DISTRICT OF COLUMBIA CONFEDERATED TRIBES OF THE … · Case No.: 01:20-cv-01002-APM DECLARATION OF...

DECLARATION OF RIYAZ A. KANJI –

Kanji & Katzen, P.L.L.C. 811 1st Ave., Suite 630

Seattle, WA 98104 206-344-8100

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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA

CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION TULALIP TRIBES HOULTON BAND OF MALISEET INDIANS AKIAK NATIVE COMMUNITY ASA’CARSARMIUT TRIBE ALEUT COMMUNITY OF ST. PAUL ISLAND Plaintiffs,

v.

STEVEN MNUCHIN, SECRETARY, UNITED STATES DEPARTMENT OF THE TREASURY Defendant.

Case No.: 01:20-cv-01002-APM DECLARATION OF RIYAZ A. KANJI

I, Riyaz A. Kanji, declare the following on the basis of personal knowledge to which I am

competent to testify:

1. I am an attorney at law, duly admitted to practice before this Court. My law firm has

been retained by Plaintiffs the Confederated Tribes of the Chehalis Reservation, the

Tulalip Tribes, the Houlton Band of Maliseet Indians, the Akiak Native Community, the

Asa’carsarmiut Tribe, and the Aleut Community of St. Paul Island to represent them in

Case 1:20-cv-01002-APM Document 3-8 Filed 04/20/20 Page 1 of 39



Seattle, WA 98104 206-344-8100

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the above-captioned matter. I am fully familiar with the facts and circumstances of this

case. I make this declaration in support of Plaintiffs’ Motion for Temporary Restraining

Order and Preliminary Injunction and Statement of Points and Authorities.

2. Attached as Exhibit 1 is a true and correct copy of the title page and table of contents and

Title V of the Coronavirus Aid, Relief, and Economic Securities Act (“CARES Act").

3. Attached as Exhibit 2 is a true and correct copy of the Treasury Department tribal

government Certification required to be used in requesting funds from the Coronavirus

Relief Fund. This document was accessed and downloaded by my law firm, Kanji &

Katzen, P.L.L.C., on April 14, 2020, using a link on the Treasury Department’s online

portal for tribal government funding under Title V of the CARES Act,

https://forms.treasury.gov/caresact/stateandlocal.

4. Attached as Exhibit 3 is a true and correct image of the foregoing Treasury Department

online portal page, from which Exhibit 2 was downloaded.

5. Attached as Exhibit 4 is a true and correct image of a page from the Department of

Interior, Indian Affairs website related to the Coronavirus Relief Fund, which was

accessed by Kanji & Katzen on April 19, 2020 at https://www.bia.gov/covid-19/cares-act.

6. Attached as Exhibit 5 is a true and correct copy of a sample online application form for

tribal governments seeking assistance from the Coronavirus Relief Fund, which was

downloaded by Kanji & Katzen on April 14, 2020 using a link on the foregoing

Department of Interior, Indian Affairs webpage, Exhibit 4.

7. Attached as Exhibit 6 is a true and correct copy of the Department of the Interior, Indian

Affairs April 14, 2020 “Coronavirus Relief Fund Web Portal Registration Guidance for




Seattle, WA 98104 206-344-8100

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Tribal Governments,” which Kanji & Katzen accessed on April 14, 2020 at

https://www.bia.gov/sites/bia.gov/files/assets/as-

ia/opa/pdf/Indian%20Affairs%20Registration%20Guidance%204.14.2020_508.pdf.

I declare under penalty of perjury that the foregoing is true and correct. Executed on April 19,

2020.

/s/ Riyaz A. Kanji

Riyaz A. Kanji, D.C. Bar # 455165 303 Detroit Street, Suite 400 Ann Arbor, MI 48104

Telephone: 734-769-5400 Email: [email protected]

Co-Counsel for the Confederated Tribes of the Chehalis Reservation and the Tulalip Tribes

Counsel for the Houlton Band of Maliseet Indians, Akiak Native Community, Asa’carsarmiut Tribe and Aleut Community of St. Paul Island


EXHIBIT 1

Kanji Decl.


H. R. 748

One Hundred Sixteenth Congress of the

United States of America AT THE SECOND SESSION

Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty

An Act To amend the Internal Revenue Code of 1986 to repeal the excise tax on high

cost employer-sponsored health coverage.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Coronavirus Aid, Relief, and Economic Security Act’’ or the ‘‘CARES Act’’. SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References.

DIVISION A—KEEPING WORKERS PAID AND EMPLOYED, HEALTH CARE SYSTEM ENHANCEMENTS, AND ECONOMIC STABILIZATION

TITLE I—KEEPING AMERICAN WORKERS PAID AND EMPLOYED ACT Sec. 1101. Definitions. Sec. 1102. Paycheck protection program. Sec. 1103. Entrepreneurial development. Sec. 1104. State trade expansion program. Sec. 1105. Waiver of matching funds requirement under the women’s business cen-

ter program. Sec. 1106. Loan forgiveness. Sec. 1107. Direct appropriations. Sec. 1108. Minority business development agency. Sec. 1109. United States Treasury Program Management Authority. Sec. 1110. Emergency EIDL grants. Sec. 1111. Resources and services in languages other than English. Sec. 1112. Subsidy for certain loan payments. Sec. 1113. Bankruptcy. Sec. 1114. Emergency rulemaking authority.

TITLE II—ASSISTANCE FOR AMERICAN WORKERS, FAMILIES, AND BUSINESSES

Subtitle A—Unemployment Insurance Provisions Sec. 2101. Short title. Sec. 2102. Pandemic Unemployment Assistance. Sec. 2103. Emergency unemployment relief for governmental entities and nonprofit

organizations. Sec. 2104. Emergency increase in unemployment compensation benefits. Sec. 2105. Temporary full Federal funding of the first week of compensable regular

unemployment for States with no waiting week. Sec. 2106. Emergency State staffing flexibility. Sec. 2107. Pandemic emergency unemployment compensation. Sec. 2108. Temporary financing of short-time compensation payments in States

with programs in law. Sec. 2109. Temporary financing of short-time compensation agreements.

Case 1:20-cv-01002-APM Document 3-8 Filed 04/20/20 of 39

H. R. 748—2

Sec. 2110. Grants for short-time compensation programs. Sec. 2111. Assistance and guidance in implementing programs. Sec. 2112. Waiver of the 7-day waiting period for benefits under the Railroad Un-

employment Insurance Act. Sec. 2113. Enhanced benefits under the Railroad Unemployment Insurance Act. Sec. 2114. Extended unemployment benefits under the Railroad Unemployment In-

surance Act. Sec. 2115. Funding for the DOL Office of Inspector General for oversight of unem-

ployment provisions. Sec. 2116. Implementation.

Subtitle B—Rebates and Other Individual Provisions Sec. 2201. 2020 recovery rebates for individuals. Sec. 2202. Special rules for use of retirement funds. Sec. 2203. Temporary waiver of required minimum distribution rules for certain re-

tirement plans and accounts. Sec. 2204. Allowance of partial above the line deduction for charitable contribu-

tions. Sec. 2205. Modification of limitations on charitable contributions during 2020. Sec. 2206. Exclusion for certain employer payments of student loans.

Subtitle C—Business Provisions Sec. 2301. Employee retention credit for employers subject to closure due to

COVID–19. Sec. 2302. Delay of payment of employer payroll taxes. Sec. 2303. Modifications for net operating losses. Sec. 2304. Modification of limitation on losses for taxpayers other than corpora-

tions. Sec. 2305. Modification of credit for prior year minimum tax liability of corpora-

tions. Sec. 2306. Modifications of limitation on business interest. Sec. 2307. Technical amendments regarding qualified improvement property. Sec. 2308. Temporary exception from excise tax for alcohol used to produce hand

sanitizer.

TITLE III—SUPPORTING AMERICA’S HEALTH CARE SYSTEM IN THE FIGHT AGAINST THE CORONAVIRUS

Subtitle A—Health Provisions Sec. 3001. Short title.

PART I—ADDRESSING SUPPLY SHORTAGES

SUBPART A—MEDICAL PRODUCT SUPPLIES Sec. 3101. National Academies report on America’s medical product supply chain

security. Sec. 3102. Requiring the strategic national stockpile to include certain types of

medical supplies. Sec. 3103. Treatment of respiratory protective devices as covered countermeasures.

SUBPART B—MITIGATING EMERGENCY DRUG SHORTAGES Sec. 3111. Prioritize reviews of drug applications; incentives. Sec. 3112. Additional manufacturer reporting requirements in response to drug

shortages.

SUBPART C—PREVENTING MEDICAL DEVICE SHORTAGES Sec. 3121. Discontinuance or interruption in the production of medical devices.

PART II—ACCESS TO HEALTH CARE FOR COVID–19 PATIENTS

SUBPART A—COVERAGE OF TESTING AND PREVENTIVE SERVICES Sec. 3201. Coverage of diagnostic testing for COVID–19. Sec. 3202. Pricing of diagnostic testing. Sec. 3203. Rapid coverage of preventive services and vaccines for coronavirus.

SUBPART B—SUPPORT FOR HEALTH CARE PROVIDERS Sec. 3211. Supplemental awards for health centers. Sec. 3212. Telehealth network and telehealth resource centers grant programs. Sec. 3213. Rural health care services outreach, rural health network development,

and small health care provider quality improvement grant programs.


H. R. 748—3

Sec. 3214. United States Public Health Service Modernization. Sec. 3215. Limitation on liability for volunteer health care professionals during

COVID–19 emergency response. Sec. 3216. Flexibility for members of National Health Service Corps during emer-

gency period.

SUBPART C—MISCELLANEOUS PROVISIONS Sec. 3221. Confidentiality and disclosure of records relating to substance use dis-

order. Sec. 3222. Nutrition services. Sec. 3223. Continuity of service and opportunities for participants in community

service activities under title V of the Older Americans Act of 1965. Sec. 3224. Guidance on protected health information. Sec. 3225. Reauthorization of healthy start program. Sec. 3226. Importance of the blood supply.

PART III—INNOVATION Sec. 3301. Removing the cap on OTA during public health emergencies. Sec. 3302. Priority zoonotic animal drugs.

PART IV—HEALTH CARE WORKFORCE Sec. 3401. Reauthorization of health professions workforce programs. Sec. 3402. Health workforce coordination. Sec. 3403. Education and training relating to geriatrics. Sec. 3404. Nursing workforce development.

Subtitle B—Education Provisions Sec. 3501. Short title. Sec. 3502. Definitions. Sec. 3503. Campus-based aid waivers. Sec. 3504. Use of supplemental educational opportunity grants for emergency aid. Sec. 3505. Federal work-study during a qualifying emergency. Sec. 3506. Adjustment of subsidized loan usage limits. Sec. 3507. Exclusion from Federal Pell Grant duration limit. Sec. 3508. Institutional refunds and Federal student loan flexibility. Sec. 3509. Satisfactory academic progress. Sec. 3510. Continuing education at affected foreign institutions. Sec. 3511. National emergency educational waivers. Sec. 3512. HBCU Capital financing. Sec. 3513. Temporary relief for federal student loan borrowers. Sec. 3514. Provisions related to the Corporation for National and Community Serv-

ice. Sec. 3515. Workforce response activities. Sec. 3516. Technical amendments. Sec. 3517. Waiver authority and reporting requirement for institutional aid. Sec. 3518. Authorized uses and other modifications for grants. Sec. 3519. Service obligations for teachers.

Subtitle C—Labor Provisions Sec. 3601. Limitation on paid leave. Sec. 3602. Emergency Paid Sick Leave Act Limitation. Sec. 3603. Unemployment insurance. Sec. 3604. OMB Waiver of Paid Family and Paid Sick Leave. Sec. 3605. Paid leave for rehired employees. Sec. 3606. Advance refunding of credits. Sec. 3607. Expansion of DOL Authority to postpone certain deadlines. Sec. 3608. Single-employer plan funding rules. Sec. 3609. Application of cooperative and small employer charity pension plan rules

to certain charitable employers whose primary exempt purpose is pro-viding services with respect to mothers and children.

Sec. 3610. Federal contractor authority. Sec. 3611. Technical corrections.

Subtitle D—Finance Committee Sec. 3701. Exemption for telehealth services. Sec. 3702. Inclusion of certain over-the-counter medical products as qualified med-

ical expenses. Sec. 3703. Increasing Medicare telehealth flexibilities during emergency period. Sec. 3704. Enhancing Medicare telehealth services for Federally qualified health

centers and rural health clinics during emergency period.


H. R. 748—4

Sec. 3705. Temporary waiver of requirement for face-to-face visits between home dialysis patients and physicians.

Sec. 3706. Use of telehealth to conduct face-to-face encounter prior to recertification of eligibility for hospice care during emergency period.

Sec. 3707. Encouraging use of telecommunications systems for home health serv-ices furnished during emergency period.

Sec. 3708. Improving care planning for Medicare home health services. Sec. 3709. Adjustment of sequestration. Sec. 3710. Medicare hospital inpatient prospective payment system add-on pay-

ment for COVID–19 patients during emergency period. Sec. 3711. Increasing access to post-acute care during emergency period. Sec. 3712. Revising payment rates for durable medical equipment under the Medi-

care program through duration of emergency period. Sec. 3713. Coverage of the COVID–19 vaccine under part B of the Medicare pro-

gram without any cost-sharing. Sec. 3714. Requiring Medicare prescription drug plans and MA–PD plans to allow

during the COVID–19 emergency period for fills and refills of covered part D drugs for up to a 3-month supply.

Sec. 3715. Providing home and community-based services in acute care hospitals. Sec. 3716. Clarification regarding uninsured individuals. Sec. 3717. Clarification regarding coverage of COVID–19 testing products. Sec. 3718. Amendments relating to reporting requirements with respect to clinical

diagnostic laboratory tests. Sec. 3719. Expansion of the Medicare hospital accelerated payment program during

the COVID–19 public health emergency. Sec. 3720. Delaying requirements for enhanced FMAP to enable State legislation

necessary for compliance.

Subtitle E—Health and Human Services Extenders

PART I—MEDICARE PROVISIONS Sec. 3801. Extension of the work geographic index floor under the Medicare pro-

gram. Sec. 3802. Extension of funding for quality measure endorsement, input, and selec-

tion. Sec. 3803. Extension of funding outreach and assistance for low-income programs.

PART II—MEDICAID PROVISIONS Sec. 3811. Extension of the Money Follows the Person rebalancing demonstration

program. Sec. 3812. Extension of spousal impoverishment protections. Sec. 3813. Delay of DSH reductions. Sec. 3814. Extension and expansion of Community Mental Health Services dem-

onstration program.

PART III—HUMAN SERVICES AND OTHER HEALTH PROGRAMS Sec. 3821. Extension of sexual risk avoidance education program. Sec. 3822. Extension of personal responsibility education program. Sec. 3823. Extension of demonstration projects to address health professions work-

force needs. Sec. 3824. Extension of the temporary assistance for needy families program and

related programs.

PART IV—PUBLIC HEALTH PROVISIONS Sec. 3831. Extension for community health centers, the National Health Service

Corps, and teaching health centers that operate GME programs. Sec. 3832. Diabetes programs.

PART V—MISCELLANEOUS PROVISIONS Sec. 3841. Prevention of duplicate appropriations for fiscal year 2020.

Subtitle F—Over-the-Counter Drugs

PART I—OTC DRUG REVIEW Sec. 3851. Regulation of certain nonprescription drugs that are marketed without

an approved drug application. Sec. 3852. Misbranding. Sec. 3853. Drugs excluded from the over-the-counter drug review. Sec. 3854. Treatment of Sunscreen Innovation Act. Sec. 3855. Annual update to Congress on appropriate pediatric indication for cer-

tain OTC cough and cold drugs.


H. R. 748—5

Sec. 3856. Technical corrections.

PART II—USER FEES

Sec. 3861. Finding. Sec. 3862. Fees relating to over-the-counter drugs.

TITLE IV—ECONOMIC STABILIZATION AND ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY

Subtitle A—Coronavirus Economic Stabilization Act of 2020

Sec. 4001. Short title. Sec. 4002. Definitions. Sec. 4003. Emergency relief and taxpayer protections. Sec. 4004. Limitation on certain employee compensation. Sec. 4005. Continuation of certain air service. Sec. 4006. Coordination with Secretary of Transportation. Sec. 4007. Suspension of certain aviation excise taxes. Sec. 4008. Debt guarantee authority. Sec. 4009. Temporary Government in the Sunshine Act relief. Sec. 4010. Temporary hiring flexibility. Sec. 4011. Temporary lending limit waiver. Sec. 4012. Temporary relief for community banks. Sec. 4013. Temporary relief from troubled debt restructurings. Sec. 4014. Optional temporary relief from current expected credit losses. Sec. 4015. Non-applicability of restrictions on ESF during national emergency. Sec. 4016. Temporary credit union provisions. Sec. 4017. Increasing access to materials necessary for national security and pan-

demic recovery. Sec. 4018. Special Inspector General for Pandemic Recovery. Sec. 4019. Conflicts of interest. Sec. 4020. Congressional Oversight Commission. Sec. 4021. Credit protection during COVID–19. Sec. 4022. Foreclosure moratorium and consumer right to request forbearance. Sec. 4023. Forbearance of residential mortgage loan payments for multifamily prop-

erties with federally backed loans. Sec. 4024. Temporary moratorium on eviction filings. Sec. 4025. Protection of collective bargaining agreement. Sec. 4026. Reports. Sec. 4027. Direct appropriation. Sec. 4028. Rule of construction. Sec. 4029. Termination of authority.

Subtitle B—Air Carrier Worker Support Sec. 4111. Definitions. Sec. 4112. Pandemic relief for aviation workers. Sec. 4113. Procedures for providing payroll support. Sec. 4114. Required assurances. Sec. 4115. Protection of collective bargaining agreement. Sec. 4116. Limitation on certain employee compensation. Sec. 4117. Tax payer protection. Sec. 4118. Reports. Sec. 4119. Coordination. Sec. 4120. Direct appropriation.

TITLE V—CORONAVIRUS RELIEF FUNDS Sec. 5001. Coronavirus Relief Fund.

TITLE VI—MISCELLANEOUS PROVISIONS Sec. 6001. COVID–19 borrowing authority for the United States Postal Service. Sec. 6002. Emergency designation.

DIVISION B—EMERGENCY APPROPRIATIONS FOR CORONAVIRUS HEALTH RESPONSE AND AGENCY OPERATIONS

SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division.


H. R. 748—221

recipients of financial assistance under this subtitle which, in the sole determination of the Secretary, provide appropriate compensa-tion to the Federal Government for the provision of the financial assistance.

SEC. 4118. REPORTS.

(a) REPORT.—Not later than November 1, 2020, the Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Financial Services of the House of Represent-atives and the Committee on Commerce, Science, and Transpor-tation and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the financial assistance provided to air carriers and contractors under this subtitle, including a descrip-tion of any financial assistance provided.

(b) UPDATE.—Not later than the last day of the 1-year period following the date of enactment of this Act, the Secretary shall update and submit to the Committee on Transportation and the Committee on Financial Services and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate the report described in subsection (a).

SEC. 4119. COORDINATION.

In implementing this subtitle the Secretary shall coordinate with the Secretary of Transportation.

SEC. 4120. DIRECT APPROPRIATION.

Notwithstanding any other provision of law, there is appro-priated, out of amounts in the Treasury not otherwise appropriated, $32,000,000,000 to carry out this subtitle.

TITLE V—CORONAVIRUS RELIEF FUNDS

SEC. 5001. CORONAVIRUS RELIEF FUND.

(a) IN GENERAL.—The Social Security Act (42 U.S.C. 301 et seq.) is amended by inserting after title V the following:

‘‘TITLE VI—CORONAVIRUS RELIEF FUND

‘‘SEC. 601. CORONAVIRUS RELIEF FUND.

‘‘(a) APPROPRIATION.— ‘‘(1) IN GENERAL.—Out of any money in the Treasury of

the United States not otherwise appropriated, there are appro-priated for making payments to States, Tribal governments, and units of local government under this section, $150,000,000,000 for fiscal year 2020.

‘‘(2) RESERVATION OF FUNDS.—Of the amount appropriated under paragraph (1), the Secretary shall reserve—

‘‘(A) $3,000,000,000 of such amount for making pay-ments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and


H. R. 748—222

‘‘(B) $8,000,000,000 of such amount for making pay-ments to Tribal governments.

‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), not later than

30 days after the date of enactment of this section, the Secretary shall pay each State and Tribal government, and each unit of local government that meets the condition described in para-graph (2), the amount determined for the State, Tribal govern-ment, or unit of local government, for fiscal year 2020 under subsection (c).

‘‘(2) DIRECT PAYMENTS TO UNITS OF LOCAL GOVERNMENT.— If a unit of local government of a State submits the certification required by subsection (e) for purposes of receiving a direct payment from the Secretary under the authority of this para-graph, the Secretary shall reduce the amount determined for that State by the relative unit of local government population proportion amount described in subsection (c)(5) and pay such amount directly to such unit of local government. ‘‘(c) PAYMENT AMOUNTS.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), the amount paid under this section for fiscal year 2020 to a State that is 1 of the 50 States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year.

‘‘(2) MINIMUM PAYMENT.— ‘‘(A) IN GENERAL.—No State that is 1 of the 50 States

shall receive a payment under this section for fiscal year 2020 that is less than $1,250,000,000.

‘‘(B) PRO RATA ADJUSTMENTS.—The Secretary shall adjust on a pro rata basis the amount of the payments for each of the 50 States determined under this subsection without regard to this subparagraph to the extent nec-essary to comply with the requirements of subparagraph (A). ‘‘(3) RELATIVE POPULATION PROPORTION AMOUNT.—For pur-

poses of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal year 2020 is the product of—

‘‘(A) the amount appropriated under paragraph (1) of subsection (a) for fiscal year 2020 that remains after the application of paragraph (2) of that subsection; and

‘‘(B) the relative State population proportion (as defined in paragraph (4)). ‘‘(4) RELATIVE STATE POPULATION PROPORTION DEFINED.—

For purposes of paragraph (3)(B), the term ‘relative State popu-lation proportion’ means, with respect to a State, the quotient of—

‘‘(A) the population of the State; and ‘‘(B) the total population of all States (excluding the

District of Columbia and territories specified in subsection (a)(2)(A)). ‘‘(5) RELATIVE UNIT OF LOCAL GOVERNMENT POPULATION

PROPORTION AMOUNT.—For purposes of subsection (b)(2), the term ‘relative unit of local government population proportion amount’ means, with respect to a unit of local government and a State, the amount equal to the product of—


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‘‘(A) 45 percent of the amount of the payment deter-mined for the State under this subsection (without regard to this paragraph); and

‘‘(B) the amount equal to the quotient of— ‘‘(i) the population of the unit of local government;

and ‘‘(ii) the total population of the State in which

the unit of local government is located. ‘‘(6) DISTRICT OF COLUMBIA AND TERRITORIES.—The amount

paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of—

‘‘(A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and

‘‘(B) each such District’s and territory’s share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. ‘‘(7) TRIBAL GOVERNMENTS.—From the amount set aside

under subsection (a)(2)(B) for fiscal year 2020, the amount paid under this section for fiscal year 2020 to a Tribal govern-ment shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally-owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally-owned entity) and determined in such manner as the Secretary determines appro-priate to ensure that all amounts available under subsection (a)(2)(B) for fiscal year 2020 are distributed to Tribal govern-ments.

‘‘(8) DATA.—For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. ‘‘(d) USE OF FUNDS.—A State, Tribal government, and unit

of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Tribal government, or unit of local government that—

‘‘(1) are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19);

‘‘(2) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and

‘‘(3) were incurred during the period that begins on March 1, 2020, and ends on December 30, 2020. ‘‘(e) CERTIFICATION.—In order to receive a payment under this

section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government’s proposed uses of the funds are consistent with subsection (d).

‘‘(f) INSPECTOR GENERAL OVERSIGHT; RECOUPMENT.— ‘‘(1) OVERSIGHT AUTHORITY.—The Inspector General of the

Department of the Treasury shall conduct monitoring and over-sight of the receipt, disbursement, and use of funds made available under this section.


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‘‘(2) RECOUPMENT.—If the Inspector General of the Depart-ment of the Treasury determines that a State, Tribal govern-ment, or unit of local government has failed to comply with subsection (d), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the Federal Government. Amounts recov-ered under this subsection shall be deposited into the general fund of the Treasury.

‘‘(3) APPROPRIATION.—Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Office of the Inspector General of the Department of the Treasury, $35,000,000 to carry out oversight and recoupment activities under this subsection. Amounts appropriated under the preceding sentence shall remain avail-able until expended.

‘‘(4) AUTHORITY OF INSPECTOR GENERAL.—Nothing in this subsection shall be construed to diminish the authority of any Inspector General, including such authority as provided in the Inspector General Act of 1978 (5 U.S.C. App.). ‘‘(g) DEFINITIONS.—In this section:

‘‘(1) INDIAN TRIBE.—The term ‘Indian Tribe’ has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304(e)).

‘‘(2) LOCAL GOVERNMENT.—The term ‘unit of local govern-ment’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level with a population that exceeds 500,000.

‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of the Treasury.

‘‘(4) STATE.—The term ‘State’ means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

‘‘(5) TRIBAL GOVERNMENT.—The term ‘Tribal government’ means the recognized governing body of an Indian Tribe.’’. (b) APPLICATION OF PROVISIONS.—Amounts appropriated for

fiscal year 2020 under section 601(a)(1) of the Social Security Act (as added by subsection (a)) shall be subject to the requirements contained in Public Law 116–94 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254 through 256).

TITLE VI—MISCELLANEOUS PROVISIONS

SEC. 6001. COVID–19 BORROWING AUTHORITY FOR THE UNITED STATES POSTAL SERVICE.

(a) DEFINITIONS.—In this section— (1) the term ‘‘COVID–19 emergency’’ means the emergency

involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus Disease 2019 (COVID– 19); and


EXHIBIT 2

Kanji Decl. Page 340


OMB Approved No. 1505-0264

Expiration Date: 10/31/2020

Certification for Requested Tribal Data

Name of Indian Tribe:

_________________________________

Population: Total number of Indian Tribe Citizens/Members/Shareholders, as of January 1, 2020:

_________________________________

Land Base: Total number of land acres held by the Indian Tribe and any tribally-owned entity (to include entities in which the

Indian Tribe maintains at least 51% ownership) as of January 1, 2020 (to include lands held in trust by the United States, owned

in restricted fee status, owned in fee, or selected pursuant to the Alaska Native Claims Settlement Act).

_________________________________

Employees: Total number of persons employed by the Indian Tribe and any tribally-owned entity (to include entities in which

the Indian Tribe maintains at least 51% ownership) on January 1, 2020.

_________________________________

Expenditures: Total expenditures for the most recently completed fiscal year.

_________________________________

CERTIFICATION

I hereby certify I am authorized by the governing body of the Indian Tribe described above to submit the information included

with this form and that it is true and correct to the best of my knowledge. I further understand that anyone who knowingly and

willfully makes a false statement to the United States Government may be subject to criminal prosecution under the False

Statements Accountability Act of 1996, 18 U.S.C. 1001.

Name: _________________________________

Title:________________________________

Date:________________________________



Note: 'Indian Tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native

village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85

Stat. 688, 43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United

States to Indians because of their status as Indians.

PAPERWORK REDUCTION ACT NOTICE

The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated

with this collection of information is two hour per response. Comments concerning the accuracy of this burden estimate and

suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the

Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not

conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control

number assigned by OMB.



EXHIBIT 3



U.S. DEPARTMENT OF THE TREASURY



The CARES Act provides Assistance for State and Local Governments

Through the Coronavirus Relief Fund, the CARES Act provides for payments to State,

Local, and Tribal governments navigating the impact of the COVID-19 outbreak.

The CARES Act established the $150 billion Coronavirus Relief Fund.



Treasury will make payments from the Fund to States and eligible units of local

government; the District of Columbia and U.S. Territories (the Commonwealth of

Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands); and Tribal governments (collectively

“governments”).

The CARES Act requires that the payments from the Coronavirus Relief Fund only be

used to cover expenses that—

(1) are necessary expenditures incurred due to the public health emergency with

respect to the Coronavirus Disease 2019 (COVID–19);

(2) were not accounted for in the budget most recently approved as of March 27, 2020

(the date of enactment of the CARES Act) for the State or government; and

(3) were incurred during the period that begins on March 1, 2020, and ends on

December 30, 2020.

Additional information on eligible uses of Fund disbursements by governments will be

posted as it becomes available.

Amounts paid to States, the District of Columbia, U.S. Territories, and eligible units of

local government are based on population as provided in the CARES Act. The CARES

Act directs Treasury to use U.S. Census Bureau data for the most recent year for which

data is available. The amount of payments made to each State will be reduced by the

aggregate amount of payments that will be disbursed to eligible local governments

within such State that have provided the required certifications to Treasury.

Additional information on these points can be accessed below.

A unit of local government eligible for receipt of direct payment includes a county,

municipality, town, township, village, parish, borough, or other unit of general

government below the State level with a population that exceeds 500,000. Eligible

local governments must submit the certification required by the CARES Act to Treasury

by the deadline set forth below in order to receive payment.

Payments to Tribal Governments are to be determined by the Secretary of the Treasury

in consultation with the Secretary of the Interior and Indian Tribes. Although that



consultation has not yet concluded, certain data is requested of Tribal governments at

this time to assist in this determination. Additional information on payments to Tribal

governments will be posted as it becomes available.

Governments eligible for payments must provide payment information and required

supporting documentation through the electronic form accessible below. To ensure

payments are made within the 30 day period specified by the CARES Act, governments

must submit completed payment materials not later than 11:59 p.m. EDT on April 17,

2020. Eligible local and Tribal governments that do not provide required information

—and in the case of a local government, the required certification—by 11:59 p.m. EDT

on April 17, 2020, may not receive any payment from the Fund.

• Data sources and the distribution methodology for units of local government.

• Listing of eligible units of local government.

• Eligible Units: Submission Required for Receipt of Coronavirus Relief Fund

Payments.

BEWARE COVID-19 SCAMS

RECENT REMARKS AND STATEMENTS

PERSONAL FINANCE RESOURCES



EXHIBIT 4



U.S. Department of the Interior

Indian Affairs

Search Indian Affairs

About Us Programs & Services Policy & Forms

Regional Offices Consultations Jobs

Home / Coronavirus Disease 2019 (COVID-19) Outbreak / CARES Act

Covid-19

CARES

Act

School

Closures

Federal

Response

Resources

CARES Act

Coronavirus Relief Fund for Tribal Governments

Through the Coronavirus Relief Fund, the CARES Act provides

payments to state, local, and tribal governments navigating the impact of

the COVID-19 outbreak. Payments to tribal governments are to be

determined by the Secretary of the Treasury in consultation with the

Secretary of the Interior and American Indian and Alaska Native tribes.

Eligible tribal governments must provide payment information and

required supporting documentation using the Eligible Units: Submission

Required for Receipt of Coronavirus Relief Fund Payments” Web

portal. To ensure payments are made within the 30 day period specified

by the CARES Act, governments must submit completed payment

materials no later than 11:59 p.m. EDT on April 17, 2020. Eligible tribal

governments that do not provide the required certification by that time

may not receive any payment from the Fund.

“Assistant Secretary Sweeney is committed to supporting all American

Indians and Alaska Natives, and to suggest she has personal motives or

that she is attempting to divert funds away from American Indians is

completely false. Her approach has always been focused on



inclusiveness, transparency and partnerships. It is unfortunate that during

a time all should be united, there are those who are seeking to divide the

American Indian and Alaska Native community and are suggesting to

ignore the mandate of Congress and exclude eligible entities as defined

by law.

Since day one of the Trump Administration and throughout the COVID-19

pandemic, Indian Affairs continues to work tirelessly with the Tribes to

assist their communities, provide critical resources to combat this virus

and ensure all of their voices are heard. One example of Assistant

Secretary Sweeney's commitment to inclusiveness and building

partnerships is a call she held with Great Plains Tribal Chairmen’s

Association Inc. leaders on Monday, April 13th, as a courtesy, to help the

leaders from that region understand the CARES Act process, listen to

their concerns and address any of their questions.” – DOI Spokesperson

The Department of the Treasury is the lead federal agency, and they are

required to consult with the Department of the Interior and Tribes.

Treasury must follow the law and provisions that were prescribed and

passed by Congress, and mandated to the Administration. The CARES

Act, passed by an overwhelming bi-partisan majority, provides $8 billion in

financial assistance to tribal governments.

Treasury hosted in-depth Tribal consultations as required by the CARES

Act along with the Department of the Interior on April 2nd and 9th with

nearly 3,000 participants representing Indian Country and Alaska Native

villages. Treasury and Indian Affairs accepted written comments through

April 13th, and 439 comments were received from this process.

US. Department of Treasury is requesting data from tribal governments to

assist in the funding determination. Use the Web Portal Registration

Guidance for Tribal Governments to prepare for and submit a

complete Certificate.

• Web Portal Registration Guidance and Instructions for

Completing the Treasury Certificate for Tribal

Governments (read prior to submitting Treasury Certificate)

• Web Portal to Complete Treasury Certificate - The online

application form is compatible with the following Web browsers:

Internet Explorer 10+, Chrome 80.0+,Safari 13.1+. Firefox 74.0+. If

you need technical support to complete your online application,



please contact [email protected] to request

assistance.

• Sample Form

• Frequently Asked Questions

Tribal Leader Letters

• April 15 - CARES Act Distributions

• Information Sheet - CARES Act Indian Programs and

Indian Education Programs

Press Release:

• Indian Affairs to Assist Tribes Eligible to Receive Funding

from Treasury Under the Coronavirus Relief Fund

• CARES Act Provides Critical Assistance to Tribal

Governments

Consultation Schedule

In the event you are unable to make the consultation call, please provide

written comments to [email protected] and

[email protected] no later than Monday, April 13, 2020.

Date Time

(Eastern

Time)

Call-In Information

Thursday,

April

2, 2020

1 p.m. -

4 p.m.

Phone number: 888-950-5924

Participant Code: 1682452

Transcript

Thursday,

April 9,

2020

1 p.m. -

4 p.m.

Phone number: 888-950-5924

Participant Code: 1682452

Transcript



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Schema.org Care Act



EXHIBIT 5



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PAPERWORK REDUCTION ACT NOTICE

The infonnation collected will be used for the U.S. Government to process requests for support. The estimated burden associated with

this collection of information is four hours per response. Comments concerning the accuracy of this burden estimate and suggestions

for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department ofthe Treasury, 1500

Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct orsponsor, and aperson is not required to respond to, a collection of information unless it displays a valid control number assigned by 0MB.

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https://apps-treas-sites.secure.force.com/caresact/PayrollConfirmation

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EXHIBIT 6



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