Congressional Record, Senate - August 6, 2020, S5299
Summary
This is page S5299 of the Congressional Record, Senate, August 6, 2020, with interleaved columns. It prints the later sections of a bill on United States Olympic and Paralympic sports, including a Commission on the State of U.S. Olympics and Paralympics of 16 members, a bankruptcy stay exemption, enhanced child abuse reporting, and a severability section. The Commission is to study reforms at the United States Olympic and Paralympic Committee and report to Congress. The page also prints SA 2595, submitted by Ms. Ernst as an amendment to amendment SA 2499 proposed by Mr. McConnell, on calculating the maximum loan amount for farmers and ranchers under section 7(a)(36) of the Small Business Act, covering those who report farm income on Schedule F.
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“Congressional Record, Senate - August 6, 2020, S5299.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5299-2-6f9bdc59a9/
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August 6, 2020 CONGRESSIONAL RECORD — SENATE S5299
of testing of the internal controls and the re- (i) Experience in 1 or more of the following: the Commission shall submit to Congress a
sults of such testing; and (I) Amateur, Olympic and Paralympic, or report on the results of the study conducted
‘‘(C) a compliance assessment that in- professional athletics. under paragraph (1), including a detailed
cludes an opinion or a disclaimer of opinion (II) Elite athletic coaching. statement of findings, conclusions, rec-
as to whether the Center has complied with (III) Public service relating to sports. ommendations, and suggested policy
the terms and conditions of subsection (b); (IV) Professional advocacy for increased changes.
and minority participation in sports. (B) PUBLIC AVAILABILITY.—The report re-
‘‘(2) ‘independent auditor’ means an inde- (V) Olympic and Paralympic sports admin- quired by subparagraph (A) shall be made
pendent certified public accountant or inde- istration or professional sports administra- available to the public on an internet
pendent licensed public accountant, certified tion. website of the United States Government
or licensed by a regulatory authority of a (ii) Expertise in bullying prevention and that is available to the public.
State or a political subdivision of a State, the promotion of a healthy organizational (j) POWERS OF COMMISSION.—
who meets the standards specified in gen- culture. (1) SUBPOENA AUTHORITY.—The Commission
erally accepted accounting principles.’’. (B) OLYMPIC OR PARALYMPIC ATHLETES.— may subpoena an individual the testimony of
SEC. 9. EXEMPTION FROM AUTOMATIC STAY IN Not fewer than 8 members appointed under whom may be relevant to the purpose of the
BANKRUPTCY CASES. paragraph (1) shall be current or former Commission.
Section 362(b) of title 11, United States Olympic or Paralympic athletes. (2) FURNISHING INFORMATION.—On request
Code, is amended— (c) INITIAL MEETING.—Not later than 30 by the executive director of the Commission,
(1) in paragraph (27), by striking ‘‘and’’ at days after the date on which the last mem- the head of a Federal agency shall furnish in-
the end; ber is appointed under paragraph (1), the formation to the Commission.
(2) in paragraph (28), by striking the period Commission shall hold an initial meeting. (k) TERMINATION OF COMMISSION.—The
at the end and inserting ‘‘; and’’; and (d) QUORUM.—11 members of the Commis- Commission shall terminate 90 days after the
(3) by inserting after paragraph (28) the fol- sion shall constitute a quorum. date on which the Commission submits the
lowing: (e) NO PROXY VOTING.—Proxy voting by report under subsection (i)(2).
‘‘(29) under subsection (a)(1) of this section, members of the Commission shall be prohib- (l) AUTHORIZATION OF APPROPRIATIONS.—
of any action by— ited. There is authorized to be appropriated such
‘‘(A) an amateur sports organization, as de- (f) STAFF.—The co-chairs of the Commis-
sums as may be necessary to carry out this
fined in section 220501(b) of title 36, to re- sion shall appoint an executive director of
section.
place a national governing body, as defined the Commission, and such staff as appro-
SEC. 12. SEVERABILITY.
in that section, under section 220528 of that priate, with compensation.
(g) PUBLIC HEARINGS.—The Commission If any provision of this Act, or an amend-
title; or ment made by this Act, is determined to be
shall hold 1 or more public hearings.
‘‘(B) the corporation, as defined in section (h) TRAVEL EXPENSES.—Members of the unenforceable or invalid, the remaining pro-
220501(b) of title 36, to revoke the certifi- Commission shall serve without pay, but visions of this Act and the amendments
cation of a national governing body, as de- shall receive travel expenses in accordance made by this Act shall not be affected.
fined in that section, under section 220521 of with sections 5702 and 5703 of title 5, United
that title.’’. f
States Code.
SEC. 10. ENHANCED CHILD ABUSE REPORTING. (i) DUTIES OF COMMISSION.— TEXT OF AMENDMENTS
Section 226(c)(9) of the Victims of Child (1) STUDY.—
Abuse Act of 1990 (34 U.S.C. 20341(c)(9)) is
SA 2595. Ms. ERNST submitted an
(A) IN GENERAL.—The Commission shall
amended— conduct a study on matters relating to the
amendment intended to be proposed to
(1) by striking ‘‘adult who is authorized’’ state of United States participation in the amendment SA 2499 proposed by Mr.
and inserting the following: ‘‘adult who— Olympic and Paralympic Games. MCCONNELL to the bill S. 178, to con-
‘‘(A) is authorized’’; (B) MATTERS STUDIED.—The study under demn gross human rights violations of
(2) in subparagraph (A), as so designated, subparagraph (A) shall include— ethnic Turkic Muslims in Xinjiang, and
by inserting ‘‘or’’ after the semicolon at the (i) a review of the most recent reforms un- calling for an end to arbitrary deten-
end; and dertaken by the United States Olympic and tion, torture, and harassment of these
(3) by adding at the end the following: Paralympic Committee;
‘‘(B) is an employee or representative of
communities inside and outside China;
(ii) a description of proposed reforms to the
the United States Center for SafeSport;’’. structure of the United States Olympic and which was ordered to lie on the table;
SEC. 11. COMMISSION ON THE STATE OF U.S. Paralympic Committee; as follows:
OLYMPICS AND PARALYMPICS. (iii) an assessment as to whether the board At the appropriate place, insert the fol-
(a) ESTABLISHMENT.—There is established of directors of the United States Olympic lowing:
within the legislative branch a commission, and Paralympic Committee includes diverse SEC. lll. CALCULATION OF MAXIMUM LOAN
to be known as the ‘‘Commission on the members, including athletes; AMOUNT FOR FARMERS AND RANCH-
State of U.S. Olympics and Paralympics’’ (iv) an assessment of United States athlete ERS UNDER THE PAYCHECK PRO-
(referred to in this section as the ‘‘Commis- participation levels in the Olympic and TECTION PROGRAM.
sion’’). Paralympic Games; Section 7(a)(36) of the Small Business Act
(b) COMPOSITION.— (v) a description of the status of any (15 U.S.C. 636(a)(36)) is amended—
(1) IN GENERAL.—The Commission shall be United States Olympic and Paralympic Com- (1) in subparagraph (E), in the matter pre-
composed of 16 members, of whom— mittee licensing arrangement; ceding clause (i), by striking ‘‘During’’ and
(A) 4 members shall be appointed by the (vi) an assessment as to whether the inserting ‘‘Except as provided in subpara-
chairman of the Committee on Commerce, United States is achieving the goals for the graph (T), during’’; and
Science, and Transportation of the Senate; Olympic and Paralympic Games set by the (2) by adding at the end the following:
(B) 4 members shall be appointed by the United States Olympic and Paralympic Com- ‘‘(T) CALCULATION OF MAXIMUM LOAN
ranking member of the Committee on Com- mittee; AMOUNT FOR FARMERS AND RANCHERS.—
merce, Science, and Transportation of the (vii) an analysis of the participation in ‘‘(i) DEFINITION.—In this subparagraph, the
Senate; amateur athletics of— term ‘covered recipient’ means an eligible
(C) 4 members shall be appointed by the (I) women; recipient that—
chairman of the Committee on Energy and (II) disabled individuals; and ‘‘(I) operates as a sole proprietorship or as
Commerce of the House of Representatives; (III) minorities; an independent contractor, or is an eligible
and (viii) a description of ongoing efforts by self-employed individual;
(D) 4 members shall be appointed by the the United States Olympic and Paralympic ‘‘(II) reports farm income or expenses on a
ranking member of the Committee on En- Committee to recruit the Olympic and Schedule F (or any equivalent successor
ergy and Commerce of the House of Rep- Paralympic Games to the United States; schedule); and
resentatives. (ix) an evaluation of the functions of the ‘‘(III) was in business during the period be-
(2) CO-CHAIRS.—Of the members of the national governing bodies (as defined in sec- ginning on February 15, 2019, and ending on
Commission— tion 220501 of title 36, United States Code) June 30, 2019.
(A) 1 co-chair shall be designated by the and an analysis of the responsiveness of the ‘‘(ii) NO EMPLOYEES.—With respect to cov-
chairman of the Committee on Commerce, national governing bodies to athletes with ered recipient without employees, the max-
Science, and Transportation of the Senate; respect to the duties of the national gov- imum covered loan amount shall be the less-
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and erning bodies under section 220524(a)(3) of er of—
(B) 1 co-chair shall be designated by the title 36, United States Code; and ‘‘(I) the sum of—
chairman of the Committee on Energy and (x) an assessment of the finances and the ‘‘(aa) the product obtained by multi-
Commerce of the House of Representatives. financial organization of the United States plying—
(3) QUALIFICATIONS.— Olympic and Paralympic Committee. ‘‘(AA) the gross income of the covered re-
(A) IN GENERAL.—Each member appointed (2) REPORT.— cipient in 2019, as reported on a Schedule F
to the Commission shall have the following (A) IN GENERAL.—Not later than 270 days (or any equivalent successor schedule), that
qualifications: after the date of the enactment of this Act, is not more than $100,000, divided by 12; and
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S5300 CONGRESSIONAL RECORD — SENATE August 6, 2020
‘‘(BB) 2.5; and spect to the Coronavirus Disease 2019 At the appropriate place, insert the fol-
‘‘(bb) the outstanding amount of a loan (COVID–19); and lowing:
under subsection (b)(2) that was made during ‘‘(II) were not accounted for in the budget SEC. ll. USE OF PPP LOANS FOR SUPPLIER
the period beginning on January 31, 2020, and most recently approved as of the date of en- COSTS.
ending on April 3, 2020, that the borrower in- actment of this section for the State or gov- (a) IN GENERAL.—Section 7(a)(36)(F)(i) of
tends to refinance under the covered loan, ernment; and the Small Business Act (15 U.S.C.
not including any amount of any advance ‘‘(ii) in accordance with a qualifying eco- 636(a)(36)(F)(i)) is amended—
under the loan that is not required to be re- nomic development plan. (1) in subclause (VI), by striking ‘‘and’’ at
paid; or ‘‘(B) AVAILABILITY.—Any funds obligated the end;
‘‘(II) $2,000,000. under subparagraph (A) as of the date speci- (2) in subclause (VII), by striking the pe-
‘‘(iii) WITH EMPLOYEES.—With respect to a fied in such subparagraph shall remain avail- riod at the end and inserting ‘‘; and’’; and
covered recipient with employees, the max- able until expended. (3) by adding at the end the following:
imum covered loan amount shall be cal- ‘‘(C) CERTIFICATION REQUIREMENT.—In order ‘‘(VIII) covered supplier costs, as defined in
culated using the formula described in sub- to use funds provided under a payment under section 1106(a) of the CARES Act (15 U.S.C.
paragraph (E), except that the gross income this section in accordance with this para- 9005(a)).’’.
of the covered recipient described in clause graph, a State, Tribal government, or unit of (b) LOAN FORGIVENESS.—Section 1106 of the
(ii)(I)(aa)(AA) of this subparagraph, as di- local government shall provide the Secretary CARES Act (15 U.S.C. 9005) is amended—
vided by 12, shall be added to the sum cal- with a certification signed by the Chief Ex- (1) in subsection (a)—
culated under subparagraph (E)(i)(I). ecutive of the State or government that the (A) by redesignating paragraphs (5), (6), (7),
‘‘(iv) RECALCULATION.—A lender that made proposed uses of the funds under the quali- and (8) as paragraphs (6), (7), (8), and (9), re-
a covered loan to a covered recipient before fying economic development plan are con- spectively;
the date of enactment of this subparagraph sistent with the requirements of subpara- (B) by inserting after paragraph (4) the fol-
may, at the request of the covered recipi- graph (A)(i). lowing:
ent— ‘‘(D) QUALIFYING ECONOMIC DEVELOPMENT ‘‘(5) the term ‘covered supplier cost’ means
‘‘(I) recalculate the maximum loan amount PLAN.—For purposes of subparagraph (A), the an expenditure made by an entity to a sup-
applicable to that covered loan based on the term ‘qualifying economic development plan’ plier of goods pursuant to a contract in ef-
formula described in clause (ii) or (iii), as ap- means, with respect to a State or govern- fect before February 15, 2020 for the supply of
plicable, if doing so would result in a larger ment, a plan for using funds paid or distrib- goods that are essential to the operations of
covered loan amount; and uted to the State or government under this the entity at the time at which the expendi-
‘‘(II) provide the covered recipient with ad- section to respond to the COVID–19 public ture is made;’’;
ditional covered loan amounts based on that health emergency that is approved by the (C) in paragraph (8), as so redesignated—
recalculation.’’. State or the governing board of a university (i) in subparagraph (C), by striking ‘‘and’’
before December 30, 2020.’’. at the end; and
SA 2596. Mr. MORAN submitted an (ii) by adding at the end the following:
amendment intended to be proposed to SA 2597. Mr. SCOTT of South Caro- ‘‘(E) covered supplier costs; and’’;
lina submitted an amendment intended (2) in subsection (b) by adding at the end
amendment SA 2499 proposed by Mr. the following:
MCCONNELL to the bill S. 178, to con- to be proposed to amendment SA 2499
‘‘(5) Any covered supplier cost.’’;
demn gross human rights violations of proposed by Mr. MCCONNELL to the bill
(3) in subsection (d)(8), by inserting ‘‘any
ethnic Turkic Muslims in Xinjiang, and S. 178, to condemn gross human rights payment on any covered supplier cost,’’ after
calling for an end to arbitrary deten- violations of ethnic Turkic Muslims in ‘‘rent obligation,’’; and
tion, torture, and harassment of these Xinjiang, and calling for an end to ar- (4) in subsection (e)—
communities inside and outside China; bitrary detention, torture, and harass- (A) in paragraph (2), by inserting ‘‘pay-
which was ordered to lie on the table; ment of these communities inside and ments on covered supplier costs’’ after ‘‘lease
outside China; which was ordered to lie obligations,’’; and
as follows: (B) in paragraph (3)(B), by inserting ‘‘make
At the appropriate place, insert the fol- on the table; as follows:
payments on covered supplier costs,’’ after
lowing: At the appropriate place, insert the fol-
‘‘rent obligation,’’.
SEC. ll. EXTENDED AVAILABILITY FOR lowing: (c) EFFECTIVE DATE; APPLICABILITY.—The
CORONAVIRUS RELIEF FUND PAY- SEC. lll. DIRECT APPROPRIATION TO MBDA. amendments made by section shall be effec-
MENTS USED IN ACCORDANCE WITH (a) DEFINITION.—In this section, the term tive as if included in the CARES Act (Public
A QUALIFYING ECONOMIC DEVELOP- ‘‘small business concern’’ has the meaning Law 116–136) and shall apply to any loan
MENT PLAN. given the term in section 3 of the Small made pursuant to section 7(a)(36) of the
Section 601(d) of the Social Security Act Business Act (15 U.S.C. 632). Small Business Act (15 U.S.C. 636(a)(36)).
(42 U.S.C. 801(d)) is amended to read as fol- (b) APPROPRIATION.—There is appropriated,
lows: out of amounts in the Treasury not other- SA 2599. Mr. LEE submitted an
‘‘(d) USE OF FUNDS; AVAILABILITY.— wise appropriated, for the fiscal year ending amendment intended to be proposed to
‘‘(1) IN GENERAL.—A State, Tribal govern- September 30, 2020, $10,000,000 under the amendment SA 2499 proposed by Mr.
ment, and unit of local government shall use heading ‘‘Department of Commerce—Minor- MCCONNELL to the bill S. 178, to con-
the funds provided under a payment made ity Business Development Agency’’ for mi-
nority business centers of the Minority Busi-
demn gross human rights violations of
under this section to cover only those costs
of the State, Tribal government, or unit of ness Development Agency of the Department ethnic Turkic Muslims in Xinjiang, and
local government that— of Commerce to provide technical assistance calling for an end to arbitrary deten-
‘‘(A) are necessary expenditures incurred to small business concerns. tion, torture, and harassment of these
due to the public health emergency with re- (c) EMERGENCY DESIGNATION.— communities inside and outside China;
spect to the Coronavirus Disease 2019 (1) IN GENERAL.—The amounts provided which was ordered to lie on the table;
(COVID–19); under this section are designated as an emer- as follows:
‘‘(B) were not accounted for in the budget gency requirement pursuant to section 4(g) At the appropriate place, insert the fol-
most recently approved as of the date of en- of the Statutory Pay-As-You-Go Act of 2010 lowing:
actment of this section for the State or gov- (2 U.S.C. 933(g)). SEC. ll. ELIMINATION OF MAINTENANCE OF EF-
ernment; and (2) DESIGNATION IN SENATE.—In the Senate, FORT REQUIREMENTS.
‘‘(C) subject to paragraph (2), were incurred this section is designated as an emergency (a) IN GENERAL.—Section 6008 of the Fami-
during the period that begins on March 1, requirement pursuant to section 4112(a) of H. lies First Coronavirus Response Act (Public
2020, and ends on December 30, 2020. Con. Res. 71 (115th Congress), the concurrent Law 116–127) is amended—
‘‘(2) EXTENDED AVAILABILITY FOR FUNDS resolution on the budget for fiscal year 2018. (1) in subsection (b), by striking ‘‘with re-
USED IN ACCORDANCE WITH A QUALIFYING ECO- spect to a quarter’’ and all that follows
NOMIC DEVELOPMENT PLAN.— SA 2598. Mr. INHOFE submitted an through ‘‘the State does not’’ and inserting
‘‘(A) IN GENERAL.—Notwithstanding sub- amendment intended to be proposed to ‘‘with respect to a quarter, if the State does
paragraph (C) of paragraph (1), funds pro- amendment SA 2499 proposed by Mr. not’’; and
vided under a payment made under this sec- MCCONNELL to the bill S. 178, to con-
SSpencer on DSK126QN23PROD with SENATE
(2) by striking subsection (d).
tion shall remain available to a State, Tribal demn gross human rights violations of (b) EFFECTIVE DATE.—The amendment
government, or unit of local government ethnic Turkic Muslims in Xinjiang, and made by subsection (a)(1) shall take effect as
until December 31, 2022, for obligation by the if included in the enactment of the Families
calling for an end to arbitrary deten-
State or government— First Coronavirus Response Act (Public Law
‘‘(i) for costs of the State or government tion, torture, and harassment of these 116–127).
that— communities inside and outside China;
‘‘(I) are necessary expenditures incurred which was ordered to lie on the table; SA 2600. Mr. LEE submitted an
due to the public health emergency with re- as follows: amendment intended to be proposed to
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