Congressional Record — Senate, S5302 (August 6, 2020)
Summary
Page S5302 of the Senate section of the Congressional Record for August 6, 2020. It prints amendment text on federal pandemic unemployment compensation that sets an applicable flat option amount and cap amount by period: $200 and $500 for weeks ending before August 31, 2020, $150 and $400 through September 30, 2020, and $100 through November 1, 2020. It also prints tax credit provisions, including that an eligible taxable year is any taxable year ending in 2019 or 2020 and that credits are treated as an overpayment of tax. A notice records that amendment SA 2603 came from Lee. It was intended to be proposed to the amendment numbered 2499 and was ordered to lie on the table.
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“Congressional Record — Senate, S5302 (August 6, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-06-crec-2020-08-06-pt1-pgs5302-2db07edb3f/
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S5302 CONGRESSIONAL RECORD — SENATE August 6, 2020
(I) to estimate the value of Federal land as under the pandemic unemployment assist- ‘‘(2) TREATMENT OF CREDIT.—For purposes
that land is currently used; and ance program under section 2102, as de- of this title (other than this section and sec-
(II) to estimate changes in that value due scribed in subsection (d)(1)(A)(i) or (d)(2) of tion 39), the excess of—
to future uses under various scenarios under such section 2102, for which subclause (I) or ‘‘(A) amount of the credit allowed solely by
private or public ownership. (II) do not apply, an amount equal to 1⁄52 of reason of this subsection, over
(3) CONTRACTS AND CONSULTANTS.—The Sec- the sum of all base period wages. ‘‘(B) net income tax (as defined in sub-
retary may contract or consult with any ‘‘(ii) SPECIAL RULE.—If more than one of section (c)(1)) reduced by credits allowable
public or private entity to analyze data, con- the methods of computation under sub- under subparts D (without regard to this sub-
duct research, or develop a model that would clauses (I), (II), and (III) of clause (i) are ap- section) and G,
contribute to the report and modeling tool plicable to a State, then such term shall shall be treated as an overpayment of tax for
developed by the Secretary under this sub- mean the amount determined under the ap- the taxable year.
section. plicable subclause of clause (i) that results ‘‘(3) ELIGIBLE TAXABLE YEAR.—For purposes
in the highest amount of average weekly of this subsection, the term ‘eligible taxable
SA 2603. Mr. LEE submitted an wages. year’ means any taxable year ending in 2019
amendment intended to be proposed to ‘‘(D) APPLICABLE FLAT OPTION AND CAP or 2020.
amendment SA 2499 proposed by Mr. AMOUNT.—The applicable flat option amount ‘‘(4) ELECTION.—An election under para-
MCCONNELL to the bill S. 178, to con- and the applicable cap amount described in graph (1) shall be made at such time and in
demn gross human rights violations of this subparagraph is as follows: such manner as the Secretary may prescribe.
‘‘(i) For weeks of unemployment beginning ‘‘(5) GUIDANCE AND REGULATIONS.—The Sec-
ethnic Turkic Muslims in Xinjiang, and
after the last week under subparagraph (A)(i) retary shall prescribe such regulations and
calling for an end to arbitrary deten- and ending before August 31, 2020— guidance as may be necessary to carry out
tion, torture, and harassment of these ‘‘(I) the applicable flat option amount is this subsection, including regulations or
communities inside and outside China; $200; and guidance to prevent any double counting of
which was ordered to lie on the table; ‘‘(II) the applicable cap amount is $500. credits allowable under this section.’’.
as follows: ‘‘(ii) For weeks of unemployment begin- (b) ALLOWANCE OF REFUNDS.—Section
Beginning on page 2, strike line 13 and all ning after the last week under clause (i) and 1324(b)(2) of title 31, United States Code, is
ending on or before September 30, 2020— amended by inserting ‘‘38(e)’’ after ‘‘36B’’.
that follows through page 5, line 18, and in-
‘‘(I) the applicable flat option amount is (c) CONFORMING AMENDMENT.—Section
sert the following: 6211(b)(4)(A) of the Internal Revenue Code of
‘‘(3) AMOUNT OF FEDERAL PANDEMIC UNEM- $150; and
‘‘(II) the applicable cap amount is $400. 1986 is amended by inserting ‘‘38(e),’’ after
PLOYMENT COMPENSATION.—
‘‘(iii) For weeks of unemployment begin- ‘‘36B,’’.
‘‘(A) IN GENERAL.—The amount specified in (d) CREDITS NOT SUBJECT TO SEQUESTRA-
this paragraph is the following amount with ning after the last week under clause (ii) and
TION.—Section 255(d) of the Balanced Budget
respect to an individual: ending on or before November 1, 2020—
and Emergency Deficit Control Act of 1985 (2
‘‘(i) For weeks of unemployment beginning ‘‘(I) the applicable flat option amount is
U.S.C. 905(d)) is amended—
after the date on which an agreement is en- $100; and
(1) by striking ‘‘Payments’’ and inserting
tered into under this section and ending on ‘‘(II) the applicable cap amount is $300. the following:
or before July 31, 2020, $600. ‘‘(iv) For weeks of unemployment begin- ‘‘(1) IN GENERAL.—Payments’’, and
‘‘(ii) For weeks of unemployment begin- ning after the last week under clause (iii) (2) by adding at the end the following:
ning after the last week under clause (i) and and ending on or before November 30, 2020— ‘‘(2) GENERAL BUSINESS CREDITS.—Pay-
ending before December 31, 2020, an amount ‘‘(I) the applicable flat option amount is ments made under subsection (e) of section
equal to one of the following, as determined $50; and 38 of the Internal Revenue Code of 1986 shall
by the State for all individuals: ‘‘(II) the applicable cap amount is $200. be exempt from reduction under any order
‘‘(I) The applicable flat option amount de- ‘‘(v) For weeks of unemployment beginning issued under this part.’’.
scribed in subparagraph (D). after the last week under clause (iv) and end- (e) SPECIAL RULE FOR REFUNDS.—
‘‘(II) An amount (not to exceed the applica- ing on or before December 31, 2020— (1) IN GENERAL.—For purposes of the Inter-
ble cap amount described in subparagraph ‘‘(I) the applicable flat option amount is $0; nal Revenue Code of 1986, a credit or refund
(D)) equal to— and for which an application described in para-
‘‘(aa) two-thirds of the individual’s average ‘‘(II) the applicable cap amount is $100.’’. graph (2)(A) is filed shall be treated as made
weekly wages; minus under section 6411 of such Code.
‘‘(bb) the individual’s base amount (deter- SA 2604. Mr. CORNYN submitted an (2) TENTATIVE REFUND.—
mined prior to any reductions or offsets). amendment intended to be proposed to (A) APPLICATION.—A taxpayer may file an
‘‘(B) BASE AMOUNT.—For purposes of this amendment SA 2499 proposed by Mr. application for a tentative credit or refund of
paragraph, the term ‘base amount’ means, any amount for which a credit or refund for
MCCONNELL to the bill S. 178, to con-
with respect to an individual, an amount any taxable year is due by reason of section
demn gross human rights violations of 38(e) of the Internal Revenue Code of 1986.
equal to—
‘‘(i) for weeks of unemployment under the ethnic Turkic Muslims in Xinjiang, and Such application shall be in such manner
pandemic unemployment assistance program calling for an end to arbitrary deten- and form as the Secretary of the Treasury
under section 2102, the amount determined tion, torture, and harassment of these (or the Secretary’s delegate) may prescribe
under subsection (d)(1)(A)(i) or (d)(2) of such communities inside and outside China; and shall—
section 2102, as applicable; or which was ordered to lie on the table; (i) be verified in the same manner as an ap-
‘‘(ii) for all other weeks of unemployment, plication under section 6411(a) of such Code,
as follows:
the amount determined under paragraph (ii) be filed not later than the date that is
(1)(A) of this subsection. At the appropriate place, insert the fol- 120 days after the date of the enactment of
‘‘(C) AVERAGE WEEKLY WAGES.— lowing: this Act, and
‘‘(i) IN GENERAL.—Subject to clause (ii), for SEC. lll. MONETIZATION OF GENERAL BUSI- (iii) set forth—
purposes of this paragraph, the term ‘aver- NESS CREDITS. (I) the amount of the credit claimed under
age weekly wages’ means, with respect to an (a) IN GENERAL.—Section 38 of the Internal section 38(e) of such Code for such taxable
individual, the following: Revenue Code of 1986 is amended by inserting year, and
‘‘(I) If the State computes the individual after subsection (d) the following: (II) the amount of the refund claimed.
weekly unemployment compensation benefit ‘‘(e) SPECIAL RULES FOR ELIGIBLE YEARS.— (B) ALLOWANCE OF ADJUSTMENTS.—Within a
amount based on an individual’s average ‘‘(1) IN GENERAL.—If a taxpayer elects the period of 90 days from the date on which an
weekly wages in a base period, an amount application of this subsection for any eligi- application is filed under subparagraph (A),
equal to the individual’s average weekly ble taxable year— the Secretary of the Treasury (or the Sec-
wages used in such computation. ‘‘(A) the limitation under subsection (c) retary’s delegate) shall—
‘‘(II) If the State computes the individual shall be increased by an amount equal to the (i) review the application,
weekly unemployment compensation benefit excess (if any) of— (ii) determine the amount of the overpay-
amount based on high quarter wages or a for- ‘‘(i) the credit allowed under subsection (a) ment, and
mula using wages across some but not all for the taxable year (determined without re- (iii) apply, credit, or refund such overpay-
quarters in a base period, an amount equal gard to subsection (c)), over ment,
SSpencer on DSK126QN23PROD with SENATE
to 1⁄13 of such high quarter wages or average ‘‘(ii) the credit allowed under subsection in a manner similar to the manner provided
wages of the applicable quarters used in the (a) for such taxable year (determined after in section 6411(b) of the Internal Revenue
computation for the individual. the application of subsection (c)), and Code of 1986.
‘‘(III) If the State uses computations other ‘‘(B) the amount of the credit determined (C) CONSOLIDATED RETURNS.—The provi-
than the computations under subclause (I) or under section 41(a) for such taxable year sions of section 6411(c) of the Internal Rev-
(II) for the individual weekly unemployment shall be determined without regard to the enue Code of 1986 shall apply to an adjust-
compensation benefit amount, or for com- limitation in the first sentence of section ment under this paragraph to the same ex-
putations of the weekly benefit amount 41(g). tent and manner as the Secretary of the
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