Congressional Record — Senate, June 24, 2020, Page S3209
Summary
Page S3209 of the Senate section of the Congressional Record for June 24, 2020, in interleaved columns, carrying bill and amendment text. Section 3 appropriates $1,000,000,000 for fiscal year 2020 for a nurse scholarship and loan repayment program under section 846 of the Public Health Service Act. Another provision bases fiscal year 2022 school payments on fiscal year 2020 data, including per pupil expenditures. SA 1694 is submitted by Mr. Moran with Mr. Tester, and text of the defense authorization bill refers to military personnel strengths.
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“Congressional Record — Senate, June 24, 2020, Page S3209.”
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June 24, 2020 CONGRESSIONAL RECORD — SENATE S3209
‘‘(3) describe how the program established SEC. 3. FUNDING FOR THE NURSE CORPS SCHOL- the calculation of payments for fiscal year
under this section will be implemented in a ARSHIP AND LOAN REPAYMENT 2022 under section 7003(b)(1) of such Act, such
PROGRAM.
manner consistent with, and in furtherance payments shall be based on utilizing fiscal
of, the assessments and goals for workforce (a) FUNDING.—There are hereby appro- year 2020 data (from academic year 2018–2019)
and training described in the review con- priated, out of amounts in the Treasury not to include total current expenditures, local
ducted by the Secretary under section otherwise appropriated, $1,000,000,000 for fis- contribution rates, and per pupil expendi-
2812(b)(2). cal year 2020, for purposes of carrying out tures; or
‘‘(e) CONTRACTS FOR CERTAIN PARTICIPATING section 846 of the Public Health Service Act (3) with respect to a requested payment
INDIVIDUALS.—An individual who is partici- (42 U.S.C. 297n), to remain available until ex- under section 7002 or 7003 of such Act, use the
pating in the emergency service program pended, except that— student count or Federal property valuation
under this section shall receive loan repay- (1) of the amount appropriated under this data relating to calculating such payment
ments in an amount equal to 50 percent of heading and made available for scholarships for the fiscal year required under section
the highest new award made for the year and loan repayment, not less than 40 percent 7002(j) or 7003(c) of such Act, as applicable.
under the National Health Service Corps shall be allocated for eligible applicants who
Loan Repayment Program pursuant to a are members of groups that are historically By Mr. DURBIN (for himself, Ms.
contract entered into at the same time under underrepresented in health care professions, DUCKWORTH, and Mr. VAN HOL-
section 338B(g), in a manner similar to the including racial and ethnic minorities and
LEN):
manner in which payments are made under individuals from low-income urban and rural
S. 4067. A bill to prohibit certain as-
such section, pursuant to the terms of a con- communities; and
(2) to carry out the requirements of para- sistance for inverted domestic corpora-
tract between the Secretary and such indi- tions; to the Committee on Finance.
vidual. The Secretary shall establish a sys- graph (1), the Secretary may coordinate with
entities receiving funding under section 821 Mr. DURBIN. Mr. President, I ask
tem of contracting for purposes of this sub-
section which shall be similar to the con- to identify, recruit, and select individuals to unanimous consent that the text of the
tract requirements and terms under sub- receive such scholarships. bill be printed in the RECORD.
sections (c), (d), and (f) of section 338B. (b) EMERGENCY DESIGNATION.— There being no objection, the text of
Amounts received by an individual under (1) IN GENERAL.—The amounts provided by the bill was ordered to be printed in
this subsection shall be in addition to any this section are designated as an emergency the RECORD, as follows:
amounts received by an individual described requirement pursuant to section 4(g) of the
S. 4067
in subsection (b)(2) pursuant to the Scholar- Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)). Be it enacted by the Senate and House of Rep-
ship Program under section 338A or the Loan resentatives of the United States of America in
Repayment Program under section 338B, as (2) DESIGNATION IN SENATE.—In the Senate,
this section is designated as an emergency Congress assembled,
applicable. SECTION 1. SHORT TITLE.
requirement pursuant to section 4112(a) of H.
‘‘(f) BREACH OF CONTRACT.—If an individual This Act may be cited as the ‘‘American
Con. Res. 71 (115th Congress), the concurrent
breaches the written contract of the indi- Assistance for American Companies Act’’.
resolution on the budget for fiscal year 2018.
vidual under subsection (e) by failing either SEC. 2. PROHIBITION ON APPLICATION OF CER-
to begin such individual’s service obligation TAIN ASSISTANCE TO INVERTED DO-
in accordance with such contract or to com- By Mr. THUNE (for himself and MESTIC CORPORATIONS.
plete such service obligation, the United Ms. SMITH): (a) PROHIBITION ON USE OF CERTAIN TAX IN-
States shall be entitled to recover from the S. 4063. A bill to provide that, due to CENTIVES.—
individual an amount equal to the sum of— the disruptions caused by COVID–19, (1) NET OPERATING LOSS CARRYBACKS.—
‘‘(1) the total of the amounts paid by the applications for impact aid funding for (A) IN GENERAL.—Section 172(b)(1)(D) of the
United States under such contract on behalf fiscal year 2022 may use certain data Internal Revenue Code of 1986 is amended by
of the individual for any period of such serv- submitted in the fiscal year 2021 appli- adding at the end the following new clause:
ice not served; ‘‘(vi) SPECIAL RULE FOR INVERTED DOMESTIC
cation; to the Committee on Health,
‘‘(2) an amount equal to the product of the CORPORATIONS.—Clause (i) shall not apply to
number of months of service that were not Education, Labor, and Pensions.
any foreign corporation for any taxable year
completed by the individual, multiplied by Mr. THUNE. Mr. President, I ask in which such corporation is an inverted do-
$3,750; and unanimous consent that the text of the mestic corporation (as defined in section
‘‘(3) the interest on the amounts described bill be printed in the RECORD. 7701(p)(2)), or to any member of the expanded
in paragraphs (1) and (2), at the maximum There being no objection, the text of affiliated group (as defined in section
legal prevailing rate, as determined by the the bill was ordered to be printed in 7874(c)(1)) of such a foreign corporation, un-
Treasurer of the United States, from the the RECORD, as follows: less such foreign corporation has made an
date of the breach. election under section 7701(p)(1).’’.
S. 4063
‘‘(g) REPORT.—Not later than 4 years after (B) EFFECTIVE DATE.—The amendment
the date of enactment of this section, the Be it enacted by the Senate and House of Rep- made by this section shall take effect as if
Secretary shall submit to the Committee on resentatives of the United States of America in included in section 2303(b) of the CARES Act.
Health, Education, Labor, and Pensions of Congress assembled, (2) INCREASED LIMITATION ON BUSINESS IN-
the Senate and the Committee on Energy SECTION 1. SHORT TITLE. TEREST.—
and Commerce of the House of Representa- This Act may be cited as the ‘‘Impact Aid (A) IN GENERAL.—Section 163(j)(10) of the
tives a report that evaluates the demonstra- Coronavirus Relief Act’’. Internal Revenue Code of 1986 is amended by
tion project established under this section, SEC. 2. USE OF PRIOR APPLICATION STUDENT adding at the end the following new subpara-
including— COUNT DATA FOR FISCAL YEAR 2022 graph:
‘‘(1) the effects of such program on health IMPACT AID APPLICATIONS. ‘‘(C) SPECIAL RULE FOR INVERTED DOMESTIC
care access in underserved areas and health Due to the public health emergency relat- CORPORATIONS.—Subparagraphs (A) and (B)
professional shortage areas and on public ing to COVID–19 and notwithstanding sec- shall not apply to any foreign corporation
health emergency response capacity; tions 7002(j) and 7003(c) of the Elementary for any taxable year in which such corpora-
‘‘(2) the effects of such program on the and Secondary Education Act of 1965 (20 tion is an inverted domestic corporation (as
health care provider workforce pipeline, in- U.S.C. 7702(j), 7703(c)), a local educational defined in section 7701(p)(2)), or to any mem-
cluding any impact on the demographic rep- agency desiring to receive a payment under ber of the expanded affiliated group (as de-
resentation among, and the fields or special- section 7002 or 7003 of such Act (20 U.S.C. fined in section 7874(c)(1)) of such a foreign
ties pursued by, students in approved grad- 7702, 7703) for fiscal year 2022 that also sub- corporation, unless such foreign corporation
uate training programs in medicine, osteo- mitted an application for such payment for has made an election under section
pathic medicine, dentistry, behavioral and fiscal year 2021 may, in the application sub- 7701(p)(1).’’.
mental health, or other health profession; mitted under section 7005 of such Act (20 (B) EFFECTIVE DATE.—The amendment
‘‘(3) the impact of such program on the en- U.S.C. 7705) for fiscal year 2022— made by this section shall take effect as if
rollment, participation, and completion of (1) with respect to a requested payment included in section 2306 of the CARES Act.
requirements in the underlying scholarship under section 7002 of such Act, use the Fed- (3) FEDERAL RESERVE EMERGENCY LENDING
and loan repayment programs of the Na- eral property valuation data relating to cal- FACILITIES.—
tional Health Service Corps; culating such payment that was submitted (A) IN GENERAL.—No inverted domestic cor-
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‘‘(4) the effects of such program on the Na- by the local educational agency in the appli- poration, as defined in section 7701(p)(2) of
tional Disaster Medical System’s response cation for fiscal year 2021; the Internal Revenue Code of 1986, or any
capability, readiness, and workforce (2) with respect to a requested payment member of the expanded affiliated group (as
strength; and under section 7003 of such Act, use the stu- defined in section 7874(c)(1) of such Code) of
‘‘(5) recommendations for improving the dent count data relating to calculating such such inverted domestic corporation, may
demonstration project described in this sec- payment that was submitted by the local participate in any program or facility estab-
tion, and any other considerations as the educational agency in the application for fis- lished by the Board of Governors of the Fed-
Secretary determines appropriate.’’. cal year 2021, provided that for purposes of eral Reserve System under the authority of
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S3210 CONGRESSIONAL RECORD — SENATE June 24, 2020
section 13(3) of the Federal Reserve Act (12 business activities of such expanded affili- year, and for other purposes; which was or-
U.S.C. 343) and with funding authorized ated group. For purposes of the preceding dered to lie on the table.
under section 4003 of the CARES Act (Public sentence, the term ‘substantial business ac- SA 1677. Mr. PAUL submitted an amend-
Law 116–136), including the Primary Market tivities’ shall have the meaning given such ment intended to be proposed by him to the
Corporate Credit Facility and the Secondary term under regulations in effect on January bill S. 3985, to improve and reform policing
Market Corporate Credit Facility. 18, 2017, except that the Secretary may issue practices, accountability, and transparency;
(B) EXCEPTION.—Subparagraph (A) shall regulations increasing the threshold percent which was ordered to lie on the table.
not apply if the inverted domestic corpora- in any of the tests under such regulations for SA 1678. Mr. PAUL submitted an amend-
tion makes an election under section determining if business activities constitute ment intended to be proposed by him to the
7701(p)(1) of the Internal Revenue Code of substantial business activities for purposes bill S. 3985, supra; which was ordered to lie
1986. of this paragraph. on the table.
(C) APPLICABILITY.—This paragraph shall ‘‘(4) MANAGEMENT AND CONTROL.—For pur- SA 1679. Mr. PAUL submitted an amend-
apply to participation in any program or fa- poses of paragraph (2)(B)(ii)— ment intended to be proposed by him to the
cility described in subparagraph (A) estab- ‘‘(A) IN GENERAL.—The Secretary shall pre- bill S. 3985, supra; which was ordered to lie
lished before, on, or after the date of enact- scribe regulations for purposes of deter- on the table.
ment of this Act. mining cases in which the management and SA 1680. Mr. PAUL submitted an amend-
(b) ELECTION TO TREAT INVERTED DOMESTIC control of an expanded affiliated group is to ment intended to be proposed by him to the
CORPORATIONS AS DOMESTIC CORPORATIONS.— be treated as occurring, directly or indi- bill S. 3985, supra; which was ordered to lie
(1) INVERTED DOMESTIC CORPORATIONS.— rectly, primarily within the United States. on the table.
Section 7701 of the Internal Revenue Code of The regulations prescribed under the pre- SA 1681. Ms. WARREN submitted an
1986 is amended by redesignating subsection ceding sentence shall apply to periods after amendment intended to be proposed by her
(p) as subsection (q) and by inserting after March 4, 2003. to the bill S. 4049, to authorize appropria-
subsection (o) the following new subsection: ‘‘(B) EXECUTIVE OFFICERS AND SENIOR MAN- tions for fiscal year 2021 for military activi-
‘‘(p) INVERTED DOMESTIC CORPORATIONS.— ties of the Department of Defense, for mili-
AGEMENT.—Such regulations shall provide
‘‘(1) ELECTION TO BE TREATED AS A DOMESTIC tary construction, and for defense activities
that the management and control of an ex-
CORPORATION.— of the Department of Energy, to prescribe
panded affiliated group shall be treated as
‘‘(A) IN GENERAL.—Notwithstanding para- military personnel strengths for such fiscal
occurring, directly or indirectly, primarily
graphs (4) and (5) of subsection (a), an in- year, and for other purposes; which was or-
within the United States if substantially all
verted domestic corporation may elect to be dered to lie on the table.
of the executive officers and senior manage-
treated as a domestic corporation for taxable SA 1682. Ms. WARREN (for herself and Mr.
ment of the expanded affiliated group who
years beginning with the last taxable year PORTMAN) submitted an amendment intended
which begins before January 1, 2018. exercise day-to-day responsibility for mak-
ing decisions involving strategic, financial, to be proposed by her to the bill S. 4049,
‘‘(B) ELECTION.—An election under this supra; which was ordered to lie on the table.
subsection— and operational policies of the expanded af-
filiated group are based or primarily located SA 1683. Mr. MENENDEZ submitted an
‘‘(i) shall be made not later than 30 days amendment intended to be proposed by him
after the date of the enactment of this sub- within the United States. Individuals who in
fact exercise such day-to-day responsibilities to the bill S. 4049, supra; which was ordered
section, and to lie on the table.
‘‘(ii) once made, shall be irrevocable. shall be treated as executive officers and
senior management regardless of their title. SA 1684. Ms. DUCKWORTH (for herself and
‘‘(C) TIME FOR FILING RETURNS AND PAY- Mr. SCOTT of South Carolina) submitted an
MENT OF TAXES.—Notwithstanding sections ‘‘(5) SIGNIFICANT DOMESTIC BUSINESS ACTIVI-
TIES.—For purposes of paragraph (2)(B)(ii),
amendment intended to be proposed by her
6072 and 6151, any return for any taxable year to the bill S. 4049, supra; which was ordered
ending before the date described in subpara- an expanded affiliated group has significant
domestic business activities if at least 25 to lie on the table.
graph (B)(i), and any payment of taxes or SA 1685. Ms. DUCKWORTH submitted an
penalties, shall not be considered due before percent of—
‘‘(A) the employees of the group are based amendment intended to be proposed by her
January 1, 2021. to the bill S. 4049, supra; which was ordered
‘‘(2) INVERTED DOMESTIC CORPORATION.—For in the United States,
‘‘(B) the employee compensation incurred to lie on the table.
purposes of this subsection, the term ‘in- SA 1686. Ms. DUCKWORTH (for herself and
verted domestic corporation’ means any for- by the group is incurred with respect to em-
Mr. RISCH) submitted an amendment in-
eign corporation which, pursuant to a plan ployees based in the United States,
tended to be proposed by her to the bill S.
(or a series of related transactions)— ‘‘(C) the assets of the group are located in
4049, supra; which was ordered to lie on the
‘‘(A) completes after March 4, 2003, the di- the United States, or
table.
rect or indirect acquisition of— ‘‘(D) the income of the group is derived in
SA 1687. Ms. HIRONO submitted an amend-
‘‘(i) substantially all of the properties held the United States,
ment intended to be proposed by her to the
directly or indirectly by a domestic corpora- determined in the same manner as such de-
bill S. 4049, supra; which was ordered to lie
tion, or terminations are made for purposes of deter-
on the table.
‘‘(ii) substantially all of the assets of, or mining substantial business activities under
SA 1688. Mr. BLUMENTHAL (for himself,
substantially all of the properties consti- regulations referred to in paragraph (3) as in
Mr. MURPHY, Mrs. GILLIBRAND, and Mr. SCHU-
tuting a trade or business of, a domestic effect on January 18, 2017, but applied by
MER) submitted an amendment intended to
partnership, and treating all references in such regulations to
be proposed by him to the bill S. 4049, supra;
‘‘(B) after the acquisition, either— ‘foreign country’ and ‘relevant foreign coun-
which was ordered to lie on the table.
‘‘(i) more than 50 percent of the stock (by try’ as references to ‘the United States’. The SA 1689. Mr. BLUMENTHAL (for himself
vote or value) of the corporation is held— Secretary may issue regulations decreasing and Mrs. SHAHEEN) submitted an amendment
‘‘(I) in the case of an acquisition with re- the threshold percent in any of the tests intended to be proposed by him to the bill S.
spect to a domestic corporation, by former under such regulations for determining if 4049, supra; which was ordered to lie on the
shareholders of the domestic corporation by business activities constitute significant do- table.
reason of holding stock in the domestic cor- mestic business activities for purposes of SA 1690. Mr. BLUMENTHAL (for himself,
poration, or this paragraph. Ms. BALDWIN, Ms. WARREN, and Mrs. GILLI-
‘‘(II) in the case of an acquisition with re- ‘‘(6) DEFINITIONS AND OTHER RULES.— BRAND) submitted an amendment intended to
spect to a domestic partnership, by former ‘‘(A) EXPANDED AFFILIATED GROUP.—The be proposed by him to the bill S. 4049, supra;
partners of the domestic partnership by rea- term ‘expanded affiliated group’ has the which was ordered to lie on the table.
son of holding a capital or profits interest in meaning give such term under section SA 1691. Mr. BLUMENTHAL (for himself,
the domestic partnership, or 7874(c)(1). Ms. BALDWIN, Mrs. GILLIBRAND, and Mr.
‘‘(ii) the management and control of the ‘‘(B) OTHER RULES.—Rules similar to the WYDEN) submitted an amendment intended
expanded affiliated group which includes the rules of paragraphs (2), (3), (5), and (6) of sec- to be proposed by him to the bill S. 4049,
corporation occurs, directly or indirectly, tion 7874(c) shall apply for purposes of this supra; which was ordered to lie on the table.
primarily within the United States, and such subsection.’’. SA 1692. Ms. HIRONO (for herself and Mr.
expanded affiliated group has significant do- f SULLIVAN) submitted an amendment in-
mestic business activities. tended to be proposed by her to the bill S.
‘‘(3) EXCEPTION FOR CORPORATIONS WITH AMENDMENTS SUBMITTED AND 4049, supra; which was ordered to lie on the
SUBSTANTIAL BUSINESS ACTIVITIES IN FOREIGN PROPOSED table.
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COUNTRY OF ORGANIZATION.—Such term shall SA 1676. Mr. ROUNDS submitted an SA 1693. Mr. MORAN (for himself, Mr.
not include a foreign corporation described amendment intended to be proposed by him UDALL, Mrs. BLACKBURN, Mr. BOOZMAN, Mrs.
in paragraph (2) if after the acquisition the to the bill S. 4049, to authorize appropria- CAPITO, and Mr. ROUNDS) submitted an
expanded affiliated group which includes the tions for fiscal year 2021 for military activi- amendment intended to be proposed by him
corporation has substantial business activi- ties of the Department of Defense, for mili- to the bill S. 4049, supra; which was ordered
ties in the foreign country in which or under tary construction, and for defense activities to lie on the table.
the law of which the corporation is created of the Department of Energy, to prescribe SA 1694. Mr. MORAN (for himself and Mr.
or organized when compared to the total military personnel strengths for such fiscal TESTER) submitted an amendment intended
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