Tracking COVID-19 Response Legislation

The Family Equality policy team is tracking the Federal Government's response to the COVID-19 pandemic. Keep reading to see our COVID-19 policy priorities, review our analysis of existing COVID-19 response legislation, and contact your Members of Congress.

Congress must act NOW to protect families from COVID-19

Take Action

Contact your Senators today and demand they pass the House HEROES Act as soon as possible, including prohibiting anti-LGBTQ discrimination in COVID-19 response services.

Existing COVID-19 Response Bills

  • CV-1 — the $8.3 billion Coronavirus Preparedness and Response Supplemental Appropriations Act (enacted March 6, 2020)
  • CV-2 — the $100+ billion Families First Coronavirus Response Act (enacted March 18, 2020)
  • CV-3 — the $2 trillion CARES act (enacted March 27, 2020)
  • CV-3.5 — the $480 billion Paycheck Protection Program and Health Care Enhancement Act (enacted April 24, 2020)
  • CV-4 — the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions Act, or HEROES Act (passed by the US House May 15, 2020, not yet enacted into law)

COVID-19 Legislative Priorities

Our top priority is ensuring that congressional response legislation and services supports all people and families, ensuring that no one has to choose between economic security and protecting public health.

What current legislation (CV-1 – CV-3.5) provides:

Partial coverage, with explicit inclusion of some benefits for same-sex partners (in CV-2). A major failing in legislation to date is that undocumented immigrant workers and their families are excluded from many benefits, however.

Included in House CV-4 legislation:

Due to your advocacy, the House of Representatives included nondiscrimation protections for LGBTQ people, immigrants, people with disabilities, racial minorities, religious minorities, and women in CV-4.

What we need from future legislation:

The Senate must pass CV-4 (the HEROES Act), already passed by the House, including the House bill’s explicit language barring discrimination in COVID-19 services and benefits based on sexual orientation, gender identity, age, disability, sex, race, color, national origin, immigration status, or religion.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage, with supports for paid sick leave for employers with under 500 employees. CV-3 does not provide adequate paid leave expansions, so it needs to be a priority in future legislation.

Included in House CV-4 legislation:

CV-4 has strong paid leave provisions, eliminating exemptions for certain employer groups such as those employing more than 500 or under 50 workers; expanding the reasons and ability of workers to receive paid leave, such as covering care for an adult disabled family member; increasing paid leave benefits including requiring paid leave wage replacement exceed the minimum wage, and providing fiscal help to state and local governments to cover paid leave.

What we need from future legislation:

CV-4 has strong paid leave provisions and must be passed by the Senate.
What current legislation (CV-1 – CV-3.5) provides:

CV-3 includes a provision that allows waivers of federal legislation. Most are related to assessments, accountability and reporting, but it also includes a concerning provision asking Secretary of Education Betsy DeVos to report to Congress regarding provisions of the Individuals with Disabilities in Education Act (IDEA), Section 504, and the ESEA (Elementary and Secondary Education Act) that she believes could be waived. Read our blog post for more information.

What we need from future legislation:

CV-4 has strong education provisions, providing billions in education funding that states and localities can use for special education, and must be passed by the Senate. Future legislation must also ensure that children with disabilities receive needed services while sheltering at home and remediation when they return to school.
What current legislation (CV-1 – CV-3.5) provides:

Current legislation provides $750 million to Head Start, including up to $500 million for supplemental and summer programs, and $3.5 billion for childcare development block grants for childcare assistance to healthcare employees, emergency responders, sanitation workers, and other workers deemed essential during the response to COVID-19.

Included in House CV-4 legislation:

$7 billion in Child Care and Development Block Grants.

What we need from future legislation:

CV-4 has strong childcare provisions and must be passed by the Senate.
What current legislation (CV-1 – CV-3.5) provides:

Current legislation:
(1) Extends federal support for unemployment from three months to four.
(2) Creates a brand new Pandemic Unemployment Assistance Program (PUA), which offers people who don’t otherwise qualify for unemployment (including gig workers, the self-employed, contractors, and more; and including people diagnosed with COVID-19, breadwinners in households where the head of the household has died of COVID-19, people whose places of employment have closed, and more) a maximum of 39 months of benefits through the end of 2020.
(3) Creates a PUC program that provides anyone getting state UI and PUA with an extra $600/week from the date the bill is signed through to July 31, 2020.
(4) Provides funding to help states administer and promote work-sharing, so that (for example) instead of laying off 20% of staff, each person may work 20% less each week.
(5) Provides flexibility in meeting Unemployment Insurance work search requirements in the case of people unable to search for work because of illness, quarantine, or movement restriction associated with COVID-19.

Included in House CV-4 legislation:

CV-4 extends unemployment benefits, ensuring weekly $600 federal unemployment payments through next January, and provides $925 million to assist States in processing unemployment insurance claims.

What we need from future legislation:

CV-4 has strong unemployment compensation provisions and must be passed by the Senate. New unemployment assistance programs still do not include benefits for all immigrant workers, and that must be fixed in future legislation. Work-sharing for all states.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage, with current legislation including a $150 billion “Marshall Plan for our Health System” that provides personal and protective equipment to healthcare workers, testing supplies, increased Medicare payments, and medical research into COVID-19.

CV 3.5 allocates $75 billion to hospitals, community health centers, and rural health clinics, and another $25 billion to the “Public Health and Social Services Emergency Fund” for, amongst other things, research, development, and production of COVID-19 tests, and the creation of a nationwide testing program.

$1 billion is allocated to covering the costs of testing – not the cost of treatment – for the uninsured.

CV 3.5 also requires a mandatory report on COVID-19 testing to include data on demographic characteristics including race, ethnicity, age, sex, geographic region and other relevant factors.

Included in House CV-4 legislation:

Critically, CV-4 provides $1 trillion to state and local governments and first responders $20 billion for tribes on the front lines fighting the pandemic.

CV-4 provides for comprehensive testing, testing, testing so Americans will be much more likely to be able to return to work without endangering our and our families’ health. It provides another $75 billion for coronavirus testing, contact tracing and isolation measures, ensuring every American can access free coronavirus treatment, and supporting hospitals and providers. It provides $200 million to prevent, prepare for, and respond to coronavirus in Federal prisons, and $600 million for state local, and county jails, including funding for medical testing and services, personal protective equipment, hygiene supplies and services, and sanitation services.

CV-4 Preserves health coverage, by protecting Americans losing their employer-provided health insurance with COBRA subsidies to maintain their coverage and creating a special enrollment period in the ACA exchanges for uninsured Americans.

CV-4 provides $3 billion for mental health and substance abuse services. It requires the national suicide hotline to provide culturally competent services to LGBTQ youth contemplating suicide.

What we need from future legislation:

CV-4 has strong healthcare and testing provisions and must be passed by the Senate. We need legislation to provide health care coverage to all Americans, including full coverage for those losing their employer-based insurance during the pandemic, and particularly for those infected by the virus. Also, the Trump administration must invoke the Defense Production Act so that testing materials and other needed medical and personal protective equipment can be immediately produced.
What current legislation (CV-1 – CV-3.5) provides:

Current legislation provides $30.75 billion for grants to provide emergency support to local school systems and higher education institutions to continue to provide educational services to their students and support the ongoing functionality of school districts and institutions.

Included in House CV-4 legislation:

CV-4 provides strong educational benefits, including $100 billion in education funding for states, school districts and higher education; canceling $10,000 of student debt for all student loan borrowers and extending student loan forgiveness. It provides $90 billion for a State Fiscal Stabilization Fund for grants to States to support statewide and local funding for elementary and secondary schools and public postsecondary institutions, and provides $10.15 billion to help alleviate burdens associated with the coronavirus for both colleges and students, including $1.7 billion for Historically Black Colleges and Universities.

CV-4 provides $1.5 billion to close the homework gap by providing funding for Wi-Fi hotspots and connected devices for students and library patrons, and $4 billion for emergency home connectivity needs. It entitles households in which a member has been laid off or furloughed to get a $50 benefit, or a $75 benefit on tribal lands, to put toward the monthly price of internet service. It prohibits broadband and telephone providers from terminating service or imposing late fees due to a customer’s inability to pay their bill because of financial hardships caused by the COVID-19 pandemic .It also prohibits broadband providers from employing data caps or charging customers from going over data caps and requires them to open Wi-Fi hotspots to the public at no cost during the COVID-19 public health emergency.

What we need from future legislation:

CV-4 has strong education provisions and must be passed by the Senate. Future legislation should include increased student debt cancellation and assistance, and increased supports for special education.
What current legislation (CV-1 – CV-3.5) provides:

Current legislation provides $350 billion in loan forgiveness grants to small businesses and nonprofits to maintain existing workforce and help pay for other expenses like rent, mortgage, and utilities. It also provides $10 billion in SBA emergency grants of up to $10,000 to provide immediate relief for small business operating costs.

CV 3.5 includes another $310 Billion for SBA’s Paycheck Protection Program (PPP), $60 Billion of which is set aside for smaller lenders (including federal credit unions). Another $50 billion goes to emergency disaster loans, which small farming operations (less than 500 employees) could participate in.

Included in House CV-4 legislation:

CV-4 Protects payrolls, by enhancing the new employee retention tax credit that encourages employers to keep employees on payroll, allowing 60 million Americans to remain connected to their paychecks and benefits. It ensures worker safety, by requiring OSHA to issue a strong, enforceable standard within seven days to require all workplaces to develop and implement infection control plans based on CDC expertise, and prevents employers from retaliating against workers who report infection control problems,

CV-4 supports small businesses and nonprofits, by strengthening the Payroll Protection Program (PPP) to ensure that it reaches underserved communities, nonprofits of all sizes and types and responds flexibly to small businesses by providing $10 billion for Covid-19 emergency grants through the Economic Injury Disaster Loan program. It extends the PPP period by six months to the end of 2020, and ensures access to PPP for very small and minority-owned businesses. It provides a 90% refundable (meaning it provides cash even to those who do not owe income taxes) individual income tax credit for certain self-employed individuals who have experienced a significant loss of income. It allows businesses receiving Paycheck Protection Program loan forgiveness to defer payment of payroll taxes. It subsidizes pensions to help businesses avoid crushing liabilities and support communities around the country.

What we need from future legislation:

CV-4 provides strong supports to small businesses and nonprofits and must be passed by the Senate.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage, with $150 billion “Marshall Plan for our Health System” that includes personal and protective equipment for healthcare workers.

Part of the $75 billion for health care providers in CV 3.5 is for personal protective equipment.

Included in House CV-4 legislation:

CV-4 includes $7 billion in Child Care and Development Block Grants. It ensures worker safety, by requiring OSHA to issue a strong, enforceable standard within seven days to require all workplaces to develop and implement infection control plans based on CDC expertise, and prevents employers from retaliating against workers who report infection control problems,

CV-4 provides $1 trillion to state, local, territorial and tribal governments who desperately need funds to pay vital workers like first responders, health workers, and teachers who keep us safe and are in danger of losing their jobs. It establishes a Heroes’ Fund for essential workers, with $200 billion to ensure that essential workers who have risked their lives working during the pandemic receive hazard pay.

What we need from future legislation:

CV-4 provides strong supports and protections to essential workers and must be passed by the Senate.
What current legislation (CV-1 – CV-3.5) provides:

Current legislation provides $1,200 (and $500 for children) for individuals making up to $75,000 and couples making up to $150,000. Those making more than $75,000 (or couples making over $150,000) and under $99,000 (or double that, per couple) will receive reduced stimulus payments. But immigrant taxpayers without social security numbers are left out, and people who did not file a tax return in 2018 will need to file one, thereby leaving veterans, those receiving SSI, low-income workers, and many others at risk of not receiving this assistance.

Included in House CV-4 legislation:

CV-4 Provides additional direct payments, cushioning the economic blow of the coronavirus crisis with a second round of more substantial economic impact payments of $1,200 per family member (including $1,200 per child), up to $6,000 per household. It provides payments for mixed status households with undocumented members who have been denied payments so far. It removes unnecessary burdens on those who were not required to file 2018 tax returns, provides emergency supportive services to migrant farmworkers, and supports pension funds. It makes the child tax credit fully refundable for 2020 and increases the amount to $3,000 per child ($3,600 for a child under age 6).

What we need from future legislation:

CV-4 provides strong cash benefits to those most in need and must be passed by the Senate.

Direct cash assistance must be provided to all adults, children, and dependents including undocumented people. We also need to expand the Earned Income Tax Credit and Child Tax Credit to all low- and moderate-income taxpayers including those who are undocumented. Direct payments should be continued throughout the pandemic emergency period.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage, with the Families First Coronavirus Response Act (enacted March 18, 2020) provided the increased nutrition benefits listed below, (but failed to provide the full nutrition expansion that is urgently needed):

(1) Childcare, pre-kindergarten, and Head Start programs that participate in CACFP can distribute “grab and go” meals to families during closures.

(2) States can waive the requirement for families to enroll in-person in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and request waivers for other administrative requirements.

(3) States can request emergency benefit increases for all current SNAP recipients and flexibility on various administrative requirements.

(4) Families with children who participate in the National School Lunch Program can receive emergency food assistance during K–12 school closures.

Included in House CV-4 legislation:

CV-4 increases Supplemental Nutrition Assistance Program (SNAP) by 25%, provides 3 billion to school meal providers and the USDA’s Child and Adult Care Food Program, and provides $1.1 billion in food supports to low-income pregnant women or mothers with young children who lose their jobs or are laid off due to the COVID-19 emergency. It includes $150 million to help local food banks meet increased demand for low-income Americans during the emergency.

What we need from future legislation:

CV-4 provides strong nutrition supports to those most in need and must be passed by the Senate.

SNAP increases should be made permanent to help the 1 in 5 American children who are hungry, and buffer the economic impacts of the pandemic on low-income families which will be felt for years to come.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage.

Included in House CV-4 legislation:

CV-4 increases federal payments to state Medicaid programs by a total of 14 percentage points starting July 1, 2020 through June 30, 2021. And increases home and community-based Medicaid services by an additional 10 percentage points starting July 1, 2020 through June 30, 2021. It eliminates cost sharing for Medicaid beneficiaries for COVID-19 treatment and vaccines during the COVID-19 public health emergency, and ensures that uninsured individuals whom states opt to cover through the new Medicaid eligibility pathway will be able to receive treatment for COVID-19 without cost-sharing during the COVID-19 public health emergency. It increases Medicaid payments to Indian health providers, includes Medicaid for territories, provides Medicaid eligibility to incarcerated individuals 30 days prior to their release, covers non-emergency medical transportation (NEMT). It provides $150 million for States to establish and implement strike teams to deploy to skilled nursing facilities or nursing facilities within 72 hours of three residents or employees being diagnosed with or suspected of having COVID-19.

What we need from future legislation:

CV-4 provides urgently needed increases to Medicaid and must be passed by the Senate. All people in the U.S. should be provided health insurance during and after the COVID-19 pandemic.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage in CV-3.

Included in House CV-4 legislation:

CV-4 protects payrolls, by enhancing the new employee retention tax credit that encourages employers to keep employees on payroll. It improves transparency of the Treasury Department’s issuance of payroll grants to airlines and contractors under the CARES Act by requiring the Department to publish descriptions of each issued grant, including the grant recipient and amount, on the Department’s public website within 72 hours of issuance.

What we need from future legislation:

Stipulations that ensure that corporations that take taxpayer dollars for recovery must protect their workers’ wages and benefits over CEO pay, stock buybacks, or layoffs.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage, with $400 million in election assistance for states to help prepare for the 2020 election cycle, including to increase the ability to vote by mail, expand early voting and online registration, and increase the safety of voting in-person by providing additional voting facilities and more poll workers.

Included in House CV-4 legislation:

CV-4 has very strong Safeguards to our democracy, providing voting by mail and same-day and on-line voter registration.

CV-4 includes the following:
– Requires states and jurisdictions to establish and make publicly available contingency plans that enable voting in federal elections during a state of emergency.
– Requires contingency plans to include initiatives to provide equipment and resources necessary to protect the health and safety of poll workers and voters.
– Ensures that voters can register to vote online, can submit an EAC-prescribed mail voter registration application online, and can update their voter registration information online.
– Ensures that voter registration application forms, absentee ballot application forms, and absentee ballots in federal elections are mailed to voters expeditiously with self-sealing envelopes and prepaid postage.
– Ensures that online voter registrations services are available to individuals with disabilities.
– Ensures that all eligible individuals can register to vote on the same day that they vote. Goes into effect in the November 2020 election and for each succeeding federal election.
– Prohibits states from requiring voter registration applicants to provide more than the last 4 digits of their social security numbers.
– Provides further accommodations for Voters Residing in Indian Lands, payments by Election Assistance Commission to States to Assist with Costs of Compliance, and grants to States for Conducting Risk-Limiting Audits of Results of Elections.
– Requires the State Department, in consultation with the Defense Department, to submit to Congress and make widely available its plans to mitigate any COVID-19 related impacts on overseas voters seeking to return their mail-in ballots ahead of the 2020 federal election.

What we need from future legislation:

CV-4 ensures that elections will be fair and accessible from 2020 on and must be passed by the Senate.
What current legislation (CV-1 – CV-3.5) provides:

Inadequate coverage, with only $43 million increased Chafee programmatic funding in all COVID-19 response legislation to date.

Included in House CV-4 legislation:

CV-4 provides needed increases to child welfare and youth homelessness programs. It includes:
– $20 million for Child Abuse Prevention and Treatment Act State Grants;
– $20 million for Community-based Child Abuse Prevention Grants;
– $50 million for Chafee supports to older foster youth and youth who have aged out of care, and $18 million for Education and Training Vouchers, suspends age limits for the Chafee program and suspends work and education requirements for the Education and Training Voucher program,
– $9.6 billion for Emergency Aid and Services through the Social Services Block Grant (SSBG has traditionally been a significant funder of the child welfare system, though no funds are specifically dedicated for that purpose);
– Gives HHS the authority to waive work and education requirements for extended foster care; and
– Provides $100 million for Maternal, Infant, and Early Childhood Home Visiting Program

What we need from future legislation:

CV-4 provides urgently needed funding for child welfare and must be passed by the Senate. The #UpChafee Challenge is calling on Congress to increase Chafee funding supports for older foster youth and those aging out of care to $500 million.
What current legislation (CV-1 – CV-3.5) provides:

Partial coverage. Current legislation provides $4 billion for Emergency Solution Grants for those who are homeless or at risk of homelessness, in addition to $3 billion in rental assistance. It also provides a 120-day moratorium on evictions in properties receiving any federal assistance and a 60-day foreclosure moratorium on federally backed mortgages, with up to 180 days of forbearance during emergencies.

Included in House CV-4 legislation:

CV-4 bolsters housing assistance, helping struggling families afford a safe place to live with $175 billion in new supports to assist renters and homeowners make monthly rent, mortgage and utility payments and other housing-related costs. It authorizes $1 billion for Housing Choice Vouchers targeted to people experiencing or at risk of homelessness and survivors of domestic violence. It provides emergency financial aid to postsecondary students for housing, food, technology, health care, and child care. It provides $75 million in funding to a new grant program to encourage states and localities to adopt practices that promote juvenile safety and rehabilitation without unnecessarily exposing youth to incarceration during this crisis.

CV-4 extends and expands the eviction moratorium and foreclosure moratorium in the CARES Act to include all renters and homeowners, improves the forbearance provided under the CARES Act, and specifies the loan modifications and loss mitigation that should be available to homeowners following a moratorium to prevent any homeowner from facing a lump sum payment that they cannot afford, and increases the amount of home equity protected in the bankruptcy process to $100,000

What we need from future legislation:

CV-4 provides needed funding for housing and expanded protections from eviction and foreclosures and must be passed by the Senate.

COVID-19 Protections for Vulnerable Communities Letter

On April 20, 2020, Family Equality joined with over 200 organizations to send a letter to Congressional Leaders asking that they ensure the protection of vulnerable communities in any COVID-19 response legislation.