Pandemic Darlings The pandemic economy, in original documents
Home Source documents Congressional Record — Senate, August 5, 2020, Page S4950

Congressional Record — Senate, August 5, 2020, Page S4950

Summary

Page S4950 of the Senate section of the Congressional Record for August 5, 2020, carrying amendment text in interleaved columns. One provision, forgiveness for covered loans under $150,000, would shield a lender from penalties on origination, forgiveness or guarantee based on reliance. A hardship provision applies to a household with income not above 135 percent of the Federal poverty guidelines that cannot make a full payment because of the national emergency. Tax text treats excess credit as an overpayment to be refunded, and further amendments to the S. 178 Xinjiang bill are noted as lying on the table.

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

“Congressional Record — Senate, August 5, 2020, Page S4950.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4950-2-b90f1e1f0a/, SHA-256 073aeba244eb9fb368f062e8f5e796b55a4f083482ef2bfcd7374671e8365476.

Full text

                                               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,




SSpencer on DSK126QN23PROD with SENATE
                                               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




                                         VerDate Sep 11 2014   05:28 Aug 06, 2020   Jkt 099060   PO 00000    Frm 00068   Fmt 4637   Sfmt 0634   E:\CR\FM\A05AU6.025   S05AUPT1
                                               August 5, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S4951
                                                 (v) services for—                                       (3) with respect to the application of the             At the appropriate place, insert the fol-
                                                 (I) cleaning and disinfecting, or                     credit under subsection (a) to third-party             lowing:
                                                 (II) testing for COVID–19 by a certified              payors (including professional employer or-            SEC. lll. HAZARDOUS DUTY PAY FOR MEM-
                                               diagnostics laboratory, and                             ganizations, certified professional employer                     BERS OF THE ARMED FORCES PER-
                                                 (vi) such other equipment or technology as            organizations, or agents under section 3504 of                   FORMING DUTY IN RESPONSE TO
                                               determined by the Secretary, in consultation            the Internal Revenue Code of 1986), including                    THE CORONAVIRUS DISEASE 2019.
                                               with the Secretary of Labor, the Secretary              regulations or guidance allowing such payors             (a) IN GENERAL.—The Secretary of the
                                               of Health and Human Services, the Director              to submit documentation necessary to sub-              military department concerned shall pay
                                               of the Centers for Disease Control and Pre-             stantiate the eligible employer status of em-          hazardous duty pay under this section to a
                                               vention, the Commissioner of the Food and               ployers that use such payors,                          member of a regular or reserve component of
                                               Drug Administration, the Secretary of Vet-                (4) for recapturing the benefit of credits de-       the Armed Forces who—
                                               erans Affairs, the Secretary of Defense, and            termined under this section in cases where               (1) performs duty in response to the
                                               the Secretary of Agriculture, determines is             there is a subsequent adjustment to the cred-          Coronavirus Disease 2019 (COVID–19); and
                                               necessary and appropriate for preventing                it determined under subsection (a), and                  (2) is entitled to basic pay under section
                                               COVID–19 and is recommended as part of the                (5) for providing the benefit of the credit          204 of title 37, United States Code, or com-
                                               Federal government’s recommendations for                under subsection (a) to taxpayers who have             pensation under section 206 of such title, for
                                               safe workplaces.                                        already filed returns for calendar quarters            the performance of such duty.
                                               Such term shall not include any equipment               ending before the date of the enactment of
                                               which is not for use in the United States or            this Act.                                                (b) REGULATIONS.—Hazardous duty pay
                                               any service which is not conducted in the                 (j) APPLICATION OF SECTION.—This section             shall be payable under this section in accord-
                                               United States.                                          shall apply only to qualified fixed expenses           ance with regulations prescribed by the Sec-
                                                 (C) QUALIFIED EDUCATION AND TRAINING.—                paid or accrued in calendar quarters ending            retary of Defense. Such regulations shall
                                               The term ‘‘qualified education and training’’           on or after February 1, 2020, and beginning            specify the duty in response to the
                                               means education or training provided by an              before January 1, 2022.                                Coronavirus Disease 2019 qualifying a mem-
                                               accredited training institution, an industry-                                                                  ber for payment of such pay under this sec-
                                               recognized trade association, or another non-             SA 2577. Mr. BARRASSO submitted                      tion.
                                               profit entity.                                          an amendment intended to be proposed                     (c) AMOUNT.—The amount of hazardous
                                                 (4) SECRETARY.—The term ‘‘Secretary’’                 to amendment SA 2499 proposed by Mr.                   duty pay paid a member under this section
                                               means the Secretary of the Treasury or the              MCCONNELL to the bill S. 178, to con-                  shall be such amount per month, not less
                                               Secretary’s delegate.                                                                                          than $150 per month, as the Secretary of De-
                                                                                                       demn gross human rights violations of
                                                 (d) AGGREGATION RULE.—All persons treat-                                                                     fense shall specify in the regulations under
                                               ed as a single employer under subsection (a)            ethnic Turkic Muslims in Xinjiang, and                 subsection (b).
                                               or (b) of section 52 of the Internal Revenue            calling for an end to arbitrary deten-
                                                                                                                                                                (d) MONTHLY PAYMENT; NO PRORATION.—
                                               Code of 1986, or subsection (m) or (o) of sec-          tion, torture, and harassment of these                   (1) MONTHLY PAYMENT.—Hazardous duty
                                               tion 414 of such Code, shall be treated as one          communities inside and outside China;                  pay under this section shall be paid on a
                                               employer for purposes of this section.                  which was ordered to lie on the table;                 monthly basis.
                                                 (e) DENIAL OF DOUBLE BENEFIT.—For pur-                as follows:                                              (2) NO PRORATION.—Hazardous duty pay is
                                               poses of chapter 1 of such Code, the gross in-
                                                                                                         At the appropriate place, insert the fol-            payable to a member under this section for a
                                               come of any eligible employer, for the tax-
                                                                                                       lowing:                                                month if the member performs any duty in
                                               able year which includes the last day of any
                                                                                                       SEC. ll. EXPEDITED PERMITTING AUTHORITY                that month qualifying the person for pay-
                                               calendar quarter with respect to which a
                                                                                                                  FOR BROADBAND DEPLOYMENT ON                 ment of such pay.
                                               credit is allowed under this section, shall be
                                                                                                                  FEDERAL LAND.                                 (e) MONTHS FOR WHICH PAYABLE.—Haz-
                                               increased by the amount of such credit.
                                                 (f) ELECTION NOT TO HAVE SECTION                        (a) DEFINITIONS.—In this section:                    ardous duty pay is payable under this sec-
                                               APPLY.—This section shall not apply with re-              (1) FEDERAL LAND.—The term ‘‘Federal                 tion for qualifying duty performed in months
                                               spect to any eligible employer for any cal-             land’’ means land owned by the Federal Gov-            occurring during the period—
                                               endar quarter if such employer elects (at               ernment.                                                 (1) beginning on January 1, 2020; and
                                               such time and in such manner as the Sec-                  (2) SECRETARY CONCERNED.—The term ‘‘Sec-               (2) ending on December 31, 2020.
                                               retary may prescribe) not to have this sec-             retary concerned’’ means the Secretary of
                                                                                                                                                                (f) CONSTRUCTION WITH OTHER PAY.—Haz-
                                               tion apply.                                             the department that administers the Federal
                                                                                                                                                              ardous duty pay payable to a member under
                                                 (g) TRANSFERS TO CERTAIN TRUST FUNDS.—                land on which a project described in sub-
                                                                                                                                                              this section is in addition to the following:
                                               There are hereby appropriated to the Federal            section (b) is carried out.
                                                                                                                                                                (1) Any other pay and allowances to which
                                               Old-Age and Survivors Insurance Trust Fund                (b) EXPEDITED PERMITTING AUTHORITY.—
                                                                                                                                                              the member is entitled by law.
                                               and the Federal Disability Insurance Trust              The Secretary concerned shall expedite the
                                                                                                                                                                (2) Any other hazardous duty pay to which
                                               Fund established under section 201 of the So-           approval of permits for a project for the de-
                                                                                                                                                              the member is entitled under section 351 of
                                               cial Security Act (42 U.S.C. 401) and the So-           ployment of broadband infrastructure on
                                                                                                                                                              title 37, United States Code (or any other
                                               cial Security Equivalent Benefit Account es-            highway or road rights-of-way, easements, or
                                                                                                                                                              provision of law), for duty that also con-
                                               tablished under section 15A(a) of the Rail-             other licensed or permitted access points on
                                                                                                                                                              stitutes qualifying duty for payment of such
                                               road Retirement Act of 1974 (45 U.S.C. 231n–            Federal land, including by waiving any ap-
                                                                                                                                                              pay under this section.
                                               1(a)) amounts equal to the reduction in reve-           plicable requirements for the approval of
                                                                                                       those permits, as the Secretary concerned                (g) SENSE OF SENATE.—It is the sense of the
                                               nues to the Treasury by reason of this sec-
                                                                                                       determines to be appropriate.                          Senate that the Secretary of Defense should
                                               tion (without regard to this subsection).
                                                                                                         (c) REQUIREMENTS.—                                   also authorize hazardous duty pay for mem-
                                               Amounts appropriated by the preceding sen-
                                                                                                         (1) MANAGEMENT.—The holder of a permit               bers of the Armed Forces not under orders
                                               tence shall be transferred from the general
                                                                                                       described in subsection (b) shall be respon-           specific to the response to the Coronavirus
                                               fund at such times and in such manner as to
                                                                                                       sible for the management and oversight of a            Disease 2019 who provide—
                                               replicate to the extent possible the transfers
                                                                                                       project described in that subsection.                    (1) healthcare in a military medical treat-
                                               which would have occurred to such Trust
                                                                                                         (2) RIGHT-OF-WAY.—A project described in             ment facility for individuals infected with
                                               Fund or Account had this section not been
                                                                                                       subsection (b) shall be carried out in accord-         the Coronavirus Disease 2019; or
                                               enacted.
                                                 (h) TREATMENT OF DEPOSITS.—The Sec-                   ance with requirements of the applicable                 (2) technical or administrative support for
                                               retary shall waive any penalty under section            right-of-way, except that a reclamation bond           the provision of healthcare as described in
                                               6656 of such Code for any failure to make a             shall not be required for the project.                 paragraph (1).
                                               deposit of applicable employment taxes if                 (d) TERMINATION OF AUTHORITY.—The au-
                                               the Secretary determines that such failure              thority provided by this section shall termi-
                                                                                                                                                                SA 2579. Ms. ERNST submitted an
                                               was due to the anticipation of the credit al-           nate effective July 1, 2021.
                                                                                                                                                              amendment intended to be proposed to
                                               lowed under this section.                                                                                      amendment SA 2499 proposed by Mr.
                                                 (i) REGULATIONS AND GUIDANCE.—The Sec-                  SA 2578. Ms. ERNST submitted an
                                               retary shall issue such forms, instructions,            amendment intended to be proposed to                   MCCONNELL to the bill S. 178, to con-
                                               regulations, and guidance as are necessary—             amendment SA 2499 proposed by Mr.                      demn gross human rights violations of
                                                 (1) to allow the advance payment of the               MCCONNELL to the bill S. 178, to con-                  ethnic Turkic Muslims in Xinjiang, and




SSpencer on DSK126QN23PROD with SENATE
                                               credit under subsection (a), subject to the             demn gross human rights violations of                  calling for an end to arbitrary deten-
                                               limitations provided in this section, based on          ethnic Turkic Muslims in Xinjiang, and                 tion, torture, and harassment of these
                                               such information as the Secretary shall re-                                                                    communities inside and outside China;
                                                                                                       calling for an end to arbitrary deten-
                                               quire,                                                                                                         which was ordered to lie on the table;
                                                 (2) to provide for the reconciliation of such         tion, torture, and harassment of these
                                                                                                       communities inside and outside China;                  as follows:
                                               advance payment with the amount of the
                                               credit at the time of filing the return of tax          which was ordered to lie on the table;                   At the appropriate place, insert the fol-
                                               for the applicable quarter or taxable year,             as follows:                                            lowing:




                                         VerDate Sep 11 2014   05:28 Aug 06, 2020   Jkt 099060   PO 00000   Frm 00069   Fmt 4637   Sfmt 0634   E:\CR\FM\A05AU6.029   S05AUPT1


File and source

File
CREC_crec-2020-08-05_crec-2020-08-05-pt1-pgs4950-2.pdf
Size
220,551 bytes
SHA-256
073aeba244eb9fb368f062e8f5e796b55a4f083482ef2bfcd7374671e8365476
Our copy
CREC_crec-2020-08-05_crec-2020-08-05-pt1-pgs4950-2.pdf
Original
www.govinfo.gov
Back to top