o B) INCLUSION.—The term ‘‘Tribal government’’ includes any subdivision (regardless of the laws and regulations of the jurisdiction in which the subdivision is organized or incorporated) of a governing body described in subparagraph (A) that— (i) is wholly owned by that governing body; and (ii) has been delegated the right to exercise 1 or more substantial governmental functions of the governing body. • The immunity of any state and tribal government is not abrogated by the Act. In the event of a duly executed sovereign immunity waiver, the limitations on liability in the Act would control. • Preempts federal, state, and tribal law that provides for recovery for COVID-19 actions except for laws that impose stricter liability limitations. • Liability limitations do not apply to enforcement actions by governments, discrimination lawsuits, and workers compensation actions. • Provides liability for intentional misconduct or gross negligence that is defined as reckless disregard of: a (1) legal duty, (2) the consequences to another party, and (3) applicable government standards and guidance. • “Applicable government standard” only includes standards by federal, state, and local jurisdictions. • Provides employers with protection from liability under federal labor and employment laws if acting in compliance with “applicable government standards.” • Provides for concurrent original jurisdiction in district court and removal from tribal court to federal court. Continuing Small Business Recovery and Paycheck Protection Program Act PPP Updates Paycheck Protection Program Improvements (PPP) • Eligible PPP Expenses: Expands to include the following expenses: operations; property damage; supplier costs; and worker protection. Confirms that employer group insurance is a payroll cost. • Lender Safe Harbor: No enforcement action could be taken against a lender who in good faith relied on a certification/documentation submitted by a borrower. • Allows a borrower to elect their covered period for loan forgiveness. • Provides a simplified application based on whether a loan exceeds $150,000. • Reduces eligible loan amount under the first round from $10 million to $2 million. PPP Second Loan • Provides for a second loan from the PPP for eligible businesses, including Tribal Business Concerns, that are under 300 employees. • Creates a $10 billion set aside for community lenders and directs the SBA Administrator to issue guidance addressing barriers for access to capital for underserved communities. Provides $190 billion of committed and appropriated funds to support PPP and PPP Second Draw Loans. Non-PPP Programs 7(a) Loans to Recovery Sector Businesses
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