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Congressional Record, Senate, March 4, 2021, Page S1201

Summary

A page of the Congressional Record, Senate, dated March 4, 2021, at page S1201, carrying text of amendments to SA 891, the American Rescue Plan substitute to H.R. 1319. It begins with the end of a section on State and local tax certainty for employees working remotely. SA 948, submitted by Mr. Thune, would strike section 9815 and insert an extension of the 100 percent Federal medical assistance percentage for urban Indian health organizations and certain other health systems. SA 949, submitted by Mr. Hoeven, would reduce amounts in section 1001 and appropriate $20,000,000 for guaranteed rural business lending, and SA 950, submitted by Mr. Crapo, would strike section 9901 and insert new text.

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Cite this document

“Congressional Record, Senate, March 4, 2021, Page S1201.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-04-crec-2021-03-04-pt1-pgs1201-9becdbad32/, SHA-256 e57a433c96855c5757bd6f5f035127ca56ec2516b2b073e3a405ac989a9585c8.

Full text

                                               March 4, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1201
                                               jurisdiction other than the taxing jurisdic-            duties are deemed to have been performed               year quarter beginning after the date of the
                                               tion of the employee’s residence during such            under subsection (a), in which case the tax-           enactment of the American Rescue Plan Act
                                               year as a result of the COVID–19 public                 ing jurisdiction’s definition shall prevail.           of 2021, the Federal medical assistance per-
                                               health emergency, subsection (a)(2) shall be               (4) OUT-OF-JURISDICTION BUSINESS.—The               centage shall also be 100 per centum with re-
                                               applied by substituting ‘‘90 days’’ for ‘‘30            term ‘‘out-of-jurisdiction business’’ means,           spect to amounts expended as medical assist-
                                               days’’.                                                 with respect to any taxing jurisdiction, any           ance for services which are received through
                                               SEC. 9683. STATE AND LOCAL TAX CERTAINTY.               business entity which, excepting any em-               an Urban Indian organization (as defined in
                                                 (a) STATUS OF EMPLOYEES DURING COVERED                ployees of such business who are working re-           paragraph (29) of section 4 of the Indian
                                               PERIOD.—Notwithstanding section 9682(a)(2)              motely within such jurisdiction during the             Health Care Improvement Act) that has a
                                               or any provision of law of a taxing jurisdic-           covered period, would, under the existing law          grant or contract with the Indian Health
                                               tion, with respect to any employee who is               of such taxing jurisdiction, not otherwise—            Service under title V of such Act; for such 8
                                               working remotely within such taxing juris-                 (A) be subject to any registration, tax-            fiscal year quarters, the Federal medical as-
                                               diction during the covered period—                      ation, or other related requirement for busi-          sistance percentage shall also be 100 per cen-
                                                 (1) except as provided under paragraph (2),           nesses operating within such jurisdiction; or          tum with respect to amounts expended as
                                               any wages earned by such employee during                   (B) be deemed a resident of such jurisdic-          medical assistance for services which are re-
                                               such period shall be deemed to have been                tion for tax purposes.                                 ceived through a Native Hawaiian Health
                                               earned at the primary work location of such                (5) PRIMARY WORK LOCATION.—The term                 Center (as defined in section 12(4) of the Na-
                                               employee; and                                           ‘‘primary work location’’ means, with re-              tive Hawaiian Health Care Improvement
                                                 (2) if an employer, at its sole discretion,           spect to an employee, the address of the em-           Act) or a qualified entity (as defined in sec-
                                               maintains a system that tracks where such               ployer where the employee is regularly as-             tion 6(b) of such Act) that has a grant or con-
                                               employee performs duties on a daily basis,              signed to work when such employee is not               tract with the Papa Ola Lokahi under sec-
                                               wages earned by such employee may, at the               working remotely during the covered period.            tion 8 of such Act; and for such 8 fiscal year
                                               election of such employer, be treated as                   (6) TAXING JURISDICTION.—The term ‘‘tax-            quarters, the Federal medical assistance per-
                                               earned at the location in which such duties             ing jurisdiction’’ has the same meaning                centage shall also be 100 per centum with re-
                                               were remotely performed.                                given such term under section 9682(d)(4).              spect to amounts expended as medical assist-
                                                 (b) STATUS OF BUSINESSES DURING COVERED                  (7) WAGES.—The term ‘‘wages’’ means all             ance for services furnished to an Indian or
                                               PERIOD.—Notwithstanding any provision of                wages and other remuneration paid to an                Alaska Native who is eligible for medical as-
                                               law of a taxing jurisdiction—                           employee that are subject to tax or with-              sistance under this title by any provider
                                                 (1) in the case of an out-of-jurisdiction             holding requirements under the law of the              under the State plan, provided that the
                                               business which has any employees working                taxing jurisdiction in which the employment            State has entered into at least one care co-
                                               remotely within such jurisdiction during the            duties are deemed to be performed under sub-           ordination agreement pursuant to State
                                               covered period, the duties performed by such            section (a) during the covered period.                 Health Official letter (SHO #16-002)’’.
                                               employees within such jurisdiction during                  (8) WORKING REMOTELY.—The term ‘‘work-                (b) OFFSET.—Section 602(a) of the Social
                                               such period shall not be sufficient to create           ing remotely’’ means the performance of du-            Security Act, as added by section 9901, is
                                               any nexus or establish any minimum con-                 ties by an employee at a location other than           amended by striking ‘‘$219,800,000,000’’ and
                                               tacts or level of presence that would other-            the primary work location of such employee             inserting ‘‘$218,000,000,000’’.
                                               wise—                                                   at the direction of his or her employer due to
                                                 (A) subject such business to any registra-            conditions resulting from the public health              SA 949. Mr. HOEVEN submitted an
                                               tion, taxation, or other related requirements           emergency relating to the virus SARS–CoV–              amendment intended to be proposed to
                                               for businesses operating within such jurisdic-          2 or coronavirus disease 2019 (referred to in          amendment SA 891 proposed by Mr.
                                               tion; or                                                this paragraph as ‘‘COVID–19’’), including—            SCHUMER to the bill H.R. 1319, to pro-
                                                 (B) cause such business to be deemed a                   (A) to comply with any government order
                                                                                                                                                              vide for reconciliation pursuant to title
                                               resident of such jurisdiction for tax pur-              relating to COVID–19;
                                                                                                          (B) to prevent the spread of COVID–19; and          II of S. Con. Res. 5; which was ordered
                                               poses; and
                                                                                                          (C) due to the employee or a member of the          to lie on the table; as follows:
                                                 (2) except as provided under subsection
                                                                                                       employee’s family contracting COVID–19.                   At the appropriate place, insert the fol-
                                               (a)(2), with respect to any tax imposed by
                                                                                                          (d) PRESERVATION OF AUTHORITY OF TAXING             lowing:
                                               such taxing jurisdiction which is determined,
                                               in whole or in part, based on net or gross re-          JURISDICTIONS.—This section shall not be                  In subsection (a) of section 1001 (relating to
                                               ceipts or income, for purposes of appor-                construed as modifying, impairing, super-              food supply chain and agriculture pandemic
                                               tioning or sourcing such receipts or income,            seding, or authorizing the modification, im-           response), strike ‘‘$4,000,000,000’’ and insert
                                               any duties performed by an employee of an               pairment, or supersession of the law of any            ‘‘$3,980,000,000’’.
                                               out-of-jurisdiction business while working              taxing jurisdiction pertaining to taxation ex-            In subsection (c)(2) of section 1001 (relating
                                               remotely during the covered period—                     cept as expressly provided in subsections (a)          to food supply chain and agriculture pan-
                                                 (A) shall be disregarded with respect to              through (c).                                           demic response), strike ‘‘$300,000,000’’ and in-
                                               any filing requirements for such tax; and               SEC. 9684. EFFECTIVE DATE; APPLICABILITY.              sert ‘‘$280,000,000’’.
                                                 (B) shall be apportioned and sourced to the             (a) EFFECTIVE DATE.—Subject to sub-                     At the end of subtitle A of title I, add the
                                               tax jurisdiction which includes the primary             section (c), this part shall apply to calendar         following:
                                               work location of such employee.                         years beginning after December 31, 2019.               SEC. 1lll. BUSINESS AND INDUSTRY GUARAN-
                                                 (c) DEFINITIONS.—For purposes of this sec-              (b) APPLICABILITY.—This part shall not                         TEED LENDING PROGRAMS.
                                               tion—                                                   apply to any tax obligation that accrues be-
                                                                                                                                                                In addition to amounts otherwise avail-
                                                 (1) COVERED PERIOD.—The term ‘‘covered                fore January 1, 2020.
                                                                                                                                                              able, there is appropriated to the Secretary
                                               period’’ means, with respect to any employee              (c) TERMINATION.—Section 9682 shall not
                                                                                                                                                              of Agriculture for fiscal year 2021, out of any
                                               working remotely, the period—                           apply to calendar years beginning after De-
                                                                                                                                                              money in the Treasury not otherwise appro-
                                                 (A) beginning on the date on which such               cember 31, 2024.
                                                                                                                                                              priated, $20,000,000, to remain available until
                                               employee began working remotely; and                                                                           December 31, 2022, to prevent, prepare for,
                                                 (B) ending on the earlier of—                           SA 948. Mr. THUNE submitted an
                                                                                                                                                              and respond to coronavirus, for the cost of
                                                 (i) the date on which the employer allows,            amendment intended to be proposed to                   loans for rural business development pro-
                                               at the same time—                                       amendment SA 891 proposed by Mr.                       grams authorized by section 310B of the Con-
                                                 (I) such employee to return to their pri-             SCHUMER to the bill H.R. 1319, to pro-                 solidated Farm and Rural Development Act
                                               mary work location; and                                 vide for reconciliation pursuant to title              (7 U.S.C. 1932) and described in subsection (g)
                                                 (II) not less than 90 percent of their perma-         II of S. Con. Res. 5; which was ordered                of that section.
                                               nent workforce to return to such work loca-             to lie on the table; as follows:
                                               tion; or                                                                                                         SA 950. Mr. CRAPO submitted an
                                                 (ii) December 31, 2021.                                 Strike section 9815 and insert the fol-
                                                                                                       lowing:                                                amendment intended to be proposed to
                                                 (2) EMPLOYEE.—The term ‘‘employee’’ has
                                                                                                       SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL            amendment SA 891 proposed by Mr.
                                               the meaning given such term in section
                                               3121(d) of the Internal Revenue Code of 1986,
                                                                                                                    MEDICAL ASSISTANCE PERCENTAGE             SCHUMER to the bill H.R. 1319, to pro-
                                                                                                                    TO URBAN INDIAN HEALTH ORGANI-            vide for reconciliation pursuant to title
                                               unless such term is defined by the taxing ju-                        ZATIONS,    NATIVE    HAWAIIAN
                                               risdiction in which the person’s employment                                                                    II of S. Con. Res. 5; which was ordered




SSpencer on DSK126QN23PROD with SENATE
                                                                                                                    HEALTH   CARE    SYSTEMS,  AND
                                               duties are deemed to have been performed                             STATES WITH CARE COORDINATION             to lie on the table; as follows:
                                               under subsection (a), in which case the tax-                         AGREEMENTS.                                 Strike section 9901 and insert the fol-
                                               ing jurisdiction’s definition shall prevail.              (a) IN GENERAL.—Section 1905(b) of the So-           lowing:
                                                 (3) EMPLOYER.—The term ‘‘employer’’ has               cial Security Act (42 U.S.C. 1396d(b)) is              SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
                                               the meaning given such term in section                  amended by inserting after ‘‘(as defined in                        CAL RECOVERY FUNDS.
                                               3401(d) of the Internal Revenue Code of 1986,           section 4 of the Indian Health Care Improve-             (a) IN GENERAL.—Title VI of the Social Se-
                                               unless such term is defined by the taxing ju-           ment Act)’’ the following: ‘‘; for the 8 fiscal        curity Act (42 U.S.C. 801 et seq.) is amended
                                               risdiction in which the person’s employment             year quarters beginning with the first fiscal          by adding at the end the following:




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