Healthcare, Economic Assistance, Liability, And Schools

Healthcare: Expanding Testing, More Funding For Vaccine Development, And Additional Resources For Hospitals And Providers

“Expanding COVID-19 Testing – $16 billion for testing, contact tracing, and surveillance in states. This new funding, when combined with approximately $9 billion that remains unallocated from the Paycheck Protection Program and Health Care Enhancement Act, would make $25 billion available for these purposes.” (Sen. Blunt, Press Release, 7/27/2020)

“Continuing Progress Toward Vaccine Development, Manufacturing, and Distribution –$26 billion for COVID-19 vaccine, therapeutic, and diagnostic development, manufacturing, and distribution.” (Sen. Blunt, Press Release, 7/27/2020)

“Conducting COVID-19 Research at the National Institutes of Health (NIH) – $15.5 billion for NIH to reopen laboratories and conduct COVID-19 research, including how the disease impacts those with underlying conditions, minorities, pregnant women, and children.” (Sen. Blunt, Press Release, 7/27/2020)

“Supporting Health Care Providers and Hospitals – The bill includes additional resources to ensure access to care, including $25 billion for hospitals and health care providers, bringing the total to $200 billion when combined with the previous COVID-19 bills; $7.6 billion for Community Health Centers; and $225 million for rural health clinics.” (Sen. Blunt, Press Release, 7/27/2020)

“Strengthens Federal Stockpile — Helps the federal government partner with companies to increase reserve amounts of medical products and supplies needed during a public health emergency, such as masks and ventilators.” (Sen. Alexander, Press Release, 7/27/2020)

“Improvements to the Medicare hospital accelerated and advance payments programs during the COVID–19 public health emergency -- This section delays the date on which hospitals and other providers must start to repay Medicare Accelerated and Advance payment loans until January 1, 2021, and provides additional time until these loans must be repaid in full prior to having to pay interest. This section provides continued relief to frontline health care providers, while also protecting the Medicare Trust Funds.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

SEN. ROY BLUNT (R-MO), Senate Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies Chairman: “On the health front, we have $16 billion new dollars which is a total of $25 billion for testing. Our priority to help with testing through the states is to put a priory--priority on elementary and secondary education, on higher education, on nursing homes, and childcare facilities…. Another $26 billion in our bill goes to further advance vaccines, therapeutics, particularly vaccines…. [H]ospitals and providers, another $25 billion for them with a real vigorous discussion with the Administration that they need to spend all the hospital provider money they currently have not spent, which is about $65 billion.” (Sen. Blunt, Press Conference, 7/27/2020)

Economic Assistance: A New Round Of Recovery Rebates For Individuals And Families, Extending Additional Unemployment Compensation, Additional Funding For Food Stamps, Protecting Seniors From Medicare Premium Spikes, And More Flexibility For States, Tribes, And Local Governments

“Additional 2020 recovery rebates for individuals and modifications to recovery rebates made under the CARES Act -- As under the CARES Act, all U.S. citizens and U.S. residents with adjusted gross income up to $75,000 ($150,000 married), who are not a dependent of another taxpayer and have a work eligible Social Security number, are eligible for a $1,200 ($2,400 married) rebate under this section. In addition, they are eligible for an additional $500 per dependent rebate. Unlike under the CARES Act where the additional $500 was limited to taxpayers with a dependent child under 17, the additional $500 will now be provided to taxpayers with dependents of any age. Even individuals who have no income, as well as those whose income comes entirely from non-taxable means-tested benefit programs, such as SSI benefits, are eligible for the full rebate amount. The amount of the rebate phases-out completely once the income of single filers exceed $99,000,the income of head of household filers with one child exceed $146,500,or the income of joint filers with no children exceed $198,000. For the vast majority of Americans, no action on their part will be required in order to receive a rebate payment, as the IRS will use a taxpayer’s 2019 tax return if filed, or their 2018 return as a secondary alternative.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

“Improvements to Federal Pandemic Unemployment Compensation to better match lost wages –   The Coronavirus Aid, Relief, and Economic Security Act (CARES) Act provides an additional payment of $600 per week to individuals receiving unemployment insurance (UI) benefits through July of 2020. This provision would continue supplemental payments of $200 per week for weeks of unemployment through September. Starting in October, this payment would be replaced with a payment (up to $500) that, when combined with the state UI payment, would replace 70 percent of lost wages—either via a formula specified in the bill or by a state proposing an alternative method and receiving approval from the Secretary.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

“Improvements to State unemployment insurance systems and strengthening program integrity –This section provides $2 billion to assist states in upgrading their state unemployment insurance systems to be better prepared to handle a surge in claims, adjust wage replacement levels, adjust earnings disregards, be able to vary benefits over time, as well as automate a number of processes which are currently done manually in many states.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

“TANF [Food Stamps] Coronavirus Emergency Fund -- This provision provides funding to states to support individuals with varied economic needs by reimbursing states for 80 percent of their increased costs of providing cash assistance and other short-term help through the TANF program, up to a cap of $2 billion.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

“Maintaining 2021 Medicare part B premium and deductible at 2020 levels consistent with actuarially fair rates -- This section protects Medicare beneficiaries from the expected spike in the Part B premium (and deductible) likely to result from economic conditions related to the COVID-19 public health emergency and Advance Payment program loans to providers made from the Supplemental Medical Insurance (SMI) Trust Fund.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

“Expansion of allowable use of Coronavirus Relief Fund payments by States and Tribal and Local Governments -- Longer Period Over Which Coronavirus Relief Fund (CRF) Resources Can Be Used to Cover Expenditures: This provision retains CARES Act provisions for allowable uses of relief payments to state, local, and other governments provided in Title V of the CARES Act, which allows use of relief funds to pay costs incurred by governments that are necessary expenditures incurred due to the public health emergency and were not accounted for in the governments’ most recently approved budgets as of March 27, 2020.Expands the end date for allowable necessary expenditures from December 30, 2020 to 90 days after the last day of a government’s fiscal year 2021. Expand Allowable Uses of CRF Funds to Covering Revenue Shortfalls: This provision expands allowable uses of relief payments to states and local and other governments to also include ‘revenue shortfalls,’ defined as shortfalls of revenue from taxes, fees, or other sources of funds for a state, local, or other government relative to fiscal year 2019 levels. The period over which covering revenue shortfalls incurred during a governments’ fiscal year 2020 and fiscal year 2021 is from March 1, 2020 to 90 days after the last day of a governments’ fiscal year 2021.” (“American Workers, Families, and Employers Assistance Act,” U.S. Senate Finance Committee, 7/27/2020)

SEN. CHUCK GRASSLEY (R-IA), Senate Finance Committee Chairman: “[W]e are going to continue the economic impact payments that were made in April and May. That means that the average family of four could--will get another payment of $3400…. We extend additional unemployment insurance and remember that is on top of whatever the different 50 states give … And we have learned a very tough lesson that when you pay people not to work what do you expect and so this payment will be adjusted so that we have additional payments to help people for approximately 70 to 75 percent of their income…. We are going to have further tax relief for businesses to encourage hiring and rehiring and we want to do that to encourage people to get back to work and help the employer in the process support people in the meantime … [and also] flexibility in how state and local governments can use federal relief funds including an ability to use funds to cover revenue shortfalls …” (Sen. Grassley, Press Conference, 7/28/2020)

Schools: Funding And Support To Safely Reopen Schools And Assistance For Child Care Providers

“Reopening Schools Safely – $105 billion for the Education Stabilization Fund, including $70 billion for elementary and secondary schools, with more funding going to schools that physically reopen so they can do so safely; $29 billion for institutions of higher education; and $5 billion in flexible funding for governors to use for early childhood education, elementary and secondary education, or higher education, based on state needs.” (Sen. Blunt, Press Release, 7/27/2020)

“Supporting Child Care and Family Services – More than $15 billion to help child care providers safely remain open or reopen and support family services, including $5 billion for the Child Care and Development Block Grant; $10 billion for Back to Work Childcare Grants; and $190 million for family violence prevention and child welfare programs.” (Sen. Blunt, Press Release, 7/27/2020)

“Protects K-12 Students — Provides scholarships to students to have the opportunity to return to the private school they attended before the pandemic, and gives other students a new opportunity to attend private school.” (Sen. Alexander, Press Release, 7/27/2020)

“Supports and Expands Access to Child Care — Provides critical support to child care providers so they can continue to serve working parents and provide safe environments for the two-thirds of children in the U.S. under age 6 who have parents in the workforce.” (Sen. Alexander, Press Release, 7/27/2020)

“Protects Student Loan Borrowers — Zero income-Zero Payment: Allows 43 million student loan borrowers to have a $0 monthly payment if they have no income; and when a borrower does begin earning income, their monthly payment will never be more than 10 percent of their income after deducting for the necessities of life, such as the cost of housing and food.” (Sen. Alexander, Press Release, 7/27/2020)

SEN. LAMAR ALEXANDER (R-TN), Senate Health, Education, Labor, and Pensions Committee Chairman: “I’ve worked with Senator Blunt to help the country’s 135,000 schools and 6,000 colleges have the money they need to open with as many students physically present as is consistent with safety. The [legislation] proposes making $70 billion available for schools, another $30 billion for colleges. That means roughly $1,200 per student for public and private schools across the country. One-third of the money would be distributed automatically to all 135,000 schools…. Two-thirds of the money would go to schools that are opening with students physically present to help pay for the extra costs providing that instruction in a safe environment.” (Sen. Alexander, Floor Remarks, 7/27/2020)

Liability Protection: Safeguarding Schools, Hospitals, And Businesses From A Second Epidemic Of Frivolous Lawsuits

“Temporarily limits liability for personal injuries arising from alleged COVID-19 exposure at a school, college, nonprofit, church, or business.” (Sen. Cornyn, Press Release, 7/27/2020)

“Creates detailed procedural requirements to prevent frivolous litigation in federal court, including requiring notice of suit, limiting punitive damages to findings of willfulness, and fee arrangement disclosures for class actions.” (Sen. Cornyn, Press Release, 7/27/2020)

“Health care providers, including hospitals, doctors and nurses as well as nursing homes and other care facilities, would be protected from liability claims arising out of the provision of care for coronavirus or services provided as a result of coronavirus.” (Sen. Cornyn, Press Release, 7/27/2020)

“Sets a willful misconduct or gross negligence standard for coronavirus-related medical malpractice suits, including diagnosis and treatment for coronavirus, as well as medical care directly affected by the coronavirus.” (Sen. Cornyn, Press Release, 7/27/2020)

“Provides liability protections for new pandemic prevention and mitigation tools like ventilators and personal protective equipment (PPE) if they meet certain FDA requirements.” (Sen. Cornyn, Press Release, 7/27/2020)

“Ensures employers are not liable under federal labor and employment laws for complying with coronavirus-related guidance, including stay-at-home orders.” (Sen. Cornyn, Press Release, 7/27/2020)

“Protects employers from liability for injuries arising from workplace coronavirus testing.” (Sen. Cornyn, Press Release, 7/27/2020)

“Clarifies that a business providing training, PPE, or other assistance to an independent contractor or a franchisee’s employee does not convert the independent contractor or franchisee’s employee into the employee of the person providing the training, PPE, or other assistance.” (Sen. Cornyn, Press Release, 7/27/2020)

SEN. JOHN CORNYN (R-TX): “[A]s we continue to work on supporting our country's recovery from the COVID-19 crisis, one critical piece of the… legislation is liability reform. Across the country we are seeing lawsuits rolling in, targeting the very healthcare workers who are on the frontlines performing essential work for patients suffering from the COVID-19 virus. We are seeing lawsuits focusing on nursing homes, universities, nonprofit businesses--you name it. Without action from Congress, the litigation epidemic will potentially sink the very businesses and enterprises that we hoped we could sustain through this crisis. … To be clear, this is not a blanket liability shield. It will not prevent bad actors from facing the consequences of their actions when they are intentional or reckless. It will not ban coronavirus lawsuits, and it will not give anyone a ‘get out of jail free’ card. What it will do, though, is put safeguards in place that will prevent opportunistic lawsuits from harming the workers and institutions we are depending on to see us through this crisis.” (Sen. Cornyn, Congressional Record, S4495, 7/27/2020)

Economic Assistance For Small Businesses: A Second Round Of Paycheck Protection Program Loans, More Flexibility On Using PPP Funding, And A Boost For Hard-Hit Restaurants

“PPP Second Draw Loans: Provide funds to allow the hardest-hit small employers – those that have seen their revenues decline by 50 percent or more in the first or second quarter this year compared to the same quarter last year – to receive a second PPP loan. The bill would limit these second forgivable loans to entities with 300 or fewer employees and create an additional set aside of funds for businesses with 10 or fewer employees to ensure equitable access to forgivable loans. The bill includes a $10 billion set aside for community lenders to access second draw funds.” (Sen. Rubio, Press Release, 7/27/2020)

“PPP Programmatic Improvements: Allow businesses to utilize forgivable PPP funds for personal protective equipment for workers, adaptive investments needed for businesses to operate safely amid the COVID-19 pandemic, and additional expenses. It would also simplify the forgiveness application and documentation requirements for smaller loans under $150,000. Additionally, it would further expand eligibility to certain 501(c)(6) organizations with 300 employees or fewer as well as favorable loan calculations for farmers and ranchers.” (Sen. Rubio, Press Release, 7/27/2020)

“Long-term Recovery Sector Loans: Create a guaranteed long-term, low-interest working capital product by improving the terms of 7(a) loans for seasonal businesses and businesses located in low-income communities. The loans would equal 2x the borrowers’ annual revenues, up to $10 million, with a maturity of up to 20 years at an interest rate that is fixed at one percent to the borrower. The bill would allow businesses with 500 employees or fewer and have seen their revenues decline by 50 percent or more in the first or second quarter this year compared to the same quarter last year.” (Sen. Rubio, Press Release, 7/27/2020)

“Small Business Growth and Domestic Production Investment Facility: Provides for the provision of $10 billion in long-term debt with equity features to registered SBA Small Business Investment Companies (SBICs) that invest in small businesses with significant revenue losses from COVID-19, manufacturing startups in the domestic supply chain, and in low-income communities. Establishes return participation for the SBA in order to recoup the one-time cost of the investment.” (Sen. Rubio, Press Release, 7/27/2020)

“The Health, Economic Assistance, Liability protection, and Schools (HEALS) Act will include [Sen. Tim] Scott’s Supporting America’s Restaurant Workers Act, which provides a 100% deduction for business meals through the end of 2020. Currently, the deduction is available for only 50% of such expenses.” (Sen. Tim Scott, Press Release, 7/27/2020)

SEN. MARCO RUBIO (R-FL), Senate Small Business and Entrepreneurship Committee Chairman: “The goal, when we did it the first time, was to not only allow small businesses to survive what was then uncertain as to how long it would take but also to keep their workers attached to employment. We know how devastating it is to a family and to an individual when they get disconnected from employment, and, by and large, we believe the program has been incredibly successful. But it has room for improvement, and we have learned from those things along the way with some of the different changes that were made in providing more flexibility and the like. This new program comes at a timely moment because we are now beginning to see that as the PPP funds are being exhausted, some companies are having to face, once again, the potential of having to lay off some of their workers. That is why it is time for a second round of PPP assistance.” (Sen. Rubio, Congressional Record, S4496 7/27/2020)

SEN. SUSAN COLLINS (R-ME): “The Paycheck Protection Program has been a lifeline to more than 5 million small businesses and their employees nationwide. In the state of Maine, nearly three-quarters of all small businesses have received these forgivable loans that have sustained the jobs of 240,000 Mainers and brought more than $2.2 billion to the state of Maine. We are today proposing a second round of PPP loans for the hardest hit small businesses. … So what we are proposing is that hard hit small businesses--those with revenue losses of 50 percent or more compared to last year--would be able to receive a second PPP loan to sustain their employees and to help cover certain overhead expenses.” (Sen. Collins, Press Conference, 7/27/2020)

SEN. TIM SCOTT (R-SC): “In the month of April about one out of every four Americans who lost their jobs worked in the restaurant business. One of the provisions in the Finance Committee on the tax side of this is to increase the deduction for meals--business meals--from 50 percent to 100 percent. That will encourage more folks to spend more money in restaurants, whether that's takeout, eat in in the limited space in some states. This will provide millions of dollars that will increase the number of hours worked by the waitstaff and the number of hours worked by those folks working in the kitchen. If we're looking for a way to help the hardest hit individuals in this nation, one of the best sectors to focus on is the restaurant sector. And this is what the provisions that I'm talking will assist.” (Sen. Tim Scott, Press Conference, 7/27/2020)

Securing Supply Chains For Crucial Medical Equipment, Minerals, And Semiconductors And Protecting American Research And Development

“The Graham legislation, Restoring Critical Supply Chains and Intellectual Property Act, includes: Personal Protective Equipment (PPE), such as clothing, sanitizing supplies, ancillary medical supplies (wipes, bedding, test swabs, etc.) and other textile equipment must be grown, reprocessed, reused, or produced in the United States. The Department of Health and Human Services (HHS) will immediately begin increasing procurements of domestic PPE for the Strategic National Stockpile incrementally and reach 100 percent domestic sourcing as soon as practicable within five years. HHS also must submit a plan to Congress within 90 days detailing how they will reach 50 percent domestic sourcing in one year, 75 percent in 18 months, and 100 percent in two years. Establishes a $7.5 billion medical manufacturing project tax credit to buildout and retrofit factories to meet increased PPE demand.” (Sen. Graham, Press Release, 7/27/2020)

“U.S. Senators Rob Portman (R-OH) and Marco Rubio (R-FL) announced that the HEALS package of legislation includes the Safeguarding American Innovation Act, bipartisan legislation to help stop foreign governments from stealing American taxpayer-funded research and intellectual property developed at U.S. colleges and universities.” (Sen. Portman, Press Release, 7/28/2020)

• “This bipartisan legislation will protect American research and IP from global competitors by: Punishing individuals who intentionally fail to disclose foreign support on federal grant applications, with penalties ranging from fines and imprisonment for not more than five years or both and a five-year prohibition on receiving a federal grant; Strengthening the Student and Exchange Visitor Program by requiring State Department exchange program sponsors to have safeguards against unauthorized access to sensitive technologies and report to State if an exchange visitor will have access to sensitive technologies; Strengthening the State Department’s authority to deny visas to certain foreign nationals seeking access to sensitive technologies when it is contrary to U.S. national security and economic security interests of the United States; Mandating a standardized U.S. government grant process by authorizing the Office of Management and Budget to work with federal grant-making agencies to standardize the grant application process; share information about grantees; and create a U.S. government-wide database of federal grantees; and Lowering the reporting threshold for U.S. schools and universities receiving foreign gifts from $250,000 to $50,000 and giving the Department of Education authority to punish schools that fail to properly report.” (Sen. Portman, Press Release, 7/28/2020)

“U.S. Senator Lisa Murkowski, R-Alaska, today announced that her bipartisan American Mineral Security Act is included in new legislation to help the U.S. recover from the COVID-19 pandemic. Murkowski’s bill, which focuses on rebuilding domestic supply chains, addresses systemic weaknesses exposed by the pandemic and is critical to the future of U.S. manufacturing and competitiveness…. The American Mineral Security Act would identify critical minerals, ensure timely surveying of domestic deposits, cut down on unnecessary permitting delays for projects to produce them, promote workforce development, and invest in research and development to increase recycling and the development of alternatives. It is incorporated into Senator Lindsey Graham’s (R-SC) Restoring Critical Supply Chains and Intellectual Property Act, which is in turn part of Majority Leader Mitch McConnell’s (R-KY) Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act.” (U.S. Senate Energy & Natural Resources Committee, Press Release, 7/27/2020)

“CHIPS for America Act -- Directs the Secretary of Commerce to create a grant program for the purpose of constructing, expanding, or modernizing commercial semiconductor fabrication, assembly, testing, packaging, and advanced research and development facilities in the U.S…. Requires the Secretary of Commerce to commence a review within 120 days assessing the state of the U.S. semiconductor industrial base. Directs the Secretary of Defense to work with the private sector to develop secure microelectronics for use in the national security. Establishes a multilateral fund for the U.S. and its allies to develop consistency and transparency on semiconductor supply chain and export control policies. Directs the president to establish a subcommittee on semiconductor technology and innovation within the National Science and Technology Council. Directs the Commerce Department to establish a national semiconductor technology center to conduct research, fund startups and a Manufacturing USA Institute, create a national advanced packaging manufacturing program, and develop workforce training programs. Ensures none of the funds authorized in this section would go to companies controlled, owned, or influenced by China or other foreign adversary.” (“Update on the Coronavirus Response: HEALS Act,” Senate Republican Policy Committee, 7/28/2020)

SEN. LINDSEY GRAHAM (R-SC), Senate Judiciary Committee Chairman: “Ninety percent of the protective equipment that our doctors and nurses and healthcare professionals need to keep us safe and keep their families safe is made in China. … There's a big step forward in this bill. We have a seven and a half-billion-dollar tax credit to incentivize PPE material to be made in the United States: gloves, masks, gowns, sanitizers, bedding. A seven-and-a-half-billion-dollar tax credit... We think that'll have a big effect on bringing the supply chain back.” (Sen. Graham, Press Conference, 7/27/2020)

SEN. ROB PORTMAN (R-OH): “HEALS will provide billions of taxpayer dollars for vaccine, therapeutic, and other COVID-19 related research. We know China and other foreign actors are actively trying to steal this research. That’s why it’s important that the Safeguarding American Innovation Act has been included in the HEALS package. We need to ensure that research is protected and that we safeguard the massive investment being made by the American taxpayer. And that’s exactly what this legislation will do. The Safeguarding American Innovation Act takes decisive action to safeguard American innovation, hold foreign adversaries like China accountable for their continued actions, and ensure our world-class research enterprise is protected here in America.” (Sen. Portman, Press Release, 7/28/2020)

SEN. LISA MURKOWSKI (R-AK), Senate Energy & Natural Resources Committee Chair: “The COVID-19 pandemic has brought renewed attention to the fact that our nation is heavily dependent on imports for a wide array of goods and technologies that are essential to our health, economy, and security. We need to reverse our damaging dependence on China and other nations and rebuild domestic supply chains for everything from personal protective equipment to clean energy technologies.” (U.S. Senate Energy & Natural Resources Committee, Press Release, 7/27/2020)