Congressional Record — Senate, August 5, 2020, Page S4958
Summary
Page S4958 of the Senate section of the Congressional Record for August 5, 2020, in interleaved columns, with amendment text for the RESTAURANTS Act of 2020. Grant conditions include acknowledging that funds will retain workers and maintain payroll, no duplicative pending grant, and returning funds if an entity permanently ceases operations on or before December 31, 2020. Allowable expenses listed include debt obligations to suppliers and operational expenses. Later text amends the bonus depreciation rule, and cites an emergency designation under a 2018 budget resolution.
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“Congressional Record — Senate, August 5, 2020, Page S4958.”
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S4958 CONGRESSIONAL RECORD — SENATE August 5, 2020
(viii) Debt obligations to suppliers that Needed To Survive Act of 2020’’ or the ‘‘RES- (ii) acknowledging that funds will be used
were incurred before the covered period. TAURANTS Act of 2020’’. to retain workers and maintain payroll or
(ix) Operational expenses. (b) DEFINITIONS.—In this section: for other allowable expenses described in
(x) Any other expenses that the Secretary (1) AFFILIATED BUSINESS.—The term ‘‘affili- paragraph (5);
determines to be essential to maintaining ated business’’ means a business in which an (iii) that the eligible entity does not have
the eligible entity. eligible entity has an equity or right to prof- an application pending for a grant under sub-
(B) RETURNING FUNDS.—If an eligible entity it distributions of not less than 50 percent, or section (a)(36) or (b)(2) of section 7 of the
that receives a grant under this subsection in which an eligible entity has the contrac- Small Business Act (15 U.S.C. 636) for the
permanently ceases operations on or before tual authority to control the direction of the same purpose and duplicative of amounts ap-
December 31, 2020, the eligible entity shall business, provided that such affiliation shall plied for or received under this subsection;
return to the Treasury any funds that the el- be determined as of any arrangements or and
igible entity did not use for the allowable ex- agreements in existence as of March 13, 2020. (iv) that, during the covered period, the el-
penses under subparagraph (A). (2) COVERED PERIOD.—The term ‘‘covered igible entity has not received amounts under
(C) CONVERSION TO LOAN.—Any grant period’’ means the period beginning on Feb- subsection (a)(36) or (b)(2) of section 7 of the
amounts received by an eligible entity under ruary 15, 2020 and ending on December 31, Small Business Act (15 U.S.C. 636) for the
this subsection that are unused after Decem- 2020. same purpose and duplicative of amounts ap-
ber 31, 2020 shall be immediately converted (3) ELIGIBLE ENTITY.—The term ‘‘eligible plied for or received under this subsection.
to a loan with— entity’’— (C) HOLD HARMLESS.—An eligible entity ap-
(i) an interest rate of 1 percent; and (A) means a restaurant, food stand, food plying for a grant under this subsection shall
(ii) a maturity date of 10 years. truck, food cart, caterer, saloon, inn, tavern, not be ineligible for a grant if the eligible
(7) TAXABILITY.—For purposes of the Inter- bar, lounge, brewpub, tasting room, taproom, entity is able to document—
nal Revenue Code of 1986— licensed facility or premise of a beverage al- (i) an inability to rehire individuals who
(A) the amount of a grant awarded to an el- cohol producer where the public may taste, were employees of the eligible entity on Feb-
igible entity under this subsection shall be sample, or purchase products, or other simi- ruary 15, 2020; and
excluded from the gross income of the eligi- lar place of business in which the public or (ii) an inability to hire similarly qualified
ble entity; patrons assemble for the primary purpose of employees for unfilled positions on or before
(B) no deduction shall be denied or re- being served food or drink; December 31, 2020.
duced, no tax attribute shall be reduced, and (B) includes an entity described in subpara- (4) PRIORITY IN AWARDING GRANTS.—During
no basis increase shall be denied, by reason graph (A) that is located in an airport ter- the initial 14-day period in which the Sec-
of the exclusion from gross income provided minal; and retary awards grants under this subsection,
by subparagraph (A); and (C) does not include an entity described in the Secretary shall—
(C) an eligible entity that receives a grant subparagraph (A) that— (A) prioritize awarding grants to
under this subsection shall not be eligible for (i) is part of a State or local government marginalized and underrepresented commu-
the credit described in section 2301 of the facility; or nities, with a focus on women, veteran, and
CARES Act (Public Law 116–136). (ii) as of March 13, 2020, owns or operates minority-owned and operated eligible enti-
(8) REGULATIONS.—Not later than 15 days (together with any affiliated business) more ties; and
after the date of enactment of this Act, the than 20 locations, regardless of whether (B) only award grants to eligible entities
Secretary shall issue regulations to carry those locations do business under the same with annual revenues of less than $1,500,000.
out this subsection without regard to the no- or multiple names. (5) GRANT AMOUNT.—
tice and comment requirements under sec- (4) FUND.—The term ‘‘Fund’’ means the (A) AGGREGATE MAXIMUM AMOUNT.—The ag-
tion 553 of title 5, United States Code. Restaurant Revitalization Fund established gregate amount of grants made to an eligible
(9) APPROPRIATIONS FOR STAFFING AND AD- under subsection (c). entity and any affiliate businesses of the eli-
MINISTRATIVE EXPENSES.— (5) PAYROLL COSTS.—The term ‘‘payroll gible entity under this subsection shall not
(A) IN GENERAL.—There is appropriated to costs’’ has the meaning given the term in exceed $10,000,000.
the Secretary, out of amounts in the Treas- section 7(a)(36)(A) of the Small Business Act (B) DETERMINATION OF GRANT AMOUNT.—
ury not otherwise appropriated, $200,000,000, (15 U.S.C. 636(a)(36)(A)). (i) IN GENERAL.—The amount of a grant
to remain available until December 31, 2020, (6) SECRETARY.—The term ‘‘Secretary’’ made to an eligible entity under this sub-
for staffing and administrative expenses re- means the Secretary of the Treasury. section shall be equal to the difference be-
lated to administering grants awarded under (c) RESTAURANT REVITALIZATION FUND.— tween—
this subsection. (1) IN GENERAL.—There is established in the (I) the sum of the revenues or estimated
(B) SET ASIDE.—Of amounts appropriated Treasury of the United States a fund to be revenues of the eligible entity during each
under subparagraph (A), $60,000,000 shall be known as the Restaurant Revitalization calendar quarter in 2020; and
allocated for outreach to traditionally Fund. (II) the sum of such revenues during the
marginalized and underrepresented commu- (2) APPROPRIATIONS.— same calendar quarter in 2019, if such sum is
nities, with a focus on women, veteran, and (A) IN GENERAL.—There is appropriated to greater than zero.
minority-owned and operated eligible enti- the Fund, out of amounts in the Treasury (ii) VERIFICATION.—An eligible entity shall
ties, including the creation of a resource cen- not otherwise appropriated, $120,000,000,000, submit to the Secretary such revenue
ter targeted toward these communities. to remain available until December 31, 2020. verification documentation as the Secretary
(e) EMERGENCY DESIGNATION.— (B) REMAINDER TO TREASURY.—Any may require to determine the amount of a
(1) IN GENERAL.—The amounts provided by amounts remaining in the Fund after Decem- grant under clause (i).
this section are designated as an emergency ber 31, 2020 shall be deposited in the general (iii) REPAYMENT.—Any amount of a grant
requirement pursuant to section 4(g) of the fund of the Treasury. made under this subsection to an eligible en-
Statutory Pay-As-You-Go Act of 2010 (2 (3) USE OF FUNDS.—The Secretary shall use tity based on estimated revenues in a cal-
U.S.C. 933(g)). amounts in the Fund to make grants de- endar quarter in 2020 that is above the actual
(2) DESIGNATION IN SENATE.—In the Senate, scribed in subsection (d). revenues of the eligible entity during that
this section is designated as an emergency (d) RESTAURANT REVITALIZATION GRANTS.— calendar quarter shall be converted to a loan
requirement pursuant to section 4112(a) of H. (1) IN GENERAL.—The Secretary shall award that has—
Con. Res. 71 (115th Congress), the concurrent grants to eligible entities in the order in (I) an interest rate of 1 percent; and
resolution on the budget for fiscal year 2018. which applications are received by the Sec- (II) a maturity date of 10 years beginning
retary. on January 1, 2021.
SA 2588. Mr. WICKER submitted an (2) REGISTRATION.—The Secretary shall (C) NO DUPLICATION OF BENEFITS.—An eligi-
amendment intended to be proposed by register each grant awarded under this sub- ble entity that received a loan under section
him to the bill S. 178, to condemn gross section using the employer identification 7(a)(36) of the Small Business Act (15 U.S.C.
human rights violations of ethnic number of the eligible entity. 636(a)(36)) may not apply for or use grant
Turkic Muslims in Xinjiang, and call- (3) APPLICATION.— amounts under this subsection for the same
ing for an end to arbitrary detention, (A) IN GENERAL.—An eligible entity desir- expenses for which the eligible entity re-
torture, and harassment of these com- ing a grant under this subsection shall sub- ceived the loan.
mit to the Secretary an application at such (D) LIMITATION.—An eligible entity may
munities inside and outside China;
time, in such manner, and containing such not receive more than 1 grant under this sub-
SSpencer on DSK126QN23PROD with SENATE
which was ordered to lie on the table; information as the Secretary may require. section.
as follows: (B) CERTIFICATION.—An eligible entity ap- (6) USE OF FUNDS.—
At the appropriate place, insert the fol- plying for a grant under this subsection shall (A) IN GENERAL.—During the covered pe-
lowing: make a good faith certification— riod, an eligible entity that receives a grant
SEC. ll. RESTAURANT REVITALIZATION FUND. (i) that the uncertainty of current eco- under this subsection may use the grant
(a) SHORT TITLE.—This section may be nomic conditions makes necessary the grant funds for the following expenses incurred as
cited as the ‘‘Real Economic Support That request to support the ongoing operations of a direct result of the COVID–19 pandemic:
Acknowledges Unique Restaurant Assistance the eligible entity; (i) Payroll costs.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4959
(ii) Payments of principal or interest on SA 2589. Ms. ERNST submitted an tax holiday period, the rate of tax under
any mortgage obligation. amendment intended to be proposed to 3101(a) of such Code shall be 0 percent (in-
(iii) Rent payments, including rent under a amendment SA 2499 proposed by Mr. cluding for purposes of determining the ap-
lease agreement. plicable percentage under sections 3201(a)
MCCONNELL to the bill S. 178, to con-
(iv) Utilities. and 3211(a)(1) of such Code),
(v) Maintenance expenses, including— demn gross human rights violations of (2) with respect to remuneration paid to a
(I) construction to accommodate outdoor ethnic Turkic Muslims in Xinjiang, and qualified employee during the payroll tax
seating; and calling for an end to arbitrary deten- holiday period, the rate of tax under section
(II) walls, floors, deck surfaces, furniture, tion, torture, and harassment of these 3111(a) of such Code shall be 0 percent (in-
fixtures, and equipment. communities inside and outside China; cluding for purposes of determining the ap-
(vi) Supplies, including protective equip- which was ordered to lie on the table; plicable percentage under section 3221(a) of
ment and cleaning materials, as required by as follows: such Code), and
applicable public health departments. (3) with respect to any portion of a taxable
At the appropriate place, insert the fol- year which is in the payroll tax holiday pe-
(vii) Food and beverage expenses that are
lowing: riod, the rate of tax under section 1401(a) of
within the scope of the normal business prac-
SEC. lll. SUPPLEMENTAL APPROPRIATIONS the Internal Revenue Code of 1986 shall be 0
tice of the eligible entity before the covered FOR DEPARTMENT OF JUSTICE PRO-
period. percent.
GRAMS.
(viii) Debt obligations to suppliers that (b) QUALIFIED EMPLOYEE.— The term
(a) APPROPRIATIONS.—There is appro- ‘‘qualified employee’’ means, with respect to
were incurred before the covered period. priated, out of any money in the Treasury
(ix) Operational expenses. remuneration received from or paid by an
not otherwise appropriated, to remain avail- employer during the payroll tax holiday pe-
(x) Any other expenses that the Secretary able until September 30, 2021, an additional
determines to be essential to maintaining riod, an employee who was employed by such
amount for ‘‘Department of Justice, State employer on or before September 1, 2020.
the eligible entity. and Local Law Enforcement Activities, Of-
(B) RETURNING FUNDS.—If an eligible entity (c) PAYROLL TAX HOLIDAY PERIOD.—The
fice on Violence Against Women, Violence term ‘‘payroll tax holiday period’’ means the
that receives a grant under this subsection Against Women Prevention and Prosecution
permanently ceases operations on or before period beginning on the date of the enact-
Programs’’, $385,000,000, of which— ment of this Act and ending on December 31,
December 31, 2020, the eligible entity shall (1) $225,000,000 is for grants to combat vio-
return to the Treasury any funds that the el- 2020.
lence against women, as authorized by part (d) COORDINATION WITH DELAY OF PAYMENT
igible entity did not use for the allowable ex- T of the Omnibus Crime Control and Safe OF EMPLOYER PAYROLL TAXES.—Section
penses under subparagraph (A). Streets Act of 1968 (34 U.S.C. 10441 et seq.), 2302(d)(2) of the CARES Act (Public Law 116-
(C) CONVERSION TO LOAN.—Any grant provided that such amounts are used to 136) is amended by striking ‘‘January 1, 2021’’
amounts received by an eligible entity under allow for flexible funding for victim service and inserting ‘‘the date of the enactment of
this subsection that are unused after Decem- providers; the Coronavirus Relief Fair Unemployment
ber 31, 2020 shall be immediately converted (2) $40,000,000 is for transitional housing as- Compensation Act of 2020’’.
to a loan with— sistance grants for victims of domestic vio- (e) EMPLOYER NOTIFICATION.—The Sec-
(i) an interest rate of 1 percent; and lence, dating violence, stalking, or sexual as- retary of the Treasury shall notify employ-
(ii) a maturity date of 10 years. sault as authorized by section 40299 of the ers of the payroll tax holiday period in any
(7) TAXABILITY.—For purposes of the Inter- Violent Crime Control and Law Enforcement manner the Secretary deems appropriate.
nal Revenue Code of 1986— Act of 1994 (Public Law 103–322); (f) TRANSFERS OF FUNDS, ETC.—
(A) the amount of a grant awarded to an el- (3) $100,000,000 is for sexual assault victims (1) TRANSFERS TO FEDERAL OLD-AGE AND
igible entity under this subsection shall be assistance as authorized by section 41601 of SURVIVORS INSURANCE TRUST FUND.—There
excluded from the gross income of the eligi- the Violent Crime Control and Law Enforce- are hereby appropriated to the Federal Old-
ble entity; ment Act of 1994 (Public Law 103–322); Age and Survivors Insurance Trust Fund and
(B) no deduction shall be denied or re- (4) $10,000,000 is for grants for outreach and the Federal Disability Insurance Trust Fund
duced, no tax attribute shall be reduced, and services to underserved populations as au- established under section 201 of the Social
no basis increase shall be denied, by reason thorized by section 120 of the Violence Security Act (42 U.S.C. 401) and the Social
of the exclusion from gross income provided Against Women and Department of Justice Security Equivalent Benefit Account estab-
by subparagraph (A); and Reauthorization Act of 2005 (Public Law 109– lished under section 15A(a) of the Railroad
(C) an eligible entity that receives a grant 162); and Retirement Act of 1974 (45 U.S.C. 231n–1(a))
under this subsection shall not be eligible for (5) $10,000,000 is for rural domestic violence amounts equal to the reduction in revenues
the credit described in section 2301 of the and child abuse enforcement assistance to the Treasury by reason of this section
CARES Act (Public Law 116–136). grants, as authorized by section 40295 of the (without regard to this paragraph). Amounts
(8) REGULATIONS.—Not later than 15 days Violent Crime Control and Law Enforcement appropriated by the preceding sentence shall
after the date of enactment of this Act, the Act of 1994 (Public Law 103–322). be transferred from the general fund at such
Secretary shall issue regulations to carry (b) EMERGENCY DESIGNATION.— times and in such manner as to replicate to
out this subsection without regard to the no- (1) IN GENERAL.—The amounts provided the extent possible the transfers which
tice and comment requirements under sec- under this section are designated as an emer- would have occurred to such Trust Fund or
tion 553 of title 5, United States Code. gency requirement pursuant to section 204(g) Account had this section not been enacted.
(9) APPROPRIATIONS FOR STAFFING AND AD- of the Statutory Pay-As-You-Go Act of 2010 (2) COORDINATION WITH OTHER FEDERAL
MINISTRATIVE EXPENSES.— (2 U.S.C. 933(g)). LAWS.—For purposes of applying any provi-
(A) IN GENERAL.—There is appropriated to (2) DESIGNATION IN SENATE.—In the Senate, sion of Federal law other than the provisions
the Secretary, out of amounts in the Treas- this section is designated as an emergency of the Internal Revenue Code of 1986, the rate
ury not otherwise appropriated, $200,000,000, requirement pursuant to section 4112(a) of H. of tax in effect under section 3101(a) of such
to remain available until December 31, 2020, Con. Res. 71 (115th Congress), the concurrent Code shall be determined without regard to
for staffing and administrative expenses re- resolution on the budget for fiscal year 2018. the reduction in such rate under this section.
lated to administering grants awarded under
this subsection. SA 2590. Mr. SCOTT of Florida sub- SA 2591. Mr. SCOTT of Florida sub-
(B) SET ASIDE.—Of amounts appropriated mitted an amendment intended to be mitted an amendment intended to be
under subparagraph (A), $60,000,000 shall be proposed to amendment SA 2499 pro- proposed to amendment SA 2499 pro-
allocated for outreach to traditionally posed by Mr. MCCONNELL to the bill S. posed by Mr. MCCONNELL to the bill S.
marginalized and underrepresented commu- 178, to condemn gross human rights 178, to condemn gross human rights
nities, with a focus on women, veteran, and violations of ethnic Turkic Muslims in
minority-owned and operated eligible enti-
violations of ethnic Turkic Muslims in
ties, including the creation of a resource cen-
Xinjiang, and calling for an end to ar- Xinjiang, and calling for an end to ar-
ter targeted toward these communities. bitrary detention, torture, and harass- bitrary detention, torture, and harass-
ment of these communities inside and ment of these communities inside and
(e) EMERGENCY DESIGNATION.—
outside China; which was ordered to lie outside China; which was ordered to lie
(1) IN GENERAL.—The amounts provided by
this section are designated as an emergency on the table; as follows: on the table; as follows:
SSpencer on DSK126QN23PROD with SENATE
requirement pursuant to section 4(g) of the At the appropriate place, insert the fol- At the appropriate place, insert the fol-
Statutory Pay-As-You-Go Act of 2010 (2 lowing: lowing:
U.S.C. 933(g)). SEC. ll. TEMPORARY EMPLOYEE AND EM- SEC. lll. EXPANSION AND EXTENSION OF
(2) DESIGNATION IN SENATE.—In the Senate, PLOYER PAYROLL TAX CUT. BONUS DEPRECIATION.
this section is designated as an emergency (a) IN GENERAL.—Notwithstanding any (a) IN GENERAL.—Section 168(k) of the In-
requirement pursuant to section 4112(a) of H. other provision of law— ternal Revenue Code of 1986 is amended—
Con. Res. 71 (115th Congress), the concurrent (1) with respect to remuneration received (1) in paragraph (2)—
resolution on the budget for fiscal year 2018. by a qualified employee during the payroll (A) in subparagraph (A)—
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