[Congressional Record Volume 166, Number 52 (Wednesday, March 18, 2020)]
[Senate]
[Pages S1790-S1796]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LEGISLATIVE SESSION
______
FAMILIES FIRST CORONAVIRUS RESPONSE ACT
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 6201) making emergency supplemental
appropriations for the fiscal year ending September 30, 2020,
and for other purposes.
The PRESIDING OFFICER. The Senator from Kentucky.
Amendment No. 1556
Mr. PAUL. Mr. President, I call up my amendment No. 1556 and ask that
be it reported by number.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. Paul] proposes an amendment
numbered 1556.
The amendment is as follows
(Purpose: To amend the Internal Revenue Code of 1986 to require a
social security number for purposes of the child tax credit, to provide
the President the authority to transfer funds as necessary, and to
terminate United States military operations and reconstruction
activities in Afghanistan)
At the appropriate place, insert the following:
SEC. ___. SOCIAL SECURITY NUMBER REQUIREMENT FOR CHILD TAX
CREDIT.
(a) In General.--Paragraph (1) of section 24(e) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Social security number required.--No credit shall be
allowed under this section to a taxpayer with respect to any
qualifying child unless the taxpayer includes the social
security number of such child on the return of tax for the
taxable year. For purposes of the preceding sentence, the
term `social security number' means a social security number
issued to an individual by the Social Security
Administration, but only if the social security number is
issued--
``(A) to a citizen of the United States or pursuant to
subclause (I) (or that portion of subclause (III) that
relates to subclause (I)) of section 205(c)(2)(B)(i) of the
Social Security Act, and
``(B) before the due date for such return.''.
(b) Conforming Amendments.--
(1) Subsection (h) of section 24 of such Code is amended--
(A) by striking ``paragraph (7)'' in paragraph (4)(C) and
inserting ``subsection (e)(1)'',
(B) by striking paragraph (7), and
(C) by striking ``(2) through (7)'' in paragraph (1) and
inserting ``(2) through (6)''.
(2) Section 6213(g)(2)(I) of such Code is amended by
striking ``TIN'' and inserting ``social security number''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.
SEC. ___. TRANSFER AUTHORITY.
(a) In General.--Notwithstanding any other provision of
law, the President may transfer, as necessary and without
limitation, amounts from any account in the Treasury to any
other account in the Treasury being used for the purpose of
combating, addressing, or ameliorating the coronavirus
pandemic.
(b) Congressional Notification.--The President shall submit
to Congress, on each of the following dates, a notification
detailing each transfer made under subsection (a) during the
time period preceding the notification:
(1) July 1, 2020.
(2) October 1, 2020.
(3) January 1, 2021.
(c) Expiration.--The transfer authority in subsection (a)
shall expire on December 31, 2020.
SEC. ___. TERMINATION OF UNITED STATES MILITARY OPERATIONS
AND RECONSTRUCTION ACTIVITIES IN AFGHANISTAN.
(a) Termination.--Military operations of the United States
Armed Forces and reconstruction activities of the United
States Government in Afghanistan are hereby terminated.
(b) Deadline for Complete Cessation.--Not later than
December 31, 2020--
(1) all United States Armed Forces shall be removed from
Afghanistan; and
(2) all reconstruction activities of the United States
Government in Afghanistan shall be wound up.
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(c) Prohibition on Use of Funds.--Appropriated funds may
not be obligated or expended in connection with military
operations and reconstruction activities described in
subsection (a) after December 31, 2020.
Mr. PAUL. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER (Mrs. Loeffler). The Senator from Kentucky is
recognized.
Mr. PAUL. Madam President, I ask unanimous consent that the votes
scheduled at 12:10 p.m. be allowed to begin now.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The question is on agreeing to the Paul amendment.
The yeas and nays were ordered.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Colorado (Mr. Gardner) and the Senator from Florida (Mr. Scott).
The PRESIDING OFFICER (Mr. Romney). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 3, nays 95, as follows:
[Rollcall Vote No. 73 Leg.]
YEAS--3
Braun
Lee
Paul
NAYS--95
Alexander
Baldwin
Barrasso
Bennet
Blackburn
Blumenthal
Blunt
Booker
Boozman
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Duckworth
Durbin
Enzi
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Harris
Hassan
Hawley
Heinrich
Hirono
Hoeven
Hyde-Smith
Inhofe
Johnson
Jones
Kaine
Kennedy
King
Klobuchar
Lankford
Leahy
Loeffler
Manchin
Markey
McConnell
McSally
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Perdue
Peters
Portman
Reed
Risch
Roberts
Romney
Rosen
Rounds
Rubio
Sanders
Sasse
Schatz
Schumer
Scott (SC)
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Van Hollen
Warner
Warren
Whitehouse
Wicker
Wyden
Young
NOT VOTING--2
Gardner
Scott (FL)
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment was rejected.
The amendment (No. 1556) was rejected.
The PRESIDING OFFICER. The Senator from New Hampshire.
Coronavirus
Ms. HASSAN. Mr. President, Granite Staters are known for our all-
hands-on-deck spirit--coming together in difficult times to support our
friends and neighbors.
The COVID-19 pandemic has forced us all to change our daily routines
and adjust to new challenges; however, one thing that has not changed
throughout this public health emergency is the compassion and empathy
we are seeing from people all across our State.
Every month, I recognize a person or a group of people in New
Hampshire who have gone above and beyond to help their community. I
recognize them as the Granite Stater of the Month. But this month, I
couldn't choose just one person and, instead, wish to recognize all
Granite Staters for coming together to try to slow the spread of this
virus and to help those in need.
All across New Hampshire, people are taking commonsense steps, both
to keep themselves healthy and to avoid unknowingly passing along the
virus to others, particularly those who are at high risk. This includes
washing your hands thoroughly and for at least 20 seconds and wiping
down frequently touched surfaces, like cell phones and door handles. It
also means practicing social distancing by going out in public only
when absolutely necessary and keeping at least 6 feet between you and
another person.
We have also seen that events people look forward to all year, like
the Boston Marathon or St. Patrick's Day festivities, have been
canceled or postponed. People are following public health officials'
guidelines by staying at home and canceling long-awaited travel plans.
Taking these necessary measures is hard and unpleasant, but it has
been inspiring to see how many people are willing to make these
sacrifices to protect the public health.
Additionally, many people might contract only mild symptoms from
COVID-19, especially those who are younger and in good health; however,
it is heartening that so many of those individuals recognize how
important it is to protect others who might be at higher risk, like
those over 60 or people living with chronic health conditions.
As many Americans know, it is also crucial that we don't overwhelm
our healthcare system and prevent an influx of patients from crowding
hospitals, which could lead to a shortage of critical medical equipment
and personal protective gear. Collective actions, like staying home and
minimizing interactions with others, will be crucial in combating this
public health emergency.
As people's lives continue to experience disruption, I have been
inspired to see such a tremendous outpouring of support from people all
across New Hampshire in an effort to help one another during this very
difficult time. For instance, nonprofits, food pantries, and volunteers
are partnering with local schools in New Hampshire to combat food
insecurity in their communities. One school district held a food drive
over the weekend with a local nonprofit. They were concerned that given
the last-minute nature of the event, there would be low participation.
To their surprise, the school reported that the community came out in
droves to donate goods.
Stories like this are abundant in communities across my State, and I
am immensely proud of how people across New Hampshire have come
together to respond to this public health emergency.
In the coming weeks and months, it will be even more important that
Granite Staters and all Americans lean on one another for support. I
encourage everyone to reach out to your neighbors, especially those at
higher risk, to see what you can do to help. If you have an older
neighbor, see if they need help picking up their groceries. If you know
someone who is a medical professional with young kids at home, ask if
you can babysit.
Right now, it is important for people to remember what we can all do
to help contain the spread of this virus and that we all have a role to
play in doing so. In New Hampshire, we pull together, and we help one
another to get through challenging times, and I know we can come
together to slow the spread of this virus.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas.
Mr. CORNYN. Mr. President, as healthcare professionals, first
responders, and communities across our country work around the clock to
fight the spread of the coronavirus, our televisions and news feeds
have been filled with a lot of numbers--the number of new cases
reported each day, the rising number of fatalities, unfortunately, and
the volatile ups and downs of the stock market. All of this data paints
a picture of the widening scope of this outbreak on a national scale,
but it fails to represent the impact it is having on individuals and on
small businesses in our communities.
I think of people like Joe Kenney, who opened Cobbleheads Bar & Grill
in Brownsville, TX, nearly 25 years ago. Like other restaurant owners
around the country, he is trying to adapt so he can keep his doors open
while he follows guidelines from the Centers for Disease Control and
Prevention. He canceled the restaurant's popular St. Patrick's Day
celebration and, instead, offered corned beef and cabbage as a takeout
option, but he is nervous about just how long he can hold on and how he
will be able to stay afloat.
Joe said: ``Shutting down two, three, four weeks, you can leave 25
years on the table with what we put into this place.''
Joe, to his credit, is especially, worried about his more than 30
employees and what will happen to them.
[[Page S1792]]
This is a familiar story for countless small businesses and their
employees--small businesses that are losing customers through no fault
of their own.
Erin Willis owns RM 12:20 Bistro in northeast Dallas. When she heard
Mayor Johnson's announcement of limiting restaurants to takeout
service, she said: ``I just hope we can survive this.''
Like Joe, Erin is mostly concerned about the well-being of her staff.
Hourly workers, particularly those who rely on tips, are seeing fewer
and fewer opportunities to collect paychecks. Erin is rotating
employees so that everyone can have some work, but the fears about how
long this could last are really settling in.
She said:
The service industry is their livelihood. If we all close,
they literally have nothing.
As more and more Americans are staying home, small businesses and
their employees are the hardest hit, but the impact does not end with
them. The hard stop on large gatherings doesn't just mean businesses,
schools, and workplaces are shutting down; it means vital community
events, including things like blood drives, are being canceled.
Officials from the South Texas Blood & Tissue Center said this has
put their community blood supply at risk of collapse, and while this
isn't related to treating those who have been diagnosed with the
coronavirus, it is vital to the ongoing, everyday work of our
healthcare system. Blood donations help people who lose blood during
major surgeries or after having suffered traumatic injuries. They also
help those who have chronic conditions and require occasional blood
transfusions.
Hospitals and donation centers are taking every precaution to protect
donors while they are fulfilling the need of blood donations, and I
encourage all Texans who are healthy and at low risk of contracting the
coronavirus to consider donating blood. During times like these, when
it is, perhaps, easy to feel that circumstances are beyond your
control, this is one small step each of us can take to support our
communities.
I know this is a time of serious uncertainty for both the physical
and financial health of our families and our country, but I want to
assure my constituents--the 29 million people I am privileged to
represent in the State of Texas--that the Senate is working to provide
them with the relief that we can.
Less than 2 weeks ago, the President signed a bill we passed that
provided $8.3 billion in emergency funding to combat the virus, which
has sent vital funding toward treating and preventing the spread of the
virus, including toward the purchase of masks and personal protective
equipment, as well as in supporting the development of a vaccine,
possible treatments, and more diagnostics. This was an important first
step toward bolstering our response in the early phases of community
spread, and now we are working to address the larger impact this virus
is having on American workers, families, and our economy.
Soon, the Senate will take another bipartisan step of providing
support by passing the Families First Coronavirus Response Act. This
legislation will go a long way in providing immediate relief for those
who are struggling to make ends meet during this challenging time.
It creates a new Federal emergency paid sick leave program for those
who are impacted by the coronavirus. Whether workers are diagnosed with
the virus or are caring for dependents who are affected, they will be
able to take up to 10 days of paid sick leave, and many Texas workers
will have access to 12 weeks of paid leave in order to care for
dependents because of coronavirus-related school closures.
This legislation makes important changes to unemployment insurance to
ensure that Texans can take advantage of these benefits during this
time of uncertainty.
It also provides food security for Americans of all ages, from
schoolchildren who rely on free lunches at school to seniors who are
unable to leave their homes, for every American deserves access to
basic nutrition.
This bill also makes coronavirus testing free of charge for all
Americans, and it includes a range of measures to support the
healthcare professionals who are literally on the frontlines of this
fight.
I proudly support the bill, and I am eager to get it to the President
for his signature. We shouldn't delay in sending it to his desk. We
have been able to come together and move two bills through Congress
that support healthcare workers, neighbors, and communities that are
being impacted by the coronavirus. I hope this trend of bipartisanship
will continue in the coming weeks and months as we work to build on the
actions we have already taken.
I echo the comment made by the majority leader that this is only the
beginning of our efforts to support our country. We will keep working
this week and next and for however long it takes in order to assist
American workers and families, to support our local businesses, and to
secure both the immediate and long-term viability of our economy. Via
three task forces, the Senate has already begun the work of putting
together the next economic recovery legislation, and we will not leave
until we get that bill passed, too.
While most Americans' daily lives have been upended by the spread of
the coronavirus, there are countless men and women who continue to go
to work and fill critical needs in our society. We owe a debt of
gratitude to the dedicated healthcare professionals who are on the
frontlines of this pandemic; to the scientists who are working
diligently to develop a vaccine; to the first responders who are
continuing to expose their own health for our safety; to the farmers
and ranchers and producers who are keeping us fed; to the grocery store
employees who are restocking shelves; and to the countless others who
are leaving their homes and their families each morning to keep us safe
and healthy. We need to say thank you to each of them. As these men and
women continue doing everything they can to respond to the spread of
the coronavirus, the Senate will do the same.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. MURRAY. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mrs. Loeffler). Without objection, it is so
ordered.
Amendment No. 1559
Mrs. MURRAY. Madam President, I call up amendment No. 1559, as
provided for under the previous order.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Washington [Mrs. Murray] proposes an
amendment numbered 1559.
Mrs. MURRAY. Madam President, I ask unanimous consent that the
reading be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Mrs. MURRAY. Madam President, I have been in the Senate during 9/11,
for Hurricane Katrina, for the 2008 financial crisis, and I still have
never experienced anything like what we are seeing today. These are
truly extraordinary circumstances, and the stories I am hearing from my
constituents and from people across the country are crushing. Some of
the most heartbreaking stories are the ones about people who want to do
the right thing in this moment but are having to choose between staying
home, as public health experts say we must, and paying the rent or
putting food on the table.
I am hearing from workers like Cristal Westwood from Auburn, WA. She
and her husband just welcomed their first child on February 7 of this
year. They both have autoimmune diseases, but her husband's job is not
allowing him to work from home. And she says:
This is an extremely stressful situation for our family. We
have the option for my husband to take leave without pay for
the next month or so, but that would mean we wouldn't have
any income coming in to support our family. He could use up
all of his sick and vacation time, but that would mean he
doesn't have any left for the rest of the year in case
something happens. Both of those options don't seem right.
I agree. That is not right. A pastor in Tukwila, WA, shared similar
concerns
[[Page S1793]]
from a parent in their congregation with school-aged children who
worries:
What if they call off school? I don't have anyone to care
for the kids. Then, without a paycheck, we will get evicted.
As it is, we already run close to eviction every month.
Since that time, all of our schools in Washington State are closed.
And then there is Chris, who lives in Seattle, works in a grocery
store, and is at high risk for coronavirus. She writes:
It's an awful decision: Go to work and put your life at
risk, or lose your job, lose your income, and lose your
insurance. I haven't committed either way at this point. I'm
trying to find a way to stay home.
I am not just hearing from workers but from small business owners, as
well, across our State, people who own restaurants and shops. Everyone
from farmers to fishers who are used to the spring being a time when
the phones are ringing off the hook. Now no one is coming in the door.
No one is calling. They want to do the right thing for their workers,
but they don't have the cashflow to keep them on.
People are scared. They feel they have gotten the rug pulled out from
under them, and they need our help. Unfortunately, here is what the
Senator from Wisconsin wants to do. After the House overwhelmingly
passed a bipartisan agreement that includes an important step forward
to provide workers the paid sick leave they need in this crisis, his
amendment would undo that bipartisan work by stripping any paid sick
leave progress out of the bill we are voting on today.
Instead of helping people keep their jobs and their paychecks by
providing sick leave, Senator Johnson's amendment would force workers
to seek compensation through their State unemployment system, meaning
they would be on their own until they were compensated by the State,
and the unemployment system in each State would be drastically
overburdened at a time when workers are going to need it in the event
they are laid off.
Democrats are pushing for solutions through the unemployment
insurance to support families and workers in the months ahead, but
simply using this program now as a replacement for paid sick leave
workers is unacceptable, and it is shameful. We have to do better than
that.
At a time when families are facing impossible decisions, my fellow
Senators face a glaringly simple one. We need to be doing as much as we
can as fast as we can, and his amendment would set us backward at the
worst possible time.
That is why I am here on the floor to offer our amendment, based on
legislation I have worked on with Senator Gillibrand and Representative
DeLauro, introduced yesterday. Our legislation would simply provide
workers with 7 days of accrued paid sick leave, 2 weeks of paid
emergency days, and 12 weeks of paid emergency leave, and it would make
sure that their employers can be quickly and fully reimbursed by the
Treasury Department for providing that leave.
For those who may not be ready just yet to agree we need paid sick
days and paid leave going forward permanently, the amended version of
this bill that we are introducing today and asking for a vote on
shortly would only provide this support through December 2021.
My No. 1 priority right now is getting people the support they need
right now for this emergency that is at hand, and this is a commonsense
step. It is good for workers who need to stay home if they are sick or
to take care of their family without losing a job or their paycheck,
and it is good for small businesses that want to keep their workers and
communities safe and that are struggling to stay afloat during this
crisis.
It is the right thing to do for our economy, for our public health,
and we should get it done as soon as possible. If we don't do this, if
we let this opportunity slip by, we are sending a message to scared
people across the country that we are still not willing to acknowledge
the scope of the tragedy we are seeing unfold and not listening to the
stories like the ones I just shared, stories that I know my colleagues
have heard as well.
We must not and we cannot send that message. People need help; they
need hope; and they need to see that we are willing to do the right
thing and pass big solutions. So I hope all of our colleagues join us
in supporting our amendment. I want to see this passed and sent to the
President's desk as part of this response, and by the way, I am not
going to stop fighting until that happens.
I yield the floor.
The PRESIDING OFFICER. The Senator from New York is recognized
Mrs. GILLIBRAND. Madam President, across New York State and around
the country, schools are closing and businesses are shutting their
doors as we face this unprecedented crisis. This public health
emergency has exposed the weakness in our economy and in our system. We
are not doing nearly enough for workers, for their families, and those
who need to deal with medical and financial emergencies that this virus
has caused.
Congress has a duty to look out for families who are staring down
uncertainty, fear, and financial ruin. Our top priority must be
strengthening our public health system and ensuring that hard-working
Americans, who are facing this crisis due to no fault of their own, can
keep their jobs while taking care of themselves and their loved ones.
We must also ensure that businesses, many of which have been forced
to close their doors in the name of the public good, do not have to
cover these unexpected costs alone. The PAID Leave Act ensures that
every worker in America has full paid sick and family leave. It
strengthens their financial footing. It gives certainty and confidence
to businesses. Congress has a responsibility to pass this legislation.
It is not only a health imperative but a financial one too.
Unfortunately, our colleague, Senator Johnson--his amendment is
cynical and counterproductive. This amendment would eliminate paid sick
and family leave provisions in favor of providing coronavirus-infected
people with unemployment compensation. So what he is saying is you have
to actually lose your job if you need to stay home to care for a loved
one or because you are sick yourself, and that is just wrongheaded
because, the truth is, we want people to keep their jobs. We want
people to have their jobs be there when they get better or when their
family member gets better. We want them to have their jobs after they
recover themselves. This is why paid leave and sick leave is such a
better solution than just straight-up unemployment insurance.
Workers deserve protections so they don't lose their job just because
their kids' school closed, and they need to be home to look after them.
Wouldn't any employee in America today prefer to keep their job and
have paid sick leave rather than having to quit and take unemployment
insurance? Wouldn't every Member of this body and President Trump
himself want to keep unemployment numbers from exploding any further
than they are already?
While the unemployment system will continue to play a very important
role for those who have lost their jobs, it cannot be the only answer.
I thank Senator Murray for her leadership and her steadfast advocacy
for family and medical leave and paid sick days. This amendment is
crafted to provide extraordinary economic stimulus and support to our
businesses when they need it absolutely the most, and most of all, it
is giving certainty because people are afraid. They don't want to have
to spread coronavirus to every person they work with. They don't want
to have to leave their children unattended at home. They would love to
stay at work, but under the circumstances, they cannot.
Allow them to keep their jobs. Allow them to draw down on paid leave
while their child is at home for a week, a month, or 3 months. If they
themselves are sick, God forbid, make sure they are not in the
community spreading this virus, make sure they can be home getting
better and reemerging to do their work when they are well.
Democrats stand ready to work with Senate Republicans to pass this
important bill. We need to meet the needs of the American people today.
This is our duty in this grave time of need.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
Amendment No. 1558
Mr. JOHNSON. Madam President, I call up my amendment No. 1558 and ask
it be reported by number.
[[Page S1794]]
The PRESIDING OFFICER. Without objection, the clerk will report the
amendment by number.
The bill clerk read as follows:
The Senator from Wisconsin [Mr. Johnson] proposes an
amendment numbered 1558.
The amendment is as follows
(Purpose: To strike Federally mandated sick pay and paid family leave
and replace it with financial support provided through State
administered unemployment insurance systems and funds)
Strike divisions C, E, and G.
At the end of division D, add the following:
SEC. __. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is the intention of Congress and the administration
to provide immediate financial support to workers who will be
idled and lose pay and benefits because of COVID-19;
(2) Federally mandated sick pay and paid family leave will
prompt some employers who cannot afford this mandate to
preemptively terminate the employment of workers they no
longer have work for due to circumstances surrounding COVID-
19;
(3) even without that negative incentive, the COVID-19 will
cause many Americans to lose their jobs, and not be eligible
for Federally mandated sick pay or family and medical leave,
so the only income support will be unemployment insurance;
and
(4) it would be more efficient to administer this Federal
financial support for workers using only one, rather than two
or more programs.
SEC. __. TEMPORARY EMERGENCY FEDERAL CORONAVIRUS UNEMPLOYMENT
INSURANCE BENEFIT PROGRAM.
(a) In General.--In order to receive the credit against the
Federal Unemployment Tax Act (26 U.S.C. 23), States shall
provide temporary emergency Federal coronavirus unemployment
insurance benefits to any individual who has worked for pay
at any time in the last 30 days and who for any calendar day
is not able to engage in employment due to any of the
following reasons:
(1) The individual is subject to a Federal, State, or local
quarantine or isolation order related to COVID-19.
(2) The individual has been advised by a health care
provider to self-quarantine due to concerns related to COVID-
19.
(3) The individual is experiencing symptoms of COVID-19 and
seeking medical diagnosis;
(4) The individual is caring for an individual who is
subject to an order as described in paragraph (1) or has been
advised as described in paragraph (2);
(5) The individual is caring for a son or daughter under
the age of 18 years of such individual if the school or place
of care of the son or daughter has been closed, or the child
care provider of such son of daughter is unavailable, due to
COVID-19 precautions.
(6) The individual is subject to a temporary lay-off under
section 604.5(a)(3) of title 20, Code of Federal Regulations,
due to COVID-19.
(b) Waiting Period.--States shall not require any waiting
period in order to receive benefits for those individuals
described in subsection (a).
(c) Benefits.--
(1) In general.--States shall pay benefits to those
individuals described in subsection (a) on a weekly basis for
each calendar day an individual is not able to engage in
employment for up to 14 weeks.
(2) Calculation.--
(A) Amount.--The weekly benefit shall be the lesser of--
(i) two-thirds of the individual's average weekly earnings;
or
(ii) $1,000.
(B) Determinations.--The amount of an individual's average
weekly earnings shall be determined by the State.
(d) Retroactive Application.--States shall make temporary
emergency Federal coronavirus unemployment insurance benefits
under this section retroactively available to March 1, 2020.
(e) Work Requirements.--Individuals receiving temporary
emergency Federal coronavirus unemployment insurance benefits
under this section shall not be required to search for work.
(f) Federal Reimbursements.--The Federal government shall--
(1) reimburse States for the full cost of complying with
the requirements under this section that are above and beyond
the benefits currently provided under each State's current
unemployment insurance law for benefits paid under this
program; and
(2) reimburse any employer who employs fewer than 500
employees and who voluntarily provides paid leave to an
employee for the reasons described in subsection (a) an
amount equal to two-thirds of the actual payment made up to
$1,000 per week and not to exceed $10,000 per employee.
(g) National Unemployment Rate.--For purposes of
calculating the National unemployment rate, the Bureau of
Labor Statistics of the Department of Labor shall not include
workers obtaining temporary emergency Federal coronavirus
unemployment insurance benefits.
(h) Regulatory Authorities.--
(1) Labor.--The Secretary of Labor (or the Secretary's
delegate) shall prescribe such regulations or other guidance
as may be necessary to carry out the purposes of this
section.
(2) Treasury.--The Secretary of Treasury (or the
Secretary's delegate) shall prescribe such regulations or
other guidance as may be necessary to carry out the purpose
of this section.
(i) Sunset.--The temporary emergency Federal coronavirus
unemployment insurance benefit program under this section
shall expire on the earlier of the date of the termination of
the national emergency declared by the President under the
National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19) or
December 31, 2020.
Additional Cosponsors
Mr. JOHNSON. Madam President, I ask unanimous consent that Senator
Blackburn, Senator Cotton, Senator Cruz, Senator Loeffler, and Senator
Perdue be added as cosponsors to my amendment No. 1558 to H.R. 6201.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. JOHNSON. Madam President, I ask unanimous consent that I be
allowed and the Senator from Pennsylvania be allowed to finish our
comments before we start the vote.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. JOHNSON. Madam President, we are facing, with the coronavirus, an
unprecedented situation, certainly in my lifetime. These are
extraordinary times we are living in and trying to live through, and
there is no doubt that extraordinary times require extraordinary
measures.
The good news is that there is a lot of agreement in terms of what we
need to do. We all recognize that Americans and American businesses are
suffering, through no fault of their own, and they need help. We all
want to provide that help. Hopefully, we want to provide that
effectively and efficiently with as few negative, unintended
consequences as possible.
What I would suggest is, this is really no time, though, to follow
Rahm Emanuel's famous dictate that you should never let a crisis go to
waste. From my viewpoint, I think one of the reasons we have had a more
successful economy--certainly far more successful than the economy, the
slow recovery we had out of the 2009 recession--is that this
administration has focused on reducing the regulatory burden. First we
stopped adding to it, and then we actually reduced it. That brought a
fair amount of optimism and animate spirits to our economy because
businesspeople could actually concentrate on their products and their
services rather than looking over their shoulders to find out what new
government regulation was going to cause them to hire a new compliance
officer, increase their cost, and possibly put them out of business.
What I am suggesting is, when we provide that help--and we need to
provide that help to both hard-working American workers as well as
American businesses--that we do it in the most efficient and effective
manner, and we do more good than harm. Now, I would argue that a new
mandate on business is going to do a great deal of economic harm. It
may sound good, but it is not the right way to go.
We will eventually come out of this. We will be recovering from
economic woes. We need to learn the lesson from 2009, where
overregulation hampered our recovery. So let's not add a new mandate. I
know the House bill is only temporary, but temporary becomes permanent
around this place pretty good. As Ronald Reagan once said, the closest
thing to eternal life in our lifetime is a government program.
I will also say that my office has been flooded with businesses
calling in also not believing this is only going to be temporary and
not really having confidence in the Rube Goldberg financing mechanism
for this, again, temporary mandate for paid sick and family leave.
The good news is, there is a better way, and that is what my
amendment does. It creates a temporary emergency Federal unemployment
insurance program sitting on top of what already exists. Rather than
having two or three or more programs trying to provide that funding to
workers for whom we all want to provide that support, we would have
basically a single program, a single method for doing that using State
unemployment offices. They are already set up to do this. With some
slight modifications, they would be able to handle this, and here would
be the slight modifications.
[[Page S1795]]
First of all, our bill waives any waiting periods, but then, we also
reimburse the States for paying unemployment during that waiting
period. We have the exact same eligibility as the House bill. It is
focused on those individuals affected by the coronavirus, the exact
same definition. The benefits are identical as well. We would provide
support. We would plus-up the State unemployment benefits up to two-
thirds of employee's wages, not to exceed $1,000 a week.
We also recognize those companies that are willing to voluntarily
offer sick pay and paid family leave by reimbursing them up to that
same level--two-thirds of actual wages, up to $1,000 per week, no more
than $10,000 per employee. They are the exact same benefits as the
House bill. And, of course, we actually make ours temporary.
There will be a great deal of pressure on the part of State
unemployment programs to get out of this as soon as they possibly can.
But they can accept it, accept that Federal help, while they need it.
So our bill sunsets; the earliest would be either at the expiration
of the national declared emergency or on December 31, 2020.
This is a commonsense piece of legislation. It does not saddle small
businesses, American businesses, with a new mandate that they don't
have a great deal of confidence in. It would actually be funded 100
percent by the Federal Government. By the way, the House bill does not
fund this 100 percent. It leaves gaps. And it would definitely be
temporary in utilizing the existing programs in the States that are
sitting on top of it, providing Federal support for the workers who are
going to actually need it as we go through this unprecedented event in
our Nation's history.
With that, I yield the floor to the Senator from Pennsylvania.
The PRESIDING OFFICER (Mr. Perdue). The Senator from Pennsylvania.
Mr. TOOMEY. Mr. President, I thank the Senator from Wisconsin for
leading on this effort.
I rise in strong support of this amendment. The two of us--and I
suspect almost everybody in this Chamber--fully support the idea, the
goal, and the need to provide relief to workers who have been affected
by this pandemic. That is not what is in dispute here. There is a
legitimate and serious concern about the mechanism by which that is
provided.
The House bill imposes a very significant administrative burden on
the very small businesses struggling to survive. We are all taking
these phone calls from all across our States--men and women who are
operating a business. They are on the edge, and they are trying to
figure out: How do we stay alive? How do we keep this business alive
until we can come out on the other side? They are struggling with all
kinds of very, very tough decisions that they are having to make for
the first time ever in completely unchartered waters.
Then this legislation comes along and says: Now, by the way, you are
going to have to figure out and navigate your way through a whole new
system you have never heard of before, and you are going to have to go
through all the books and the rules and regulations and consult your
lawyer and figure out exactly how you comply with this complex, new
mechanism so that you comply with the law and get the reimbursement
that is intended. That is a huge problem for these folks who are
struggling to stay alive.
So what Senator Johnson's amendment does is this: It just shifts the
substantial administrative costs and burdens off the back of the
business owner and operator and allows it to be managed by the State
unemployment systems that are in the business of providing
compensation. We plus it up, and we waive the waiting periods so that
the individual workers who are adversely affected by this COVID-19
pandemic will still get the benefits that we all want them to get. It
is just a better way to deliver this.
So I hope my colleagues will vote in favor of it.
I yield the floor.
The PRESIDING OFFICER. The Senator from New York.
Mrs. GILLIBRAND. Mr. President, I strongly disagree with both of my
colleagues' statements because, in fact, there is no administrative
burden given to the small businesses.
In fact, our bill is doing exactly what the small businesses want,
which is to provide direct payments to the businesses--not a tax credit
that they get many months in the future but direct payments to them.
I don't think unemployment insurance given to the States is going to
result in immediate relief for the employees who need it. Again, you
are creating a false structure. Requiring people to quit their jobs so
they can care for a child who has been sent from school is absurd. It
is far better to have a national paid leave program in this country.
And unlike what my colleague said, it is not permanent; it is
temporary, and there is no administrative burden.
I yield the floor.
Vote on Amendment No. 1559
The PRESIDING OFFICER. All time has expired.
The question is on agreeing to the Murray amendment.
Mrs. MURRAY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Colorado (Mr. Gardner) and the Senator from Florida (Mr. Scott).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 47, nays 51, as follows:
[Rollcall Vote No. 74 Leg.]
YEAS--47
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Harris
Hassan
Heinrich
Hirono
Jones
Kaine
King
Klobuchar
Leahy
Manchin
Markey
Menendez
Merkley
Murphy
Murray
Peters
Reed
Rosen
Sanders
Schatz
Schumer
Shaheen
Sinema
Smith
Stabenow
Tester
Udall
Van Hollen
Warner
Warren
Whitehouse
Wyden
NAYS--51
Alexander
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Collins
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Enzi
Ernst
Fischer
Graham
Grassley
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Kennedy
Lankford
Lee
Loeffler
McConnell
McSally
Moran
Murkowski
Paul
Perdue
Portman
Risch
Roberts
Romney
Rounds
Rubio
Sasse
Scott (SC)
Shelby
Sullivan
Thune
Tillis
Toomey
Wicker
Young
NOT VOTING--2
Gardner
Scott (FL)
The PRESIDING OFFICER (Mr. Cotton). Under the previous order
requiring 60 votes for the adoption of this amendment, the amendment
was rejected.
The amendment (No. 1559) was rejected.
Vote on Amendment No. 1558
The PRESIDING OFFICER. The question occurs on agreeing to amendment
No. 1558.
Ms. DUCKWORTH. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The senior assistant legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Colorado (Mr. Gardner) and the Senator from Florida (Mr. Scott).
The PRESIDING OFFICER (Mr. Boozman). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 50, nays 48, as follows:
[Rollcall Vote No. 75 Leg.]
YEAS--50
Alexander
Barrasso
Blackburn
Blunt
Boozman
Braun
Burr
Capito
Cassidy
Cornyn
Cotton
Cramer
Crapo
Cruz
Daines
Enzi
Ernst
Fischer
Graham
Grassley
Hawley
Hoeven
Hyde-Smith
Inhofe
Johnson
Kennedy
Lankford
Lee
Loeffler
Manchin
[[Page S1796]]
McConnell
McSally
Moran
Paul
Perdue
Portman
Risch
Roberts
Rounds
Rubio
Sasse
Scott (SC)
Shelby
Sinema
Sullivan
Thune
Tillis
Toomey
Wicker
Young
NAYS--48
Baldwin
Bennet
Blumenthal
Booker
Brown
Cantwell
Cardin
Carper
Casey
Collins
Coons
Cortez Masto
Duckworth
Durbin
Feinstein
Gillibrand
Harris
Hassan
Heinrich
Hirono
Jones
Kaine
King
Klobuchar
Leahy
Markey
Menendez
Merkley
Murkowski
Murphy
Murray
Peters
Reed
Romney
Rosen
Sanders
Schatz
Schumer
Shaheen
Smith
Stabenow
Tester
Udall
Van Hollen
Warner
Warren
Whitehouse
Wyden
NOT VOTING--2
Gardner
Scott (FL)
The PRESIDING OFFICER. On this vote, the yeas are 50, and the nays
are 48. Under the previous order requiring 60 votes for adoption of
this amendment, the amendment is rejected.
The amendment (No. 1558) was rejected.
The PRESIDING OFFICER. The clerk will read the title of the bill for
the third time.
The bill was ordered to a third reading and was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
Mr. LEE. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Colorado (Mr. Gardner) and the Senator from Florida (Mr. Scott).
The PRESIDING OFFICER (Mrs. Blackburn). Are there any other Senators
in the Chamber desiring to vote?
The result was announced--yeas 90, nays 8, as follows:
[Rollcall Vote No. 76 Leg.]
YEAS--90
Alexander
Baldwin
Barrasso
Bennet
Blumenthal
Blunt
Booker
Boozman
Braun
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Cramer
Crapo
Cruz
Daines
Duckworth
Durbin
Enzi
Ernst
Feinstein
Fischer
Gillibrand
Graham
Grassley
Harris
Hassan
Hawley
Heinrich
Hirono
Hoeven
Hyde-Smith
Jones
Kaine
Kennedy
King
Klobuchar
Leahy
Loeffler
Manchin
Markey
McConnell
McSally
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Perdue
Peters
Portman
Reed
Risch
Roberts
Romney
Rosen
Rounds
Rubio
Sanders
Schatz
Schumer
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Thune
Tillis
Toomey
Udall
Van Hollen
Warner
Warren
Whitehouse
Wicker
Wyden
Young
NAYS--8
Blackburn
Inhofe
Johnson
Lankford
Lee
Paul
Sasse
Scott (SC)
NOT VOTING--2
Gardner
Scott (FL)
The bill (H.R. 6201) was passed.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table.
The majority leader.
Mr. McCONNELL. Madam President, we just passed the bill that came
over from the House, and it is on its way to the President. It is a
very important first step, which we are calling phase 2.
We continue to work on the next bill to respond to the crisis. I want
to repeat again that the Senate is going to stay in session until we
finish phase 3, the next bill, and send it over to the House.
Now, Republicans hope, shortly, to have a consolidated position along
with the administration. Then we intend to sit down with our Democratic
colleagues to see what we can agree to.
I would recommend that Senators stay around, close. Just how long it
will take to get through these steps is unclear, but as everyone knows,
we are moving rapidly because the situation demands it.
The PRESIDING OFFICER. The Senator from Oklahoma.
____________________