Congressional Record, March 18, 2020: floor action on H.R. 6201 (Families First Coronavirus Response Act)
Summary
The Congressional Record for Wednesday, March 18, 2020, Vol. 166, No. 52, of the 116th Congress, second session. It states that the House was not in session that day and that the Senate met at 10 a.m., called to order by the President pro tempore, Mr. Grassley, with a prayer by the Chaplain, Dr. Barry C. Black. Mr. McConnell states that the Senate will vote later today on a House proposal, says the House's bill has real shortcomings for small businesses, and states: "I will vote to pass their bill." Mr. McConnell also describes a 30-minute rollcall vote to avoid congregating in the well.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, March 18, 2020: floor action on H.R. 6201 (Families First Coronavirus Response Act).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/congressional-record-march-18-2020-floor-action-on-h-r-6201-families-f-8d67ddba32/
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Congressional Record
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116 th CONGRESS, SECOND SESSION
United States
of America PROCEEDINGS AND DEBATES OF THE
Vol. 166 WASHINGTON, WEDNESDAY, MARCH 18, 2020 No. 52
House of Representatives
The House was not in session today. Its next meeting will be held on Thursday, March 19, 2020, at 9 a.m.
Senate
WEDNESDAY, MARCH 18, 2020
The Senate met at 10 a.m. and was CORONAVIRUS RECOGNITION OF THE MAJORITY
called to order by the President pro LEADER
tempore (Mr. GRASSLEY). Mr. GRASSLEY. Madam President,
the Trump administration wants the The PRESIDING OFFICER. The ma-
f jority leader is recognized.
U.S.-Mexico-Canada agreement to
PRAYER enter into force by June 1. I am eager, f
The Chaplain, Dr. Barry C. Black, of- as well, for that to happen, but we CORONAVIRUS
fered the following prayer: must first ensure that Canada and
Mexico are complying with their com- Mr. MCCONNELL. Madam President,
Let us pray. every day our country grows more af-
Holy God, we love You. You are our mitments under that agreement.
fected by the continued spread of the
strength, rock, and protection. Use our I am especially concerned that the coronavirus. Every American is feeling
Senators today to make our Nation June 1 date presents unique challenges the anxiety and uncertainty of this na-
safer and better. May they often think for the U.S. oil industry, when it is al- tional challenge—older Americans and
of the positive legacy they can lead ready facing significant supply chain young Americans, healthy Americans
through faithful service to You and disruptions due to COVID–19. and those with underlying medical con-
country. ditions, parents, teachers, working
As we learned in 2009, the health of
Lord, remind them that You have Americans, and small business owners,
the auto industry is critical to the
brought our Nation through much certainly, our first responders and
health of the entire American econ-
greater difficulties than the ones we healthcare professionals. Everyone—
omy. I urge the administration to take
now face. As they strive to unite for everyone—is impacted in different
very seriously the concerns expressed
the common good of this land we love, ways and to different degrees, but all
may they embrace Your promise that by the highest level of the auto indus-
try to ensure a reasonable timeline for Americans are affected.
You will never leave or forsake us. All of us have seen our daily lives
We pray in Your merciful Name. entry into force of the U.S.-Mexico-
Canada agreement auto regulations. transformed in what feels like the
Amen. blink of an eye. That is the bad news,
f It would be prudent right now to let and it is the good news too. We are all
these companies focus instead on the in this together—all in it together. Our
PLEDGE OF ALLEGIANCE health of their workforce and supply Nation faces this serious challenge, but
The President pro tempore led the chains. working together we can take bold
Pledge of Allegiance, as follows: I yield the floor. steps to combat it.
I pledge allegiance to the Flag of the Earlier this month, Congress passed
I suggest the absence of a quorum.
United States of America, and to the Repub- billions in urgent funding for public
lic for which it stands, one nation under God, The PRESIDING OFFICER. The health and small businesses, and this
indivisible, with liberty and justice for all. clerk will call the roll. Senate majority remains committed to
The PRESIDING OFFICER (Mrs. The bill clerk proceeded to call the taking further bold steps to preserve
LOEFFLER). The Senator from Iowa is roll. and protect the economic foundations
recognized. of our country.
Mr. GRASSLEY. Madam President, I Mr. MCCONNELL. Madam President, Later today, the Senate will vote on
ask unanimous consent to speak in I ask unanimous consent that the order a House proposal that seeks to address
morning business for 1 minute. for the quorum call be rescinded. one small piece of the problem before
The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without us. It is a well-intentioned, bipartisan
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objection, it is so ordered. objection, it is so ordered. product assembled by House Democrats
∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
S1781
.
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S1782 CONGRESSIONAL RECORD — SENATE March 18, 2020
and President Trump’s team that tries injection of liquidity and access to lies will be flying around the country
to stand up and expand some new relief credit, and it means Washington work- again to reunite and catch up. We will
measures for American workers. ing directly with the lenders who al- have gotten through this together. In
I will vote to pass their bill. This is ready work with these small businesses part, it will be because the Federal
the time for urgent, bipartisan action, to minimize the new bureaucracy so Government and Congress did our part,
and, in this case, I do not believe we the assistance can flow as fast as pos- but, just as important, it will also be
should let perfection be the enemy of sible. because every single American did
something that would help even a sub- So we are going to pass the House’s theirs.
set of workers. bill, but its imperfections will just f
However, the House’s bill has real make our more comprehensive package
shortcomings. It does not even begin to even more urgent. So we aren’t leav- ORDER OF BUSINESS
cover all of the Americans who will ing. So everybody understands, we Mr. MCCONNELL. Now, Madam
need help in the days ahead. And, more aren’t leaving until we deliver. The President, some observations about
specifically, it achieves one of its sig- Senate is not going to leave small busi- how we will conduct the voting that
nature policies by imposing a new, un- ness behind. will likely occur later today, for the in-
tested mandate on small businesses This will be just one component of formation of all of our colleagues.
without—without—guaranteeing they our work. As we speak, Chairman What we will do is have a 30-minute
will have sufficient funds in advance to GRASSLEY and others are determining rollcall vote. We want to avoid congre-
finance this new employee benefit. the best pathway to put money di- gating here in the well. I would encour-
Everyone agrees that workers need rectly in the hands of the American age our colleagues to come in and vote
relief. The Republicans are working on people—those who are employed, those and depart the Chamber so we don’t
bold solutions to help individuals and who may be laid off, retirees, disabled have gaggles of conversation here on
families as we speak, but small busi- Americans, families—as quickly as pos- the floor. That is particularly impor-
nesses need relief as well. sible. tant for our staff here in the front of
This is literally the worst time in liv- Of course, Chairman ALEXANDER and the Chamber.
ing memory to pile even more burdens a number of our colleagues are working So I would encourage everyone to
and costs onto small businesses, which on further steps in our public health take full advantage of the full 30-
are, themselves, fighting to stay alive fight against the virus itself, such as minute rollcall vote. Come in and vote
unless—unless—we back it up with getting more tools in the hands of and leave, and be aware of the social
major assistance. healthcare providers, removing bar- distancing that Dr. Monahan and oth-
We all know what small businesses riers to treatment, and helping re- ers have recommended as we come over
are up against. Just this week, New searchers develop therapeutics and to the Chamber and as we depart. With
York City joined the list of towns and vaccines. that, I think we will be able to get
cities across the country where local Chairman WICKER and several Sen- through the voting that will occur, in
officials have shuttered every bar and ators are considering the possibility of all likelihood, later today without vio-
every restaurant for the sake of public targeted relief for key industries that lating any of the safety precautions
health. At 5 p.m. today, all public-fac- are shouldering an outsized burden that have been recommended to us by
ing businesses in my home State of from the public health directives and the Capitol physician and others.
Kentucky will do the same. These job which our Nation will need to be oper-
creators are literally being taken off- ational on the other side of this. f
line by their own governments for the We are crafting bold and significant RESERVATION OF LEADER TIME
public good. legislation to meet this crisis head-on
It is not only bars, restaurants, and The PRESIDING OFFICER. Under
and to strengthen our Nation.
entertainment businesses we need to The Congress has an enormous role the previous order, the leadership time
worry about. Nobody expects Main to play in responding to this challenge, is reserved.
Street small businesses of any sort to and we are determined to do that duty. f
hold the kind of cash buffer they would But, at the same time, never in our Na- MORNING BUSINESS
need to remain in business and wait tion’s history have Americans looked
out a national economic disruption solely to Washington for answers. That The PRESIDING OFFICER. Under
that could last for weeks or months. is not who we are. This is no different. the previous order, the Senate will be
Men and women who pour their en- Even amidst the uncertainty, the in a period of morning business, with
tire lives into small businesses do not American people are stepping up and Senators permitted to speak therein
need even more obstacles. They need reminding everyone what solidarity for up to 10 minutes each.
help. They need a lifeline. They need to and citizenship look like. In my home Mr. MCCONNELL. I suggest the ab-
know that Congress understands the State, Kentuckians are going out of sence of a quorum.
historic obstacles they are facing and their way to stand with their neigh- The PRESIDING OFFICER. The
that we have their back as well. bors. Stay-at-home parents are volun- clerk will call the roll.
There is no moral hazard here. This teering to help neighbors with The bill clerk proceeded to call the
is not some rescue following risky busi- childcare when parents are unable to roll.
ness decisions. Nobody thinks any of telework. Grocery stores in the Louis- Mr. DURBIN. Madam President, I ask
this is the fault of small businesses. So ville area are setting aside the first unanimous consent that the order for
while I will support the House bill in hour they are open each day, right the quorum call be rescinded.
order to secure emergency relief for after their cleaning, so older shoppers The PRESIDING OFFICER. Without
some American workers, I will not ad- and those with underlying conditions objection, it is so ordered.
journ the Senate until we have passed can shop first and with less exposure. f
a far bolder package that must include One local restaurant is distributing
significant relief for small businesses free meals to service industry workers CORONAVIRUS
all across our country. whose hours have been cut. Mr. DURBIN. Madam President, I
As we speak, Chairman RUBIO, Sen- This is what makes the United States come to the floor this morning with
ator COLLINS, and others are assem- of America what it is, and it is what we sad news. Illinois has lost its first resi-
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bling a historic level of assistance for are today: generosity, friendship, re- dent to the coronavirus—a pandemic
small businesses across America. We solve, and strength. which is threatening our country and
want to help them survive this disrup- This is not a challenge anyone want- the world. Her name was Patricia
tion, absorb the new mandate in the ed for our Nation, but it is a challenge Frieson, 61 years old, a retired nurse.
House bill, and continue to make pay- we will overcome. Someday—hopefully, She was an exceptional person. Her
roll and avoid layoffs as much as they soon—our Nation will have this virus brother said she cared for everyone but
can and emerge this storm in the best on its heels, mainstream small busi- herself. She lived taking care of people,
shape possible. That means a historic nesses will be thriving again, and fami- and she loved it.
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1783
She started having breathing dif- Republican side—that one of the first I might also add that the Democrats
ficulties last week and was hospitalized things we need to do is to assure those have a proposal that Senator SCHUMER
at one of our better hospitals in the employees who may not feel well that has spelled out and will undoubtedly
city of Chicago and succumbed yester- it is best to stay home, and there is a speak to again when he comes to the
day to the coronavirus and its com- way to do that without sacrificing the floor this morning. At this moment, we
plications. She had a history of res- basics in life—your home, your food— have at least two tracks, two paths to-
piratory illness, but she was taking which your family counts on. ward the third bill to try to help the
care of herself and staying home, as We put together this package with economy. Senator MCCONNELL has sug-
she was told to do. the White House on a bipartisan basis gested that he will do his exclusively
The family remembers the last time that provides family leave and medical among Republicans, and that may be a
she left the house was 2 weeks ago to leave. It also provides extension of un- necessary starting point, but I urge
attend a funeral of a friend. She did en- employment benefits that are nec- him and all of the leaders to come to-
tertain visitors at her home from time essary for many workers across this gether on a bipartisan basis as quickly
to time. Her two sisters have asked for country. as possible.
tests themselves because they were in Passing this bill this morning or this The first two measures that we have
contact with her. I am sorry to report afternoon is an important step forward passed—the initial $8 billion supple-
they have been unable to obtain those to let the people across America know mental appropriation for the
tests, at least as of late last night. we are doing what we can here in the healthcare side of the equation was es-
I have spoken with the Governor of Senate and in the House to be respon- sential and done quickly on a bipar-
Illinois almost every day, and we are sive. tisan basis.
having—through the State labora- Senator MCCONNELL came to the The second measure, which I hope we
tories—about 350 tests each day, this floor this morning and announced the pass today in the Senate, was also done
State of almost 13 million people. In next bill—coronavirus 3, if you wish— with the White House, Speaker
addition to the State lab tests are the which is a much larger undertaking, PELOSI—Democrats and Republicans
private labs and hospital tests, which and it will embark on trying to get the working together. Each of us had to
account for a number comparable but economy on its feet enough to sustain give. This measure we are voting for is
not much larger than 350. There just what we are facing with layoffs and not what I would have drawn up, and I
aren’t enough tests. I am sure our business closures. It is a daunting task. am sure Republicans feel the same, but
plight is not unusual. The amount of money involved is any- it is a compromise and one on which we
We have heard a lot about the tests where from $700 billion to $1 trillion. I ought to move forward.
on the horizon, coming soon—the soon- have heard these estimates from time The third measure we are considering
er the better. Until we get into more to time. That is a massive amount of should be nothing less—it ought to be
complete testing, it is going to be dif- money by any measure, but when bipartisan from the start. In a press
ficult for us to measure the extent of measured against the economy of the conference yesterday, Senator SCHU-
the infection and the impact. It is al- United States, it may not be adequate MER suggested that the four leaders in
most impossible to target areas of our to the challenge. the House and Senate, Democrats and
State that need more attention than Some have suggested cash payments
Republicans, meet with the White
others because of the lack of testing. to individual Americans. I have no
House and sit down at the table now to
We had a nursing home over the aversion to that idea, but I hope it is
get started on putting together this
weekend where there was a patient who substantial, and I hope it isn’t a one-
measure rather than to retire to our
tested positive for the coronavirus. The time helping hand that isn’t followed
sidelines and each work individually or
Department of Public Health of the up.
Many of us on the Democratic side separately. The sooner we come to-
State of Illinois went to that nursing
are working on a program that we gether, the better.
home in Willowbrook as a consequence One of the provisions Senator SCHU-
of the first test and tested all of the think will say to families that we are
MER insists on—and I would add my
residents and staff and found 22 tested not just going to send you one check
voice in chorus—is that we be sensitive
positive for the coronavirus infection. and wish you the best; we are going to
stand by you during this very difficult, to the reality of the healthcare facili-
Naturally, that raised our numbers
challenging time. ties across America and what they are
dramatically. We now have 160 known
I spent the last several days on the likely to face in the weeks to come.
cases in our State, in 15 different coun-
telephone with business leaders across Hospitals and frontline responders are
ties. It is an indication where there is
our State. It started with calling one of telling us they are worried they lack
a signal of infection that testing is ab-
my favorite restaurants that sent an the equipment and resources we need.
solutely essential so we can identify all
online message about closing down for Some experts predicted as many as 1.9
of those who may test positive.
Patricia Frieson’s brother Richard business and being not quite sure of million—1.9 million—intensive care
was asked what he thought about the their future. It is troubling to hear a unit admissions from this outbreak
news that she was the first fatality in person or family member who put their will take place over the next several
our State. He said it was heart- life into a restaurant now facing clo- months, swamping existing facilities.
breaking. But then he said: I tell every- sure, wondering if they will ever open There are only 100,000 ICU beds across
body to take this very seriously, as we again. the entire United States, and we know
should. Some of us are buying gift certifi- accommodating 1.9 million will just
I think, across the United States, we cates at our favorite restaurant to help overwhelm the system. There is also a
are coming to realize that this is an ex- them get through this and help their major dearth of necessary masks, res-
ceptional public health crisis and chal- employees during this period of time. pirators, ventilators, gowns, goggles—
lenge, the likes of which we have never My wife is doing that in Springfield. I all of the things that are essential to
seen. have done it in Chicago. We will prob- protect healthcare workers and to save
Sometime later this morning or early ably do it more. I encourage others the lives of those who are facing this
this afternoon, we will consider the who want to make sure that restaurant illness.
package that was passed by the House is there after we weather this storm to What a frustration it is in my State,
of Representatives in the early morn- extend a helping hand if we can. the State of Illinois, that I still get re-
ing hours of Saturday. It is a package Some of these restaurants are ports from virtually every level that
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that was designed to provide some teaming up with charitable organiza- the so-called national stockpile has not
help, some financial assistance, to tions to produce the meals that are opened up its doors for my State when
workers and families across the United needed for schoolchildren and their it comes to basic needs. I mentioned
States who are coping with the illness families. It is a little different assign- earlier about a nursing home with 22
or losing their jobs or being laid off be- ment, but these restaurants are the positive infections in my State. The
cause of the state of the economy. best in their profession, and it is great head of the Illinois Department of Pub-
We on the Democratic side feel—and to see them cooperating and working lic Health, who alerted me to this, told
I believe that feeling is shared on the together. me that in a very short period of time,
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S1784 CONGRESSIONAL RECORD — SENATE March 18, 2020
they were going to use up the protec- than I can ever recall in our family You don’t even know if you con-
tive equipment and masks and gloves, conversations. tracted the virus right away, or maybe
for example, that they had available. Perhaps adversity has a created com- your spouse, maybe your child, maybe
They didn’t know where to turn for munity. Perhaps this situation, this your parent, maybe your friend.
more. concern that we have, is leading to Then there is a much greater sense of
Let’s get this together. I believe more empathy. isolation, a problem for which there is
there is a national stockpile, and I be- We are going to get through this. no cure. I miss not meeting and talking
lieve it should be open for the States America always does. There will be to my constituents. They are our life-
that need it immediately. Our State is some painful moments and very dif- blood. That is not happening just to us
one of those. ficult ones. I think those who sent us here in the Senate; it is happening
Referring to these ventilators and to do this job in Washington expect us across America—friends who used to
breathing devices, in a press conference to put our party labels at the door, find get together and families who had
a couple of days ago, the President said solutions to the challenges we face, gatherings. Different social activities
the Governors should do their best. We help our Nation through this crisis, and are gone—book clubs, card games. The
can do better than that. The largest come out strong on the other side. fabric and sinew of our lives as human
stockpile of this equipment is in pos- I yield the floor. beings have been put on hold, and no-
session of the Federal Government, and body knows for how long.
f
we should turn to it quickly to help By necessity, Americans are now sac-
those in need. RECOGNITION OF THE MINORITY rificing their normal lives and daily
I am very concerned as well—I will LEADER routines and, maybe worst of all, sacri-
close. I see other colleagues on the The PRESIDING OFFICER. The ficing the sense of community because
floor, and I know they would like to Democratic leader is recognized. we all, each individually and together
make comments as well. I will close by as a country, must fight this awful
f
virus.
also saying that as we undertake the
CORONAVIRUS Unfortunately, we are only just be-
next piece of legislation—the $800, $900, ginning to see the necessary serious-
$1 trillion bill—I hope the first priority Mr. SCHUMER. Madam President, I
thank my good friend, the Senator ness and mobilization of resources from
is to make sure we help our hospitals. the Federal Government. Sadly, unfor-
I have a measure with Senator from South Dakota, for his usual dis-
play of patience. tunately, and with awful consequences,
LANKFORD, Republican of Oklahoma,
The coronavirus pandemic continues this administration took far too long
that will compensate hospitals in rural
to test our Nation in new and difficult to wake up to this global crisis. It has
areas and downstate areas in Illinois. I
ways. There is now a confirmed case of wasted precious weeks in downplaying
am fearful they will be the first to be
coronavirus in all 50 States and the the severity of the coronavirus—weeks
overwhelmed. I hope those representing
District of Columbia. Our public health that could have been spent in earnest
rural States will come together and
system was understaffed and in the preparation of building our test-
join, as Senator LANKFORD and I have,
underresourced, and without interven- ing capacity. As a result, the United
to try to find a way to make sure they
tion, it could soon become over- States continues to lag behind other
are adequately funded to get through
whelmed. countries in the number and the per-
this crisis.
Even as the market shifts from day centage of the population we are test-
I might add that we also need med-
to day, the coronavirus is slowing our ing.
ical professionals in the long term. I Stories of Americans who feel sick
hope we will dedicate ourselves to im- economy to a near-standstill, and we
and show symptoms but who are unable
proving the National Health Service are almost certainly anticipating a re-
to access coronavirus tests appear
Corps as one way of doing that and fo- cession. You go to the streets of many
every day in every single newspaper.
cusing that in rural areas. cities, towns, and villages, and they are Warnings of the potential shortages of
Finally, I have a bill with Senator empty. Schools are closed in large por- masks, hospital beds, and ventilators
ALEXANDER, Senator MURRAY, and Sen- tions of the country. Businesses are appear in the paper every day. In 2
ator BLUNT to take a survey through struggling not to lay off workers be- weeks, the issue of ventilators and ICU
the National Academy of Sciences of cause they don’t have customers, they beds will be like the issue of tests
our dependence on foreign-made medi- don’t have clients, and they don’t have today. In other words, 2 or 3 weeks ago,
cines and medical supplies and medical income. There is great urgency here. many of us were saying to get those
equipment so that we can establish, There are really two separate and si- tests out. A month ago, people were
not only during this challenge and cri- multaneous emergencies—one in our saying it, and now we are seeing the
sis but for future challenges and cri- healthcare system and another in the consequences—lockdowns because we
ses—whether we have adequate domes- economy. We have to deal with both. If can’t test people. We don’t know who
tic production capacity or a necessary we don’t solve the one in our has the virus and who doesn’t. The
stockpiles to protect us. We found, for healthcare, the economy will continue same crisis will be occurring in a few
example, that some 20 major drugs to get bad no matter what we do for it. weeks. Mark our words. Unfortunately,
were manufactured exclusively in Less tangible than those two emer- it is true about ventilators and ICU
China. As China went through the gencies but still very real is the impact beds. We are behind the eight ball on
early stages of this coronavirus crisis, the virus is having on American soci- tests, and we are soon going to be be-
there was a fear that we would be cut ety. My home city of New York is ef- hind the eight ball on ICU beds and
off from sources. We have asked the fectively on lockdown. You can go to a ventilators as more and more people
National Academy of Science to give us place like the Times Square subway get sick.
a survey as quickly as possible. station and see actually nobody there. The administration didn’t pay atten-
I will close by saying that it is inter- Americans are being asked—rightly— tion to tests, and now we are paying
esting, as I follow the emails of my not to gather in groups of 10 or more, the price even though many of us were
friends and family and hear from my not to go to dinner or to a bar or to hollering for weeks about the emerging
colleagues, that as we are separated their church or place of worship. issues with testing. The same problem
with this social distance which we are I lived through 9/11. It occurred in my is about to happen with ventilators. We
trying to respect across the United city. I knew people who were lost. I know, in 2 weeks, the number of ven-
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States—as we are separated, it is inter- lived through the days of the financial tilators might become a massive prob-
esting how much we are drawn to- crisis in 2008 and other moments of na- lem. We must get ahead of it and get
gether. Our family’s emails and phone tional urgency. But there is something ahead of it now. I call on President
calls have been more numerous than much worse about this crisis we face. I Trump to use his existing authority to
ever as we think about one another have never sensed a greater sense of help address the widespread shortages
more and reach out as we hear that uncertainty, a greater fear of the fu- of medical equipment, particularly
there is a need within our family. ture, of the unknown. We don’t know ventilators, as a result of the COVID–19
There is more conversation and candor how long this crisis will last. outbreak.
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1785
I joined 27 of my colleagues in a let- in any bailout to industry. There are of $1,000. My fellow Americans, this is
ter to President Trump to urge him to many things in this bill that are im- not a time for small thinking, and this
invoke the Defense Production Act of portant: no payment on student loans is not a time for small measures. This
1950, which authorizes the President to or mortgages and help with our mass is a time to be bold, to be aggressive. A
strengthen domestic manufacturing ca- transit systems. There are many single $1,000 check would help people
pacity and supply in extraordinary cir- things, and the Democrats are going to pay their landlords in March, but what
cumstances. It is used in times of war, fight for them in the next phase of the happens after that? How do they pay
and we must mobilize as if it were a response, but the priorities I men- their rent in April when their offices or
time of war when it comes to hos- tioned are key: public health capacity, restaurants or stores are still closed
pitals—beds, supplies, equipment. The unemployment insurance, paid sick for business? How about May? How
DPA, the Defense Production Act, al- leave, and priority treatment for labor about June? The President has sug-
lows for the President to direct the in any bailout to industry. gested that this recession could last
production of private sector firms of On the public health capacity, as I through the summer. One thousand
critical manufactured goods to meet mentioned, we need masks; we need dollars gets used pretty quickly if you
urgent and national security needs. hospital beds; we need ventilators; and are unemployed. In contrast, expanded
The President should do so imme- we still need testing kits. So the Demo- unemployment insurance, beefed-up
diately. crats are proposing a Marshall Plan for unemployment insurance, covers you
A report came out today that the our public health infrastructure. The for a much longer time and would pro-
Army Corps of Engineers and FEMA sooner we act on it, the better. We also vide a much bigger safety net.
are ready and willing to participate in need to help in terms of public trans- This is the time to put tribalism
the response process. The Army Corps portation for our healthcare system. aside and acknowledge that this reces-
could build temporary hospitals with Tens of thousands of healthcare work- sion, if we allow it, will do real harm to
ers in New York City and in many Americans up and down the income
beds, but it still hasn’t received in-
other cities cannot get to their jobs— scale, and it will hurt Americans of all
struction from the White House, from
their very needed jobs—if there is no ages. So, if we are going to provide di-
the administration. I thank the men
public and mass transit. So a Marshall rect payments, they need to be bigger,
and women who are willing to be on
Plan for our public health infrastruc- more frequent, and more targeted. Mil-
the frontlines, combating the pan-
ture is what is needed now. It will pre- lionaires shouldn’t get them.
demic, but this kind of inexcusable ac-
vent the situation from getting even These are the kinds of issues that all
tion is maddening, infuriating, and
worse, and it will allow our ailing econ- parties are going to have to discuss—
must be rectified. Lives are at stake.
omy to begin to heal once we contain Democrats and Republicans in the
Public health infrastructure is the
this virus. House and Senate with the White
top priority because, if we can curb
Workers who get laid off or have House. The sooner we discuss them to-
this virus, the economy will get better. their hours cut to almost nothing need gether, the quicker we will be able to
We need to do things to help it, obvi- expanded unemployment insurance— move forward. Yet Leader MCCONNELL
ously, but if you ignore the public period. The Secretary of the Treasury announced yesterday that, in his plan
health crisis with regard to the equip- reportedly told Republican Senators to develop the next phase of legisla-
ment and infrastructure and personnel yesterday that unemployment could tion, Senate Republicans would sit
which is needed in many more numbers hit 20 percent. Unemployment insur- among themselves and then sit down
than we have ever seen, the economy ance is a nonnegotiable part of our re- with the administration and come up
will not get better. sponse to the coronavirus. with their own proposal before pre-
The legislation passed by the House With regard to paid sick leave, Sen- senting it to Senate Democrats, let
on Saturday—phase 2 of the ators MURRAY and GILLIBRAND have a alone to House Democrats. The process
coronavirus response—has a little bit paid sick leave policy to meet this cri- that Leader MCCONNELL has outlined
of this, and it must pass the Senate sis. It should be added to this part of for phase 3 legislation is too cum-
today. Unfortunately, first, we must the legislation. I think they will ask bersome, too partisan, and will take far
dispose of a Republican amendment for it in a unanimous consent request too long given the urgency and need for
that would make a condition of the bill or will offer an amendment to do so. If cooperation.
a requirement for the President to ter- it is not included in this part, it Secretary Mnuchin says he wants
minate military operations in Afghani- should, certainly, be included in the legislation passed by the end of the
stan. Yes, you heard me right. Our Re- next phase of legislation. week. The McConnell process will not
publican leadership has put on the There will be other items that we get us there. The phase 3 legislation
floor an amendment that would make a will have to address down the road. should be the product of a five-corners
condition of the bill a requirement that Certain industries are struggling—air- negotiation, that being with House and
the President terminate military oper- lines, hotels—but we must make sure Senate leaders—majority and minor-
ations in Afghanistan. that we prioritize public health and ity—plus the White House. That is the
In a time of national emergency, this workers over corporate bailouts. If way it has worked the best, the
Republican amendment is ridiculous—a there is going to be a discussion about quickest, and the fairest in the past. If
colossal waste of time. We probably a bailout, it must include workers’ pri- all parties are in the room from the
could have voted on this bill a day or orities and protections. The airlines get-go, the final product will be guar-
two ago if it had not been for the need are very important, for sure, as they anteed swift passage. The process Lead-
to have scheduled this amendment. I employ a lot of people. Many of us who er MCCONNELL outlines is far too remi-
am eager—we are all eager—to dis- fly back and forth to our States know niscent of the typical legislative proc-
patch this absurd Republican amend- of the good people who work as the pi- ess in the Congress—a process that far
ment and send this bill to the Presi- lots and the flight attendants and the too often results in delay and gridlock.
dent. For instance, it allows for the mechanics and the clerks and the tick- We can’t afford that right now.
free testing and treatment of the et takers. They are good, fine people. Leader MCCONNELL was right when
coronavirus, which is very much need- We want to make sure they are pro- he said that, in times of national emer-
ed. We can send this bill to the Presi- tected. One of the reasons—let’s not gency, we must shed our partisanship
dent and begin work on the next phase, forget—that many airlines are so short and rise to the occasion. So let’s begin
phase 3. of cash right now is that they have that way—Republicans and Democrats,
SSpencer on DSKBBXCHB2PROD with SENATE
As my colleagues know, Senate spent billions on stock buybacks, the House and Senate, Congress and
Democrats have already outlined sev- which is money they had to send out the White House. The best way to ad-
eral proposals for the next phase of leg- when they should have been saving it vance phase 3 legislation is to have a
islation, and the specifics have been for a rainy day for their workers and five-corners negotiation from the out-
made public. The proposal has four customers. That issue should be ad- set.
main priorities: public health capacity, dressed. I yield the floor.
unemployment insurance, paid sick A few of my Republican colleagues The PRESIDING OFFICER (Mr.
leave, and priority treatment for labor have proposed a onetime cash payment SASSE). The Republican whip.
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S1786 CONGRESSIONAL RECORD — SENATE March 18, 2020
CORONAVIRUS The cherry blossom trees are blooming. went on to make billions of dollars and
Mr. THUNE. Mr. President, here in There were mothers with young chil- then get a massive tax break in 2017.
the Senate, we are continuing to move dren, 3- and 4-year-old children, play- Right now, the airlines are asking for
forward with the next installment of ing on the grass, and it seemed like a $50 billion bailout, but they have
coronavirus relief legislation. I expect, just so idyllic, so perfect. It seemed spent almost $50 billion in stock
later today, we will pass the bill that like nothing could be wrong in Amer- buyouts over the last few years because
was passed by the House earlier, and ica. they were so profitable. And why did
we are looking beyond it to a third bill But, in fact, so much is wrong in they do stock buyouts? Because it in-
that will provide additional relief to America. Our everyday rhythm of life creased the value of the stock options
the American people. has been shattered. We are facing a of the corporate executives in that in-
As the leader has said, we have three medical pandemic and an economic col- dustry.
priorities: providing direct assistance lapse: K–12 schools, closed; univer- This is a version of private gain and
to American workers and families, sities, shut down; grocery stores, public pain. When a business says,
many whose lives have been disrupted empty; restaurants, locked; gyms, ‘‘During the good times I will keep all
and dislocated in jobs, who are feeling movie theaters, music venues, closed that money; thank you very much for
a lot of economic harm, economic pain; for business. not charging me any taxes to maintain
giving our economy, especially our The reverberations of so many core our infrastructure or our military or
small businesses, the necessary support businesses and core retail being shut our medical care system, and then,
with which to weather the storm; and are affecting virtually every family when we hit a hard time, we will ask to
most importantly, providing medical and every small business across this be bailed out’’—so we will have con-
professionals with the resources they country. So many forms of commerce versations about that strategy for big
need in order to fight this virus. The are grinding to a halt. The economy is business.
House bill addresses these priorities to imploding, and it is touching the work- How about, instead, we focus on the
some degree, but it is not a comprehen- ers and it is touching those small busi- families and the pain they are feeling,
sive bill, and additional legislation is nesses. Workers are experiencing the and focus on the small businesses and
going to be needed. reality of reduced hours, lost shifts, the challenges they are facing?
We especially need to ensure that the layoffs; and they don’t know when they We need a Main Street recovery, not
worker benefit requirements the House are going to be able to pick up that a Wall Street bailout. We need an econ-
bill places on small businesses are ac- work again. omy rebuilt from the bottom up, not
companied by sufficient support. Small Then, they are not sure how they are from Wall Street down—small busi-
businesses are at the most risk eco- going to pay their utilities. How are nesses, like Bargaritas, a small Mexi-
nomically during this time, and we they going to pay their rent? How are can restaurant in Ontario, OR. It is a
need to ensure they have the resources they going to pay their mortgage? And great place for people to gather for a
they need to get through this. I am when will America and the economy meal, and unlike nearby fast food res-
looking forward to continuing to work start to heal, and when will they be taurants, they aren’t known for their
with my colleagues of both parties on able to go back to work? takeout.
the House bill and on additional legis- So the American people are anxious But to combat the virus, the State of
lation. and worried, rightly, about the threat Oregon has shut down sit-down res-
This is a time for all of us to come of the disease and worried, rightly, taurants and asked them to go to take-
together to ensure that medical profes- about the collapse of the economy. out only. Well, that is taking a toll on
sionals, American businesses, and Coronavirus is marching on America. Bargaritas. When a couple came re-
American families have what they need As of yesterday—or, actually, as of this cently in the door and sat down for a
to combat the coronavirus and to deal morning—we have almost 6,000 cases meal, the restaurant staff had to ex-
with its effects. I can’t think of a time here in our United States of America— plain that they could make their meal
at which we have seen schools and 5,881 cases as of this moment. Compare for them, but they would have to make
businesses close on such a mass scale. that to a week ago. We are talking it to go. The couple got up, and they
It is a challenging time for our coun- about 1,200 cases a week ago. That is a didn’t order to go. They walked out the
try, but if we pull together, we can get five-fold increase in a week. door.
through this and come out even strong- We now have more than 50 States af- The owner of Bargaritas notes that
er. fected—all the States, Puerto Rico, they are just struggling to keep their
All of us have roles to play in com- Guam, and the U.S. Virgin Islands. restaurant open, that business is not
bating this virus—washing our hands Then, we can ponder the fact that the coming in enough to pay the workers.
regularly and thoroughly, practicing number of deaths has gone up—51 So if things don’t pick up quickly, he is
social distancing, staying at home as deaths compared to in the thirties a going to have to close and ask his em-
much as possible, listening to advice week ago. ployees to file for unemployment.
from healthcare officials. All of these So the coronavirus is marching on Or how about the Paddington family
things are essential to our flattening America and marching on the econ- of stores in Ashland, OR, in business
the curve and limiting the number of omy. It is a double hammer affecting since 1973? In recent years they have
infected Americans. families and small business, and it is endured all kinds of challenges, includ-
It is vital that we keep as many peo- particularly appropriate at this mo- ing a couple of summers in which wild-
ple as possible from getting infected so ment to share with all of you the sto- fire smoke created major challenges
that our hospitals and medical profes- ries of small businesses in my home for the businesses in Ashland, OR. But
sionals are not overwhelmed with State that are being impacted. things were looking pretty good this
cases. Our medical professionals are More than 40 businesses sent in their year. Business was going OK.
putting their lives on the line every stories, and I am going to share 6 or 7 Now, however, the owner says they
day to care for coronavirus patients. of those stories. But as we think about ‘‘felt [their] world crumble in March
Let’s make sure we do everything we how we proceed, we need to recognize with the threat of the coronavirus
can to keep the number of cases they that this recovery needs to be one changing our world.’’ They have laid
are dealing with as low as possible. where we invest in the foundation of off eight staff members just this week.
In difficult times, Americans rise to our economy, we invest in the families, That is 30 percent of their staff. In a
SSpencer on DSKBBXCHB2PROD with SENATE
the occasion, and I am confident that we invest with sick leave, we invest single day, their sales dropped 50 per-
is what we will do again. with unemployment insurance, we in- cent. As things are going now, they
I yield the floor. vest by covering the health costs of will need to lay off more staff within
The PRESIDING OFFICER. The Sen- getting tests and the cost of getting the next few weeks if the business cli-
ator from Oregon. treatment, and we invest in our small mate does not change.
Mr. MERKLEY. Mr. President, I businesses. And the story is much the same for
walked outside across the Capitol Not so long ago we had a bailout that the retailers throughout the town of
grounds, and it is such a beautiful day. favored big business, and big business Ashland, OR.
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1787
The story is similar in Portland, as well this has had a spiraling effect on our Democratic leadership. Why is this
where Betsy and Iya, a company that ability to pay for bills, insurance, mortgages Chamber not acting?
has designed and manufactured jewelry and to take care of our families. Then we must immediately go to this
for the past 12 years and regularly em- Amy Baker is the owner of Thread broader strategy—the stimulus to sup-
ploys about 17 workers, had to Bare Press in Eugene, and she notes: port our economy through this collapse
downsize. They had to ask three of My screen printing business relies pri- to try to keep the collapse from being
their workers to be let go. marily on schools, restaurants and events to as severe and shortening the period be-
This is a business that has gone out keep our T-shirt presses running. On Friday fore it can be restored. That period is
March 13th as the stock market tanked and
of its way to promote other local busi- going to depend a lot on how successful
major cultural centers shut down across the
nesses, but sales have dropped off very country, I saw a third of our monthly rev- we are at interrupting the course of
quickly. I would presume that in this enue vanish in one day. In the five days this disease. That is why this is so im-
sense of crisis, families are buying es- since, my email inbox has remained empty portant—social distancing is so impor-
sentials, and that means those in the as our client base struggles to shore up their tant. We have to stop the disease from
jewelry industry are seeing their sales expenses. I have laid off half of my six staff moving from one person to another.
drop. The sales have dropped very this week and have let the rest know that The disease is on the march against
quickly, and they are seeing the virus’s next week they will temporarily not have a America, and we have to interrupt it.
job. It’s hard to feel like so many people de-
huge economic impacts, and they are We have to bring it to a standstill.
pend on me for their paychecks, let alone my
expecting to have to lay off more peo- own children that depend on me for our own
Meanwhile, we have to help those
ple soon, and they are looking for help. livelihood. I have helped my staff apply for families and businesses being so pro-
Ultrazone Laser Tag—now, you unemployment, but there is no unemploy- foundly affected across America. Let’s
might think that, with folks being out ment for business owners. We are a small rebuild this economy from the bottom
of work, they might go to a place to business that essentially lives week to week up, paying attention to the impact on
get some exercise and have some recre- based on our clients. In a perfect world there families and the impact on our small
ation, and a sense of separation might would be money to pay my staff paid leave or businesses. As John F. Kennedy once
savings to sustain myself while we close our put it, ‘‘In a time of domestic crisis,
be OK. Maybe laser tag would see an
doors for what I estimate to be a month.
upsurge in sales—not the case. Lee However, we are not in that position. What
men of goodwill and generosity should
Sturman, of Ultrazone Laser Tag, in I’m hoping for is to ride out this storm with be able to unite regardless of party or
Milwaukie says: forgiveness on my own bills and expenses politics.’’ That is what we did after 9/
My name is Lee Sturman, and I am the that will not get paid next month. I’ll need 11. That is exactly what must happen
owner of Ultrazone Laser Tag, a family en- emergency, low interest capital to get back today.
tertainment center Located in Milwaukie, to work and bring my staff back on. Let us not be moved by the powerful
Oregon. As the founder, I have successfully Then we have all of our State’s music and the wealthy to give yet more
operated for 26 years. During this time, like venues, like Mississippi Studios and wealth and power to them. Let us be
all small business owners, I have battled the historic Liberty Theater in Astoria moved by the fact that we are all
competitors and overcome other challenging and the Ashland Shakespeare Festival Americans in this together. Let us tend
obstacles. On a level playing field, I have in Ashland. All of them are in danger
managed to survive and thrive. But, unfortu- to the fundamental needs of healthcare
nately, my business has been upended by an
of going out of business. With social and housing and education and, most
invasion of tiny microbes. COVID–19 has distancing and prohibitions on large importantly, good jobs as those jobs
struck fast and struck hard. In a matter of gatherings and a sudden cancellation of disappear across America.
two weeks, Ultrazone has gone from busy musical acts, the venues are experi- Let’s pay attention and work to-
crowds to near emptiness. encing a sudden and total loss of in- gether to shore up small businesses
Steve and Kristi Ball operate Basin come. with low-interest loans and with grants
Indoor Gardening in Klamath Falls, Those stories are representative of to see them and their employees
OR. In response to the Klamath County things happening all over my State and through this difficult time.
Chamber of Commerce collecting sto- I know in every State of the United The PRESIDING OFFICER. The Sen-
ries of the financial impact that States of America. The economy is im- ator from West Virginia.
COVID–19 is having on local businesses, ploding, and with each and every small f
they submitted the following and ap- business that can’t pay its bills, it af-
fects other small businesses and other CORONAVIRUS
preciate the opportunity to share, and
I appreciate the fact that they re- larger businesses. It affects those who Mr. MANCHIN. Mr. President, thank
sponded and are sharing. Steve and have rental housing and those who you. I want to thank my colleague
Kristi note: have mortgages. All of us are going to from Oregon for his big heart and his
[They have] owned a small retail business be touched. compassion, continually always wor-
in downtown Klamath Falls for nearly 11 That is why it is going to be so im- rying about those being left behind and
years so have experience with seasonal fluc- portant that we turn to this third stage forgotten. I can assure you that Mr.
tuations and customer trends that affect the of response by the U.S. Senate. The MERKLEY does not leave anybody be-
cash flow and overall revenues of my store. first stage was to shore up the hind, and he never forgets those who
Things have been shockingly slow since the healthcare industry. The second stage are in need of help.
beginning of March but especially this last was some immediate help with sick Let me just say, in speaking about
week where customer traffic has almost leave and unemployment insurance and what we are dealing with, unlike any-
halted. Based on last years total for March
and daily sales compared to this years same
food assistance and free testing for the thing we have ever seen in my lifetime
time frame my store gross sales are down to coronavirus. That bill inexplicably has and most people’s lifetimes, up until a
about 36% of normal, indicating 64% loss in been sitting untended in this Chamber. couple days ago, my State of West Vir-
revenues. I hope this is a short lived situa- Why aren’t all 100 of us here debating ginia felt like we were immune. There
tion and business can go back to what is nor- it before the American people and vot- were no cases reported, and we were
mal, more than a month like this will force ing on it? like an island in a sea of infestation
some difficult decisions for the future of my I am told now that maybe, possibly, around us. I knew that was not the
store. the bill may come to the floor this case. Many people did not know that
April Severson of Portland writes: afternoon; that some deal will be we were just not testing and the
I’ve owned my event production company worked out. Wouldn’t it be better that amount of tests were just not out
SSpencer on DSKBBXCHB2PROD with SENATE
for 20-years. My business has always had it’s we actually be on the floor talking there, so people had a false sense of
ups and downs but this is the first time I’ve about it, discussing it, and voting on hope and security.
had all of my contracts cancelled. I am the amendments, if necessary? In a perfect That has been shattered. We have our
sole employee of my company however, my
world, I would like to pass it just the first case now. I am praying to the
cancelled contracts have also cancelled the
work for my associates and vendors in audio- way the House sent it to us and get it good Lord we don’t have many more,
visual, entertainment, decor, furniture rent- into law immediately. The President but I suspect because of the fragility of
als, floral and catering. Since most of my has signed on, the House has signed on. our citizens and the elderly population
vendors are small and emerging businesses You have Republican leadership and that we have, those who have done
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S1788 CONGRESSIONAL RECORD — SENATE March 18, 2020
hard work all their lives and have res- out there earning it every day. Don’t the population of the State of West
piratory ailments could be in jeopardy. you think we could help them more Virginia if we are not careful with
We are very concerned about that. through expanded unemployment bene- what we do.
I was reluctant to come and speak, fits, working through the system that We can also change the course of how
but I think there are some things that we already have in place in all of our we do business and how we look after
need to be said. We are moving in an States and in this country? Don’t you each other in America. This situation
unprecedented way to how much think that might be a better way? is asking all of us and challenging
money should be thrown at a pandemic How about the small businesses that every one of us to look to humanity
and how much money do they believe it are not capitalized to the point that with compassion and to bring us to-
will take to get us through this hor- they have no ability whatsoever to gether as a people. The American peo-
rible time. First of all, we should be continue to operate when there is no ple are a most generous, caring, and
thinking about are we investing and capital or cashflow or reserves to take compassionate people. West Virginians
trying to build our healthcare defense care of themselves? Don’t you think we treat everybody as their neighbors.
system back up? It has been basically can help them through the SBA by re- That is who we are. We must take care
decimated over the last 2 or 3 years. moving the restrictions and redtape we of our neighbors and reach out and help
Should we not put the scientists and have? Unemployment benefits: Basi- those in need.
people who know back in positions cally, waiving all the wait times, in- Right now, we have a situation where
where they can be looking at these hor- creasing that to a $500-a-week limit? I am concerned. I am concerned that
rible illnesses and diseases, pandemics, Things of that sort would help, don’t all of us have not done our job as well
and viruses that we have coming from you think? as we could have, and we are just
different parts of the world to protect The large corporations, which I know throwing caution to the wind, thinking
us from them hitting our country everyone is concerned about, got one we can make everybody happy with
again like this? tremendous tax break. That being said, this political coverage because we are
Next of all, should we not be putting they will come back. They can afford going to be throwing money at every-
everything we have into our research to pay back a loan at zero percent in- thing, thinking this will take care of
capabilities and working with all the terest, if you will, helping in some way it. It will not. It will not unless we deal
scientists in all the different centers so to keep that part of the economy stim- with the root problems we have. That
that we can find a way to treat this ulated but not to the point where we means fixing our manufacturing base,
virus with a vaccine that would pre- are putting our children and grand- taking care of Americans, making sure
vent people from contracting this children into a debt that we can people who can’t work and who have no
virus? Those are the measures we avoid—but not being compassionate other recourse, basically have no con-
should be totally and absolutely com- and sympathetic toward those who trol of their destiny—basically provide
mitted to and spending our time and really need it on the frontline, which is the services. That means the jobs have
effort immediately upon. the average working person who gets to be there to meet the demand. We cut
Next of all, the financial help that we up every day and finds out there is no most of that out. Let’s make sure we
are going to need. First of all, don’t work for them. They are already on un- can take care of them and do that
you think we should be using this— employment. They are in the system. without bankrupting our future gen-
through every challenge that we have Also, the small businesses are strug- erations. I think it can be done.
ever had in this great country, we have gling. They are there. I will say this. I spoke to Vice Presi-
found a way to come out of it bigger We are to the point now where we are dent MIKE PENCE last night and told
and stronger. Don’t you think we going to bite off a lot more, and we are him the dire need we were in. I said:
should be manufacturing the medical going to write checks that our children Mr. Vice President, I know the people
devices that we need to heal and cure can’t cash. That is exactly what we are are thinking that West Virginia has
and take care of American citizens doing, if we are not smart about this. It been spared. We have not. We haven’t
right here in the good old USA? Don’t seems that everyone is gathering been tested. We need more test kits.
you think we should have the amount around now for whatever type of cover. We need more protection for our first
of products it takes to make the phar- I am not sitting here blaming the responders. We need respirators and
maceutical pills that we need in order President or blaming any administra- ventilators. We need the tents and
to keep us healthy or cure us, if you tion or anybody else for what we didn’t first-tier operations. We are not in a
will? Don’t you think some of that do 2 or 3 or 4 months ago. I am asking second tier. We are too vulnerable to be
should be done in the USA that we now: Are we going to take responsi- in that second tier. If you want to stop
have allowed to leave our shores and bility for what we are about to do that the carnage that could happen if this
which now we find is desperately need- doesn’t make any sense whatsoever? thing breaks loose in my State full-
ed? Don’t you think we should be mak- With that being said, let’s make sure fledged, then please help us.
ing the medical masks to protect our that the money we are putting in the I want to thank the Vice President
first responders and all of our medical system is fixing the medical end of it, for basically reaching out and helping
workers whom we need to have on the finding a cure for this virus, making West Virginia. We are going to get
job? Those are the things we are wor- sure that other viruses or pandemics through this. There will be a light at
ried about from the fallout that can don’t attack us. Let’s make sure we are the end of the tunnel. There will be a
come from this horrific pandemic. It doing everything we can with what we new day. We will have a chance to
gives us a chance to reconnect and also are responsible for. right the problems we have right now
a way to correct the lackadaisical ap- Every leader takes an oath of office. that have been of our own making, and
proach we have had to manufacturing When you raise your hand, whether you we can correct them by our own ac-
over the years. This is a time for are a mayor or Governor or President, tions right now.
change. whatever, you should be thinking im- I want to thank you, Mr. President. I
Let me throw something else out. I mediately upon taking that oath, what hope all our colleagues are working in
don’t think that you and I need a $1,000 can I do to protect the people I am re- a bipartisan way. We should be work-
check. I don’t think we need that. I sponsible to represent? If you can’t do ing together. There are few times this
think there are an awful lot of people that, then you are going into the wrong opportunity comes. In a political
in America who still have a job, even if job with the wrong ideas, I can assure arena, there are two things that hap-
SSpencer on DSKBBXCHB2PROD with SENATE
they are working from home, and that you of that. pen. You better never ever take advan-
basically is not going to change their I am saying that I have the most at- tage of a crisis, and make something
life with that $1,000 check. Think about risk population in the country. It is an better happen. That is what we are
the people who truly do need that older population that has done heavy dealing with now.
check and a lot more—people on the lifting and heavy jobs and basically has It is a mandate. People are man-
frontline who have no control of this respiratory concerns and ailments. dating us to do our job. They are man-
whatsoever, that don’t have a guaran- They are the most vulnerable, and this dating us to work together, not to be
teed source of income unless they are pandemic can take a horrific toll on irresponsible or act like we are not in
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1789
touch with the average person. We are be taken. But for today, get on with tion of diseases beyond our control
because that is whom we represent. this. Get on with passing this bill and paralyzes us with fear.
I yield the floor. getting ready to move to the next bill. People have forgotten what it is like
The PRESIDING OFFICER. The Sen- Those in need of healthcare and citi- to experience the annual dread of re-
ator from Oregon. zens struggling to make it through curring infectious disease. My parents
f these unprecedented times want action remember vividly the polio pandemics
now. They all realize that there will be of the 1950s. In one of the last great
CORONAVIRUS
several additional pieces of legisla- outbreaks of polio, before the vaccine,
Mr. WYDEN. Mr. President, shortly, tion—hopefully sooner rather than almost 60,000 people contracted polio
the Senate will vote on the Paul later—but our job today is to make and over 3,100 died. Jonas Salk was
amendment, and I want this body to sure we pass this bill. greeted as a conquering hero for devel-
understand why I strongly oppose it. I urge my colleagues, when we vote oping the first widespread polio vac-
The Paul amendment, in its essence, on the Paul amendment very shortly, cine, but that was nearly 70 years ago.
has nothing to do with the underlying to oppose it. In the early 18th century, Dr. Zabdiel
proposal responding to this enormous I yield the floor. Boylston showed great courage in in-
COVID–19 crisis. The Paul amendment The PRESIDING OFFICER. The Sen- troducing inoculation for smallpox.
is a poison pill that essentially focuses ator from Kentucky. Within a generation, smallpox was on
on an old political issue that this body Mr. PAUL. Mr. President, I rise in the wane and ultimately defeated when
has debated before and very likely is support of my amendment to pay for Edward Jenner discovered how to vac-
going to debate again. I just don’t be- this economic stimulus package by re- cinate using the milder cowpox.
lieve the Paul amendment has any moving less important spending from This latest pandemic already has he-
place in a debate on an emergency elsewhere in the budget. roes—some known, but most of these
coronavirus bill. I would ask every American: If you heroes are unknown doctors and nurses
Every Member of this Senate under- were faced with a personal crisis and on the frontlines. The innovators
stands our country is facing and deal- had to spend extra money and you had among us are already putting forth po-
ing with a national health and eco- to spend extra money on food and med- tential treatments and possible cures.
nomic crisis. The country wants us to icine—money that you had to borrow A half dozen antiviral medications are
focus like a laser on emergency meas- from a relative—wouldn’t you in the final stages of study. Research-
ures that can help save lives and keep prioritize your resources and imme- ers believe that an old drug developed
families from falling into destitution. diately stop loaning money to friends for malaria may help. Reports indicate
The Paul amendment says, in effect, overseas for their children to go to, for that scientists will likely set a speed
that immigrant families with kids are example, space camp? Wouldn’t you record in developing a vaccine.
going to pay for the emergency with stop funding clown colleges in Argen- Now is not the time for malaise; now
their kids’ well-being. These families, tina? If you had a true emergency like is the time for optimism. By summer,
like so many others, are especially vul- this pandemic, wouldn’t you stop build- there is a very good chance we will be
nerable at this moment. It is just ing roads and gas stations in Pakistan? in the recovery phase. Now is not the
wrong to bring misery into their If you had a true emergency like this time to give in.
homes. corona pandemic, wouldn’t you imme- Several generations have grown up
I would just ask my colleagues to diately stop spending money studying unfamiliar with the devastation of
save the immigration debates for an- why drunk people fall down more than pandemics, and even now, when it is
other time when we are not in the mid- sober people? impossible to look the other way, the
dle of a pandemic. Today, the focus is I ask my colleagues to stop wasting young and healthy rationalize their
about that pandemic and acting in an money in this time of crisis. Stop being relative safety. Psychologically, it is
emergency, where we come together, a rubberstamp for wasteful spending. easier for the young and healthy to
both political parties, both sides of the Do your jobs and prioritize our pre- view mortality as something that hap-
aisle. When you are dealing with this cious resources. It is our job and our pens to the old and unhealthy.
kind of pandemic, your focus is helping responsibility to conserve these re- Coronavirus scares us because it kills
families and workers, small businesses, sources. not only the old and infirm but the
and all of those people who are walking Why is this important? Why young and vibrant, although much less
on an economic tightrope. They are not shouldn’t we just print or borrow the frequently. One of the coronavirus’s
getting paychecks, is what we are hear- money instead of making cuts in first victims was a 32-year-old, pre-
ing, and they are trying to figure out things like foreign aid? Because next viously healthy ophthalmologist in
how to pay the rent. If they pay the time, maybe in the not too distant fu- Wuhan.
rent, do they have money for food? If ture, our children may not even be able The question is not how serious is the
they have money for food, what do to borrow their way out of a crisis. Our pandemic or whether we should act but
they do about out-of-pocket dollar will be devalued, our economy whether there is a plan of action that
healthcare? Folks want our support ruined, and all because we will have can preserve our economy and lead to a
with those survival issues. been profligate fools with our re- quick rebound.
On the Finance Committee—I am sources; all because we refused to do I don’t think anyone will ever know
very pleased to see the distinguished what we were elected to do, which is to for certain whether grinding the U.S.
President of this body working with us prioritize the truly vital, such as economy to a halt was necessary. Like-
on the Finance Committee. What we coronavirus relief and medical re- wise, no one can really know the con-
have tried to do is focus on modern- search, over the extraneous, such as verse—what would have happened had
izing unemployment insurance. I have spending money on clown colleges, gas we not attempted to slow the virus’s
said to my colleagues: Let’s just face stations, and roads in Afghanistan. spread. It is useful, though, to remem-
it—unemployment is a system that has To my fellow Americans, remain ber that just 10 years ago, we suffered
been in a time warp. hopeful, remain kind, remain faithful, the swine flu pandemic, and the swine
I think we have a very important and above all, remain resilient. In the flu was no walk in the park. It is esti-
proposal that is going to help an enor- world’s history, pandemics are the mated that about 60 million Americans
mous number of people from sea to norm, not the exception. It is only re- were infected and over 12,000 people
SSpencer on DSKBBXCHB2PROD with SENATE
shining sea. We need to do so much cently—in the modern era of anti- died.
right now, particularly in terms of sav- biotics and vaccines—that pandemics Now experts have said that the
ing lives and getting healthcare to our have become less frequent. coronavirus is much more lethal than
people. Ever since vaccines eradicated polio the swine flu—likely true—but world-
What I hear from home is people who and smallpox, modern man has become wide deaths from the swine flu were es-
are following this are saying: There is accustomed to the idea that life is rel- timated to be between 150,000 and
so much to do. Act now, then get on atively safe and that a long life is to be 575,000. When calm returns, it will be
with the additional steps that have to expected. Consequently, any re-erup- helpful to examine how our responses
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S1790 CONGRESSIONAL RECORD — SENATE March 18, 2020
differed between the swine flu and the the waste, and then we have an emer- (Purpose: To amend the Internal Revenue
coronavirus. gency, and they say: Let’s just borrow Code of 1986 to require a social security
At one time, we were completely more money. Instead, what we should number for purposes of the child tax credit,
helpless before the ravages of natural to provide the President the authority to
do is we should actually take money
transfer funds as necessary, and to termi-
disasters, such as infectious diseases, that is unwisely spent and move it over nate United States military operations and
but our history is one of great innova- to account for this emergency. reconstruction activities in Afghanistan)
tion and perseverance. We will survive What I am offering is a very reason-
At the appropriate place, insert the fol-
this pandemic. What government does able proposal. We simply pay for this lowing:
to mitigate the calamity should be emergency bill by taking money from
short-lived, temporary, and cause as SEC. lll. SOCIAL SECURITY NUMBER REQUIRE-
other areas of waste in the budget. MENT FOR CHILD TAX CREDIT.
little distortion to the free market I yield the floor.
economy as possible. The PRESIDING OFFICER. The ma- (a) IN GENERAL.—Paragraph (1) of section
The history of pandemics indicates a 24(e) of the Internal Revenue Code of 1986 is
jority leader. amended to read as follows:
strong likelihood that the peak of in- ‘‘(1) SOCIAL SECURITY NUMBER REQUIRED.—
f
fections and mortality could pass in a No credit shall be allowed under this section
few weeks to a few months. Congress ORDER OF PROCEDURE to a taxpayer with respect to any qualifying
should remain calm and try not to ex- child unless the taxpayer includes the social
plode the debt in our response. Mr. MCCONNELL. Mr. President, I security number of such child on the return
The public should know that Con- ask unanimous consent that the Sen- of tax for the taxable year. For purposes of
gress has already enacted reforms that ate proceed to the immediate consider- the preceding sentence, the term ‘social se-
will free up millions of industrial ation of H.R. 6201; further, that the curity number’ means a social security num-
only amendments in order be amend- ber issued to an individual by the Social Se-
masks to be used by our doctors and
ments to be offered by Senators PAUL, curity Administration, but only if the social
nurses. Thoughtful sequestration and security number is issued—
quarantining is in place and helping. In JOHNSON, and MURRAY or their des-
‘‘(A) to a citizen of the United States or
addition, I have introduced legislation ignees, the text of which are at the
pursuant to subclause (I) (or that portion of
to allow our university labs and ad- desk; further, that at 12:10 p.m., the subclause (III) that relates to subclause (I))
vanced private labs to be able to de- Senate vote on the Paul amendment of section 205(c)(2)(B)(i) of the Social Secu-
velop additional testing for subject to a 60-affirmative vote thresh- rity Act, and
coronavirus and possible cures by re- old for adoption; further, that fol- ‘‘(B) before the due date for such return.’’.
moving redtape at the FDA. lowing the disposition of the Paul (b) CONFORMING AMENDMENTS.—
I do worry, though, that as we go fur- amendment, the time until 2 p.m. be (1) Subsection (h) of section 24 of such Code
ther into debt, we may reach a point equally divided between the two lead- is amended—
ers or their designees and that at 2 (A) by striking ‘‘paragraph (7)’’ in para-
where our debt is so large that we are graph (4)(C) and inserting ‘‘subsection
unable to manage the next pandemic. p.m., the Senate vote on the Murray
(e)(1)’’,
We should never forget fiscal responsi- and Johnson amendments, in the order (B) by striking paragraph (7), and
bility, even in a crisis. We should pay listed, with a 60-affirmative-vote (C) by striking ‘‘(2) through (7)’’ in para-
for any new Federal funding by taking threshold for adoption of each; further, graph (1) and inserting ‘‘(2) through (6)’’.
that money from areas of the budget that upon disposition of these amend- (2) Section 6213(g)(2)(I) of such Code is
where it is not being wisely used. My ments, the bill as amended, if amended, amended by striking ‘‘TIN’’ and inserting
amendment does just that. be read a third time and the Senate ‘‘social security number’’.
My amendment says that if you want vote on passage of the bill with a 60-af- (c) EFFECTIVE DATE.—The amendments
to apply for money from the govern- firmative-vote threshold for passage; made by this section shall apply to taxable
finally, that if passed, the motion to years beginning after the date of the enact-
ment through the child tax credit pro- ment of this Act.
gram—this is money the government reconsider be considered made and laid
upon the table and that all votes be 30 SEC. lll. TRANSFER AUTHORITY.
gives to people—then you have to be a
legitimate person and you have to have minutes in length. (a) IN GENERAL.—Notwithstanding any
a Social Security number. We have The PRESIDING OFFICER. Is there other provision of law, the President may
been talking about this reform for a objection? transfer, as necessary and without limita-
Without objection, it is so ordered. tion, amounts from any account in the
decade now, and we never seem to be Treasury to any other account in the Treas-
able to get it passed. It has nothing to f ury being used for the purpose of combating,
do with not liking immigrants; it has addressing, or ameliorating the coronavirus
to do with saying taxpayer money LEGISLATIVE SESSION pandemic.
shouldn’t go to nonpeople. You should (b) CONGRESSIONAL NOTIFICATION.—The
have to be a person to get taxpayer President shall submit to Congress, on each
money. It just says you have to have a FAMILIES FIRST CORONAVIRUS of the following dates, a notification detail-
Social Security number. People esti- RESPONSE ACT ing each transfer made under subsection (a)
mate this will save $26 billion. That during the time period preceding the notifi-
The PRESIDING OFFICER. The cation:
goes a long way toward paying for this clerk will report the bill by title. (1) July 1, 2020.
bill. The senior assistant legislative clerk (2) October 1, 2020.
I think we should also end the war in read as follows: (3) January 1, 2021.
Afghanistan. We are spending $50 bil- (c) EXPIRATION.—The transfer authority in
A bill (H.R. 6201) making emergency sup-
lion a year on that war. And it is most- subsection (a) shall expire on December 31,
plemental appropriations for the fiscal year
ly not to fight war. It is to build stuff ending September 30, 2020, and for other pur- 2020.
for them. It is to build infrastructure poses. SEC. lll. TERMINATION OF UNITED STATES
for them. We have a lot of problems MILITARY OPERATIONS AND RECON-
The PRESIDING OFFICER. The Sen-
with infrastructure in our own country STRUCTION ACTIVITIES IN AFGHANI-
ator from Kentucky. STAN.
without spending $50 billion a year in
AMENDMENT NO. 1556
Afghanistan. (a) TERMINATION.—Military operations of
If we have a true emergency now, it Mr. PAUL. Mr. President, I call up the United States Armed Forces and recon-
is our job to prioritize, to take that my amendment No. 1556 and ask that struction activities of the United States
be it reported by number. Government in Afghanistan are hereby ter-
SSpencer on DSKBBXCHB2PROD with SENATE
money from where it is not being spent
The PRESIDING OFFICER. The minated.
wisely and spend it on something we
need at the moment. clerk will report the amendment by (b) DEADLINE FOR COMPLETE CESSATION.—
number. Not later than December 31, 2020—
My bill also allows the President to
The legislative clerk read as follows: (1) all United States Armed Forces shall be
look throughout the budget and trans- removed from Afghanistan; and
fer money from any other wasteful The Senator from Kentucky [Mr. PAUL] (2) all reconstruction activities of the
areas. If you look at our budget, it is proposes an amendment numbered 1556. United States Government in Afghanistan
loaded with waste. Nobody ever culls The amendment is as follows: shall be wound up.
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1791
(c) PROHIBITION ON USE OF FUNDS.—Appro- CORONAVIRUS and volunteers are partnering with
priated funds may not be obligated or ex- Ms. HASSAN. Mr. President, Granite local schools in New Hampshire to
pended in connection with military oper- Staters are known for our all-hands-on- combat food insecurity in their com-
ations and reconstruction activities de- deck spirit—coming together in dif- munities. One school district held a
scribed in subsection (a) after December 31,
2020.
ficult times to support our friends and food drive over the weekend with a
Mr. PAUL. I ask for the yeas and neighbors. local nonprofit. They were concerned
nays. The COVID–19 pandemic has forced that given the last-minute nature of
The PRESIDING OFFICER. Is there a us all to change our daily routines and the event, there would be low partici-
sufficient second? adjust to new challenges; however, one pation. To their surprise, the school re-
There appears to be a sufficient sec- thing that has not changed throughout ported that the community came out
ond. this public health emergency is the in droves to donate goods.
The yeas and nays were ordered. compassion and empathy we are seeing Stories like this are abundant in
The PRESIDING OFFICER (Mrs. from people all across our State. communities across my State, and I
LOEFFLER). The Senator from Ken- Every month, I recognize a person or am immensely proud of how people
tucky is recognized. a group of people in New Hampshire across New Hampshire have come to-
Mr. PAUL. Madam President, I ask who have gone above and beyond to gether to respond to this public health
unanimous consent that the votes help their community. I recognize emergency.
scheduled at 12:10 p.m. be allowed to them as the Granite Stater of the In the coming weeks and months, it
begin now. Month. But this month, I couldn’t will be even more important that Gran-
The PRESIDING OFFICER. Is there choose just one person and, instead, ite Staters and all Americans lean on
objection? wish to recognize all Granite Staters one another for support. I encourage
Without objection, it is so ordered. for coming together to try to slow the everyone to reach out to your neigh-
The question is on agreeing to the spread of this virus and to help those in bors, especially those at higher risk, to
Paul amendment. need. see what you can do to help. If you
The yeas and nays were ordered. All across New Hampshire, people are have an older neighbor, see if they need
The clerk will call the roll. taking commonsense steps, both to help picking up their groceries. If you
The senior assistant legislative clerk keep themselves healthy and to avoid know someone who is a medical profes-
called the roll. unknowingly passing along the virus to sional with young kids at home, ask if
Mr. THUNE. The following Senators others, particularly those who are at you can babysit.
are necessarily absent: the Senator high risk. This includes washing your Right now, it is important for people
from Colorado (Mr. GARDNER) and the hands thoroughly and for at least 20 to remember what we can all do to help
Senator from Florida (Mr. SCOTT). seconds and wiping down frequently contain the spread of this virus and
The PRESIDING OFFICER (Mr. ROM- touched surfaces, like cell phones and that we all have a role to play in doing
NEY). Are there any other Senators in door handles. It also means practicing so. In New Hampshire, we pull to-
the Chamber desiring to vote? social distancing by going out in public gether, and we help one another to get
The result was announced—yeas 3, only when absolutely necessary and through challenging times, and I know
nays 95, as follows: keeping at least 6 feet between you and we can come together to slow the
[Rollcall Vote No. 73 Leg.] another person. spread of this virus.
YEAS—3
We have also seen that events people I yield the floor.
look forward to all year, like the Bos- The PRESIDING OFFICER. The Sen-
Braun Lee Paul
ton Marathon or St. Patrick’s Day fes- ator from Texas.
NAYS—95 tivities, have been canceled or post- Mr. CORNYN. Mr. President, as
Alexander Gillibrand Portman poned. People are following public healthcare professionals, first respond-
Baldwin Graham Reed health officials’ guidelines by staying ers, and communities across our coun-
Barrasso Grassley Risch
Bennet Harris at home and canceling long-awaited try work around the clock to fight the
Roberts
Blackburn Hassan Romney travel plans. spread of the coronavirus, our tele-
Blumenthal Hawley Rosen Taking these necessary measures is visions and news feeds have been filled
Blunt Heinrich Rounds hard and unpleasant, but it has been with a lot of numbers—the number of
Booker Hirono Rubio
Boozman Hoeven inspiring to see how many people are new cases reported each day, the rising
Sanders
Brown Hyde-Smith Sasse willing to make these sacrifices to pro- number of fatalities, unfortunately,
Burr Inhofe tect the public health. and the volatile ups and downs of the
Schatz
Cantwell Johnson
Capito Jones
Schumer Additionally, many people might stock market. All of this data paints a
Scott (SC) contract only mild symptoms from picture of the widening scope of this
Cardin Kaine
Shaheen
Carper Kennedy
Shelby
COVID–19, especially those who are outbreak on a national scale, but it
Casey King younger and in good health; however, fails to represent the impact it is hav-
Cassidy Klobuchar Sinema
Collins Lankford Smith it is heartening that so many of those ing on individuals and on small busi-
Coons Leahy Stabenow individuals recognize how important it nesses in our communities.
Sullivan
Cornyn Loeffler
Tester
is to protect others who might be at I think of people like Joe Kenney,
Cortez Masto Manchin
Cotton Markey Thune higher risk, like those over 60 or people who opened Cobbleheads Bar & Grill in
Cramer McConnell Tillis living with chronic health conditions. Brownsville, TX, nearly 25 years ago.
Crapo McSally Toomey As many Americans know, it is also Like other restaurant owners around
Cruz Menendez Udall
Van Hollen
crucial that we don’t overwhelm our the country, he is trying to adapt so he
Daines Merkley
Duckworth Moran Warner healthcare system and prevent an in- can keep his doors open while he fol-
Durbin Murkowski Warren flux of patients from crowding hos- lows guidelines from the Centers for
Enzi Murphy Whitehouse pitals, which could lead to a shortage Disease Control and Prevention. He
Ernst Murray Wicker
Wyden
of critical medical equipment and per- canceled the restaurant’s popular St.
Feinstein Perdue
Fischer Peters Young sonal protective gear. Collective ac- Patrick’s Day celebration and, instead,
tions, like staying home and mini- offered corned beef and cabbage as a
NOT VOTING—2
mizing interactions with others, will be takeout option, but he is nervous about
Gardner Scott (FL)
crucial in combating this public health just how long he can hold on and how
SSpencer on DSKBBXCHB2PROD with SENATE
The PRESIDING OFFICER. Under emergency. he will be able to stay afloat.
the previous order requiring 60 votes As people’s lives continue to experi- Joe said: ‘‘Shutting down two, three,
for the adoption of this amendment, ence disruption, I have been inspired to four weeks, you can leave 25 years on
the amendment was rejected. see such a tremendous outpouring of the table with what we put into this
The amendment (No. 1556) was re- support from people all across New place.’’
jected. Hampshire in an effort to help one an- Joe, to his credit, is especially, wor-
The PRESIDING OFFICER. The Sen- other during this very difficult time. ried about his more than 30 employees
ator from New Hampshire. For instance, nonprofits, food pantries, and what will happen to them.
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S1792 CONGRESSIONAL RECORD — SENATE March 18, 2020
This is a familiar story for countless first step toward bolstering our re- gently to develop a vaccine; to the first
small businesses and their employees— sponse in the early phases of commu- responders who are continuing to ex-
small businesses that are losing cus- nity spread, and now we are working to pose their own health for our safety; to
tomers through no fault of their own. address the larger impact this virus is the farmers and ranchers and producers
Erin Willis owns RM 12:20 Bistro in having on American workers, families, who are keeping us fed; to the grocery
northeast Dallas. When she heard and our economy. store employees who are restocking
Mayor Johnson’s announcement of lim- Soon, the Senate will take another shelves; and to the countless others
iting restaurants to takeout service, bipartisan step of providing support by who are leaving their homes and their
she said: ‘‘I just hope we can survive passing the Families First Coronavirus families each morning to keep us safe
this.’’ Response Act. This legislation will go a and healthy. We need to say thank you
Like Joe, Erin is mostly concerned long way in providing immediate relief to each of them. As these men and
about the well-being of her staff. Hour- for those who are struggling to make women continue doing everything they
ly workers, particularly those who rely ends meet during this challenging can to respond to the spread of the
on tips, are seeing fewer and fewer op- time. coronavirus, the Senate will do the
portunities to collect paychecks. Erin It creates a new Federal emergency same.
is rotating employees so that everyone paid sick leave program for those who I yield the floor.
can have some work, but the fears are impacted by the coronavirus. I suggest the absence of a quorum.
about how long this could last are real- Whether workers are diagnosed with The PRESIDING OFFICER. The
ly settling in. the virus or are caring for dependents clerk will call the roll.
She said: who are affected, they will be able to The legislative clerk proceeded to
The service industry is their livelihood. If take up to 10 days of paid sick leave, call the roll.
we all close, they literally have nothing. and many Texas workers will have ac- Mrs. MURRAY. Madam President, I
As more and more Americans are cess to 12 weeks of paid leave in order ask unanimous consent that the order
staying home, small businesses and to care for dependents because of for the quorum call be rescinded.
their employees are the hardest hit, coronavirus-related school closures. The PRESIDING OFFICER (Mrs.
but the impact does not end with them. This legislation makes important LOEFFLER). Without objection, it is so
The hard stop on large gatherings changes to unemployment insurance to ordered.
doesn’t just mean businesses, schools, ensure that Texans can take advantage AMENDMENT NO. 1559
and workplaces are shutting down; it of these benefits during this time of Mrs. MURRAY. Madam President, I
means vital community events, includ- uncertainty. call up amendment No. 1559, as pro-
ing things like blood drives, are being It also provides food security for vided for under the previous order.
canceled. Americans of all ages, from school- The PRESIDING OFFICER. The
Officials from the South Texas Blood children who rely on free lunches at clerk will report.
& Tissue Center said this has put their school to seniors who are unable to The legislative clerk read as follows:
community blood supply at risk of col- leave their homes, for every American The Senator from Washington [Mrs. MUR-
lapse, and while this isn’t related to deserves access to basic nutrition. RAY] proposes an amendment numbered 1559.
treating those who have been diag- This bill also makes coronavirus Mrs. MURRAY. Madam President, I
nosed with the coronavirus, it is vital testing free of charge for all Ameri- ask unanimous consent that the read-
to the ongoing, everyday work of our cans, and it includes a range of meas- ing be dispensed with.
healthcare system. Blood donations ures to support the healthcare profes- The PRESIDING OFFICER. Without
help people who lose blood during sionals who are literally on the objection, it is so ordered.
major surgeries or after having suf- frontlines of this fight. (The amendment is printed in today’s
fered traumatic injuries. They also I proudly support the bill, and I am RECORD under ‘‘Text of Amendments.’’)
help those who have chronic conditions eager to get it to the President for his Mrs. MURRAY. Madam President, I
and require occasional blood trans- signature. We shouldn’t delay in send- have been in the Senate during 9/11, for
fusions. ing it to his desk. We have been able to Hurricane Katrina, for the 2008 finan-
Hospitals and donation centers are come together and move two bills cial crisis, and I still have never expe-
taking every precaution to protect do- through Congress that support rienced anything like what we are see-
nors while they are fulfilling the need healthcare workers, neighbors, and ing today. These are truly extraor-
of blood donations, and I encourage all communities that are being impacted dinary circumstances, and the stories I
Texans who are healthy and at low risk by the coronavirus. I hope this trend of am hearing from my constituents and
of contracting the coronavirus to con- bipartisanship will continue in the from people across the country are
sider donating blood. During times like coming weeks and months as we work crushing. Some of the most heart-
these, when it is, perhaps, easy to feel to build on the actions we have already breaking stories are the ones about
that circumstances are beyond your taken. people who want to do the right thing
control, this is one small step each of I echo the comment made by the ma- in this moment but are having to
us can take to support our commu- jority leader that this is only the be- choose between staying home, as public
nities. ginning of our efforts to support our health experts say we must, and paying
I know this is a time of serious un- country. We will keep working this the rent or putting food on the table.
certainty for both the physical and fi- week and next and for however long it I am hearing from workers like
nancial health of our families and our takes in order to assist American Cristal Westwood from Auburn, WA.
country, but I want to assure my con- workers and families, to support our She and her husband just welcomed
stituents—the 29 million people I am local businesses, and to secure both the their first child on February 7 of this
privileged to represent in the State of immediate and long-term viability of year. They both have autoimmune dis-
Texas—that the Senate is working to our economy. Via three task forces, the eases, but her husband’s job is not al-
provide them with the relief that we Senate has already begun the work of lowing him to work from home. And
can. putting together the next economic re- she says:
Less than 2 weeks ago, the President covery legislation, and we will not This is an extremely stressful situation for
signed a bill we passed that provided leave until we get that bill passed, too. our family. We have the option for my hus-
$8.3 billion in emergency funding to While most Americans’ daily lives band to take leave without pay for the next
month or so, but that would mean we
SSpencer on DSKBBXCHB2PROD with SENATE
combat the virus, which has sent vital have been upended by the spread of the wouldn’t have any income coming in to sup-
funding toward treating and preventing coronavirus, there are countless men port our family. He could use up all of his
the spread of the virus, including to- and women who continue to go to work sick and vacation time, but that would mean
ward the purchase of masks and per- and fill critical needs in our society. he doesn’t have any left for the rest of the
sonal protective equipment, as well as We owe a debt of gratitude to the dedi- year in case something happens. Both of
in supporting the development of a vac- cated healthcare professionals who are those options don’t seem right.
cine, possible treatments, and more on the frontlines of this pandemic; to I agree. That is not right. A pastor in
diagnostics. This was an important the scientists who are working dili- Tukwila, WA, shared similar concerns
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1793
from a parent in their congregation ployers can be quickly and fully reim- leave. It strengthens their financial
with school-aged children who worries: bursed by the Treasury Department for footing. It gives certainty and con-
What if they call off school? I don’t have providing that leave. fidence to businesses. Congress has a
anyone to care for the kids. Then, without a For those who may not be ready just responsibility to pass this legislation.
paycheck, we will get evicted. As it is, we al- yet to agree we need paid sick days and It is not only a health imperative but
ready run close to eviction every month. paid leave going forward permanently, a financial one too.
Since that time, all of our schools in the amended version of this bill that Unfortunately, our colleague, Sen-
Washington State are closed. we are introducing today and asking ator JOHNSON—his amendment is cyn-
And then there is Chris, who lives in for a vote on shortly would only pro- ical and counterproductive. This
Seattle, works in a grocery store, and vide this support through December amendment would eliminate paid sick
is at high risk for coronavirus. She 2021. and family leave provisions in favor of
writes: My No. 1 priority right now is getting providing coronavirus-infected people
It’s an awful decision: Go to work and put people the support they need right now with unemployment compensation. So
your life at risk, or lose your job, lose your for this emergency that is at hand, and what he is saying is you have to actu-
income, and lose your insurance. I haven’t this is a commonsense step. It is good ally lose your job if you need to stay
committed either way at this point. I’m try- for workers who need to stay home if home to care for a loved one or because
ing to find a way to stay home. they are sick or to take care of their you are sick yourself, and that is just
I am not just hearing from workers family without losing a job or their wrongheaded because, the truth is, we
but from small business owners, as paycheck, and it is good for small busi- want people to keep their jobs. We
well, across our State, people who own nesses that want to keep their workers want people to have their jobs be there
restaurants and shops. Everyone from and communities safe and that are when they get better or when their
farmers to fishers who are used to the struggling to stay afloat during this family member gets better. We want
spring being a time when the phones crisis. them to have their jobs after they re-
are ringing off the hook. Now no one is It is the right thing to do for our cover themselves. This is why paid
coming in the door. No one is calling. economy, for our public health, and we leave and sick leave is such a better so-
They want to do the right thing for should get it done as soon as possible. lution than just straight-up unemploy-
their workers, but they don’t have the If we don’t do this, if we let this oppor- ment insurance.
cashflow to keep them on. tunity slip by, we are sending a mes- Workers deserve protections so they
People are scared. They feel they sage to scared people across the coun- don’t lose their job just because their
have gotten the rug pulled out from try that we are still not willing to ac- kids’ school closed, and they need to be
under them, and they need our help. knowledge the scope of the tragedy we home to look after them. Wouldn’t any
Unfortunately, here is what the Sen- are seeing unfold and not listening to employee in America today prefer to
ator from Wisconsin wants to do. After the stories like the ones I just shared, keep their job and have paid sick leave
the House overwhelmingly passed a bi- rather than having to quit and take un-
stories that I know my colleagues have
partisan agreement that includes an employment insurance? Wouldn’t every
heard as well.
important step forward to provide We must not and we cannot send that Member of this body and President
workers the paid sick leave they need message. People need help; they need Trump himself want to keep unemploy-
in this crisis, his amendment would ment numbers from exploding any fur-
hope; and they need to see that we are
undo that bipartisan work by stripping ther than they are already?
willing to do the right thing and pass
While the unemployment system will
any paid sick leave progress out of the big solutions. So I hope all of our col- continue to play a very important role
bill we are voting on today. leagues join us in supporting our for those who have lost their jobs, it
Instead of helping people keep their amendment. I want to see this passed cannot be the only answer. I thank
jobs and their paychecks by providing and sent to the President’s desk as part Senator MURRAY for her leadership and
sick leave, Senator JOHNSON’s amend- of this response, and by the way, I am her steadfast advocacy for family and
ment would force workers to seek com- not going to stop fighting until that medical leave and paid sick days. This
pensation through their State unem- happens. amendment is crafted to provide ex-
ployment system, meaning they would I yield the floor. traordinary economic stimulus and
be on their own until they were com- The PRESIDING OFFICER. The Sen- support to our businesses when they
pensated by the State, and the unem- ator from New York is recognized. need it absolutely the most, and most
ployment system in each State would Mrs. GILLIBRAND. Madam Presi-
of all, it is giving certainty because
be drastically overburdened at a time dent, across New York State and
people are afraid. They don’t want to
when workers are going to need it in around the country, schools are closing have to spread coronavirus to every
the event they are laid off. and businesses are shutting their doors person they work with. They don’t
Democrats are pushing for solutions as we face this unprecedented crisis. want to have to leave their children
through the unemployment insurance This public health emergency has ex- unattended at home. They would love
to support families and workers in the posed the weakness in our economy to stay at work, but under the cir-
months ahead, but simply using this and in our system. We are not doing cumstances, they cannot.
program now as a replacement for paid nearly enough for workers, for their Allow them to keep their jobs. Allow
sick leave workers is unacceptable, and families, and those who need to deal them to draw down on paid leave while
it is shameful. We have to do better with medical and financial emergencies their child is at home for a week, a
than that. that this virus has caused. month, or 3 months. If they themselves
At a time when families are facing Congress has a duty to look out for are sick, God forbid, make sure they
impossible decisions, my fellow Sen- families who are staring down uncer- are not in the community spreading
ators face a glaringly simple one. We tainty, fear, and financial ruin. Our top this virus, make sure they can be home
need to be doing as much as we can as priority must be strengthening our getting better and reemerging to do
fast as we can, and his amendment public health system and ensuring that their work when they are well.
would set us backward at the worst hard-working Americans, who are fac- Democrats stand ready to work with
possible time. ing this crisis due to no fault of their Senate Republicans to pass this impor-
That is why I am here on the floor to own, can keep their jobs while taking tant bill. We need to meet the needs of
offer our amendment, based on legisla- care of themselves and their loved the American people today. This is our
SSpencer on DSKBBXCHB2PROD with SENATE
tion I have worked on with Senator ones. duty in this grave time of need.
GILLIBRAND and Representative We must also ensure that businesses, I yield the floor.
DELAURO, introduced yesterday. Our many of which have been forced to The PRESIDING OFFICER. The Sen-
legislation would simply provide work- close their doors in the name of the ator from Wisconsin is recognized.
ers with 7 days of accrued paid sick public good, do not have to cover these AMENDMENT NO. 1558
leave, 2 weeks of paid emergency days, unexpected costs alone. The PAID Mr. JOHNSON. Madam President, I
and 12 weeks of paid emergency leave, Leave Act ensures that every worker in call up my amendment No. 1558 and ask
and it would make sure that their em- America has full paid sick and family it be reported by number.
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S1794 CONGRESSIONAL RECORD — SENATE March 18, 2020
The PRESIDING OFFICER. Without (ii) $1,000. and American businesses are suffering,
objection, the clerk will report the (B) DETERMINATIONS.—The amount of an through no fault of their own, and they
amendment by number. individual’s average weekly earnings shall be need help. We all want to provide that
The bill clerk read as follows: determined by the State.
(d) RETROACTIVE APPLICATION.—States
help. Hopefully, we want to provide
The Senator from Wisconsin [Mr. JOHNSON] shall make temporary emergency Federal that effectively and efficiently with as
proposes an amendment numbered 1558. coronavirus unemployment insurance bene- few negative, unintended consequences
The amendment is as follows: fits under this section retroactively avail- as possible.
(Purpose: To strike Federally mandated sick able to March 1, 2020. What I would suggest is, this is really
pay and paid family leave and replace it (e) WORK REQUIREMENTS.—Individuals re-
ceiving temporary emergency Federal
no time, though, to follow Rahm
with financial support provided through
State administered unemployment insur- coronavirus unemployment insurance bene- Emanuel’s famous dictate that you
ance systems and funds) fits under this section shall not be required should never let a crisis go to waste.
Strike divisions C, E, and G. to search for work. From my viewpoint, I think one of the
At the end of division D, add the following: (f) FEDERAL REIMBURSEMENTS.—The Fed- reasons we have had a more successful
SEC. ll. SENSE OF CONGRESS. eral government shall— economy—certainly far more success-
It is the sense of Congress that— (1) reimburse States for the full cost of ful than the economy, the slow recov-
complying with the requirements under this
(1) it is the intention of Congress and the ery we had out of the 2009 recession—is
administration to provide immediate finan- section that are above and beyond the bene-
fits currently provided under each State’s that this administration has focused on
cial support to workers who will be idled and reducing the regulatory burden. First
lose pay and benefits because of COVID-19; current unemployment insurance law for
benefits paid under this program; and we stopped adding to it, and then we
(2) Federally mandated sick pay and paid
family leave will prompt some employers (2) reimburse any employer who employs actually reduced it. That brought a fair
who cannot afford this mandate to preemp- fewer than 500 employees and who volun- amount of optimism and animate spir-
tively terminate the employment of workers tarily provides paid leave to an employee for its to our economy because
they no longer have work for due to cir- the reasons described in subsection (a) an businesspeople could actually con-
amount equal to two-thirds of the actual
cumstances surrounding COVID-19; centrate on their products and their
(3) even without that negative incentive, payment made up to $1,000 per week and not
to exceed $10,000 per employee. services rather than looking over their
the COVID-19 will cause many Americans to shoulders to find out what new govern-
lose their jobs, and not be eligible for Feder- (g) NATIONAL UNEMPLOYMENT RATE.—For
purposes of calculating the National unem- ment regulation was going to cause
ally mandated sick pay or family and med-
ical leave, so the only income support will be ployment rate, the Bureau of Labor Statis- them to hire a new compliance officer,
unemployment insurance; and tics of the Department of Labor shall not in- increase their cost, and possibly put
(4) it would be more efficient to administer clude workers obtaining temporary emer- them out of business.
this Federal financial support for workers gency Federal coronavirus unemployment
insurance benefits. What I am suggesting is, when we
using only one, rather than two or more pro- provide that help—and we need to pro-
(h) REGULATORY AUTHORITIES.—
grams.
(1) LABOR.—The Secretary of Labor (or the vide that help to both hard-working
SEC. ll. TEMPORARY EMERGENCY FEDERAL Secretary’s delegate) shall prescribe such
CORONAVIRUS UNEMPLOYMENT IN-
American workers as well as American
regulations or other guidance as may be nec- businesses—that we do it in the most
SURANCE BENEFIT PROGRAM.
essary to carry out the purposes of this sec- efficient and effective manner, and we
(a) IN GENERAL.—In order to receive the
tion.
credit against the Federal Unemployment
(2) TREASURY.—The Secretary of Treasury
do more good than harm. Now, I would
Tax Act (26 U.S.C. 23), States shall provide (or the Secretary’s delegate) shall prescribe argue that a new mandate on business
temporary emergency Federal coronavirus such regulations or other guidance as may be is going to do a great deal of economic
unemployment insurance benefits to any in- necessary to carry out the purpose of this harm. It may sound good, but it is not
dividual who has worked for pay at any time section. the right way to go.
in the last 30 days and who for any calendar (i) SUNSET.—The temporary emergency
day is not able to engage in employment due Federal coronavirus unemployment insur-
We will eventually come out of this.
to any of the following reasons: ance benefit program under this section shall We will be recovering from economic
(1) The individual is subject to a Federal, expire on the earlier of the date of the termi- woes. We need to learn the lesson from
State, or local quarantine or isolation order nation of the national emergency declared 2009, where overregulation hampered
related to COVID-19. by the President under the National Emer- our recovery. So let’s not add a new
(2) The individual has been advised by a gencies Act (50 U.S.C. 1601 et seq.) with re-
health care provider to self-quarantine due
mandate. I know the House bill is only
spect to the Coronavirus Disease 2019 temporary, but temporary becomes
to concerns related to COVID-19. (COVID-19) or December 31, 2020.
(3) The individual is experiencing symp- permanent around this place pretty
ADDITIONAL COSPONSORS good. As Ronald Reagan once said, the
toms of COVID-19 and seeking medical diag-
nosis; Mr. JOHNSON. Madam President, I closest thing to eternal life in our life-
(4) The individual is caring for an indi- ask unanimous consent that Senator time is a government program.
vidual who is subject to an order as described BLACKBURN, Senator COTTON, Senator
in paragraph (1) or has been advised as de- I will also say that my office has
CRUZ, Senator LOEFFLER, and Senator
scribed in paragraph (2); been flooded with businesses calling in
PERDUE be added as cosponsors to my
(5) The individual is caring for a son or also not believing this is only going to
amendment No. 1558 to H.R. 6201.
daughter under the age of 18 years of such in- be temporary and not really having
dividual if the school or place of care of the
The PRESIDING OFFICER. Without
confidence in the Rube Goldberg fi-
son or daughter has been closed, or the child objection, it is so ordered.
Mr. JOHNSON. Madam President, I nancing mechanism for this, again,
care provider of such son of daughter is un- temporary mandate for paid sick and
available, due to COVID-19 precautions. ask unanimous consent that I be al-
(6) The individual is subject to a temporary lowed and the Senator from Pennsyl- family leave.
lay-off under section 604.5(a)(3) of title 20, vania be allowed to finish our com- The good news is, there is a better
Code of Federal Regulations, due to COVID- ments before we start the vote. way, and that is what my amendment
19. The PRESIDING OFFICER. Is there does. It creates a temporary emergency
(b) WAITING PERIOD.—States shall not re- Federal unemployment insurance pro-
quire any waiting period in order to receive
objection?
benefits for those individuals described in Without objection, it is so ordered. gram sitting on top of what already ex-
subsection (a). Mr. JOHNSON. Madam President, we ists. Rather than having two or three
(c) BENEFITS.— are facing, with the coronavirus, an un- or more programs trying to provide
(1) IN GENERAL.—States shall pay benefits precedented situation, certainly in my that funding to workers for whom we
SSpencer on DSKBBXCHB2PROD with SENATE
to those individuals described in subsection lifetime. These are extraordinary times all want to provide that support, we
(a) on a weekly basis for each calendar day we are living in and trying to live would have basically a single program,
an individual is not able to engage in em- through, and there is no doubt that ex- a single method for doing that using
ployment for up to 14 weeks.
traordinary times require extraor- State unemployment offices. They are
(2) CALCULATION.—
(A) AMOUNT.—The weekly benefit shall be dinary measures. already set up to do this. With some
the lesser of— The good news is that there is a lot of slight modifications, they would be
(i) two-thirds of the individual’s average agreement in terms of what we need to able to handle this, and here would be
weekly earnings; or do. We all recognize that Americans the slight modifications.
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1795
First of all, our bill waives any wait- that they are having to make for the The PRESIDING OFFICER. Are there
ing periods, but then, we also reim- first time ever in completely unchart- any other Senators in the Chamber de-
burse the States for paying unemploy- ered waters. siring to vote?
ment during that waiting period. We Then this legislation comes along The result was announced—yeas 47,
have the exact same eligibility as the and says: Now, by the way, you are nays 51, as follows:
House bill. It is focused on those indi- going to have to figure out and navi- [Rollcall Vote No. 74 Leg.]
viduals affected by the coronavirus, the gate your way through a whole new YEAS—47
exact same definition. The benefits are system you have never heard of before, Baldwin Hassan Rosen
identical as well. We would provide and you are going to have to go Bennet Heinrich Sanders
support. We would plus-up the State through all the books and the rules and Blumenthal Hirono Schatz
unemployment benefits up to two- regulations and consult your lawyer Booker Jones Schumer
Brown Kaine Shaheen
thirds of employee’s wages, not to ex- and figure out exactly how you comply Cantwell King Sinema
ceed $1,000 a week. with this complex, new mechanism so Cardin Klobuchar Smith
We also recognize those companies that you comply with the law and get Carper Leahy Stabenow
that are willing to voluntarily offer the reimbursement that is intended. Casey Manchin
Tester
Coons Markey
sick pay and paid family leave by reim- That is a huge problem for these folks Cortez Masto Menendez
Udall
bursing them up to that same level— who are struggling to stay alive. Duckworth Van Hollen
Merkley
Durbin Murphy Warner
two-thirds of actual wages, up to $1,000 So what Senator JOHNSON’s amend- Warren
Feinstein Murray
per week, no more than $10,000 per em- ment does is this: It just shifts the sub- Gillibrand Peters Whitehouse
ployee. They are the exact same bene- stantial administrative costs and bur- Harris Reed Wyden
fits as the House bill. And, of course, dens off the back of the business owner
NAYS—51
we actually make ours temporary. and operator and allows it to be man-
Alexander Ernst Paul
There will be a great deal of pressure aged by the State unemployment sys- Barrasso Fischer Perdue
on the part of State unemployment tems that are in the business of pro- Blackburn Graham Portman
programs to get out of this as soon as viding compensation. We plus it up, Blunt Grassley Risch
they possibly can. But they can accept and we waive the waiting periods so Boozman Hawley Roberts
Braun Hoeven Romney
it, accept that Federal help, while they that the individual workers who are Burr Hyde-Smith Rounds
need it. adversely affected by this COVID–19 Capito Inhofe Rubio
So our bill sunsets; the earliest pandemic will still get the benefits Cassidy Johnson Sasse
would be either at the expiration of the Collins Kennedy Scott (SC)
that we all want them to get. It is just Cornyn Lankford Shelby
national declared emergency or on De- a better way to deliver this. Cotton Lee Sullivan
cember 31, 2020. So I hope my colleagues will vote in Cramer Loeffler Thune
This is a commonsense piece of legis- favor of it. Crapo McConnell Tillis
Cruz McSally Toomey
lation. It does not saddle small busi- I yield the floor. Daines Moran Wicker
nesses, American businesses, with a The PRESIDING OFFICER. The Sen- Enzi Murkowski Young
new mandate that they don’t have a ator from New York.
NOT VOTING—2
great deal of confidence in. It would ac- Mrs. GILLIBRAND. Mr. President, I
strongly disagree with both of my col- Gardner Scott (FL)
tually be funded 100 percent by the
Federal Government. By the way, the leagues’ statements because, in fact, The PRESIDING OFFICER (Mr. COT-
House bill does not fund this 100 per- there is no administrative burden given TON). Under the previous order requir-
cent. It leaves gaps. And it would defi- to the small businesses. ing 60 votes for the adoption of this
nitely be temporary in utilizing the ex- In fact, our bill is doing exactly what amendment, the amendment was re-
isting programs in the States that are the small businesses want, which is to jected.
sitting on top of it, providing Federal provide direct payments to the busi- The amendment (No. 1559) was re-
support for the workers who are going nesses—not a tax credit that they get jected.
to actually need it as we go through many months in the future but direct VOTE ON AMENDMENT NO. 1558
this unprecedented event in our Na- payments to them. The PRESIDING OFFICER. The
tion’s history. I don’t think unemployment insur- question occurs on agreeing to amend-
With that, I yield the floor to the ance given to the States is going to re- ment No. 1558.
Senator from Pennsylvania. sult in immediate relief for the em- Ms. DUCKWORTH. I ask for the yeas
The PRESIDING OFFICER (Mr. ployees who need it. Again, you are and nays.
PERDUE). The Senator from Pennsyl- creating a false structure. Requiring
The PRESIDING OFFICER. Is there a
vania. people to quit their jobs so they can
sufficient second?
Mr. TOOMEY. Mr. President, I thank care for a child who has been sent from
There appears to be a sufficient sec-
the Senator from Wisconsin for leading school is absurd. It is far better to have
ond.
on this effort. a national paid leave program in this
The clerk will call the roll.
I rise in strong support of this country. And unlike what my colleague
amendment. The two of us—and I sus- The senior assistant legislative clerk
said, it is not permanent; it is tem-
pect almost everybody in this Cham- called the roll.
porary, and there is no administrative
ber—fully support the idea, the goal, Mr. THUNE. The following Senators
burden.
and the need to provide relief to work- are necessarily absent: the Senator
I yield the floor.
ers who have been affected by this pan- from Colorado (Mr. GARDNER) and the
VOTE ON AMENDMENT NO. 1559
demic. That is not what is in dispute Senator from Florida (Mr. SCOTT).
The PRESIDING OFFICER. All time The PRESIDING OFFICER (Mr.
here. There is a legitimate and serious has expired.
concern about the mechanism by which BOOZMAN). Are there any other Sen-
The question is on agreeing to the ators in the Chamber desiring to vote?
that is provided. Murray amendment.
The House bill imposes a very signifi- The result was announced—yeas 50,
Mrs. MURRAY. I ask for the yeas and
cant administrative burden on the very nays 48, as follows:
nays.
small businesses struggling to survive. The PRESIDING OFFICER. Is there a [Rollcall Vote No. 75 Leg.]
We are all taking these phone calls sufficient second? YEAS—50
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from all across our States—men and There appears to be a sufficient sec- Alexander Cotton Hawley
women who are operating a business. ond. Barrasso Cramer Hoeven
Blackburn Crapo Hyde-Smith
They are on the edge, and they are try- The clerk will call the roll. Blunt Cruz Inhofe
ing to figure out: How do we stay alive? The bill clerk called the roll. Boozman Daines Johnson
How do we keep this business alive Mr. THUNE. The following Senators Braun Enzi Kennedy
until we can come out on the other are necessarily absent: the Senator Burr Ernst Lankford
Capito Fischer Lee
side? They are struggling with all from Colorado (Mr. GARDNER) and the Cassidy Graham Loeffler
kinds of very, very tough decisions Senator from Florida (Mr. SCOTT). Cornyn Grassley Manchin
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S1796 CONGRESSIONAL RECORD — SENATE March 18, 2020
McConnell Roberts Sullivan Tester Udall Whitehouse It is a cold; it is a mild flu to them.
McSally Rounds Thune Thune Van Hollen Wicker
Moran Rubio Tillis Tillis Warner Wyden
But for our vulnerable populations—
Paul Sasse Toomey Toomey Warren Young our elderly populations, those with
Perdue Scott (SC) Wicker
NAYS—8
heart issues, those with lung issues,
Portman Shelby Young smokers, diabetics—this can be a very,
Risch Sinema Blackburn Lankford Sasse
Inhofe Lee Scott (SC)
very serious thing.
NAYS—48 Johnson Paul The challenge we face in our
Baldwin Harris Reed healthcare is that every person who
Bennet Hassan Romney NOT VOTING—2
Blumenthal Heinrich Rosen
walks in to get tested is face to face
Gardner Scott (FL)
Booker Hirono Sanders with one of our healthcare workers, es-
Brown Jones Schatz The bill (H.R. 6201) was passed. pecially in rural areas of our State,
Cantwell Kaine Schumer The PRESIDING OFFICER. Under who may be the only healthcare profes-
Cardin King Shaheen the previous order, the motion to re-
Carper Klobuchar Smith sional for that entire county. If that
Casey Leahy Stabenow consider is considered made and laid person—who has not been vaccinated
Collins Markey Tester upon the table. as well because there is no vaccine
Coons Menendez Udall The majority leader. yet—is not able to serve the rest of the
Cortez Masto Merkley Van Hollen
Duckworth Murkowski Warner
Mr. MCCONNELL. Madam President, population, that health situation be-
Durbin Murphy Warren we just passed the bill that came over comes even worse because of dimin-
Feinstein Murray Whitehouse from the House, and it is on its way to ishing care.
Gillibrand Peters Wyden the President. It is a very important We, as Americans, have taken this
NOT VOTING—2 first step, which we are calling phase 2. seriously, as we should. We are paying
Gardner Scott (FL) We continue to work on the next bill attention. The younger population is
to respond to the crisis. I want to re- spending time trying to get away from
The PRESIDING OFFICER. On this peat again that the Senate is going to
vote, the yeas are 50, and the nays are other individuals, to self-isolate, to
stay in session until we finish phase 3, self-quarantine—‘‘social distancing’’ is
48. Under the previous order requiring the next bill, and send it over to the
60 votes for adoption of this amend- the new term—to find some way to not
House. be close to someone else so they don’t
ment, the amendment is rejected. Now, Republicans hope, shortly, to
The amendment (No. 1558) was re- accidentally pass the virus on, because
have a consolidated position along with although the virus may be within them
jected. the administration. Then we intend to
The PRESIDING OFFICER. The and they are not personally physically
sit down with our Democratic col- affected much, the effect on someone
clerk will read the title of the bill for leagues to see what we can agree to.
the third time. else could be pretty dramatic. So, out
I would recommend that Senators of respect for others, they are trying to
The bill was ordered to a third read- stay around, close. Just how long it
ing and was read the third time. manage that distance and be attentive
will take to get through these steps is to that.
The PRESIDING OFFICER. The bill unclear, but as everyone knows, we are
having been read the third time, the There have been multiple actions
moving rapidly because the situation from the government over the past sev-
question is, Shall the bill pass? demands it.
Mr. LEE. Mr. President, I ask for the eral months. There are the travel bans
The PRESIDING OFFICER. The Sen- we all know very much about, starting
yeas and nays. ator from Oklahoma.
The PRESIDING OFFICER. Is there a with China and now in multiple areas
f of the world, and lots of encourage-
sufficient second?
There appears to be a sufficient sec- MORNING BUSINESS ment to limit gatherings, first to 250
ond. Mr. LANKFORD. Madam President, I and then to 50 and now to 10. Now it is
The clerk will call the roll. ask unanimous consent that the Sen- a series of just keep social distancing,
The legislative clerk called the roll. ate be in a period of morning business, to make sure you are aware of that.
Mr. THUNE. The following Senators with Senators permitted to speak There have been emergency declara-
are necessarily absent: the Senator therein for up to 10 minutes each. tions.
from Colorado (Mr. GARDNER) and the The PRESIDING OFFICER. Without CMS has changed coverage, as re-
Senator from Florida (Mr. SCOTT). objection, it is so ordered. cently as yesterday, dealing with
The PRESIDING OFFICER (Mrs. issues like telehealth, making sure in-
f
BLACKBURN). Are there any other Sen- dividuals who may have other care
CORONAVIRUS needs don’t have to actually go in to a
ators in the Chamber desiring to vote?
The result was announced—yeas 90, Mr. LANKFORD. Madam President, 3 healthcare professional—for their fear
nays 8, as follows: months ago, no one in the country—in of who else is sitting in the waiting
fact, no one in the world—had heard room—but they can get access to tele-
[Rollcall Vote No. 76 Leg.]
the term ‘‘COVID–19.’’ The term health, which is a much needed change.
YEAS—90
‘‘coronavirus’’ was around, but most The FDA has been very aggressive in
Alexander Duckworth McSally giving access to different States to do
Baldwin Durbin Menendez
folks didn’t use that because it was
Barrasso Enzi Merkley connected to SARS or to MERS in the their own testing regimens.
Bennet Ernst Moran past. The CDC has been active in trying to
Blumenthal Feinstein Murkowski In December of 2019, an infection get to a point where they can get a
Blunt Fischer Murphy
Booker Gillibrand Murray started in China, and it spread rapidly testing system that can actually get
Boozman Graham Perdue through the Wuhan region. By Janu- out to the entire country. The chal-
Braun Grassley Peters ary, there were thousands of people af- lenge was, early on, many other coun-
Brown Harris Portman
Burr Hassan Reed
fected before most of the world even tries did tests and developed tests with
Cantwell Hawley Risch knew it existed. Now, almost every a high false-positive rate. The CDC was
Capito Heinrich Roberts country in the world has infections. We very focused on trying to get as accu-
Cardin Hirono Romney have hundreds of thousands of people rate as it possibly could. That meant it
Carper Hoeven Rosen
Casey Hyde-Smith Rounds who have had contact with this virus, took longer, and we don’t have the
SSpencer on DSKBBXCHB2PROD with SENATE
Cassidy Jones Rubio and unfortunately we have lost thou- tests out. The tests are more accurate,
Collins Kaine Sanders sands of people worldwide. but we don’t have the tests in the num-
Coons Kennedy Schatz
Cornyn King Schumer
In the United States, the numbers bers we need at the moment we needed
Cortez Masto Klobuchar Shaheen continue to increase as we are con- them, which was last week. So now we
Cotton Leahy Shelby tinuing to increase the number of peo- are still struggling to catch up on test-
Cramer Loeffler Sinema ple we can actually test. Fortunately, ing all over the country.
Crapo Manchin Smith
Cruz Markey Stabenow the vast majority of the people who get Multiple other labs and multiple uni-
Daines McConnell Sullivan this virus have little to no symptoms. versities are also coming on board. In
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1797
fact—it is interesting—multiple other closed. Many retailers and res- We need to take action, but we need
countries are also developing their own taurants—many small businesses are to take action that helps people keep
testing processes. In the days ahead, really struggling with how they are their jobs, helps people stay employed,
we will be able to catch up on the test- going to pay for this when they have no and helps us deal with the dip in the
ing so that any American could be able income coming in right now. They are economy right now to help them pull
to get testing, but for now, it is lim- hearing the promise of a Federal reim- back out. My fear is that we didn’t do
ited. bursement coming to them, but they that just now. We might have just
In States like my State of Oklahoma, don’t know when that is coming, and made it worse.
where the virus is beginning its accel- they are literally teetering on the edge There are important things for us to
eration—we were late in actually get- right now. Their struggle: Please don’t do, and many of those things we are
ting the virus coming to Oklahoma, do something that pushes us over the working on this week. We have to get
but now that the virus is there, it edge. We need help, but we don’t need help to as many people as we can, as
starts to accelerate, and testing is ex- a bureaucracy that is going to be slow fast as we can. It is my hope that the
ceptionally important to us, as it is to to respond or a way that is actually Senate will continue to stay in ses-
everyone else. going to get us some help but help that sion—as the leader has already said
The Department of Transportation is comes to us too late. and promised that it would—until we
engaged on things like waivers for I have heard these terrifying words actually come to some proposals where
hours of service to allow the movement from multiple employers: I cannot we have wide bipartisan agreement
of goods all over the country dealing make it with that structure. I am that can get help rapidly to the people
with livestock and with food. going to have to lay people off and who need the help the most: those
There has been a big push from just hope to be able to hire them back when workers, those individuals who are
about every retailer in the country to this all ends. struggling, the folks who are hourly,
make sure they are cleaning facilities For those families who are laid off those folks who are waiters and wait-
more and being open and accessible and and in unemployment now, this is a resses, those folks who work at the cof-
having hours early in the morning for very different day for them. My fear is fee shop and own the coffee shop, and
those in the most vulnerable popu- that some of what pushed some of those folks in retail locations that are
lations so they are not shopping with those individuals over the edge into un- shut down. They need us to stand with
people who may have the virus and employment was a nudge to say we are them, and this is our moment to do it.
don’t even know it. going to add one more mandate to you Let’s do it together.
There has been a shift around the at your worst possible economic mo- I yield the floor.
country to encourage people to ment. The PRESIDING OFFICER. The Sen-
telework or to find ways to separate in The first principle we should have as ator from Massachusetts.
their place of work. Congress is, do no harm. We need to f
All of these things have occurred just step in and help those folks who need CORONAVIRUS
in the last few months. Again, 3 help. There are lots of ideas being ban- Mr. MARKEY. Madam President, I
months ago, none of us knew this term tered around by the Senate and the want to start my remarks by saying to
or this virus existed. All of this is hap- House, from both sides of the aisle, to the people of Massachusetts and fami-
pening extremely rapidly. figure out how we can get help as rap- lies all across the country: Many of
Three weeks ago, Congress and the idly as we can to as many people as we you are making big sacrifices—quaran-
President agreed on a proposal—it was can. tining yourselves, postponing or can-
a wide bipartisan proposal—to deal This is a moment unlike what we celing major events, dealing with
with additional funding for testing, ad- have seen before where it is not that closed schools and daycare. We are
ditional funding for vaccine develop- the economy is crashing because of grateful.
ment, additional funding for State and some economic foundation that is not Right now, our primary goal needs to
local departments of health to make there; it is fear and panic that is glob- be to slow the spread of this virus, and
sure they are taking care of that. My al, that literally we are struggling with we all share in that responsibility. So
own State of Oklahoma has already re- ‘‘what if’’ and the CDC and our own we thank you for everything you are
ceived almost $7 million to help with governments saying to employers: It doing to keep your loved ones and ev-
what is happening in our county, and would be best if you closed for a sea- eryone else’s loved ones safe at this
we are in desperate need of those dol- son. And they, being good citizens and time.
lars to get that done. good neighbors, quite frankly, are com- We are at war with the coronavirus,
Vaccine development is already in plying with that out of fear for their and we need a massive wartime manu-
human trials now. It is in phase 1. It own business and for their own employ- facturing mobilization for coronavirus
will take multiple months to get that ees. testing kits and personal protective
done, but we have already begun that I finished my day yesterday—late equipment for medical personnel and
process. That is important to us. last night—talking to a small business emergency responders. That is why,
The bill that was on the floor today owner in Oklahoma who related to me last weekend, I was the first to call on
dealt with multiple helpful things. It what he is going through right now and President Trump to immediately use
expands SNAP—what some people still the struggles he is having keeping the existing authorities under the Defense
call food stamps, but it is supplemental doors open. Quite frankly, he was fairly Production Act to bring all of the
nutrition. It is assistance for those blunt with me to say: The things that power of the Federal Government to
families. It is an expansion of that. are being passed in the bill tomorrow bear in mobilizing industry to meet
It also deals with unemployment in- will affect me, but my competitors this crisis. It is why I authored the
surance benefits to make sure those that are big companies—it doesn’t af- Senate resolution calling on him to do
are staying consistent and those get fect them. It is already hard enough for so. It is why I spoke directly to Vice
extended to people who are going to me as a small business to compete with President PENCE yesterday to urge the
need them because in the past week, them, and now I have a new mandate administration to take this critical ac-
unemployment has dramatically in- on me that is not a mandate on them, tion, and I am glad they are doing so.
creased all over the country. In the and it makes it even harder, and I The Defense Production Act allows
days ahead, when we see the numbers, don’t think I will have the cash flow to the Federal Government to direct sup-
SSpencer on DSKBBXCHB2PROD with SENATE
we will see the difference between what be able to make this work. plies of critical materials and equip-
is happening this week versus the week Toward the end of the conversation, ment that our hospitals and first re-
before versus the week before that. he paused and literally began to cry, sponders need. It allows us to mobilize
The struggle is, my phones have been and he pulled himself together and industry to expand production and
filled with one other element that is in said: I am having to call people and tell gives us the power to coordinate indus-
that bill, and that deals with a man- them ‘‘I don’t have hours for you next try to respond to this crisis. We need to
date on small businesses for sick leave. week,’’ and these are people I care fully use all of those powers that are
Small businesses in my State are about. provided under this law.
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S1798 CONGRESSIONAL RECORD — SENATE March 18, 2020
That is why I am so glad President are now running short of, and other they get the resources they need. If
Trump has today invoked the power of testing materials. that system in our country, where 48
the Defense Production Act to respond We have used the Defense Production percent of all workers are employed—
to the coronavirus crisis. I am glad he Act before—during the Korean war—to small businesses in our country—and
is exercising it. I am glad that after my mobilize defense infrastructure and they are living on the margin, then we
conversation yesterday with Vice during the Cold War. Make no mistake, are going to have an economic catas-
President PENCE, they decided to put we are facing an equally deadly enemy trophe by August or September where
this on the agenda for our country. in this virus, and we need to bring all millions of these small businesses will
We need to massively increase pri- of our authority and resources to bear just declare bankruptcy. That is the
vate production of the lifesaving per- to defeat it. bottom-line economic fact of the mat-
sonal protective equipment, medical All of us owe a debt of gratitude to ter. We have to give them help, and we
supplies and devices, and diagnostic our frontline health and medical care have to make sure we have the re-
testing supplies we need to combat this workforce. They don’t have a roadmap sources inside the Federal Govern-
viral enemy. We need to activate our for what is happening right now. It is ment—the personnel—that will ensure
capable and talented domestic industry unprecedented. They just have skills, a we can deliver that relief too.
and bring the full weight of the Federal commitment, and the hearts of heroes. To the people of Massachusetts, I
Government behind this effort. We owe them the resources they need want you to know I am here for you,
We are talking about gowns, gloves, to be protected in order to do their and I will help any of you individually
face shields, surgical masks, N95 res- jobs. who need any assistance during this
pirators, ventilators, disinfectant Sadly, this pandemic is going to get emergency. This current moment may
wipes, and hand sanitizers. We do not worse before it gets better. I had been call for distancing and isolation, but
have nearly enough of this lifesaving calling for the President to declare a we cannot and should not sever our
equipment. national emergency, which he finally basic human connections to one an-
For instance, the U.S. Department of did last week. Now that he has done so, other because we are all in this to-
Health and Human Services estimates we need Massachusetts to get all of the gether.
that the United States could need up to funding that is due. I have been in reg- I want to end with the most impor-
3.5 billion respirator masks. Let me say ular contact with Governor Baker and tant remark. We must continue to lis-
that again. Our own Department of Mayor Walsh, and I will support their ten to the guidance of scientists and
Health and Human Services says that requests for Federal resources. medical professionals. This pandemic is
we could need upwards of 3.5 billion As the Senate works on an economic unprecedented and will require an un-
respirator masks. But our strategic na- relief package that matches the scale precedented mobilization and response
tional stockpile, the country’s emer- of this crisis, we need to ensure that we at every level of society. We can get
gency medical supply bank, holds only put people and family first—no half through this, but it will require a com-
a tiny fraction of that, just 12 million measures, no hidden bailouts and give- mitment from every single one of us.
respirator masks—not 3.5 billion but 12 aways just to big corporations: paid We are one big family in the United
million. sick time for all workers; unemploy- States. Many families are going to be
The medical community calls this ment insurance for all workers, includ- suffering. It is going to be our job to
personal protective equipment ‘‘PPE,’’ ing for tipped workers, gig workers, make sure that we protect those fami-
but ‘‘PPE’’ also stands for a ‘‘promise contractors, home workers; expansion lies, and it is the job of this institution
to protect everyone,’’ and this is a of SNAP, WIC, and other food security to do so. We are the legislative first re-
promise we should make and keep for programs; no evictions, no cutting off sponders. We are the ones who have to
our hospital personnel, first respond- of utilities, no cutting off of Wi-Fi; provide the resources that then allow
ers, and patients. Invoking the powers halting all deportations and releasing the first responders, the families in
of the Defense Production Act will help of detained immigrants who pose no every community across our country
ensure that we can keep this promise threat to public safety; provide free Wi- to have the resources to help everyone
to our American heroes who are on the Fi to low-income households with stu- in our society. That is our goal.
frontlines of battling this epidemic. dents who cannot afford it but are A pandemic should know no partisan-
I have been in regular contact with going to be at home because of school ship. Let us come together and produce
the Massachusetts Health and Hospital closures so that we don’t have a huge the big package our country right now
Association and the Massachusetts homework gap that now explodes in so desperately needs.
Nurses Association, and both have our country, as poorer children don’t With that, I yield back.
issued a terrible alarm: There are in- have access to the Wi-Fi technology at The PRESIDING OFFICER. The Sen-
sufficient medical equipment and sup- home, so they can learn at the same ator from Kansas.
plies to test and treat affected individ- pace that kids who just happen to live f
uals and protect healthcare workers in wealthier families will have. We can-
and first responders. For example, the not allow that to happen. These kids CORONAVIRUS
Berkshire hospital told me that they should be able to learn at home, re- Mr. MORAN. Madam President,
required 3,500 respirator masks a day. gardless of their income. We need free thank you very much. This has been a
That is 35,000 in just 10 days for the Wi-Fi for those kids. We have to reim- trying and difficult and challenging
Berkshire hospital, which is in the burse our States and cities and Tribes. time in our country and in my home
least populated part of our State—for They are bearing the brunt of this cri- State of Kansas. There are lots of con-
just that one smaller hospital. Yet the sis, and they need resources imme- versations, care, and compassion going
entire State of Massachusetts recently diately. on. We can’t give anybody a hug these
received only 70,000 of these respirator My commitment to protecting the days. We can’t extend a hand—at least
masks. That is not nearly enough. We health professionals, ensuring the con- literally—but we are extending a hand
do not want our nurses and our doctors sumers, workers, and families of Mas- to all of our friends and our neigh-
reusing or rationing masks. sachusetts get relief from the impacts bors—those across our community,
Additionally, hospitals and labs of the coronavirus is my No. 1 priority. those across our State, and across the
across the Nation are trying to ramp We have to protect the small busi- country.
up testing capacity but face shortages nesses in our country. We have to I am troubled, of course, by what cir-
SSpencer on DSKBBXCHB2PROD with SENATE
in test kits and supplies. But we need make sure they receive the resources cumstances Americans find themselves
to dramatically scale up testing and they need. Millions and millions of in. There are those who are in a poor
ensure our continued ability to test. small businesses right now are feeling circumstance in which they can re-
Our Nation must be able to conduct enormous stress. We have to make it cover from the circumstances that we
tens or hundreds of thousands of tests possible for them to receive the relief face. I want to make sure that Kansans
daily, ultimately testing millions of they need, the help they need in order know that we hear their cries, that we
people over the course of our response. to survive, and we have to put upfront know of their problems, and that work
That means producing swabs, which we whatever the capacity is to make sure is afoot to try to make a difference.
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1799
Just a couple of examples of things From the oil and gas industry of ways going to be on the issue of your
that perhaps, in the overall scale of Western and South Central and East- health and the well-being of your chil-
where we are, don’t seem significant ern Kansas to the manufacturing hub dren and your parents and your grand-
enough but can make a difference in in- of Wichita and South Central Kansas, parents, those we know in the nursing
dividual lives and families’ well-being: the consequences of the coronavirus home and those we know in the nurs-
We have been successful to this point are real and felt in the pocketbook, felt ery. And as long as we are troubled by
in getting the school lunch program in the brain, and felt in the heart. Our what may happen to us and our health,
available for students whose schools restaurants, hotels, our car rental no amount of economic stimulus can
are no longer in session, who don’t go agencies, and those who serve others— overcome the fear of one’s well-being
to the classroom, and therefore aren’t I have been in circumstances this week and particularly the well-being of their
in the school lunchroom. The USDA in visiting with the people who work at spouse, their children, and their par-
and the school food program are now a restaurant, the people who work at a ents.
available for those who are at home be- cafe, the people who work here in So clearly economic relief in and of
cause their school classes have been Washington, DC, at the cafeteria where itself, in my view, is insufficient. We
canceled as a result of the virus. I had breakfast this morning. Those need to make certain that our
We are paying a lot of attention, as I who have jobs wonder if they are going healthcare providers have the nec-
hope Kansans know and Americans to have jobs tomorrow, and those who essary tools to meet the healthcare
know, to the veteran and the veteran needs of American citizens. Front and
have already lost jobs wonder how they
community. We have had success in center in that regard is testing, and we
are going to pay the bills.
passing legislation on the Senate This morning I had a conversation are woefully inadequate and undersup-
floor—waiting for House consider- with an optometrist telling me the cir- plied in what we need to test the nec-
ation—that will allow those veterans cumstances of no longer being able to essary number of Kansans and Ameri-
who are no longer in the classroom, in care for patients except in the emer- cans to know what they face and to
a university, or in a technical college gency setting, which means that the know what their circumstances are and
and are now learning by distance edu-
business in the optometrist office—an to respond in the medically required
cation, by technology, to be able to
important healthcare provider—and way.
continue to receive their GIeducational We are working to make sure there
the business in the dental office has
benefits. That required a change in the are more tests across the country and
been curtailed, and the necessity of
law, and it is in the works so that working to make certain those tests
considering laying off the clinical
those benefits continue, even though are distributed in a way that Kansans
workers there is front and center in
the student is not, as now required, in and their healthcare providers can ac-
that conversation.
a classroom itself. It is a troublesome situation across cess them. Most recently, we were suc-
We are trying to make sure the De-
Kansas. It does not matter what city or cessful in getting CDC to undo a prob-
partment of Veterans Affairs has the
town you live in. If you are a farmer, lem that kept tests from being trans-
resources necessary to meet the needs
of our veterans. It is a vulnerable popu- the cattle prices today are signifi- ferred to the Kansas Department of
lation because of the age and existing cantly depressed, despite the fact that Health and Environment in my home
condition of many of our veterans. We it is still pretty expensive at the gro- State. We are pleased to see that the
are in constant contact not only with cery store. FDA, for example, has modified the
I think about my hometown and the necessary steps it takes for a manufac-
the Department of Veterans Affairs but
loss of a business. There aren’t many turer of these test kits to be certified
with veterans themselves and with our
businesses in many rural communities to be qualified to manufacture them.
veteran hospitals and clinics and other
in Kansas, and many businesses don’t And the amount of test kits that are
healthcare providers in Kansas.
Today, we are dealing with economic really earn much of a living or a profit. being produced, the amount of manu-
relief for those who are losing their It could be a family circumstance; it facturing has increased, and we are ex-
job, fearful of losing their job, or have could be this is what they did; this is pecting significant improvements in
already lost their job. Much of life’s what their parents did; this could be a the next couple of weeks. Yes, I wish
meaning comes from our employment, service to the community; and they they were here earlier, but can we fix
from what we do. A job is certainly live on a lot less because that business the problem we face now and get them
something that helps put food on a is important to a small community. here soon, immediately?
family’s table and provides some secu- But this kind of challenge is such that I sit in the desk of Senator Bob Dole,
rity for an individual, but it also pro- if that business closes, the chances are a predecessor of mine in Kansas—his
vides meaning. No one can understand, that it will not reopen. The financial name is etched in this desk drawer—
unless they are without a job, how dev- circumstances of smalltown America now known for his bipartisanship and
astating that can be. are such that there is little likelihood held in great respect not only at home
I am pleased by the number of busi- of recovery and reopening. in Kansas but across the country. I
ness men and women who have called The legislation we passed today is stand at the desk that is here in the
me to tell me the last thing they want now on its way to the President. It in- place of Senator John McCain. These
to do is lay off anyone who works in cluded a few things that I was troubled are two people who demonstrated the
their business. We have been through by and think will create significant dif- desire to work together.
economic difficulties before. We have ficulties for some. We need to continue While I have outlined a few things
seen the cycle of the economy, the ups to work to change those provisions that I think are important, and I want-
and downs, the normal flows, but this that are troublesome and cause prob- ed Kansans to know, the mission in my
is something totally different from lems. But it was important in my view remarks today—maybe the most im-
that. to make certain the things that were portant—is to ask my Republican col-
Oil and gas—the price of oil is such wrong in that bill didn’t prevent us leagues and my Democratic colleagues
that keeping our oil and gas producers from passing something to help those to set aside the usual bickering and po-
in Kansas in business is a real chal- with the things that are right. None of litical posturing that takes place in
lenge. Aviation manufacturing is an our economic efforts that we have to the U.S. Congress. No American can
important component of the Kansas make certain people feel more secure feel well, no American can feel that
economy, and today Textron indus- economically will work until they feel things are going to be OK if they don’t
SSpencer on DSKBBXCHB2PROD with SENATE
tries, which manufactures Cessna air- more secure in the health and well- see leadership and cooperation among
craft and Beechcraft, announced they being of themselves and their families. us.
are furloughing 7,000 of their 9,000 Even though you may get some as- So while we today are preparing for
workers. That is on top of other chal- sistance—a person may get some as- the presentation of new legislation
lenges in the aviation industry in sistance, a family may be relieved of dealing with the challenges that busi-
which Spirit AeroSystems, some of the financial burdens they now nesses, employers, and employees face,
headquartered in Kansas, has already face, a laid-off worker may get unem- trying to relieve the economic and fi-
laid off 2,800 employees. ployment benefits—your mind is al- nancial burden that many Americans
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S1800 CONGRESSIONAL RECORD — SENATE March 18, 2020
are experiencing and more will experi- This is an unprecedented time in our Now, what shall we do about it?
ence in the future, could Americans country. I cannot remember a time in Well, a couple of weeks ago, Congress
please see that I and my colleagues are my life or in our history when the gov- and the President reacted with $8.3 bil-
taking every step not to make this a ernment has literally closed down the lion to help beef up our public health
political exercise but to demonstrate country in order to contain a disease. system. We have the best public health
our care and concern for those we rep- That is literally what we are doing. system in the world, and we wanted to
resent. Whether it is the Federal Government help it get started.
I mentioned a moment ago about vet- by its travel restrictions, or whether it Today, we passed a bill that some
erans. This is the point in time in is the State governments suggesting people have estimated at $100 billion,
which, if you take a walk on the Na- that schools be closed, or whether it is which includes a whole variety of other
tional Mall, as I have often done, to mayors saying that restaurants must steps from Democrats and Republicans
walk to the Lincoln Memorial, I will be closed, we are closing down the that includes encouraging more test-
walk by now the World War II Memo- country to contain a disease. Because ing, that creates a new system of paid
rial; I will walk by the Vietnam Wall; the government is doing that on behalf leave for businesses of less than 500 em-
and on my return, I will walk by the of all the people, we are going to have ployees, and family leave.
Korean War Memorial. We should hold to pay the costs of closing down the As Senator MCCONNELL said, we are
those veterans—those military men country to contain this disease. going to stay here this week until we
and women who are honored in those Today, the news is that the auto in- take step 3. And step 3, according to
settings—as our role models. We should dustry across the country is closing the President’s proposal, would include
do that every day, but could we please down, at least temporarily. There are direct financial payments to Ameri-
do it over the next few weeks, the next layoffs. cans; it would include support for es-
few months, and into the next year as I have watched over the last 40 years sential businesses that need stabiliza-
we try to address the challenges that as Tennessee has gone from almost no tion like the airlines; and it would in-
America faces today. No person memo- auto jobs to proudly calling itself, in clude loans to small businesses so they
rialized in those settings fought and many ways, the No. 1 auto State. One can keep their employees working.
sacrificed their life for a Republican or hundred forty thousand Tennesseans Perhaps that proposal would be good
for a Democrat. They sacrificed be- work in auto jobs in Tennessee; that is for that small kennel I talked about.
cause they believed they could make one-third of all of our manufacturing That is said to cost perhaps another
life better for the folks back home— jobs. They are spread through 88 coun- trillion dollars. A trillion dollars is a
their own family members, their neigh- ties. And over these 40 years as textiles lot of money, even in the United
bors, and people they didn’t know. and other industries moved away from States. Our gross domestic product is
They sacrificed because they believed the United States and out of our State, about $22.3 trillion. We have 25 percent
they could make the world a more safe the auto companies moved in—vir- of all the money in the world in this
and secure place. I pledge myself in tually into every county—and our fam- country just for 5 percent of the people.
every way possible to see that I do the ily incomes went up. So if we are, in But the idea that we would have to
things today, tomorrow, and into the many ways, the No. 1 auto State, then spend a trillion dollars or more to con-
future that mean that this Congress we are the No. 1 State to be hurt when tain a disease would be unthinkable a
has come together on behalf of the the auto plants begin to close. few weeks ago, but what we have
American people, just like those who We are also hurt, as are citizens in learned very quickly is we are going to
served our country did and now rest in every State, when the restaurants shut have to pay the cost of containing the
peace. down. Fifteen million Americans work disease because the way we are con-
To the Democratic colleagues here in in restaurants. It is one of our largest taining it is that the government is
the Senate, please consider me open to industries, if not our largest industry. shutting down major parts of our econ-
their suggestions. And to my Repub- Almost all of those workers are being omy. I don’t believe that what we do
lican colleagues, please know that I am laid off in Tennessee and in many other today or what we propose to do later in
an ally in the things that we believe in. places in the country and even more the week will be enough because, as I
But we may all need to give a little so will be. look at the number of people being laid
America can return, Americans can be Not all of those affected are working off in this country, our State unem-
safe, Americans can be secure, our for big auto companies or medium- ployment agencies are not going to be
health is protected, and our economy sized restaurants. I received an email able to deal with that.
flourishing. yesterday from friends in Tennessee In Tennessee, for example, where un-
I would ask God in these cir- who run a kennel. Well, you may say employment has been very low and
cumstances to bless this country, to that is not so important. Well, it is im- where people have found it easy to find
bring us together, hold us in his arms portant to a lot of us. They say: a job, there were only 2,000 applications
in a way that we can’t do today, and to We are . . . suffering a massive drop off in for unemployment insurance last week,
make certain that this Congress rep- our business as a result of the Coronavirus. I but already this week by 2 p.m. on
resents the will of the people, not the fear we may have to close our doors for a Wednesday, in the middle of the week,
will of any political party. month or two (hopefully not that long), as there were four times that many appli-
I yield the floor. our wonderful customers are forced to cur- cations, 9,177. If you are successful in
The PRESIDING OFFICER. The Sen- tail travel. I am currently trying to secure unemployment compensation in our
around $50,000 in loans to supplement our State, you get $257 per week for 26
ator from Tennessee.
dwindling reserves to see us through until
Mr. ALEXANDER. I ask unanimous weeks.
May [or] June. I am currently applying . . .
consent to speak for as much time as I for SBA disaster relief. This precipitous drop
So we are going to have to do even
may require. in business comes on the heels of major flood more than the Congress has done, even
The PRESIDING OFFICER. Without damages to our fencing [caused] by the [re- more than the President has done, and
objection, it is so ordered. cent] floods . . . our flood insurance refuses I think we have to recognize that the
f to cover [that]. We are not seeking charity, President was wise on January 31,
just a business loan from $30,000 [to] $50,000 when we only had six cases of
CORONAVIRUS to secure our business until it passes. We al- coronavirus detected in the United
Mr. ALEXANDER. Madam President, ways pay our way. States, to impose the strictest travel
I congratulate the Senator from Kan- This couple has two young children bans on people coming into our coun-
SSpencer on DSKBBXCHB2PROD with SENATE
sas on his eloquent remarks, expressing and maybe a couple of employees in try in 50 years. Dr. Fauci, whom all of
the feelings—certainly mine and those, their kennel. They are awfully good us respect, said if he hadn’t done that,
I believe, of virtually every Member of people. They are salt-of-the-earth Ten- we would have many more cases today.
this body—that we are here not as nesseans. They are like many Ameri- Still, we have a disease that is caus-
Democrats or Republicans but to work cans who are suddenly confronted with ing the governments—this one, the
together to do whatever we can to ad- this disease that just came out of the State government, the local govern-
dress the concerns that are literally blue and has caused our government to ment—to shut major parts of our econ-
unprecedented. shut our country down. omy down. That is why I voted today
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1801
for the legislation that was phase 2 in Treasury makes the argument that, far is going to require it, Washington, DC,
our effort to respond to that, even from imposing special burdens, the net should pay for it. If Washington, DC, is
though I have significant issues with effect of this legislation is to provide going to require a small business—
the sick leave and family leave pro- an important benefit given that many many of which are struggling and
posals that are part of it. I believe already provide sick leave and that many of which are going out of busi-
those provisions, while well-intended many more will need to do so in re- ness—to pay a mandate, Washington,
by the administration and by the sponse to the COVID–19 outbreak. DC, should pay for it.
House of Representatives, will hurt Moreover, by structuring coverage for This is no time to be imposing on
many employers and will shortchange paid sick leave as a credit, the legisla- small businesses an expensive, new
many employees. tion ensures that employers generally mandate—an unexpected new cost—
First, to be fair, I want to try to receive relief immediately rather than when they don’t have money coming in
make sure that what the Treasury in- having to wait for refunds. to pay for the normal costs that they
tends to do is on the record. I have had In the event the amount of the credit had. I know it is the Secretary’s goal
several conversations with the Sec- exceeds an employer’s tax liability, the to let it work this way, for he has told
retary of the Treasury and with other credit is made refundable to ensure me this, and he has told all of us this.
officials to ask them just what they in- that the employer is fully compensated He has said it in public and has put out
tended to do and to list the problems for all payments made under the leave a statement.
that I had. So here is what they say— requirements. The Treasury goes on to Under the sick leave proposal, every
and I am characterizing the conversa- write that the Treasury and the IRS couple of weeks, a businessman will
tions and the writings we have had. are working on options to provide an put aside enough money for with-
They pointed out that what many advance payment of the credit in order holding and social security taxes. That
businesses have read is in this bill was to get cash in the pockets of small adds up to about 15 percent of an em-
what was in the draft of it that the businesses and their employees imme- ployee’s salary. What the Treasury is
House passed on Friday before tech- diately. saying is that the employer can use
nical corrections were made over the The intent of the legislation, the that money. Instead of setting it aside
weekend and that the technical correc- Treasury argues, is to fully fund the for the government, the employer can
tions greatly improved the bill from payments employers make to their em- use it to pay sick leave.
the point of view of employers. ployees who experience employment There are two problems with that.
The Treasury Department writes One is that I don’t like the idea of the
interruptions related to the COVID–19.
that, under the legislation, employers In summary, according to the De- employer’s using the employee’s tax
receive a dollar-for-dollar refundable partment of the Treasury, the amended money. You usually get in trouble for
tax credit for the COVID–19-related legislation does not require employers that. If I were to set aside the Senator
sick and family leave payments made to make payments in excess of from North Dakota’s tax payment and
to their employees. As amended—they amounts eligible for the refundable tax then use it for some purpose, you could
made the technical corrections over
credit and does not require employers go to jail for that in some cases. At
the weekend—the credit is carefully
to pay employment taxes on those least it is inappropriate. I am uncom-
calibrated, in the Treasury’s words, to
amounts. To the contrary, it provides fortable with that. A business might
ensure that there is no sick or family
an important and immediate benefit to only have 7.5 percent of the salary set
leave requirement in excess of the
small businesses and their employees aside for that purpose, but even if it is
credit. The legislation now also in-
for whom financial assistance is needed 15 percent, I am not sure it is enough.
cludes explicit grants of regulatory au-
as quickly as possible. That has been The Treasury Secretary said the
thority to both the Secretary of Labor
the argument of the Secretary of the Treasury understands that, so it will
and the Secretary of the Treasury to
Treasury and his subordinates in con- allow advance payment, and it hopes
ensure consistency between the leave
versations with many of us over the that it can come up with a system that
requirements and the credit provisions.
In addition—and this is what the last few days. That is their intention. would get it there immediately. He
Treasury officials have been saying to Now, I read that in detail because, in hasn’t promised that it would come in
us over the last few days—the legisla- the Dakotas, in Tennessee, and in 1 day. I am sure, if he were here on the
tion now provides that the sick and many places all across this country, if Senate floor, he would like to say his
family leave payments are not consid- my figures are right, there are about 6 objective would be to get it there on
ered wages for employment tax pur- million businesses that could be af- the same day. Well, wanting to get it
poses. The legislation now extends the fected by this mandate, businesses that there on the same day and getting it
employer credit to include costs for the employ 51 million employees—or at there are two different things.
maintenance of health benefits that least that did employ 51 million em- If I am a small business person in
are paid by the employers while em- ployees until all of the problems that Tennessee and know that I am going to
ployees are on leave. have been created by this virus. have to cut a payroll check on Monday
Lastly, the Treasury and the Internal In my having tried to be fair in giv- and that I have no money coming in to
Revenue Service are considering op- ing you what I understand the Treas- pay for it and that there is not enough
tions to provide an advance payment ury’s intention to be, which I think money in my escrow account to pay for
for the refundable credit to ease any will be useful to the owners of small it, I would want my money from the
tax flow burden that a small fraction of businesses, to their accountants, and Federal Government before I would cut
employers may experience. I will have to their lawyers, who are trying to fig- the check.
more to say about that in a minute, ure out the law that was passed today, So I intend to try to amend the legis-
but in plain English, what that means here are my problems with it. lation that we passed this weekend to
is that they are considering a way to No. 1, I am not sure that the Treas- say that, with sick leave and paid fam-
make sure that, before the employer ury can live up to its promise to make ily leave, since Washington is requiring
has to pay this required family leave to sure that the employer has the money it and Washington is paying for it, then
an employee, the Federal Government from the Federal Government before Washington will need to make sure the
has given the money to the employer. the employer has to pay the sick leave employer has the money before the em-
Besides this, the legislation now in- to the employee. ployer has to write the check. That is
cludes an explicit grant of authority, Here is my principle. I think, in these No. 1.
SSpencer on DSKBBXCHB2PROD with SENATE
the Treasury writes, to the Secretary circumstances, sick leave and family No. 2, I want to make sure that the
of Labor to exempt small businesses leave are a good idea. I mean, if some- employer doesn’t have to pay more on
from the only long-term leave require- one is quarantined for 2 weeks, I think sick leave than the Federal Govern-
ments it contains where those require- all of us should have to pay the cost of ment’s cap. There is a cap that, I
ments would result in financial hard- that and, for another 10 weeks, some of think, is about $132,000 annualized pay
ship. the cost of the medical and family on sick leave. If an employee makes
In its conversations with me and in leave. I buy that, and I can support more than that, that employee is going
the writings that it has sent out, the that. Yet I believe, if Washington, DC, to have to take a pay cut or he or she
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S1802 CONGRESSIONAL RECORD — SENATE March 18, 2020
might use the private right of action to ing to be used. I mean, why shouldn’t exposed every day and concerned. They
sue the employer and say: I want you the Mayo Clinic or the Cleveland Clinic are just average citizens asking: How
to pay the gap between the $132,000 and be able to go ahead and develop tests can I get a test and where?
whatever I made. and move ahead with them? Now, they I have heard from the presidents of
You may say, I am not too sympa- can. While we have done a great deal, our major universities, the head of our
thetic to the employee who makes that there is a great deal more that we must hospital system, our Governor, and my
much money. Yet I am not talking do. colleagues in our congressional delega-
about being sympathetic to the em- I am convinced, even if we do as Sen- tion. We have talked repeatedly to our
ployee; I am talking about being sym- ator MCCONNELL has said and pass our director of public health, our secretary
pathetic to the employer who may not phase three legislation this weekend, of health and human services, and I
have any money. Remember, this is a which would include loans to small have heard from business owners, large
Washington mandate, and Washington businesses, direct payments to individ- and small, who run everything from
should pay for it. Through technical uals, and stabilizing payments to air- coffee shops and diners to restaurants
changes this past weekend—and it said lines, for example, and maybe to other and hotels in our State. There is a lot
so in the information I just read—the industries, that there is more to do. of anxiety and concern.
Treasury Department has amended the My guess is that the next step after The folks in my State want to know
bill to try to make that clear, and I that—phase four, let’s call it—will be that we here in Washington are going
hope that it is successful. to look to our State employment com- to put the partisan bickering aside,
No. 3 is with regard to layoffs, and I pensation systems and make sure they find answers, and get resources out to
mentioned the restaurant industry. are able to handle the large numbers of deal with this significant public health
There are 15 million people who work people who are losing their jobs be- emergency.
in the restaurant industry. If they are cause the government is shutting down And so I hope folks take some en-
not laid off now, they are going to be the economy in order to contain the couragement from today’s actions. It
mostly all laid off before very long. Un- disease. passed 90 to 8. Very little passes in this
fortunately, none of those men and I voted for the Johnson amendment Senate 90 to 8, and I have very rarely
women who have been laid off are eligi- today, which was to the bill for which seen a bill of this size, scope, and mag-
ble for this sick leave because you are I later voted, because I thought it was nitude that goes from an idea to bill
going to have to work for 30 days for headed in the right direction. Rather text, to enactment in such a short pe-
this small business, for this company than Washington’s issuing mandates, I riod of time, but this moment demands
with fewer than 500 employees, in order would rather Washington work with it.
to be eligible for the paid sick leave. the States in an existing program and Let me talk through, also, the prior-
I am afraid, as a result of this, many ities that are reflected in the Families
make sure that States have sufficient
employers who are worried about this First Coronavirus Response Act, be-
funding on top of their own funds to
provision may have an incentive to lay cause the name reflects the priorities.
deal with the large numbers of auto-
off more of their employees. The truth Hubert Humphrey, who is a former
workers, restaurant workers, and
is that one doesn’t need much more in- leader in the United States in our po-
centive because you are a restaurant workers at the small kennel that has
two or three employees. In addition to litical community and system, once
and have been told by the local health said, ‘‘The moral test of our govern-
board to close down. You don’t have that, I believe the figure in the weekly
fund is going to have to be higher than ment is how it treats those who are in
any money coming in, and you can’t the dawn of life, the children; those
pay your employees anyway, so you the $327 that it is in Tennessee.
This is unprecedented. We are closing who are in the twilight of life, the el-
don’t have any choice. My point is that
down the economy in order to contain derly; and those who are in the shad-
this is a very limited benefit in the res-
the disease. Because we are doing that, ows of life, the sick, the needy and the
taurant industry and, probably, in
we governments at all levels are going handicapped.’’
many other industries because it does I am pleased that the package just
not help the laid-off employee. to have to pay the bill.
I yield the floor. passed here in the Senate takes impor-
Finally, there has been a lot said
The PRESIDING OFFICER (Mr. tant strides to take care of exactly
with regard to the smallest compa-
CRAMER). The Senator from Delaware. those folks. Children home from
nies—those with fewer than 50 employ-
ees—in that they can apply to the Sec- f school, who need support for learning
retary of Labor and he will make you remotely, and those, in particular, who
CORONAVIRUS rely on school lunch programs for their
exempt from the mandate. I think that
Mr. COONS. Mr. President, the Sen- one good, stable healthy meal a day,
is a good idea because this is the small
mom-and-pop diner or it might be the ate of the United States has just acted. will be able to continue to get school
kennel that I just talked about that It has taken up and passed a roughly lunches delivered, either through their
might have three or four employees $104 billion package of assistance that schools or at home. There are signifi-
and that is not accustomed to dealing will go out to American families, to cant resources in this bill for that.
with all of this Washington legalese American workers, to our healthcare Those who are on the frontlines of this
and its requirements and regulations. system, to our States, and to our com- crisis, the individuals who are cleaning
It is not geared up for that. munities. I want to take a few minutes offices and cleaning hospital rooms and
As I read the language in the law, it to talk about this important step we cleaning Amtrak cars and public buses,
is a much narrower exception than have just taken and where we have to those who are putting themselves di-
that, so I am going to attempt to go next. rectly at risk by cleaning the spaces we
amend the law that passed today in The Delawareans I have heard from all count on for our society, frontline
order to broaden the exception so the today and this week and this month workers, people who are in our first re-
Secretary of Labor has more authority are worried, and they are anxious. sponder community, people who are
to waive the mandate for businesses They have been up all night and are working in our hospital emergency
with fewer than 50 employees. trying to figure out how they are going rooms—this provides support for them.
As I said, there are a number of im- to care for their children who are home And for anyone who is concerned
portant benefits in the bill that we from school and need support and in- about the cost of access to testing, this
passed today, especially on testing. We struction and how they are going to bill makes clear that testing for
SSpencer on DSKBBXCHB2PROD with SENATE
have seen a great increase in the num- care for their parents who are vulner- COVID–19, for this dreaded disease
ber of available tests over the last few able and elderly and sick. They are caused by the novel coronavirus, will
weeks. The Governor of Tennessee said concerned about our hospitals and our have a test for free, including those
yesterday that we have sufficient test- healthcare system and its capacity. without health insurance.
ing. Well, that is for today but maybe They are anxious because they are There are some big pieces in this bill
not for tomorrow or the next day. frontline workers, they are first re- that I will briefly mention. There is
One of the greatest steps forward has sponders, and they are volunteer fire- paid emergency leave for workers at
been to finally allow commercial test- fighters, nurses, and orderlies, who are companies below 500 employees for 2
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1803
weeks of sick leave and up to 10 weeks here in the Senate—support for Am- a really good thing to do is to stop and
of additional paid family and medical trak, a priority for me because I com- kind of take stock of where we are and
leave. We just had a disagreement over mute by Amtrak and it is one of the how it is going to be best to move for-
exactly how that is going to get paid biggest modes of transportation on the ward.
for and how it is going to get com- east coast; support for the airline and I think it is important to realize that
pensated and on what timeline, and we hospitality industries because they em- we have already directed resources to
are going to work out those details. ploy hundreds of thousands of people the coronavirus pandemic. There is the
My office’s website will have an ac- and have seen their business drop off coronavirus supplemental, which was
cessible, readable summary of what is sharply; support for long-term struc- an $8.3 billion piece of legislation. That
in this bill up later tonight. tural changes to how we provide access may seem like a lifetime ago to some
The larger point was that we thought to healthcare, access to skills and of those in our States. It was a couple
it essential that folks who we want to training for our workforce, and access of weeks ago. That money is already
stay home, but who are maybe living to higher education. making its way out. Tennessee re-
paycheck to paycheck, know that they I have heard very concerning stories ceived $10 million this week in order to
will get paid sick leave so they can from the folks who lead some of the work on public health needs around the
stay home and we can slow the spread most important nonprofit and faith coronavirus.
of this disease. and educational institutions in my We also had our President move for-
There is also an increase in funds State, and they are looking to us for ward without hesitation to do the na-
from the Federal Government to States bold and decisive leadership. tional emergency declaration. That
for Medicaid, because a lot of our Last, we must not forget those on the freed up $50 billion of resources. That is
States are going to see increased costs margins of our society—people who are money that is going to our States and
as folks move to Medicaid as the place homeless, people who are incarcerated, our localities to help with the response
they get healthcare as they move to people who are uninsured, people who for this, to get those resources where
unemployment. One hundred million are undocumented. If we want to make they need to go.
dollars in additional resources will go sure that we make our country safe, we Of course, there was legislation that
to the State of Delaware alone to pro- need to practice not just good hygiene, passed today, and in that, I supported
vide support for those who may be not just social distancing, but we need the Johnson amendment. I do fully be-
newly dependent on Medicaid. to refrain from moral distancing. We lieve that working through this with
Then, last is an expansion of unem- need to remember the words of Hubert our unemployment insurance and our
ployment benefits—26 weeks of unem- Humphrey, and we need to be reminded employment security system is the
ployment benefits, including tem- exactly why people look to this Federal way to go. I have supported the payroll
porary unemployment caused because Government for prompt action and for tax holiday. I am one of those who
of COVID–19. significant resources: It is because they have always said: Why should we have
There are more details as to how this look for us to be able to make sure to pay the government to hire some-
temporary unemployment insurance that we see all Americans and that we body? So the payroll tax holiday made
will work, but it will last longer and know that we are all in this together. sense to me. The Johnson amendment
have a higher level of benefit and be I yield the floor. that I cosponsored makes sense to me,
more flexible than previous versions of I suggest the absence of a quorum.
that we could do it because we could
The PRESIDING OFFICER. The
Federal unemployment insurance, and more quickly get resources to individ-
clerk will call the roll.
it is being delivered in partnership The legislative clerk proceeded to uals, from the Federal Government to
with States. call the roll. the taxpayer, to the individual. That is
So those are the biggest pieces of this Mrs. BLACKBURN. Mr. President, I what we need to do at this time.
bill. It is just $104 billion, but the bill ask unanimous consent that the order Tennessee is very blessed. We have
we are already hard at work on will be for the quorum call be rescinded. had a very low unemployment rate.
an order of magnitude greater, likely The PRESIDING OFFICER. Without But what we have seen in the last 2 or
more than $1 trillion. If what we have objection, it is so ordered. 3 weeks is that unemployment claims
seen in terms of anxiety and concern f
have quadrupled, and we expect this is
from families up and down my State going to continue as workers, inde-
and all over our country is any indica- CORONAVIRUS pendent contractors, sole proprietors,
tion, we must take this up quickly and Mrs. BLACKBURN. Mr. President, I and small businesses see their income
enact it. have so appreciated the comments of stream or their revenue stream go from
There are small business owners, my colleagues today as they have come something healthy to zero. That has
whom I have heard from today, who to the floor and they have talked about happened literally overnight, just with-
want to keep employing the folks who how they are approaching what is hap- in a few days as the economy started to
work for them but have lost half of pening with this coronavirus pandemic shut down.
their business since our Governor took and what they are hearing from the What we hear from people is, look,
the bold and necessary step of closing citizens of their States. this is not something we have done, it
our restaurants and bars to all except I know each of us is spending our day is something that has been done to us,
drive-through and delivery service. Ten listening to the people in our States and we are being asked to close our
percent of the folks who work in Dela- and listening to their concerns and doors and to change the way we oper-
ware work in restaurants and hospi- hearing them say: As you look at how ate. So they repeatedly say: Don’t for-
tality. Folks who want to keep their you are going to address this, don’t for- get about us, and do not give us man-
people on payroll but have no work for get about us. Don’t forget about us— dates we cannot afford, because what
them to do face a very hard choice. whether it is independent contractors we need is assistance to bridge that
We need to find ways that we can who are working in the music industry gap.
both defer the payments that are nec- or television producers—I was talking When we talk about mandates that
essary for students, for homeowners, to one last night; they lost $9,000 worth you can’t afford, Tennesseans are very
for businesses, for those who have out- of production work this week—or concerned about the paid family leave
standing payments on SBA loans or on theme park owners who are trying to provisions that are in the legislation
federally guaranteed mortgages or on figure out how they are going to work today. What I have heard repeatedly—
SSpencer on DSKBBXCHB2PROD with SENATE
bank loans where we can work out through this or the CEO of one of our repeatedly—whether it is someone who
some way to provide temporary relief, Nation’s airlines earlier today. People runs a nursing staffing company or a
and then individual payments that will are looking to us to make certain that furniture store or a small manufac-
help students, that will help heads of we address this situation in a way that turing company, is that the tax credit
households, and that will help individ- is going to stabilize it and that is going provision is not going to work with
uals. to provide assistance. cash flow. They mention that repeat-
So there are a lot of different pieces As we have worked through this, one edly. So my hope is that we can come
that are being debated and discussed of the things I think sometimes is just together on a bipartisan basis and we
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S1804 CONGRESSIONAL RECORD — SENATE March 18, 2020
can address the concerns that are there of not being able to get the active PROGRAM
around that because we want our small pharmaceutical ingredients—they are Mr. MCCONNELL. Mr. President, we
businesses to keep those doors open called APIs—those ingredients that are continue to work on the next bill,
and to return to health and vitality. necessary to make vaccines and which is generally referred to as phase
We need to listen to what they are say- antivirals for viruses like the COVID– 3. This will be needed to respond to the
ing, which is, help to stabilize, to assist 19. crisis, and the Senate is going to stay
us and to help us bridge this divide so Right now, China is saying they may
around until we finish the bill and send
that we can come back. not let us have one of the products that
it over to the House.
We also need to be listening to our we need. We commend our scientists
I recommend Senators stay close.
nonprofits that are saying the same and our companies and people like the
While we don’t know exactly how long
thing about the family leave provisions Denison Lab at Vanderbilt University
it will take to get this done, everyone
and their concerns there. for the work they are doing to find
knows that we need to do it as quickly
You know, we have to bear in mind that vaccine and to test that vaccine.
We commend these labs for the work as possible because the situation de-
that all of these employers really care
they are doing to find the right mands it. So we will keep Senators
for and value their employees. They
antivirals to help people fight this so posted. I hope they don’t go too far
want to do right by them. They want
that we are able to slow the growth, away.
to do right by their communities. And
certainly they want to do right by the and we are able to cap the growth in f
country. But they need our listening this.
Now, we know also that as we go MESSAGES FROM THE PRESIDENT
ears, and they need our attention.
Another thing that has come up that through this, telehealth is vitally im- Messages from the President of the
is of concern that was in the legisla- portant. This is something that I have United States were communicated to
tion that cleared the Chamber today is discussed. As you know, I have dis- the Senate by Ms. Roberts, one of his
the Medicaid expansion provisions and cussed it with our conference, I have secretaries.
the way it affects the non-expansion discussed it with the White House, and f
States. It adversely impacts States with the President, and the Vice Presi-
like Tennessee that were non-expan- dent, and I am grateful to see the EXECUTIVE MESSAGES REFERRED
sion States. There are some defini- changes that we have in telehealth As in executive session the Presiding
tional changes that need to be made in that is making it more available. Officer laid before the Senate messages
that provision so that we are not ad- I was talking with a physician from from the President of the United
versely impacting these States. another State—not Tennessee. I was States submitting sundry nominations
For our Tennessee business owners talking with him yesterday, and he and a withdrawal which were referred
and employers, this is a very tedious said: Well, our insurance company, to the appropriate committees.
and emotional time. I talked with an which kind of is the only big insurance (The messages received today are
employer last night who laid off 20 peo- provider in this State, had decided they printed at the end of the Senate
ple at a small business. They had to do would allow telehealth through the end proceedings.)
it in order to keep the doors open. But of the month. It is vitally important
that we move these medically complex f
what they all tell me is that they are
really very grateful that the President, patients and the elderly—especially el- MESSAGE FROM THE HOUSE
the Vice President, and the task force derly who have comorbidities and have
ENROLLED BILL SIGNED
are focused on getting the virus under complex medical situations—to tele-
health. It is important that CMS pro- At 5:03 p.m., a message from the
control, getting the response from our
vide specificity and clarity on how this House of Representatives, delivered by
country under control, and making cer-
is going to be paid for these Medicaid Mrs. Cole, one of its reading clerks, an-
tain that we address the economic and
and Medicare enrollees. nounced that the Speaker pro tempore
financial impact of this. They know
We commend CMS for moving for- (Mr. HOYER) has signed the following
that it is going to be a long way back
ward through the 1135 waiver system— enrolled bill:
on this one, that there isn’t a quick fix.
that section of the code with Med- H.R. 6201. An act making emergency sup-
They realize that the way this all hap-
icaid—for making some adjustments, plemental appropriations for the fiscal year
pened had to do with China and China ending September 30, 2020, and for other pur-
but it is imperative that for these pri-
knowing in December that they had a poses.
vate insurance companies, that we
virus, that they had a problem. Know-
allow more specificity so we can utilize The enrolled bill was subsequently
ing that China has lied to us; they kept
them. signed by the President pro tempore
hidden information; they have not been We have a situation. We know that (Mr. GRASSLEY).
forthcoming; they did not make the this virus came out of Wuhan, China.
viral sample available to us in a timely f
We know they knew about it in Decem-
manner; and that lack of transparency ber. We know that the rest of the world EXECUTIVE AND OTHER
is something that they point to and found out about it about 6 weeks later. COMMUNICATIONS
they say that we are all in this fight We know it has caused a global pan-
together, we want to make certain that The following communications were
demic. We know every life is precious, laid before the Senate, together with
China does not have the ability to take and we grieve the loss of those lives,
down our economy or take down our accompanying papers, reports, and doc-
the inconvenience, and also the loss of uments, and were referred as indicated:
healthcare system. the ability of so many people to have
It is one of the reasons—two of the EC–4333. A communication from the Coun-
their businesses and be able to run sel for Legislation and Regulations, Office of
provisions that I have that will come their businesses, and families who are
before us are provisions that are fo- General Counsel, Department of Housing and
not able to experience what they had Urban Development, transmitting, pursuant
cused on, one, bringing our production planned for this year. to law, the report of a rule entitled ‘‘Adjust-
of pharmaceuticals back to the United So we know that we are going to be ments of Civil Monetary Penalty Amounts
States. Senator MENENDEZ has joined working ahead. We are going to stay for 2020’’ (RIN2501–AD90) received in the Of-
me in this provision, and it is the SAM- here until we get much of this ad- fice of the President of the Senate on March
C bill—Securing America’s Medicine dressed and answer some of the ques- 17, 2020; to the Committee on Banking, Hous-
SSpencer on DSKBBXCHB2PROD with SENATE
Cabinet, the SAM-C legislation. What tions that our constituents have. We do ing, and Urban Affairs.
this would do is incentivize returning EC–4334. A communication from the Assist-
know we have done some work, but
pharmaceutical production to the ant Director for Regulatory Affairs, Office of
there is a lot more work to do, and we Foreign Assets Control, Department of the
United States, allowing our colleges fully realize we can rise to this occa- Treasury, transmitting, pursuant to law, the
and universities to access funds from a sion. report of a rule entitled ‘‘Final Rule to Re-
$100 million grant pool to partner up I yield the floor. move From the Code of Federal Regulations
with pharmaceutical companies so that The PRESIDING OFFICER. The ma- the Terrorism Sanctions Regulations’’ (31
we never find ourselves in the position jority leader. CFR Part 595) received in the Office of the
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1805
President of the Senate on March 17, 2020; to EC–4343. A communication from the Sec- tional Oceanic and Atmospheric Administra-
the Committee on Banking, Housing, and retary of Transportation, transmitting, pur- tion take the lives of the men and women of
Urban Affairs. suant to law, a report entitled ‘‘Annual Re- the Maine lobster industry into account in
EC–4335. A communication from the Chief port on Disability-Related Air Travel Com- the agency’s decision making and under-
of the Forest Service, Department of Agri- plaints Received During Calendar Year 2018’’; stand that the agency’s proposed changes to
culture, transmitting, pursuant to law, a re- to the Committee on Commerce, Science, the Atlantic Large Whale Take Reduction
port relative to the management of the and Transportation. Plan will not save one right whale in Maine
Greater Sage-Grouse habitat on Federal EC–4344. A communication from the Sec- waters but will put many human lives in
lands; to the Committee on Energy and Nat- retary of Commerce, transmitting, pursuant danger: and be it further
ural Resources. to law, a report entitled ‘‘Section 102 of the Resolved, That suitable copies of this reso-
EC–4336. A communication from the Chief Modernizing Recreational Fisheries Manage- lution, duly authenticated by the Secretary
of the Publications and Regulations Branch, ment Act of 2018’’; to the Committee on of State, be transmitted to the Honorable
Internal Revenue Service, Department of the Commerce, Science, and Transportation. Donald J. Trump, President of the United
Treasury, transmitting, pursuant to law, the EC–4345. A communication from the Dep- States, to the President of the United States
report of a rule entitled ‘‘User Fee for Offers uty Chief Counsel for Regulations and Secu- Senate, to the Speaker of the United States
in Compromise’’ ((RIN1545–BN38) (TD 9894)) rity Standards, Transportation Security Ad- House of Representatives, to Dr. Neil Jacobs,
received in the Office of the President of the ministration, Department of Homeland Se- acting Under Secretary of Commerce for
Senate on March 17, 2020; to the Committee curity, transmitting, pursuant to law, the re- Oceans and Atmosphere, and to each Member
on Finance. port of a rule entitled ‘‘Security Training for of the Maine Congressional Delegation.
EC–4337. A communication from the Assist- Surface Transportation Employees’’
ant Attorney General, Office of Legislative (RIN1652–AA55) received in the Office of the POM–192. A petition from a citizen of the
Affairs, Department of Justice, transmit- President of the Senate on March 10, 2020; to State of Texas relative to H.R. 5383 the ‘‘New
ting, pursuant to law, a report entitled ‘‘The the Committee on Commerce, Science, and Way Forward Act’’; to the Committee on the
Department of Justice Freedom of Informa- Transportation. Judiciary.
tion Act 2019 Litigation and Compliance Re- f f
port,’’ and the Uniform Resource Locator
(URL) for all federal agencies’ Freedom of PETITIONS AND MEMORIALS INTRODUCTION OF BILLS AND
Information Act reports; to the Committee The following petitions and memo- JOINT RESOLUTIONS
on the Judiciary.
EC–4338. A communication from the Prin- rials were laid before the Senate and The following bills and joint resolu-
cipal Deputy Assistant Attorney General, Of- were referred or ordered to lie on the tions were introduced, read the first
fice of Legislative Affairs, Department of table as indicated: and second times by unanimous con-
Justice, transmitting, pursuant to law, a re- POM–191. A joint resolution adopted by the sent, and referred as indicated:
port relative to the implementation of the Legislature of the State of Maine respect- By Ms. KLOBUCHAR (for herself, Mr.
recommendations of the 9/11 Commission for fully urging and requesting the National COONS, Mr. KING, and Mr. KAINE):
the period from October 1, 2018, through Oceanic and Atmospheric Administration S. 3515. A bill to establish the Innovation
March 31, 2019; to the Committees on Home- take the lives of the men and women of the and Startups Equity Investment Program in
land Security and Governmental Affairs; Se- Maine lobster industry into account in the the Department of the Treasury, through
lect Committee on Intelligence; and the Ju- agency’s decision making and understand which the Secretary of the Treasury shall al-
diciary. that the agency’s proposed changes to the locate money to certain States to assist
EC–4339. A communication from the Prin- Atlantic Large Whale Take Reduction Plan high-potential scalable startups access ven-
cipal Deputy Assistant Attorney General, Of- will not save one right whale in Maine ture capital to commercialize innovations,
fice of Legislative Affairs, Department of waters but will put many human lives in create jobs, and accelerate economic growth,
Justice, transmitting, pursuant to law, a re- danger; to the Committee on Commerce, and for other purposes; to the Committee on
port relative to the implementation of the Science, and Transportation. Banking, Housing, and Urban Affairs.
recommendations of the 9/11 Commission for SENATE PAPER 762 By Mr. HAWLEY:
the period from April 1, 2019, through Sep- We, your Memorialists, the Members of the S. 3516. A bill to amend the Internal Rev-
tember 30, 2019; to the Committees on Home- One Hundred and Twenty-ninth Legislature enue Code of 1986 to provide emergency fam-
land Security and Governmental Affairs; Se- of the State of Maine now assembled in the ily relief in response to the outbreak of the
lect Committee on Intelligence; and the Ju- Second Regular Session, most respectfully NCOV–19; to the Committee on Finance.
diciary. present and petition the National Oceanic By Ms. KLOBUCHAR (for herself and
EC–4340. A communication from the Prin- Mr. CASEY):
and Atmospheric Administration as follows:
cipal Deputy Assistant Attorney General, Of- Whereas, the men and women who work in S. 3517. A bill to increase the ability of
fice of Legislative Affairs, Department of the Maine lobster industry are constantly at nursing facilities to access to telehealth
Justice, transmitting, pursuant to law, a re- risk of injury and loss of life; and services and obtain technologies to allow
port relative to the implementation of the Whereas, the safety of these workers must virtual visits during the public health emer-
recommendations of the 9/11 Commission for be the primary concern of all government gency relating to an outbreak of coronavirus
the period from April 1, 2018, through Sep- agencies that regulate the ocean; and disease 2019 (COVID–19), and for other pur-
tember 30, 2018; to the Committees on Home- Whereas, the Maine lobster industry has poses; to the Committee on Finance.
land Security and Governmental Affairs; Se- made many changes to help protect the right By Mr. CARDIN (for himself and Ms.
lect Committee on Intelligence; and the Ju- whale; and CANTWELL):
diciary. Whereas, no right whales have been killed S. 3518. A bill to provide grants to small
EC–4341. A communication from the Dep- by Maine lobster gear and deaths in 2019 business concerns, private nonprofit organi-
uty Chief, Consumer and Governmental Af- were predominantly by ship strikes in Cana- zations, and small agricultural cooperatives
fairs Bureau, Federal Communications Com- dian waters or in one instance due to Cana- affected by COVID–19, and for other pur-
mission, transmitting, pursuant to law, the dian fishing gear entanglements; and poses; to the Committee on Small Business
report of a rule entitled ‘‘Structure and Whereas, the National Oceanic and Atmos- and Entrepreneurship.
Practices of the Video Relay Service Pro- pheric Administration has stated that right By Mr. COONS (for himself, Mr.
gram; Telecommunications Relay Services whales likely are not traveling in the waters CARDIN, Ms. KLOBUCHAR, Ms.
and Speech-to-Speech Services for Individ- in which Maine lobster fishing occurs; and DUCKWORTH, Mr. WYDEN, Mr. MAR-
uals with Hearing and Speech Disabilities, Whereas, the proposal to modify the exist- KEY, Mrs. SHAHEEN, Mr. TESTER, Mrs.
Order on Reconsideration and Order Sus- ing Atlantic Large Whale Take Reduction GILLIBRAND, Mr. KING, Ms. HIRONO,
pending Compliance Deadline’’ (CG Docket Plan developed by the National Oceanic and and Ms. HASSAN):
Nos. 10–51 and 03–123) received in the Office of Atmospheric Administration will not save S. 3519. A bill to authorize the Adminis-
the President of the Senate on March 12, any right whales in Maine waters but will trator of the Small Business Administration
2020; to the Committee on Commerce, put the lives of workers in the Maine lobster to subsidize payments on loans guaranteed
Science, and Transportation. industry at great risk; and under the 7(a) and 504 loan programs or made
EC–4342. A communication from the Chair- Whereas, the lobster industry is one of using funds under the microloan program,
man of the Office of Proceedings, Surface Maine’s core traditional natural resource in- and for other purposes; to the Committee on
SSpencer on DSKBBXCHB2PROD with SENATE
Transportation Board, Department of Trans- dustries and has employed generations of Small Business and Entrepreneurship.
portation, transmitting, pursuant to law, the Maine’s citizens; and By Mr. COONS (for himself, Mr. GARD-
report of a rule entitled ‘‘Exclusion of De- Whereas, the lobster industry contributes NER, Mr. KAINE, Mrs. SHAHEEN, Ms.
murrage Regulation from Certain Class Ex- $1.5 billion to Maine’s economy and entire HASSAN, and Mr. PETERS):
emptions’’ (Docket No. EP 760) received dur- communities depend upon the work that the S. 3520. A bill to waive, for 1 year, the cost
ing adjournment of the Senate in the Office lobster industry provides; Now, therefore, be sharing requirements of the Hollings Manu-
of the President of the Senate on March 13, it facturing Extension Partnership, and for
2020; to the Committee on Commerce, Resolved, That We, your Memorialists, re- other purposes; to the Committee on Com-
Science, and Transportation. spectfully urge and request that the Na- merce, Science, and Transportation.
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S1806 CONGRESSIONAL RECORD — SENATE March 18, 2020
By Mr. COTTON: By Mr. CRAMER: sess, evaluate, and address the depend-
S. 3521. A bill to provide assistance S. 3533. A bill authorize and establish min- ence of the United States on critical
through tax rebates, certain Federal assist- imum standards for electronic and remote drugs and devices sourced or manufac-
ance programs, and business loans, and for notarizations that occur in or affect inter-
other purposes; to the Committee on Fi- tured outside of the United States.
state commerce, to require any Federal
nance. court located in a State to recognize S. 3502
By Mr. COTTON: notarizations performed by a notary public At the request of Mr. CRAMER, the
S. 3522. A bill to extend and expand the commissioned by another State when the no- name of the Senator from South Caro-
temporary assistance for needy families tarization occurs in or affects interstate lina (Mr. SCOTT) was added as a cospon-
(TANF) program and related programs to re- commerce, and to require any State to rec-
spond to the COVID–19 public health emer- sor of S. 3502, a bill to delay the imple-
ognize notarizations performed by a notary
gency, and for other purposes; to the Com- mentation date of the current expected
public commissioned by another State when
mittee on Finance. the notarization occurs in or affects inter- credit losses methodology for esti-
By Mr. COTTON: state commerce or when the notarization mating allowances for credit losses,
S. 3523. A bill to provide for the temporary was performed under or relates to a public and for other purposes.
funding of the expansion of eligibility of un- act, record, or judicial proceeding of the f
employment compensation to respond to the
State in which the notary public was com-
COVID–19 public health emergency, and for SUBMITTED RESOLUTIONS
missioned; to the Committee on the Judici-
other purposes; to the Committee on Fi-
ary.
nance.
By Mr. COTTON: f SENATE RESOLUTION 546—RECOG-
S. 3524. A bill to modify terms related to
SUBMISSION OF CONCURRENT AND NIZING THE WEEK OF MARCH 15
the economic injury disaster loan program of
the Small Business Administration for appli- SENATE RESOLUTIONS THROUGH MARCH 21, 2020, AS
cants affected by COVID–19, and for other ‘‘NATIONAL POISON PREVENTION
The following concurrent resolutions WEEK’’ AND ENCOURAGING COM-
purposes; to the Committee on Small Busi-
ness and Entrepreneurship. and Senate resolutions were read, and MUNITIES ACROSS THE UNITED
By Mrs. SHAHEEN: referred (or acted upon), as indicated: STATES TO RAISE AWARENESS
S. 3525. A bill to allow a tax credit for cer- By Mr. BROWN (for himself and Mr. OF THE DANGERS OF POISONING
tain coronavirus-related charitable contribu- SCOTT of South Carolina):
tions for taxable year 2020; to the Committee
AND PROMOTE POISONING PRE-
S. Res. 546. A resolution recognizing the
on Finance. VENTION
week of March 15 through March 21, 2020, as
By Mr. REED: ‘‘National Poison Prevention Week’’ and en- Mr. BROWN (for himself and Mr.
S. 3526. A bill to restrict the authority of couraging communities across the United SCOTT of South Carolina) submitted
the Secretary of the Treasury to purchase or States to raise awareness of the dangers of the following resolution; which was re-
guarantee assets in response to the poisoning and promote poisoning prevention;
coronavirus disease (COVID–19) outbreak; to ferred to the Committee on Health,
to the Committee on Health, Education,
the Committee on Finance. Education, Labor, and Pensions:
Labor, and Pensions.
By Mr. MARKEY (for himself, Mr. DUR- By Mr. MARKEY (for himself, Mr. S. RES. 546
BIN, and Mr. DAINES): JONES, Ms. WARREN, Mr. BROWN, Mr. Whereas the designation of National Poi-
S. 3527. A bill to waive required minimum BLUMENTHAL, Mrs. SHAHEEN, Mr. son Prevention Week was first authorized by
distribution rules for retirement plans in BOOKER, Mr. BENNET, Ms. Congress and President Kennedy in 1961 in
2020; to the Committee on Finance. DUCKWORTH, Mr. VAN HOLLEN, Mr. Public Law 87–319 (75 Stat. 681);
By Mr. MARKEY: MENENDEZ, Mr. PETERS, Mr. CARPER, Whereas National Poison Prevention Week
S. 3528. A bill to amend the Internal Rev-
and Ms. SMITH): occurs during the third full week of March
enue Code of 1986 to suspend the inclusion in
S. Res. 547. A resolution encouraging the each year;
gross income of Social Security benefits; to
President to use authorities provided by the Whereas the American Association of Poi-
the Committee on Finance.
Defense Production Act of 1950 to scale up son Control Centers (referred to in this pre-
By Ms. KLOBUCHAR (for herself, Mr.
the national response to the coronavirus cri- amble as the ‘‘AAPCC’’) works with the 55
WYDEN, Ms. HIRONO, Ms. BALDWIN,
sis; to the Committee on Banking, Housing, poison control centers in the United States—
Mr. COONS, Mr. SANDERS, Mr. MAR-
and Urban Affairs. (1) to track more than 1,000 commonly used
KEY, Mr. VAN HOLLEN, Mr. BOOKER,
household and workplace products; and
Ms. SMITH, Ms. HARRIS, Mr. JONES, f (2) to track poisonings and the sources of
Mrs. FEINSTEIN, Mr. PETERS, Mr.
ADDITIONAL COSPONSORS those poisonings;
DURBIN, Mr. MERKLEY, Mr. MURPHY,
Whereas 2,000,000 people call the poison
Ms. STABENOW, Mr. BLUMENTHAL, Mr. S. 3056 help line annually to reach a poison control
WARNER, Mrs. MURRAY, Mr. HEINRICH,
At the request of Mr. DURBIN, the center;
Mr. UDALL, Ms. WARREN, Ms.
name of the Senator from New York Whereas, as reported to the AAPCC, more
DUCKWORTH, and Ms. CANTWELL):
S. 3529. A bill to require States to establish (Mrs. GILLIBRAND) was added as a co- than 90 percent of poison exposures reported
to local poison control centers occur in the
contingency plans for the conduct of elec- sponsor of S. 3056, a bill to designate as
tions for Federal office in response to na- home;
wilderness certain Federal portions of Whereas local poison control centers save
tional disasters and emergencies, and for the red rock canyons of the Colorado
other purposes; to the Committee on Rules the people of the United States $1,800,000,000
Plateau and the Great Basin Deserts in in medical costs per year;
and Administration.
By Mr. MARKEY: the State of Utah for the benefit of Whereas the AAPCC and poison control
S. 3530. A bill to amend the National Secu- present and future generations of peo- centers partner with the Centers for Disease
rity Act of 1947 to require the President to ple in the United States. Control and Prevention, the Food and Drug
designate an employee of the National Secu- Administration, and State and local health
S. 3190
rity Council to be responsible for pandemic departments to monitor occurrences of envi-
At the request of Mr. DURBIN, the ronmental, biological, and emerging threats
prevention and response, and for other pur-
poses; to the Committee on Homeland Secu- name of the Senator from Ohio (Mr. in communities across the United States, in-
rity and Governmental Affairs. BROWN) was added as a cosponsor of S. cluding food poisoning, botulism, and
By Mr. MENENDEZ (for himself and 3190, a bill to authorize dedicated do- vaping-associated lung injury;
Ms. CORTEZ MASTO): mestic terrorism offices within the De- Whereas, in the United States—
S. 3531. A bill to amend the Small Business partment of Homeland Security, the (1) more than 300 children 19 years of age
Act to ensure small businesses affected by and younger are treated in emergency de-
Department of Justice, and the Federal
the onset of communicable diseases are eligi- partments for poisoning every day; and
ble for disaster relief; to the Committee on
Bureau of Investigation to analyze and (2) 980 children 19 years of age and younger
Small Business and Entrepreneurship. monitor domestic terrorist activity die as a result of being poisoned each year;
and require the Federal Government to
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By Mrs. CAPITO (for herself and Mrs. Whereas children younger than 6 years of
SHAHEEN): take steps to prevent domestic ter- age constitute nearly 1⁄2 of all poison expo-
S. 3532. A bill to amend titles XVIII and rorism. sures each year;
XIX of the Social Security Act to provide S. 3478
Whereas, from 2010 to 2018, data from poi-
coverage of prescription digital therapeutics son control centers revealed a significant in-
for the treatment of mental health and sub- At the request of Mr. DURBIN, the crease of 9.9 percent in the number of inten-
stance use disorders under the Medicare and name of the Senator from Alaska (Mr. tional suicide patients who were adolescents
Medicaid programs, and for other purposes; SULLIVAN) was added as a cosponsor of 10 to 19 years of age, and that increase dis-
to the Committee on Finance. S. 3478, a bill to require a report to as- proportionately occurred among females;
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1807
Whereas, in 2018— SENATE RESOLUTION 547—ENCOUR- (4) supports the use of authorities under
(1) more than 114,000 children 19 years of AGING THE PRESIDENT TO USE title III of the Defense Production Act of 1950
age and younger were treated in an emer- AUTHORITIES PROVIDED BY THE (50 U.S.C. 4531 et seq.) to provide financial in-
gency room due to unintended pediatric poi- centives to manufacturers and suppliers of
DEFENSE PRODUCTION ACT OF
soning; and critical medical equipment, including loans,
1950 TO SCALE UP THE NA- loan guarantees, direct purchases, and pur-
(2) more than 90 percent of those incidents
occurred in the home, most often with blood TIONAL RESPONSE TO THE chase commitments; and
pressure medications, acetaminophen, laun- CORONAVIRUS CRISIS (5) supports the use of authorities under
dry packets, bleach, or sedatives or anti-anx- Mr. MARKEY (for himself, Mr. title VII of the Defense Production Act of
iety medication; JONES, Ms. WARREN, Mr. BROWN, Mr. 1950 (50 U.S.C. 4551 et seq.) to establish vol-
Whereas 70,237 cases of death due to drug BLUMENTHAL, Mrs. SHAHEEN, Mr. BOOK- untary agreements between the Federal Gov-
overdose were reported in the United States ernment and private industry that would
ER, Mr. BENNET, Ms. DUCKWORTH, Mr.
in 2017, and the majority of those cases, ap- allow for the temporary coordination of pro-
proximately 68 percent, involved an opioid;
VAN HOLLEN, Mr. MENENDEZ, Mr. duction of necessary and scarce medical sup-
Whereas the most common medications PETERS, Mr. CARPER, and Ms. SMITH) plies.
that adults call the poison help line about submitted the following resolution;
f
are analgesics, antipsychotics, which was referred to the Committee
antidepressants, and cardiovascular medica- on Banking, Housing, and Urban Af- AMENDMENTS SUBMITTED AND
tions; fairs: PROPOSED
Whereas pain medications— S. RES. 547 SA 1556. Mr. PAUL proposed an amend-
(1) lead the list of the most common sub- Whereas more than 3,800 people in the ment to the bill H.R. 6201, making emer-
stances implicated in adult poison exposures; United States have already tested positive gency supplemental appropriations for the
and for the novel coronavirus across 49 States, fiscal year ending September 30, 2020, and for
(2) are the single most frequent cause of the District of Columbia, and 3 territories, other purposes.
pediatric fatalities reported to the AAPCC; with experts believing the number is already SA 1557. Mr. KENNEDY submitted an
Whereas poison control centers issue guid- much higher; amendment intended to be proposed by him
ance and provide support to individuals, in- Whereas the Centers for Disease Control to the bill H.R. 6201, supra; which was or-
cluding individuals who experience medica- and Prevention have projected that between dered to lie on the table.
tion and dosing errors; 160,000,000 and 214,000,000 people could be in- SA 1558. Mr. JOHNSON (for himself, Mr.
Whereas more than 60 percent of thera- fected by the novel coronavirus in the United TOOMEY, Mr. BRAUN, Mr. SCOTT of Florida,
peutic errors involve individuals 20 years of States over the course of the pandemic; Mr. LEE, Mrs. BLACKBURN, Mr. COTTON, Mr.
age or older, with more than 1⁄2 of those in- Whereas the United States health care sec- CRUZ, Mrs. LOEFFLER, Mr. PERDUE, Mr.
volving patients older than 50 years of age, tor is facing severe shortages of critical sup- SASSE, and Mr. BARRASSO) proposed an
and common errors include drug inter- plies for coronavirus testing and treatment, amendment to the bill H.R. 6201, supra.
actions, incorrect dosing route, incorrect including personal protective equipment for SA 1559. Mrs. MURRAY (for herself, Mrs.
timing of doses, and double doses; staff and infected patients, N95 respirators, GILLIBRAND, and Ms. HARRIS) proposed an
Whereas normal, curious children younger sanitizing materials, ventilators, and test amendment to the bill H.R. 6201, supra.
than 6 years of age— kit supplies; SA 1560. Mr. MORAN submitted an amend-
(1) are in stages of growth and development Whereas the Strategic National Stockpile ment intended to be proposed by him to the
in which they are constantly exploring and contains only a fraction of the supplies that bill H.R. 6201, supra; which was ordered to lie
investigating the world around them; and the Department of Health and Human Serv- on the table.
(2) are often unable to read or recognize ices estimates will be necessary to respond f
warning labels; to the coronavirus crisis, with the stockpile
Whereas the AAPCC— currently holding less than 0.3 percent of the TEXT OF AMENDMENTS
(1) engages in community outreach by edu- amount of respirators estimated to be nec- SA 1556. Mr. PAUL proposed an
cating the public on poison safety and poi- essary; amendment to the bill H.R. 6201, mak-
soning prevention; and Whereas the President has the existing au- ing emergency supplemental appropria-
(2) provides educational resources, mate- thority under the Defense Production Act of
rials, and guidelines to educate the public on tions for the fiscal year ending Sep-
1950 (50 U.S.C. 4501 et seq.) to take immediate
poisoning prevention; action to mobilize United States industry for tember 30, 2020, and for other purposes;
Whereas individuals can reach a poison emergency preparedness activities conducted as follows:
control center from anywhere in the United pursuant to title VI of the Robert T. Stafford At the appropriate place, insert the fol-
States by calling the poison help line at 1- Disaster Relief and Emergency Assistance lowing:
800-222-1222; Act (42 U.S.C. 5195 et seq.), which has been SEC. lll. SOCIAL SECURITY NUMBER REQUIRE-
Whereas, despite regulations of the Con- previously used to respond to public health MENT FOR CHILD TAX CREDIT.
sumer Product Safety Commission requiring hazards; and (a) IN GENERAL.—Paragraph (1) of section
that a child-resistant package be designed or Whereas the President issued a national 24(e) of the Internal Revenue Code of 1986 is
constructed to be significantly difficult for emergency declaration relating to the novel amended to read as follows:
children under 5 years of age to open, or ob- coronavirus under section 501(b) of the Rob- ‘‘(1) SOCIAL SECURITY NUMBER REQUIRED.—
tain a harmful amount of the contents, with- ert T. Stafford Disaster Relief and Emer- No credit shall be allowed under this section
in a reasonable time, children can still get gency Assistance Act (42 U.S.C. 5191(b)) on to a taxpayer with respect to any qualifying
into child-resistant packages; and March 13, 2020: Now, therefore, be it child unless the taxpayer includes the social
Whereas, each year during National Poison Resolved, That the Senate— security number of such child on the return
Prevention Week, the Federal Government (1) calls on the President to use existing of tax for the taxable year. For purposes of
assesses the progress made by the Federal authorities under the Defense Production the preceding sentence, the term ‘social se-
Government in saving lives and reaffirms the Act of 1950 (50 U.S.C. 4501 et seq.) to mas- curity number’ means a social security num-
national commitment of the Federal Govern- sively and quickly ramp up production in the ber issued to an individual by the Social Se-
ment to preventing injuries and deaths from United States of medical supplies, including curity Administration, but only if the social
poisoning: Now, therefore, be it personal protective equipment, needed to re- security number is issued—
Resolved, That the Senate— spond to the ongoing public health emer- ‘‘(A) to a citizen of the United States or
(1) recognizes the week of March 15 gency driven by the spread of the novel pursuant to subclause (I) (or that portion of
through March 21, 2020, as ‘‘National Poison coronavirus; subclause (III) that relates to subclause (I))
Prevention Week’’; (2) urges the President to prioritize the use of section 205(c)(2)(B)(i) of the Social Secu-
(2) expresses gratitude for the people who of those authorities to produce and secure rity Act, and
operate or support poison control centers in additional personal protective equipment, ‘‘(B) before the due date for such return.’’.
their local communities; test kit supplies, respirators, ventilators, (b) CONFORMING AMENDMENTS.—
(3) supports efforts and resources to pro- and sanitizing materials for use within the (1) Subsection (h) of section 24 of such Code
vide poison prevention guidance or emer- health care sector in the United States; is amended—
SSpencer on DSKBBXCHB2PROD with SENATE
gency assistance in response to poisonings; (3) supports the use of authorities under (A) by striking ‘‘paragraph (7)’’ in para-
and title I of the Defense Production Act of 1950 graph (4)(C) and inserting ‘‘subsection
(4) encourages— (50 U.S.C. 4511 et seq.) to allocate and control (e)(1)’’,
(A) the people of the United States to edu- the distribution of medical materials needed (B) by striking paragraph (7), and
cate their communities and families about for testing and treating the novel (C) by striking ‘‘(2) through (7)’’ in para-
poison safety and poisoning prevention; and coronavirus, including by directing suppliers graph (1) and inserting ‘‘(2) through (6)’’.
(B) health care providers to practice and to prioritize and accept government con- (2) Section 6213(g)(2)(I) of such Code is
promote poison safety and poisoning preven- tracts to restock the Strategic National amended by striking ‘‘TIN’’ and inserting
tion. Stockpile where necessary; ‘‘social security number’’.
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S1808 CONGRESSIONAL RECORD — SENATE March 18, 2020
(c) EFFECTIVE DATE.—The amendments (1) it is the intention of Congress and the section that are above and beyond the bene-
made by this section shall apply to taxable administration to provide immediate finan- fits currently provided under each State’s
years beginning after the date of the enact- cial support to workers who will be idled and current unemployment insurance law for
ment of this Act. lose pay and benefits because of COVID-19; benefits paid under this program; and
SEC. lll. TRANSFER AUTHORITY. (2) Federally mandated sick pay and paid (2) reimburse any employer who employs
(a) IN GENERAL.—Notwithstanding any family leave will prompt some employers fewer than 500 employees and who volun-
other provision of law, the President may who cannot afford this mandate to preemp- tarily provides paid leave to an employee for
transfer, as necessary and without limita- tively terminate the employment of workers the reasons described in subsection (a) an
tion, amounts from any account in the they no longer have work for due to cir- amount equal to two-thirds of the actual
Treasury to any other account in the Treas- cumstances surrounding COVID-19; payment made up to $1,000 per week and not
ury being used for the purpose of combating, (3) even without that negative incentive, to exceed $10,000 per employee.
addressing, or ameliorating the coronavirus the COVID-19 will cause many Americans to (g) NATIONAL UNEMPLOYMENT RATE.—For
pandemic. lose their jobs, and not be eligible for Feder- purposes of calculating the National unem-
(b) CONGRESSIONAL NOTIFICATION.—The ally mandated sick pay or family and med- ployment rate, the Bureau of Labor Statis-
President shall submit to Congress, on each ical leave, so the only income support will be tics of the Department of Labor shall not in-
of the following dates, a notification detail- unemployment insurance; and clude workers obtaining temporary emer-
ing each transfer made under subsection (a) (4) it would be more efficient to administer gency Federal coronavirus unemployment
during the time period preceding the notifi- this Federal financial support for workers insurance benefits.
cation: using only one, rather than two or more pro- (h) REGULATORY AUTHORITIES.—
(1) July 1, 2020. grams. (1) LABOR.—The Secretary of Labor (or the
(2) October 1, 2020. SEC. ll. TEMPORARY EMERGENCY FEDERAL Secretary’s delegate) shall prescribe such
(3) January 1, 2021. CORONAVIRUS UNEMPLOYMENT IN- regulations or other guidance as may be nec-
(c) EXPIRATION.—The transfer authority in SURANCE BENEFIT PROGRAM. essary to carry out the purposes of this sec-
subsection (a) shall expire on December 31, (a) IN GENERAL.—In order to receive the tion.
2020. credit against the Federal Unemployment (2) TREASURY.—The Secretary of Treasury
SEC. lll. TERMINATION OF UNITED STATES Tax Act (26 U.S.C. 23), States shall provide (or the Secretary’s delegate) shall prescribe
MILITARY OPERATIONS AND RECON- temporary emergency Federal coronavirus such regulations or other guidance as may be
STRUCTION ACTIVITIES IN AFGHANI- unemployment insurance benefits to any in- necessary to carry out the purpose of this
STAN. dividual who has worked for pay at any time section.
(a) TERMINATION.—Military operations of in the last 30 days and who for any calendar (i) SUNSET.—The temporary emergency
the United States Armed Forces and recon- day is not able to engage in employment due Federal coronavirus unemployment insur-
struction activities of the United States to any of the following reasons: ance benefit program under this section shall
Government in Afghanistan are hereby ter- (1) The individual is subject to a Federal, expire on the earlier of the date of the termi-
minated. State, or local quarantine or isolation order nation of the national emergency declared
(b) DEADLINE FOR COMPLETE CESSATION.— related to COVID-19. by the President under the National Emer-
Not later than December 31, 2020— (2) The individual has been advised by a gencies Act (50 U.S.C. 1601 et seq.) with re-
(1) all United States Armed Forces shall be health care provider to self-quarantine due spect to the Coronavirus Disease 2019
removed from Afghanistan; and to concerns related to COVID-19. (COVID-19) or December 31, 2020.
(2) all reconstruction activities of the (3) The individual is experiencing symp-
United States Government in Afghanistan toms of COVID-19 and seeking medical diag- SA 1559. Mrs. MURRAY (for herself,
shall be wound up. nosis; Mrs. GILLIBRAND, and Ms. HARRIS) pro-
(c) PROHIBITION ON USE OF FUNDS.—Appro- (4) The individual is caring for an indi- posed an amendment to the bill H.R.
priated funds may not be obligated or ex- vidual who is subject to an order as described
pended in connection with military oper-
6201, making emergency supplemental
in paragraph (1) or has been advised as de- appropriations for the fiscal year end-
ations and reconstruction activities de- scribed in paragraph (2);
scribed in subsection (a) after December 31, (5) The individual is caring for a son or
ing September 30, 2020, and for other
2020. daughter under the age of 18 years of such in- purposes; as follows:
dividual if the school or place of care of the At the appropriate place, insert the fol-
SA 1557. Mr. KENNEDY submitted an son or daughter has been closed, or the child lowing:
amendment intended to be proposed by care provider of such son of daughter is un- DIVISION ll—PAID SICK TIME AND PAID
him to the bill H.R. 6201, making emer- available, due to COVID-19 precautions. LEAVE
gency supplemental appropriations for (6) The individual is subject to a temporary SECTION l001. SHORT TITLE.
the fiscal year ending September 30, lay-off under section 604.5(a)(3) of title 20, This division may be cited as the ‘‘Pro-
2020, and for other purposes; which was Code of Federal Regulations, due to COVID- viding Americans Insured Days of Leave Act
ordered to lie on the table; as follows: 19. of 2020’’.
(b) WAITING PERIOD.—States shall not re-
At the appropriate place in division A, in- TITLE I—GENERAL PROVISIONS
quire any waiting period in order to receive
sert the following: benefits for those individuals described in SEC. l101. ADJUSTMENT TO THE FAMILIES FIRST
TITLE lll subsection (a). CORONAVIRUS RESPONSE ACT.
DEPARTMENT OF ENERGY (c) BENEFITS.— Notwithstanding any other provision of
(1) IN GENERAL.—States shall pay benefits this Act, divisions, C, E, and G shall have no
SPR PETROLEUM ACCOUNT force or effect.
to those individuals described in subsection
For an additional amount for the SPR Pe- TITLE II—IMMEDIATE REIMBURSEMENT
(a) on a weekly basis for each calendar day
troleum Account established under section OF EMPLOYERS FOR PAID SICK DAYS
an individual is not able to engage in em-
167(a) of the Energy Policy and Conservation AND PAID LEAVE FOR PUBLIC HEALTH
ployment for up to 14 weeks.
Act (42 U.S.C. 6247(a)), $3,000,000,000, to be de- EMERGENCIES
(2) CALCULATION.—
rived by transfer from the amounts provided
(A) AMOUNT.—The weekly benefit shall be SEC. l201. IMMEDIATE REIMBURSEMENT OF EM-
by section 129(a) of the Consolidated Secu-
the lesser of— PLOYERS FOR PAID SICK DAYS AND
rity, Disaster Assistance, and Continuing PAID LEAVE FOR PUBLIC HEALTH
(i) two-thirds of the individual’s average
Appropriations Act, 2009 (Public Law 110–329; EMERGENCIES.
weekly earnings; or
122 Stat. 3578), to remain available until Sep- (a) DEFINITIONS.—In this title, the terms
(ii) $1,000.
tember 30, 2020. ‘‘covered individual’’, ‘‘employer’’, ‘‘paid
(B) DETERMINATIONS.—The amount of an
individual’s average weekly earnings shall be sick time’’, and ‘‘Secretary’’ have the mean-
SA 1558. Mr. JOHNSON (for himself, ings given the terms in section l301.
determined by the State.
Mr. TOOMEY, Mr. BRAUN, Mr. SCOTT of (d) RETROACTIVE APPLICATION.—States (b) GENERAL AUTHORITY.—
Florida, Mr. LEE, Mrs. BLACKBURN, Mr. shall make temporary emergency Federal (1) REIMBURSEMENT.—An employer of a
COTTON, Mr. CRUZ, Mrs. LOEFFLER, Mr. coronavirus unemployment insurance bene- covered individual who uses paid sick time
PERDUE, Mr. SASSE, and Mr. BARRASSO) fits under this section retroactively avail- or emergency paid leave under title III dur-
proposed an amendment to the bill able to March 1, 2020. ing 2020 or 2021 shall be reimbursed by the
SSpencer on DSKBBXCHB2PROD with SENATE
H.R. 6201, making emergency supple- (e) WORK REQUIREMENTS.—Individuals re- Secretary of the Treasury out of the Treas-
ceiving temporary emergency Federal ury of the United States for the wages paid
mental appropriations for the fiscal to the covered individual for the period dur-
coronavirus unemployment insurance bene-
year ending September 30, 2020, and for fits under this section shall not be required ing which the covered individual used the
other purposes; as follows: to search for work. paid sick time or emergency paid leave.
Strike divisions C, E, and G. (f) FEDERAL REIMBURSEMENTS.—The Fed- (2) PROCESS.—
At the end of division D, add the following: eral government shall— (A) INFORMATION.—To be eligible to receive
SEC. ll. SENSE OF CONGRESS. (1) reimburse States for the full cost of such reimbursement, the employer shall sub-
It is the sense of Congress that— complying with the requirements under this mit to the Secretary of Labor an affidavit
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1809
that attests that the employer provided such (29 U.S.C. 203(e)), who is not covered under 3(a) of the Fair Labor Standards Act of 1938
paid sick time or emergency paid leave, and subparagraph (E), except that a reference in (29 U.S.C. 203(a)).
related records showing the period of and such section to an employer shall be consid- (C) PREDECESSORS.—Any reference in this
wages associated with the paid sick time or ered to be a reference to an employer de- paragraph to an employer shall include a ref-
emergency paid leave. scribed in clauses (i)(I) and (ii) of paragraph erence to any predecessor of such employer.
(B) DETERMINATION.—The Secretary shall (6)(A); or (7) EMPLOYMENT BENEFITS.—The term ‘‘em-
review the information in the affidavit and (ii) an employee of the Government Ac- ployment benefits’’ means all benefits pro-
records and come to a determination regard- countability Office; vided or made available to covered individ-
ing the validity of such information within 5 (B) a State employee described in section uals by an employer, including group life in-
business days after receipt. If the Secretary 304(a) of the Government Employee Rights surance, health insurance, disability insur-
does not make a determination within the 5- Act of 1991 (42 U.S.C. 2000e–16c(a)); ance, sick leave, annual leave, educational
business-day period, on the sixth business (C) a covered employee, as defined in sec- benefits, and pensions, regardless of whether
day after receipt of such information the tion 101 of the Congressional Accountability such benefits are provided by a practice or
Secretary shall be deemed to have deter- Act of 1995 (2 U.S.C. 1301), other than an ap- written policy of an employer or through an
mined the information to be valid. plicant for employment; ‘‘employee benefit plan’’, as defined in sec-
(C) REIMBURSEMENT.—Upon the Secretary’s (D) a covered employee, as defined in sec- tion 3(3) of the Employee Retirement Income
determination that the information is valid tion 411(c) of title 3, United States Code; or Security Act of 1974 (29 U.S.C. 1002(3)).
and that the employer provided an amount (E) a Federal officer or employee covered (8) FLSA TERMS.—The terms ‘‘employ’’ and
of such paid sick time or emergency paid
under subchapter V of chapter 63 of title 5, ‘‘State’’ have the meanings given the terms
leave to a covered individual, the Secretary
United States Code, or any other individual in section 3 of the Fair Labor Standards Act
shall transmit the determination, affidavit,
occupying a position in the civil service (as of 1938 (29 U.S.C. 203).
and records to the Secretary of the Treasury,
that term is defined in section 2102(1) of title (9) HEALTH CARE PROVIDER.—The term
and the Secretary of the Treasury shall pro-
5, United States Code). ‘‘health care provider’’ means a provider
vide timely reimbursement out of the Treas-
(6) EMPLOYER.— who—
ury of the United States. The Secretary of
(A) IN GENERAL.—The term ‘‘employer’’ (A)(i) is a doctor of medicine or osteopathy
the Treasury shall provide that reimburse-
ment not later than 2 business days after re- means a person who is— who is authorized to practice medicine or
ceipt of the determination from the Sec- (i)(I) a covered employer, as defined in sub- surgery (as appropriate) by the State in
retary of Labor. paragraph (B), who is not covered under sub- which the doctor practices; or
(c) FRAUD.—The Secretary of Labor and clause (V); (ii) is any other person determined by the
the Secretary of the Treasury shall both (II) an entity employing a State employee Secretary to be capable of providing health
have authority to investigate fraud under described in section 304(a) of the Government care services; and
this section and to seek recovery of fraudu- Employee Rights Act of 1991; (B) is not employed by an employer for
lently obtained funds and related penalties (III) an employing office, as defined in sec- whom the provider issues certification under
in any court of competent jurisdiction. tion 101 of the Congressional Accountability this title.
TITLE III—PAID SICK DAYS AND PAID Act of 1995; (10) PAID SICK TIME.—The term ‘‘paid sick
LEAVE FOR PUBLIC HEALTH EMER- (IV) an employing office, as defined in sec- time’’ means an increment of compensated
GENCIES tion 411(c) of title 3, United States Code; or leave that—
(V) an employing agency covered under (A) can be—
SEC. l301. DEFINITIONS.
subchapter V of chapter 63 of title 5, United (i) earned by a covered individual for use
In this title:
States Code; and during an absence from employment or work
(1) CHILD.—The term ‘‘child’’ means a bio-
(ii) engaged in commerce (including gov- for a reason described in any paragraph of
logical, foster, or adopted child, a stepchild,
a child of a domestic partner, a legal ward, ernment), or an industry or activity affect- section l302(b); or
or a child of a person standing in loco ing commerce (including government), as de- (ii) provided by an employer during a pub-
parentis. fined in subparagraph (B)(iii). lic health emergency for use during an ab-
(2) COVERED INDIVIDUAL.—The term ‘‘cov- (B) COVERED EMPLOYER.— sence from employment or work for a reason
ered individual’’ means an individual who (i) IN GENERAL.—In subparagraph (A)(i)(I), described in any paragraph of section
is— the term ‘‘covered employer’’— l302(b); and
(A) an employee; or (I) means any person engaged in commerce (B) is compensated at a rate that is not
(B) an individual performing any services or in any industry or activity affecting com- less than the greatest of—
or labor for remuneration for an employer, merce who employs 1 or more employees; (i) the covered individual’s regular rate of
regardless of whether the individual is clas- (II) includes— pay;
sified as an independent contractor by the (aa) any person who acts directly or indi- (ii) the minimum wage rate provided for in
employer. rectly in the interest of (within the meaning section 6(a)(1) of the Fair Labor Standards
(3) DOMESTIC PARTNER.— of section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)); or
(A) IN GENERAL.—The term ‘‘domestic part- Act of 1938 (29 U.S.C. 203(d)) an employer in (iii) the minimum wage rate provided for
ner’’, with respect to an individual, means relation to any of the employees of such em- in the applicable State or local law for the
another individual with whom the individual ployer; and State or locality in which the covered indi-
is in a committed relationship. (bb) any successor in interest of an em- vidual is employed or works.
(B) COMMITTED RELATIONSHIP DEFINED.— ployer; (11) PARENT.—The term ‘‘parent’’ means a
The term ‘‘committed relationship’’ means a (III) includes any ‘‘public agency’’, as de- biological, foster, or adoptive parent of a
relationship between 2 individuals, each at fined in section 3(x) of the Fair Labor Stand- covered individual, a stepparent of a covered
least 18 years of age, in which each indi- ards Act of 1938 (29 U.S.C. 203(x)); and individual, a parent-in-law of a covered indi-
vidual is the other individual’s sole domestic (IV) includes the Government Account- vidual, a parent of a domestic partner of a
partner and both individuals share responsi- ability Office. covered individual, or a legal guardian or
bility for a significant measure of each oth- (ii) PUBLIC AGENCY.—For purposes of sub- other person who stood in loco parentis to a
er’s common welfare. The term includes any clause (III) or (IV) of clause (i), a public covered individual when the covered indi-
such relationship between 2 individuals, in- agency shall be considered to be a person en- vidual was a child.
cluding individuals of the same sex, that is gaged in commerce or in an industry or ac- (12) PUBLIC HEALTH EMERGENCY.—The term
granted legal recognition by a State or polit- tivity affecting commerce. ‘‘public health emergency’’ means—
ical subdivision of a State as a marriage or (iii) DEFINITIONS.—For purposes of this sub- (A) a public health emergency—
analogous relationship, including a civil paragraph: (i) declared by the Secretary of Health and
union or domestic partnership. (I) COMMERCE.—The terms ‘‘commerce’’ Human Services for a jurisdiction, or by a
(4) DOMESTIC VIOLENCE.—The term ‘‘domes- and ‘‘industry or activity affecting com- State or local public health official with au-
tic violence’’ has the meaning given the term merce’’ mean any activity, business, or in- thority to declare such an emergency for the
in section 40002(a) of the Violence Against dustry in commerce or in which a labor dis- State or jurisdiction within the State; and
Women Act of 1994 (34 U.S.C. 12291(a)), except pute would hinder or obstruct commerce or (ii) due to a public health condition that
that the reference in such section to the the free flow of commerce, and include is—
term ‘‘jurisdiction receiving grant monies’’ ‘‘commerce’’ and any ‘‘industry affecting (I) emergent and acute;
SSpencer on DSKBBXCHB2PROD with SENATE
shall be deemed to mean the jurisdiction in commerce’’, as defined in paragraphs (1) and (II) not a longstanding, chronic public
which the victim lives or the jurisdiction in (3) of section 501 of the Labor Management health condition; and
which the employer involved is located. Such Relations Act, 1947 (29 U.S.C. 142 (1) and (3)). (B) an emergency with respect to
term also includes dating violence, as that (II) EMPLOYEE.—The term ‘‘employee’’ has coronavirus, as defined in section 506 of the
term is defined in such section. the same meaning given such term in section Coronavirus Preparedness and Response Sup-
(5) EMPLOYEE.—The term ‘‘employee’’ 3(e) of the Fair Labor Standards Act of 1938 plemental Appropriations Act, 2020 (Public
means an individual who is— (29 U.S.C. 203(e)). Law 116–123), declared by a Federal, State, or
(A)(i) an employee, as defined in section (III) PERSON.—The term ‘‘person’’ has the local public official.
3(e) of the Fair Labor Standards Act of 1938 same meaning given such term in section (13) QUALIFIED CAREGIVING.—
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S1810 CONGRESSIONAL RECORD — SENATE March 18, 2020
(A) IN GENERAL.—The term ‘‘qualified be entitled to use the earned paid sick time public official with jurisdiction, or at the
caregiving’’ means any activity engaged in beginning on the 60th calendar day following employer’s discretion, due to a public health
by an individual, other than regular employ- commencement of the covered individual’s emergency.
ment, for a reason for which an eligible em- employment or work. After that 60th cal- (4) An absence because a Federal or State
ployee would be entitled to leave under sub- endar day, the covered individual may use public official with jurisdiction or a health
paragraphs (A) through (E) of paragraph (1) the paid sick time as the time is earned. An care provider has determined, or the covered
of section 102(a) of the Family and Medical employer may, at the discretion of the em- individual has independently determined,
Leave Act of 1993 (29 U.S.C. 2612(a)). ployer, loan paid sick time to a covered indi- that the covered individual’s presence in the
(B) DETERMINATION OF WHETHER AN ACTIV- vidual for use by such covered individual in community may jeopardize the health of
ITY CONSTITUTES QUALIFIED CAREGIVING.—For advance of the covered individual earning others because of the covered individual’s ex-
purposes of determining whether an activity such sick time as provided in this subsection posure to a communicable disease during a
engaged in by an individual constitutes and may permit use before the 60th day of public health emergency or the exhibition of
qualified caregiving under subparagraph employment or work. symptoms of a communicable disease during
(A)— (B) PUBLIC HEALTH EMERGENCY.—Subpara- a public health emergency, regardless of
(i) the term ‘‘spouse’’ (as used in section graph (A) shall not apply with respect to ad- whether the covered individual has actually
102(a) of the Family and Medical Leave Act ditional paid sick time provided under sub- contracted the communicable disease.
(29 U.S.C. 2612(a))) includes the individual’s section (c). In the event of a public health (5) An absence for the purpose of caring for
domestic partner; and emergency, a covered individual may imme- a child, a parent, a spouse, a domestic part-
(ii) the term ‘‘son or daughter’’ (as used in diately use the accrued or additional paid ner, or any other individual related by blood
such section) includes a son or daughter (as sick time described in subsection (c), regard- or affinity whose close association with the
defined in section 101 of such Act (29 U.S.C. less of how long the covered individual has covered individual is the equivalent of a fam-
2611) of the individual’s domestic partner. been employed by or working for an em- ily relationship—
(14) SECRETARY.—The term ‘‘Secretary’’ ployer. (A) who has any of the conditions or needs
means the Secretary of Labor. (4) CARRYOVER.— for diagnosis or care described in paragraph
(15) SEXUAL ASSAULT.—The term ‘‘sexual (A) IN GENERAL.—Except as provided in (4);
assault’’ has the meaning given the term in subparagraph (B), paid sick time earned (B) who is a child, if the child’s school or
section 40002(a) of the Violence Against under this subsection shall carry over from 1 place of care has been closed by order of a
Women Act of 1994 (34 U.S.C. 12291(a)). year to the next. Federal or State public official with jurisdic-
(16) SPOUSE.—The term ‘‘spouse’’, with re- (B) CONSTRUCTION.—This subsection shall tion or at the discretion of the school or
spect to a covered individual, has the mean- not be construed to require an employer to place of care due to a public health emer-
ing given such term by the marriage laws of permit a covered individual to earn more gency, including if a school or entity oper-
the State in which the marriage was cele- than 56 hours of earned paid sick time at a ating the place of care is physically closed
brated. given time. but is providing education or care to the
(17) STALKING.—The term ‘‘stalking’’ has (5) EMPLOYERS WITH EXISTING POLICIES.— child remotely; or
the meaning given the term in section Any employer with a paid leave policy who (C) because a Federal or State public offi-
40002(a) of the Violence Against Women Act makes available an amount of paid leave
cial with jurisdiction or a health care pro-
of 1994 (34 U.S.C. 12291(a)). that is sufficient to meet the requirements
vider has determined that the presence in
(18) VICTIM SERVICES ORGANIZATION.—The of this subsection and that may be used for
the community of the person receiving care
term ‘‘victim services organization’’ means a the same purposes and under the same condi-
may jeopardize the health of others because
nonprofit, nongovernmental organization tions as the purposes and conditions outlined
of the person’s exposure to a communicable
that provides assistance to victims of domes- in subsection (b) shall not be required to per-
disease during a public health emergency, re-
tic violence, sexual assault, or stalking or mit a covered individual to earn more paid
gardless of whether the person has actually
advocates for such victims, including a rape sick time under this subsection.
contracted the communicable disease.
crisis center, an organization carrying out a (6) CONSTRUCTION.—Nothing in this section
(6) An absence for the purpose of caring for
domestic violence, sexual assault, or stalk- shall be construed as requiring financial or
ing prevention or treatment program, an or- other reimbursement to a covered individual a child, a parent, a spouse, a domestic part-
ganization operating a shelter or providing from an employer upon the covered individ- ner, or any other individual related by blood
counseling services, or a legal services orga- ual’s termination, resignation, retirement, or affinity whose close association with the
nization or other organization providing as- or other separation from employment or covered individual is the equivalent of a fam-
sistance through the legal process. work for paid sick time that has not been ily relationship—
(19) WORK.—The term ‘‘work’’ means to be used. (A) who has any of the conditions or needs
employed or to be engaged in providing labor (7) REINSTATEMENT.—If a covered indi- for diagnosis or care described in paragraph
or services for an employer. vidual is separated from employment or (1) or (2);
SEC. l302. PAID SICK TIME AND EMERGENCY work with an employer and is rehired or re- (B) who is a child, if the covered individual
PAID LEAVE. engaged for work, within 12 months after is required to attend a school meeting or a
(a) EARNING OF PAID SICK TIME.— that separation, by the same employer, the meeting at a place where the child is receiv-
(1) IN GENERAL.— employer shall reinstate the covered individ- ing care necessitated by the child’s health
(A) EARNING.—Subject to subsection (c) ual’s previously earned paid sick time under condition or disability; or
and paragraph (2), an employer shall provide this subsection. The covered individual shall (C) who is otherwise in need of care.
each covered individual employed by or be entitled to use the earned paid sick time (7) An absence resulting from domestic vio-
working for the employer not less than 1 and earn more paid sick time at the re- lence, sexual assault, or stalking, if the time
hour of earned paid sick time for every 30 commencement of employment or work with is to—
hours worked, to be used as described in sub- the employer. (A) seek medical attention for the covered
section (b). (8) PROHIBITION.—An employer may not re- individual or the covered individual’s child,
(B) LIMIT.—An employer shall not be re- quire, as a condition of providing paid sick parent, spouse, domestic partner, or an indi-
quired to permit a covered individual to time under this title, that the covered indi- vidual related to the covered individual as
earn, under this subsection, more than 56 vidual involved search for or find a replace- described in paragraph (6), to recover from
hours of paid sick time in a year, unless the ment covered individual to cover the hours physical or psychological injury or disability
employer chooses to set a higher limit. during which the covered individual is using caused by domestic violence, sexual assault,
(2) EXEMPT EMPLOYEES.— paid sick time. or stalking;
(A) IN GENERAL.—Except as provided in (9) SCHEDULING.—A covered individual shall (B) obtain or assist a related person de-
paragraph (3), for purposes of this sub- make a reasonable effort to schedule a pe- scribed in paragraph (6) in obtaining services
section, an employee who is exempt from riod of accrued paid sick time under this sub- from a victim services organization;
overtime requirements under section 13(a)(1) section in a manner that does not unduly (C) obtain or assist a related person de-
of the Fair Labor Standards Act of 1938 (29 disrupt the operations of the employer. scribed in paragraph (6) in obtaining psycho-
U.S.C. 213(a)(1)) shall be assumed to work 40 (b) USES.—Paid sick time or emergency logical or other counseling;
hours in each workweek. paid leave under this section may be used by (D) seek relocation; or
(B) SHORTER NORMAL WORKWEEK.—If the a covered individual for any of the following: (E) take legal action, including preparing
normal workweek of such an employee is less (1) An absence resulting from a physical or for or participating in any civil or criminal
legal proceeding related to or resulting from
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than 40 hours, the employee shall earn paid mental illness, injury, or medical condition
sick time under this subsection based upon of the covered individual. domestic violence, sexual assault, or stalk-
that normal workweek. (2) An absence resulting from obtaining ing.
(3) DATES FOR BEGINNING TO EARN PAID SICK professional medical diagnosis or care, or (c) ADDITIONAL PAID SICK TIME FOR PUBLIC
TIME AND USE.— preventive medical care, for the covered in- HEALTH EMERGENCY.—
(A) IN GENERAL.—Covered individuals shall dividual. (1) ADDITIONAL PAID SICK TIME.—On the
begin to earn paid sick time under this sub- (3) An absence resulting from the closure date of a declaration of a public health emer-
section at the commencement of their em- of a covered individual’s place of employ- gency, an employer in the jurisdiction in-
ployment or work. A covered individual shall ment or work by order of a Federal or State volved shall provide each covered individual
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1811
of the employer in that jurisdiction with ad- (a)(5)) and in addition to additional paid sick or (6) of subsection (b) be supported by a cer-
ditional paid sick time, in addition to any time under subsection (c). tification issued by the health care provider
amount of paid sick time accrued by the cov- (2) AMOUNT OF PAID LEAVE.—In receiving of the covered individual or of an individual
ered individual under subsection (a) (includ- emergency paid leave under paragraph (1), described in subsection (b)(6), as appropriate,
ing paid leave referred to in subsection the covered individual shall receive 12 weeks if the period of such time covers more than
(a)(5)). of such paid leave. 3 consecutive workdays.
(2) AMOUNT OF PAID SICK TIME.—In receiving (3) AMOUNT OF BENEFIT.—In receiving emer- (ii) TIMELINESS.—The covered individual
additional paid sick time under paragraph gency paid leave under paragraph (1), the shall provide a copy of such certification to
(1), the covered individual shall receive— covered individual shall be compensated at a the employer in a timely manner, not later
(A) for a full-time salaried covered indi- rate that is not less than the greatest of—
than 30 days after the first day of the period
vidual, a specified amount of paid sick time (A) two-thirds of the covered individual’s
of time. The employer shall not delay the
that is sufficient to provide the covered indi- regular rate of pay;
commencement of the period of time on the
vidual with 14 continuous days away from (B) the minimum wage rate provided for in
section 6(a)(1) of the Fair Labor Standards basis that the employer has not yet received
work without a reduction in pay; and
Act of 1938 (29 U.S.C. 206(a)(1)); or the certification.
(B) subject to paragraph (3), for a part-
(C) the minimum wage rate provided for in (B) SUFFICIENT CERTIFICATION.—
time, hourly, or piece-rate covered indi-
the applicable State or local law for the (i) IN GENERAL.—A certification provided
vidual, a specified amount of paid sick time
State or locality in which the covered indi- under subparagraph (A) shall be sufficient if
equal to the number of hours that the cov-
ered individual was scheduled to work or, if vidual is employed or working. it states—
not so scheduled, regularly works in a 14-day (4) USE OF LEAVE.—The emergency paid (I) the date on which the period of time
period. leave described in this subsection shall be will be needed;
(3) VARYING SCHEDULE HOURS CALCULA- available for immediate use by the covered (II) the probable duration of the period of
TION.— individual for the purposes described in any time;
(A) IN GENERAL.—In the case of a part- paragraph of subsection (b), and for qualified (III) the appropriate medical facts within
time, hourly, or piece-rate covered indi- caregiving, beginning on the date a public the knowledge of the health care provider re-
vidual described in paragraph (2)(B) whose health emergency is declared, regardless of garding the condition involved, subject to
schedule varies from week to week to such how long the covered individual has been em- clause (ii); and
an extent that an employer is unable to de- ployed by or working for an employer. (IV)(aa) for purposes of paid sick time
termine with certainty the number of hours (5) PERIODS.—A covered individual may under subsection (b)(1), a statement that ab-
the covered individual regularly works, the take the emergency paid leave on the sched- sence from work is medically necessary;
employer shall use the rules specified in sub- ule that meets the covered individual’s (bb) for purposes of such time under sub-
paragraph (B) to calculate the amount of ad- needs, consistent with subsection (b) and the section (b)(2), the dates on which testing for
ditional paid sick time that the covered indi- definition of qualified caregiving, including a medical diagnosis or care is expected to be
vidual shall receive under paragraph (2)(B). taking the emergency paid leave intermit- given and the duration of such testing or
(B) SPECIAL CALCULATION RULES.—The em- tently or on a reduced leave schedule, and an care; and
ployer shall calculate that amount as— employer may not require a covered indi- (cc) for purposes of such time under sub-
vidual to take the emergency paid leave in a
(i) subject to clause (ii), a number equal to section (b)(6), in the case of time to care for
single period or on any other schedule speci-
the average number of hours that the cov- someone who is not a child, a statement that
fied by the employer.
ered individual was scheduled to work per 14- care is needed for an individual described in
(6) SEQUENCING.—During a public health
day period over the 6-month period ending on such subsection, and an estimate of the
emergency, a covered individual may first
the date on which the covered individual amount of time that such care is needed for
use the additional sick time for the purposes
takes such additional paid sick time, includ- such individual.
described in any paragraph of subsection (b).
ing hours for which the covered individual (ii) LIMITATION.—In issuing a certification
The covered individual may then use the
took leave of any type; or under subparagraph (A), a health care pro-
emergency paid leave during a public health
(ii) if the covered individual did not work emergency. A covered individual may elect vider shall make reasonable efforts to limit
over such 6-month period, the reasonable ex- to use accrued sick time before additional the medical facts described in clause (i)(III)
pectation of the covered individual at the sick time or emergency paid leave. An em- that are disclosed in the certification to the
time of hiring or engagement of the average ployer may not require a covered individual minimum necessary to establish a need for
number of hours per 14-day period that the to use accrued sick time or any other paid the covered individual to utilize paid sick
covered individual would regularly be sched- leave provided by the employer to the cov- time.
uled to work. ered individual, before using additional sick (C) PUBLIC HEALTH EMERGENCIES.—No cer-
(4) GUIDELINES.—Not later than 5 days time or emergency paid leave. tification or other documentation may be re-
after the date of the enactment of this Act, (7) CONSTRUCTION.—Nothing in this section quired under this title by an employer dur-
the Secretary of Labor shall issue guidelines shall be construed as requiring financial or ing any public health emergency.
to assist employers in calculating the other reimbursement to a covered individual (D) REGULATIONS.—Regulations prescribed
amount of additional paid sick time that a from an employer upon the covered individ- under section l311 shall specify the manner
covered individual shall receive under this ual’s termination, resignation, retirement, in which a covered individual who does not
subsection. or other separation from employment or have health insurance shall provide a certifi-
(5) USE OF LEAVE.—The additional sick work for emergency paid leave that has not
time and accrued sick time described in this cation for purposes of this paragraph.
been used. (E) CONFIDENTIALITY AND NONDISCLOSURE.—
subsection shall be available for immediate (8) PROHIBITION.—An employer may not re-
use by the covered individual for the pur- (i) PROTECTED HEALTH INFORMATION.—Noth-
quire, as a condition of providing emergency ing in this title shall be construed to require
poses described in any paragraph of sub- paid leave under this title, that the covered
section (b) beginning on the date a public a health care provider to disclose informa-
individual involved search for or find a re- tion in violation of section 1177 of the Social
health emergency is declared, regardless of placement covered individual to cover the
how long the covered individual has been em- Security Act (42 U.S.C. 1320d–6) or the regu-
hours during which the covered individual is lations promulgated pursuant to section
ployed by or working for an employer. using emergency paid leave.
(6) PERIODS.—A covered individual may 264(c) of the Health Insurance Portability
(e) PROCEDURES.—
take the additional sick time on the sched- and Accountability Act of 1996 (42 U.S.C.
(1) IN GENERAL.—Paid sick time and emer-
ule that meets the covered individual’s gency paid leave shall be provided upon the 1320d–2 note).
needs, consistent with subsection (b), includ- oral or written request of a covered indi- (ii) HEALTH INFORMATION RECORDS.—If an
ing taking the additional sick time intermit- vidual. Such request shall— employer possesses health information about
tently or on a reduced leave schedule, and an (A) include the expected duration of the pe- a covered individual or a covered individual’s
employer may not require a covered indi- riod of such time or leave; child, parent, spouse, domestic partner, or an
vidual to take the additional sick time in a (B) in a case in which the need for such pe- individual related to the covered individual
single period or on any other schedule speci- riod of time is foreseeable at least 7 days in as described in subsection (b)(6), such infor-
fied by the employer. advance of such period, be provided at least mation shall—
(d) EMERGENCY PAID LEAVE FOR PUBLIC 7 days in advance of such period; and (I) be maintained on a separate form and in
a separate file from other personnel informa-
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HEALTH EMERGENCY.— (C) otherwise, be provided as soon as prac-
(1) IN GENERAL.—During a public health ticable after the covered individual is aware tion;
emergency, an employer in the jurisdiction of the need for such period. (II) be treated as a confidential medical
involved shall provide each covered indi- (2) CERTIFICATION IN GENERAL.— record; and
vidual of the employer in that jurisdiction (A) PROVISION.— (III) not be disclosed except to the affected
with emergency paid leave, in addition to (i) IN GENERAL.—Subject to subparagraphs covered individual or with the permission of
any amount of paid sick time accrued by the (C) and (D), an employer may require that a the affected covered individual.
covered individual under subsection (a) (in- request for paid sick time under this section (3) CERTIFICATION IN THE CASE OF DOMESTIC
cluding paid leave referred to in subsection for a purpose described in paragraph (1), (2), VIOLENCE, SEXUAL ASSAULT, OR STALKING.—
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S1812 CONGRESSIONAL RECORD — SENATE March 18, 2020
(A) IN GENERAL.—An employer may require the Social Security Act (42 U.S.C. 1381 et (B) using the taking of paid sick time or
that a request for paid sick time for a pur- seq.). emergency paid leave under this title as a
pose described in subsection (b)(7) be sup- SEC. l303. EMPLOYMENT UNDER MULTIEM- negative factor in an employment action or
ported by any one of the following forms of PLOYER COLLECTIVE BARGAINING work-related action, such as hiring, pro-
documentation, but the employer may not AGREEMENTS. motion, reducing hours or number of shifts,
specify the particular form of documentation (a) EMPLOYERS.—An employer signatory to or a disciplinary action; or
to be provided: a multiemployer collective bargaining agree- (C) counting the paid sick time or emer-
(i) A police report indicating that the cov- ment may, consistent with its bargaining ob- gency paid leave under a no-fault attendance
ered individual, or a member of the covered ligations and its collective bargaining agree- policy or any other absence control policy.
individual’s family described in subsection ment, fulfill its obligations under this title (2) DISCRIMINATION.—It shall be unlawful
(b)(7), was a victim of domestic violence, sex- by making contributions to a multiemployer for any employer to discharge or in any
ual assault, or stalking. fund, plan, or program based on the hours of other manner discriminate against (includ-
(ii) A court order protecting or separating paid sick time, and of emergency paid leave, ing retaliating against) any individual, in-
the covered individual or a member of the each of its employees is entitled to under cluding a job applicant, for opposing any
covered individual’s family described in sub- this title while working under the multiem- practice made unlawful by this title.
section (b)(7) from the perpetrator of an act ployer collective bargaining agreement, pro- (b) INTERFERENCE WITH PROCEEDINGS OR IN-
of domestic violence, sexual assault, or vided that the fund, plan, or program enables QUIRIES.—It shall be unlawful for any person
stalking, or other evidence from the court or employees to secure pay from such fund, to discharge or in any other manner dis-
prosecuting attorney that the covered indi- plan, or program based on the hours the em- criminate against (including retaliating
vidual or a member of the covered individ- ployees have worked under the multiem- against) any individual, including a job ap-
ual’s family described in subsection (b)(7) ployer collective bargaining agreement and plicant, because such individual—
has appeared in court or is scheduled to ap- for the amount of time and uses specified (1) has filed an action, or has instituted or
pear in court in a proceeding related to do- under this title. caused to be instituted any proceeding,
(b) EMPLOYEES.—Employees who work
mestic violence, sexual assault, or stalking. under or related to this title;
under a multiemployer collective bargaining
(iii) Other documentation signed by a cov- (2) has given, or is about to give, any infor-
agreement into which their employers make
ered individual or volunteer working for a mation in connection with any inquiry or
contributions as provided in subsection (a)
victim services organization, an attorney, a proceeding relating to any right provided
may secure pay from such fund, plan, or pro-
police officer, a medical professional, a so- under this title; or
gram based on hours the employees have
cial worker, an antiviolence counselor, or a (3) has testified, or is about to testify, in
worked under the multiemployer collective
member of the clergy, affirming that the any inquiry or proceeding relating to any
bargaining agreement for the amount of
covered individual or a member of the cov- right provided under this title.
time and uses specified under this title.
ered individual’s family described in sub- (c) CONSTRUCTION.—Nothing in this section
SEC. l304. NOTICE REQUIREMENT.
section (b)(7) is a victim of domestic vio- shall be construed to state or imply that the
(a) IN GENERAL.—Each employer shall no-
lence, sexual assault, or stalking. scope of the activities prohibited by section
tify each covered individual and include in
(B) REQUIREMENTS.—The requirements of 105 of the Family and Medical Leave Act of
any covered individual handbook the infor-
paragraph (2) shall apply to certifications 1993 (29 U.S.C. 2615) is less than the scope of
mation described in paragraphs (1) through
under this paragraph, except that— the activities prohibited by this section.
(4). Each employer shall post and keep post-
(i) subclauses (III) and (IV) of subparagraph SEC. l306. ENFORCEMENT AUTHORITY.
ed a notice, to be prepared or approved in ac-
(B)(i) and subparagraph (B)(ii) of such para- (a) IN GENERAL.—
cordance with procedures specified in regula-
graph shall not apply; (1) DEFINITION.—In this subsection—
tions prescribed under section l311, setting
(ii) the certification shall state the reason (A) the term ‘‘employee’’ means an em-
forth excerpts from, or summaries of, the
that the leave is required with the facts to ployee described in subparagraph (A) or (B)
pertinent provisions of this title including—
be disclosed limited to the minimum nec- of section l301(5) or a corresponding covered
(1) information describing paid sick time
essary to establish a need for the covered in- individual; and
and paid emergency leave available to cov-
dividual to be absent from work, and the (B) the term ‘‘employer’’ means an em-
ered individuals under this title;
covered individual shall not be required to ployer described in subclause (I) or (II) of
(2) information pertaining to the filing of
explain the details of the domestic violence, section l301(6)(A)(i).
an action under this title;
sexual assault, or stalking involved; and (2) INVESTIGATIVE AUTHORITY.—
(3) the details of the notice requirement for
(iii) with respect to confidentiality under (A) IN GENERAL.—To ensure compliance
a foreseeable period of time under section
subparagraph (E) of such paragraph, any in- with the provisions of this title, or any regu-
l302(e)(1)(B); and
formation provided to the employer under lation or order issued under this title, the
(4) information that describes—
this paragraph shall be confidential, except Secretary shall have, subject to subpara-
(A) the protections that a covered indi-
to the extent that any disclosure of such in- graph (C), the investigative authority pro-
vidual has in exercising rights under this
formation is— vided under section 11(a) of the Fair Labor
title; and
(I) requested or consented to in writing by Standards Act of 1938 (29 U.S.C. 211(a)), with
(B) how the covered individual can contact
the covered individual; or respect to employers, employees, and other
the Secretary (or other appropriate author-
(II) otherwise required by applicable Fed- individuals affected.
ity as described in section l306) if any of the
eral or State law. (B) OBLIGATION TO KEEP AND PRESERVE
(f) RESTORATION TO POSITION.—The provi- rights are violated.
(b) LOCATION.—The notice described under RECORDS.—An employer shall make, keep,
sions of section 104(a) of the Family and and preserve records pertaining to compli-
subsection (a) shall be posted—
Medical Leave Act of 1993 (29 U.S.C. 2614(a)) ance with this title in accordance with sec-
or section 6384 of title 5, United States Code, (1) in conspicuous places on the premises of
the employer, where notices to covered indi- tion 11(c) of the Fair Labor Standards Act of
as the case may be, shall apply to a covered
viduals (including applicants) are custom- 1938 (29 U.S.C. 211(c)) and in accordance with
individual taking accrued or additional paid
arily posted; or regulations prescribed by the Secretary.
sick time, or emergency paid leave, under
(2) in covered individual handbooks. (C) REQUIRED SUBMISSIONS GENERALLY LIM-
this title, and to the employer of the covered
(c) MODEL NOTICE.—Not later than 5 days ITED TO AN ANNUAL BASIS.—The Secretary
individual. Such provisions shall be enforced
in accordance with this title. after the date of enactment of this Act, the shall not require, under the authority of this
(g) MAINTENANCE OF HEALTH BENEFITS.— Secretary of Labor shall make publicly paragraph, an employer to submit to the
The provisions of section 104(c)(1) of the available a model notice that meets the re- Secretary any books or records more than
Family and Medical Leave Act of 1993 (29 quirements of subsection (a). once during any 12-month period, unless the
U.S.C. 2614(c)(1)) shall apply to a covered in- (d) VIOLATION; PENALTY.—Any employer Secretary has reasonable cause to believe
dividual taking accrued or additional paid who willfully violates the posting require- there may exist a violation of this title or
sick time, or emergency paid leave, under ments of this section shall be subject to a any regulation or order issued pursuant to
this title, and to the employer of the covered civil fine in an amount not to exceed $100 for this title, or is investigating a charge pursu-
individual. Such provisions shall be enforced each separate offense. ant to paragraph (4).
in accordance with this title. SEC. l305. PROHIBITED ACTS. (D) SUBPOENA AUTHORITY.—For the pur-
(h) NO EFFECT ON ELIGIBILITY FOR SUPPLE- (a) INTERFERENCE WITH RIGHTS.— poses of any investigation provided for in
MENTAL SECURITY INCOME.—Any paid sick (1) EXERCISE OF RIGHTS.—It shall be unlaw- this paragraph, the Secretary shall have the
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time or emergency paid leave provided to a ful for any employer to interfere with, re- subpoena authority provided for under sec-
covered individual under this title shall not strain, or deny the exercise of, or the at- tion 9 of the Fair Labor Standards Act of
be regarded as income or resources for any tempt to exercise, any right provided under 1938 (29 U.S.C. 209).
month, for purposes of determining the eligi- this title, including— (3) CIVIL ACTION BY EMPLOYEES OR INDIVID-
bility of the recipient (or the recipient’s (A) discharging or discriminating against UALS.—
spouse or family) for benefits or assistance, (including retaliating against) any indi- (A) RIGHT OF ACTION.—An action to recover
or the amount or extent of benefits or assist- vidual, including a job applicant, for exer- the damages or equitable relief prescribed in
ance, under the supplemental security in- cising, or attempting to exercise, any right subparagraph (C) may be maintained against
come program established under title XVI of provided under this title; any employer in any Federal or State court
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1813
of competent jurisdiction by one or more (B) WILLFUL VIOLATION.—In the case of an sistance for any program or activity of a
employees or individuals or their representa- action brought for a willful violation of sec- State shall constitute a waiver of sovereign
tive for and on behalf of— tion l305 (including a willful violation relat- immunity, under the 11th Amendment to the
(i) the employees or individuals; or ing to rights provided under section l302), Constitution or otherwise, to a suit brought
(ii) the employees or individuals and oth- such action may be brought within 3 years of by a covered individual of that program or
ers similarly situated. the date of the last event constituting the activity under this title for equitable, legal,
(B) NO WAIVER.—In such an action brought alleged violation for which such action is or other relief authorized under this title.
by one or more employees or individuals or brought. (2) OFFICIAL CAPACITY.—An official of a
their representative for and on behalf of the (C) COMMENCEMENT.—In determining when State may be sued in the official capacity of
persons described in clause (i) or (ii) of sub- an action is commenced under paragraph (3), the official by any covered individual who
paragraph (A), to enforce the rights in this (4), or (6) for the purposes of this paragraph, has complied with the procedures under sub-
title, no court of competent jurisdiction may it shall be considered to be commenced on section (a)(3), for injunctive relief that is au-
grant an employer’s motion to compel arbi- the date when the complaint is filed. thorized under this title. In such a suit the
tration, under chapter 1 of title 9, United (6) ACTION FOR INJUNCTION BY SECRETARY.— court may award to the prevailing party
States Code, or any analogous State arbitra- The district courts of the United States shall those costs authorized by section 722 of the
tion statute, of the claims involved. An em- have jurisdiction, for cause shown, in an ac- Revised Statutes (42 U.S.C. 1988).
ployee’s right to bring an action on behalf of tion brought by the Secretary— (3) APPLICABILITY.—With respect to a par-
similarly situated employees to enforce such (A) to restrain violations of section l305 ticular program or activity, paragraph (1)
rights may not be subject to any private (including a violation relating to rights pro- applies to conduct occurring on or after the
agreement that purports to require the em- vided under section l302), including the re- day, after the date of enactment of this Act,
ployees to pursue claims on an individual straint of any withholding of payment of on which a State first receives or uses Fed-
basis. wages, salary, employment benefits, or other eral financial assistance for that program or
(C) LIABILITY.—Any employer who violates compensation, plus interest, found by the activity.
section l305 (including a violation relating court to be due to employees or individuals (4) DEFINITION OF PROGRAM OR ACTIVITY.—In
to rights provided under section l302) shall eligible under this title; or this subsection, the term ‘‘program or activ-
be liable to any employee or individual af- (B) to award such other equitable relief as ity’’ has the meaning given the term in sec-
fected— may be appropriate, including employment, tion 606 of the Civil Rights Act of 1964 (42
(i) for damages equal to— reinstatement, and promotion. U.S.C. 2000d–4a).
(I) the amount of— (7) SOLICITOR OF LABOR.—The Solicitor of SEC. l307. EDUCATION AND OUTREACH.
(aa) any wages, salary, employment bene- Labor may appear for and represent the Sec- The Secretary may conduct a public
fits, or other compensation denied or lost by retary on any litigation brought under para- awareness campaign to educate and inform
reason of the violation; or graph (4) or (6). the public of the requirements for paid sick
(bb) in a case in which wages, salary, em- (8) GOVERNMENT ACCOUNTABILITY OFFICE.— time and paid emergency leave required by
ployment benefits, or other compensation Notwithstanding any other provision of this this title.
have not been denied or lost, any actual subsection, in the case of the Government SEC. l308. EFFECT ON OTHER LAWS.
monetary losses sustained as a direct result Accountability Office, the authority of the
of the violation up to a sum equal to 56 hours (a) FEDERAL AND STATE ANTIDISCRIMINA-
Secretary of Labor under this subsection
of wages or salary for the employee or indi- TION LAWS.—Nothing in this title shall be
shall be exercised by the Comptroller Gen-
vidual, or the specified period described in construed to modify or affect any Federal or
eral of the United States.
subsection (c)(2) or (d)(2) of section l302, or (b) EMPLOYEES COVERED BY CONGRESSIONAL State law prohibiting discrimination on the
a combination of those hours and that pe- ACCOUNTABILITY ACT OF 1995.—The powers, basis of race, religion, color, national origin,
riod, as the case may be; remedies, and procedures provided in the sex, age, disability, sexual orientation, gen-
(II) the interest on the amount described in Congressional Accountability Act of 1995 (2 der identity, marital status, familial status,
subclause (I) calculated at the prevailing U.S.C. 1301 et seq.) including section 401(d) of or any other protected status.
rate; and such Act (2 U.S.C. 1401(d)), to the Board (as (b) STATE AND LOCAL LAWS.—Nothing in
(III) an additional amount as liquidated defined in section 101 of that Act (2 U.S.C. this title shall be construed to supersede (in-
damages; and 1301)), the corresponding Federal agency de- cluding preempting) any provision of any
(ii) for such equitable relief as may be ap- scribed in that section 401(d), or any person, State or local law that provides greater paid
propriate, including employment, reinstate- alleging a violation of subsection (a)(1) of sick time or leave rights (including greater
ment, and promotion. section 202 of that Act (2 U.S.C. 1312) shall be amounts of paid sick time or leave, or great-
(D) FEES AND COSTS.—The court in an ac- the powers, remedies, and procedures this er coverage of those eligible for paid sick
tion under this paragraph shall, in addition title provides to that Board, the cor- time or leave) than the rights established
to any judgment awarded to the plaintiff, responding Federal agency, or any person, under this title.
allow a reasonable attorney’s fee, reasonable alleging an unlawful employment practice in SEC. l309. EFFECT ON EXISTING EMPLOYMENT
expert witness fees, and other costs of the violation of this title against an employee BENEFITS.
action to be paid by the defendant. described in section l301(5)(C) or a cor- (a) MORE PROTECTIVE.—Nothing in this
(4) ACTION BY THE SECRETARY.— responding covered individual. title shall be construed to diminish the obli-
(A) ADMINISTRATIVE ACTION.—The Sec- (c) EMPLOYEES COVERED BY CHAPTER 5 OF gation of an employer to comply with any
retary shall receive, investigate, and at- TITLE 3, UNITED STATES CODE.—The powers, contract, collective bargaining agreement,
tempt to resolve complaints of violations of remedies, and procedures provided in chapter or any employment benefit program or plan
section l305 (including a violation relating 5 of title 3, United States Code, to the Presi- that provides greater paid sick leave or other
to rights provided under section l302) in the dent, the Merit Systems Protection Board, leave rights to covered individuals than the
same manner that the Secretary receives, in- or any person, alleging a violation of section rights established under this title.
vestigates, and attempts to resolve com- 412(a)(1) of that title, shall be the powers, (b) LESS PROTECTIVE.—The rights estab-
plaints of violations of sections 6 and 7 of the remedies, and procedures this title provides lished for covered individuals under this title
Fair Labor Standards Act of 1938 (29 U.S.C. to the President, that Board, or any person, shall not be diminished by any contract, col-
206 and 207). respectively, alleging an unlawful employ- lective bargaining agreement, or any em-
(B) CIVIL ACTION.—The Secretary may ment practice in violation of this title ployment benefit program or plan.
bring an action in any court of competent ju- against an employee described in section SEC. l310. ENCOURAGEMENT OF MORE GEN-
risdiction to recover the damages described l301(5)(D) or a corresponding covered indi- EROUS LEAVE POLICIES.
vidual. Nothing in this title shall be construed to
in paragraph (3)(C)(i).
(d) EMPLOYEES COVERED BY CHAPTER 63 OF discourage employers from adopting or re-
(C) SUMS RECOVERED.—Any sums recovered TITLE 5, UNITED STATES CODE.—The powers,
by the Secretary pursuant to subparagraph taining leave policies more generous than
remedies, and procedures provided in title 5,
(B) shall be held in a special deposit account policies that comply with the requirements
United States Code, to an employing agency,
and shall be paid, on order of the Secretary, of this title.
provided in chapter 12 of that title to the
directly to each employee or individual af- SEC. l311. REGULATIONS.
Merit Systems Protection Board, or provided
fected. Any such sums not paid to an em- in that title to any person, alleging a viola- (a) IN GENERAL.—
ployee or individual affected because of in- tion of chapter 63 of that title shall be the (1) AUTHORITY.—Except as provided in
ability to do so within a period of 3 years powers, remedies, and procedures this title paragraph (2) and subject to subsection (e),
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shall be deposited into the Treasury of the provides to that agency, that Board, or any not later than 180 days after the date of en-
United States as miscellaneous receipts. person, respectively, alleging an unlawful actment of this Act, the Secretary shall pre-
(5) LIMITATION.— employment practice in violation of this scribe such regulations as are necessary to
(A) IN GENERAL.—Except as provided in title against an employee described in sec- carry out this title with respect to employ-
subparagraph (B), an action may be brought tion l301(5)(E) or a corresponding covered ees described in subparagraph (A) or (B) of
under paragraph (3), (4), or (6) not later than individual. section l301(5), corresponding covered indi-
2 years after the date of the last event con- (e) REMEDIES FOR STATE EMPLOYEES.— viduals, and other individuals affected by
stituting the alleged violation for which the (1) WAIVER OF SOVEREIGN IMMUNITY.—A employers described in subclause (I) or (II) of
action is brought. State’s receipt or use of Federal financial as- section l301(6)(A)(i).
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S1814 CONGRESSIONAL RECORD — SENATE March 18, 2020
(2) GOVERNMENT ACCOUNTABILITY OFFICE.— date, without regard to whether regulations ‘‘(B) any frequency limits established for
Subject to subsection (e), the Comptroller have been prescribed under this section. such tests; and
General of the United States shall prescribe SEC. l312. AUTHORIZATION OF APPROPRIA- ‘‘(C) any allergen unit limits established
the regulations with respect to employees of TIONS. for such tests.’’; and
the Government Accountability Office, cor- There are authorized to be appropriated to (B) in section 1905—
responding covered individuals, and other in- carry out this division such sums as may be (i) in subsection (r)—
dividuals affected by the Comptroller Gen- necessary for fiscal years 2020 through 2022. (I) by redesignating paragraph (5) as para-
eral of the United States. SEC. l313. EFFECTIVE DATES. graph (6); and
(b) EMPLOYEES COVERED BY CONGRESSIONAL (a) IN GENERAL.—This division takes effect (II) by inserting after paragraph (4) the fol-
ACCOUNTABILITY ACT OF 1995.— on the date of enactment of this Act. lowing new paragraph:
(1) AUTHORITY.—Subject to subsection (e), (b) PREVIOUS DECLARATIONS.—If a public ‘‘(5) Allergy diagnostic testing services (as
not later than 90 days after the Secretary health emergency was declared before and defined in subsection (gg)).’’; and
prescribes regulations under subsection (a), remains in effect on the date of enactment of (ii) by adding at the end the following new
the Board of Directors of the Office of Con- this Act, for purposes of this division (and in subsection:
gressional Workplace Rights shall prescribe particular section l302(c) of this division) ‘‘(gg) ALLERGY DIAGNOSTIC TESTING SERV-
(in accordance with section 304 of the Con- the public health emergency shall be consid- ICES DEFINED.—The term ‘allergy diagnostic
gressional Accountability Act of 1995 (2 ered to have been declared on the date of en- testing services’ means in vitro specific IgE
U.S.C. 1384)) and the corresponding Federal actment of this Act, including an emergency tests and percutaneous tests that—
agency described in section 401(d) of such Act described in section l301(12)(B). ‘‘(1) have been cleared under section 501(k),
(2 U.S.C. 1401(d)) shall prescribe such regula- SEC. l314. REPEAL. classified under section 513(f)(2), or approved
tions as are necessary to carry out this title This division is repealed, effective Decem- under section 515 of the Federal Food, Drug,
with respect to employees described in sec- ber 31, 2021. and Cosmetic Act; and
tion l301(5)(C), corresponding covered indi- ‘‘(2) are provided to individuals for the pur-
viduals, and other individuals affected by SA 1560. Mr. MORAN submitted an pose of evaluating immunologic response to
employers described in section amendment intended to be proposed by certain antigens.’’.
l301(6)(A)(i)(III). him to the bill H.R. 6201, making emer- (2) EFFECTIVE DATE.—
(2) AGENCY REGULATIONS.—The regulations (A) IN GENERAL.—Subject to subparagraph
gency supplemental appropriations for
prescribed under paragraph (1) shall be the (B), the amendments made by this sub-
the fiscal year ending September 30, section shall apply with respect to items and
same as substantive regulations promulgated
by the Secretary to carry out this title ex- 2020, and for other purposes; which was services provided on or after January 1, 2021.
cept insofar as the Board may determine, for ordered to lie on the table; as follows: (B) EXCEPTION FOR STATE LEGISLATION.—In
good cause shown and stated together with At the appropriate place, insert the fol- the case of a State plan under title XIX of
the regulations prescribed under paragraph lowing: the Social Security Act (42 U.S.C. 1396 et
(1), that a modification of such regulations SEC. ll. COVERAGE FOR ALLERGY DIAGNOSTIC seq.) that the Secretary of Health and
would be more effective for the implementa- TESTING SERVICES UNDER MEDI- Human Services determines requires State
CARE AND MEDICAID. legislation in order for the respective plan to
tion of the rights and protections involved
under this section. (a) FINDINGS.—Congress finds the fol- meet any requirement imposed by amend-
(c) EMPLOYEES COVERED BY CHAPTER 5 OF lowing: ments made by this subsection, the respec-
TITLE 3, UNITED STATES CODE.— (1) Allergies, when not properly diagnosed, tive plan shall not be regarded as failing to
(1) AUTHORITY.—Subject to subsection (e), cannot be effectively treated. comply with the requirements of such title
not later than 90 days after the Secretary (2) Allergies to food, inhaled particles, or solely on the basis of its failure to meet such
prescribes regulations under subsection (a), other sources can cause debilitating and, in an additional requirement before the first
the President (or the designee of the Presi- some cases, fatal reactions. day of the first calendar quarter beginning
dent) shall prescribe such regulations as are (3) Allergies can substantially compound after the close of the first regular session of
necessary to carry out this title with respect other illnesses, including asthma, emphy- the State legislature that begins after the
to employees described in section l301(5)(D), sema, and adult obstructive pulmonary dis- date of the enactment of this subsection. For
corresponding covered individuals, and other eases, leading to social and economic costs purposes of the previous sentence, in the
individuals affected by employers described for families and our Nation’s health care sys- case of a State that has a 2-year legislative
in section l301(6)(A)(i)(IV). tem. session, each year of the session shall be con-
(2) AGENCY REGULATIONS.—The regulations (4) According to clinical guidelines from sidered to be a separate regular session of
prescribed under paragraph (1) shall be the the National Institutes of Health and rec- the State legislature.
same as substantive regulations promulgated ommendations from peer-reviewed lit- (c) MEDICARE COVERAGE FOR ALLERGY DIAG-
by the Secretary to carry out this title ex- erature, in vitro specific IgE tests and NOSTIC TESTING SERVICES.—
cept insofar as the President (or designee) percutaneous tests are considered equivalent (1) COVERAGE.—Section 1861 of the Social
may determine, for good cause shown and as confirmatory tests in terms of their sensi- Security Act (42 U.S.C. 1395x) is amended—
stated together with the regulations pre- tivity and accuracy. (A) in subsection (s)(2)—
scribed under paragraph (1), that a modifica- (5) Despite these recommendations, some (i) in subparagraph (GG), by striking ‘‘and’’
tion of such regulations would be more effec- current Medicare local coverage determina- at the end;
tive for the implementation of the rights and tions and Medicaid coverage policies deny (ii) in subparagraph (HH), by striking the
protections involved under this section. equal access to in vitro specific IgE tests and period at the end and inserting ‘‘; and’’; and
(d) EMPLOYEES COVERED BY CHAPTER 63 OF percutaneous tests. (iii) by adding at the end the following new
TITLE 5, UNITED STATES CODE.— (6) In vitro specific IgE tests and subparagraph:
(1) AUTHORITY.—Subject to subsection (e), percutaneous tests must be equally acces- ‘‘(II) allergy diagnostic testing services (as
not later than 90 days after the Secretary sible for clinicians and patients to improve defined in subsection (kkk));’’; and
prescribes regulations under subsection (a), health outcomes, reduce system costs, and (B) by adding at the end the following new
the Director of the Office of Personnel Man- reduce current health care disparities caused subsection:
agement shall prescribe such regulations as by the lack of equal coverage. ‘‘(kkk) ALLERGY DIAGNOSTIC TESTING
are necessary to carry out this title with re- (b) MEDICAID COVERAGE FOR ALLERGY DIAG- SERVICES.—
spect to employees described in section NOSTIC TESTING SERVICES.— ‘‘(1) IN GENERAL.—The term ‘allergy diag-
l301(5)(E), corresponding covered individ- (1) IN GENERAL.—Title XIX of the Social nostic testing services’ means in vitro spe-
uals, and other individuals affected by em- Security Act (42 U.S.C. 1396 et seq.) is cific IgE tests and percutaneous tests—
ployers described in section l301(6)(A)(i)(V). amended— ‘‘(A) that have been cleared under section
(2) AGENCY REGULATIONS.—The regulations (A) in section 1902(a)— 501(k), classified under section 513(f)(2), or
prescribed under paragraph (1) shall be the (i) in paragraph (85), by striking ‘‘and’’ at approved under section 515 of the Federal
same as substantive regulations promulgated the end; Food, Drug, and Cosmetic Act; and
by the Secretary to carry out this title ex- (ii) in paragraph (86), by striking the pe- ‘‘(B) which are furnished to individuals for
cept insofar as the Director may determine, riod at the end and inserting ‘‘; and’’; and the purpose of evaluating immunologic re-
for good cause shown and stated together (iii) by inserting after paragraph (86) the sponse to certain antigens, as determined ap-
with the regulations prescribed under para- following new paragraph: propriate by the practitioner ordering such
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graph (1), that a modification of such regula- ‘‘(87) provide, with respect to the provision test.
tions would be more effective for the imple- of allergy diagnostic testing services (as de- ‘‘(2) EQUAL ACCESS TO TESTING METHODS.—
mentation of the rights and protections in- fined in section 1905(gg)) under the State The Secretary shall ensure equality in the
volved under this section. plan, for equality in the treatment of in treatment of in vitro specific IgE tests and
(e) IMMEDIATE COMPLIANCE BY EMPLOY- vitro specific IgE tests and percutaneous percutaneous tests described in paragraph (1)
ERS.—The rights and responsibilities speci- tests with respect to— with respect to—
fied in this title shall apply to employers on ‘‘(A) any medical necessity or other cov- ‘‘(A) any medical necessity or other cov-
the first Sunday following enactment of this erage requirements established for such in erage requirements established for such in
Act and employers shall comply on such vitro specific IgE and percutaneous tests; vitro specific IgE and percutaneous tests;
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March 18, 2020 CONGRESSIONAL RECORD — SENATE S1815
‘‘(B) any frequency limits established for FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2024,
lowing leader remarks, the Senate be VICE J. KELLY RYAN, TERM EXPIRED.
such tests; and in a period of morning business, with
‘‘(C) any allergen unit limits established Senators permitted to speak therein DEPARTMENT OF STATE
for a year for such tests.’’. for up to 10 minutes each. BRETT P. GIROIR, OF TEXAS, TO BE REPRESENTATIVE
(2) PAYMENT.—Section 1834 of the Social OF THE UNITED STATES ON THE EXECUTIVE BOARD OF
The PRESIDING OFFICER. Without THE WORLD HEALTH ORGANIZATION, VICE THOMAS
Security Act (42 U.S.C. 1395m) is amended by
adding at the end the following new sub-
objection, it is so ordered. FRIEDEN.
CARLOS TRUJILLO, OF FLORIDA, TO BE ASSISTANT
section: f SECRETARY OF STATE (WESTERN HEMISPHERE AF-
‘‘(x) ALLERGY DIAGNOSTIC TESTING SERV- FAIRS), VICE KIMBERLY BREIER, RESIGNED.
ICES.—For purposes of payment only, in the
ADJOURNMENT UNTIL TOMORROW KENNETH R. WEINSTEIN, OF THE DISTRICT OF COLUM-
BIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENI-
case of allergy diagnostic testing services (as Mr. MCCONNELL. Mr. President, if POTENTIARY OF THE UNITED STATES OF AMERICA TO
defined in section 1861(kkk))— there is no further business to come be- JAPAN.
‘‘(1) in vitro specific IgE tests shall be fore the Senate, I ask unanimous con- PRIVACY AND CIVIL LIBERTIES OVERSIGHT
treated as clinical diagnostic laboratory sent that it stand adjourned under the BOARD
tests; and previous order. ADITYA BAMZAI, OF VIRGINIA, TO BE A MEMBER OF
‘‘(2) percutaneous tests shall be treated as There being no objection, the Senate, THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
physicians’ services.’’. FOR A TERM EXPIRING JANUARY 29, 2026. (REAPPOINT-
at 5:59 p.m., adjourned until Thursday, MENT)
(3) EFFECTIVE DATE.—The amendments
made by this subsection shall apply with re- March 19, 2020, at 12 noon.
THE JUDICIARY
spect to items and services furnished on or f
HALA Y. JARBOU, OF MICHIGAN, TO BE UNITED STATES
after January 1, 2021. DISTRICT JUDGE FOR THE WESTERN DISTRICT OF MICHI-
NOMINATIONS GAN, VICE ROBERT HOLMES BELL, RETIRED.
f
Executive nominations received by
ORDERS FOR THURSDAY, MARCH the Senate: f
19, 2020 AMTRAK BOARD OF DIRECTORS
Mr. MCCONNELL. Mr. President, I RICK A. DEARBORN, OF OKLAHOMA, TO BE A DIRECTOR
WITHDRAWAL
OF THE AMTRAK BOARD OF DIRECTORS FOR A TERM OF
ask unanimous consent that when the FIVE YEARS, VICE JEFFREY R. MORELAND, TERM EX-
Senate completes its business today, it PIRED. Executive Message transmitted by
adjourn until 12 noon, Thursday, March FEDERAL COMMUNICATIONS COMMISSION the President to the Senate on March
19; further, that following the prayer MICHAEL P. O’RIELLY, OF NEW YORK, TO BE A MEMBER
18, 2020 withdrawing from further Sen-
and pledge, the morning hour be OF THE FEDERAL COMMUNICATIONS COMMISSION FOR A ate consideration the following nomi-
TERM OF FIVE YEARS FROM JULY 1, 2019 (REAPPOINT-
deemed expired, the Journal of pro- MENT)
nation:
ceedings be approved to date, the time INTER–AMERICAN FOUNDATION DAVID CAREY WOLL, JR., OF CONNECTICUT, TO BE AN
ASSISTANT SECRETARY OF HOUSING AND URBAN DE-
for the two leaders be reserved for their CARLOS TRUJILLO, OF FLORIDA, TO BE A MEMBER OF VELOPMENT, VICE NEAL J. RACKLEFF, WHICH WAS SENT
use later in the day; finally, that fol- THE BOARD OF DIRECTORS OF THE INTER–AMERICAN TO THE SENATE ON AUGUST 1, 2019.
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March 18, 2020 CONGRESSIONAL RECORD — Extensions of Remarks E323
EXTENSIONS OF REMARKS
SENATE COMMITTEE MEETINGS MEETINGS SCHEDULED tional Commission on Military, Na-
MARCH 23 tional, and Public Service.
Title IV of Senate Resolution 4, SD–G50
5:30 p.m.
agreed to by the Senate of February 4, POSTPONEMENTS
Committee on Foreign Relations
1977, calls for establishment of a sys- To receive a closed briefing on the cur-
tem for a computerized schedule of all rent situation in Syria. MARCH 24
meetings and hearings of Senate com- SVC–217 10 a.m.
mittees, subcommittees, joint commit- Committee on Banking, Housing, and
tees, and committees of conference. MARCH 25 Urban Affairs
This title requires all such committees 2:30 p.m. To hold an oversight hearing to examine
Committee on Armed Services the Office of the Comptroller of the
to notify the Office of the Senate Daily Currency.
Subcommittee on Cybersecurity
Digest—designated by the Rules Com- To hold hearings to examine the findings SD–538
mittee—of the time, place and purpose of the Cyberspace Solarium Commis- 2:30 p.m.
of the meetings, when scheduled and sion. Committee on Banking, Housing, and
SD–G50 Urban Affairs
any cancellations or changes in the
Subcommittee on Economic Policy
meetings as they occur. To hold hearings to examine winning the
MARCH 26
As an additional procedure along economic competition between the
9:30 a.m. United States and China.
with the computerization of this infor- Committee on Armed Services SD–538
mation, the Office of the Senate Daily To hold hearings to examine the posture
Digest will prepare this information for of the Department of the Army in re- MARCH 25
printing in the Extensions of Remarks view of the Defense Authorization Re- 10 a.m.
section of the CONGRESSIONAL RECORD quest for fiscal year 2021 and the Fu- Committee on Armed Services
ture Years Defense Program. Subcommittee on SeaPower
on Monday and Wednesday of each SD–G50 To receive a closed briefing on Navy air-
week. craft carrier survivability.
Meetings scheduled for Thursday, MARCH 31 SVC–217
March 19, 2020 may be found in the 2:30 p.m.
2:30 p.m. Committee on Indian Affairs
Daily Digest of today’s RECORD. Committee on Armed Services To hold an oversight hearing to examine
Subcommittee on Personnel the President’s proposed budget re-
To hold hearings to examine the final quest for fiscal year 2021 for Indian pro-
recommendations and report of the Na- grams.
SD–628
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∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.
Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.
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Wednesday, March 18, 2020
Daily Digest
HIGHLIGHTS
Senate passed H.R. 6201, Families First Coronavirus Response Act.
Senate
that the amendment, having failed to achieve 60 af-
Chamber Action firmative votes, was not agreed to.)
Routine Proceedings, pages S1781–S1815 Pages S1793–95, S1795–96
Measures Introduced: Nineteen bills and two reso- Nominations Received: Senate received the fol-
lutions were introduced, as follows: S. 3515–3533, lowing nominations:
and S. Res. 546–547. Pages S1805–06 Rick A. Dearborn, of Oklahoma, to be a Director
Measures Passed: of the Amtrak Board of Directors for a term of five
years.
Families First Coronavirus Response Act: By 90
yeas to 8 nays (Vote No. 76), Senate passed H.R. Michael P. O’Rielly, of New York, to be a Mem-
6201, making emergency supplemental appropria- ber of the Federal Communications Commission for
tions for the fiscal year ending September 30, 2020, a term of five years from July 1, 2019.
60 Senators having voted in the affirmative, and Carlos Trujillo, of Florida, to be a Member of the
after taking action on the following amendments Board of Directors of the Inter-American Foundation
proposed thereto: Pages S1790–96
for a term expiring September 20, 2024.
Rejected: Brett P. Giroir, of Texas, to be Representative of
By 3 yeas to 95 nays (Vote No. 73), Paul Amend- the United States on the Executive Board of the
ment No. 1556, to amend the Internal Revenue World Health Organization.
Code of 1986 to require a social security number for Carlos Trujillo, of Florida, to be Assistant Sec-
purposes of the child tax credit, to provide the Presi- retary of State (Western Hemisphere Affairs).
dent the authority to transfer funds as necessary, and Kenneth R. Weinstein, of the District of Colum-
to terminate United States military operations and bia, to be Ambassador to Japan.
reconstruction activities in Afghanistan. (A unani- Aditya Bamzai, of Virginia, to be a Member of
mous-consent agreement was reached providing that the Privacy and Civil Liberties Oversight Board for
the amendment, having failed to achieve 60 affirma- a term expiring January 29, 2026.
tive votes, was not agreed to.) Pages S1790–91
Hala Y. Jarbou, of Michigan, to be United States
By 47 yeas to 51 nays (Vote No. 74), Murray/ District Judge for the Western District of Michigan.
Page S1815
Gillibrand Amendment No. 1559, to provide Amer-
icans with paid sick time and paid leave so that they Nomination Withdrawn: Senate received notifica-
can address their own health needs and the health tion of withdrawal of the following nomination:
needs of their families. (A unanimous-consent agree- David Carey Woll, Jr., of Connecticut, to be an
ment was reached providing that the amendment, Assistant Secretary of Housing and Urban Develop-
having failed to achieve 60 affirmative votes, was not ment, which was sent to the Senate on August 1,
agreed to.) Pages S1792–93, S1795 2019. Page S1815
By 50 yeas to 48 nays (Vote No. 75), Johnson Messages from the House: Page S1804
Amendment No. 1558, to strike Federally mandated
sick pay and paid family leave and replace it with Executive Communications: Pages S1804–05
financial support provided through State adminis- Petitions and Memorials: Page S1805
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tered unemployment insurance systems and funds. (A Additional Cosponsors: Page S1806
unanimous-consent agreement was reached providing
Amendments Submitted: Pages S1807–15
D296
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March 18, 2020 CONGRESSIONAL RECORD — DAILY DIGEST D297
Record Votes: Four record votes were taken today.
(Total—76) Pages S1791, S1795–96
Committee Meetings
Adjournment: Senate convened at 10 a.m. and ad- (Committees not listed did not meet)
journed at 5:59 p.m., until 12 noon on Thursday,
March 19, 2020. (For Senate’s program, see the re- No committee meetings were held.
marks of the Majority Leader in today’s Record on
page S1815.)
h
House of Representatives
COMMITTEE MEETINGS FOR THURSDAY,
Chamber Action MARCH 19, 2020
The House was not in session today. The House
is scheduled to meet at 9 a.m. on Thursday, March (Committee meetings are open unless otherwise indicated)
19, 2020. Senate
Committee Meetings No meetings/hearings scheduled.
No hearings were held. House
No hearings are scheduled.
Joint Meetings
No joint committee meetings were held.
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D298 CONGRESSIONAL RECORD — DAILY DIGEST March 18, 2020
Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES
12 noon, Thursday, March 19 9 a.m., Thursday, March 19
Senate Chamber House Chamber
Program for Thursday: Senate will be in a period of Program for Thursday: House will meet in Pro Forma
morning business. session at 9 a.m.
Congressional Record
E PL
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