[co-author: Taylor Daly, Public Policy Specialist]

President Trump Signs $2 Trillion Phase 3 Deal

Today, President Trump signed a $2 trillion Phase 3 economic stimulus package in response to the Coronavirus pandemic, the Coronavirus Aid, Relief and Economic Security (CARES) Act, which passed the House of Representatives by voice vote today, despite efforts from Rep. Thomas Massie (R-KY) to stall progress on the bill until a recorded vote could be taken.

The CARES Act first passed the Senate by a vote of 96-0 late Wednesday night, despite a last-minute issue that arose among Republicans regarding unemployment insurance. On Wednesday night, House Majority Leader Steny Hoyer (D-MD) sent out a notice to members of Congress that the House of Representatives would convene at 9:00 a.m. on Friday, March 27 to consider the bill. In the notice, he indicated that due to the limited flight options, members participating in self-quarantine and several states mandating stay-at-home orders, the body intends to pass the Phase 3 package by a voice vote.

This plan hit a snag when Rep. Massie indicated on Thursday that he may object to a voice vote in the House due to lack of a quorum. Shortly thereafter, House Leaders sent notice to members encouraging any that were able to get to Washington to do so in order to ensure that a quorum of 216 members would be present for the voice vote. In accordance with House procedure, when a vote is taken by voice, a quorum is presumed to be present. If no member rises to object to the absence of a quorum, the question can be decided, even though the members present on the floor may not constitute a quorum. In the event that a roll call vote is requested, the House votes if there are more than 216 members present. If there are less than 216 members present, the House reconvenes for a later time.

Led by President Trump, both Republicans and Democrats lined up in unison to oppose the congressman’s efforts to derail progress on the package. The House started debate at 9:00 a.m. on Friday, with up to three hours of debate scheduled. As anticipated, Rep. Massie raised a point of order that a quorum was not present and requested a recorded vote. Meanwhile, members assembled on the floor of the House and throughout the gallery to constitute a quorum. A quorum being present, House Leadership denied the congressman a sufficient second to his motion for a recorded vote, paving the way for the measure’s passage by voice vote. Shortly after, the bill was signed by President Trump on Friday afternoon.

As public officials at all levels of government continue to escalate their responses to the pandemic, the latest actions and developments may be found below. Akin Gump will continue to provide regular policy developments related to COVID-19.

COVID-19 U.S. State and Local Response Map

As businesses continue to navigate the rapidly changing COVID-19 landscape, Akin Gump has launched a new tool to provide detailed information on specific stay at home and business closure orders at the state, county and municipal level. This new tool is accessible here.

White House Coronavirus Task Force Briefing Highlights

• President Trump invoked the Defense Production Act (DPA) this afternoon to require General Motors Company to accept, perform, and prioritize contracts or orders for ventilators.
• The President also signed an executive order today investing the Department of Health and Human Services (HHS) and the Department of Homeland Security (DHS) with the full authorities available under the DPA to respond to the COVID-19 outbreak. The order also establishes Peter Navarro as the national DPA policy coordinator for the federal government.
• The Administration is working to sign contracts immediately with major ventilator companies such as GE Healthcare, Philips, Medtronic, Hamilton, ZOLL, ResMed, Hill-Rom, and Vyaire. The FDA will be reducing and waiving unnecessary regulations in order to increase the availability of ventilators.
• Boeing will be producing and donating face shields to help medical professionals on the front lines. They are also offering the use of their “Dreamlifter” cargo plane, and they will dedicate up to three planes to the mission of flying medical supplies.
• President Trump signed an executive order today giving the Department of Defense (DOD) and DHS the authority to activate the Ready Reserve components of the Armed Forces.
• The President signed the Coronavirus Aid, Relief and Economic Security (CARES) Act, into law today, which he noted provides job retention loans for small businesses and expands unemployment benefits for workers. He also noted that the measure will provide a massive increase in funding for hospitals, the Disaster Relief Fund (DRF), and critical medical supplies.
• Apple launched a new tool this afternoon to allow individuals download a free application in order to receive recommendations from HHS on whether to get tested based upon their symptoms and risk factors.
• Education Secretary DeVos indicated that the Department of Education would ask Congress to provide microgrants for the most disadvantaged students, as well as for teachers to support students in a new learning environment.
• Panera announced a partnership with the Department of Agriculture (USDA) and the Children’s Hunger Alliance to serve freshly prepared meals to children in Ohio, and the company hopes to eventually expand this program to other states.

Relevant Links

• Phase 3: Final CARES Act Text
• Phase 3: Final CARES Act Section-By-Section Summary
• President Donald J. Trump Is Providing Economic Relief to American Workers, Families, and Businesses Impacted by the Coronavirus
• Presidential Memorandum on Order Under the Defense Production Act Regarding General Motors Company
• G20 Statement on Coronavirus
• Statement from FTC Chairman Joe Simons Regarding Consumer Protection During COVID-19 Pandemic
• CMS 2019-Novel Coronavirus (COVID-19) Medicare Provider Enrollment Relief Frequently Asked Questions (FAQs)
• CMS Frequently Asked Questions (FAQs) on Enforcing Open Payments Deadlines
• Coronavirus Aid, Relief, and Economic Security Act Question and Answers HOSPITALS AND HEALTH SYSTEM
• States: The Wall Street Journal Guide to State Lockdowns
• States: National Governors Association (NGA) Overview of State Actions
• States: Stateside Associates: New Executive, Legislative And Regulatory Actions Issued By State/Local Governments

Akin Gump Alerts and Other Resources

• Akin Gump COVID-19 Resource Center
• Emergency Powers and Constitutional Limits
• Public Law and Policy: Tribal Nations Receive Governmental Resources in CARES Act
• Public Law and Policy: CARES Act Summary – Employees, Unemployment Insurance, and Assistance to State and Local Governments
• Public Law and Policy: CARES Act Summary – Health Care
• Public Law and Policy: CARES Act Summary – Small Business
• Public Law and Policy: CARES Act Summary – Tax
• Public Law and Policy: CARES Act Summary – Title IV—Economic Stabilization and Assistance to Severely Distressed Sectors of the U.S. Economy
• Public Law and Policy: CARES Act Summary – Transportation
• Public Law and Policy: The Health Care Industry and the CARES Act: Insight and Next Steps
• Labor and Employment: What Shelter-in-Place, Shut-down and Closure Orders Mean for U.S. Businesses
• Tax: Deadline to File 2019 Federal Income Tax Filing Extended from April 15, 2020, to July 15, 2020
• Corporate Governance: Government Enforcers Focus on Actions Related to Coronavirus
• Corporate Governance: Opportunity in the Downturn: Repurchasing Debt in Wake of COVID-19 and the Collapse of Oil Prices
• International Trade: The EU Locks Down Strategic Assets to Prevent Undervalued Foreign Takeovers During the Pandemic

Tweets

U.S. Food and Drug Administration (FDA) Commissioner Stephen Hahn

• Tweet thread at 8:39 AM, March 27, 2020 (Link)
  • “We issued guidance on a temporary policy to give restaurants and food manufacturers flexibility regarding nutrition labeling so that they can sell certain packaged foods during the COVID19 pandemic. (Press Release)”
  • “We issued guidance for a policy to help expand the availability of general use face masks for the general public & particulate filtering facepiece respirators (including N95 respirators) for health care professionals during the COVID19 pandemic. (Press Release)”
• Tweet thread at 3:23 PM, March 27, 2020 (Link)
  • “FDA took action to help increase the U.S. supply of ventilators and respirators as part of our commitment to ease burdens on the health care system during the COVID19 public health emergency. (Press Release)”
  • “We issued an emergency use authorization (EUA) to allow for the use of authorized ventilators, ventilator tubing connectors & ventilator accessories in health care settings, helping increase the ventilator supply so very ill COVID19 patients have access to lifesaving devices.”
  • “We also issued an EUA for authorized imported non-National Institute for Occupational Safety and Health (NIOSH) approved respirators for use in health care settings by health care personnel to prevent exposure to airborne COVID19 particles per CDC recommendations.”
  • “We’re collaborating with the Department of Veterans Affairs, National Institute of Allergy and Infectious Diseases, and the National Additive Manufacturing Innovation Institute to facilitate 3D printing of crucial medical devices for veterans & civilians during the COVID19 pandemic. Those looking to use this technology can refer to our FAQs on 3D printing.”

The Federal Reserve

• Tweet at 12:00 PM, March 27, 2020 (Link)
  • “The Federal Reserve, Federal Deposit Insurance Corporation, and Office of the Comptroller of the Currency announce two actions to support lending to households and businesses: (Press Release)”

Federal Deposit Insurance Corporation (FDIC)

• Tweet at 7:20 PM, March 26, 2020 (Link)
  • “The FDIC, in coordination with the other federal banking agencies, announced a 30-day grace period for filing first quarter call reports for banks that may need additional time due to staffing priorities or disruptions as a result of COVID-19. (Press Release)”

Centers for Medicare and Medicaid Services (CMS) Administrator Seema Verma

• Tweet at 5:11 PM, March 26, 2020 (Link)
  • “CMS approved 6 state Medicaid COVID19 1135 waivers today, bringing the total to 29. The most recent states are: New York, Colorado, Hawaii, Idaho, Massachusetts, Maryland. Learn more here.”
• Tweet thread at 1:30 PM, March 27, 2020 (Link)
  • “Made possible by POTUS’s national emergency declaration, CMS has approved its 34^th state Medicaid waiver request, providing state partners with maximum flexibility needed during the COVID19 pandemic. (Press Release)”
  • “While other types of Medicaid waivers can require months of negotiation, these 34 1135 COVID19 waivers were approved within days of the states’ submission of requests, & w/ an average approval time of <6 days.”