Congressional Record, Senate - August 5, 2020, S4948
Summary
This is page S4948 of the Congressional Record, Senate, August 5, 2020, with interleaved columns. It prints the end of a proposal for Small Business Administration disaster loans to businesses with average annual receipts of not more than $2,000,000 that were damaged by civil unrest beginning May 26, 2020 in Minneapolis. It includes an emergency grant advance, loan forgiveness of 75 percent of the loan amount for eligible entities, and a direct appropriation of $80,000,000 for the Small Business Administration. The page also prints SA 2571, submitted by Mr. Johnson as an amendment to amendment SA 2499 proposed by Mr. McConnell, which amends the Pandemic Response Accountability Committee provisions.
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“Congressional Record, Senate - August 5, 2020, S4948.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4948-2af33f206c/
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S4948 CONGRESSIONAL RECORD — SENATE August 5, 2020
(1) the terms ‘‘Administration’’ and ‘‘Ad- (1) are deferred until June 30, 2022, and inter- the allowable uses for a loan under sub-
ministrator’’ mean the Small Business Ad- est shall not begin to accrue until such date. section (b)(1).
ministration and the Administrator thereof, (5) APPLICATION.— (5) REPAYMENT.—
respectively; (A) IN GENERAL.—Not later than 7 days (A) IN GENERAL.—Except as provided under
(2) the term ‘‘covered period’’ means the after the date of enactment of this Act, the subparagraph (B), an eligible entity that re-
period beginning on May 26, 2020 and ending Administrator shall begin to accept applica- ceives an advance under this subsection shall
on July 1, 2020; and tions for a loan under paragraph (1). not be required to repay any amounts of the
(3) the term ‘‘eligible entity’’ means a busi- (B) DEADLINE.—An eligible entity desiring advance.
ness concern— a loan under this subsection shall submit to (B) RETURN OF ADVANCE.—If an applicant
(A) with average annual receipts (as de- the Administrator an application not later for a loan under subsection (b)(1) is later de-
fined in section 121.104 of title 13, Code of than December 31, 2020. termined to be ineligible for the loan be-
Federal Regulations, or any successor regu- (C) APPROVAL AND ABILITY TO REPAY.—With cause the applicant does not meet the re-
lation) of not more than $2,000,000; and respect to an applicant for a loan made quirements to be an eligible entity described
(B) that— under paragraph (1), the Administrator in subsection (a)(3), the applicant shall re-
(i) is located within an area for which the may— turn to the Administrator any advance
Administrator declared a disaster in accord- (i) approve the applicant based on the cred- amount provided under this subsection—
ance with section 123.3(a)(3) of title 13, Code it score or personal guarantee of the appli- (i) not later than 90 days after receiving
of Federal Regulations, or any successor reg- cant; or notice of the determination of ineligibility;
ulation, with respect to civil unrest that (ii) use alternative appropriate methods to or
began on May 26, 2020 in Minneapolis, Min- determine the applicant’s ability to repay. (ii) if the Administrator determines that
nesota and spread across the United States; (6) USE OF FUNDS.—A recipient of a loan the applicant submitted the application in
and made under paragraph (1) shall use the loan bad faith, not later than 30 days after receiv-
(ii) incurred damage to real or personal proceeds to repair, rehabilitate, or replace ing notice of that determination, plus inter-
property of the business concern during the property, real or personal, damaged or de- est in an amount equal to 4.75 percent of the
covered period as a result of the civil unrest stroyed during the covered period as a result advance.
described in clause (i). of the civil unrest described in subsection (d) RESOURCES AND SERVICES IN LANGUAGES
(b) BUSINESS PHYSICAL DISASTER LOANS.— (a)(3)(B)(i), provided that such damage or de- OTHER THAN ENGLISH.—The Administrator
(1) IN GENERAL.—Except as otherwise pro- struction is not compensated for by insur- shall provide the resources and services
vided in this subsection, an eligible entity ance, a grant from a State or local govern- made available by the Administration relat-
shall be eligible for a loan made by the Ad- ment, or otherwise. ing to the loans and grants available under
ministration under section 7(b)(1) of the (7) LOAN FORGIVENESS.— this section to eligible entities in the 10
Small Business Act (15 U.S.C. 636(b)(1)) under (A) IN GENERAL.—An eligible entity that most commonly spoken languages, other
the same terms, conditions, and processes as received a loan made under paragraph (1), or than English, in the United States, which
a loan made under such section to repair, re- an eligible entity that received a loan under shall include Mandarin, Cantonese, Japa-
habilitate, or replace property, real or per- section 7(b)(1) of the Small Business Act (15 nese, and Korean.
sonal, of the eligible entity that was dam- U.S.C. 636(b)(1)) before the date of enactment (e) REGULATIONS.—The Administrator shall
aged or destroyed during the covered period of this Act related to the civil unrest de- issue guidance and rules to carry out this
as a result of the civil unrest described in scribed in subsection (a)(3)(B)(i), shall be eli- section.
subsection (a)(3)(B)(i). gible for forgiveness of indebtedness equal to (f) DIRECT APPROPRIATION.—
(2) DISASTER DECLARATION.—With respect 75 percent of the loan amount if the eligible (1) IN GENERAL.—There is appropriated, out
to the disaster declaration described in sub- entity— of amounts in the Treasury not otherwise
section (a)(3)(B)(i) for a loan made under (i) submits to the Administrator docu- appropriated, for the fiscal year ending Sep-
paragraph (1), the requirement under section mentation of sales for 2019 and 2020 and tax tember 30, 2020, for an additional amount for
123.3(a)(3)(ii) of title 13, Code of Federal Reg- returns for 2019 and 2020; and ‘‘Small Business Administration—HEAL
ulations, or any successor regulation, that 25 (ii) the eligible entity is in operation as of Act’’, $80,000,000, to remain available until
percent or more of the work force in the area December 31, 2021.
September 30, 2021, for carrying out this sec-
would be unemployed for not fewer than 90 (B) AMOUNTS NOT FORGIVEN.—Any remain-
days shall not apply. tion.
ing amount of a loan described in subpara-
(3) LOAN AMOUNT.— (2) EMERGENCY DESIGNATION.—
graph (A) that is not forgiven under this
(A) IN GENERAL.—The amount of a loan (A) IN GENERAL.—The amounts provided
paragraph as of December 31, 2021 shall—
made under paragraph (1) shall be equal to under this subsection are designated as an
(i) be considered a loan made under section
100 percent of the amount required to repair, emergency requirement pursuant to section
7(b)(1) of the Small Business Act (15 U.S.C.
rehabilitate, or replace property, real or per- 4(g) of the Statutory Pay-As-You-Go Act of
636(b)(1));
sonal, of the eligible entity that— 2010 (2 U.S.C. 933(g)).
(ii) bear an interest rate of 3.75 percent;
(i) was damaged or destroyed during the (B) DESIGNATION IN SENATE.—In the Senate,
and
covered period as a result of the civil unrest this subsection is designated as an emer-
(iii) have a 30-year term.
described in subsection (a)(3)(B)(i); and gency requirement pursuant to section
(8) DUPLICATION.—An eligible entity that
(ii) is not compensated for by— 4112(a) of H. Con. Res. 71 (115th Congress), the
received a loan under subsection (a)(36) or
(I) insurance; concurrent resolution on the budget for fis-
(b)(2) of section 7 of the Small Business Act
(II) a grant from a State or local govern- cal year 2018.
(15 U.S.C. 636) before the date of enactment
ment; or of this Act shall be eligible for a loan under
(III) any other means. paragraph (1) if the proceeds of the loan
SA 2571. Mr. JOHNSON submitted an
(B) DEDUCTION OF ADVANCE AMOUNT.—The made under such subsection (a)(36) or (b)(2) amendment intended to be proposed to
amount of any advance received by an eligi- are not used for the same expenses as the amendment SA 2499 proposed by Mr.
ble entity under subsection (c) shall be de- loan under paragraph (1). MCCONNELL to the bill S. 178, to con-
ducted from the loan amount for the eligible (c) EMERGENCY GRANT.— demn gross human rights violations of
entity under subparagraph (A). (1) IN GENERAL.—An eligible entity that ap- ethnic Turkic Muslims in Xinjiang, and
(4) TERMS; CREDIT ELSEWHERE.— plies for a loan under subsection (b)(1) may calling for an end to arbitrary deten-
(A) IN GENERAL.—With respect to a loan request that the Administrator provide an
tion, torture, and harassment of these
made to an eligible entity under paragraph advance, subject to paragraph (3), to the eli-
(1)— gible entity not later than 10 days after the communities inside and outside China;
(i) the Administrator shall waive— date on which the Administrator receives an which was ordered to lie on the table;
(I) any rules related the personal guar- application from the eligible entity. as follows:
antee on loans of not more than $200,000 dur- (2) VERIFICATION.—Before disbursing At the appropriate place, insert the fol-
ing the covered period for all applicants; and amounts under this subsection, the Adminis- lowing:
(II) any requirement that an applicant trator shall verify that the applicant is an SEC. ll. AMENDMENTS TO THE PANDEMIC RE-
needs to be in business for the 1-year period eligible entity by accepting a self-certifi- SPONSE ACCOUNTABILITY COM-
before the civil unrest described in sub- cation from the applicant under penalty of MITTEE.
section (a)(3)(B)(i), except that no waiver perjury pursuant to section 1746 of title 28, (a) APPROPRIATIONS.—
may be made for an eligible entity that was United States Code. (1) IN GENERAL.—The matter under the
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not in operation on January 31, 2020; (3) AMOUNT.—The amount of an advance heading ‘‘Independent Agencies—Pandemic
(ii) the eligible entity shall not be required provided to an eligible entity under this sub- Response Accountability Committee’’ in
to show that the eligible entity is unable to section shall be the lesser of— title V of division B of the CARES Act (Pub-
obtain credit elsewhere; and (A) 20 percent of the amount requested by lic Law 116–136) is amended by striking
(iii) no collateral shall be required for the the eligible entity; or ‘‘funds provided in’’ and inserting ‘‘covered
loan. (B) $10,000. funds as provided in section 15010 of’’.
(B) REPAYMENT.—Any payments on a loan (4) USE OF FUNDS.—An advance received (2) EMERGENCY DESIGNATION.—The amounts
made to an eligible entity under paragraph under this subsection shall only be used for repurposed in the matter under the heading
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4949
‘‘Independent Agencies—Pandemic Response than 120 days after the date of enactment of from the Civil Service Retirement and Dis-
Accountability Committee’’ in title V of di- this Act. ability Fund becomes employed in a position
vision B of the CARES Act (Public Law 116– (3) CONTRACTS AND AGREEMENTS.—A cooper- in the Office of the Special Inspector General
136), as amended by paragraph (1), that were ative agreement or contract that is entered for Pandemic Recovery—
previously designated by the Congress as an into under paragraph (1)— ‘‘(i) the annuity of that annuitant shall
emergency requirement pursuant to the Bal- (A) shall not be subject to any requirement continue; and
anced Budget and Emergency Deficit Control relating to the procurement of matching ‘‘(ii) that reemployed annuitant shall not
Act of 1985 are designated by the Congress as funds under any other provision of law; and be considered to be an employee for the pur-
an emergency requirement pursuant to sec- (B) may contain such terms and conditions poses of chapter 83 or 84 of title 5, United
tion 251(b)(2)(A)(i) of the Balanced Budget as the Secretary requires. States Code.
and Emergency Deficit Control Act of 1985. (d) SUBMISSION OF LIST OF PROJECTS TO ‘‘(B) LIMITATIONS.—Subparagraph (A) shall
(b) DEFINITION OF COVERED FUNDS.—Sec- CONGRESS.—Not later than 180 days after the apply to—
tion 15010(a)(6) of division B of the CARES date of enactment of this Act, and annually ‘‘(i) not more than 25 employees of the Of-
Act (Public Law 116–136) is amended— thereafter for each fiscal year for which fice of the Special Inspector General for Pan-
(1) in subparagraph (A), by striking ‘‘this amounts made available under subsection (b) demic Recovery at any particular time, as
Act’’ and inserting ‘‘divisions A and B of the are expended, the Secretary shall submit to designated by the Special Inspector General;
Coronavirus Aid, Relief, and Economic Secu- the Committee on Energy and Natural Re- and
rity Act (Public Law 116–136)’’; sources of the Senate and the Committee on ‘‘(ii) pay periods beginning after the date
(2) in subparagraph (C), by striking ‘‘or’’ at Natural Resources of the House of Rep- of enactment of this paragraph.’’.
the end; and resentatives a list of projects described in
(3) by striking subparagraph (D) and in- subparagraphs (A) and (B) of subsection (c)(1) SA 2574. Mr. CRAMER (for himself,
serting the following: that— Mr. COTTON, Mr. PERDUE, Mrs. CAPITO,
‘‘(D) the Paycheck Protection Program (1) meet the criteria described in this sec- Mr. MORAN, Mr. BARRASSO, Mr. TILLIS,
and Health Enhancement Act (Public Law tion; and Mr. BLUNT, Mr. BOOZMAN, Ms.
116–139); or (2) have been, or are expected to be, funded
‘‘(E) the Coronavirus Relief Fair Unem- from amounts made available under sub-
MCSALLY, Ms. MURKOWSKI, Mr. DAINES,
ployment Compensation Act of 2020; and’’. section (b). Mrs. LOEFFLER, Mr. WICKER, Mr.
(c) APPOINTMENT OF CHAIRPERSON.—Section ROUNDS, and Mr. LANKFORD) submitted
15010(c) of division B of the CARES Act (Pub- SA 2573. Mr. GRASSLEY submitted an amendment intended to be proposed
lic Law 116–136) is amended— an amendment intended to be proposed to amendment SA 2499 proposed by Mr.
(1) in paragraph (1), by striking ‘‘and (D)’’ to amendment SA 2499 proposed by Mr. MCCONNELL to the bill S. 178, to con-
and inserting ‘‘(D), and (E)’’; and
MCCONNELL to the bill S. 178, to con- demn gross human rights violations of
(2) in paragraph (2)(E), by inserting ‘‘of the
Council’’ after ‘‘Chairperson’’. demn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and
ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary deten-
SA 2572. Mr. DAINES submitted an calling for an end to arbitrary deten- tion, torture, and harassment of these
amendment intended to be proposed to tion, torture, and harassment of these communities inside and outside China;
amendment SA 2499 proposed by Mr. communities inside and outside China; which was ordered to lie on the table;
MCCONNELL to the bill S. 178, to con- which was ordered to lie on the table; as follows:
demn gross human rights violations of as follows: At the appropriate place, insert the fol-
ethnic Turkic Muslims in Xinjiang, and At the appropriate place, insert the fol- lowing:
calling for an end to arbitrary deten- lowing: SEC. ll. LOAN FORGIVENESS FOR PPP LOANS
tion, torture, and harassment of these SEC. lll. SPECIAL INSPECTOR GENERAL FOR UNDER $150,000.
communities inside and outside China; PANDEMIC RECOVERY. Section 1106 of the CARES Act (15 U.S.C.
which was ordered to lie on the table; Section 4018(e) of the CARES Act (15 U.S.C. 9005) is amended—
as follows: 9053) is amended— (1) in subsection (e), in the matter pre-
(1) in paragraph (1)— ceding paragraph (1), by striking ‘‘An eligi-
At the appropriate place, insert the fol-
(A) by striking ‘‘The Special’’ and insert- ble’’ and inserting ‘‘Except as provided in
lowing:
ing the following: subsection (m), an eligible’’;
SEC. ll. ESTABLISHMENT AND USE OF TRAIL
STEWARDSHIP FOR ECONOMIC RE-
‘‘(A) IN GENERAL.—Subject to subparagraph (2) in subsection (f), by inserting ‘‘or the
COVERY FUND. (B), the Special’’; and information required under subsection (m),
(a) ESTABLISHMENT.—There is established (B) by adding at the end the following: as applicable’’ after ‘‘subsection (e)’’;
in the Treasury of the United States a fund, ‘‘(B) ADDITIONAL AUTHORITIES.— (3) by striking subsection (h) and inserting
to be known as the ‘‘Trail Stewardship for ‘‘(i) IN GENERAL.—Subject to clause (ii), the the following:
Economic Recovery Fund’’ (referred to in Special Inspector General may exercise any ‘‘(h) HOLD HARMLESS.—
this section as the ‘‘Fund’’). authority provided to the head of a tem- ‘‘(1) IN GENERAL.—A lender may rely on all
(b) DEPOSIT INTO THE FUND.—On the date of porary organization under section 3161 of certifications and documentation submitted
enactment of this Act, out of amounts in the title 5, United States Code, without regard by an applicant or eligible recipient pursu-
Treasury not otherwise obligated, the Sec- to whether the Office of the Special Inspec- ant to any requirement in statute regarding
retary of the Treasury shall deposit into the tor General for Pandemic Recovery qualifies covered loans, or rules or guidance promul-
Fund $200,000,000, to remain available until as a temporary organization under sub- gated to carry out any action relating to
expended and without further appropriation section (a) of that section. covered loans, from an applicant or eligible
or fiscal year limitation, to carry out the ‘‘(ii) LIMITATIONS.—With respect to the ex- recipient attesting that the applicant or eli-
purposes described in subsection (c). ercise of authority under subsection (b) of gible recipient has accurately verified all
(c) USE OF FUND.— section 3161 of title 5, United States Code, as documentation provided to the lender.
(1) IN GENERAL.—The Secretary of Agri- permitted under clause (i) of this subpara- ‘‘(2) NO ENFORCEMENT ACTION.—With re-
culture, acting through the Chief of the For- graph— spect to a lender that relies on the certifi-
est Service (referred to in this section as the ‘‘(I) the Special Inspector General may not cations and documentation described in
‘‘Secretary’’), shall use amounts in the Fund make any appointment under that sub- paragraph (1)—
to enter into cooperative agreements or con- section on or after the later of— ‘‘(A) no enforcement or other action may
tracts with an outfitter or guide to com- ‘‘(aa) the date that is 180 days after the be taken against the lender relating to loan
plete, on National Forest System land— date of enactment of this subparagraph; or origination, forgiveness, or guarantee based
(A) trail maintenance projects; and ‘‘(bb) the date that is 180 days after the on such reliance, including claims under—
(B) additional invasive plant and noxious date on which the Special Inspector General ‘‘(i) the Small Business Act (15 U.S.C. 631
weed prevention and control projects. is confirmed by the Senate; et seq.);
(2) PREFERENCE.—In entering into coopera- ‘‘(II) paragraph (2) of that subsection (re- ‘‘(ii) sections 3729 through 3733 of title 31,
tive agreements or contracts under para- lating to periods of appointments) shall not United States Code (commonly known as the
graph (1), the Secretary shall— apply; and ‘False Claims Act’);
(A) give preference to projects described in ‘‘(III) no period of an appointment made ‘‘(iii) the Financial Institutions Reform,
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subparagraphs (A) and (B) of paragraph (1) under that subsection may extend after the Recovery, and Enforcement Act (Public Law
that can be performed in an area that the date on which the Office of the Special In- 101–73);
Secretary has selected as a priority area spector General for Pandemic Recovery ter- ‘‘(iv) section 21 of the Federal Deposit In-
under section 5 of the National Forest Sys- minates under subsection (h).’’; and surance Act (12 U.S.C. 1829b), chapter 2 of
tem Trails Stewardship Act (16 U.S.C. 583k– (2) by adding at the end the following: title I of Public Law 91–508 (12 U.S.C. 1951 et
3); and ‘‘(5) REEMPLOYMENT OF ANNUITANTS.— seq.), and subchapter II of chapter 53 of title
(B) expedite projects with the goal of initi- ‘‘(A) IN GENERAL.—Subject to subparagraph 31, United States Code (collectively known
ating the majority of the projects not later (B), if an annuitant receiving an annuity as the ‘Bank Secrecy Act’); or
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