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Senate not expected to consider bill, with serious negotiations unlikely until after Memorial Day; House also passes rules change allowing proxy voting for members

On May 15, the House passed a fifth bill responding to the coronavirus pandemic, the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, by a vote of 208-199. The vote on the massive, $3 trillion bill (HR 6800) fell largely along party lines, with only one Republican supporting the bill (Peter King of New York) and 14 Democrats voting against, along with Libertarian Justin Amash of Michigan. Twenty-three members did not vote.

The Senate is not expected to take up the bill. Senate Republican leaders have said Congress should "pause" and assess the effects of previous response efforts before devising another bill related to the pandemic. Republicans concede that another bill will probably be necessary, though bipartisan legislation seems unlikely to emerge until after Memorial Day.

Broadly, the bill would provide for $875 billion in state and local funding; $100 billion in grants for hospital and health care providers; $75 billion for testing; housing and food assistance; limitations to CARES Act net operating loss (NOL) provisions and enhancements to the Employee Retention Tax Credit (ERTC), among other tax changes; broadband infrastructure provisions; pension relief; changes to the CARES Act's Paycheck Protection Program; and nonprofit and education provisions. Prior to the bill's passage, Washington Council Ernst & Young prepared a summary of the bill's provisions.

"The plan that we are voting on today will make a tremendous difference not only in the budgets of the states but in the lives of the American people: their public health, the education of our children, the sanitation so important to defeating the virus, with the support of so many essential workers," House Speaker Nancy Pelosi (D-CA) said In remarks on the House floor. "Setting aside how we got here, we must approach this tragedy with the deepest humanity. … All of our hearts are broken by the 87,000 Americans who have lost their lives, and the nearly 1.5 million who have been infected by the coronavirus. The number of 36 million or more Americans who have filed for unemployment insurance is almost unimaginable. … This is not a Christmas tree. There is nothing joyful about this."

On May 14 on Fox News, Senate Majority Leader McConnell called HR 6800 "a parade of absurdities that can hardly be taken seriously" and "a $3 trillion left-wing wish list" that Speaker Pelosi planned to "jam down the throats of her majority." But McConnell said he had spoken with President Trump and Cabinet officials, who agreed that another bill responding to the coronavirus pandemic is probably necessary.

Proxy voting rules pass

Before passing the HEROES Act, the House also passed a bill (H Res 965) changing House rules to allow for proxy voting by members. The vote was 217-189, with all Republicans voting against along with three Democrats (Rick Larsen, WA; Elaine Luria, VA; and Tom O'Halleran, AZ) and Rep. Amash. The new rules allow the Speaker to place the House into remote operations for 45 days if a public health emergency is declared. Under the changes, a House member can authorize another member who is present in the chamber to cast a vote on their behalf; one member could cast votes on behalf of no more than 10 other members at the same time. Democrats had tried to reach an agreement with Republicans on the issue, but were unable to negotiate a bipartisan approach. House Democrats have posted a summary of the rule changes made by H Res 965.

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