# Families First Coronavirus Response Act *2020 federal act (H.R. 6201) funding COVID-19 testing, emergency paid leave and food assistance. Its child-nutrition waiver authority figures in later congressional oversight of Minnesota's administration of federal meal programs.* The **Families First Coronavirus Response Act** (H.R. 6201) is a 2020 Act of Congress passed in response to the economic effects of the [[COVID-19 pandemic]]. It funds free coronavirus testing and expanded food-stamp benefits, and it created emergency paid leave for workers affected by the pandemic.[^1] Its public law number, P.L. 116-127, is cited in the USDA waivers later issued under it.[^2] House Appropriations Committee Chairwoman Nita M. Lowey (D–NY) sponsored the bill.[^1] She also moved that the [[United States House of Representatives]] suspend the rules and pass it as amended.[^3] The [[United States Senate]] passed it 90–8 on March 18, 2020, and President Donald Trump signed it into law the same day.[^4] In the Minnesota record the Act appears through its child-nutrition waiver authority. Section 2202(a) permits the [[Secretary of Agriculture]] to establish a waiver for all States for meals under the Child Nutrition Programs. The [[Food and Nutrition Service]] cited that section in an April 20, 2021 nationwide waiver of the congregate-meal requirement for school year 2021–2022.[^5] On November 14, 2023, seven members of Congress wrote to the [[Minnesota Department of Education]] about its oversight of [[Feeding Our Future]]. The signers included Minnesota Representatives [[Tom Emmer]], [[Brad Finstad]], [[Michelle Fischbach]] and [[Pete Stauber]], and the letter states that the flexibility Congress provided in March 2020 "made it possible for fraud and improper payments".[^6] In the House roll call on the Act, Emmer is listed among the 40 nays and Stauber among the 363 yeas.[^7] The institutions' own descriptions sit beside these outputs. The White House said the law "expands food assistance for vulnerable children and families".[^8] The 2021 waiver described itself as "intended to provide needed flexibility to support schools and child care providers in continuing to offer nutritious meals".[^5] The November 2023 letter states that, according to the U.S. Attorney's Office for the District of Minnesota, Feeding Our Future allegedly defrauded the Food and Nutrition Service of over $250 million. The letter also states that 60 individuals had been charged with federal crimes.[^9] ## Who - House Speaker Nancy Pelosi and Treasury Secretary Steven Mnuchin conducted the principal negotiations on the bill.[^10] - In a March 13 letter to Democratic colleagues, Pelosi credited Chairs Lowey, Neal, Pallone, Scott, Peterson and McGovern for drafting it.[^10] - Senate Majority Leader Mitch McConnell called the first draft "off-base", and House Minority Leader Kevin McCarthy said the bill "comes up short".[^10] McCarthy is listed among the House yeas on final passage.[^7] - President Trump had voiced support for the legislative agreement before he signed it.[^1] ## What - The Act's Emergency Paid Sick Leave covers employers with fewer than 500 employees, counted across all work sites, as well as certain public employers.[^8] - Employers are not required to extend that leave to healthcare providers or emergency responders.[^8] - An employee may take the leave when quarantined, when advised by a doctor to self-quarantine, or when symptomatic and awaiting a diagnosis.[^8] - Employers may not make the employee find a replacement worker, or use up other paid leave first.[^8] - Waivers issued under the Act state that they "have the force and effect of law as authorized by the Families First Coronavirus Response Act". The Continuing Appropriations Act, 2021 and Other Extensions Act (P.L. 116-159) extended that authority.[^2] ## When - March 12–13, 2020: Pelosi and Mnuchin negotiations; Wikipedia's account reports at least 20 phone calls between them.[^10] - March 13, 2020: House roll call No. 102 on H.R. 6201.[^3] The Congressional Record dates the vote to its March 13, 2020 proceedings, while Wikipedia records it as concluding at 12:30 a.m. on Saturday, March 14.[^4] - March 18, 2020: Senate passage and presidential signature.[^4] - April 1, 2020: deadline for covered employers to post, mail or email the notice of employees' rights.[^8] - April 2, 2020: date by which the Act took effect.[^8] - March 9, 2021: the Food and Nutrition Service issued *Nationwide Waiver to Allow Non-Congregate Feeding for Summer 2021 Operations – EXTENSION 6*, with flexibilities running through September 30, 2021.[^11] - April 20, 2021: the Food and Nutrition Service issued *COVID–19: Child Nutrition Response #87*, effective July 1, 2021 through June 30, 2022.[^12] ## How - The House took up the bill on Lowey's motion to suspend the rules. Ms. Granger demanded the yeas and nays, and the vote was taken by electronic device.[^13] - Mr. Richmond changed his vote from nay to yea.[^13] - After the vote, Mr. Hoyer said the House had "approved this bipartisan bill".[^13] - By unanimous consent, Lowey obtained authority for the Clerk to make technical corrections and conforming changes in the engrossed bill.[^14] - Representative Gohmert, listed among the nays, said he received a draft around 9 o'clock. He said he obtained the bill to be voted on shortly before the vote was called, and added: "This is no way to handle billions and billions of dollars when we are trying to help people".[^14][^7] - In the Senate, three amendments failed:[^4] - Senator Rand Paul's amendment failed 3–95. - Senator Ron Johnson's amendment received 50–48, short of the 60 votes required under Senate rules. It would have routed support through state unemployment insurance systems instead of the emergency leave provisions. - Senator Patty Murray's paid-leave amendment failed 47–51. ## How much - Under the circumstances above, Emergency Paid Sick Leave is paid at the employee's regular rate, capped at $511 per day and $5,110 in total.[^8] ## How many - House: 363 yeas, 40 nays, 1 answered "present", 26 not voting.[^3] - Wikipedia reports that all 40 nays were Republicans, that no Democrat voted nay, and that Independent Representative Justin Amash voted present.[^4] - Senate: 90–8 with 2 not voting. The two absent senators, Cory Gardner and Rick Scott, were in quarantine after exposure to the coronavirus.[^4] ## In the Minnesota record ### Who - Emmer represents Minnesota's Sixth Congressional District and was sworn into the House in January 2015.[^15] - His official biography states that he was re-elected House Majority Whip for the 119th Congress, the third-highest position in House Republican leadership. It also states that he was elected to the [[Minnesota House of Representatives]] in 2004 and served three terms there.[^15] - On March 13, 2020, Emmer voted nay on H.R. 6201 and Stauber voted yea.[^7] - The November 14, 2023 letter was signed by:[^16] - Virginia Foxx (Education and the Workforce); - [[James Comer]] (Oversight and Accountability); - Glenn "GT" Thompson (Agriculture); - Finstad (Nutrition subcommittee); - Emmer, Fischbach and Stauber. - The letter was addressed to Commissioner of Education Willie Jett and copied to [[Governor of Minnesota]] [[Tim Walz]].[^16] - A July 20, 2023 release from Emmer's office, *Emmer, Minnesota Republicans Demand Accountability in Feeding Our Future Scandal*, reports a letter from the same group to Secretary of Agriculture Tom Vilsack.[^17] ### What - The November 2023 letter describes the [[Child and Adult Care Food Program]] and the [[Summer Food Service Program]] as taxpayer-funded, state-administered programs within the Food and Nutrition Service.[^9] - The letter states that the Food and Nutrition Service and the Department are required to oversee program operations, and that the committees are investigating the Department's oversight.[^6] - It notes that the [[Office of the Legislative Auditor (Minnesota)]] had initiated a review of the Department's oversight of Feeding Our Future.[^18] - It asks for all documents the Department gave the auditor and directs the Department to preserve related records, including messages on personal accounts or devices.[^18] - The July 2023 letter sought USDA documents on Feeding Our Future and any USDA inspection or audit of its records. It also requested USDA communications with Minnesota officials, including the Department of Education.[^17] ### When - September 30, 2022: first letter from the group to the USDA, according to the July 2023 release.[^17] - July 20, 2023: follow-up letter to Secretary Vilsack.[^17] - November 14, 2023: letter to Commissioner Jett, with documents requested by November 27, 2023.[^18] ### Where - The letter describes Feeding Our Future as a Minnesota-based nonprofit. It addresses the Department of Education at 400 NE Stinson Blvd., [[Minneapolis]].[^9] ### Why - The Food and Nutrition Service stated that waiving the congregate requirement was "vital to ensure appropriate safety measures for the purpose of providing meals and snacks" could be followed. It cited meal pick-up for students learning virtually and grab-and-go meals in schools.[^12] - The November 2023 letter states that Congress allowed non-congregate service and authorized waivers in March 2020, "thereby relaxing the checks and balances that were otherwise designed to ensure that funding goes to feeding needy students and adults".[^6] - The letter quotes the description of the matter as the "largest COVID-19 fraud scheme in the nation".[^6] - The July 2023 letter describes it as the "largest pandemic fraud in the United States".[^17] ### How - Under Section 2202(a)(2), the 2021 waiver applied automatically to any State that elected it and notified its FNS Regional Office.[^11] - Section 2202(d) required each electing State to report within one year on its use of the flexibilities and on whether they improved services.[^11] - The record assembled here does not establish whether the Minnesota Department of Education elected the school year 2021–2022 waiver or filed that report. - That waiver lists the National School Lunch Program, the [[School Breakfast Program]], the Child and Adult Care Food Program and the Seamless Summer Option. It does not list the Summer Food Service Program.[^2] ### How much - As of November 14, 2023, the letter states that the U.S. Attorney alleges Feeding Our Future defrauded the Food and Nutrition Service of over $250 million.[^9] ### How many - As of July 20, 2023, the number of people charged had risen from 47 to 60 since the September 2022 letter, and 10 people had pleaded guilty.[^17] - As of November 14, 2023, the letter states that 60 individuals had been charged with federal crimes.[^9] ## Notes [^1]: Wikipedia, *Families First Coronavirus Response Act* (rev. 1369332780, retrieved 2026-10-27), lead section — establishes the Act's provisions, its sponsor, presidential support and signing. https://en.wikipedia.org/wiki/Families_First_Coronavirus_Response_Act [^2]: USDA Food and Nutrition Service, *COVID–19: Child Nutrition Response #87* (Apr. 20, 2021), p. 1 — establishes P.L. 116-127 as the authority, the extension by P.L. 116-159, and the programs covered. https://www.in.gov/doe/files/covid19nationwidewaiver87s.pdf [^3]: Congressional Record — House, *H1691* (Mar. 13, 2020) — records Lowey's motion to suspend the rules and pass H.R. 6201 as amended, and the tally of roll call No. 102 (363–40–1, 26 not voting). https://www.govinfo.gov/link/crec/166/h/1691 [^4]: Wikipedia, *Families First Coronavirus Response Act* (rev. 1369332780), "Votes" section — establishes the House timing and party breakdown, the Senate amendments and tallies, Senate passage and signing. https://en.wikipedia.org/wiki/Families_First_Coronavirus_Response_Act [^5]: USDA Food and Nutrition Service, *COVID–19: Child Nutrition Response #87* (Apr. 20, 2021), pp. 1–2 — establishes the Section 2202(a) authority and the waiver's statement of purpose. https://www.in.gov/doe/files/covid19nationwidewaiver87s.pdf [^6]: Congress of the United States, *Letter to Commissioner Willie Jett, Minnesota Department of Education* (Nov. 14, 2023), p. 2 — establishes the oversight duty, the March 2020 flexibility passage and the "largest" quotation. https://edworkforce.house.gov/uploadedfiles/letter_to_mn_ed_foxx_and_others_final.pdf [^7]: Congressional Record — House, *H1691*, Roll No. 102 (Mar. 13, 2020) — provides the yea and nay lists, including Emmer, Gohmert (nays) and Stauber, McCarthy (yeas). https://www.govinfo.gov/link/crec/166/h/1691 [^8]: Wikipedia, *Families First Coronavirus Response Act* (rev. 1369332780), "Contents" section — establishes the White House statement, effective and notice dates, and the paid-leave terms and caps. https://en.wikipedia.org/wiki/Families_First_Coronavirus_Response_Act [^9]: Congress of the United States, *Letter to Commissioner Willie Jett, Minnesota Department of Education* (Nov. 14, 2023), p. 1 — establishes the address, the allegation of over $250 million, the 60 charged, and the description of the programs. https://edworkforce.house.gov/uploadedfiles/letter_to_mn_ed_foxx_and_others_final.pdf [^10]: Wikipedia, *Families First Coronavirus Response Act* (rev. 1369332780), "Negotiations" section — establishes the Pelosi–Mnuchin talks, Pelosi's letter, and the McConnell and McCarthy statements. https://en.wikipedia.org/wiki/Families_First_Coronavirus_Response_Act [^11]: USDA Food and Nutrition Service, *COVID–19: Child Nutrition Response #87* (Apr. 20, 2021), pp. 2–3 — establishes Sections 2202(a)(2) and 2202(d), the reporting contents, and the March 9, 2021 EXTENSION 6 waiver. https://www.in.gov/doe/files/covid19nationwidewaiver87s.pdf [^12]: USDA Food and Nutrition Service, *COVID–19: Child Nutrition Response #87* (Apr. 20, 2021), p. 2 — establishes the issue date, the requirements waived, the July 1, 2021–June 30, 2022 term, and the stated reasons. https://www.in.gov/doe/files/covid19nationwidewaiver87s.pdf [^13]: Congressional Record — House, *H1691* (Mar. 13, 2020) — records Granger's demand for the yeas and nays, Richmond's vote change and Hoyer's remarks. https://www.govinfo.gov/link/crec/166/h/1691 [^14]: Congressional Record — House, *H1691–H1692* (Mar. 13, 2020) — records Lowey's unanimous-consent request on engrossment and Gohmert's one-minute remarks. https://www.govinfo.gov/link/crec/166/h/1691 [^15]: Office of the House Majority Whip, *Biography* (undated) — establishes Emmer's district, his 2015 swearing-in, the Majority Whip post and his Minnesota House service. https://www.majoritywhip.gov/about/ [^16]: Congress of the United States, *Letter to Commissioner Willie Jett, Minnesota Department of Education* (Nov. 14, 2023), p. 3 — establishes the signatories, their titles, and the copy to Governor Walz. https://edworkforce.house.gov/uploadedfiles/letter_to_mn_ed_foxx_and_others_final.pdf [^17]: Office of Rep. Tom Emmer, *Emmer, Minnesota Republicans Demand Accountability in Feeding Our Future Scandal* (July 20, 2023) — establishes the follow-up letter to Vilsack, the 47-to-60 charged count, the 10 guilty pleas, the September 30, 2022 letter and the documents requested. https://emmer.house.gov/media-center/press-releases/emmer-minnesota-republicans-demand-accountability-in-feeding-our-future-scandal [^18]: Congress of the United States, *Letter to Commissioner Willie Jett, Minnesota Department of Education* (Nov. 14, 2023), p. 2 — establishes the Legislative Auditor review, the November 27, 2023 deadline for documents and the preservation request. https://edworkforce.house.gov/uploadedfiles/letter_to_mn_ed_foxx_and_others_final.pdf