Senate Amendments Including SA 2538, August 4, 2020 — Congressional Record
Summary
A page of the Congressional Record, Senate, dated August 4, 2020, beginning at page S4840, in a long document, under the heading Senate Amendments Including SA 2538. The page carries text of a program with reporting and recovery provisions, including recovery of unobligated funds, a review by the Comptroller General after the program terminates, and an appropriation of $50,500,000,000 for fiscal year 2020 to carry out the program. It also covers a small business emergency fund, collaboration between entitlement communities and local development entities, and, at the end, definitions of eligible property in tax text. The page also lists SA 2538 submitted by Mr. Graham.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Senate Amendments Including SA 2538, August 4, 2020 — Congressional Record.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-04-crec-2020-08-04-pt1-pgs4840-61783228dc/
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S4840 CONGRESSIONAL RECORD — SENATE August 4, 2020
than 90 days after the date on which the (ii) in the case of an eligible entity who is made available under the Program has failed
State received the amounts from the Sec- an individual, a woman or a minority; and to comply with a requirement of this sec-
retary under clause (i) or (ii) of paragraph (B) maintain a record of the responses to tion, the amount equal to the amount of
(1)(A). each inquiry conducted under subparagraph funds used in violation of this section shall
(D) RECOVERY OF UNOBLIGATED FUNDS.—If a (A), which the entity shall promptly submit be booked as a debt of that entity owed to
State, entitlement community, other unit of to the applicable State, unit of general local the Federal Government and, when recouped,
general local government, entity designated government, or Indian Tribe. shall be deposited in the General Fund of the
by a unit of general local government, or (2) RIGHT TO REFUSE.—An eligible entity Treasury.
small business emergency fund fails to obli- may refuse to provide any information re- (2) GAO.—Not later than 1 year after the
gate amounts by the applicable deadline quested under paragraph (1)(A). date on which the Program terminates under
under subparagraph (C), the Secretary shall (f) REPORTING.— subsection (j), the Comptroller General of
recover the amount of those amounts that (1) IN GENERAL.—Not later than 30 days the United States shall conduct a review of
remain unobligated, as of that deadline. after the date on which a State, unit of gen- the Program and submit to the appropriate
(E) COLLABORATION.—It is the sense of Con- eral local government, or Indian Tribe ini- committees of Congress a report that con-
gress that— tially receives an allocation made under sub- tains the results of that review.
(i) an entitlement community that re- section (c), and not later than 14 days after (i) APPROPRIATION.—
ceives amounts allocated under paragraph the date on which that State, unit of local (1) IN GENERAL.—There are appropriated to
(1)(B)(i)(I) should collaborate with the appli- government, or Indian Tribe completes the the Secretary for fiscal year 2020, out of
cable local entity responsible for economic full expenditure of that allocation, that amounts in the Treasury not otherwise ap-
development and small business development State, unit of general local government, or propriated, $50,500,000,000 to carry out the
in establishing and administering a small Indian Tribe shall submit to the Secretary a Program, which shall remain available until
business emergency fund; and report that includes— the termination date described in subsection
(ii) States, units of general local govern- (A) the number of recipients of assistance (j).
ment (including units of general local gov- made available from the allocation; (2) APPLICATION OF PROVISIONS.—Amounts
ernment located inside and outside non- (B) the total amount, and type, of assist- appropriated under paragraph (1) shall be
entitlement areas), and Indian Tribes that ance made available from the allocation; subject to the requirements contained in the
receive amounts under paragraph (1) and are (C) to the extent applicable, with respect Further Consolidated Appropriations Act,
located in the same region should collabo- to each recipient described in subparagraph 2020 (Public Law 116–94) for funds for pro-
rate in establishing and administering small (A), information regarding the industry of grams authorized under sections 330 through
business emergency funds. the recipient, the amount of assistance re- 340 of the Public Health Service Act (42
(d) SMALL BUSINESS EMERGENCY FUNDS.— ceived by the recipient, the annual sales of U.S.C. 254b through 256).
With respect to a small business emergency the recipient, and the number of employees (j) TERMINATION.—The Program, and any
fund that receives funds from an allocation of the recipient; rules and guidance issued under subsection
made under subsection (c)— (D) to the extent available from informa- (g) with respect to the Program, shall termi-
(1) the small business emergency fund shall tion collected under subsection (e), informa- nate on the date that is 1 year after the date
establish, and make publicly available, tion regarding the number of recipients de- of enactment of this Act.
guidelines with respect to the receipt of as- scribed in subparagraph (A) that are minor-
sistance from the fund, including— ity-owned entities, minorities, women, and SA 2538. Mr. GRAHAM submitted an
(A) eligibility to receive that assistance; women-owned entities;
and amendment intended to be proposed to
(E) the zip code of each recipient described
(B) financing terms and document reten- in subparagraph (A); and amendment SA 2499 proposed by Mr.
tion requirements with respect to a recipient (F) any other information that the Sec- MCCONNELL to the bill S. 178, to con-
of that assistance; retary, in the sole discretion of the Sec- demn gross human rights violations of
(2) if the small business emergency fund retary, determines to be necessary to carry ethnic Turkic Muslims in Xinjiang, and
makes a loan to an eligible entity with those out the Program. calling for an end to arbitrary deten-
funds, the small business emergency fund (2) PUBLIC AVAILABILITY.—As soon as is tion, torture, and harassment of these
may use amounts returned to the small busi- practicable after receiving each report sub-
ness emergency fund from the repayment of
communities inside and outside China;
mitted under paragraph (1), the Secretary
the loan to provide further assistance to eli- which was ordered to lie on the table;
shall make the information contained in the
gible entities, without regard to the termi- report, including all of the information de- as follows:
nation date described in subsection (j); and scribed in subparagraphs (A) through (F) of Strike section 2 and insert the following:
(3) the small business emergency fund— that paragraph, publicly available. SEC. 2. IMPROVEMENTS TO FEDERAL PANDEMIC
(A) shall conduct outreach to eligible enti- (g) RULES AND GUIDANCE.—The Secretary, UNEMPLOYMENT COMPENSATION
ties that are less likely to participate in pro- in consultation with the Administrator, TO BETTER MATCH LOST WAGES.
grams established under the CARES Act shall issue any rules and guidance that are (a) EXTENSION.—Section 2104(e)(2) of the
(Public Law 116–136; 134 Stat. 281) and the necessary to carry out the Program, includ- Relief for Workers Affected by Coronavirus
amendments made by that Act, including ing by— Act (contained in subtitle A of title II of di-
minority-owned entities, businesses in low- (1) establishing appropriate compliance vision A of the CARES Act (Public Law 116–
income communities, businesses in rural and and reporting requirements, in addition to 136)) is amended by striking ‘‘July 31, 2020’’
Tribal areas, and other businesses that are the reporting requirements under subsection and inserting ‘‘December 31, 2020’’.
underserved by the traditional banking sys- (f); (b) IMPROVEMENTS TO ACCURACY OF PAY-
tem; (2) as soon as practicable after the date of MENTS.—
(B) in providing financing to eligible enti- enactment of this Act, issuing guidance with (1) FEDERAL PANDEMIC UNEMPLOYMENT COM-
ties with those funds, shall, to the maximum respect to the collection, maintenance, and PENSATION.—
extent practicable, give preference to eligi- reporting of information under subsections (A) IN GENERAL.—Section 2104(b) of the Re-
ble entities that have not received a loan (e) and (f) (and any requirements established lief for Workers Affected by Coronavirus Act
under section 7(a)(36) of the Small Business under paragraph (1)), including— (contained in subtitle A of title II of division
Act (15 U.S.C. 636(a)(36)), which shall have no (A) the means by which an entity to which A of the CARES Act (Public Law 116–136)) is
effect on the ability of the eligible entity to those subsections and other requirements amended—
receive a loan under such section 7(a)(36) if apply shall collect and maintain that infor- (i) in paragraph (1)(B), by striking ‘‘of
the eligible entity is otherwise eligible to re- mation; and $600’’ and inserting ‘‘equal to the amount
ceive such a loan; and (B) with respect to a report required under specified in paragraph (3)’’; and
(C) shall adopt standards that— subsection (f), or under a requirement estab- (ii) by adding at the end the following new
(i) encourage participation by the greatest lished under paragraph (1), the format that paragraph:
number of eligible entities possible; and an entity to which any such requirement ap- ‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM-
(ii) establish a reasonable expectation of plies shall use to submit such a report; and PLOYMENT COMPENSATION.—
payment with respect to financing provided (3) defining terms, other than those terms ‘‘(A) IN GENERAL.—The amount specified in
to eligible entities with those funds. that are defined in subsection (a). this paragraph is the following amount with
(e) INFORMATION GATHERING.— (h) OVERSIGHT.— respect to an individual:
(1) IN GENERAL.—When providing assistance (1) INSPECTOR GENERAL.— ‘‘(i) For weeks of unemployment beginning
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to an eligible entity with funds received (A) IN GENERAL.—The Inspector General of after the date on which an agreement is en-
from an allocation made under subsection the Department of the Treasury shall con- tered into under this section and ending on
(c), the entity providing assistance shall— duct monitoring and oversight of the receipt, or before July 31, 2020, $600.
(A) inquire whether the eligible entity is— disbursement, and use of funds under the ‘‘(ii) For weeks of unemployment begin-
(i) in the case of an eligible entity that is Program. ning after the last week under clause (i) and
a business entity or a nonprofit organiza- (B) RECOUPMENT.—If the Inspector General ending on or before September 28, 2020. $500.
tion, a women-owned entity or a minority- of the Department of the Treasury deter- ‘‘(iii) For weeks of unemployment begin-
owned entity; and mines that an entity that receives amounts ning after the last week under clause (ii) and
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4841
ending on or before December 31, 2020, an after ‘‘section 2104’’ in each of paragraphs (A) in the matter preceding paragraph (1),
amount (not to exceed $500) equal to one of (1)(A)(ii) and (2). by striking ‘‘provision for—’’ and inserting
the following, as determined by the State for (B) PANDEMIC EMERGENCY UNEMPLOYMENT ‘‘provision for each of the following:’’;
all individuals: COMPENSATION.—Section 2107 of the Relief for (B) at the end of each of paragraphs (1)
‘‘(I) Subject to subclause (II), an amount Workers Affected by Coronavirus Act (con- through (10) and paragraph (11)(B), by strik-
equal to— tained in subtitle A of title II of division A ing ‘‘; and’’ and inserting a period; and
‘‘(aa) 100 percent of the individual’s aver- of the CARES Act (Public Law 116–136)) is (C) by adding at the end the following new
age weekly wages; minus amended— paragraph:
‘‘(bb) the individual’s base amount (deter- (i) in subsection (a)(4)(A)(ii), by inserting ‘‘(13) The State system shall, in addition to
mined prior to any reductions or offsets). ‘‘with respect to the individual’’ after ‘‘sec- meeting the requirements under section 1137,
‘‘(II) If proposed by the State as an alter- tion 2104’’; and meet the following requirements:
native to subclause (I) and approved by the (ii) in subsection (b)(2), by inserting ‘‘with ‘‘(A) The system shall be capable of han-
Secretary, an amount that results in the respect to the individual’’ after ‘‘section dling a surge of claims that would represent
sum of the base amount and the amount of 2104’’. a twentyfold increase in claims from Janu-
Federal Pandemic Unemployment Com- (c) CONSISTENT TREATMENT OF EARNINGS ary 2020 levels, occurring over a one-month
pensation under this section being on aver- AND UNEMPLOYMENT COMPENSATION.—Section period.
age equal to 100 percent of lost wages. 2104(h) of the Relief for Workers Affected by ‘‘(B) The system shall be capable of—
‘‘(B) BASE AMOUNT.—For purposes of this Coronavirus Act (contained in subtitle A of ‘‘(i) adjusting wage replacement levels for
paragraph, the term ‘base amount’ means, title II of division A of the CARES Act (Pub- individuals receiving unemployment com-
with respect to an individual, an amount lic Law 116–136)) is amended by adding at the pensation;
equal to— end the following new sentence: ‘‘The pre- ‘‘(ii) adjusting weekly earnings disregards,
‘‘(i) for weeks of unemployment under the ceding sentence shall not apply to any Fed- including the ability to adjust such dis-
pandemic unemployment assistance program eral Pandemic Unemployment Compensation regards in relation to an individual’s earn-
under section 2102, the amount determined paid to an individual with respect to a week ings or weekly benefit amount; and
under subsection (d)(1)(A)(i) or (d)(2) of such of unemployment ending on or after October ‘‘(iii) providing for wage replacement lev-
section 2102, as applicable; or 5, 2020.’’. els that vary based on the duration of benefit
‘‘(ii) for all other weeks of unemployment, (d) REQUIREMENT FOR RETURN TO WORK NO- receipt.
the amount determined under paragraph TIFICATION AND REPORTING.—Section 2104(b) ‘‘(C) The system shall have in place an
(1)(A) of this subsection. of the Relief for Workers Affected by automated process for receiving and proc-
‘‘(C) AVERAGE WEEKLY WAGES.— Coronavirus Act (contained in subtitle A of essing claims for disaster unemployment as-
‘‘(i) IN GENERAL.—Subject to clause (ii), for title II of division A of the CARES Act (Pub- sistance under section 410(a) of the Robert T.
purposes of this paragraph, the term ‘aver- lic Law 116–136)) is amended by adding at the Stafford Disaster Relief and Emergency As-
age weekly wages’ means, with respect to an end the following new paragraph: sistance Act (42 U.S.C. 5177(a)), with flexi-
individual, the following: ‘‘(3) Beginning 30 days after the date of en- bility to adapt rules regarding individuals el-
‘‘(I) If the State computes the individual actment of this paragraph, any agreement igible for assistance and the amount payable.
weekly unemployment compensation benefit under this section shall require that the ‘‘(D) In the case of a State that makes pay-
amount based on an individual’s average State has in place a process to address re- ments of short-time compensation under a
weekly wages in a base period, an amount fusal to return to work or refusal of suitable short-time compensation program (as de-
equal to the individual’s average weekly work that includes the following: fined in section 3306(v) of the Internal Rev-
wages used in such computation. ‘‘(A) Providing a plain-language notice to enue Code of 1986), the system shall have in
‘‘(II) If the State computes the individual individuals at the time of applying for bene- place an automated process of receiving and
weekly unemployment compensation benefit fits regarding State law provisions relating processing claims for short-time compensa-
amount based on high quarter wages or a for- to each of the following: tion.
mula using wages across some but not all ‘‘(i) Return to work requirements. ‘‘(E) The system shall have in place an
quarters in a base period, an amount equal ‘‘(ii) Rights to refuse to return to work or automated process for receiving and proc-
to 1⁄13 of such high quarter wages or average to refuse suitable work. essing claims for—
wages of the applicable quarters used in the ‘‘(iii) How to contest the denial of a claim ‘‘(i) unemployment compensation for Fed-
computation for the individual. that has been denied due to a claim by an eral civilian employees under subchapter I of
‘‘(III) If the State uses computations other employer that the individual refused to re- chapter 85 of title 5, United States Code;
than the computations under subclause (I) or ‘‘(ii) unemployment compensation for ex-
turn to work or refused suitable work.
(II) for the individual weekly unemployment servicemembers under subchapter II of chap-
‘‘(B) Providing a plain-language notice to
compensation benefit amount, or for com- ter 85 of title 5, United States Code; and
employers through any system used by em-
putations of the weekly benefit amount ‘‘(iii) trade readjustment allowances under
ployers or any regular correspondence sent
under the pandemic unemployment assist- sections 231 through 233 of the Trade Act of
to employers regarding how to notify the
ance program under section 2102, as de- 1974 (19 U.S.C. 2291–2293).’’.
State if an individual refuses to return to
scribed in subsection (d)(1)(A)(i) or (d)(2) of (2) EFFECTIVE DATE.—The amendment
work.
such section 2102, for which subclause (I) or made by paragraph (1) shall apply to weeks
‘‘(C) Other items determined appropriate
(II) do not apply, an amount equal to 1⁄52 of of unemployment beginning on or after the
by the Secretary of Labor.’’.
the sum of all base period wages. earlier of—
(e) EFFECTIVE DATE.—The amendments
‘‘(ii) SPECIAL RULE.—If more than one of (A) the date the State changes its statutes,
made by this section (other than the amend-
the methods of computation under sub- regulations, or policies in order to comply
ment made by subsection (d)) shall take ef-
clauses (I), (II), and (III) of clause (i) are ap- with such amendment; or
fect as if included in the enactment of the
plicable to a State, then such term shall (B) October 1, 2023.
Relief for Workers Affected by Coronavirus
mean the amount determined under the ap- (b) ELECTRONIC TRANSMISSION OF UNEM-
Act (contained in subtitle A of title II of di-
plicable subclause of clause (i) that results PLOYMENT COMPENSATION INFORMATION.—Sec-
vision A of the CARES Act (Public Law 116–
in the highest amount of average weekly tion 303 of the Social Security Act (42 U.S.C.
136)).
wages.’’. 503) is amended by adding at the end the fol-
SEC. 3. SUPPLEMENTAL EMERGENCY UNEMPLOY-
(B) TECHNICAL AMENDMENT REGARDING AP- MENT RELIEF FOR GOVERNMENTAL lowing new subsection:
PLICATION TO SHORT-TIME COMPENSATION PRO- ENTITIES AND NONPROFIT ORGANI- ‘‘(n) ELECTRONIC TRANSMISSION OF UNEM-
GRAMS AND AGREEMENTS.—Section 2104(i)(2) ZATIONS. PLOYMENT COMPENSATION INFORMATION.—
of the Relief for Workers Affected by (a) IN GENERAL.—Section 903(i)(1)(B) of the ‘‘(1) IN GENERAL.—Not later than October 1,
Coronavirus Act (contained in subtitle A of Social Security Act (42 U.S.C. 1103(i)(1)(B)) is 2022, the State agency charged with adminis-
title II of division A of the CARES Act (Pub- amended by striking ‘‘one-half’’ and insert- tration of the State law shall use a system
lic Law 116–136)) is amended— ing ‘‘75 percent’’. developed (in consultation with stake-
(i) in subparagraph (C), by striking ‘‘and’’ (b) EFFECTIVE DATE.—The amendment holders) and designated by the Secretary of
at the end; made by subsection (a) shall take effect as if Labor for automated electronic transmission
(ii) in subparagraph (D), by striking the pe- included in the enactment of the Relief for of requests for information relating to unem-
riod at the end and inserting ‘‘; and’’; and Workers Affected by Coronavirus Act (con- ployment compensation and the provision of
(iii) by adding at the end the following: tained in subtitle A of title II of division A such information between such agency and
‘‘(E) short-time compensation under sec- employers or their agents.
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of the CARES Act (Public Law 116–136)).
tion 2108 or 2109.’’. SEC. 4. IMPROVEMENTS TO STATE UNEMPLOY- ‘‘(2) USE OF APPROPRIATED FUNDS.—The
(2) CONFORMING AMENDMENTS.— MENT SYSTEMS AND STRENGTH- Secretary of Labor may use funds appro-
(A) PANDEMIC UNEMPLOYMENT ASSIST- ENING PROGRAM INTEGRITY. priated for grants to States under this title
ANCE.—Section 2102(d) of the Relief for Work- (a) UNEMPLOYMENT COMPENSATION SYS- to make payments on behalf of States as the
ers Affected by Coronavirus Act (contained TEMS.— Secretary determines is appropriate for the
in subtitle A of title II of division A of the (1) IN GENERAL.—Section 303(a) of the So- use of the system described in paragraph (1).
CARES Act (Public Law 116–136)) is amended cial Security Act (42 U.S.C. 503(a)) is amend- ‘‘(3) EMPLOYER PARTICIPATION.—- The Sec-
by inserting ‘‘with respect to the individual’’ ed— retary of Labor shall work with the State
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S4842 CONGRESSIONAL RECORD — SENATE August 4, 2020
agency charged with administration of the ‘‘(1) IN GENERAL.—Not later than October 1, viding grants to States under this title for
State law to increase the number of employ- 2022, the State agency charged with adminis- the administration of State laws, recognize
ers using this system and to resolve any tration of the State law shall— and make awards to States for performance
technical challenges with the system. ‘‘(A) compare information in the National improvement, or performance exceeding the
‘‘(4) REPORTS ON USE OF ELECTRONIC SYS- Directory of New Hires established under criteria or meeting the goals established
TEM.—After the end of each fiscal year, on a section 453(i) against information about indi- under subparagraph (A); or
date determined by the Secretary, each viduals claiming unemployment compensa- ‘‘(ii) to the extent the Secretary of Labor
State shall report to the Secretary informa- tion to identify any such individuals who determines funds are available after pro-
tion on— may have become employed, in accordance viding grants to States under this title for
‘‘(A) the proportion of employers using the with any regulations or guidance that the the administration of State laws, provide in-
designated system described in paragraph (1); Secretary of Health and Human Services centive funds to high-performing States
‘‘(B) the reasons employers are not using may issue and consistent with the computer based on the measures, criteria, goals, or
such system; and matching provisions of the Privacy Act of programs established under subparagraph
‘‘(C) the efforts the State is undertaking to 1974; (A).
increase employer’s use of such system. ‘‘(B) take timely action to verify whether ‘‘(2) ENFORCEMENT.—Whenever the Sec-
‘‘(5) ENFORCEMENT.—Whenever the Sec- the individuals identified pursuant to sub- retary of Labor, after reasonable notice and
retary of Labor, after reasonable notice and paragraph (A) are employed; and opportunity for hearing to the State agency
opportunity for hearing to the State agency ‘‘(C) upon verification pursuant to subpara- charged with the administration of the State
charged with the administration of the State graph (B), take appropriate action to sus- law, finds that there is a failure to comply
law, finds that there is a failure to comply pend or modify unemployment compensation substantially with the requirements of para-
substantially with the requirements of para- payments, and to initiate recovery of any graph (1), the Secretary of Labor shall notify
graph (1), the Secretary of Labor shall notify improper unemployment compensation pay- such State agency that further payments
such State agency that further payments ments that have been made. will not be made to the State until the Sec-
will not be made to the State until the Sec- ‘‘(2) ENFORCEMENT.—Whenever the Sec- retary of Labor is satisfied that there is no
retary of Labor is satisfied that there is no retary of Labor, after reasonable notice and longer any such failure. Until the Secretary
longer any such failure. Until the Secretary opportunity for hearing to the State agency of Labor is so satisfied, such Secretary shall
of Labor is so satisfied, such Secretary shall charged with the administration of the State make no future certification to the Sec-
make no future certification to the Sec- law, finds that there is a failure to comply retary of the Treasury with respect to the
retary of the Treasury with respect to the substantially with the requirements of para- State.’’.
State.’’. graph (1), the Secretary of Labor shall notify (2) EFFECTIVE DATE.—The amendments
such State agency that further payments made by this subsection shall take effect on
(c) UNEMPLOYMENT COMPENSATION INTEG- will not be made to the State until the Sec-
RITY DATA HUB.— the date of enactment of this Act.
retary of Labor is satisfied that there is no (g) FUNDING.—Out of any money in the
(1) IN GENERAL.—Section 303(a) of the So- longer any such failure. Until the Secretary
cial Security Act (42 U.S.C. 503(a)), as Treasury of the United States not otherwise
of Labor is so satisfied, such Secretary shall appropriated, there are appropriated to the
amended by subsection (a), is amended by make no future certification to the Sec-
adding at the end the following new para- Secretary of Labor $2,000,000,000 to assist
retary of the Treasury with respect to the States in carrying out the amendments made
graph: State.’’. by this section, which may include regional
‘‘(14) The State agency charged with ad- (2) PENALTIES.— or multi-State efforts. Amounts appro-
ministration of the State law shall use the (A) IN GENERAL.—Section 453A(d) of the So- priated under the preceding sentence shall
system designated by the Secretary of Labor cial Security Act (42 U.S.C. 653a(d)), in the remain available until expended.
for cross-matching claimants of unemploy- matter preceding paragraph (1), is amended SEC. 5. FUNDING FOR STATE UNEMPLOYMENT IN-
ment compensation under State law against by striking ‘‘have the option to set a State SURANCE AND EMPLOYMENT SERV-
any databases in the system to prevent and civil money penalty which shall not exceed’’ ICE OPERATIONS.
detect fraud and improper payments.’’. and inserting ‘‘set a State civil money pen- (a) IN GENERAL.—Out of any money in the
(2) EFFECTIVE DATE.—The amendment alty which shall be no less than’’. Treasury of the United States not otherwise
made by paragraph (1) shall apply to weeks (B) EFFECTIVE DATE.—The amendment appropriated, in addition to other amounts
of unemployment beginning on or after the made by subparagraph (A) shall apply to pen- appropriated, there are appropriated for
earlier of— alties assessed on or after October 1, 2022. State unemployment insurance and employ-
(A) the date the State changes its statutes, (f) STATE PERFORMANCE.— ment service operations, $1,504,000,000, to
regulations, or policies in order to comply (1) IN GENERAL.—Section 303 of the Social prevent, prepare for, and respond to
with such amendment; or Security Act (42 U.S.C. 503), as amended by coronavirus, domestically or internation-
(B) October 1, 2022. subsections (b), (d), and (e), is amended by ally, which may be expended from the Em-
(d) REDUCING STATE BURDEN IN PROVIDING adding at the end the following new sub- ployment Security Administration Account
DATA TO PREVENT AND DETECT FRAUD.—Sec- section: in the Unemployment Trust Fund ( in this
tion 303 of the Social Security Act (42 U.S.C. ‘‘(q) STATE PERFORMANCE.— section referred to as the ‘‘Trust Fund’’).
503), as amended by subsection (b), is amend- ‘‘(1) IN GENERAL.—For purposes of assisting (b) USE.—Amounts approriated under sub-
ed by adding at the end the following new States in meeting the requirements of this section (a) shall be available as follows:
subsection: title, title IX, title XII, or chapter 23 of the (1)(A) Subject to subparagraphs (B) and (C),
Internal Revenue Code of 1986 (commonly re- $1,115,500,000 from the Trust Fund shall be
‘‘(o) USE OF UNEMPLOYMENT CLAIMS DATA
ferred to as ‘the Federal Unemployment Tax available for providing grants to States for
TO PREVENT AND DETECT FRAUD.—The Inspec-
Act’), the Secretary of Labor may— the administration of State unemployment
tor General of the Department of Labor
‘‘(A) consistent with subsection (a)(1), es- insurance laws as authorized under title III
shall, for the purpose of identifying and in-
tablish measures of State performance, in- of the Social Security Act, including grants
vestigating fraud in unemployment com-
cluding criteria for acceptable levels of per- to upgrade information technology to im-
pensation programs, have direct access to
formance, performance goals, and perform- prove the administration and processing of
each of the following systems:
ance measurement programs; unemployment compensation claims. Such
‘‘(1) The system designated by the Sec-
‘‘(B) consistent with subsection (a)(6), re- amounts shall remain available through De-
retary of Labor for the electronic trans-
quire States to provide to the Secretary of cember 31, 2021.
mission of requests for information relating
Labor data or other relevant information (B) The Secretary of Labor may distribute
to interstate claims for unemployment com-
from time to time concerning the operations amounts under subparagraph (A), with re-
pensation.
of the State or State performance, including spect to upgrading information technology,
‘‘(2) The system designated by the Sec-
the measures, criteria, goals, or programs es- based on the condition and needs of the
retary of Labor for cross-matching claimants
tablished under paragraph (1); State information technology systems or
of unemployment compensation under State
‘‘(C) require States with sustained failure other appropriate factors, which may include
law against databases to prevent and detect
to meet acceptable levels of performance or the ratio described under section 903(a)(2)(B)
fraud and improper payments (as referred to
with performance that is substantially below of the Social Security AcT (42 U.S.C.
in subsection (a)(14).’’.
acceptable standards, as determined based on 1103(a)(2)(B)).
(e) USE OF NATIONAL DIRECTORY OF NEW the measures, criteria, goals, or programs es- (C) Grant funds provided to States under
HIRES IN ADMINISTRATION OF UNEMPLOYMENT tablished under subparagraph (A), to imple- this paragraph for upgrading information
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COMPENSATION PROGRAMS AND PENALTIES ON ment specific corrective actions and use technology shall be available for obligation
NONCOMPLYING EMPLOYERS.— specified amounts of the administrative by the States through September 30, 2027 and
(1) IN GENERAL.—Section 303 of the Social grants under this title provided to such available for expenditure by the States
Security Act (42 U.S.C. 503), as amended by States to improve performance; and through September 30, 2028.
subsections (b) and (d), is amended by adding ‘‘(D) based on the data and other informa- (2) $38,500,000 from the Trust Fund shall be
at the end the following new subsection: tion provided under subparagraph (B)— available for national activities necessary to
‘‘(p) USE OF NATIONAL DIRECTORY OF NEW ‘‘(i) to the extent the Secretary of Labor support the administration of the Federal-
HIRES.— determines funds are available after pro- State unemployment insurance system. Such
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August 4, 2020 CONGRESSIONAL RECORD — SENATE S4843
amounts shall remain available through Sep- ‘‘(ii) as to which the Secretary determines ‘‘(i) not less than 50 percent of contracts by
tember 30, 2021. that a sufficient quantity of a satisfactory value entered into for products described in
(3) $350,000,000 from the Trust Fund shall be quality of such item that is grown, reproc- subparagraph (B) by September 30, 2021;
available for providing grants to States in essed, reused, or produced in the United ‘‘(ii) not less than 75 percent of contracts
accordance with section 6 of the Wagner- States cannot be procured as, and when, by value entered into for products described
Peyser Act. Such amounts shall remain needed; or in subparagraph (B) by March 31, 2022; and
available through June 30, 2021. ‘‘(iii) if, after maximizing to the extent ‘‘(iii) not less than 100 percent of contracts
SEC. 6. EMERGENCY DESIGNATION. feasible sources consistent with subpara- by value entered into for products described
(a) IN GENERAL.—The amounts provided by graph (A), the Secretary certifies every 90 in subparagraph (B) by a date that is not less
this Act and the amendments made by this days that it is necessary to procure products than 2 years after the date of enactment of
Act are designated as an emergency require- under this paragraph under expedited proce- this paragraph.’’.
ment pursuant to section 4(g) of the Statu- dures to respond to the immediate needs of a SEC. l13. INVESTMENT CREDIT FOR QUALIFYING
tory Pay-As-You-Go Act of 2010 (2 U.S.C. public health emergency pursuant to section MEDICAL PERSONAL PROTECTIVE
933(g)). EQUIPMENT MANUFACTURING
319.
(b) DESIGNATION IN SENATE.—In the Senate, PROJECTS.
‘‘(D) EXCEPTION FOR SMALL PROCURE-
this Act and the amendments made by this (a) IN GENERAL.—Subpart E of part IV of
MENTS.—Subparagraph (A) shall not apply to
Act are designated as an emergency require- subchapter A of chapter 1 of the Internal
procurements for amounts that do not ex-
ment pursuant to section 4112(a) of H. Con. Revenue Code of 1986 is amended by inserting
ceed $150,000. A proposed procurement for an
Res. 71 (115th Congress), the concurrent reso- after section 48C the following new section:
amount in excess of $150,000 may not be di-
lution on the budget for fiscal year 2018. ‘‘SEC. 48D.
QUALIFYING MEDICAL PERSONAL
vided into several procurements or contracts PROTECTIVE EQUIPMENT MANUFAC-
SA 2539. Mr. GRAHAM submitted an for lesser amounts in order to qualify for the TURING PROJECT CREDIT.
exception under this subparagraph. ‘‘(a) IN GENERAL.—For purposes of section
amendment intended to be proposed to ‘‘(E) CONSULTATION.—The Secretary shall 46, the qualifying medical personal protec-
amendment SA 2499 proposed by Mr. consult with the United States Trade Rep- tive equipment manufacturing project credit
MCCONNELL to the bill S. 178, to con- resentative on a matter under this sub- for any taxable year is an amount equal to 30
demn gross human rights violations of section that concerns an obligation of the percent of the qualified investment for such
ethnic Turkic Muslims in Xinjiang, and United States under any international trade taxable year with respect to any qualifying
calling for an end to arbitrary deten- agreement. medical personal protective equipment man-
tion, torture, and harassment of these ‘‘(F) NOTIFICATION REQUIRED WITHIN 7 DAYS ufacturing project of the taxpayer.
communities inside and outside China; AFTER PROCUREMENT CONTRACT AWARD IF CER- ‘‘(b) QUALIFIED INVESTMENT.—
TAIN EXCEPTIONS APPLIED.—In the case of any ‘‘(1) IN GENERAL.—For purposes of sub-
which was ordered to lie on the table;
procurement contracts of an item described section (a), the qualified investment for any
as follows: in subparagraph (B), if the Secretary applies taxable year is—
At the appropriate place, insert the fol- the exception described in subparagraph (C) ‘‘(A) in the case of any eligible property
lowing: with respect to that procurement contract, placed in service by the taxpayer during such
TITLE ll—RESTORING CRITICAL SUPPLY the Secretary shall, not later than 7 days taxable year, the basis of such property, and
CHAINS AND INTELLECTUAL PROPERTY after the awarding of the procurement con- ‘‘(B) in the case of any property previously
SEC. l01. SHORT TITLE. tract, post a notification that the exception placed in service by the taxpayer during any
This title may be cited as the ‘‘Restoring has been applied on the relevant Internet period before such taxable year which quali-
Critical Supply Chains and Intellectual website maintained by the General Services fies as eligible property for such taxable
Property Act’’. Administration, except for any information year, the adjusted basis of such property (as
Subtitle A—U.S. MADE Act that is exempt from mandatory disclosure determined as of the beginning of such tax-
SEC. l11. SHORT TITLE. under section 552 of title 5, United States able year).
This subtitle may be cited as the ‘‘United Code. ‘‘(2) CERTAIN QUALIFIED PROGRESS EXPENDI-
States Manufacturing Availability of Domes- ‘‘(G) TRAINING DURING FISCAL YEAR 2021.— TURES RULES MADE APPLICABLE.—Rules simi-
tic Equipment Act’’ or the ‘‘U.S. MADE Act ‘‘(i) IN GENERAL.—The Secretary shall en- lar to the rules of subsections (c)(4) and (d) of
of 2020’’. sure that each member of the acquisition section 46 (as in effect on the day before the
SEC. l12. DOMESTIC PURCHASING REQUIRE- workforce in the Department of Health and enactment of the Revenue Reconciliation
MENT FOR PERSONAL PROTECTIVE Human Services who participates substan- Act of 1990) shall apply for purposes of this
EQUIPMENT ACQUISITIONS FOR THE tially on a regular basis in procurements re- section.
STRATEGIC NATIONAL STOCKPILE. lated to the maintenance of the Strategic ‘‘(3) LIMITATION.—The amount which is
Section 319F–2(a) of the Public Health National Stockpile receives training during treated as the qualified investment for all
Service Act (42 U.S.C. 247d–6b(a)) is amended fiscal year 2021 on the requirements of this taxable years with respect to any qualifying
by adding at the end the following: paragraph. medical personal protective equipment man-
‘‘(6) DOMESTIC PROCUREMENT REQUIREMENT ‘‘(ii) INCLUSION OF INFORMATION IN NEW ufacturing project shall not exceed the
FOR PERSONAL PROTECTIVE EQUIPMENT.— TRAINING PROGRAMS.—The Secretary shall amount designated by the Secretary as eligi-
‘‘(A) REQUIREMENT.—Except as provided in ensure that any training program for the ac- ble for the credit under this section.
subparagraphs (C) and (D), funds appro- quisition workforce, as described in clause ‘‘(c) DEFINITIONS.—
priated or otherwise available to the Sec- (i), developed or implemented after fiscal ‘‘(1) QUALIFYING MEDICAL PERSONAL PROTEC-
retary for the Strategic National Stockpile year 2021, includes comprehensive informa- TIVE EQUIPMENT MANUFACTURING PROJECT.—
may not be used for the procurement of an tion on the requirements described in sub- ‘‘(A) IN GENERAL.—The term ‘qualifying
item described in subparagraph (B) unless paragraph (A). medical personal protective equipment man-
the item was grown, reprocessed, reused, or ‘‘(H) EFFECTIVE DATE.—The Secretary shall ufacturing project’ means a project—
produced in the United States. increase the percentage of contracts by value ‘‘(i) which re-equips, expands, establishes,
‘‘(B) COVERED ITEMS.—An item described in entered into for products described in sub- or continues a manufacturing facility for the
this subparagraph is an article or item of— paragraph (B) incrementally to 100 percent production of—
‘‘(i) personal protective equipment and as soon as practicable, but in no event later ‘‘(I) any item described in paragraph (6)(B)
clothing (and the materials and components than the end of the 5-year period beginning of section 319F–2(a) of the Public Health
thereof), other than sensors, electronics, or on the date of enactment of this paragraph. Service Act (42 U.S.C. 247d–6b(a)), or
other items added to, and not normally asso- The Secretary shall notify the Committee on ‘‘(II) any textile products for medical ap-
ciated with, such personal protective equip- Health, Education, Labor, and Pensions of plications which are not described in sub-
ment; the Senate and the Committee on Energy clause (I), as identified by the Secretary, in
‘‘(ii) sanitizing supplies and ancillary med- and Commerce of the House of Representa- consultation with the Secretary of Health
ical supplies such as disinfecting wipes, pri- tives within 60 days of such date of enact- and Human Services, and
vacy curtains, beds and bedding, testing ment regarding the percentage of products ‘‘(ii) any portion of the qualified invest-
swabs, gauze and bandages, tents, tarpaulins, described in subparagraph (B) that meet the ment of which is certified by the Secretary
covers, or bags; or requirements of this paragraph. under subsection (d) as eligible for a credit
‘‘(iii) any other textile medical supplies ‘‘(I) REPORT.—Not later than 90 days after under this section.
and textile equipment described in para- the date of enactment of this paragraph, the ‘‘(B) EXCEPTION.—Subclause (I) of subpara-
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graph (1). Secretary shall submit to the Committee on graph (A)(i) shall not include sensors, elec-
‘‘(C) AVAILABILITY EXCEPTION.—Subpara- Health, Education, Labor, and Pensions of tronics, or other items added to, and not nor-
graph (A) shall not apply to an item de- the Senate and the Committee on Energy mally associated with, equipment or cloth-
scribed in subparagraph (B)— and Commerce of the House of Representa- ing described in such subclause.
‘‘(i) that is, or that includes, a material tives a report assessing the implementation ‘‘(2) ELIGIBLE PROPERTY.—The term ‘eligi-
listed in section 25.104 of the Federal Acqui- of this paragraph and the feasibility of ap- ble property’ means any property—
sition Regulation as one for which a non- plying the requirements of this paragraph ‘‘(A) which is necessary for the production
availability determination has been made; to— of property described in paragraph (1)(A)(i),
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