On Wednesday, December 8, 2021, the House of Representatives passed H.R. 5119. This bill extends the deadline for Tribal governments (which includes Alaska Native Corporations (“ANCs”)), to use CARES Act funds from December 31, 2021 to December 31, 2022. 

The Senate had previously passed S.3011 on October 19, 2021, which also extended the deadline for Tribal governments (including ANCs) to use CARES Act funds from December 31, 2021 to December 31, 2022. S. 3011, however, contained additional changes to the American Rescue Plan Act, including expanding the eligible uses of ARPA funds by Tribal governments. H.R. 5119 does not contain those additional provisions. 

Accordingly, no extension to the deadline for Tribes and ANCs to use CARES Act funds has been enacted. Because the House of Representatives did not pass S. 3011, but instead passed H.R. 5119, and H.R. 5119 contains different provisions than S.3011 (or rather does not contain all of S.3011’s provisions), H.R. 5119 must now go to the Senate for consideration and passage prior to becoming law. 

We will continue to monitor the situation and update you on the status of H.R. 5119 and S.3011.

This article summarizes aspects of the law and does not constitute legal advice. For legal advice for your situation, you should contact an attorney.