged to participate relevant focus groups. We welcome the input of leaders at all levels.

The series of policy agenda-setting focus groups includes:

Register now to participate in the focus groups.

Last week, Senate Majority Leader Chuck Schumer (D-N.Y.) announced his goal to pass two voting rights bills called the Freedom to Vote Act and the John Lewis Voting Rights Act before Jan. 17, Martin Luther King Jr. Day. The bills would expand access to the ballot box, prevent interference with election administration, and modernize the federal voting system, and reinstitute voting rights protections gutted by the Supreme Court in 2013. With all Republicans in the Senate opposed, the bills have little chance of passing unless the Senate votes on a rule change that weakens the 60-vote threshold known as the filibuster, allowing a simple majority of 50 senators to pass a bill. Sens. Joe Manchin (D-W.V.) and Kyrsten Sinema (D-Ariz.), two must-need votes for Democrats, continue to express skepticism of eliminating the filibuster, though the former has publicly stated he is in discussions with members on both sides of the aisle about rules changes.

In the background of these negotiations is the one-year anniversary of the Capitol insurrection attempting to overturn the 2020 presidential election. Many Democrats argue that the Freedom to Vote Act would shore up elections and increase faith in the democratic process. As a compromise, Minority Leader Mitch McConnell (R-Ky.) has floated the idea of reforming the Electoral Count Act. So far, Schumer has written off McConnell’s overture, arguing that changing the Electoral Count Act is insufficient to confront the many challenges the election system faces.

Meanwhile, Congress and the administration remain stalled in negotiations over the Build Back Better Act. These efforts halted in December when negotiations between Sen. Joe Manchin (D-W.V.) and President Biden broke down. Manchin’s vote is needed to pass the legislation. Meanwhile, several tax provisions expired at the end of 2021, including the expanded Child Tax Credit, the Earned Income Tax Credit enhanced benefits, and the Universal Charitable Deduction for non-itemizers. It is unclear what the path forward will look like, but the recent omicron variant spike is reinvigorating some bipartisan conversations around targeted relief provisions.

Supreme Court to Hear Vaccination Requirement Cases

From the National Council of Nonprofits:

The U.S. Supreme Court began hearing oral arguments last Friday concerning the legality of the Biden administration’s vaccination requirements in millions of organizations. At issue are the OSHA emergency temporary standard affecting employers with 100 or more employees and a rule from the Centers for Medicare and Medicaid Services applicable to staff of employers receiving payments from the federal health care programs.

States and businesses have filed lawsuits in every federal circuit court challenging the authority of the federal government to mandate vaccinations or ongoing testing. Many courts acting on the cases have stayed enforcement of the requirements. However, on Dec. 15 a panel of the Sixth Circuit Court of Appeals lifted the stay in a consolidated case, setting the stage for consideration by the Supreme Court this week. Employers are hoping for a quick resolution by the court because OSHA enforcement is slated to begin as early as Monday, Jan. 10.

ACA Enrollment Soars Due to American Rescue Plan

The Department of Health and Human Services announced that 13.6 million people have enrolled in health insurance coverage for 2022 through Affordable Care Act exchanges, an all-time record for signups. The American Rescue Plan (ARP), passed in March 2021, made premiums more affordable by expanding subsidies for covered plans. As a result, 92% of signups will receive premium tax credits to help with monthly payments. The policy changes under the ARP allowed 400,000 people to enroll who would otherwise have not been able. Families still have time to enroll during the special enrollment period, which lasts until Jan. 15, 2022. Over 1,500 certified navigators are available throughout the country to walk consumers through the enrollment process.

No Surprises Act Takes Effect

On Jan. 1, 2022, consumers gained financial protection from surprise health care bills from emergency rooms visits, elective surgeries, and hospital births. Before, consumers in the private insurance marketplace were subject to surprise medical bills from out-of-network providers, facilities, and air ambulance providers. The No Surprises Act bans surprise bills for emergency care as well as for elective procedures performed by certain out-of-network providers in in-network hospitals. It requires providers to charge in-network rates for these types of visits and to provide patients with transparent information regarding their billing protections. For uninsured patients, providers are required to provide a “good faith estimate” of costs before providing non-emergency care.

Senate Hearing on Economic Development in Underserved Communities

On Jan. 5, 2022, the Senate Subcommittee on Housing, Transportation, and Community Development held the hearing, “Exploring How Community Development Financial Institutions Support Underserved Communities.” The hearing covered the topic of tackling economic disparities through expanded financial services and capital investment in communities of color, Tribal lands, and rural communities. In particular, the hearing addressed two bills, the CDFI Bond Guarantee Program Improvement Act and the Native American Rural Homeownership Improvement Act, cosponsored by Sens. Tina Smith (D-Minn.) and Mike Rounds (R-S.D.). The first bill would allow Community Development Financial Institutions (CDFI) to access long-term, secure funding to invest in underserved areas. The second bill would help native communities increase home ownership with expanded access to mortgages.

Social Current has collaborated with Prevent Child Abuse America on a new toolkit to help community-based organizations understand how to advocate for and access funds available through recent opioid settlements with pharmaceutical companies. The prevention and treatment services that community-based organizations provide are essential to addressing the ongoing opioid epidemic.

After a lengthy legal process to hold companies accountable for downplaying the addictiveness of opioids, 47 states have settled with opioid manufacturers, pharmaceutical distributors, and pharmacies for $26 billion. Separate opioid settlements are in process or concluded in the remaining states as well as additional localities. Though the funds resulting from the major settlement are temporarily in limbo because of legal action taken by the family that owns Purdue Pharma, these resources will ultimately be used to address the opioid crisis, and it is critical that community-based organizations begin preparing now to ensure that these funds are used not just for treatment, but also for prevention.

The settlement funds, proposed to be disbursed over the next 18 years and frontloaded at the beginning, will go to states and localities for the purpose of addressing the opioid epidemic. As these funds flow to entities across the nation, community-based organizations must have a seat at the table to decide how these funds are spent locally. These will be significant investments in the kinds of services our sector provides. The deep impact of the opioid epidemic has made it clear that a major part of the solution will be strengthening communities with upstream resources and supports.

This guide offers tools and resources to help community-based organizations navigate the complex legal and legislative process. Organizations should reach out to relevant stakeholders immediately, as these decisions are being made now in many states.

Download the toolkit from the Policy Action Center.

Download Toolkit

After a last-minute burst of activity to pass the Build Back Better Act by year’s end, negotiations between President Joe Biden and Sen. Joe Manchin (D-W.V.), the last holdout in the Senate, broke down. Over the weekend, Senator Manchin announced he could not support the Build Back Better bill and would vote no. Manchin expressed concerns over inflation and the budgetary design of the legislation, arguing that the bill’s proposed revenue increases, which last for 10 years, would not cover the full cost of social programs if they were extended over the full 10-year period. In response, the administration penned a forceful public response, virtually accusing Manchin of betraying the president. Senate Majority Leader Chuck Schumer announced that consideration of the Build Back Better Act would continue in early 2022.

As of now, it is unclear whether Senator Manchin will support a dramatically paired down version of the Build Back Better Act or if he has truly given up on negotiations. Manchin recently focused his criticisms on the Child Tax Credit, which expires this month but would be extended until the end of 2022 under the Build Back Better Act. If extended beyond next year, he argued, the credit would increase the deficit over the 10-year window. The administration countered that any future extensions of programs would be paired with increases in revenues to ensure the programs are fully paid for. Because of the events over the weekend, the likelihood of families receiving a January installment of the credit is highly unlikely. The Child Tax Credit reached 61.6 million children and kept 3.6 million children out of poverty in October, according to a study from the Center on Poverty and Social Policy. Take action now by reaching out to your legislators and asking them to extend the Child Tax Credit!

Late last week, congressional leaders reached a deal to avoid defaulting on our federal debt by extending the debt limit through early 2023. This deal increased the debt ceiling by $2.5 trillion, the amount intended to extend the government’s borrowing authority past next year’s midterm congressional elections. The bill had mostly Democratic support. Without action, the government would have had difficulty meeting its obligations after Dec. 15.

In other news, Social Current President and CEO Jody Levison-Johnson, recently authored the op-ed, “Why the Social Sector is Essential to Achieving Health Justice Across the United States,” in Nonprofit Quarterly. In the piece, she articulates the value community-based organizations bring to addressing the complex issues that impact health outcomes by using place-based approaches, harnessing data on risk and protective factors, as well as listening to the voices of those with lived experience.

Violence Against Women Act (VAWA) Reauthorization Moving Forward

After years of negotiations, Sens. Dianne Feinstein (D-Calif.), Joni Ernst (R-Iowa), Dick Durbin (D-Ill.) and Lisa Murkowski (R-Alaska) reached a bipartisan agreement to reauthorize the Violence Against Women Act. The proposed framework would improve rape prevention efforts and services for survivors, expand access to housing for survivors, and strengthen funding for legal services and trauma-informed law enforcement responses. The proposal would also expand programs in rural areas, bolster culturally specific services, and increase support for LBGTQ survivors and those who seek voluntary community-based restorative practice services. Finally, the agreement would bar individuals who are convicted of misdemeanor domestic violence crimes against a dating partner from possessing or purchasing firearms or ammunition. The senators plan to introduce their modernized VAWA reauthorization next month.

CMS Announces Funding for Vaccine Counseling Visits for Children

The Centers for Medicare and Medicaid Services announced that the federal government will match 100% of state Medicaid funds expended for COVID-19 vaccine counseling visits for children and youth. This funding will ensure that families of children covered by Medicaid can access individualized medical advice on vaccines from a trusted source, local providers. Consultations for children and youth under age 21 that fall under the Medicaid Early and Periodic Screening, Diagnostic and Treatment benefit will be covered under the new matching requirement. This guideline will last until a year after the COVID-19 public health emergency is declared over. Since Medicaid covers over 40% of children in the U.S., this new policy will help ensure that all families can access sound health information from community providers.

New Broadband Connectivity Program Seeks Public Comments

The Infrastructure and Jobs Act, which was recently signed into law, included the Affordable Connectivity Program (ACP), a $14 billion, long-term funding stream that will replace the Emergency Broadband Benefit (EBB) Program, which was created during the pandemic to help low-income households afford broadband. Under ACP, the maximum monthly benefit to help pay for broadband will fall to $30 per month, instead of $50 under the EBB. However, more households will have access to broadband assistance than before. Households that receive Special Supplemental Nutrition Program for Women, Infants, and Children benefits will be eligible for the program, in addition to recipients of SNAP and Medicaid under the EBB. Furthermore, families that have income below 200% of the federal poverty guidelines (FPG) will be eligible for the benefit, as opposed to families below 135% of the FPG under the EBB. The new program will begin March 1, 2022. Current recipients of the EBB will continue to receive benefits until then and information on the transition will be available in the coming weeks. In the meantime, the Federal Communications Commission is seeking public comments on the enacted changes and proposed rules for the Affordable Connectivity Program.

Online Forum with Elected Officials Highlights Nonprofit Workforce Challenges

In early December, three nonprofit state associations in the northeast hosted an online event that highlighted aspects of the nonprofit workforce crisis. During the event, 40 state legislators from Connecticut, Massachusetts, ad Rhode Island, the three associations’ states, joined the event and heard about challenges that nonprofits face, including budget uncertainty, spikes in service demand, and ambivalence from government leaders. Social sector leaders discussed how they can’t offer competitive salaries and wages and, as a result, are losing employees to the grocery and retail industries, as well as state government and hospitals. These leaders said that longstanding structural inequalities hamper the social sector’s ability to compete and weaken the sector. One of the main topics for further action was government grant and contract reform, which would create more permanency and stability within the sector. With American Rescue Plan funding flowing to the states, the nonprofits argued that now is an opportune time to invest in community-based organizations and set them up for success moving forward.

Major Cities Taking the Lead in Ending Contracting Challenges for Nonprofits

From our partner, the National Council of Nonprofits:

Newly elected officials in New York City announced recently that they are committed to stopping many of the longstanding and well-documented contracting abuses imposed on nonprofits providing services on behalf of the city. In an op-ed in the New York Daily News, Mayor-Elect Eric Adams and Comptroller-Elect Brad Lander wrote, “When nonprofits fall short—whether because the city fails to pay them on time, or because a small handful of rogues exploit the system—the most vulnerable New Yorkers are the ones who suffer most.” The incoming officials created a joint transition taskforce, “to identify the root causes of the dysfunction, establish a clear agenda to fix it and implement the changes.” Among other things, the taskforce will focus on significantly reducing payment delays to nonprofit contractors, increasing the predictability of payment schedules, increasing public transparency in the contract registration and payment process, and delivering on the City’s recent commitment to increase the “indirect cost rate” for nonprofit service providers. Representatives on the taskforce include Meg Barnette of New York Nonprofits and Doug Bauer of the Clark Foundation, a board member of the National Council of Nonprofits.

In San Francisco, nonprofit leaders are calling for systemic change in how governments hire and reimburse charitable nonprofits. A recent article in Mission Local quotes Jan Masaoka, CalNonprofits CEO, as saying, “Contracting should be fair,” and that “Smart governments know nonprofits will do the work and do it well.” She and others on a recent panel highlighted the many inequities in the government grants and contracting system.

New Legal Rulings Halt Vaccine Orders

All three of the federal vaccine mandates have been halted by the courts until further notice. First, the OSHA rule, which mandates either vaccination or testing for organizations with 100+ employees, remains in limbo because a federal circuit court has temporarily blocked it. Multiple lawsuits have been filed from various states, and they have been consolidated into one proceeding that currently sits before the Sixth Circuit Court of Appeals. Additional rulings are expected in the coming weeks. The second rule, which relates to health care facilities receiving Medicare and Medicaid dollars, was blocked last week by a federal court in Louisiana. This rule requires all covered health care facilities to require vaccination for all employees, trainees, students, and volunteers. Covered facilities include clinics, community mental health centers, immediate care facilities for people with intellectual disabilities, programs for all-inclusive care for elderly organizations, hospitals, immediate care, long-term care facilities, psychiatric residential treatment facilities, home health agencies, and more. Excluded entities include certain community-based services, assisted living facilities, group homes, and home- and community-based services. Ultimately, the case could end up in the Supreme Court.

A third mandate, pertaining to federal contractors, was recently halted until further notice. This mandate requires all federal contractors (not grantees) to get vaccinated.

Social Current will continue to share information as we receive it. For more information, check out our vaccine mandate resource collection, and for a candid discussion with executives at community based organizations, watch the recording of last week’s webinar on vaccine mandates.

January Contreras Nominated for Assistant Secretary for ACF

On Dec. 7, the White House announced January Contreras as its nominee for Assistant Secretary for the U.S. Department of Health and Human Services, Administration for Children and Families (ACF). She has served in a range of county, state, and federal roles supporting child and family well-being for more than 20 years.

Contreras is a former county prosecutor and assistant attorney general who went on to lead a legal aid center for children and young adults who have experienced abuse, neglect, family separation, homelessness, and human trafficking. She previously served in the Obama administration as Ombudsman for Citizenship and Immigration Services at the U.S. Department of Homeland Security and as a designee to the White House Council on Women and Girls. In this role, she led efforts to launch new federal training and guidance to ensure that immigrant victims of domestic violence and other crimes are treated with dignity and protection. At the state level, Contreras oversaw the Arizona Department of Health Services after serving as Assistant Director of the Arizona Health Care Cost Containment System, Arizona’s Medicaid agency. She was a member of Gov. Janet Napolitano’s Children’s Cabinet and the Arizona Early Childhood Development and Health Board.

Late last week, congressional leaders reached a deal to avoid a government shutdown by passing a short-term continuing resolution through Feb. 18. The current budget was set to expire last Friday. This will push the fiscal year 2022 budget conversations into early next year. Congress is still under pressure to get several things done before the end of the calendar year, including an extension of the debt limit, which will help the U.S. avoid defaulting on our loans.

In addition, President Joe Biden’s Build Back Better plan negotiations continue. After passing in the House of Representatives last month, the Build Back Better Act has fallen in line behind several other priorities in the Senate, including raising the debt ceiling. Senate Majority Leader Chuck Schumer (D-N.Y.) stated the social spending bill, which would dedicate almost $2 trillion for universal pre-K, affordable child care, housing investments, and climate tax credits, among other things, would be pass by Christmas. However, Chairman of the House Ways and Means Committee, Richard Neal (D-Mass.), predicts the process might drag into 2022. Democrats in both houses of Congress are debating whether to raise the $10,000 deduction cap on state and local tax payments, a provision strongly supported by Democrats in high-tax states but opposed by others as a tax break for high-income families. Paid family and medical leave is another source of friction, as Sen. Joe Manchin (D-W.V.) continues to oppose its inclusion in the overall package. If the bill is ultimately passed early next year, families may lose access to the child tax credit monthly installment in January, a possibility that is creating urgency for lawmakers leading up to Christmas.

In other news, the Biden administration unveiled its new winter COVID-19 mitigation strategy. According to senior administration officials, people with private insurance will be able to get at-home tests reimbursed because of laws set forth in the CARES Act. The administration is also putting out new travel requirements, including extending the mask rule on domestic flights through March, creating new testing protocols for people flying to the U.S., and more. The U.S. is also scheduled to deliver 200 million vaccine doses abroad in the next 100 days. The administration is launching a booster shot publicity effort, including notifying all Medicare recipients.

New Toolkits for Building Your Advocacy Muscle

Social Current offers two newly updated advocacy toolkits, one with general public policy 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.

Rebecca Jones Gaston Nominated for Top Child Welfare Role in Administration

Recently, President Joe Biden nominated Rebecca Jones Gaston to become the Commissioner of the Administration for Children, Youth, and Families within the Department of Health and Human Services. She currently serves as the Child Welfare Director for the Oregon Department of Human Services. In this role, she will oversee the Children’s Bureau and the Family and Youth Services Bureau. Her appointment is now pending the confirmation process in the Senate. Under her leadership in Oregon, the state launched a major transformation built on trauma-informed, family- and community-centered, and culturally responsive programs and services. She previously served as executive director of the Maryland Department of Human Services’ Social Services Administration. She has worked in the field of child welfare and human services for nearly 25 years as a social worker, advocate, therapist, consultant, and administrator. She has worked as a Director at Casey Family Programs providing technical assistance to child welfare agencies in the past.

New Legal Rulings Halt Vaccine Orders

Two out of three of the federal vaccine mandates have been halted by the courts until further notice. First, the OSHA rule, which mandates either vaccination or testing for organizations with 100+ employees, remains in limbo because a federal circuit court has temporarily blocked it. Multiple lawsuits have been filed from various states, and they have been consolidated into one proceeding that currently sits before the Sixth Circuit Court of Appeals. Additional rulings are expected in the coming weeks. The second rule, which relates to health care facilities receiving Medicare and Medicaid dollars, was blocked last week by a federal court in Louisiana. This rule requires all covered health care facilities to require vaccination for all employees, trainees, students, and volunteers. Covered facilities include clinics, community mental health centers, immediate care facilities for people with intellectual disabilities, programs for all-inclusive care for elderly organizations, hospitals, immediate care, long-term care facilities, psychiatric residential treatment facilities, home health agencies, and more. Excluded entities include certain community-based services, assisted living facilities, group homes, and home- and community-based services Ultimately, the case could end up in the Supreme Court.

A third mandate, pertaining to federal contractors, is still moving forward. This mandate requires all federal contractors (not grantees) to get vaccinated.

Social Current will continue to share information as we receive it. For more information, check out our vaccine mandate resource collection, and for a candid discussion with executives at community based organizations, watch the recording of last week’s webinar on vaccine mandates.

21st-Century Children and Families Act Introduced in the House

Rep. Karen Bass (D-Calif.) introduced the 21st-Century Children and Families Act, which would modernize the child welfare system and increase the likelihood of children in foster care returning to safe, permanent families. Specifically, the law would automatically terminate a parent’s rights when a child has been in foster care for 24 months. Currently, parental rights are modified if a child is in foster care for 15 out of 22 months. The law also would create exemptions to the 24-month timeline when a parent is actively engaged in services, or if the parent is incarcerated or in detention by the Department of Homeland Security. The goal of the law is for children to return to safe and stable homes, rather than stay in foster care and age out of the system. The bill would also strengthen non-discrimination laws in foster care services and placements and require states to report on disproportionality and disparities in access to services.

USDA Invests $86 Million in Rural Areas

U.S. Department of Agriculture Secretary Tom Vilsack announced 218 project investments in infrastructure, economic development, housing, health care, and high-speed internet in rural communities. The funding will impact 425,000 people in 46 states through programs like Tribal College Initiative Grants, Rural Community Development Initiative Grants, Housing Preservation Grants, Delta Health Care Grants, Socially Disadvantaged Groups Grants, and Water and Waste Disposal Grants.

As examples, the funds will help low-income families improve the safety and health of their homes in Central Florida, and in rural Pennsylvania, they will provide business development technical assistance to women-owned agricultural cooperatives. The USDA says these investments will improve equitable access to jobs, housing, and health care.

New Texting Feature for the National Suicide Prevention Lifeline

The Federal Communications Commission (FCC) has signed off on a plan to allow individuals to access the National Suicide Prevention Lifeline via text in addition to calling. In a statement, the FCC said that texting allows for increased anonymity compared to having a conversation over the phone, thereby increasing access for individuals in crisis. The FCC is requiring that texting providers connect individuals who text ‘988’ to the Lifeline by July 16, 2022.

Individuals can continue to access the lifeline by dialing 1-800-273-8255 or via chat on the website.

New Data on Nonprofit Workforce Crisis

The National Council of Nonprofits released a preliminary analysis of its recent survey to gauge the effects of the workforce shortage on the nonprofit sector. As of Nov. 15, 700 nonprofits responded from 47 states and nearly half reported vacancy rates between 0% and 9%. Of respondents, 15% have a vacancy rate of 10-19%, while another 26% have a rate of 20-29%.

The top barriers to hiring or retaining staff are:

For 27% of respondents, job vacancies have extended waitlists for services to more than a month. Many organizations said that they have had turn people away or expand caseloads per social worker to meet demand for services. The survey also asked respondents for solutions to the workforce crisis. Nonprofits cited outdated reimbursement rates, the lack of cost-of-living increases and the burden of indirect costs as major obstacles to financial stability and salary competitiveness.

Complete the survey online.

Related resources from Social Current:

On Nov. 15, President Joe Biden signed into law the bipartisan Infrastructure Investment and Jobs Act, a $1.2 trillion bill that will build and repair roads and bridges, improve public transit, support passenger rail, upgrade airports and ports, replace lead pipes, modernize transmission lines, and expand high-speed internet. The bill also includes a $50 million carve out for nonprofits, the Nonprofit Energy Efficiency pilot program, which will help nonprofits make capital upgrades to their buildings. Unfortunately, the bill does not include an extension of the Employee Retention Tax Credit, a lifeline for many nonprofits during the pandemic that expired in September; however, the nonprofit community will continue to advocate for that provision in upcoming bills. The administration touts the infrastructure bill as the largest investment in infrastructure in decades, creating millions of blue-collar jobs and improving efficiencies across the economy.

Now, Congress is turning its focus to President Biden’s signature Build Back Better Act, an almost $2 trillion bill that would make significant investments in climate change mitigation, pre-K, child care, housing, and elder care, as well as extend the new Child Tax Credit. The House of Representatives voted to pass the bill last Friday morning. The Congressional Budget Office (CBO), the nonpartisan reviewer of proposed legislation, had announced on Thursday that the bill did not include enough tax increases to pay for itself, adding $367 billion to the deficit over a decade. Nevertheless, moderate Democrats, nervous about deficit spending, decided to vote for the bill. Another point of contention in the House was the inclusion of the State and Local Tax (SALT) Deduction, a provision that would result in major tax cuts for high-earning households. Progressives claimed the SALT Deduction was a giveaway to the rich, while moderates, especially from high tax states like New Jersey and New York, required its inclusion in exchange for their vote for the entire package.

Now that the Build Back Better Act has passed the House, it will head to the Senate, where another round of negotiations will occur. Senate Democrats, with only a small majority of 50 seats plus the vice president’s tiebreaking vote, will have to balance the progressive and moderate wings of the party to get anything passed. Sens. Joe Manchin (D-W.V.) and Kyrsten Sinema (D-Ariz.) remain the primary holdouts and have made public complaints about the revenue raising side of the bill, its impact on inflation, and the House’s inclusion of paid family leave. Moreover, the reconciliation process in the Senate, which allows legislation with a budgetary impact to pass with just 50 votes instead of the usual 60 votes, may lead to some of the House bill’s provisions being eliminated from the bill, such as immigration provisions that expand the number of green card holders and stop deportations. Timing on a Senate vote is still not clear.

Social Current will continue to keep you updated on the legislative process, as this legislation winds its way through Congress.

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 Resources on Vaccine Mandate Policies and Sixth Circuit Court Review

Just a few weeks ago, the Biden administration announced new vaccine mandates for employers. Several new resources are available that break down vaccine requirements for nonprofit employers. In recent days, after numerous lawsuits from states around the country, the Sixth Circuit Court announced it will hear lawsuits against the administration’s rule. The rule was formally issued Nov. 5 and requires compliance by Jan. 4. Even if the Sixth Circuit weighs in quickly, it’s likely the decision will be appealed, and litigation could continue for weeks or months. Ultimately, the case could end up in the Supreme Court.

Social Current Webinar and Curated Resource List
Leaders of community-based organizations are finding themselves needing to determine their organizations’ paths for creating and upholding vaccine policies, a topic that will be covered in the Dec. 1 webinar, Critical Conversation: The State of Vaccine Mandates and Community-Based Organizations.

Leaders are also finding that they are a powerful resource for providing support and guidance around vaccine hesitancy to their staff and 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.

The OSHA Vaccine Mandate
This mandate is for employers with 100+ employees and requires employees (barring some exceptions) to either get vaccinated or submit to weekly COVID-19 testing beginning in early January. A new summary from Lutheran Services in America breaks down covered entities, exclusions, deadlines, rules, reporting requirements, and more. The National Council of Nonprofits has also updated its summary.

The CMS Vaccine Mandate
This mandate is for covered health care entities that receive Medicaid or Medicare dollars. It requires that all employees (barring some exceptions) get vaccinated, with no weekly testing option. A new summary from Lutheran Services in America breaks down the rule. While many community-based organizations are excluded as covered entities, home health agencies, long-term care facilities, intermediate care facilities for individuals with intellectual disabilities, Psychiatric Residential Treatment Facilities, and others do qualify as covered. An FAQ from CMS has also been released.

The Status of the Momnibus Bill

For many months, various members of Congress have advocated for a package of bills, known as the “Momnibus,” that supports improving maternal health. Social Current has supported and endorsed this legislation. The most recent draft of the Build Back Better Act includes every eligible provision of the Momnibus bill, as well as mandatory, permanent investments in yearlong postpartum Medicaid coverage in every state. Compared to the previous draft of the Build Back Better bill, every provision has either the same or increased funding. Investments include addressing social determinants of health through community-based organizations, perinatal health workforce investments, maternal mental health equity grant program, advancing maternal health research institutions serving minorities, and more. Rep. Lauren Underwood (D-Ill.) has led this legislation along with members of the Black Maternal Health Caucus. If the Build Back Better bill passes, it would provide the largest maternal health equity investments in American history. The Build Back Better bill still has not made it across the finish line yet, so now is an important time to speak out in support of the maternal health provisions.

House Passes the Family Violence Prevention and Services Improvement Act

On Oct. 26, the House of Representatives voted to reauthorize the Family Violence Prevention and Services Improvement Act through the 2026 fiscal year. This critical funding stream supports emergency shelters for victims of domestic violence and prevention services through grants and cooperative agreements between states, tribes, and community-based groups. According to the bill, recipients can use funding for technical assistance, evidence-based prevention approaches, community strategies to reduce family violence, and partnership development. Moreover, there are specific grants to organizations that provide population-specific and culturally specific services to racial and ethnic minority groups.

LIHEAP Funds Released for Winter Bills

The Office of Community Services in the Department of Health and Human Services announced the distribution of $3.37 billion in block grant funding for the Low-Income Home Energy Assistance Program (LIHEAP). LIHEAP serves low-income households with heat and energy assistance, as well as weatherization assistance. The program primarily serves households with seniors, young children, and people with disabilities. These funds were made available by a concurrent resolution, passed at the end of September, keeping the government open until Dec. 3.

New Toolkit on Addressing Health Misinformation

U.S. Surgeon General Vivek Murthy recently released A Community Toolkit for Addressing Health Misinformation, which provides tools to help community-based organizations and other entities recognize and push back against misinformation. The toolkit includes:

As COVID-19 vaccines are now available to children 5-11 years old, the toolkit represents a “whole-of-society” approach to combatting misinformation.

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