Congressional Record, Senate, August 5, 2020, Page S4949
Summary
A page of the Congressional Record, Senate, dated August 5, 2020, at page S4949, made up of amendment text. It amends the CARES Act definition of covered funds and designates certain amounts as an emergency requirement under the Balanced Budget and Emergency Deficit Control Act, and it lets annuitants reemployed in the Office of the Special Inspector General for Pandemic Recovery keep their annuity for not more than 25 employees. SA 2574, submitted by Mr. Cramer and several cosponsors, requires the Secretary to submit a list of projects to the Committees on Energy and Natural Resources and Natural Resources within 180 days. The page ends with text of a credit for businesses with limits by calendar quarter.
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“Congressional Record, Senate, August 5, 2020, Page S4949.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4949-3-dd933b5599/
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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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S4950 CONGRESSIONAL RECORD — SENATE August 5, 2020
‘‘(v) any other Federal, State, or other (i) has a household income, at the time of ter, such excess shall be treated as an over-
criminal or civil law or regulation; and the nonpayment or underpayment, that does payment that shall be refunded under sec-
‘‘(B) the lender shall not be subject to any not exceed 135 percent of the Federal poverty tions 6402(a) and 6413(b) of the Internal Rev-
penalties relating to loan origination, for- guidelines (as determined by the Secretary enue Code of 1986.
giveness, or guarantee based on such reli- of Health and Human Services); (B) TREATMENT OF PAYMENTS.—For pur-
ance.’’; and (ii) is unable to make a full payment due poses of section 1324 of title 31, United States
(4) by adding at the end the following: specifically to the economic impact of the Code, any amounts due to an employer under
‘‘(m) FORGIVENESS FOR COVERED LOANS national emergency described in paragraph this paragraph shall be treated in the same
UNDER $150,000.— (3); and manner as a refund due from a credit provi-
‘‘(1) IN GENERAL.—Notwithstanding sub- (iii) provides sufficient documentation to sion referred to in subsection (b)(2) of such
section (e), with respect to a covered loan the provider to show that the customer section.
made to an eligible recipient that is not meets the criteria under clauses (i) and (ii); (c) DEFINITIONS.—For purposes of this sec-
more than $150,000, the covered loan amount (3) the term ‘‘COVID–19 emergency period’’ tion—
shall be forgiven under this section if the eli- means the period during which the national (1) APPLICABLE EMPLOYMENT TAXES.—The
gible recipient submits to the lender a one- emergency declaration by the President term ‘‘applicable employment taxes’’ means
page online or paper form, to be established under the National Emergencies Act (50 the following:
by the Administrator not later than 7 days U.S.C. 1601 et seq.) with respect to the (A) The taxes imposed under section 3111(a)
after the date of enactment of this sub- Coronavirus Disease 2019 (COVID–19) is in ef- of the Internal Revenue Code of 1986.
section, that attests that the eligible recipi- fect; and (B) So much of the taxes imposed under
ent complied with the requirements under (4) the term ‘‘small business broadband section 3221(a) of such Code as are attrib-
section 7(a)(36) of the Small Business Act (15 provider’’ means a broadband provider that utable to the rate in effect under section
U.S.C. 636(a)(36)). provides broadband service to fewer than 3111(a) of such Code.
‘‘(2) HOLD HARMLESS.—With respect to a 500,000 customers. (2) ELIGIBLE EMPLOYER.—
lender that relies on an attestation sub- (c) FUNDING.— (A) IN GENERAL.—The term ‘‘eligible em-
mitted by an eligible recipient under para- (1) APPROPRIATION.—Out of any funds in ployer’’ means any employer—
graph (1), no enforcement action may be the Treasury not otherwise appropriated, (i) which was carrying on a trade or busi-
taken against the lender for any falsehoods there is appropriated to the Commission ness at any time during calendar quarter,
contained in the attestation. $2,000,000,000 for fiscal year 2020, to remain and
‘‘(3) DEMOGRAPHIC INFORMATION.—The on- available until expended, to reimburse small (ii) which has not more than 2,000 full-time
line or paper form established by the Admin- business broadband providers for the costs of equivalent employees (within the meaning of
istrator under paragraph (1) shall include a carrying out a covered program. section 45R(d)(2) of the Internal Revenue
means by which an eligible recipient may, at (2) RULES.—The Commission shall promul- Code of 1986) for the taxable year.
the discretion of the eligible recipient, sub- gate rules on an expedited basis, and without (B) TAX-EXEMPT ORGANIZATIONS.—In the
case of an organization which is described in
mit demographic information of the owner of regard to section 553 of title 5, United States
section 501(c) of the Internal Revenue Code
the eligible recipient, including the sex, Code, regarding the provision of reimburse-
of 1986 and exempt from tax under section
race, ethnicity, and veteran status of the ments to small business broadband providers
501(a) of such Code, subparagraph (A)(i) shall
owner. under paragraph (1).
apply to all operations of such organization.
‘‘(n) ENFORCEMENT ACTION AGAINST BOR-
SA 2576. Mr. CRAMER submitted an (3) QUALIFIED EXPENSES.—For purposes of
ROWERS.—An eligible recipient of a covered
this section—
loan may only be subject to an enforcement amendment intended to be proposed to (A) IN GENERAL.—The term ‘‘qualified ex-
action or penalty relating to loan origina- amendment SA 2499 proposed by Mr. penses’’ means any amount paid or incurred
tion, forgiveness, or guarantee of the covered MCCONNELL to the bill S. 178, to con- after February 1, 2020, for—
loan if the eligible recipient commits fraud
demn gross human rights violations of (i) qualified equipment and services for the
or expends covered loan proceeds on expenses
ethnic Turkic Muslims in Xinjiang, and purposes of preventing infection related to
that are not allowable under section
calling for an end to arbitrary deten- SARS–CoV–2, or
7(a)(36)(F) of the Small Business Act (15
tion, torture, and harassment of these (ii) the reconfiguration of facilities for
U.S.C. 636(a)(36)(F)).’’. such purposes, or
communities inside and outside China; (iii) qualified education and training of
SA 2575. Mr. CRAMER submitted an which was ordered to lie on the table; employees for new business procedures re-
amendment intended to be proposed to as follows: lated to preventing COVID–19 transmission.
amendment SA 2499 proposed by Mr. At the end, add the following: (B) QUALIFIED EQUIPMENT AND SERVICES.—
MCCONNELL to the bill S. 178, to con- SEC. ll. TAX CREDIT FOR SAFETY IMPROVE- The term ‘‘qualified equipment and services’’
demn gross human rights violations of MENTS. means—
ethnic Turkic Muslims in Xinjiang, and (a) IN GENERAL.—In the case of an eligible (i) any product or material which—
calling for an end to arbitrary deten- employer, there shall be allowed as a credit (I) serves as personal protective equipment
against applicable employment taxes for or as a barrier erected to prevent virus
tion, torture, and harassment of these
each calendar quarter an amount equal to 50 spread between customers and employees, in-
communities inside and outside China; percent of the qualified expenses paid or in- cluding plexiglass installed at cashiers and
which was ordered to lie on the table; curred by such employer during such cal- other counters, and partitions to separate
as follows: endar quarter. customers,
At the appropriate place, insert the fol- (b) LIMITATIONS AND REFUNDABILITY.— (II) is a disinfectant product registered by
lowing: (1) LIMITATION.—The qualified fixed ex- the Administrator of the Environmental
SEC. lll. KEEPING CRITICAL CONNECTIONS penses which may be taken into account Protection Agency for which the Adminis-
EMERGENCY FUND. under subsection (a) by any eligible em- trator of the Environmental Protection
(a) SHORT TITLE.—This section may be ployer for any calendar quarter shall not ex- Agency has approved an emerging viral
cited as the ‘‘Keeping Critical Connections ceed— pathogen claim that applies with respect to
Act of 2020’’. (A) in the case of any calendar quarter be- use against SARS–CoV–2,
(b) DEFINITIONS.—In this section— ginning in 2020, $500,000, and (III) is a thermometer, or
(1) the term ‘‘Commission’’ means the Fed- (B) in the case of any calendar quarter be- (IV) is approved by the Food and Drug Ad-
eral Communications Commission; ginning after 2020, $250,000. ministration for testing for COVID–19 (in-
(2) the term ‘‘covered program’’ means a (2) CREDIT LIMITED TO CERTAIN EMPLOYMENT cluding diagnosic testing and serology test-
program established by a small business TAXES.—The credit allowed by subsection (a) ing to detect antibodies) by the eligible em-
broadband provider under which the small with respect to any calendar quarter shall ployer, in conjunction with a certified
business broadband provider, at any time not exceed the applicable employment taxes diagnostics laboratory or health care pro-
during the COVID–19 emergency period, vol- for such calendar quarter (reduced by any vider,
untarily— credits allowed under subsections (e) and (f) (ii) any—
(A) provides a customer with free or dis- of section 3111 of such Code, sections 7001 and (I) contactless point-of-sale system,
counted broadband service, or free upgrades 7003 of the Families First Coronavirus Re- (II) new software and technology to assist
of existing service to meet certain capacity sponse Act, and section 2301 of the CARES in maintaining social distancing,
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and speed needs, due specifically to the pres- Act, for such quarter) on the wages paid with (III) application for reporting employee
ence of a student in the household of the cus- respect to the employment of all the employ- symptom or providing wellness checks, and
tomer who needs distance learning capa- ees of the eligible employer for such calendar (IV) property used to enable curbside pick-
bility; or quarter. up or delivery services,
(B) refrains from disconnecting broadband (3) REFUNDABILITY OF EXCESS CREDIT.— (iii) hand sanitizer,
service provided to an existing customer due (A) IN GENERAL.—If the amount of the cred- (iv) any sign related to public health
to nonpayment or underpayment if the cus- it under subsection (a) exceeds the limita- awareness, social distancing, or altered serv-
tomer— tion of paragraph (2) for any calendar quar- ices such as curbside pickups, and
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