Congressional Record, House, March 13, 2020 — Families First Coronavirus Response Act
Summary
Page H1675 of the House section of the Congressional Record for March 13, 2020. The Clerk, Cheryl L. Johnson, reports a sealed envelope received from the White House at 5:28 p.m. containing a presidential message declaring a national emergency over the novel coronavirus disease. A letter from a legislative director for Congressman Henry Cuellar addresses compliance with a subpoena. Mr. Reed uses a one-minute speech to say it is not a day for partisan politics, speaking as a Republican. A recorded vote list of Members' names follows, and Ms. Cheney offers a privileged resolution on behalf of the Republican Conference.
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“Congressional Record, House, March 13, 2020 — Families First Coronavirus Response Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-03-13-crec-2020-03-13-pt1-pgh1675-9-c84278524d/
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1675
WE REPRESENT ALL OF AMERICA that compliance with the subpoena is con- of the Rules of the U.S. House of Representa-
sistent with the privileges and rights of the tives, I have the honor to transmit a sealed
(Mr. REED asked and was given per- House. envelope received from the White House on
mission to address the House for 1 Sincerely, March 13, 2020, at 5:28 p.m., and said to con-
minute.) TRAVIS KNIGHT, tain a message from the President on declar-
Mr. REED. Madam Speaker, I came Legislative Director / Counsel, ing a national emergency concerning the
down this morning, after hearing Fa- Offices of U.S. Congressman Henry Cuellar. Novel Coronavirus Disease (COVID–19) out-
ther Conroy give his opening speech, to break.
f
address this House and to address this With best wishes, I am,
Nation today in these hallowed Halls b 0915 Sincerely,
to send the message that today is not a CHERYL L. JOHNSON,
COVID–19 REQUIRES Clerk of the House.
day to engage in partisan politics. COMPREHENSIVE RESPONSE
As a Republican, my hand is open to
my fellow Americans, for us to come (Ms. MUCARSEL-POWELL asked and f
together, to stand with our Nation as was given permission to address the
we face this coronavirus crisis across House for 1 minute.) DECLARING A NATIONAL EMER-
the country. Ms. MUCARSEL-POWELL. Madam GENCY CONCERNING THE NOVEL
Madam Speaker, the people of Amer- Speaker, Miami-Dade County has its CORONAVIRUS DISEASE (COVID–
ica are who we represent. They are not first two confirmed cases of COVID–19, 19) OUTBREAK—MESSAGE FROM
Democrat and Republican; they are and we are all very concerned. Across THE PRESIDENT OF THE UNITED
American. Now is the time to lead with the country, events are canceled and STATES (H. DOC. NO. 116–108)
smart, targeted decisionmaking pro- store shelves are empty. With anxieties
high, we are receiving mixed messages The SPEAKER pro tempore laid be-
posals that will improve their lives for fore the House the following message
the better. when what we need right now is coher-
ent direction. from the President of the United
God bless. States; which was read and, together
It is discouraging to see countries
f with the accompanying papers, referred
like South Korea respond much more
COMMUNICATION FROM SPECIAL effectively than we are. While they to the Committee on Energy and Com-
ASSISTANT, THE HONORABLE screen tens of thousands, we have sick merce and the Committee on Ways and
HENRY CUELLAR, MEMBER OF patients and frustrated doctors who Means, and ordered to be printed:
CONGRESS cannot access testing. To the Congress of the United States:
The SPEAKER pro tempore laid be- This is not right. We must make Pursuant to section 201 of the Na-
fore the House the following commu- tests available and accessible to every- tional Emergencies Act (50 U.S.C. 1621),
nication from Ninamarie Andrews, Spe- one. We must strengthen our I hereby report that I have exercised
cial Assistant, the Honorable HENRY healthcare system so we have the beds, my authority to declare that the out-
CUELLAR, Member of Congress: the masks, the respirators, and the break of coronavirus disease (COVID–
HENRY CUELLAR, supplies to respond to a surge in cases. 19) in the United States constitutes a
HOUSE OF REPRESENTATIVES, We must provide relief to our working national emergency. This declaration
March 10, 2020. families and local businesses strug- invokes section 1135 of the Social Secu-
Hon. NANCY PELOSI, gling to cope with this virus. rity Act, 42 U.S.C. 1320b–5, to allow the
Speaker, House of Representatives, Madam Speaker, I believe we have it Secretary of Health and Human Serv-
Washington, DC. within us to fulfill these needs, but we ices to exercise the authority under
DEAR MADAME SPEAKER: This is to notify
all must come together for a com- that section to temporarily waive or
you formally, pursuant to Rule VIII of the
Rules of the House of Representatives, that prehensive response to meet this mo- modify certain requirements of the
I, Ninamarie Andrews, have been served with ment. I urge my colleagues to support Medicare, Medicaid, and State Chil-
a subpoena for testimony issued by the U.S. this legislation. dren’s Health Insurance programs and
District Court for the District of Columbia. f of the Health Insurance Portability
After consultation with the Office of House and Accountability Act Privacy Rule
Employment Counsel, I have determined RECESS throughout the duration of the public
that compliance with the subpoena is con- The SPEAKER pro tempore. Pursu- health emergency declared in response
sistent with the privileges and rights of the
ant to clause 12(a) of rule I, the Chair to the COVID–19 outbreak.
House.
Sincerely, declares the House in recess subject to I am enclosing a copy of the procla-
NINAMARIE ANDREWS, the call of the Chair. mation I have issued.
Special Assistant, Accordingly (at 9 o’clock and 16 min- DONALD J. TRUMP.
Office of the 28th District of Texas. utes a.m.), the House stood in recess. THE WHITE HOUSE, March 13, 2020.
f f
f
COMMUNICATION FROM LEGISLA- b 0011
TIVE DIRECTOR/COUNSEL, THE AFTER RECESS
HONORABLE HENRY CUELLAR, FAMILIES FIRST CORONAVIRUS
MEMBER OF CONGRESS The recess having expired, the House RESPONSE ACT
was called to order by the Speaker pro Mrs. LOWEY. Mr. Speaker, I move to
The SPEAKER pro tempore laid be- tempore (Mr. BROWN of Maryland) at 12
fore the House the following commu- suspend the rules and pass the bill
o’clock and 11 minutes a.m. (H.R. 6201) making emergency supple-
nication from Travis Knight, Legisla-
f mental appropriations for the fiscal
tive Director/Counsel, the Honorable
HENRY CUELLAR, Member of Congress: COMMUNICATION FROM THE year ending September 30, 2020, and for
HENRY CUELLAR, CLERK OF THE HOUSE other purposes, as amended.
HOUSE OF REPRESENTATIVES, The SPEAKER pro tempore laid be- The Clerk read the title of the bill.
March 11, 2020. The text of the bill is as follows:
fore the House the following commu-
Hon. NANCY PELOSI,
Speaker, House of Representatives, nication from the Clerk of the House of H.R. 6201
Washington, DC. Representatives: Be it enacted by the Senate and House of Rep-
DEAR MADAME SPEAKER: This is to notify OFFICE OF THE CLERK, resentatives of the United States of America in
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you formally, pursuant to Rule VIII of the HOUSE OF REPRESENTATIVES, Congress assembled,
Rules of the House of Representatives, that Washington, DC, March 13, 2020. SECTION 1. SHORT TITLE.
I, Travis Knight, have been served with a Hon. NANCY PELOSI,
This Act may be cited as the ‘‘Families
subpoena for testimony issued by the U.S. Speaker, House of Representatives,
First Coronavirus Response Act’’.
District Court for the District of Columbia. Washington, DC.
After consultation with the Office of House DEAR MADAM SPEAKER: Pursuant to the SEC. 2. TABLE OF CONTENTS.
Employment Counsel, I have determined permission granted in Clause 2(h) of Rule II The table of contents is as follows:
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H1676 CONGRESSIONAL RECORD — HOUSE March 13, 2020
DIVISION A—SECOND CORONAVIRUS PREPARED- at the free rate over the course of 5 school TITLE II
NESS AND RESPONSE SUPPLEMENTAL APPRO- days for each eligible child in the household. DEPARTMENT OF DEFENSE
PRIATIONS ACT, 2020 (c) MINIMUM CLOSURE REQUIREMENT.—The DEFENSE HEALTH PROGRAM
DIVISION B—NUTRITION WAIVERS Secretary of Agriculture shall not provide For an additional amount for ‘‘Defense
DIVISION C—EMERGENCY FAMILY AND MEDICAL assistance under this section in the case of a Health Program’’, $82,000,000, to remain
LEAVE EXPANSION ACT school that is closed for less than 5 consecu- available until September 30, 2022, for health
DIVISION D—EMERGENCY UNEMPLOYMENT IN-
tive days. services consisting of SARS–CoV–2 or
SURANCE STABILIZATION AND ACCESS ACT OF (d) USE OF EBT SYSTEM.—A State agency COVID–19 related items and services as de-
2020 may provide assistance under this section scribed in section 6006(a) of division F of the
DIVISION E—EMERGENCY PAID SICK LEAVE ACT
through the EBT card system established Families First Coronavirus Response Act (or
under section 7 of the Food and Nutrition the administration of such products): Pro-
DIVISION F—HEALTH PROVISIONS
Act of 2008 (7 U.S.C. 2016). vided, That such amount is designated by the
DIVISION G—TAX CREDITS FOR PAID SICK AND Congress as being for an emergency require-
(e) RELEASE OF INFORMATION.—Notwith-
PAID FAMILY AND MEDICAL LEAVE ment pursuant to section 251(b)(2)(A)(i) of
standing any other provision of law, the Sec-
DIVISION H—BUDGETARY EFFECTS retary of Agriculture may authorize State the Balanced Budget and Emergency Deficit
SEC. 3. REFERENCES. educational agencies and school food au- Control Act of 1985.
Except as expressly provided otherwise, thorities administering a school lunch pro- TITLE III
any reference to ‘‘this Act’’ contained in any gram under the Richard B. Russell National DEPARTMENT OF THE TREASURY
division of this Act shall be treated as refer- School Lunch Act (42 U.S.C. 1751 et seq.) to INTERNAL REVENUE SERVICE
ring only to the provisions of that division. release to appropriate officials administering TAXPAYER SERVICES
DIVISION A—SECOND CORONAVIRUS PRE- the supplemental nutrition assistance pro-
For an additional amount for ‘‘Taxpayer
PAREDNESS AND RESPONSE SUPPLE- gram such information as may be necessary
Services’’, $15,000,000, to remain available
MENTAL APPROPRIATIONS ACT, 2020 to carry out this section.
until September 30, 2022, for the purposes of
The following sums are hereby appro- (f) WAIVERS.—To facilitate implementation carrying out the Families First Coronavirus
priated, out of any money in the Treasury of this section, the Secretary of Agriculture Response Act: Provided, That amounts pro-
not otherwise appropriated, for the fiscal may approve waivers of the limits on certifi- vided under this heading in this Act may be
year ending September 30, 2020, and for other cation periods otherwise applicable under transferred to and merged with ‘‘Operations
purposes, namely: section 3(f) of the Food and Nutrition Act of Support’’: Provided further, That such
2008 (7 U.S.C. 2012(f)), reporting requirements amount is designated by the Congress as
TITLE I otherwise applicable under section 6(c) of being for an emergency requirement pursu-
DEPARTMENT OF AGRICULTURE such Act (7 U.S.C. 2015(c)), and other admin- ant to section 251(b)(2)(A)(i) of the Balanced
FOOD AND NUTRITION SERVICE istrative requirements otherwise applicable Budget and Emergency Deficit Control Act
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM to State agencies under such Act. of 1985.
FOR WOMEN, INFANTS, AND CHILDREN (WIC) (g) AVAILABILITY OF COMMODITIES.—During TITLE IV
For an additional amount for the ‘‘Special fiscal year 2020, the Secretary of Agriculture
DEPARTMENT OF HEALTH AND HUMAN
Supplemental Nutrition Program for may purchase commodities for emergency
SERVICES
Women, Infants, and Children’’, $500,000,000, distribution in any area of the United States
during a public health emergency designa- INDIAN HEALTH SERVICE
to remain available through September 30, INDIAN HEALTH SERVICES
2021: Provided, That such amount is des- tion.
ignated by the Congress as being for an (h) DEFINITIONS.—In this section: For an additional amount for ‘‘Indian
emergency requirement pursuant to section Health Services’’, $64,000,000, to remain
(1) The term ‘‘eligible child’’ means a child
251(b)(2)(A)(i) of the Balanced Budget and available until September 30, 2022, for health
(as defined in section 12(d) or served under
Emergency Deficit Control Act of 1985. services consisting of SARS–CoV–2 or
section 11(a)(1) of the Richard B. Russell Na-
COVID–19 related items and services as de-
COMMODITY ASSISTANCE PROGRAM tional School Lunch Act (42 U.S.C. 1760(d),
scribed in section 6007 of division F of the
For an additional amount for the ‘‘Com- 1759(a)(1)) who, if not for the closure of the
Families First Coronavirus Response Act (or
modity Assistance Program’’ for the emer- school attended by the child during a public
the administration of such products): Pro-
gency food assistance program as authorized health emergency designation and due to
vided, That such amounts shall be allocated
by section 27(a) of the Food and Nutrition concerns about a COVID–19 outbreak, would
at the discretion of the Director of the In-
Act of 2008 (7 U.S.C. 2036(a)) and section receive free or reduced price school meals
dian Health Service: Provided further, That
204(a)(1) of the Emergency Food Assistance under the Richard B. Russell National
such amount is designated by the Congress
Act of 1983 (7 U.S.C. 7508(a)(1)), $400,000,000, to School Lunch Act (42 U.S.C. 175l et seq.) at
as being for an emergency requirement pur-
remain available through September 30, 2021: the school.
suant to section 251(b)(2)(A)(i) of the Bal-
Provided, That of the funds made available, (2) The term ‘‘public health emergency des- anced Budget and Emergency Deficit Control
the Secretary may use up to $100,000,000 for ignation’’ means the declaration of a public Act of 1985.
costs associated with the distribution of health emergency, based on an outbreak of
TITLE V
commodities: Provided further, That such SARS–CoV–2 or another coronavirus with
pandemic potential, by the Secretary of DEPARTMENT OF HEALTH AND HUMAN
amount is designated by the Congress as
Health and Human Services under section 319 SERVICES
being for an emergency requirement pursu-
ant to section 251(b)(2)(A)(i) of the Balanced of the Public Health Service Act (42 U.S.C. ADMINISTRATION FOR COMMUNITY LIVING
Budget and Emergency Deficit Control Act 247d). AGING AND DISABILITY SERVICES PROGRAMS
of 1985. (3) The term ‘‘school’’ has the meaning For an additional amount for ‘‘Aging and
GENERAL PROVISIONS—THIS TITLE given the term in section 12(d) of the Richard Disability Services Programs’’, $250,000,000,
B. Russell National School Lunch Act (42 to remain available until September 30, 2021,
SEC. 1101. (a) PUBLIC HEALTH EMERGENCY.—
U.S.C. 1760(d)). for activities authorized under subparts 1
During fiscal year 2020, in any case in which
(i) FUNDING.—There are hereby appro- and 2 of part C, of title III, and under title
a school is closed for at least 5 consecutive
priated to the Secretary of Agriculture such VI, of the Older Americans Act of 1965
days during a public health emergency des-
amounts as are necessary to carry out this (‘‘OAA’’), of which $160,000,000 shall be for
ignation during which the school would oth-
section: Provided, That such amount is des- Home-Delivered Nutrition Services,
erwise be in session, each household con-
ignated by the Congress as being for an $80,000,000 shall be for Congregate Nutrition
taining at least 1 member who is an eligible
emergency requirement pursuant to section Services, and $10,000,000 shall be for Nutri-
child attending the school shall be eligible to
251(b)(2)(A)(i) of the Balanced Budget and tion Services for Native Americans: Provided,
receive assistance pursuant to a state agency
Emergency Deficit Control Act of 1985. That State matching requirements under
plan approved under subsection (b).
sections 304(d)(1)(D) and 309(b)(2) of the OAA
(b) ASSISTANCE.—To carry out this section, SEC. 1102. In addition to amounts otherwise
shall not apply to funds made available
the Secretary of Agriculture may approve made available, $100,000,000, to remain avail-
under this heading in this Act: Provided fur-
State agency plans for temporary emergency able through September 30, 2021, shall be
ther, That such amount is designated by the
standards of eligibility and levels of benefits available for the Secretary of Agriculture to
Congress as being for an emergency require-
under the Food and Nutrition Act of 2008 (7 provide grants to the Commonwealth of the
ment pursuant to section 251(b)(2)(A)(i) of
U.S.C. 2011 et seq.) for households with eligi- Northern Mariana Islands, Puerto Rico, and
the Balanced Budget and Emergency Deficit
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ble children. Plans approved by the Sec- American Samoa for nutrition assistance in
Control Act of 1985.
retary shall provide for supplemental allot- response to a COVID–19 public health emer-
ments to households receiving benefits under gency: Provided, That such amount is des- OFFICE OF THE SECRETARY
such Act, and issuances to households not al- ignated by the Congress as being for an PUBLIC HEALTH AND SOCIAL SERVICES
ready receiving benefits. Such level of bene- emergency requirement pursuant to section EMERGENCY FUND
fits shall be determined by the Secretary in 251(b)(2)(A)(i) of the Balanced Budget and For an additional amount for ‘‘Public
an amount not less than the value of meals Emergency Deficit Control Act of 1985. Health and Social Services Emergency
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1677
Fund’’, $1,000,000,000, to remain available SEC. 1702. States and local governments re- TITLE II—COVID–19 CHILD NUTRITION
until expended, for activities authorized ceiving funds or assistance pursuant to this RESPONSE ACT
under section 2812 of the Public Health Serv- division shall ensure the respective State SEC. 2201. SHORT TITLE.
ice Act (42 U.S.C. 300hh–11), in coordination Emergency Operations Center receives reg- This title may be cited as the ‘‘COVID–19
with the Administrator of the Centers for ular and real-time reporting on aggregated Child Nutrition Response Act’’.
Medicare & Medicaid Services, to pay the data on testing and results from State and
SEC. 2202. NATIONAL SCHOOL LUNCH PROGRAM
claims of providers for reimbursement, as de- local public health departments, as deter- REQUIREMENT WAIVERS ADDRESS-
scribed in subsection (a)(3)(D) of such section mined by the Director of the Centers for Dis- ING COVID–19.
2812, for health services consisting of SARS– ease Control, and that such data is trans- (a) NATIONWIDE WAIVER.—
CoV–2 or COVID–19 related items and serv- mitted to the Centers for Disease Control. (1) IN GENERAL.—Notwithstanding any
ices as described in paragraph (1) of section SEC. 1703. Each amount appropriated or
other provision of law, the Secretary may es-
6001(a) of division F of the Families First made available by this Act is in addition to
tablish a waiver for all States under section
Coronavirus Response Act (or the adminis- amounts otherwise appropriated for the fis-
12(l) of the Richard B. Russell National
tration of such products) or visits described cal year involved.
SEC. 1704. No part of any appropriation School Lunch Act (42 U.S.C. 1760(l)), for pur-
in paragraph (2) of such section for uninsured poses of—
individuals: Provided, That the term ‘‘unin- contained in this Act shall remain available
(A) providing meals and meal supplements
sured individual’’ in this paragraph means an for obligation beyond the current fiscal year
under a qualified program; and
individual who is not enrolled in— unless expressly so provided herein.
SEC. 1705. Unless otherwise provided for by (B) carrying out subparagraph (A) with ap-
(1) a Federal health care program (as de- propriate safety measures with respect to
fined under section 1128B(f) of the Social Se- this Act, the additional amounts appro-
priated by this Act to appropriations ac- COVID–19, as determined by the Secretary.
curity Act (42 U.S.C. 1320a–7b(f)), including (2) STATE ELECTION.—A waiver established
an individual who is eligible for medical as- counts shall be available under the authori-
ties and conditions applicable to such appro- under paragraph (1) shall—
sistance only because of subsection (A) notwithstanding paragraph (2) of sec-
(a)(10)(A)(ii)(XXIII) of Section 1902 of the So- priations accounts for fiscal year 2020.
SEC. 1706. Each amount designated in this tion 12(l) of the Richard B. Russell National
cial Security Act; or School Lunch Act (42 U.S.C. 1760(l)), apply
(2) a group health plan or health insurance Act by the Congress as being for an emer-
gency requirement pursuant to section automatically to any State that elects to be
coverage offered by a health insurance issuer subject to the waiver without further appli-
in the group or individual market (as such 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall cation; and
terms are defined in section 2791 of the Pub- (B) not be subject to the requirements
lic Health Service Act (42 U.S.C. 300gg–91)), be available (or rescinded or transferred, if
applicable) only if the President subse- under paragraph (3) of such section.
or a health plan offered under chapter 89 of (b) CHILD AND ADULT CARE FOOD PROGRAM
title 5, United States Code: quently so designates all such amounts and
transmits such designations to the Congress. WAIVER.—Notwithstanding any other provi-
Provided further, That such amount is des- SEC. 1707. Any amount appropriated by this sion of law, the Secretary may grant a waiv-
ignated by the Congress as being for an Act, designated by the Congress as an emer- er under section 12(l) of the Richard B. Rus-
emergency requirement pursuant to section gency requirement pursuant to section sell National School Lunch Act (42 U.S.C. 23
251(b)(2)(A)(i) of the Balanced Budget and 251(b)(2)(A)(i) of the Balanced Budget and 1760(l)) to allow non-congregate feeding
Emergency Deficit Control Act of 1985. Emergency Deficit Control Act of 1985 and under a child and adult care food program
TITLE VI subsequently so designated by the President, under section 17 of the Richard B. Russell
DEPARTMENT OF VETERANS AFFAIRS and transferred pursuant to transfer authori- National School Lunch Act (42 U.S.C. 1766) if
ties provided by this Act shall retain such such waiver is for the purposes of—
VETERANS HEALTH ADMINISTRATION
designation. (1) providing meals and meal supplements
MEDICAL SERVICES under such child and adult care food pro-
This division may be cited as the ‘‘Second
For an additional amount for ‘‘Medical Coronavirus Preparedness and Response Sup- gram; and
Services’’, $30,000,000, to remain available plemental Appropriations Act, 2020’’. (2) carrying out paragraph (1) with appro-
until September 30, 2022, for health services DIVISION B—NUTRITION WAIVERS priate safety measures with respect to
consisting of SARS–CoV–2 or COVID–19 re- COVID–19, as determined by the Secretary.
TITLE I—MAINTAINING ESSENTIAL
lated items and services as described in sec- (c) MEAL PATTERN WAIVER.—Notwith-
ACCESS TO LUNCH FOR STUDENTS ACT
tion 6006(b) of division F of the Families standing paragraph (4)(A) of section 12(l) of
SEC. 2101. SHORT TITLE.
First Coronavirus Response Act (or the ad- the Richard B. Russell National School
ministration of such products): Provided, This title may be cited as the ‘‘Maintain- Lunch Act (42 U.S.C. 1760(l)) the Secretary
That such amount is designated by the Con- ing Essential Access to Lunch for Students may grant a waiver under such section that
gress as being for an emergency requirement Act’’ or the ‘‘MEALS Act’’. relates to the nutritional content of meals
pursuant to section 251(b)(2)(A)(i) of the Bal- SEC. 2102. WAIVER EXCEPTION FOR SCHOOL CLO-
served if the Secretary determines that—
SURES DUE TO COVID–19.
anced Budget and Emergency Deficit Control (1) such waiver is necessary to provide
(a) IN GENERAL.—The requirements under
Act of 1985. meals and meal supplements under a quali-
section 12(l)(1)(A)(iii) of the Richard B. Rus-
MEDICAL COMMUNITY CARE fied program; and
sell National School Lunch Act (42 U.S.C.
For an additional amount for ‘‘Medical (2) there is a supply chain disruption with
1760(l)(1)(A)(iii)) shall not apply to a quali-
Community Care’’, $30,000,000, to remain respect to foods served under such a qualified
fied COVID–19 waiver.
available until September 30, 2022, for health (b) ALLOWABLE INCREASE IN FEDERAL program and such disruption is due to
services consisting of SARS–CoV–2 or COSTS.—Notwithstanding paragraph (4) of COVID–19.
COVID–19 related items and services as de- section 12(l) of the Richard B. Russell Na- (d) REPORTS.—Each State that receives a
scribed in section 6006(b) of division F of the tional School Lunch Act (42 U.S.C.18 1760(l)), waiver under subsection (a), (b), or (c), shall,
Families First Coronavirus Response Act (or the Secretary of Agriculture may grant a not later than 1 year after the date such
the administration of such products): Pro- qualified COVID–19 waiver that increases State received such waiver, submit a report
vided, That such amount is designated by the Federal costs. to the Secretary that includes the following:
Congress as being for an emergency require- (c) TERMINATION AFTER PERIODIC REVIEW.— (1) A summary of the use of such waiver by
ment pursuant to section 251(b)(2)(A)(i) of The requirements under section 12(l)(5) of the State and eligible service providers.
the Balanced Budget and Emergency Deficit the Richard B. Russell National School (2) A description of whether such waiver
Control Act of 1985. Lunch Act (42 U.S.C. 1760(l)(5)) shall not resulted in improved services to children.
apply to a qualified COVID–19 waiver. (e) SUNSET.—The authority of the Sec-
TITLE VII retary to establish or grant a waiver under
(d) QUALIFIED COVID–19 WAIVER.—In this
GENERAL PROVISIONS—THIS ACT section, the term ‘‘qualified COVID–19 waiv- this section shall expire on September 30,
SEC. 1701. Not later than 30 days after the er’’ means a waiver— 2020.
date of enactment of this Act, the head of (1) requested by a State (as defined in sec- (f) DEFINITIONS.—In this section:
each executive agency that receives funding tion 12(d)(8) of the Richard B. Russell Na- (1) QUALIFIED PROGRAM.—The term ‘‘quali-
in this Act shall provide a report detailing tional School Lunch Act (42 U.S.C. fied program’’ means the following:
the anticipated uses of all such funding to 1760(d)(8))) or eligible service provider under (A) The school lunch program under the
the Committees on Appropriations of the section 121(l) of the Richard B. Russell Na- Richard B. Russell National School Lunch
House of Representatives and the Senate: tional School Lunch Act (42 U.S.C. 1760(l)); Act (42 U.S.C. 1751 et seq.).
Provided, That each report shall include esti- and (B) The school breakfast program under
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mated personnel and administrative costs, as (2) to waive any requirement under such section 4 of the Child Nutrition Act of 1966
well as the total amount of funding appor- Act (42 U.S.C. 1751 et seq.) or the Child Nutri- (42 U.S.C. 1773).
tioned, allotted, obligated, and expended, to tion Act of 1966 (42 U.S.C. 1771 et seq.), or any (C) The child and adult care food program
date: Provided further, That each such plan regulation issued under either such Act, for under section 17 of the Richard B. Russell
shall be updated and submitted to such Com- purposes of providing meals and meal supple- National School Lunch Act (42 U.S.C. 1766).
mittees every 60 days until all funds are ex- ments under such Acts during a school clo- (D) The summer food service program for
pended or expire. sure due to COVID–19. children under section 13 of the Richard B.
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H1678 CONGRESSIONAL RECORD — HOUSE March 13, 2020
Russell National School Lunch Act (42 U.S.C. the Child Nutrition Act of 1966 (42 U.S.C. systems described in section 7(h) of the Food
1761). 1786) that the Secretary of Agriculture deter- and Nutrition Act of 2008 impracticable, any
(2) SECRETARY.—The term ‘‘Secretary’’ mines— disruptions of transportation and commu-
means the Secretary of Agriculture. (A) cannot be met by a State agency due to nication facilities, and any health consider-
(3) STATE.—The term ‘‘State’’ has the COVID–19; and ations that warrant alternative approaches.)
meaning given such term in section 12(d)(8) (B) the modification or waiver of which is (b) Not later than 10 days after the date of
of the Richard B. Russell National School necessary to provide assistance under such the receipt or issuance of each document
Lunch Act (42 U.S.C. 1760(d)(8)). section. listed in paragraphs (1), (2), or (3) of this sub-
SEC. 2203. PHYSICAL PRESENCE WAIVER UNDER (b) STATE AGENCY REPORTS.—Each State section, the Secretary of Agriculture shall
WIC DURING CERTAIN PUBLIC agency that receives a waiver under sub- make publicly available on the website of
HEALTH EMERGENCIES. section (a)(1) shall, not later than 1 year the Department the following documents:
(a) WAIVER AUTHORITY.—— after the date such State agency received (1) Any request submitted by State agen-
(1) IN GENERAL.—Notwithstanding any such waiver, submit a report to the Sec- cies under subsection (a).
other provision of law, the Secretary may retary of Agriculture that includes the fol- (2) The Secretary’s approval or denial of
grant a request described in paragraph (2) lowing: each such request.
to— (1) A summary of the use of such waiver by (3) Any guidance issued under subsection
(A) waive the requirement under section the State agency. (a)(2).
17(d)(3)(C)(i) of the Child Nutrition Act of (2) A description of whether such waiver (c) The Secretary of Agriculture shall,
1966 (42 U.S.C. 1786(d)(3)(C)(i)); and resulted in improved services to women, in- within 18 months after the public health
(B) defer anthropometric and bloodwork fants, and children. emergency declaration described in sub-
requirements necessary to determine nutri- (c) SUNSET.—The authority under this sec- section (a) is lifted, submit a report to the
tional risk. tion shall expire on September 30, 2020. House and Senate Agriculture Committees
(2) REQUEST.—A request described in this TITLE III—SNAP WAIVERS with a description of the measures taken to
paragraph is a request made to the Secretary address the food security needs of affected
SEC. 2301. SNAP FLEXIBILITY FOR LOW-INCOME
by a State agency to waive, on behalf of the populations during the emergency, any infor-
JOBLESS WORKERS.
local agencies served by such State agency, mation or data supporting State agency re-
(a) Beginning with the first month that be-
the requirements described in paragraph (1) quests, any additional measures that States
gins after the enactment of this Act and for
during any portion of the emergency period requested that were not approved, and rec-
each subsequent month through the end of
(as defined in paragraph (1)(B) of section ommendations for changes to the Secretary’s
the month subsequent to the month a public
1135(g) of the Social Security Act (42 U.S.C. authority under the Food and Nutrition Act
health emergency declaration by the Sec-
1320b–5(g)) (beginning on or after the date of of 2008 to assist the Secretary and States and
retary of Health and Human Services under
the enactment of this section). localities in preparations for any future
(b) REPORTS.— section 319 of the Public Health Service Act
based on an outbreak of coronavirus disease health emergencies.
(1) LOCAL AGENCY REPORTS.—Each local DIVISION C—EMERGENCY FAMILY AND
agency that uses a waiver pursuant to sub- 2019 (COVID–19) is lifted, eligibility for sup-
plemental nutrition assistance program ben- MEDICAL LEAVE EXPANSION ACT
section (a) shall, not later than 1 year after
the date such local agency uses such waiver, efits shall not be limited under section SEC. 3101. SHORT TITLE.
submit a report to the State agency serving 6(o)(2) of the Food and Nutrition Act of 2008 This Act may be cited as ‘‘Emergency
such local agency that includes the fol- unless an individual does not comply with Family and Medical Leave Expansion Act’’.
lowing: the requirements of a program offered by the SEC. 3102. AMENDMENTS TO THE FAMILY AND
(A) A summary of the use of such waiver State agency (as defined in section 3 of the MEDICAL LEAVE ACT OF 1993.
by the local agency. Food and Nutrition Act of 2008) that meets (a) PUBLIC HEALTH EMERGENCY LEAVE.—
(B) A description of whether such waiver the standards of subparagraphs (B) or (C) of (1) IN GENERAL.—Section 102(a)(1) of the
resulted in improved services to women, in- such section 6(o)(2). Family and Medical Leave Act of 1993 (29
fants, and children. (b) Beginning on the month subsequent to U.S.C. 2612(a)(1)) is amended by adding at the
(2) STATE AGENCY REPORTS.—Each State the month the public health emergency dec- end the following:
agency that receives a waiver under sub- laration by the Secretary of Health and ‘‘(F) During the period beginning on the
section (a) shall, not later than 18 months Human Services under section 319 of the date the Emergency Family and Medical
after the date such State agency received Public Health Service Act based on an out- Leave Expansion Act takes effect, and end-
such waiver, submit a report to the Sec- break of COVID–19 is lifted for purposes of ing on December 31, 2020, because of a quali-
retary that includes the following: section 6(o) of the Food and Nutrition Act of fying need related to a public health emer-
(A) A summary of the reports received by 2008, such State agency shall disregard any gency in accordance with section 110.’’.
the State agency under paragraph (1). period during which an individual received (2) PAID LEAVE REQUIREMENT.—Section
(B) A description of whether such waiver benefits under the supplemental nutrition 102(c) of the Family and Medical Leave Act
resulted in improved services to women, in- assistance program prior to such month. of 1993 (29 U.S.C. 2612(c)) is amended by strik-
fants, and children. SEC. 2302. ADDITIONAL SNAP FLEXIBILITIES IN A ing ‘‘under subsection (a)’’ and inserting
(c) SUNSET.—The authority under this sec- PUBLIC HEALTH EMERGENCY. ‘‘under subsection (a) (other than certain pe-
tion shall expire on September 30, 2020. (a) In the event of a public health emer- riods of leave under subsection 8 (a)(1)(F))’’.
(d) DEFINITIONS.—In this section: gency declaration by the Secretary of Health (b) REQUIREMENTS.—Title I of the Family
(1) LOCAL AGENCY.—The term ‘‘local agen- and Human Services under section 319 of the and Medical Leave Act of 1993 (29 U.S.C. 2611
cy’’ has the meaning given the term in sec- Public Health Service Act based on an out- et seq.) is amended by adding at the end the
tion 17(b) of the Child Nutrition Act of 1966 break of coronavirus disease 2019 (COVID–19) following:
(42 U.S.C. 1786(b)). and the issuance of an emergency or disaster ‘‘SEC. 110. PUBLIC HEALTH EMERGENCY LEAVE.
(2) NUTRITIONAL RISK.—The term ‘‘nutri- declaration by a State based on an outbreak ‘‘(a) DEFINITIONS.—The following shall
tional risk’’ has the meaning given the term of COVID–19, the Secretary of Agriculture— apply with respect to leave under section
in section 17(b) of the Child Nutrition Act of (1) shall provide, at the request of a State 102(a)(1)(F):
1966 (42 U.S.C. 1786(b)). agency (as defined in section 3 of the Food ‘‘(1) APPLICATION OF CERTAIN TERMS.—The
(3) SECRETARY.—The term ‘‘Secretary’’ and Nutrition Act of 2008) that provides suf- definitions in section 101 shall apply, except
means the Secretary of Agriculture. ficient data (as determined by the Secretary as follows:
(4) STATE AGENCY.— The term ‘‘State agen- through guidance) supporting such request, ‘‘(A) ELIGIBLE EMPLOYEE.—In lieu of the
cy’’ has the meaning given the term in sec- for emergency allotments to households par- definition in sections 101(2)(A) and
tion 17(b) of the Child Nutrition Act of 1966 ticipating in the supplemental nutrition as- 101(2)(B)(ii), the term eligible employee’
(42 U.S.C. 1786(b)). sistance program under the Food and Nutri- means an employee who has been employed
SEC. 2204.ADMINISTRATIVE REQUIREMENTS tion Act of 2008 to address temporary food for at least 30 calendar days by the employer
WAIVER UNDER WIC. needs not greater than the applicable max- with respect to whom leave is requested
(a) WAIVER AUTHORITY.— imum monthly allotment for the household under section 102(a)(1)(F).
(1) IN GENERAL.—Notwithstanding any size; and ‘‘(B) EMPLOYER THRESHOLD.—Section
other provision of law, the Secretary of Agri- (2) may adjust, at the request of State 101(4)(A)(i) shall be applied by substituting
culture may, if requested by a State agency agencies or by guidance in consultation with ‘fewer than 500 employees’ for ‘50 or more
(as defined in section 17(b) of the Child Nu- one or more State agencies, issuance meth- employees for each working day during each
trition Act of 1966 (42 U.S.C. 1786(b)), modify ods and application and reporting require- of 20 or more calendar workweeks in the cur-
dlhill on DSKBBY8HB2PROD with HOUSE
or waive any qualified administrative re- ments under the Food and Nutrition Act of rent or preceding calendar year’.
quirement with respect to such State agen- 2008 to be consistent with what is practicable ‘‘(C) PARENT.—In lieu of the definition in
cy. under actual conditions in affected areas. (In section 101(7), the term ‘parent’, with respect
(2) QUALIFIED ADMINISTRATIVE REQUIRE- making this adjustment, the Secretary shall to an employee, means any of the following:
MENT.—In this section, the term ‘‘qualified consider the availability of offices and per- ‘‘(i) A biological, foster, or adoptive parent
administrative requirement’’ means a regu- sonnel in State agencies, any conditions that of the employee.
latory requirement issued under section 17 of make reliance on electronic benefit transfer ‘‘(ii) A stepparent of the employee.
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1679
‘‘(iii) A parent-in-law of the employee. ‘‘(A) to exclude certain health care pro- equivalent to the position the employee held
‘‘(iv) A parent of a domestic partner of the viders and emergency responders from the when the leave commenced, with equivalent
employee. definition of eligible employee under section employment benefits, pay, and other terms
‘‘(v) A legal guardian or other person who 110(a)(1)(A); and and conditions of employment.
stood in loco parentis to an employee when ‘‘(B) to exempt small businesses with fewer ‘‘(D) If the reasonable efforts of the em-
the employee was a child. than 50 employees from the requirements of ployer under subparagraph (C) fail, the em-
‘‘(2) ADDITIONAL DEFINITIONS.—In addition section 102(a)(1)(F) when the imposition of ployer makes reasonable efforts during the
to the definitions described in paragraph (1), such requirements would jeopardize the via- period described in paragraph (3) to contact
the following definitions shall apply with re- bility of the business as a going concern. the employee if an equivalent position de-
spect to leave under section 102(a)(1)(F): ‘‘(b) RELATIONSHIP TO PAID LEAVE.— scribed in subparagraph (C) becomes avail-
‘‘(A) QUALIFYING NEED RELATED TO A PUBLIC ‘‘(1) UNPAID LEAVE FOR INITIAL 14 DAYS.— able.
HEALTH EMERGENCY.—The term ‘qualifying ‘‘(A) IN GENERAL.—The first 14 days for ‘‘(3) CONTACT PERIOD.—The period described
need related to a public health emergency’, which an employee takes leave under section under this paragraph is the 1-year period be-
with respect to leave, means the employee 102(a)(1)(F) may consist of unpaid leave. ginning on the earlier of—
has a need for leave for one of the following: ‘‘(B) EMPLOYEE ELECTION.—An employee ‘‘(A) the date on which the qualifying need
‘‘(i) To comply with a recommendation or may elect to substitute any accrued vacation related to a public health emergency con-
order by a public official having jurisdiction leave, personal leave, or medical or sick cludes; or
or a health care provider on the basis that— leave for unpaid leave under section ‘‘(B) the date that is 12 weeks after the
‘‘(I) the physical presence of the employee 102(a)(1)(F) in accordance with section date on which the employee’s leave under
on the job would jeopardize the health of 102(d)(2)(B). section 102(a)(1)(F) commences.’’.
others because of— ‘‘(C) EMPLOYER REQUIREMENT.—An em- SEC. 3103.EMPLOYMENT UNDER MULTI-EM-
‘‘(aa) the exposure of the employee to ployer may not require an employee to sub- PLOYER BARGAINING AGREEMENTS.
coronavirus; or stitute any leave as described in subpara- (a) EMPLOYERS.—An employer signatory to
‘‘(bb) exhibition of symptoms of graph (B) for leave under section 102(a)(1)(F). a multiemployer collective bargaining agree-
coronavirus by the employee; and (2) PAID LEAVE FOR SUBSEQUENT DAYS.— ment may, consistent with its bargaining ob-
‘‘(II) the employee is unable to both per- (A) IN GENERAL.—An employer shall pro- ligations and its collective bargaining agree-
form the functions of the position of such vide paid leave for each day of leave under ment, fulfill its obligations under section
employee and comply with such rec- section 102(a)(1)(F) that an employee takes 110(b)(2) of title I of the Family and Medical
ommendation or order. after taking leave under such section for 14 Leave Act of 1993, as added by the Families
‘‘(ii) To care for a family member of an eli- First Coronavirus Response Act, by making
days.
gible employee with respect to whom a pub- ‘‘(B) CALCULATION.—Paid leave under sub- contributions to a multiemployer fund, plan,
lic official having jurisdiction or a health paragraph (A) for an employee shall be cal- or program based on the paid leave each of
care provider makes a determination that culated based on— its employees is entitled to under such sec-
the presence of the family member in the ‘‘(i) an amount that is not less than two- tion while working under the multiemployer
community would jeopardize the health of thirds of an employee’s regular rate of pay collective bargaining agreement, provided
other individuals in the community because (as determined under section 7(e) of the Fair that the fund, plan, or program enables em-
of— Labor Standards Act of 1938 (29 U.S.C. 207(e)); ployees to secure pay from such fund, plan,
‘‘(I) the exposure of such family member to
and or program based on hours they have worked
coronavirus; or ‘‘(ii) the number of hours the employee under the multiemployer collective bar-
‘‘(II) exhibition of symptoms of
would otherwise be normally scheduled to gaining agreement for paid leave taken
coronavirus by such family member.
work (or the number of hours calculated under section 102(a)(1)(F) of title I of the
‘‘(iii) To care for the son or daughter under
under subparagraph (C)). Family and Medical Leave Act of 1993, as
18 years of age of such employee if the school
‘‘(C) VARYING SCHEDULE HOURS CALCULA- added by the Families First Coronavirus Re-
or place of care has been closed, or the child
TION.—In the case of an employee whose sponse Act.
care provider of such son or daughter is un-
schedule varies from week to week to such (b) EMPLOYEES.—Employees who work
available, due to a public health emergency.
an extent that an employer is unable to de- under a multiemployer collective bargaining
‘‘(B) PUBLIC HEALTH EMERGENCY.—The term
termine with certainty the number of hours agreement into which their employers make
‘public health emergency’ means an emer-
the employee would have worked if such em- contributions as provided in subsection (a)
gency with respect to coronavirus declared
ployee had not taken leave under section may secure pay from such fund, plan, or pro-
by a Federal, State, or local authority.
‘‘(C) CHILD CARE PROVIDER.—The term 102(a)(1)(F), the employer shall use the fol- gram based on hours they have worked under
‘child care provider’ means a provider who lowing in place of such number: the multiemployer collective bargaining
receives compensation for providing child ‘‘(i) Subject to clause (ii), a number equal agreement for paid leave taken under section
care services on a regular basis, including an to the average number of hours that the em- 102(a)(1)(F) of title I of the Family and Med-
‘eligible child care provider’ (as defined in ployee was scheduled per day over the 6- ical Leave Act of 1993, as added by the Fami-
section 658P of the Child Care and Develop- month period ending on the date on which lies First Coronavirus Response Act.
ment Block Grant Act of 1990 (42 U.S.C. the employee takes such leave, including SEC. 3104. SPECIAL RULE FOR CERTAIN EMPLOY-
9858n)). hours for which the employee took leave of ERS.
‘‘(D) CORONAVIRUS.—The term any type. An employer under 110(a)(B) shall not be
‘coronavirus’ has the meaning given the ‘‘(ii) If the employee did not work over subject to section 107(a) for a violation of
term in section 506 of the Coronavirus Pre- such period, the reasonable expectation of section 102(a)(1)(F) if the employer does not
paredness and Response Supplemental Ap- the employee at the time of hiring of the av- meet the definition of employer set forth at
propriations Act, 2020. erage number of hours per day that the em- Section 101(4)(A)(i).
‘‘(E) SCHOOL.—The term ‘school’ means an ployee would normally be scheduled to work. SEC. 3105. EFFECTIVE DATE.
‘elementary school’ or ‘secondary school’ as ‘‘(c) NOTICE.—In any case where the neces- This Act shall take effect not later than 15
such terms are defined in section 8101 of the sity for leave under section 102(a)(1)(F) for days after the date of enactment of this Act.
Elementary and Secondary Education Act of the purpose described in subsection DIVISION D—EMERGENCY UNEMPLOY-
1965 (20 U.S.C. 7801). (a)(2)(A)(iii) is foreseeable, an employee shall MENT INSURANCE STABILIZATION AND
‘‘(F) FAMILY.—The term ‘family member’, provide the employer with such notice of ACCESS ACT OF 2020
with respect to an employee, means any of leave as is practicable.
SEC. 4101. SHORT TITLE.
the following: ‘‘(d) RESTORATION TO POSITION.—
‘‘(1) IN GENERAL.—Section 104(a)(1) shall This division may be cited as the ‘‘Emer-
‘‘(i) A parent of the employee. gency Unemployment Insurance Stabiliza-
‘‘(ii) A spouse of the employee. not apply with respect to an employee of an
employer who employs fewer than 25 employ- tion and Access Act of 2020’’.
‘‘(iii) A son or daughter, who is under 18
ees if the conditions described in paragraph SEC. 4102. EMERGENCY TRANSFERS FOR UNEM-
years of age, of the employee. PLOYMENT COMPENSATION ADMIN-
‘‘(iv) An individual who is a pregnant (2) are met.
ISTRATION.
woman, senior citizen, individual with a dis- ‘‘(2) CONDITIONS.—The conditions described
(a) IN GENERAL.—Section 903 of the Social
ability, or has access or functional needs and in this paragraph are the following:
Security Act (42 U.S.C. 1103) is amended by
who is— ‘‘(A) The employee takes leave under sec-
adding at the end the following:
‘‘(I) a son or daughter of the employee; tion 102(a)(1)(F).
‘‘(II) a next of kin of the employee or a per- ‘‘(B) The position held by the employee ‘‘Emergency Transfers in Fiscal Year 2020 for
son for whom the employee is next of kin; or when the leave commenced does not exist Administration
dlhill on DSKBBY8HB2PROD with HOUSE
‘‘(III) a grandparent or grandchild of the due to economic conditions or other changes ‘‘(h)(1)(A) In addition to any other
employee. in operating conditions of the employer— amounts, the Secretary of Labor shall pro-
‘‘(3) REGULATORY AUTHORITIES.—The Sec- ‘‘(i) that affect employment; and vide for the making of emergency adminis-
retary of Labor shall have the authority to ‘‘(ii) are caused by a public health emer- tration grants in fiscal year 2020 to the ac-
issue regulations for good cause under sec- gency during the period of leave. counts of the States in the Unemployment
tions 553(b)(B) and 553(d)(A) of title 5, United ‘‘(C) The employer makes reasonable ef- Trust Fund, in accordance with succeeding
States Code— forts to restore the employee to a position provisions of this subsection.
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H1680 CONGRESSIONAL RECORD — HOUSE March 13, 2020
‘‘(B) The amount of an emergency adminis- ‘‘(B) a description of steps the State in- such terms under section 204 of the Federal-
tration grant with respect to a State shall, tends to take to increase such recipiency State Extended Unemployment Compensa-
as determined by the Secretary of Labor, be rate. tion Act of 1970; and
equal to the amount obtained by multiplying ‘‘(6)(A) Notwithstanding any other provi- (2) the term ‘‘week’’ has the meaning given
$1,000,000,000 by the same ratio as would sion of law, the Secretary of the Treasury such term under section 205 of the Federal-
apply under subsection (a)(2)(B) for purposes shall transfer from the general fund of the State Extended Unemployment Compensa-
of determining such State’s share of any ex- Treasury (from funds not otherwise appro- tion Act of 1970.
cess amount (as described in subsection priated) to the employment security admin- (d) REGULATIONS.—The Secretary of Labor
(a)(1)) that would have been subject to trans- istration account (as established by section may prescribe any operating instructions or
fer to State accounts, as of October 1, 2019, 901 of the Social Security Act) such sums as regulations necessary to carry out this sec-
under the provisions of subsection (a). the Secretary of Labor estimates to be nec- tion.
‘‘(C) Of the emergency administration essary for purposes of making the transfers DIVISION E—EMERGENCY PAID SICK
grant determined under subparagraph (B) described in paragraph (1)(C). LEAVE ACT
with respect to a State— ‘‘(B) There are appropriated from the gen- SEC. 5101. SHORT TITLE.
‘‘(i) not later than 60 days after the date of eral fund of the Treasury, without fiscal year
This Act may be cited as the ‘‘Emergency
enactment of this subsection, 50 percent limitation, the sums referred to in the pre-
Paid Sick Leave Act’’.
shall be transferred to the account of such ceding sentence and such sums shall not be
SEC. 5102. PAID SICK TIME REQUIREMENT.
State upon a certification by the Secretary required to be repaid.’’.
(b) EMERGENCY FLEXIBILITY.—Notwith- (a) IN GENERAL.—An employer shall pro-
of Labor to the Secretary of the Treasury
standing any other law, if a State modifies vide to each employee employed by the em-
that the State meets the requirements of
its unemployment compensation law and ployer paid sick time for any of the following
paragraph (2); and
‘‘(ii) only with respect to a State in which policies with respect to work search, waiting uses:
week, good cause, or employer experience (1) To self-isolate because the employee is
the number of unemployment compensation
rating on an emergency temporary basis as diagnosed with coronavirus.
claims has increased by at least 10 percent
(2) To obtain a medical diagnosis or care if
over the same quarter in the previous cal- needed to respond to the spread of COVID–19,
such employee is experiencing the symptoms
endar year, the remainder shall be trans- such modifications shall be disregarded for
of coronavirus.
ferred to the account of such State upon a the purposes of applying section 303 of the
(3) To comply with a recommendation or
certification by the Secretary of Labor to Social Security Act and section 3304 of the
order by a public official with jurisdiction or
the Secretary of the Treasury that the State Internal Revenue Code of 1986 to such State
a health care provider on the basis that the
meets the requirements of paragraph (3). law.
physical presence of the employee on the job
‘‘(2) The requirements of this paragraph (c) REGULATIONS.—The Secretary of Labor
would jeopardize the health of others be-
with respect to a State are the following: may prescribe any regulations, operating in-
cause of—
‘‘(A) The State requires employers to pro- structions, or other guidance necessary to
(A) the exposure of the employee to
vide notification of the availability of unem- carry out the amendment made by sub-
coronavirus; or
ployment compensation to employees at the section (a). (B) exhibition of symptoms of coronavirus
time of separation from employment. Such SEC. 4103. TEMPORARY ASSISTANCE FOR STATES
by the employee.
notification may be based on model notifica- WITH ADVANCES.
(4) To care for or assist a family member of
tion language issued by the Secretary of Section 1202(b)(10)(A) of the Social Secu- the employee—
Labor. rity Act (42 U.S.C. 1322(b)(10)(A)) is amended (A) who—
‘‘(B) The State ensures that applications by striking ‘‘beginning on the date of enact- (i) is self-isolating because such family
for unemployment compensation, and assist- ment of this paragraph and ending on De- member has been diagnosed with
ance with the application process, are acces- cember 31, 2010’’ and inserting ‘‘beginning on coronavirus; or
sible in at least two of the following: in-per- the date of enactment of the Emergency Un- (ii) is experiencing symptoms of
son, by phone, or online. employment Insurance Stabilization and Ac- coronavirus and needs to obtain medical di-
‘‘(C) The State notifies applicants when an cess Act of 2020 and ending on December 31, agnosis or care.
application is received and is being proc- 2020’’. (B) with respect to whom a public official
essed, and in any case in which an applica- SEC. 4104. TECHNICAL ASSISTANCE AND GUID- with jurisdiction or a health care provider
tion is unable to be processed, provides infor- ANCE FOR SHORT-TIME COMPENSA- makes a determination that the presence of
mation about steps the applicant can take to TION PROGRAMS. the family member in the community would
ensure the successful processing of the appli- The Secretary of Labor shall assist States jeopardize the health of other individuals in
cation. in establishing, implementing, and improv- the community because of—
‘‘(3) The requirements of this paragraph ing the employer awareness of short-time (i) the exposure of such family member to
with respect to a State are the following: compensation programs (as defined in sec- the coronavirus; or
‘‘(A) The State has expressed its commit- tion 3306(v) of the Internal Revenue Code of (ii) exhibition of symptoms of coronavirus
ment to maintain and strengthen access to 1986) to help avert layoffs, including by pro- by such family member.
the unemployment compensation system, in- viding technical assistance and guidance. (5) To care for the child of such employee
cluding through initial and continued SEC. 4105. FULL FEDERAL FUNDING OF EX- if the school or place of care has been closed,
claims. TENDED UNEMPLOYMENT COM- or the child care provider of such child is un-
‘‘(B) The State has demonstrated steps it PENSATION FOR A LIMITED PERIOD. available, due to coronavirus.
has taken or will take to ease eligibility re- (a) IN GENERAL.—In the case of sharable ex- (b) DURATION OF PAID SICK TIME.—
quirements and access to unemployment tended compensation and sharable regular (1) IN GENERAL.—An employee shall be en-
compensation for claimants, including compensation paid for weeks of unemploy- titled to paid sick time for an amount of
waiving work search requirements and the ment beginning after the date of the enact- hours determined under paragraph (2).
waiting week, and non-charging employers ment of this section and before December 31, (2) AMOUNT OF HOURS.—The amount of
directly impacted by COVID–19 due to an ill- 2020 (and only with respect to States that re- hours of paid sick time to which an employee
ness in the workplace or direction from a ceive emergency administration grant fund- is entitled shall be as follows:
public health official to isolate or quar- ing under clauses (i) and (ii) of section (A) For full-time employees, 80 hours.
antine workers. 903(h)(1)(C) of the Social Security Act (42 (B) For part-time employees, a number of
‘‘(4) Any amount transferred to the ac- U.S.C. 1102(h)(1)(C))), section 204(a)(1) of the hours equal to the number of hours that such
count of a State under this subsection may Federal-State Extended Unemployment employee works, on average, over a 2-week
be used by such State only for the adminis- Compensation Act of 1970 (26 U.S.C. 3304 period.
tration of its unemployment compensation note) shall be applied by substituting ‘‘100 (3) CARRYOVER.—Paid sick time under this
law, including by taking such steps as may percent of’’ for ‘‘one-half of’’. section shall not carry over from 1 year to
be necessary to ensure adequate resources in (b) TEMPORARY FEDERAL MATCHING FOR THE the next.
periods of high demand. FIRST WEEK OF EXTENDED BENEFITS FOR (c) EMPLOYER’S TERMINATION OF PAID SICK
‘‘(5) Not later than 1 year after the date of STATES WITH NO WAITING WEEK.—With re- TIME.—Paid sick time provided to an em-
enactment of the Emergency Unemployment spect to weeks of unemployment beginning ployee under this Act shall cease beginning
Insurance Stabilization and Access Act of after the date of the enactment of this Act with the employee’s next scheduled
2020, each State receiving emergency admin- and ending on or before December 31, 2020, workshift immediately following the termi-
istration grant funding under paragraph subparagraph (B) of section 204(a)(2) of the nation of the need for paid sick time under
(1)(C)(i) shall submit to the Secretary of Federal-State Extended Unemployment subsection (a).
dlhill on DSKBBY8HB2PROD with HOUSE
Labor, the Committee on Ways and Means of Compensation Act of 1970 (26 U.S.C. 3304 (d) EMPLOYERS WITH EXISTING POLICIES.—
the House of Representatives, and the Com- note) shall not apply. With respect to an employer that provides
mittee on Finance of the Senate, a report (c) DEFINITIONS.—For purposes of this sec- paid leave on the day before the date of en-
that includes— tion— actment of this Act—
‘‘(A) an analysis of the recipiency rate for (1) the terms ‘‘sharable extended com- (1) the paid sick time under this Act shall
unemployment compensation in the State as pensation’’ and ‘‘sharable regular compensa- be made available to employees of the em-
such rate has changed over time; tion’’ have the respective meanings given ployer in addition to such paid leave; and
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1681
(2) the employer may not change such paid (b) EMPLOYEES.—Employees who work fined in section 2101(1) of title 5, United
leave on or after such date of enactment to under a multiemployer collective bargaining States Code).
avoid being subject to paragraph (1). agreement into which their employers make (5) EMPLOYER.—
(e) PROHIBITION.—An employer may not re- contributions as provided in subsection (a) (A) IN GENERAL.—The term ‘‘employer’’
quire, as a condition of providing paid sick may secure pay from such fund, plan, or pro- means a person who is—
time under this Act, that the employee in- gram based on hours they have worked under (i)(I) a covered employer, as defined in sub-
volved search for or find a replacement em- the multiemployer collective bargaining paragraph (B), who is not covered under sub-
ployee to cover the hours during which the agreement for the uses specified in section clause (V);
employee is using paid sick time. 2(a). (II) an entity employing a State employee
(f) USE OF PAID SICK TIME.— SEC. 5107. RULES OF CONSTRUCTION. described in section 304(a) of the Government
(1) IN GENERAL.—The paid sick time under Nothing in this Act shall be construed— Employee Rights Act of 1991;
subsection (a) shall be available for imme- (1) to in any way diminish the rights or (III) an employing office, as defined in sec-
diate use by the employee for the purposes benefits that an employee is entitled to tion 101 of the Congressional Accountability
described in such subsection, regardless of under any— Act of 1995;
how long the employee has been employed by (A) other Federal, State, or local law; (IV) an employing office, as defined in sec-
an employer. (B) collective bargaining agreement; or tion 411(c) of title 3, United States Code; or
(2) SEQUENCING.— (C) existing employer policy; or (V) an Executive Agency as defined in sec-
(A) IN GENERAL.—An employee may first (2) to require financial or other reimburse- tion 105 of title 5, United States Code, and
use the paid sick time under subsection (a) ment to an employee from an employer upon including the U.S. Postal Service and the
for the purposes described in such sub- the employee’s termination, resignation, re- Postal Regulatory Commission; and
section. tirement, or other separation from employ- (ii) engaged in commerce (including gov-
(B) PROHIBITION.—An employer may not re- ment for paid sick time under this Act that ernment), or an industry or activity affect-
quire an employee to use other paid leave has not been used by such employee. ing commerce (including government), as de-
provided by the employer to the employee SEC. 5108. EFFECTIVE DATE. fined in subparagraph (B)(iii).
before the employee uses the paid sick time This Act, and the requirements under this (B) COVERED EMPLOYER.—
under subsection (a). Act, shall take effect not later than 15 days (i) IN GENERAL.—In subparagraph (A)(i)(I),
SEC. 5103. NOTICE. after the date of enactment of this Act. the term ‘‘covered employer’’—
(a) IN GENERAL.—Each employer shall post (I) means any person engaged in commerce
SEC. 5109. SUNSET.
and keep posted, in conspicuous places on or in any industry or activity affecting com-
This Act, and the requirements under this merce that—
the premises of the employer where notices Act, shall expire on December 31, 2020.
to employees are customarily posted, a no- (aa) in the case of a private entity or indi-
SEC. 5110. DEFINITIONS. vidual, employs fewer than 500 employees;
tice, to be prepared or approved by the Sec-
retary of Labor, of the requirements de- For purposes of the Act: and
scribed in this Act. (1) CHILD.—The term ‘‘child’’ means a bio- (bb) in the case of a public agency or any
(b) MODEL NOTICE.—Not later than 7 days logical, foster, or adopted child, a stepchild, other entity that is not a private entity or
after the date of enactment of this Act, the a child of a domestic partner, a legal ward, individual, employs 1 or more employees;
Secretary of Labor shall make publicly or a child of a person standing in loco (II) includes—
available a model of a notice that meets the parentis under 18 years of age. (aa) includes any person acting directly or
requirements of subsection (a). (2) CORONAVIRUS.—The term ‘‘coronavirus’’ indirectly in the interest of an employer in
has the meaning given the term in section relation to an employee (within the meaning
SEC. 5104. PROHIBITED ACTS.
506 of the Coronavirus Preparedness and Re- of such phrase in section 3(d) of the Fair
It shall be unlawful for any employer to sponse Supplemental Appropriations Act, Labor Standards Act of 1938 (29 U.S.C. 203(d));
discharge, discipline, or in any other manner 2020. and
discriminate against any employee who— (3) DOMESTIC PARTNER.— (bb) any successor in interest of an em-
(1) takes leave in accordance with this Act; (A) IN GENERAL.—The term ‘‘domestic part- ployer;
and ner’’, with respect to an individual, means (III) includes any ‘‘public agency’’, as de-
(2) has filed any complaint or instituted or another individual with whom the individual fined in section 3(x) of the Fair Labor Stand-
caused to be instituted any proceeding under is in a committed relationship. ards Act of 1938 (29 U.S.C. 203(x)); and
or related to this Act (including a proceeding (B) COMMITTED RELATIONSHIP DEFINED.— (IV) includes the Government Account-
that seeks enforcement of this Act), or has The term ‘‘committed relationship’’ means a ability Office and the Library of Congress.
testified or is about to testify in any such relationship between 2 individuals, each at (ii) PUBLIC AGENCY.—For purposes of clause
proceeding. least 18 years of age, in which each indi- (i)(IV), a public agency shall be considered to
SEC. 5105. ENFORCEMENT. vidual is the other individual’s sole domestic be a person engaged in commerce or in an in-
(a) UNPAID SICK LEAVE.—An employer who partner and both individuals share responsi- dustry or activity affecting commerce.
violates section 2 shall— bility for a significant measure of each oth- (iii) DEFINITIONS.—For purposes of this sub-
(1) be considered to have failed to pay min- er’s common welfare. The term includes any paragraph:
imum wages in violation of section 6 of the such relationship between 2 individuals that (I) COMMERCE.—The terms ‘‘commerce’’
Fair Labor Standards Act of 1938 (29 U.S.C. is granted legal recognition by a State or po- and ‘‘industry or activity affecting com-
206); and litical subdivision of a State as a marriage merce’’ means any activity, business, or in-
(2) be subject to the penalties described in or analogous relationship, including a civil dustry in commerce or in which a labor dis-
sections 16 and 17 of such Act (29 U.S.C. 216; union or domestic partnership. pute would hinder or obstruct commerce or
217) with respect to such violation. (4) EMPLOYEE.—The terms ‘‘employee’’ the free flow of commerce, and include
(b) UNLAWFUL TERMINATION.—An employer means an individual who is— ‘‘commerce’’ and any ‘‘industry affecting
who willfully violates section 4 shall— (A)(i) an employee, as defined in section commerce’’, as defined in paragraphs (1) and
(1) be considered to be in violation of sec- 3(e) of the Fair Labor Standards Act of 1938 (3) of section 501 of the Labor Management
tion 15(a)(3) of the Fair Labor Standards Act (29 U.S.C. 203(e)), who is not covered under Relations Act of 1947 (29 U.S.C. 142 (1) and
of 1938 (29 U.S.C. 215(a)(3)); and subparagraph (E) or (F), including such an (3)).
(2) be subject to the penalties described in employee of the Library of Congress, except (II) EMPLOYEE.—The term ‘‘employee’’ has
sections 16 and 17 of such Act (29 U.S.C. 216; that a reference in such section to an em- the same meaning given such term in section
217) with respect to such violation. ployer shall be considered to be a reference 3(e) of the Fair Labor Standards Act of 1938
SEC. 5106.EMPLOYMENT UNDER MULTI-EM- to an employer described in clauses (i)(I) and (29 U.S.C. 203(e)).
PLOYER BARGAINING AGREEMENTS. (ii) of paragraph (5)(A); or (III) PERSON.—The term ‘‘person’’ has the
(a) EMPLOYERS.—An employer signatory to (ii) an employee of the Government Ac- same meaning given such term in section
a multiemployer collective bargaining agree- countability Office; 3(a) of the Fair Labor Standards Act of 1938
ment may, consistent with its bargaining ob- (B) a State employee described in section (29 U.S.C. 203(a)).
ligations and its collective bargaining agree- 304(a) of the Government Employee Rights (6) FAMILY MEMBER.—The term ‘‘family
ment, fulfill its obligations under this Act by Act of 1991 (42 U.S.C. 2000e–16c(a)); member’’, with respect to an employee,
making contributions to a multiemployer (C) a covered employee, as defined in sec- means any of the following:
fund, plan, or program based on the hours of tion 101 of the Congressional Accountability (A) A parent of the employee.
paid sick time each of its employees is enti- Act of 1995 (2 U.S.C. 1301), other than an ap- (B) A spouse of the employee.
tled to under this Act while working under plicant for employment; (C) A child of the employee.
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the multiemployer collective bargaining (D) a covered employee, as defined in sec- (D) An individual who is a pregnant
agreement, provided that the fund, plan, or tion 411(c) of title 3, United States Code; woman, senior citizen, individual with a dis-
program enables employees to secure pay (E) a Federal officer or employee covered ability, or has access or functional needs and
from such fund, plan, or program based on under subchapter V of chapter 63 of title 5, who is—
hours they have worked under the multiem- United States Code; or (i) a sibling of the employee;
ployer collective bargaining agreement and (F) any other individual occupying a posi- (ii) a next of kin of the employee or a per-
for the uses specified under section 2(a). tion in the civil service (as that term is de- son for whom the employee is next of kin; or
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H1682 CONGRESSIONAL RECORD — HOUSE March 13, 2020
(iii) a grandparent or grandchild of the em- (D) A parent of a domestic partner of the (A) by striking ‘‘and’’ before ‘‘(CC)’’; and
ployee. employee. (B) by inserting before the period at the
(7) FLSA TERMS.—The terms ‘‘employ’’ and (E) A legal guardian or other person who end the following: ‘‘, and (DD) with respect
‘‘State’’ have the meanings given such terms stood in loco parentis to an employee when to a specified COVID–19 testing-related serv-
in section 3 of the Fair Labor Standards Act the employee was a child. ice described in paragraph (1) of subsection
of 1938 (29 U.S.C. 203). (11) PUBLIC HEALTH EMERGENCY.—The term (cc) for which payment may be made under a
(8) FMLA TERMS.—The terms ‘‘health care ‘‘public health emergency’’ means an emer- specified outpatient payment provision de-
provider’’ and ‘‘next of kin’’ have the mean- gency with respect to coronavirus declared scribed in paragraph (2) of such subsection,
ings given such terms in section 101 of the by a Federal, State, or local authority. the amounts paid shall be 100 percent of the
Family and Medical Leave Act of 1993 (29 (12) SPOUSE.—The term ‘‘spouse’’ has the payment amount otherwise recognized under
U.S.C. 2611). meaning given such term in section 101 of such respective specified outpatient payment
(9) PAID SICK TIME.— the Family and Medical Leave Act of 1993 (29 provision for such service,’’;
(A) IN GENERAL.—The term ‘‘paid sick U.S.C. 2611), except that such term also in- (2) in subsection (b), in the first sentence—
time’’ means an increment of compensated cludes a ‘‘domestic partner’’. (A) by striking ‘‘and’’ before ‘‘(10)’’; and
leave that— (B) by inserting before the period at the
DIVISION F—HEALTH PROVISIONS
(i) is provided by an employer for use dur- end the following: ‘‘, and (11) such deductible
SEC. 6001. COVERAGE OF TESTING FOR COVID–19. shall not apply with respect to any specified
ing an absence from employment for a rea-
son described in any paragraph of section (a) IN GENERAL.—A group health plan and a COVID–19 testing-related service described
2(a); and health insurance issuer offering group or in- in paragraph (1) of subsection (cc) for which
(ii) is calculated based on the employee’s dividual health insurance coverage (includ- payment may be made under a specified out-
required compensation under subparagraph ing a grandfathered health plan (as defined patient payment provision described in para-
(B) and the number of hours the employee in section 1251(e) of the Patient Protection graph (2) of such subsection’’; and
would otherwise be normally scheduled to and Affordable Care Act)) shall provide cov- (3) by adding at the end the following new
work (or the number of hours calculated erage, and shall not impose any cost sharing subsection:
under subparagraph (C)). (including deductibles, copayments, and co- ‘‘(cc) SPECIFIED COVID–19 TESTING-RE-
(B) REQUIRED COMPENSATION.— insurance) requirements or prior authoriza- LATED SERVICES.—For purposes of subsection
(i) IN GENERAL.—The employee’s required tion or other medical management require- (a)(1)(DD):
compensation under this subparagraph (B) ments, for the following items and services ‘‘(1) DESCRIPTION.—
shall be not less than the greater of the fol- furnished during any portion of the emer- ‘‘(A) IN GENERAL.—A specified COVID–19
lowing: gency period defined in paragraph (1)(B) of testing-related service described in this
(I) The employee’s regular rate of pay (as section 1135(g) of the Social Security Act (42 paragraph is a medical visit that—
determined under section 7(e) of the Fair U.S.C. 1320b–5(g)) beginning on or after the ‘‘(i) is in any of the categories of HCPCS
Labor Standards Act of 1938 (29 U.S.C. 207(e)). date of the enactment of this Act: evaluation and management service codes
(II) The minimum wage rate in effect (1) In vitro diagnostic products (as defined described in subparagraph (B);
under section 6(a)(1) of the Fair Labor Stand- in section 809.3(a) of title 21, Code of Federal ‘‘(ii) is furnished during any portion of the
ards Act of 1938 (29 U.S.C. 206(a)(1)). Regulations) for the detection of SARS–CoV– emergency period (as defined in section
(III) The minimum wage rate in effect for 2 or the diagnosis of the virus that causes 1135(g)(1)(B)) (beginning on or after the date
such employee in the applicable State or lo- COVID–19 that are approved, cleared, or au- of enactment of this subsection);
cality, whichever is greater, in which the thorized under section 510(k), 513, 515 or 564 ‘‘(iii) results in an order for or administra-
employee is employed. of the Federal Food, Drug, and Cosmetic Act, tion of a clinical diagnostic laboratory test
(ii) SPECIAL RULE FOR CARE OF FAMILY MEM- and the administration of such in vitro diag- described in section 1852(a)(1)(B)(iv)(IV); and
BERS.—With respect to any paid sick time nostic products. ‘‘(iv) relates to the furnishing or adminis-
provided for any use described in paragraph (2) Items and services furnished to an indi- tration of such test or to the evaluation of
(a)(4) or (a)(5), the employee’s required com- vidual during health care provider office vis- such individual for purposes of determining
pensation under this subparagraph (B) shall its, urgent care center visits, and emergency the need of such individual for such test.
be two-thirds of the amount described in room visits that result in an order for or ad- ‘‘(B) CATEGORIES OF HCPCS CODES.—For pur-
clause (B)(i). ministration of an in vitro diagnostic prod- poses of subparagraph (A), the categories of
(C) VARYING SCHEDULE HOURS CALCULA- uct described in paragraph (1), but only to HCPCS evaluation and management services
TION.—In the case of a part-time employee the extent such items and services relate to codes are the following:
the furnishing or administration of such ‘‘(i) Office and other outpatient services.
described in section 2(b)(2)(B) whose schedule
‘‘(ii) Hospital observation services.
varies from week to week to such an extent product or to the evaluation of such indi-
‘‘(iii) Emergency department services.
that an employer is unable to determine vidual for purposes of determining the need ‘‘(iv) Nursing facility services.
with certainty the number of hours the em- of such individual for such product. ‘‘(v) Domiciliary, rest home, or custodial
ployee would have worked if such employee (b) ENFORCEMENT.—The provisions of sub- care services.
had not taken paid sick time under section section (a) shall be applied by the Secretary ‘‘(vi) Home services.
2(a), the employer shall use the following in of Health and Human Services, Secretary of ‘‘(2) SPECIFIED OUTPATIENT PAYMENT PROVI-
place of such number: Labor, and Secretary of the Treasury to SION.—A specified outpatient payment provi-
(i) Subject to clause (ii), a number equal to group health plans and health insurance sion described in this paragraph is any of the
the average number of hours that the em- issuers offering group or individual health following:
ployee was scheduled per day over the 6- insurance coverage as if included in the pro- ‘‘(A) The hospital outpatient prospective
month period ending on the date on which visions of part A of title XXVII of the Public payment system under subsection (t).
the employee takes the paid sick time, in- Health Service Act, part 7 of the Employee ‘‘(B) The physician fee schedule under sec-
cluding hours for which the employee took Retirement Income Security Act of 1974, and tion 1848.
leave of any type. subchapter B of chapter 100 of the Internal ‘‘(C) The prospective payment system de-
(ii) If the employee did not work over such Revenue Code of 1986, as applicable. veloped under section 1834(o).
period, the reasonable expectation of the em- (c) IMPLEMENTATION.—The Secretary of ‘‘(D) Section 1834(g), with respect to an
ployee at the time of hiring of the average Health and Human Services, Secretary of outpatient critical access hospital service.
number of hours per day that the employee Labor, and Secretary of the Treasury may ‘‘(E) The payment basis determined in reg-
would normally be scheduled to work. implement the provisions of this section ulations pursuant to section 1833(a)(3) for
(D) GUIDELINES.—Not later than 15 days through sub-regulatory guidance, program rural health clinic services.’’.
after the date of the enactment of this Act, instruction or otherwise. (b) CLAIMS MODIFIER.—The Secretary of
the Secretary of Labor shall issue guidelines (d) TERMS.—The terms ‘‘group health Health and Human Services shall provide for
to assist employers in calculating the plan’’; ‘‘health insurance issuer’’; ‘‘group an appropriate modifier (or other identifier)
amount of paid sick time under subpara- health insurance coverage’’, and ‘‘individual to include on claims to identify, for purposes
graph (A). health insurance coverage’’ have the mean- of subparagraph (DD) of section 1833(a)(1), as
(E) REASONABLE NOTICE.—After the first ings given such terms in section 2791 of the added by subsection (a), specified COVID–19
workday (or portion thereof) an employee re- Public Health Service Act (42 U.S.C. 300gg– testing-related services described in para-
ceives paid sick time under this Act, an em- 91), section 733 of the Employee Retirement graph (1) of section 1833(cc) of the Social Se-
ployer may require the employee to follow Income Security Act of 1974 (29 U.S.C. 1191b), curity Act, as added by subsection (a), for
reasonable notice procedures in order to con- and section 9832 of the Internal Revenue which payment may be made under a speci-
tinue receiving such paid sick time. Code of 1986, as applicable. fied outpatient payment provision described
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(10) PARENT.—The term ‘‘parent’’, with re- SEC. 6002. WAIVING COST SHARING UNDER THE in paragraph (2) of such subsection.
spect to an employee, means any of the fol- MEDICARE PROGRAM FOR CERTAIN (c) IMPLEMENTATION.—Notwithstanding
lowing: VISITS RELATING TO TESTING FOR any other provision of law, the Secretary of
(A) A biological, foster, or adoptive parent COVID–19. Health and Human Services may implement
of the employee. (a) IN GENERAL.—Section 1833 of the Social the provisions of, including amendments
(B) A stepparent of the employee. Security Act (42 U.S.C. 1395l) is amended— made by, this section through program in-
(C) A parent-in-law of the employee. (1) in subsection (a)(1)— struction or otherwise.
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1683
SECTION 6003. COVERAGE OF TESTING FOR period described in such section beginning on (D) FEDERAL MEDICAL ASSISTANCE PERCENT-
COVID–19 AT NO COST SHARING or after the date of the enactment of this AGE.—Section 1905(b) of the Social Security
UNDER THE MEDICARE ADVANTAGE Act (42 U.S.C. 1396d(b)) is amended by adding
subparagraph (and the administration of
PROGRAM.
such product), or at the end the following new sentence: ‘‘Not-
(a) IN GENERAL.—Section 1852(a)(1)(B) of ‘‘(G) COVID–19 testing-related services for withstanding the first sentence of this sub-
the Social Security Act (42 U.S.C. 1395w– which payment may be made under the State section, the Federal medical assistance per-
22(a)(1)(B)) is amended— plan; and’’. centage shall be 100 per centum with respect
(1) in clause (iv)— (B) APPLICATION TO ALTERNATIVE COST to(and, notwithstanding any other provision
(A) by redesignating subclause (IV) as sub- SHARING.—Section 1916A(b)(3)(B) of the So- of this title, available for) medical assist-
clause (VI); and cial Security Act (42 U.S.C. 1396o–1(b)(3)(B)) ance provided to uninsured individuals (as
(B) by inserting after subclause (III) the is amended by adding at the end the fol- defined in section 1902(ss)) who are eligible
following new subclauses: lowing new clause: for such assistance only on the basis of sec-
‘‘(IV) Clinical diagnostic laboratory test ‘‘(xi) Any in vitro diagnostic product de- tion 1902(a)(10)(A)(ii)(XXIII) and with respect
administered during any portion of the emer- scribed in section 1905(a)(3)(B) that is admin- to expenditures described in section
gency period defined in paragraph (1)(B) of istered during any portion of the emergency 1903(a)(7) that a State demonstrates to the
section 1135(g) beginning on or after the date period described in such section beginning on satisfaction of the Secretary are attributable
of the enactment of the Families First or after the date of the enactment of this to administrative costs related to providing
Coronavirus Response Act for the detection clause (and the administration of such prod- for such medical assistance to such individ-
of SARS–CoV–2 or the diagnosis of the virus uct) and any visit described in section uals under the State plan.’’.
that causes COVID–19 and the administra- 1916(a)(2)(G) that is furnished during any (b) CHIP.—
tion of such test. such portion.’’. (1) IN GENERAL.—Section 2103(c) of the So-
‘‘(V) Specified COVID–19 testing-related (C) CLARIFICATION.—The amendments made cial Security Act (42 U.S.C. 1397cc(c)) is
services (as described in section 1833(cc)(1)) this paragraph shall apply with respect to a amended by adding at the end the following
for which payment would be payable under a State plan of a territory in the same manner paragraph:
specified outpatient payment provision de- as a State plan of one of the 50 States. ‘‘(9) CERTAIN IN VITRO DIAGNOSTIC PRODUCTS
scribed in section 1833(cc)(2).’’; (3) STATE OPTION TO PROVIDE COVERAGE FOR FOR COVID–19 TESTING.—The child health as-
(2) in clause (v), by inserting ‘‘, other than UNINSURED INDIVIDUALS.— sistance provided to a targeted low-income
subclauses (IV) and (V) of such clause,’’ after (A) IN GENERAL.—Section 1902(a)(10) of the child shall include coverage of any in vitro
‘‘clause (iv)’’; and Social Security Act (42 U.S.C. 1396a(a)(10)) is diagnostic product described in section
(3) by adding at the end the following new amended— 1905(a)(3)(B) that is administered during any
clause: (i) in subparagraph (A)(ii)— portion of the emergency period described in
‘‘(vi) PROHIBITION OF APPLICATION OF CER- (I) in subclause (XXI), by striking ‘‘or’’ at such section beginning on or after the date
TAIN REQUIREMENTS FOR COVID–19 TESTING.— the end; of the enactment of this subparagraph (and
In the case of a product or service described (II) in subclause (XXII), by adding ‘‘or’’ at the administration of such product).’’.
in subclause (IV) or (V), respectively, of the end; and (2) COVERAGE FOR TARGETED LOW-INCOME
clause (iv) that is administered or furnished (III) by adding at the end the following new PREGNANT WOMEN.—Section 2112(b)(4) of the
during any portion of the emergency period subclause: Social Security Act (42 U.S.C. 1397ll(b)(4)) is
described in such subclause beginning on or ‘‘(XXIII) during any portion of the emer- amended by inserting ‘‘under section 2103(c)’’
after the date of the enactment of this gency period defined in paragraph (1)(B) of after ‘‘same requirements’’.
clause, an MA plan may not impose any section 1135(g) beginning on or after the date (3) PROHIBITION OF COST SHARING.—Section
prior authorization or other utilization man- of the enactment of this subclause, who are 2103(e)(2) of the Social Security Act (42
agement requirements with respect to the uninsured individuals (as defined in sub- U.S.C. 1397cc(e)(2)) is amended—
section (ss));’’; and (A) in the paragraph header, by inserting
coverage of such a product or service under
(ii) in the matter following subparagraph ‘‘, COVID–19 TESTING,’’ before ‘‘OR PREGNANCY-
such plan.’’.
(G)— RELATED ASSISTANCE’’; and
(b) IMPLEMENTATION.—Notwithstanding (B) by striking ‘‘category of services de-
(I) by striking ‘‘and (XVII)’’ and inserting
any other provision of law, the Secretary of scribed in subsection (c)(1)(D) or’’ and insert-
‘‘, (XVII)’’; and
Health and Human Services may implement (II) by inserting after ‘‘instead of through ing ‘‘categories of services described in sub-
the amendments made by this section by subclause (VIII)’’ the following: ‘‘, and section (c)(1)(D), in vitro diagnostic products
program instruction or otherwise. (XVIII) the medical assistance made avail- described in subsection (c)(9) (and adminis-
SECTION 6004. COVERAGE AT NO COST SHARING able to an uninsured individual (as defined in tration of such products), visits described in
OF COVID–19 TESTING UNDER MED- section 1916(a)(2)(G), or’’.
subsection (ss)) who is eligible for medical
ICAID AND CHIP.
assistance only because of subparagraph SEC. 6005. TREATMENT OF PERSONAL RES-
(a) MEDICAID.— (A)(ii)(XXIII) shall be limited to medical as- PIRATORY PROTECTIVE DEVICES AS
(1) IN GENERAL.—Section 1905(a)(3) of the sistance for any in vitro diagnostic product COVERED COUNTER-MEASURES.
Social Security Act (42 U.S.C. 1396d(a)(3)) is described in section 1905(a)(3)(B) that is ad- Section 319F–3(i)(1) of the Public Health
amended— ministered during any portion of the emer- Service Act (42 U.S.C. 247d–6d(i)(1)) is amend-
(A) by striking ‘‘other laboratory’’ and in- gency period described in such section begin- ed—
serting ‘‘(A) other laboratory’’; ning on or after the date of the enactment of (1) in subparagraph (B), by striking ‘‘or’’ at
(B) by inserting ‘‘and’’ after the semicolon; this subclause (and the administration of the end; and
and (2) in subparagraph (C), by striking the pe-
such product) and any visit described in sec-
(C) by adding at the end the following new riod at the end and inserting ‘‘; or’’; and
tion 1916(a)(2)(G) that is furnished during (3) by adding at the end the following new
subparagraph:
any such portion’’. subparagraph:
‘‘(B) in vitro diagnostic products (as de- (B) RECEIPT AND INITIAL PROCESSING OF AP-
fined in section 809.3(a) of title 21, Code of ‘‘(D) a personal respiratory protective de-
PLICATIONS AT CERTAIN LOCATIONS.—Section
Federal Regulations) administered during vice that is—
1902(a)(55) of the Social Security Act (42 ‘‘(i) approved by the National Institute for
any portion of the emergency period defined U.S.C. 1396a(a)(55)) is amended, in the matter
in paragraph (1)(B) of section 1135(g) begin- Occupational Safety and Health under part
preceding subparagraph (A), by striking ‘‘or 84 of title 42, Code of Federal Regulations (or
ning on or after the date of the enactment of (a)(10)(A)(ii)(IX)’’ and inserting
this subparagraph for the detection of successor regulations);
‘‘(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XXIII)’’. ‘‘(ii) subject to the emergency use author-
SARS–CoV–2 or the diagnosis of the virus (C) UNINSURED INDIVIDUAL DEFINED.— ization issued by the Secretary on March 2,
that causes COVID–19 that are approved, Section 1902 of the Social Security Act (42 2020, or subsequent emergency use authoriza-
cleared, or authorized under section 510(k), U.S.C. 1396a) is amended by adding at the end tions, pursuant to section 564 of the Federal
513, 515 or 564 of the Federal Food, Drug, and the following new subsection: Food, Drug, and Cosmetic Act (authorizing
Cosmetic Act, and the administration of ‘‘(ss) UNINSURED INDIVIDUAL DEFINED.—For emergency use of personal respiratory pro-
such in vitro diagnostic products;’’. purposes of this section, the term ‘uninsured tective devices during the COVID–19 out-
(2) NO COST SHARING.— individual’ means, notwithstanding any break); and
(A) IN GENERAL.—Subsections (a)(2) and other provision of this title, any individual ‘‘(iii) used during the period beginning on
(b)(2) of section 1916 of the Social Security who is— January 27, 2020, and ending on October 1,
Act (42 U.S.C. 1396o) are each amended— ‘‘(1) not described in subsection 2024, in response to the public health emer-
(i) in subparagraph (D), by striking ‘‘or’’ at (a)(10)(A)(i); and gency declared on January 31, 2020, pursuant
the end; ‘‘(2) not enrolled in a Federal health care to section 319 as a result of confirmed cases
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(ii) in subparagraph (E), by striking ‘‘; program (as defined in section 1128B(f)), a of 2019 Novel Coronavirus (2019–nCoV).’’.
and’’ and inserting a comma; and group health plan, group or individual health SEC. 6006.APPLICATION WITH RESPECT TO
(iii) by adding at the end the following new insurance coverage offered by a health insur- TRICARE, COVERAGE FOR VET-
subparagraphs: ance issuer (as such terms are defined in sec- ERANS, AND COVERAGE FOR FED-
‘‘(F) any in vitro diagnostic product de- tion 2791 of the Public Health Service Act), ERAL CIVILIANS.
scribed in section 1905(a)(3)(B) that is admin- or a health plan offered under chapter 89 of (a) TRICARE.—The Secretary of Defense
istered during any portion of the emergency title 5, United States Code.’’. may not require any copayment or other
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H1684 CONGRESSIONAL RECORD — HOUSE March 13, 2020
cost sharing under chapter 55 of title 10, percentage for such State, with respect to a (ii) in clause (ii), by striking ‘‘for each of
United States Code, for in vitro diagnostic quarter, if— fiscal years 2020 through 2021, $84,000,000.’’
products described in paragraph (1) of section (1) eligibility standards, methodologies, or and inserting ‘‘for fiscal year 2020, $86,325,000;
6001(a) (or the administration of such prod- procedures under the State plan of such and’’; and
ucts) or visits described in paragraph (2) of State under title XIX of the Social Security (iii) by adding at the end the following new
such section furnished during any portion of Act (42 U.S.C. 1396 et seq.) (including any clause:
the emergency period defined in paragraph waiver under such title or section 1115 of ‘‘(iii) for fiscal year 2021, $85,550,000.’’; and
(1)(B) of section 1135(g) of the Social Secu- such Act (42 U.S.C. 1315)) are more restric- (2) in paragraph (6)(A)—
rity Act (42 U.S.C. 1320b–5(g)) beginning on or tive during such quarter than the eligibility (A) in clause (i), by striking ‘‘$2,623,188,000’’
after the date of the enactment of this Act. standards methodologies, or procedures, re- and inserting ‘‘$2,716,188,000’’; and
(b) VETERANS.—The Secretary of Veterans spectively, under such plan (or waiver) as in (B) in clause (ii), by striking
Affairs may not require any copayment or effect on January 1, 2020; ‘‘$2,719,072,000’’ and inserting ‘‘$2,809,063,000’’.
other cost sharing under chapter 17 of title (2) the amount of any premium imposed by SEC. 6010. CLARIFICATION RELATING TO SECRE-
38, United States Code, for in vitro diag- the State pursuant to section 1916 or 1916A of TARIAL AUTHORITY REGARDING
nostic products described in paragraph (1) of such Act (42 U.S.C. 1396o, 1396o–1) during MEDICARE TELEHEALTH SERVICES
section 6001(a) (or the administration of such such quarter, with respect to an individual FURNISHED DURING COVID–19
products) or visits described in paragraph (2) enrolled under such plan (or waiver), exceeds EMERGENCY PERIOD.
of such section furnished during any portion the amount of such premium as of January 1, Paragraph (3)(A) of section 1135(g) of the
of the emergency period defined in paragraph 2020; Social Security Act (42 U.S.C. 1320b–5(g)) is
(1)(B) of section 1135(g) of the Social Secu- (3) the State terminates or denies the en- amended to read as follows:
rity Act (42 U.S.C. 1320b–5(g)) beginning on or rollment of any individual under such plan ‘‘(A) furnished to such individual, during
after the date of the enactment of this Act. (or waiver) during such quarter for a reason the 3-year period ending on the date such
(c) FEDERAL CIVILIANS.—No copayment or other than a failure to satisfy financial, cat- telehealth service was furnished, an item or
other cost sharing may be required for any egorical, and State residency requirements service that would be considered covered
individual occupying a position in the civil (as applicable) under such plan (or waiver); under title XVIII if furnished to an indi-
service (as that term is defined in section (4) the State does not provide coverage vidual entitled to benefits or enrolled under
2101(1) of title 5, United States Code) enrolled under such plan (or waiver), without the im- such title; or’’.
in a health benefits plan, including any plan position of cost sharing, during such quarter DIVISION G—TAX CREDITS FOR PAID SICK
under chapter 89 of title 5, United States for any testing services and treatments for AND PAID FAMILY AND MEDICAL LEAVE
Code, or for any other individual currently COVID–19, including vaccines, specialized SEC. 7001. PAYROLL CREDIT FOR REQUIRED PAID
enrolled in any plan under chapter 89 of title equipment, and therapies; or SICK LEAVE.
5 for in vitro diagnostic products described (5) the State conducts during such quarter (a) IN GENERAL.—In the case of an em-
in paragraph (1) of section 6001(a) (or the ad- periodic income checks, including automated ployer, there shall be allowed as a credit
ministration of such products) or visits de- income checks, or eligibility redetermina- against the tax imposed by section 3111(a) of
scribed in paragraph (2) of such section fur- tions under such plan (or waiver) at a rate the Internal Revenue Code of 1986 for each
nished during any portion of the emergency more frequent than once every 12 months. calendar quarter an amount equal to 100 per-
period defined in paragraph (1)(B) of section (c) REQUIREMENT FOR CERTAIN STATES.—
cent of the qualified sick leave wages paid by
1135(g) of the Social Security Act (42 U.S.C. Section 1905(cc) of the Social Security Act
such employer with respect to such calendar
1320b–5(g)) beginning on or after the date of (42 U.S.C. 1396d(cc)) is amended by striking
quarter.
the enactment of this Act. ‘‘American Recovery and Reinvestment Act
(b) LIMITATIONS AND REFUNDABILITY.—
SEC. 6007. COVERAGE OF TESTING FOR COVID–19 of 2009.’’ and inserting ‘‘and section 6008 of
AT NO COST SHARING FOR INDIANS
(1) WAGES TAKEN INTO ACCOUNT.—The
the Families First Coronavirus Response
RECEIVING PURCHASED/REFERRED amount of qualified sick leave wages taken
Act, except that in applying such treatments
CARE. into account under subsection (a) with re-
to the increases in the Federal medical as-
The Secretary of Health and Human Serv- spect to any individual shall not exceed $200
sistance percentage under section 6008 of the
ices shall cover, without the imposition of ($511 in the case of any day any portion of
Families First Coronavirus Response Act,
any cost sharing requirements, the cost of which is paid sick time described in para-
the reference to ‘December 31, 2009’ shall be
providing any COVID–19 related items and graph (1), (2), or (3) of section 5102(a) of the
deemed to be a reference to ‘March 11,
services as described in paragraph (1) of sec- Emergency Paid Sick Leave Act) for any day
2020’.’’.
tion 6001(a) (or the administration of such (or portion thereof) for which the individual
SEC. 6009. INCREASE IN MEDICAID ALLOTMENTS
products) or visits described in paragraph (2) is paid qualified sick leave wages.
FOR TERRITORIES.
of such section furnished during any portion (2) OVERALL LIMITATION ON NUMBER OF DAYS
Section 1108(g) of the Social Security Act TAKEN INTO ACCOUNT.—The aggregate number
of the emergency period defined in paragraph (42 U.S.C. 1308(g)) is amended—
(1)(B) of section 1135(g) of the Social Secu- of days taken into account under paragraph
(1) in paragraph (2)—
rity Act (42 U.S.C. 320b–5(g)) beginning on or (1) for any calendar quarter shall not exceed
(A) in subparagraph (B)—
after the date of the enactment of this Act the excess (if any) of—
(i) in clause (i), by striking ‘‘and’’ at the
to Indians (as defined in section 4 of the In- (A) 10, over
end;
dian Health Care Improvement Act (25 U.S.C. (ii) in clause (ii), by striking ‘‘for each of (B) the aggregate number of days so taken
1603)) receiving health services through the fiscal years 2020 through 2021, $126,000,000;’’ into account for all preceding calendar quar-
Indian Health Service, including through an and inserting ‘‘for fiscal year 2020, ters.
Urban Indian Organization, regardless of $128,712,500; and’’; and (3) CREDIT LIMITED TO CERTAIN EMPLOYMENT
whether such items or services have been au- TAXES.—The credit allowed by subsection (a)
(iii) by adding at the end the following new
thorized under the purchased/referred care clause: with respect to any calendar quarter shall
system funded by the Indian Health Service ‘‘(iii) for fiscal year 2021, $127,937,500;’’; not exceed the tax imposed by section 3111(a)
or is covered as a health service of the Indian (B) in subparagraph (C)— of such Code for such calendar quarter (re-
Health Service. (i) in clause (i), by striking ‘‘and’’ at the duced by any credits allowed under sub-
SEC. 6008. TEMPORARY INCREASE OF MEDICAID end; sections (e) and (f) of section 3111 of such
FMAP. (ii) in clause (ii), by striking ‘‘for each of Code for such quarter) on the wages paid
(a) IN GENERAL.—Subject to subsection (b), fiscal years 2020 through 2021, $127,000,000;’’ with respect to the employment of all em-
for each calendar quarter occurring during and inserting ‘‘for fiscal year 2020, ployees of the employer.
the period beginning on the first day of the $130,875,000; and’’; and (4) REFUNDABILITY OF EXCESS CREDIT.—
emergency period defined in paragraph (1)(B) (iii) by adding at the end the following new (A) IN GENERAL.—If the amount of the cred-
of section 1135(g) of the Social Security Act clause: it under subsection (a) exceeds the limita-
(42 U.S.C. 1320b–5(g)) and ending on the last ‘‘(iii) for fiscal year 2021, $129,712,500;’’; tion of paragraph (3) for any calendar quar-
day of the calendar quarter in which the last (C) in subparagraph (D)— ter, such excess shall be treated as an over-
day of such emergency period occurs, the (i) in clause (i), by striking ‘‘and’’ at the payment that shall be refunded under sec-
Federal medical assistance percentage deter- end; tions 6402(a) and 6413(b) of such Code.
mined for each State, including the District (ii) in clause (ii), by striking ‘‘for each of (B) TREATMENT OF PAYMENTS.—For pur-
of Columbia, American Samoa, Guam, the fiscal years 2020 through 2021, $60,000,000; poses of section 1324 of title 31, United States
Commonwealth of the Northern Mariana Is- and’’ and inserting ‘‘for fiscal year 2020, Code, any amounts due to an employer under
lands, Puerto Rico, and the United States $63,100,000; and’’; and this paragraph shall be treated in the same
dlhill on DSKBBY8HB2PROD with HOUSE
Virgin Islands, under section 1905(b) of (iii) by adding at the end the following new manner as a refund due from a credit provi-
theSocial Security Act (42 U.S.C. 1396d(b)) clause: sion referred to in subsection (b)(2) of such
shall be increased by 6.2 percentage points. ‘‘(iii) for fiscal year 2021, $62,325,000; and’’; section.
(b) REQUIREMENT FOR ALL STATES.—A and (c) QUALIFIED SICK LEAVE WAGES.—For
State described in subsection (a) may not re- (D) in subparagraph (E)— purposes of this section, the term ‘‘qualified
ceive the increase described in such sub- (i) in clause (i), by striking ‘‘and’’ at the sick leave wages’’ means wages (as defined in
section in the Federal medical assistance end; section 3121(a) of the Internal Revenue Code
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1685
of 1986) paid by an employer which are re- fied sick leave equivalent amount with re- date selected by the Secretary of the Treas-
quired to be paid by reason of the Emergency spect to the individual. ury (or the Secretary’s delegate) which is
Paid Sick Leave Act. (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— during the 15-day period beginning on the
(d) SPECIAL RULES.— For purposes of this section, the term ‘‘eligi- date of the enactment of this Act, and end-
(1) DENIAL OF DOUBLE BENEFIT.—For pur- ble self-employed individual’’ means an indi- ing on December 31, 2020, may be taken into
poses of chapter 1 of such Code, the gross in- vidual who— account under subsection (c)(1)(A).
come of the employer, for the taxable year (1) regularly carries on a trade or business (f) APPLICATION OF CREDIT IN CERTAIN POS-
which includes the last day of any calendar within the meaning of section 1402 of such SESSIONS.—
quarter with respect to which a credit is al- Code, and (1) PAYMENTS TO POSSESSIONS WITH MIRROR
lowed under this section, shall be increased (2) would be entitled to receive paid leave CODE TAX SYSTEMS.—The Secretary of the
by the amount of such credit. No credit shall during the taxable year pursuant to the Treasury shall pay to each possession of the
be allowed under this section with respect to Emergency Paid Sick Leave Act if the indi- United States which has a mirror code tax
wages for which a credit is allowed under vidual were an employee of an employer system amounts equal to the loss (if any) to
section 45S of such Code. (other than himself or herself). that possession by reason of the application
(2) ELECTION NOT TO HAVE SECTION APPLY.— (c) QUALIFIED SICK LEAVE EQUIVALENT of the provisions of this section. Such
This section shall not apply with respect to AMOUNT.—For purposes of this section— amounts shall be determined by the Sec-
any employer for any calendar quarter if (1) IN GENERAL.—The term ‘‘qualified sick retary of the Treasury based on information
such employer elects (at such time and in leave equivalent amount’’ means, with re- provided by the government of the respective
such manner as the Secretary of the Treas- spect to any eligible self-employed indi- possession.
ury (or the Secretary’s delegate) may pre- vidual, an amount equal to— (2) PAYMENTS TO OTHER POSSESSIONS.—The
scribe) not to have this section apply. (A) the number of days during the taxable Secretary of the Treasury shall pay to each
(3) CERTAIN TERMS.—Any term used in this year (but not more than the applicable num- possession of the United States which does
section which is also used in chapter 21 of ber of days) that the individual is unable to not have a mirror code tax system amounts
such Code shall have the same meaning as perform services in the trade or business re- estimated by the Secretary of the Treasury
when used in such chapter. ferred to in section 1402 of such Code for a as being equal to the aggregate benefits (if
(4) STATE AND LOCAL GOVERNMENTS.—This reason with respect to which such individual any) that would have been provided to resi-
credit shall not apply to the Government of would be entitled to receive sick leave as de- dents of such possession by reason of the pro-
the United States, the government of any scribed in subsection (b), multiplied by visions of this section if a mirror code tax
State or political subdivision thereof, or any (B) the lesser of— system had been in effect in such possession.
agency or instrumentality of any of the fore- (i) $200 ($511 in the case of any day of paid The preceding sentence shall not apply un-
going. sick time described in paragraph (1), (2), or less the respective possession has a plan,
(e) REGULATIONS.—The Secretary of the (3) of section 5102(a) of the Emergency Paid which has been approved by the Secretary of
Treasury (or the Secretary’s delegate) shall Sick Leave Act), or the Treasury, under which such possession
prescribe such regulations or other guidance (ii) the average daily self-employment in- will promptly distribute such payments to
as may be necessary to carry out the pur- come of the individual for the taxable year. its residents.
poses of this section, including— (2) AVERAGE DAILY SELF-EMPLOYMENT IN- (3) MIRROR CODE TAX SYSTEM.—For pur-
(1) regulations or other guidance to pre- COME.—For purposes of this subsection, the
poses of this section, the term ‘‘mirror code
vent the avoidance of the purposes of the term ‘‘average daily self-employment in- tax system’’ means, with respect to any pos-
limitations and aggregation rules under this come’’ means an amount equal to— session of the United States, the income tax
section through the use of successor compa- (A) the net earnings from self-employment system of such possession if the income tax
nies or other means, of the individual for the taxable year, di- liability of the residents of such possession
(2) regulations or other guidance to mini- vided by under such system is determined by ref-
mize compliance and record-keeping burdens (B) 260. erence to the income tax laws of the United
under this section, (3) APPLICABLE NUMBER OF DAYS.—For pur- States as if such possession were the United
(3) regulations or other guidance providing poses of this subsection, the term ‘‘applica- States.
for waiver of penalties for failure to deposit ble number of days’’ means, with respect to (4) TREATMENT OF PAYMENTS.—For pur-
amounts in anticipation of the allowance of any taxable year, the excess (if any) of 10 poses of section 1324 of title 31, United States
the credit allowed under this section, and days over the number of days taken into ac- Code, the payments under this section shall
(4) regulations or other guidance for recap- count under paragraph (1)(A) in all preceding be treated in the same manner as a refund
turing the benefit of credits determined taxable years. due from a credit provision referred to in
under this section in cases where there is a (d) SPECIAL RULES.— subsection (b)(2) of such section.
subsequent adjustment to the credit deter- (1) CREDIT REFUNDABLE.— (g) REGULATIONS.—The Secretary of the
mined under subsection (a). (A) IN GENERAL.—The credit determined Treasury (or the Secretary’s delegate) shall
(f) APPLICATION OF SECTION.—This section under this section shall be treated as a credit prescribe such regulations or other guidance
shall apply only to wages paid with respect allowed to the taxpayer under subpart C of as may be necessary to carry out the pur-
to the period beginning on a date selected by part IV of subchapter A of chapter 1 of such poses of this section, including—
the Secretary of the Treasury (or the Sec- (1) regulations or other guidance to pre-
Code.
retary’s delegate) which is during the 15-day (B) TREATMENT OF PAYMENTS.—For pur- vent the avoidance of the purposes of this
period beginning on the date of the enact- poses of section 1324 of title 31, United States section, and
(2) regulations or other guidance to mini-
ment of this Act, and ending on December 31, Code, any refund due from the credit deter-
mize compliance and record-keeping burdens
2020. mined under this section shall be treated in
(g) TRANSFERS TO FEDERAL OLD-AGE AND under this section.
the same manner as a refund due from a
SEC. 7003. PAYROLL CREDIT FOR REQUIRED PAID
SURVIVORS INSURANCE TRUST FUND.—There credit provision referred to in subsection FAMILY LEAVE.
are hereby appropriated to the Federal Old- (b)(2) of such section. (a) IN GENERAL.—In the case of an em-
Age and Survivors Insurance Trust Fund and (2) DOCUMENTATION.—No credit shall be al- ployer, there shall be allowed as a credit
the Federal Disability Insurance Trust Fund lowed under this section unless the indi- against the tax imposed by section 3111(a) of
established under section 201 of the Social vidual maintains such documentation as the the Internal Revenue Code of 1986 for each
Security Act (42 U.S.C. 401) amounts equal to Secretary may prescribe to establish such in- calendar quarter an amount equal to 100 per-
the reduction in revenues to the Treasury by dividual as an eligible self-employed indi- cent of the qualified family leave wages paid
reason of this section (without regard to this vidual. by such employer with respect to such cal-
subsection). Amounts appropriated by the (3) DENIAL OF DOUBLE BENEFIT.—In the case
endar quarter.
preceding sentence shall be transferred from of an individual who receives wages (as de- (b) LIMITATIONS AND REFUNDABILITY.—
the general fund at such times and in such fined in section 3121(a) of the Internal Rev- (1) WAGES TAKEN INTO ACCOUNT.—The
manner as to replicate to the extent possible enue Code of 1986) paid by an employer which amount of qualified family leave wages
the transfers which would have occurred to are required to be paid by reason of the taken into account under subsection (a) with
such Trust Fund had this section not been Emergency Paid Sick Leave Act, the quali- respect to any individual shall not exceed—
enacted. fied sick leave equivalent amount otherwise (A) for any day (or portion thereof) for
SEC. 7002. CREDIT FOR SICK LEAVE FOR CER- determined under subsection (c) shall be re- which the individual is paid qualified family
TAIN SELF-EMPLOYED INDIVIDUALS. duced (but not below zero) in the same pro- leave wages, $200, and
(a) CREDIT AGAINST SELF-EMPLOYMENT portion that the number of days for which (B) in the aggregate with respect to all cal-
TAX.—In the case of an eligible self-em- such wages are received bears to the number endar quarters, $10,000.
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ployed individual, there shall be allowed as a of days described in subsection (c)(1)(A). (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT
credit against the tax imposed by subtitle A (4) CERTAIN TERMS.—Any term used in this TAXES.—The credit allowed by subsection (a)
of the Internal Revenue Code of 1986 for any section which is also used in chapter 2 of the with respect to any calendar quarter shall
taxable year an amount equal to 100 percent Internal Revenue Code of 1986 shall have the not exceed the tax imposed by section 3111(a)
(or, with respect to any use described in sec- same meaning as when used in such chapter. of such Code for such calendar quarter (re-
tion 5102(a)(4) or 5102(a)(5) of the Emergency (e) APPLICATION OF SECTION.—Only days oc- duced by any credits allowed under sub-
Paid Sick Leave Act, 67 percent) of the quali- curring during the period beginning on a sections (e) and (f) of section 3111 of such
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H1686 CONGRESSIONAL RECORD — HOUSE March 13, 2020
Code, and section 9001 of this Act, for such the general fund at such times and in such (4) CERTAIN TERMS.—Any term used in this
quarter) on the wages paid with respect to manner as to replicate to the extent possible section which is also used in chapter 2 of the
the employment of all employees of the em- the transfers which would have occurred to Internal Revenue Code of 1986 shall have the
ployer. such Trust Fund had this section not been same meaning as when used in such chapter.
(3) REFUNDABILITY OF EXCESS CREDIT.—If enacted. (5) REFERENCES TO EMERGENCY FAMILY AND
the amount of the credit under subsection (a) SEC. 7004. CREDIT FOR FAMILY LEAVE FOR CER- MEDICAL LEAVE EXPANSION ACT.—Any ref-
exceeds the limitation of paragraph (2) for TAIN SELF-EMPLOYED INDIVIDUALS. erence in this section to the Emergency
any calendar quarter, such excess shall be (a) CREDIT AGAINST SELF-EMPLOYMENT Family and Medical Leave Expansion Act
treated as an overpayment that shall be re- TAX.—In the case of an eligible self-em- shall be treated as including a reference to
funded under sections 6402(a) and 6413(b) of ployed individual, there shall be allowed as a the amendments made by such Act.
such Code. credit against the tax imposed by subtitle A (e) APPLICATION OF SECTION.—Only days oc-
(c) QUALIFIED FAMILY LEAVE WAGES.—For of the Internal Revenue Code of 1986 for any curring during the period beginning on a
purposes of this section, the term ‘‘qualified taxable year an amount equal to 100 percent date selected by the Secretary of the Treas-
family leave wages’’ means wages (as defined of the qualified family leave equivalent ury (or the Secretary’s delegate) which is
in section 3121(a) of such Code) paid by an amount with respect to the individual. during the 15-day period beginning on the
employer which are required to be paid by (b) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— date of the enactment of this Act, and end-
reason of the Emergency Family and Med- For purposes of this section, the term ‘‘eligi- ing on December 31, 2020, may be taken into
ical Leave Expansion Act (including the ble self-employed individual’’ means an indi- account under subsection (c)(1)(A).
amendments made by such Act). vidual who— (f) APPLICATION OF CREDIT IN CERTAIN POS-
(d) SPECIAL RULES.— (1) regularly carries on a trade or business SESSIONS.—
(1) DENIAL OF DOUBLE BENEFIT.—For pur- within the meaning of section 1402 of such (1) PAYMENTS TO POSSESSIONS WITH MIRROR
poses of chapter 1 of such Code, the gross in- Code, and CODE TAX SYSTEMS.—The Secretary of the
come of the employer, for the taxable year (2) would be entitled to receive paid leave Treasury shall pay to each possession of the
which includes the last day of any calendar during the taxable year pursuant to the United States which has a mirror code tax
quarter with respect to which a credit is al- Emergency Family and Medical Leave Ex- system amounts equal to the loss (if any) to
lowed under this section, shall be increased pansion Act if the individual were an em- that possession by reason of the application
by the amount of such credit. No credit shall ployee of an employer (other than himself or of the provisions of this section. Such
be allowed under this section with respect to herself). amounts shall be determined by the Sec-
wages for which a credit is allowed under (c) QUALIFIED FAMILY LEAVE EQUIVALENT retary of the Treasury based on information
section 45S of such Code. AMOUNT.—For purposes of this section— provided by the government of the respective
(2) ELECTION NOT TO HAVE SECTION APPLY.— (1) IN GENERAL.—The term ‘‘qualified fam- possession.
This section shall not apply with respect to ily leave equivalent amount’’ means, with (2) PAYMENTS TO OTHER POSSESSIONS.—The
any employer for any calendar quarter if respect to any eligible self-employed indi- Secretary of the Treasury shall pay to each
such employer elects (at such time and in vidual, an amount equal to the product of— possession of the United States which does
such manner as the Secretary of the Treas- (A) the number of days (not to exceed 50) not have a mirror code tax system amounts
ury (or the Secretary’s delegate) may pre- during the taxable year that the individual estimated by the Secretary of the Treasury
scribe) not to have this section apply. is unable to perform services in the trade or as being equal to the aggregate benefits (if
(3) CERTAIN TERMS.—Any term used in this business referred to in section 1402 of such any) that would have been provided to resi-
section which is also used in chapter 21 of Code for a reason with respect to which such dents of such possession by reason of the pro-
such Code shall have the same meaning as individual would be entitled to receive paid visions of this section if a mirror code tax
when used in such chapter. leave as described in subsection (b), multi- system had been in effect in such possession.
(4) STATE AND LOCAL GOVERNMENTS.—This plied by The preceding sentence shall not apply un-
credit shall not apply to the Government of (B) the lesser of— less the respective possession has a plan,
the United States, the government of any (i) the average daily self-employment in- which has been approved by the Secretary of
State or political subdivision thereof, or any come of the individual for the taxable year, the Treasury, under which such possession
agency or instrumentality of any of the fore- or will promptly distribute such payments to
going. (ii) $200. its residents.
(e) REGULATIONS.—The Secretary of the (2) AVERAGE DAILY SELF-EMPLOYMENT IN- (3) MIRROR CODE TAX SYSTEM.—For pur-
Treasury (or the Secretary’s delegate) shall COME.—For purposes of this subsection, the poses of this section, the term ‘‘mirror code
prescribe such regulations or other guidance term ‘‘average daily self-employment in- tax system’’ means, with respect to any pos-
as may be necessary to carry out the pur- come’’ means an amount equal to— session of the United States, the income tax
poses of this section, including— (A) the net earnings from self-employment system of such possession if the income tax
(1) regulations or other guidance to pre- income of the individual for the taxable liability of the residents of such possession
vent the avoidance of the purposes of the year, divided by under such system is determined by ref-
limitations and aggregation rules under this (B) 260. erence to the income tax laws of the United
section through the use of successor compa- (d) SPECIAL RULES.— States as if such possession were the United
nies or other means, (1) CREDIT REFUNDABLE.— States.
(2) regulations or other guidance to mini- (A) IN GENERAL.—The credit determined (4) TREATMENT OF PAYMENTS.—For pur-
mize compliance and record-keeping burdens under this section shall be treated as a credit poses of section 1324 of title 31, United States
under this section, allowed to the taxpayer under subpart C of Code, the payments under this section shall
(3) regulations or other guidance providing part IV of subchapter A of chapter 1 of such be treated in the same manner as a refund
for waiver of penalties for failure to deposit Code. due from a credit provision referred to in
amounts in anticipation of the allowance of (B) TREATMENT OF PAYMENTS.—For pur- subsection (b)(2) of such section.
the credit allowed under this section, and poses of section 1324 of title 31, United States (e) REGULATIONS.—The Secretary of the
(4) regulations or other guidance for recap- Code, any refund due from the credit deter- Treasury (or the Secretary’s delegate) shall
turing the benefit of credits determined mined under this section shall be treated in prescribe such regulations or other guidance
under this section in cases where there is a the same manner as a refund due from a as may be necessary to carry out the pur-
subsequent adjustment to the credit deter- credit provision referred to in subsection poses of this section, including—
mined under subsection (a). (b)(2) of such section. (1) regulations or other guidance to pre-
(f) APPLICATION OF SECTION.—This section (2) DOCUMENTATION.—No credit shall be al- vent the avoidance of the purposes of this
shall apply only to wages paid with respect lowed under this section unless the indi- section, and
to the period beginning on a date selected by vidual maintains such documentation as the (2) regulations or other guidance to mini-
the Secretary of the Treasury (or the Sec- Secretary may prescribe to establish such in- mize compliance and record-keeping burdens
retary’s delegate) which is during the 15-day dividual as an eligible self-employed indi- under this section.
period beginning on the date of the enact- vidual. SEC. 7005. SPECIAL RULE RELATED TO TAX ON
ment of this Act, and ending on December 31, (3) DENIAL OF DOUBLE BENEFIT.—In the case EMPLOYERS.
2020. of an individual who receives wages (as de- (a) IN GENERAL.—Any wages required to be
(g) TRANSFERS TO FEDERAL OLD-AGE AND fined in section 3121(a) of the Internal Rev- paid by reason of the Emergency Paid Sick
SURVIVORS INSURANCE TRUST FUND.—There enue Code of 1986) paid by an employer which Leave Act and the Emergency Family and
are hereby appropriated to the Federal Old- are required to be paid by reason of the Medical Leave Expansion Act shall not be
Age and Survivors Insurance Trust Fund and Emergency Family and Medical Leave Ex- considered wages for purposes of section
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the Federal Disability Insurance Trust Fund pansion Act, the qualified family leave 3111(a) of the Internal Revenue Code of 1986.
established under section 201 of the Social equivalent amount otherwise determined (b) TRANSFERS TO FEDERAL OLD-AGE AND
Security Act (42 U.S.C. 401) amounts equal to under subsection (c) shall be reduced (but SURVIVORS INSURANCE TRUST FUND.—There
the reduction in revenues to the Treasury by not below zero) in the same proportion that are hereby appropriated to the Federal Old-
reason of this section (without regard to this the number of days for which such wages are Age and Survivors Insurance Trust Fund and
subsection). Amounts appropriated by the received bears to the number of days de- the Federal Disability Insurance Trust Fund
preceding sentence shall be transferred from scribed in subsection (c)(1)(A). established under section 201 of the Social
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1687
Security Act (42 U.S.C. 401) amounts equal to Ms. GRANGER. Mr. Speaker, I yield Mr. Speaker, I reserve the balance of
the reduction in revenues to the Treasury by myself such time as I may consume. my time.
reason of this section (without regard to this Mr. Speaker, I rise today in support
subsection). Amounts appropriated by the b 0020
of H.R. 6201, the second coronavirus re-
preceding sentence shall be transferred from Mrs. LOWEY. Mr. Speaker, I yield
the general fund at such times and in such lief bill.
Fiscal year 2020 appropriations bills such time as he may consume to the
manner as to replicate to the extent possible
were enacted less than 3 months ago, gentleman from Massachusetts (Mr.
the transfers which would have occurred to
such Trust Fund had this section not been which included record levels of spend- NEAL), the chair of the Committee on
enacted. ing on our public health infrastructure. Ways and Means.
DIVISION H—BUDGETARY EFFECTS This allowed the administration to re- Mr. NEAL. Mr. Speaker, I thank the
gentlewoman for yielding.
SEC. 8001. BUDGETARY EFFECTS. spond immediately to the coronavirus
(a) STATUTORY PAYGO SCORECARDS.—The Mr. Speaker, I rise in strong support
when the threat became clear.
budgetary effects of division B and each suc- of this important legislative package
Last week, the House and Senate
ceeding division shall not be entered on ei- to protect Americans’ health and fi-
voted almost unanimously on an $8 bil-
ther PAYGO scorecard maintained pursuant nancial security as our Nation con-
to section 4(d) of the Statutory Pay-As-You-
lion emergency supplemental, giving
fronts the coronavirus crisis.
Go Act of 2010. the administration new resources to re- I want to highlight quickly three
(b) SENATE PAYGO SCORECARDS.—The spond to the virus. Unfortunately, the policies that the Ways and Means Com-
budgetary effects of division B and each suc- threat we face has grown more complex mittee contributed to the measure be-
ceeding division shall not be entered on any and costly in only a week’s time.
PAYGO scorecard maintained for purposes of fore us this evening.
The bill before us will provide a sec- First, we are ensuring that the
section 4106 of H. Con. Res. 71 (115th Con- ond installment of supplemental funds
gress). coronavirus testing is provided free of
(c) CLASSIFICATION OF BUDGETARY EF- and combat the negative economic ef- charge. It is imperative that anyone
FECTS.—Notwithstanding Rule 3 of the Budg- fects of this disease that has now been who needs to be tested for coronavirus
et Scorekeeping Guidelines set forth in the called a pandemic. is able to afford that testing. If individ-
joint explanatory statement of the com- This legislation builds off of last uals worry that they can’t afford the
mittee of conference accompanying Con- week’s bill, where we expanded the cost of the test, they will forgo it and
ference Report 105–217 and section 250(c)(8) of availability of tests for the coronavirus
the Balanced Budget and Emergency Deficit risk endangering themselves and their
to ensure that everyone who needs to community.
Control Act of 1985, the budgetary effects of be tested, gets tested.
division B and each succeeding division shall To provide Americans with the nec-
Mr. Speaker, in his remarks today, essary confidence they need to seek
not be estimated—
(1) for purposes of section 251 of such Act; the President reaffirmed his commit- testing, we have included a provision
and ment to distribute millions of tests and that ensures free coronavirus testing in
(2) for purposes of paragraph (4)(C) of sec- speed up how they are processed. This Medicare, Medicaid, and CHIP, as well
tion 3 of the Statutory Pay-As-You-Go Act bill takes the next step to include more
of 2010 as being included in an appropriation as for people enrolled in private insur-
than $1 billion to cover the cost of tak- ance, the uninsured, Tribal commu-
Act. ing these tests, including for service-
The SPEAKER pro tempore. Pursu- nities receiving care outside of Indian
members and veterans. We must ensure health facilities, and our military fam-
ant to the rule, the gentlewoman from tests are administrated so that people
New York (Mrs. LOWEY) and the gentle- ilies.
know if they are infected. This is the Second, we are making a historic
woman from Texas (Ms. GRANGER) each only way we can stop the spread of this emergency commitment to paid leave
will control 20 minutes. virus.
The Chair recognizes the gentle- for the American family members af-
Emergency food assistance is pro- fected by coronavirus. One of our top
woman from New York. vided in the bill for seniors, women,
GENERAL LEAVE
priorities was to get Americans af-
children, and low-income families. fected by coronavirus emergency paid
Mrs. LOWEY. Mr. Speaker, I ask That includes additional help for chil-
unanimous consent that all Members leave so that they can pay their bills.
dren whose schools are being closed as After intense negotiation with Treas-
have 5 legislative days in which to re- a precautionary measure to keep them
vise and extend their remarks and in- ury, we have agreed that this is an
safe. emergency.
clude extraneous material on H.R. 6201, Tax incentives are included to en- We will require employers to provide
currently under consideration. courage American businesses to allow
The SPEAKER pro tempore. Is there the leave and reimburse them for the
employees to take emergency leave to full cost via tax credits. Affected self-
objection to the request of the gentle- limit the spread of the virus. No one
woman from New York? employed workers would be eligible for
should have to choose between getting refundable tax credits.
There was no objection. a paycheck or infecting other people.
Mrs. LOWEY. Mr. Speaker, I yield In the long run, we need a com-
Mr. Speaker, we have heard many prehensive paid leave program like the
myself such time as I may consume.
concerns about the needs of small busi- one in the FAMILY Act. If we had that
Mr. Speaker, the Families First
nesses. In addition to the tax incen- now, we would be in a far better place
Coronavirus Response Act builds on
tives in the bill, more than $37 billion with options available to us as workers
the $8.3 billion supplemental enacted
is already available from prior appro- confront these challenges.
last week to meet the needs of the
priations for the Small Business Ad- Finally, we are implementing meas-
American people, by:
Guaranteeing free coronavirus test- ministration to make loans. As we ures to stabilize the unemployment in-
ing; watch the impact of this virus on our surance system and make sure that
Providing paid leave; and Nation’s job creators, I will continue workers can access their earned bene-
Strengthening food security initia- working with the administration and fits. These provisions will immediately
tives through additional investments my colleagues to ensure they get the help States deal with spikes in unem-
in WIC, food banks, and senior nutri- help they need. ployment and prepare them for any fu-
tion. While bringing this bill to the floor ture local or national recessions.
The bill also makes sure that chil- has taken much longer than I had These provisions give States nec-
dren who depend on free and reduced- hoped, it is time for Congress to pass essary flexibility to provide unemploy-
price meals have access to food during it. This bill will give the President and ment insurance to coronavirus-affected
school and childcare closures. our public health officials the tools individuals without delays caused by
Mr. Speaker, we must help ensure the that are needed right now to respond to waiting periods and work search re-
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physical safety and financial security this quickly changing threat. quirements.
of our Nation’s working families during Mr. Speaker, I urge my colleagues to I want to acknowledge, in closing,
this time of crisis. join me in voting for this measure. We that despite the urgency with which we
Mr. Speaker, I urge my colleagues to must pass this bill today to help lessen have worked, this legislation had the
join me in support of this legislation, the devastating impact of this global benefit of extensive bipartisan negotia-
and I reserve the balance of my time. pandemic on the American people. tions and thoughtful consideration. My
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H1688 CONGRESSIONAL RECORD — HOUSE March 13, 2020
staff has worked around the clock, as viding emergency leave for workers so The impacts of this virus are cascading
always, working with Ranking Member that they can operate and survive dur- across society. People’s health is at risk. And
BRADY’s staff to get bipartisan input ing this economic challenge. for many their economic reality has changed
into these provisions. In order to help small businesses and overnight.
The Speaker and I have spent much their workers, language has been added People need to get tested. Quarantined
time on the phone with the Secretary to this bill, and President Trump is di- workers are wondering how they will pay their
of the Treasury to ensure, along with recting the Secretaries of the Treasury bills. Healthcare workers are putting their own
Mr. Mnuchin, that this bill is a solu- and Labor to write rules to ensure that health at risk. And children are missing their
tion that the administration and both small businesses do have the flexibility school lunches.
parties in this institution can support. to provide paid leave for their employ- They need help.
As a result, we have a very good ees. They need help now.
product here. I am confident this meas- They shouldn’t have to be concerned The coronavirus knows no border. It knows
ure will pass Congress with full bipar- about cash flow when they work to re- no political party. And Mr. Speaker, our re-
tisan support and reach the President’s tain the workers they need to operate sponse shouldn’t either.
desk without issue. and keep serving their customers and Ms. JOHNSON of Texas. Mr. Speaker,
As we face this challenge, Americans our communities. This is vital to today, I rise in support of the Families First
are looking to their government lead- America’s economic rebound. Coronavirus Response Act, which will provide
ers to come together and present real This bill also protects seniors and the crucial support for our workforce and
solutions. Today, we are doing that. We those with severe medical conditions economy amid the current public health emer-
are taking decisive action to help limit by ensuring that the Social Security gency associated with COVID–19. It is our
the spread of coronavirus, allow Ameri- Administration is not running a new duty to care for all members of our society,
cans critical access to testing, and pro- permanent mandate. and this stimulus package will do so. We will
vide families financial security in the We were also able to stop some mis- ensure that hourly workers and families have
near and the long term. guided demands. In this bill, the health access to emergency paid sick leave, food se-
Lastly, let me acknowledge the com- provisions are now limited to COVID–19 curity, and—most importantly—free testing for
mittee staff at the Ways and Means without including unrelated treat- corona virus regardless of insurance status.
Committee for the work that they have ments, ensuring that pro-life Hyde For families’ economic security, we have se-
put into this legislative achievement. amendment protections remain intact cured paid emergency leave, with two weeks
Legislative counsel truly put in a Her- to prevent taxpayer funds being used of paid sick leave and up to three months of
culean effort to assemble this bill, for abortions. paid family and medical leave. We have also
along with leadership staff. They Republicans were able to block ef- secured enhanced Unemployment Insurance,
worked around the clock, all hours of forts to add new burdens on hospitals a step that will extend protections to fur-
the day and night, to create the imme- that would have overruled the CDC’s loughed workers.
diacy of this legislation that will slow science-based guidelines and prevented For families’ food security, we have
the spread of this virus, support Amer- critical flexibility for our local strengthened nutrition security initiatives, in-
ican workers and families, and save healthcare providers. cluding SNAP, student meals, seniors’ nutri-
lives. These are temporary, targeted meas- tion and food banks. For the twenty-two million
In particular, I want to acknowledge ures. They are temporary because we children who rely on free or reduced-price
the teams on our Health, Worker and have seen what happens when a bill school meals for their food security, we must
Family Support, Select Revenue Meas- that is supposed to be ‘‘timely, tar- ensure that they have food to eat.
ures, and Social Security Subcommit- geted, and temporary’’ drags on for For families’ health security, we have in-
tees for their excellent contributions. years. It prolongs economic hardship. creased federal funds for Medicaid to support
The American people will be better We will rebound, and we will rebound our local, state, tribal and territorial govern-
equipped to weather this crisis thanks strongly. Good policies—ones that ments and health systems, so that they have
to their important bipartisan work. strengthen our local communities—re- the resources necessary to combat the
Mr. Speaker, I urge full support of sult in speedy recoveries. coronavirus.
this legislation. In America, we know we are blessed, As representatives of Americans from all
Ms. GRANGER. Mr. Speaker, I yield even when faced with great adversity. corners of our country, we have a responsi-
to 4 minutes to the gentleman from We are blessed by an abundance not bility to protect the health and well-being of
Texas (Mr. BRADY). only of resources but of spirit. It is our communities in times of crisis. I urge my
Mr. BRADY. Mr. Speaker, President that very spirit that will get us colleagues to support the Families First
Trump’s declaration of a national through the coronavirus and the other Coronavirus Response Act.
emergency is a call to action to protect challenges we face in the future. Mr. BISHOP of Georgia. Mr. Speaker, I
American’s health and well-being and While today’s bill is not perfect, it is strongly support this bill.
protect the economy. another step in the right direction to- As Chairman of the Agriculture, Rural De-
This bill, thanks to the leadership of ward safety and security and a revital- velopment, and FDA Subcommittee of Appro-
Secretary Mnuchin and Leader MCCAR- ized economy. priations, I want to acknowledge the tremen-
THY, and working with both sides of the I encourage my colleagues to vote for dous cooperation between the Appropriations
aisle, meets many of these goals. this bill and then come back to the and authorizing committees in producing this
The President has succeeded in work- table so we can continue our work to bill so quickly.
ing with the private sector to achieve keep American workers and families It takes a truly multi-jurisdictional approach
free testing, and now our bill builds on prepared, safe, and healthy. to addressing the urgent needs, many families
that. Americans in need of lab tests for Ms. GRANGER. Mr. Speaker, I urge a will have, as we face this pandemic.
the coronavirus will get them free. ‘‘yes’’ vote on this bill, and I yield back [The fight against this scourge will be tough
We are making good on President the balance of my time. and we must be prepared.]
Trump’s promise to provide financial Mrs. LOWEY. Mr. Speaker, the hour Last week we provided $61 million to FDA
assistance for working Americans who is late, vote ‘‘yes,’’ and I yield back the for the development and review of medical
are ‘‘ill, quarantined, or caring for oth- balance of my time. countermeasures, devices, therapies, and vac-
ers due to coronavirus,’’ and it does so Mr. MCGOVERN. Mr. Speaker, we have cines to combat the coronavirus.
using our Tax Code rather than by cre- once again been called to respond to a crisis. Today, we work to protect our families.
ating a new entitlement. In the past, we have faced national security Cancellation of conferences, sporting events
The original bill contained provisions threats and natural disasters. But today, it is and other gatherings is having a major impact
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that would create undue burdens on something radically different: A pandemic. on the hospitality, transportation, and related
America’s small businesses. I have spo- What started half a world away has now industries, resulting in layoffs that will likely
ken directly with President Trump, the spread to more than 100 countries, including cause families to turn to WIC and food banks
champion of small business, who agrees the United States. Layoffs have begun, for help.
that America’s small businesses need schools have cancelled classes, and large Schools are closing, leaving children without
flexibility and cash flow when pro- gatherings have been banned. free and reduced-price meals.
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1689
But I am pleased this bill would allow Mr. DANNY K. DAVIS of Illinois. Mr. Speak- Second, our front-line needs reinforcements.
households with eligible children to receive er, I rise in strong support of the Families First We currently have provider shortages; to win
emergency SNAP assistance to put food on Coronavirus Response Act which is designed this next stage of the fight we must maintain
the table. to put families first, protect and stabilize our sufficient hospital staffing. Dr. Burgess and
Three programs get additional funds in this economy, and provide Americans with assur- Representative ESHOO have a bipartisan bill
bill. ance that this House has their needs and in- that would improve the ‘‘Ready Reserve’’ of
First, we provide $500 million for WIC to terests at the top of our priority concerns. the United States Public Health Service Com-
provide nutritious foods for low-income preg- I support this measure because—during this missioned Corps. The ‘‘Ready Reserve’s’’ pur-
nant women or mothers with young children period of uncertainty—it helps provide critical pose is to fulfill the need for additional per-
who lose their jobs or are laid off due to the paid sick and family leave for workers affected sonnel on short notice for public health and
coronavirus emergency. by this public health crisis. emergency response. We must improve the
Second, we provide $400 million for The Approximately 80 million workers aged 16 surge capacity of our health care workforce.
Emergency Food Assistance Program— and older are paid hourly, which means they Why this was left out is maddening; it makes
TEFAP—to help local food banks meet in- typically lack paid sick and family leave. no sense.
creased demand during the emergency. Around 75 percent of workers live paycheck Of course, we all know there will be more
Third, we provide $100 million for Nutrition to paycheck. work to do in the coming weeks. We must get
Assistance for the U.S. Territories. Puerto These benefits will help cover employees ready. We need to turn our attention to our
Rico, American Samoa, and the Northern Mar- who are sick, quarantined, or caring for loved medical product supply chain—both for this
iana Islands rely on Congress to block grant ones who must remain at home. pandemic and future ones.
their SNAP funds in an emergency and these If a worker is furloughed, laid off, or ex- For me, this is not a new concern, prior to
funds will support their pandemic response. hausts their paid leave, it provides enhanced the coronavirus outbreak, I’ve raised concern
Thanks to the Chairs and staffs of the Ap- unemployment benefits and flexibility in eligi- about our country’s overreliance on foreign
propriations and authorizing committees who bility requirements to help. pharmaceutical manufacturing. If a country
worked so hard over the last 72 hours on this The bill provides free testing to determine monopolizes the production of a drug and
bill. It will bring relief, consolation, and hope- who is affected. wishes to retaliate against the U.S., they could
fully food security to our constituents. It provides substantial dollars to nutrition for substantially increase drug prices or reduce
Mr. SCOTT of Virginia. Mr. Speaker, the low-income individuals—including pregnant supply in an attempt to cause shortages, lim-
spread of COVID–19 will present increasingly women, mothers with young children, food iting access to critical medications. This could
severe challenges for students, workers, and banks, students receiving free and reduced put American lives at risk in a time of crisis.
families. Communities across the country are lunch whose schools have closed, and sen- Finally, I still believe the Medicaid policies in
counting on this Congress to deliver a bold, iors. the bill could have been designed more effec-
immediate, and targeted response. It safeguards Medicare benefits and pay- tively and better-targeted to the immediate
The Families First Coronavirus Response ments, protects frontline health care workers, challenge presented by COVID–19. With that
Act—which is the result of careful bipartisan and directs special attention to the hardest hit said, states and localities are on the front lines
negotiations—is an important step toward pro- communities. and this enhanced funding will help states im-
viding the American people the support they I am pleased to support this bill because it mediately address public health needs as well
need to confront this national emergency. is an important step by our country’s leaders
This bill ensures that all Americans can ac- as handle an expected surge in new patients.
to say to the American people that we’ve got Even with these concerns, I do rise in sup-
cess cost-free COVID–19 testing. your back. We are not done. This House will
It provides states and schools the flexibility port of the bill because we need to make sure
take further action when needed to help our people can get tested, help those who have to
they need to ensure that students do not go
residents weather this crisis. stay home from work and their families, and
hungry during school closures. It also provides
Mr. WALDEN. Mr. Speaker, I rise today in ensure our health professionals have the sup-
child and adult care providers additional sup-
support of the bill. The American people are port they need from the federal government.
port to make sure people are getting the nutri-
rightly concerned about coronavirus, and as a I urge my colleagues to support this bill. To
tion they need.
Congress, we have a responsibility to help the American people, our country is strong.
It provides women, infants, and children with
them deal with this crisis. Many Americans— Our economy is resilient. Do not panic but be
the flexibility to access WIC food benefits and
sick or not—will need to stay home from work. smart and vigilant and we can overcome this
infant formula without the need to make un-
Many will need access to testing and care. challenge.
safe visits to clinics.
It provides workers 14 days of emergency Our state and local health care providers and Ms. LEE of California. Mr. Speaker, I rise in
paid sick leave, so they are not forced to first responders are on the front lines of this strong support of the Families First
choose between their paycheck and their fight. We’re all in this together. That’s how I’m Coronavirus Response Act.
health. thinking about it as a citizen—for my family— I want to thank our Speaker for her remark-
And it also provides enhanced unemploy- and as United States Congressman working able and steady leadership, our entire leader-
ment compensation and paid family and med- for you, for Oregon, and for our nation. ship team, the committee chairs, and our Ap-
ical leave so that workers can take time off to Last week, we approved over $8 billion to propriations Chair, Nita Lowey who helped to
care for themselves and their loved ones with- get more tests out into our communities, reim- craft this package.
out losing their jobs. burse local entities for the work they are We must boldly fight this pandemic with all
By passing this legislation, we protect the doing, and to find a vaccine and treatments. the science-based tools and resources we
health and financial security of millions of stu- We need to do more, and that’s what we will have. And we must put families first.
dents, workers, and families. do today. The bill before us does exactly that by:
But we must recognize that this package By working together, our efforts will leave Providing free coronavirus testing for every-
alone is not sufficient. In the coming weeks, our country better prepared to address this cri- one who needs it,
we must be willing to take further action to ad- sis. But I must note that more could have Establishing an emergency paid leave pro-
dress the consequences of this epidemic. been done. gram,
For example, I am particularly concerned First, we all know hospitals across the na- Enhancing state unemployment benefits,
that this bill does not include important safety tion are preparing to treat a surge of patients Strengthening food assistance programs for
protections for our front-line health care work- and health care providers are already running seniors and school kids.
ers, who will be called upon to perform heroic low on crucial respirator masks. We need to I urge all members to support this critical
work in the months ahead. I will continue to make more of these masks available to pro- legislation to help address the needs of fami-
work with my colleagues to pass necessary tect our health workers who are on the front lies across this nation facing the impact of this
legislation to protect their safety. lines of this pandemic. By making common- pandemic.
Additionally, at the last minute, provisions sense changes to the PREP Act, we could Lastly, I want to thank the Governor, State
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were inserted into the bill that regrettably de- boost the availability and supply of critically Officials, our Mayor, Local Officials, Port of
nied some workers paid leave benefits. But needed respirators. This is a missed oppor- Oakland, our workers, Federal Partners, and
millions of workers will have access to paid tunity, but I’m going to keep pushing. We need our residents who have pulled together so that
leave that is not available to them today. to get these crucial pieces of protective equip- public health protocols were put in place to
So, I urge all Members to support the Fami- ment out to communities who need them ensure the health and safety of everyone in-
lies First Coronavirus Response Act. most. cluding the West Oakland community.
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H1690 CONGRESSIONAL RECORD — HOUSE March 13, 2020
The West Oakland community has been sig- by closing schools two days before spring In the meantime, we must do all that we can
nificant challenged by environmental racism break to do a deep clean, and they are ex- to protect the elderly; those with serious pre-
and injustice in the past. I am proud of the pecting to resume classes after the break. existing health conditions, and our health care
community their compassion and competence The person is being treated at an undis- workers from contracting COVID–19.
and for stepping up during these challenging closed hospital and is reported to be under I believe that we must do more to prepare
times. observation and doing well. the public for what may be localized, house-
Ms. OMAR. Mr. Speaker, as we respond to COVID–19 is more contagious than the flu. hold, or individual quarantines to address the
the Coronavirus pandemic, it’s crucial that we The contagious score is 1.5 and COVID–19 spread of COVID–19.
don’t forget the 22 million children who rely on is 2.3. We must vastly increase the number of
free or reduced-priced school lunches. Although symptoms are compared to the flu, tests and make sure that everyone presenting
For many kids, it is the only meal they get COVID–19 is not the flu. with mild cold or flu like symptoms is tested to
each day. It is our responsibility to ensure that Because there is no immunity, vaccine, or accurately gauge the spread of COVID–19 in
kids continue to get the meals they need. widely agreed upon treatment there are only a communities.
I’m proud that the package the House is few options for protecting the public and lim- I saw news reports in early January on the
passing today includes my legislation—the iting its spread. novel Coronavirus’s rapid spread and the
Maintaining Essential Access to Lunch for Stu- This is a time in our nation that historians numbers of infected expanding so quickly, I
dents Act. will write about and anthropologists will study, knew this was not something to be taken light-
My bill gives schools that are forced to close but for us—living today—we are in a fight ly and that time was not on our side to mount
during a public health emergency the flexibility against a foe that we have never faced before, an effective defense.
to implement alternate options—like home de- but we must defeat. On February 10, 2020, I held the first press
livery of meals—in order to ensure their stu- The army before us are our medical re- conference on the issue of the novel
dents are fed. searchers, doctors, nurses, first responders, coronavirus at Houston Intercontinental Air-
I urge my colleagues to vote yes on this bill and sanitation workers, but they cannot defeat port.
and ensure that no child goes hungry due to this enemy alone. I was joined by public health officials, local
school closures in times of crisis. Each of us, not just in the United States but unions, and advocates to raise awareness re-
Ms. JACKSON LEE. Mr. Speaker, I rise to around the world must join the fight by paying garding the virus and the implications it might
speak in strong support of H.R. 6201, the attention to facts and not spread rumors. have for travel to the United States from China
Families First Coronavirus Response Act of The weapons for slowing the spread of and to combat early signs of discrimination
2020, which provides much needed protec- COVID–19 are simple and they work: targeting Asian businesses in the United
tions for American families from the worst con- Washing hands; States.
Sanitizing surfaces; On February 24, 2020, I held a second
ditions that might arise as the nation fights the
Social Distance;
spread of COVID–19. press conference on the International Health
Isolation; and
My thoughts and prayers are with the fami- Quarantines. Regulations Emergency Committee of the
lies who have lost loved ones and the thou- These tools for controlling the spread of in- World Health Organization declaration of a
sand who are sick, and the many others who fectious diseases are as old as civilization and ‘‘public health emergency from the outbreak of
will struggle with the effects of COVID–19 over are still used today because they work. the Coronavirus.’’
the coming days, weeks, and months. Some of the first records of the use of At that time, I formally requested the Presi-
We owe a special debt to First Responders cleaning, washing, and isolation of the sick dent of the United States by letter to imme-
who will be the lifeline for those who will need and those thought to be ill is found in the Bible diately suspend any health-related cuts that
medical care to overcome this coronavirus in the Book of Leviticus Chapter 13. impact efforts to contain and treat the
designated as COVID–19. It provides detailed instructions to the com- coronavirus, including the $3.3 billion in cuts
The legislation includes: munity about leprosy, a dreaded contagious to the National Institutes of Health (NIH) and
Health Care Worker Protections; disease. the discretionary budget cuts for the Centers
Emergency Paid Leave; To defeat COVID–19, we must practice for Disease Control and Prevention (CDC) of
Emergency Unemployment Insurance; and hand washing, social distance, isolation, and nearly 19 percent at $678 million, severely
Paid Sick Days for Public Health Emer- quarantine. threatening the CDC’s ability to respond to this
gencies and Personal and Family Care. Hand washing sounds simple but it involves and other epidemics in the future.
This bill provides immediate help to Amer- much more attention and time to do it right— Additionally, I requested the President to
ican families that are now on the frontline of and remove germs. suspend cuts in both the Medicare and Med-
this fight to defeat COVID–19. To get accurate instructions on what is icaid programs.
Yesterday, the World Health Organization needed to know visit https://coronavirus.gov, On February 26, 2020, I sent a letter to the
declared COVID–19 a pandemic, which has where information can be found on cleaning Chair and Ranking Member of the Committee
reached at least 114 countries, sickening over and personal care. on Homeland Security seeking a meeting with
139,000 people, and killing more than 5,116 Social distance means limiting physical con- Acting Secretary of Homeland Security Chad
worldwide. tact and having at least six feet separating Wolf to gain insight into the Preparedness of
The first presumptive COVID–19 positive persons while in public spaces. the Agency to address a possible pandemic.
case was reported in the Houston area oc- Social distance practices can include not On February 28, 2020, I spoke on the Floor
curred in Montgomery County, Texas, which shaking hands, or touching surfaces where the of the House and announced plans to form a
borders Harris County, the location of Hous- virus can be picked up. Congressional Coronavirus Task Force.
ton, Texas. Social distance can also involve limiting the I thank Congressmen BRIAN FITZPATRICK
Montgomery County, Texas officials con- number of people who may be in an enclosed and Dr. RAUL RUIZ for joining me as co-chairs
firmed that the man has not traveled out of the space. of the Congressional Coronavirus Task Force.
state or country recently. Isolation for at least 14 days is for persons Today, March 13, 2020, the House of Rep-
Currently, the 20 people he had been in who may have been in contact with a person resentatives is offering additional tools to help
close contact with are in self-quarantine. who tests positive for COVID–19. the American public during this crisis, the sec-
If the case is confirmed by the CDC, this Quarantine is for persons who are sus- ond relief package in less than a week.
could be the first community-spread case in pected of having COVID–19 or tested positive I want to impress upon the American people
the Houston area. for having COVID–19. that if they have not been paying attention to
Community-spread occurring is the reason Given the fluid nature of the events unfold- the issue of the virus, they need to stop and
why we need tests in enough supply that ev- ing each person should be informed and ready learn all that they can.
eryone can be tested so that we know the to support efforts to prevent or slow the First, do not panic—get informed with facts
state of COVID–19 in each community. spread of the illness. by visiting https://coronavirus.gov, this website
dlhill on DSKBBY8HB2PROD with HOUSE
While the Houston area has other cases The National Institutes of Health, the CDC, is maintained by the Centers for Disease Con-
that are linked to travel outside of the state, university researchers, and private companies trol and Prevention (https://cdc.gov).
this is the first case not linked to travel outside are working on a vaccine, which will take a They must prepare for what is coming—if it
of the state. year to produce in enough quantities to inocu- has not officially arrived in their community—
The Montgomery County, Texas Public late people from becoming infected with do not assume that it will not make its pres-
Health officials took steps to protect children COVID–19. ence known.
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March 13, 2020 CONGRESSIONAL RECORD — HOUSE H1691
The earlier bill provided $8.3 billion in fund- Bilirakis Gianforte McCollum Stevens Trahan Waters
Bishop (GA) Gibbs McEachin Stewart Trone Watkins
ing in emergency supplemental appropriations, Blumenauer Golden McGovern Stivers Turner Watson Coleman
which included: Blunt Rochester Gomez McHenry Suozzi Underwood Webster (FL)
More than $3 billion for research and devel- Bonamici Gonzalez (OH) McKinley Swalwell (CA) Upton Welch
Bost Gonzalez (TX) McNerney Takano Van Drew
opment of vaccines, therapeutics, and Taylor Vargas
Wenstrup
Boyle, Brendan Gottheimer Meeks Westerman
diagnostics; F. Granger Meng Thompson (CA) Veasey Wexton
$2.2 billion in public health funding for pre- Brady Graves (LA) Meuser Thompson (MS) Vela
Wild
vention, preparedness, and response, $950 Brindisi Graves (MO) Miller Thompson (PA) Velázquez
Williams
Brooks (AL) Green, Al (TX) Mitchell Thornberry Visclosky
million of which is to support state and local Brooks (IN) Griffith Moolenaar Tipton Wagner Wilson (FL)
health agencies; Titus Walberg Wittman
Brown (MD) Guest Moore
Tlaib Walden Womack
Nearly $1 billion for procurement of pharma- Buchanan Guthrie Morelle
Woodall
Bucshon Haaland Moulton Tonko Walker
ceuticals and medical supplies, to support Torres (CA) Walorski Wright
Burgess Hagedorn Mucarsel-Powell
healthcare preparedness and Community Bustos Harder (CA) Murphy (FL) Torres Small Wasserman Yarmuth
Health Centers, and to improve medical surge Butterfield Harris Murphy (NC) (NM) Schultz Zeldin
capacity; Calvert Hartzler Nadler
NAYS—40
$435 million to support health systems over- Carbajal Hastings Napolitano
Cárdenas Hayes Neal Babin Fulcher Mooney (WV)
seas to prevent, prepare, and respond to the Carson (IN) Heck Neguse Banks Gallagher Norman
coronavirus; Carter (GA) Herrera Beutler Newhouse Biggs Gohmert Rose, John W.
$300 million to respond to humanitarian Carter (TX) Higgins (LA) Norcross Bishop (NC) Gooden Roy
Cartwright Higgins (NY) Nunes Buck Green (TN) Sensenbrenner
needs; Case Hill (AR) O’Halleran Budd Grothman Smith (MO)
$61 million to facilitate the development and Casten (IL) Himes Ocasio-Cortez Burchett Hern, Kevin Steil
review of medical countermeasures, devices, Castor (FL) Holding Omar Byrne Hice (GA) Steube
Castro (TX) Hollingsworth Pallone Cline Jordan
therapies, and vaccines, and to help mitigate Cloud King (IA)
Timmons
Chabot Horn, Kendra S. Palmer Waltz
potential supply chain interruptions; and Cheney Horsford Panetta Davidson (OH) Lesko
Weber (TX)
Allows for an estimated $7 billion in low-in- Chu, Judy Houlahan Pappas DesJarlais Long
Wilson (SC)
Duncan Loudermilk
terest loans to affected small businesses. Cicilline Hoyer Pascrell
Emmer McClintock
Cisneros Hudson Payne
On, Thursday, March 12, the Centers for Clark (MA) Huffman Pelosi
Disease Control and Prevention (CDC) re- ANSWERED ‘‘PRESENT’’—1
Clarke (NY) Huizenga Pence
ported the coronavirus outbreak has now in- Clay Hurd (TX) Perlmutter Amash
fected more than 1,000 people in nearly 40 Cleaver Jackson Lee Perry
NOT VOTING—26
Clyburn Jayapal Peters
U.S. states—and the country’s top authority on Cohen Jeffries Peterson Abraham Kelly (MS) Palazzo
infectious diseases reports that things will only Cole Johnson (GA) Phillips Beyer Kirkpatrick Pingree
get worse. Collins (GA) Johnson (LA) Pocan Bishop (UT) Lewis Ratcliffe
Comer Johnson (OH) Porter Brownley (CA) Lipinski Rogers (AL)
The World Health Organization reports a 3.4 DeSaulnier Marchant
Conaway Johnson (SD) Posey Rooney (FL)
percent mortality rate for COVID–19. Connolly Johnson (TX) Pressley Gaetz Massie Speier
The challenge with this new coronavirus is Cook Joyce (OH) Price (NC) Gosar Meadows Yoho
that it is highly contagious, and of those in- Cooper Joyce (PA) Quigley Graves (GA) Mullin Young
Correa Kaptur Raskin Grijalva Olson
fected, 15–20 percent contract pneumonia Costa Katko Reed
And 5 percent of these cases may develop Courtney Keating Reschenthaler b 0051
Acute Respiratory Distress Syndrome (ARDS), Cox (CA) Keller Rice (NY) Mr. RICHMOND changed his vote
which is a rapidly progressive disease occur- Craig Kelly (IL) Rice (SC)
Crawford Kelly (PA) Richmond from ‘‘nay’’ to ‘‘yea.’’
ring in critically ill patients. Crenshaw Kennedy Riggleman So (two-thirds being in the affirma-
The main complication in ARDS is that fluid Crist Khanna Roby tive) the rules were suspended and the
leaks into the lungs making breathing difficult Crow Kildee Rodgers (WA)
bill, as amended, was passed.
or impossible. Cuellar Kilmer Roe, David P.
Cunningham Kim Rogers (KY) The result of the vote was announced
This virus is a serious public health threat, Curtis Kind Rose (NY) as above recorded.
but this does not mean that we should have Davids (KS) King (NY) Rouda A motion to reconsider was laid on
a public health panic. Davis (CA) Kinzinger Rouzer
Davis, Danny K. Krishnamoorthi Roybal-Allard the table.
There are knowledgeable and trained virol- Davis, Rodney Kuster (NH) Ruiz f
ogists, public health experts, and physicians Dean Kustoff (TN) Ruppersberger
who need the funding provided by this bill. DeFazio LaHood Rush LEGISLATIVE PROGRAM
DeGette LaMalfa Rutherford
I ask that my colleagues join me in voting in DeLauro Lamb Ryan Mr. HOYER. Mr. Speaker, the House
support of H.R. 6201. DelBene Lamborn Sánchez has now spoken in a clear voice and ap-
The SPEAKER pro tempore. The Delgado Langevin Sarbanes proved this bipartisan bill. If there are
question is on the motion offered by Demings Larsen (WA) Scalise
Deutch Larson (CT) Scanlon any developments that would require
the gentlewoman from New York (Mrs. Diaz-Balart Latta Schakowsky Members to return before our sched-
LOWEY) that the House suspend the Dingell Lawrence Schiff uled return date of March 23, 24 hours’
rules and pass the bill, H.R. 6201, as Doggett Lawson (FL) Schneider
notice will be provided.
Doyle, Michael Lee (CA) Schrader
amended. F. Lee (NV) Schrier I want to thank all Members for their
The question was taken. Dunn Levin (CA) Schweikert patience as leaders on both sides
The SPEAKER pro tempore. In the Engel Levin (MI) Scott (VA) worked hard to negotiate the
opinion of the Chair, two-thirds being Escobar Lieu, Ted Scott, Austin
Eshoo Loebsack Scott, David coronavirus response legislation the
in the affirmative, the ayes have it. Espaillat Lofgren Serrano House has now adopted. Much remains
Ms. GRANGER. Mr. Speaker, on that Estes Lowenthal Sewell (AL) to be done, but we have done good work
I demand the yeas and nays. Evans Lowey Shalala
Ferguson Lucas Sherman
last week on behalf of the American
The yeas and nays were ordered. Finkenauer Luetkemeyer Sherrill people and good work this week on be-
The vote was taken by electronic de- Fitzpatrick Luján Shimkus half of the American people.
vice, and there were—yeas 363, nays 40, Fleischmann Luria Simpson
f
answered ‘‘present’’ 1, not voting 26, as Fletcher Lynch Sires
Flores Malinowski Slotkin
follows: Fortenberry Maloney, Smith (NE)
RANKING A MEMBER OF A CER-
[Roll No. 102] Foster Carolyn B. Smith (NJ) TAIN STANDING COMMITTEE OF
dlhill on DSKBBY8HB2PROD with HOUSE
YEAS—363
Foxx (NC) Maloney, Sean Smith (WA) THE HOUSE OF REPRESENTA-
Frankel Marshall Smucker TIVES
Adams Armstrong Barr Fudge Mast Soto
Aderholt Arrington Barragán Gabbard Matsui Spanberger Ms. CHENEY. Mr. Speaker, by direc-
Aguilar Axne Bass Gallego McAdams Spano tion of the Republican Conference, I
Allen Bacon Beatty Garamendi McBath Stanton
Allred Baird Bera Garcı́a (IL) McCarthy Stauber offer a privileged resolution and ask
Amodei Balderson Bergman Garcia (TX) McCaul Stefanik for its immediate consideration.
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