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Home Source documents Congressional Record, Senate — Page S4956, August 5, 2020

Congressional Record, Senate — Page S4956, August 5, 2020

Summary

Page S4956 of the Senate section of the Congressional Record for August 5, 2020. It prints amendment text for a credit for family caregivers under the Internal Revenue Code, allowing a credit of 30 percent of qualified expenses to the extent that such expenses exceed $2,000. The credit is reduced by $100 for each $1,000 of modified adjusted gross income above a threshold, and the text sets a mileage rate for use of a passenger automobile and a rule coordinating with ABLE accounts. Further text for eligible entities defines a covered period and addresses expenses such as food and beverage expenses within the scope of normal business practice.

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“Congressional Record, Senate — Page S4956, August 5, 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4956-0f6e145808/, SHA-256 33eceec43b92ef181d738d1b0d83c9ac59ccab691cf5b4f71c9565dc266b9ec0.

Full text

                                               S4956                                             CONGRESSIONAL RECORD — SENATE                                                         August 5, 2020
                                                 At the appropriate place, insert the fol-               ‘‘(B) The individual is at least 2 but not 6           ‘‘(7) MILEAGE RATE.—For purposes of this
                                               lowing:                                                 years of age and is unable due to a loss of            section, the mileage rate for the use of a pas-
                                               SEC. lll. CREDIT FOR FAMILY CAREGIVERS.                 functional capacity to perform (without sub-           senger automobile shall be the standard
                                                 (a) IN GENERAL.—Subpart A of part IV of               stantial assistance from another individual)           mileage rate used to calculate the deductible
                                               subchapter A of chapter 1 of the Internal               at least 2 of the following activities: eating,        costs of operating an automobile for medical
                                               Revenue Code of 1986 is amended by inserting            transferring, or mobility.                             purposes. Such rate may be used in lieu of
                                               after section 25D the following new section:              ‘‘(C) The individual is under 2 years of age         actual automobile-related travel expenses.
                                               ‘‘SEC. 25E. FAMILY CAREGIVERS.                          and requires specific durable medical equip-             ‘‘(8) COORDINATION WITH ABLE ACCOUNTS.—
                                                  ‘‘(a) ALLOWANCE OF CREDIT.—In the case of            ment by reason of a severe health condition            Qualified expenses for a taxable year shall
                                               an eligible caregiver, there shall be allowed           or requires a skilled practitioner trained to          not include contributions to an ABLE ac-
                                               as a credit against the tax imposed by this             address the individual’s condition to be               count (as defined in section 529A).
                                               chapter for the taxable year an amount                  available if the individual’s parents or                 ‘‘(f) PHASE OUT BASED ON ADJUSTED GROSS
                                               equal to 30 percent of the qualified expenses           guardians are absent.                                  INCOME.—For purposes of this section—
                                               paid by the taxpayer during the taxable year              ‘‘(e) QUALIFIED EXPENSES.—For purposes of              ‘‘(1) IN GENERAL.—The amount of the credit
                                               to the extent that such expenses exceed                 this section—                                          allowable under subsection (a) shall be re-
                                               $2,000.                                                   ‘‘(1) IN GENERAL.—Subject to paragraph (4),          duced (but not below zero) by $100 for each
                                                 ‘‘(b) LIMITATION.—                                    the term ‘qualified expenses’ means expendi-           $1,000 (or fraction thereof) by which the tax-
                                                 ‘‘(1) IN GENERAL.—The amount allowed as a             tures for goods, services, and supports that—          payer’s modified adjusted gross income ex-
                                               credit under subsection (a) for the taxable               ‘‘(A) assist a qualified care recipient with         ceeds the threshold amount.
                                               year shall not exceed $3,000.                           accomplishing activities of daily living (as             ‘‘(2) MODIFIED ADJUSTED GROSS INCOME.—
                                                 ‘‘(2) ADJUSTMENT FOR INFLATION.—In the                defined in section 7702B(c)(2)(B)) and instru-         The term ‘modified adjusted gross income’
                                               case of any taxable year beginning after 2020,          mental activities of daily living (as defined          means adjusted gross income increased by
                                               the dollar amount contained in paragraph (1)            in section 1915(k)(6)(F) of the Social Security        any amount excluded from gross income
                                               shall be increased by an amount equal to the            Act (42 U.S.C. 1396n(k)(6)(F))),                       under section 911, 931, or 933.
                                               product of—                                               ‘‘(B) are provided solely for use by such
                                                                                                                                                                ‘‘(3)    THRESHOLD     AMOUNT.—The      term
                                                 ‘‘(A) such dollar amount, and                         qualified care recipient, and
                                                                                                                                                              ‘threshold amount’ means—
                                                 ‘‘(B) the medical care cost adjustment de-              ‘‘(C) are made after March 13, 2020 and be-
                                                                                                                                                                ‘‘(A) $150,000 in the case of a joint return,
                                               termined under section 213(d)(10)(B)(ii) for            fore January 1, 2022.
                                                                                                                                                              and
                                               the calendar year in which the taxable year               ‘‘(2) ADJUSTMENT FOR OTHER TAX BENE-
                                                                                                                                                                ‘‘(B) $75,000 in any other case.
                                               begins, determined by substituting ‘2019’ for           FITS.—The amount of qualified expenses oth-
                                                                                                                                                                ‘‘(4) INDEXING.—In the case of any taxable
                                               ‘1996’ in subclause (II) thereof.                       erwise taken into account under paragraph
                                                                                                                                                              year beginning in a calendar year after 2020,
                                               If any increase determined under the pre-               (1) with respect to an individual shall be re-
                                                                                                                                                              each dollar amount contained in paragraph
                                               ceding sentence is not a multiple of $50, such          duced by the sum of any amounts paid for
                                                                                                       the benefit of such individual for the taxable         (3) shall be increased by an amount equal to
                                               increase shall be rounded to the next lowest
                                                                                                       year which are—                                        the product of—
                                               multiple of $50.
                                                                                                         ‘‘(A) taken into account under section 21 or           ‘‘(A) such dollar amount, and
                                                 ‘‘(c) ELIGIBLE CAREGIVER.—For purposes of
                                               this section, the term ‘eligible caregiver’             213, or                                                  ‘‘(B) the cost-of-living adjustment deter-
                                               means an individual who, during the taxable               ‘‘(B) excluded from gross income under sec-          mined under section (1)(f)(3) for the calendar
                                               year, pays or incurs qualified expenses in              tion 129, 223(f), or 529A(c)(1)(B).                    year in which the taxable year begins, by
                                               connection with providing care for a quali-               ‘‘(3) GOODS, SERVICES, AND SUPPORTS.—For             substituting ‘calendar year 2019’ for ‘cal-
                                               fied care recipient.                                    purposes of paragraph (1), goods, services,            endar year 2016’ in subparagraph (A)(ii)
                                                 ‘‘(d) QUALIFIED CARE RECIPIENT.—For pur-              and supports (as defined by the Secretary)             thereof.
                                               poses of this section—                                  shall include—                                           ‘‘(5) ROUNDING RULE.—If any increase deter-
                                                 ‘‘(1) IN GENERAL.—The term ‘qualified care              ‘‘(A) human assistance, supervision, cuing           mined under paragraph (4) is not a multiple
                                               recipient’ means, with respect to any taxable           and standby assistance,                                of $50, such increase shall be rounded to the
                                               year, any individual who—                                 ‘‘(B) assistive technologies and devices (in-        next lowest multiple of $50.
                                                 ‘‘(A) is the spouse of the eligible caregiver,        cluding remote health monitoring),                       ‘‘(g) IDENTIFICATION OF ELIGIBLE CAREGIVER
                                               or any other person who bears a relationship              ‘‘(C) environmental modifications (includ-           WITH CARE RECIPIENT (QUALIFIED CARE RE-
                                               to the eligible caregiver described in any of           ing home modifications),                               CIPIENT) IDENTIFICATION REQUIREMENT.—No
                                               subparagraphs (A) through (H) of section                  ‘‘(D) health maintenance tasks (such as              credit shall be allowed under this section to
                                               152(d)(2), and                                          medication management),                                a taxpayer with respect to any qualified care
                                                 ‘‘(B) has been certified, before the due date           ‘‘(E) information,                                   recipient unless the taxpayer includes the
                                               for filing the return of tax for the taxable              ‘‘(F) transportation of the qualified care           name and taxpayer identification number of
                                               year, by a licensed health care practitioner            recipient,                                             such individual, and the identification num-
                                               (as defined in section 7702B(c)(4)) as being an           ‘‘(G) nonhealth items (such as incontinence          ber of the licensed health care practitioner
                                               individual with long-term care needs de-                supplies), and                                         certifying such individual, on the return of
                                               scribed in paragraph (3) for a period—                    ‘‘(H) coordination of and services for people        tax for the taxable year.’’.
                                                 ‘‘(i) which is at least 180 consecutive days,         who live in their own home, a residential set-           (b) CLERICAL AMENDMENT.—The table of
                                               and                                                     ting, or a nursing facility, as well as the cost       sections for subpart A of part IV of sub-
                                                 ‘‘(ii) a portion of which occurs within the           of care in these or other locations.                   chapter A of chapter 1 of such Code is
                                               taxable year.                                             ‘‘(4) QUALIFIED EXPENSES FOR ELIGIBLE                amended by inserting after the item relating
                                                 ‘‘(2) PERIOD FOR MAKING CERTIFICATION.—               CAREGIVERS.—For purposes of paragraph (1),             to section 25D the following new item:
                                               Notwithstanding paragraph (1)(B), a certifi-            the following shall be treated as qualified ex-        ‘‘Sec. 25E. Family caregivers.’’.
                                               cation shall not be treated as valid unless it          penses if paid or incurred by an eligible care-          (c) EFFECTIVE DATE.—The amendments
                                               is made within the 391⁄2-month period ending            giver:                                                 made by this section shall apply to taxable
                                               on such due date (or such other period as the             ‘‘(A) Expenditures for respite care for a            years beginning after December 31, 2019.
                                               Secretary prescribes).                                  qualified care recipient.
                                                 ‘‘(3) INDIVIDUALS WITH LONG-TERM CARE                   ‘‘(B) Expenditures for counseling, support             SA 2586. Mr. DAINES submitted an
                                               NEEDS.—An individual is described in this               groups, or training relating to caring for a
                                               paragraph if the individual meets any of the            qualified care recipient.
                                                                                                                                                              amendment intended to be proposed to
                                               following requirements:                                   ‘‘(C) Lost wages for unpaid time off due to          amendment SA 2499 proposed by Mr.
                                                 ‘‘(A) The individual is at least 6 years of           caring for a qualified care recipient as               MCCONNELL to the bill S. 178, to con-
                                               age and—                                                verified by an employer.                               demn gross human rights violations of
                                                 ‘‘(i) is unable to perform (without substan-            ‘‘(D) Travel costs of the eligible caregiver         ethnic Turkic Muslims in Xinjiang, and
                                               tial assistance from another individual) at             related to caring for a qualified care recipi-         calling for an end to arbitrary deten-
                                               least 2 activities of daily living (as defined in       ent.                                                   tion, torture, and harassment of these
                                               section 7702B(c)(2)(B)) due to a loss of func-            ‘‘(E) Expenditures for technologies, as de-          communities inside and outside China;
                                               tional capacity, or                                     termined by the Secretary, that assist an eli-
                                                 ‘‘(ii) requires substantial supervision to            gible caregiver in providing care for a quali-
                                                                                                                                                              which was ordered to lie on the table;
                                               protect such individual from threats to                 fied care recipient.                                   as follows:




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                                               health and safety due to severe cognitive im-             ‘‘(5) HUMAN ASSISTANCE.—The term ‘human                At the appropriate place, insert the fol-
                                               pairment and is unable to perform, without              assistance’ includes the costs of a direct care        lowing:
                                               reminding or cuing assistance, at least 1 ac-           worker.                                                SEC. lll. PASS-THROUGH OF PORTION OF
                                               tivity of daily living (as so defined) or to the          ‘‘(6) DOCUMENTATION.—An expense shall not                     STATE CORONAVIRUS RELIEF FUND
                                               extent provided in regulations prescribed by            be taken into account under this section un-                    TO LOCAL GOVERNMENTS.
                                               the Secretary (in consultation with the Sec-            less the eligible caregiver substantiates such           (a) PASS-THROUGH REQUIREMENT.—Sub-
                                               retary of Health and Human Services), is un-            expense under such regulations or guidance             section (b) of section 601 of the Social Secu-
                                               able to engage in age appropriate activities.           as the Secretary shall provide.                        rity Act (42 U.S.C. 801) is amended—




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                                               August 5, 2020                                    CONGRESSIONAL RECORD — SENATE                                                                    S4957
                                                  (1) in paragraph (1), by striking ‘‘Subject            (3) ELIGIBLE ENTITY.—The term ‘‘eligible               (C) HOLD HARMLESS.—An eligible entity ap-
                                               to paragraph (2)’’ and inserting ‘‘Subject to           entity’’—                                              plying for a grant under this subsection shall
                                               paragraphs (2) and (3)’’; and                             (A) means a restaurant, food stand, food             not be ineligible for a grant if the eligible
                                                  (2) by adding at the end the following               truck, food cart, caterer, saloon, inn, tavern,        entity is able to document—
                                                  ‘‘(3) PASS-THROUGH REQUIREMENT.—Each                 bar, lounge, brewpub, tasting room, taproom,             (i) an inability to rehire individuals who
                                               State shall distribute 45 percent of the                licensed facility or premise of a beverage al-         were employees of the eligible entity on Feb-
                                               amount paid to the State under this section             cohol producer where the public may taste,             ruary 15, 2020; and
                                               for fiscal year 2020 (after the application of          sample, or purchase products, or other simi-             (ii) an inability to hire similarly qualified
                                               paragraph (2)) upon receipt on a pass-                  lar place of business in which the public or           employees for unfilled positions on or before
                                               through basis, and without requiring any ap-            patrons assemble for the primary purpose of            December 31, 2020.
                                               plication, to each unit of local government             being served food or drink;                              (4) PRIORITY IN AWARDING GRANTS.—During
                                               in the State that is not a large unit of local            (B) includes an entity described in subpara-         the initial 14-day period in which the Sec-
                                               government that received a direct payment               graph (A) that is located in an airport ter-           retary awards grants under this subsection,
                                               under this section in accordance with para-             minal; and                                             the Secretary shall—
                                               graph (2). The preceding distribution require-            (C) does not include an entity described in            (A)     prioritize   awarding     grants   to
                                               ment shall not apply to the District of Co-             subparagraph (A) that—                                 marginalized and underrepresented commu-
                                               lumbia.’’.                                                (i) is part of a State or local government           nities, with a focus on women, veteran, and
                                                  (b) CONFORMING AMENDMENTS.—Section 601               facility; or                                           minority-owned and operated eligible enti-
                                               of such Act is further amended—                           (ii) as of March 13, 2020, owns or operates
                                                                                                                                                              ties; and
                                                  (1) in subsection (b)—                               (together with any affiliated business) more
                                                  (A) in paragraphs (1) and (2), by inserting                                                                   (B) only award grants to eligible entities
                                                                                                       than 20 locations, regardless of whether
                                               ‘‘large’’ before ‘‘unit of local government’’                                                                  with annual revenues of less than $1,500,000.
                                                                                                       those locations do business under the same
                                               each place it appears; and                                                                                       (5) GRANT AMOUNT.—
                                                                                                       or multiple names.
                                                  (B) in paragraph (2)—                                                                                         (A) AGGREGATE MAXIMUM AMOUNT.—The ag-
                                                                                                         (4) FUND.—The term ‘‘Fund’’ means the
                                                  (i) in the paragraph heading, by inserting                                                                  gregate amount of grants made to an eligible
                                                                                                       Restaurant Revitalization Fund established
                                               ‘‘LARGE’’ before ‘‘UNITS’’; and                                                                                entity and any affiliate businesses of the eli-
                                                                                                       under subsection (c).
                                                  (ii) by adding at the end the following:               (5) PAYROLL COSTS.—The term ‘‘payroll                gible entity under this subsection shall not
                                               ‘‘For purposes of this section, the term ‘large         costs’’ has the meaning given the term in              exceed $10,000,000.
                                               unit of local government’ means a unit of               section 7(a)(36)(A) of the Small Business Act            (B) DETERMINATION OF GRANT AMOUNT.—
                                               local government, as defined in subsection              (15 U.S.C. 636(a)(36)(A)).                               (i) IN GENERAL.—The amount of a grant
                                               (g)(2), with a population that exceeds                    (6) SECRETARY.—The term ‘‘Secretary’’                made to an eligible entity under this sub-
                                               500,000.’’;                                             means the Secretary of the Treasury.                   section shall be equal to the difference be-
                                                  (2) in subsection (c)(5)—                              (c) RESTAURANT REVITALIZATION FUND.—                 tween—
                                                  (A) in the paragraph heading, by inserting             (1) IN GENERAL.—There is established in the            (I) the sum of the revenues or estimated
                                               ‘‘LARGE’’ before ‘‘UNIT’’; and                          Treasury of the United States a fund to be             revenues of the eligible entity during each
                                                  (B) by inserting ‘‘large’’ before ‘‘unit of          known as the Restaurant Revitalization                 calendar quarter in 2020; and
                                               local government’’ each place it appears;               Fund.                                                    (II) the sum of such revenues during the
                                                  (3) in subsection (e)—                                 (2) APPROPRIATIONS.—                                 same calendar quarter in 2019, if such sum is
                                                  (A) by inserting ‘‘direct’’ before ‘‘pay-              (A) IN GENERAL.—There is appropriated to             greater than zero.
                                               ment’’; and                                             the Fund, out of amounts in the Treasury                 (ii) VERIFICATION.—An eligible entity shall
                                                  (B) by inserting ‘‘large’’ before ‘‘unit of          not otherwise appropriated, $120,000,000,000,          submit to the Secretary such revenue
                                               local government’’ each place it appears; and           to remain available until December 31, 2020.           verification documentation as the Secretary
                                                  (4) in subsection (g)(2)—                              (B)     REMAINDER      TO    TREASURY.—Any           may require to determine the amount of a
                                                  (A) in the paragraph heading, by striking            amounts remaining in the Fund after Decem-             grant under clause (i).
                                               ‘‘LOCAL’’ and inserting ‘‘UNIT OF LOCAL’’; and          ber 31, 2020 shall be deposited in the general           (iii) REPAYMENT.—Any amount of a grant
                                                  (B) by striking ‘‘with a population that ex-         fund of the Treasury.                                  made under this subsection to an eligible en-
                                               ceeds 500,000.’’                                          (3) USE OF FUNDS.—The Secretary shall use            tity based on estimated revenues in a cal-
                                                  (c) EFFECTIVE DATE.—The amendments                   amounts in the Fund to make grants de-                 endar quarter in 2020 that is above the actual
                                               made by this section shall take effect as if            scribed in subsection (d).                             revenues of the eligible entity during that
                                               included in the enactment of section 601 of               (d) RESTAURANT REVITALIZATION GRANTS.—               calendar quarter shall be converted to a loan
                                               the Social Security Act, as added by section              (1) IN GENERAL.—The Secretary shall award            that has—
                                               5001(a) of the Coronavirus Aid, Relief, and             grants to eligible entities in the order in              (I) an interest rate of 1 percent; and
                                               Economic Security Act (Public Law 116–136).             which applications are received by the Sec-              (II) a maturity date of 10 years beginning
                                                                                                       retary.                                                on January 1, 2021.
                                                 SA 2587. Mr. WICKER submitted an                        (2) REGISTRATION.—The Secretary shall                  (C) NO DUPLICATION OF BENEFITS.—An eligi-
                                               amendment intended to be proposed to                    register each grant awarded under this sub-            ble entity that received a loan under section
                                               amendment SA 2499 proposed by Mr.                       section using the employer identification              7(a)(36) of the Small Business Act (15 U.S.C.
                                               MCCONNELL to the bill S. 178, to con-                   number of the eligible entity.                         636(a)(36)) may not apply for or use grant
                                               demn gross human rights violations of                     (3) APPLICATION.—                                    amounts under this subsection for the same
                                                                                                         (A) IN GENERAL.—An eligible entity desir-            expenses for which the eligible entity re-
                                               ethnic Turkic Muslims in Xinjiang, and                  ing a grant under this subsection shall sub-           ceived the loan.
                                               calling for an end to arbitrary deten-                  mit to the Secretary an application at such              (D) LIMITATION.—An eligible entity may
                                               tion, torture, and harassment of these                  time, in such manner, and containing such              not receive more than 1 grant under this sub-
                                               communities inside and outside China;                   information as the Secretary may require.              section.
                                               which was ordered to lie on the table;                    (B) CERTIFICATION.—An eligible entity ap-              (6) USE OF FUNDS.—
                                               as follows:                                             plying for a grant under this subsection shall           (A) IN GENERAL.—During the covered pe-
                                                 At the appropriate place, insert the fol-             make a good faith certification—                       riod, an eligible entity that receives a grant
                                               lowing:                                                   (i) that the uncertainty of current eco-             under this subsection may use the grant
                                               SEC. ll. RESTAURANT REVITALIZATION FUND.                nomic conditions makes necessary the grant             funds for the following expenses incurred as
                                                 (a) SHORT TITLE.—This section may be                  request to support the ongoing operations of           a direct result of the COVID–19 pandemic:
                                               cited as the ‘‘Real Economic Support That               the eligible entity;                                     (i) Payroll costs.
                                               Acknowledges Unique Restaurant Assistance                 (ii) acknowledging that funds will be used             (ii) Payments of principal or interest on
                                               Needed To Survive Act of 2020’’ or the ‘‘RES-           to retain workers and maintain payroll or              any mortgage obligation.
                                               TAURANTS Act of 2020’’.                                 for other allowable expenses described in                (iii) Rent payments, including rent under a
                                                 (b) DEFINITIONS.—In this section:                     paragraph (5);                                         lease agreement.
                                                 (1) AFFILIATED BUSINESS.—The term ‘‘affili-             (iii) that the eligible entity does not have           (iv) Utilities.
                                               ated business’’ means a business in which an            an application pending for a grant under sub-            (v) Maintenance expenses, including—
                                               eligible entity has an equity or right to prof-         section (a)(36) or (b)(2) of section 7 of the            (I) construction to accommodate outdoor
                                               it distributions of not less than 50 percent, or        Small Business Act (15 U.S.C. 636) for the             seating; and
                                               in which an eligible entity has the contrac-            same purpose and duplicative of amounts ap-              (II) walls, floors, deck surfaces, furniture,




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                                               tual authority to control the direction of the          plied for or received under this subsection;           fixtures, and equipment.
                                               business, provided that such affiliation shall          and                                                      (vi) Supplies, including protective equip-
                                               be determined as of any arrangements or                   (iv) that, during the covered period, the el-        ment and cleaning materials, as required by
                                               agreements in existence as of March 13, 2020.           igible entity has not received amounts under           applicable public health departments.
                                                 (2) COVERED PERIOD.—The term ‘‘covered                subsection (a)(36) or (b)(2) of section 7 of the         (vii) Food and beverage expenses that are
                                               period’’ means the period beginning on Feb-             Small Business Act (15 U.S.C. 636) for the             within the scope of the normal business prac-
                                               ruary 15, 2020 and ending on December 31,               same purpose and duplicative of amounts ap-            tice of the eligible entity before the covered
                                               2020.                                                   plied for or received under this subsection.           period.




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