Situational Awareness
The House and Senate are in session this week. The House will consider legislation designating Washington, D.C., as the 51st state, limiting the president’s authority to use proclamations to bar entry into the U.S., and a bill to extend a federal ban on fentanyl analogues. The Senate will continue work on bipartisan legislation combating hate crimes against Asian Americans, bipartisan legislation on drinking and wastewater infrastructure, and executive nominations.
NCA City Clubs Urge Clarification of Restaurant Revitalization Fund
On April 5, 2021, NCA and more than 20 city clubs sent a letter to the Chairs and Ranking Members of the House and Senate Small Business Committees urging them to prevail upon the Small Business Administration to clarify eligibility for the newly established Restaurant Revitalization Fund (RRF). The RRF was created as part of the American Rescue Plan, which was signed into law on March 11, 2021. The program is aimed at providing grants to licensed food and beverage establishments that have reduced revenues as a result of government-mandated restrictions. The grants would be offset by any funds received under the Paycheck Protection Program. The letter and request have been acknowledged by both the House and Senate Committees.
Appeals of OSHA COVID-19 Citations Increase
OSHA has cited 408 employers for violations of workplace safety regulations related to COVID-19 since the pandemic began and approximately 170 of those employers have appealed the citations. Employers argue that their efforts to provide a safe workplace were the best they could arrange given the evolving understanding of the nature of the virus and shortage of personal protective equipment during the pandemic. The appeals are likely to take months or longer to resolve..
Infrastructure Package Negotiations Continue
Negotiations on an infrastructure package continue to take shape, though agreement seems far off in the future. President Biden’s $2.25 trillion proposal has been criticized by Republicans for its wide-ranging interpretation of infrastructure to include social spending programs instead of what has typically been considered infrastructure such as roads, bridges and waterways. The proposal has also been criticized for its proposed increase in corporate tax rates from the current 21% to 28%, which would boost revenues by roughly $1.5 trillion over 10 years. Centrist Democrats in the Senate have balked at increasing rates above 25%. The proposal also contemplates raising individual tax rates on households earning more than $400,000 annually, which has some Democrats in high-income districts concerned about an electoral impact.
EEOC Responds to NCA Request for Clarification on Vaccine Incentives
On April 15, the Equal Employment Opportunity Commission (EEOC) responded to a letter sent by a number of business groups, including NCA, requesting clarification on what employers may do to incentivize employees to undergo vaccination for COVID-19. The EEOC indicated they expect to update its technical guidance to address issues such as whether employers may offer incentives to vaccinate without running afoul of the Americans with Disabilities Act and other laws enforced by the EEOC. You can see a copy of the EEOC’s response letter here.
Closing Arguments in George Floyd Homicide Case This Week
Closing arguments will take place today in the case against former Minneapolis Police Officer, Derek Chauvin, for the homicide of George Floyd last May. Chauvin has pled not guilty to charges of second-degree unintentional murder, third-degree “depraved mind” murder, and second-degree manslaughter. Minneapolis has been the center of many protests over law enforcement’s treatment of African Americans and sparked similar protests in cities across the nation. Further inflaming the situation, on April 11, a traffic stop in the neighboring suburb of Brooklyn Center, Minn., resulted in the police shooting death of Duante Wright. Having visited downtown Minneapolis over the weekend, the city is clearly bracing itself for further protests with businesses boarded up and National Guard troops stationed throughout the city.