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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

Cite this document

“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/, SHA-256 7ffeac082874861c00c03f4a230f3557cc8d1d590fd7911a1c765d54eeb347be.

Full text

                                               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.




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       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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