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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/, SHA-256 1887dc279f65489fb11fe49d03edeca6c6da84e9b1227229234f1e292cc9702d.

Full text

                                               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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