Text of Amendments (Cong. Rec., March 24, 2021)
Summary
A page of the Congressional Record, Senate, dated March 24, 2021, at pages S1777 and S1778, with the end of a resolution honoring Latinas and then amendments submitted to H.R. 1799, the bill to extend the covered period for the paycheck protection program. The amendment texts include a revision letting applicants who file Schedule C calculate the maximum loan amount from gross income, a limit on how the Small Business Administration may prioritize lender applications, ineligibility of certain nonprofit organizations, a loan calculation for partnerships as farmers or ranchers, and a prohibition on covered loans for Planned Parenthood Federation of America and its affiliates. SA 1407 is an amendment proposed by Mr. Murphy for Mr. Durbin to H.R. 1651, on the small business debtor definition. The page ends with committee authorizations to meet.
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“Text of Amendments (Cong. Rec., March 24, 2021).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-24-crec-2021-03-24-pt1-pgs1777-2-c5a13862ab/
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March 24, 2021 CONGRESSIONAL RECORD — SENATE S1777
Tejano music, and Celia Cruz, also known as by him to the bill H.R. 1799, to amend 636(a)(36)(V)(i)(I)) is amended by inserting ‘‘is
the Queen of Salsa, have made lasting and the Small Business Act and the CARES a partnership,’’ after ‘‘independent con-
significant contributions to music through- Act to extend the covered period for tractor,’’.
out the world; (b) EFFECTIVE DATE; APPLICABILITY.—
the paycheck protection program, and
Whereas Latinas serve in the medical pro- (1) IN GENERAL.—Except as provided in
fession, and the first female and first His- for other purposes; which was ordered paragraph (2), the amendment made by sub-
panic Surgeon General of the United States to lie on the table; as follows: section (a) shall be effective as if included in
was appointed in 1990; At the appropriate place, insert the fol- the CARES Act (Public Law 116–136; 134 Stat.
Whereas Latinas serve as journalists, re- lowing: 281) and shall apply to any loan made pursu-
porting vital news and information to the SEC. lll. REVISIONS TO LOAN AMOUNT CAL- ant to section 7(a)(36) of the Small Business
public; CULATION AND ELIGIBILITY. Act (15 U.S.C. 636(a)(36)) before, on, or after
Whereas Latinas are world-class athletes, (a) DEFINITIONS.—In this section— the date of enactment of this Act, including
representing the United States in the Olym- (1) the term ‘‘covered loan’’ means a loan forgiveness of such a loan.
pics and other international competitions; made under paragraph (36) or (37) of section (2) EXCLUSION OF LOANS ALREADY FOR-
Whereas Latinas are paid just 55 cents for 7(a) of the Small Business Act (15 U.S.C. GIVEN.—The amendments made by sub-
every dollar paid to White, non-Hispanic 636(a)); section (a) shall not apply to a loan made
men; (2) the term ‘‘eligible applicant’’ means a pursuant to section 7(a)(36) of the Small
Whereas, in the face of societal obstacles, taxpayer that files Internal Revenue Service Business Act (15 U.S.C. 636(a)(36)) for which
including unequal pay, disparities in edu- Form 1040, Schedule C; and the borrower received forgiveness before the
cation, health care needs, and civil rights (3) the term ‘‘interim final rule’’ means the date of enactment of this Act under section
struggles, Latinas continue to break through interim final rule of the Small Business Ad- 1106 of the CARES Act (15 U.S.C. 9005).
and thrive; ministration entitled ‘‘Business Loan Pro-
Whereas the United States should continue gram Temporary Changes; Paycheck Protec- SA 1404. Mr. RISCH submitted an
to invest in the future of Latinas to address tion Program – Revisions to Loan Amount amendment intended to be proposed by
the barriers they face; and Calculation and Eligibility’’, Docket Number
him to the bill H.R. 1799, to amend the
Whereas, by 2060, Latinas will represent 1⁄4 SBA–2021–0010.
(b) CALCULATION OF MAXIMUM LOAN Small Business Act and the CARES
of the female population of the United
AMOUNT FOR CERTAIN APPLICANTS.— Act to extend the covered period for
States: Now, therefore, be it
Resolved, That the Senate— (1) IN GENERAL.—An eligible applicant ap- the paycheck protection program, and
(1) celebrates and honors the successes of plying for a covered loan may calculate the for other purposes; which was ordered
Latinas and the contributions they have maximum amount of the covered loan using to lie on the table; as follows:
made and continue to make to the United the gross income of the eligible applicant, as
At the appropriate place, insert the fol-
States; and reported on the applicable Internal Revenue
lowing:
(2) recognizes the changes that are still to Service Form 1040, Schedule C filed by the
SEC. lll. INELIGIBILITY OF CERTAIN NON-
be made to ensure that Latinas can realize eligible applicant. PROFIT ORGANIZATIONS UNDER
their full potential as equal members of soci- (2) RETROACTIVE EFFECT.—Notwithstanding THE PAYCHECK PROTECTION PRO-
ety. any provision of the interim final rule, para- GRAM.
graph (1) shall apply with respect to any cov- Clause (xvii)(I) of section 7(a)(36)(A) of the
f ered loan made to an eligible applicant that Small Business Act (15 U.S.C. 636(a)(36)(A)),
AMENDMENTS SUBMITTED AND is approved on or after the date of enactment as added by section 5001(a)(1)(A)(iii) of Public
PROPOSED of the Economic Aid to Hard-Hit Small Busi- Law 117–2, is amended by inserting ‘‘(5) (if
nesses, Nonprofits, and Venues Act (title III the organization is subject to reporting re-
SA 1402. Mr. LANKFORD submitted an of division N of Public Law 116–260).
amendment intended to be proposed by him quirements under the Labor-Management
(c) RECALCULATION.— Reporting and Disclosure Act of 1959 (29
to the bill H.R. 1799, to amend the Small (1) IN GENERAL.—With respect to a covered
Business Act and the CARES Act to extend U.S.C. 401 et seq.)),’’ after ‘‘(4),’’.
loan made to an eligible applicant that was
the covered period for the paycheck protec- approved during the period beginning on the
tion program, and for other purposes; which SA 1405. Mr. RUBIO (for himself, Mr.
date of enactment of the Economic Aid to
was ordered to lie on the table. KENNEDY, Mr. MARSHALL, Mrs. CAPITO,
Hard-Hit Small Businesses, Nonprofits, and
SA 1403. Mr. MARSHALL (for himself and Venues Act (title III of division N of Public Mr. CRAMER, Mr. BRAUN, Mr.
Ms. ERNST) submitted an amendment in- Law 116–260) and ending on the day before LANKFORD, Mr. BARRASSO, Mr. RISCH,
tended to be proposed by him to the bill H.R. the date of enactment of this Act, the eligi- and Mr. SCOTT of South Carolina) sub-
1799, supra; which was ordered to lie on the ble applicant may submit to the lender with mitted an amendment intended to be
table. respect to the covered loan a request to re- proposed by him to the bill H.R. 1799,
SA 1404. Mr. RISCH submitted an amend- calculate the amount of the covered loan
ment intended to be proposed by him to the to amend the Small Business Act and
based on the application of this section. the CARES Act to extend the covered
bill H.R. 1799, supra; which was ordered to lie (2) SUPPLEMENTAL PAYMENTS.—If, after re-
on the table. period for the paycheck protection pro-
ceiving a request from an eligible applicant
SA 1405. Mr. RUBIO (for himself, Mr. KEN-
under paragraph (1), the applicable lender de- gram, and for other purposes; which
NEDY, Mr. MARSHALL, Mrs. CAPITO, Mr. was ordered to lie on the table; as fol-
termines that the amount of the applicable
CRAMER, Mr. BRAUN, Mr. LANKFORD, Mr. BAR- lows:
covered loan, because of the application of
RASSO, Mr. RISCH, and Mr. SCOTT of South
this section, would be greater than the On page 2, between lines 15 and 16, insert
Carolina) submitted an amendment intended
amount of the covered loan originally made the following:
to be proposed by him to the bill H.R. 1799,
to the eligible applicant, the lender shall (d) LIMITATION ON PRIORITIZATION.—During
supra; which was ordered to lie on the table.
provide to the eligible applicant a payment the period beginning on the date of enact-
SA 1406. Mr. MARSHALL (for himself, Mr.
that is equal to the difference between the ment of this Act and ending on the last day
RISCH, Mr. DAINES, Mr. LANKFORD, Mr.
amount of the covered loan originally made of the covered period, as defined in section
RUBIO, and Ms. ERNST) submitted an amend-
to the eligible applicant and the amount of 7(a)(36)(A)(iii) of the Small Business Act (15
ment intended to be proposed by him to the
the covered loan based on the application of U.S.C. 636(a)(36)(A)(iii)), as amended by this
bill H.R. 1799, supra; which was ordered to lie
this section. Act, the Administrator of the Small Busi-
on the table.
SA 1407. Mr. MURPHY (for Mr. DURBIN) ness Administration may not establish or en-
SA 1403. Mr. MARSHALL (for himself force any priority for processing lender ap-
proposed an amendment to the bill H.R. 1651,
to amend the CARES Act to extend the sun- and Ms. ERNST) submitted an amend- plications under paragraph (36) or (37) of sec-
set for the definition of a small business ment intended to be proposed by him tion 7(a) of the Small Business Act (15 U.S.C.
debtor, and for other purposes. to the bill H.R. 1799, to amend the 636(a)), except for any priority reasonably
SA 1408. Ms. MURKOWSKI submitted an Small Business Act and the CARES necessary to carry out the set-asides estab-
amendment intended to be proposed by her Act to extend the covered period for lished under section 323(d) of the Economic
to the bill H.R. 1799, to amend the Small Aid to Hard-Hit Small Businesses, Non-
the paycheck protection program, and
Business Act and the CARES Act to extend profits, and Venues Act (title III of division
for other purposes; which was ordered
rfrederick on DSKBCBPHB2PROD with SENATE
the covered period for the paycheck protec- N of Public Law 116–260).
to lie on the table; as follows:
tion program, and for other purposes; which
was ordered to lie on the table. At the appropriate place, insert the fol- SA 1406. Mr. MARSHALL (for him-
lowing: self, Mr. RISCH, Mr. DAINES, Mr.
f SEC. ll. PARTNERSHIP PAYCHECK PROTEC-
TION PROGRAM LOAN CALCULATION
LANKFORD, Mr. RUBIO, and Ms. ERNST)
TEXT OF AMENDMENTS submitted an amendment intended to
AS FARMER OR RANCHER.
SA 1402. Mr. LANKFORD submitted (a) IN GENERAL.—Section 7(a)(36)(V)(i)(I) of be proposed by him to the bill H.R.
an amendment intended to be proposed the Small Business Act (15 U.S.C. 1799, to amend the Small Business Act
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S1778 CONGRESSIONAL RECORD — SENATE March 24, 2021
and the CARES Act to extend the cov- cipient had gross receipts during the first, today’s session of the Senate. They
ered period for the paycheck protection second, third, or, only with respect to an ap- have the approval of the Majority and
program, and for other purposes; which plication submitted on or after January 1, Minority leaders.
2021, fourth quarter of 2020 that demonstrate
was ordered to lie on the table; as fol- Pursuant to Rule XXVI, paragraph
not less than a 75 percent reduction from the
lows: gross receipts of the eligible recipient during 5(a), of the Standing Rules of the Sen-
At the appropriate place, insert the fol- the third or fourth quarter of 2019; ate, the following committees are au-
lowing: ‘‘(III) if the eligible recipient was not in thorized to meet during today’s session
SEC. ll. LIMITATION. business during the first, second, or third of the Senate:
(a) IN GENERAL.—Section 7(a)(36)(D) of the quarter of 2019, but was in business during COMMITTEE ON BANKING, HOUSING, AND URBAN
Small Business Act (15 U.S.C. 636(a)(36)(D)) is the fourth quarter of 2019, that the eligible AFFAIRS
amended by adding at the end the following: recipient had gross receipts during the first,
‘‘(x) PROHIBITION ON COVERED LOANS FOR
The Committee on Banking, Housing,
second, third, or, only with respect to an ap-
PLANNED PARENTHOOD.—Planned Parenthood plication submitted on or after January 1,
and Urban Affairs is authorized to
Federation of America, Inc. and any affiliate 2021, fourth quarter of 2020 that demonstrate meet during the session of the Senate
or clinic of Planned Parenthood Federation not less than a 75 percent reduction from the on Wednesday, March 24, 2021, at 10
of America, Inc. shall not be eligible to re- gross receipts of the eligible recipient during a.m., to conduct a hearing on a nomi-
ceive a covered loan.’’. the fourth quarter of 2019; or nation.
(b) SECOND DRAW LOANS.—Section ‘‘(IV) if the eligible recipient was not in COMMITTEE ON COMMERCE, SCIENCE, AND
7(a)(37)(A)(iv)(III) of the Small Business Act business during 2019, but was in operation on TRANSPORTATION
(15 U.S.C. 636(a)(37)(A)(iv)(III)) is amended— February 15, 2020, that the eligible recipient
(1) in item (aa), by striking ‘‘or’’ at the The Committee on Commerce,
had gross receipts during the second, third,
end; or, only with respect to an application sub- Science, and Transportation is author-
(2) in item (dd), by striking ‘‘or’’ at the mitted on or after January 1, 2021, fourth ized to meet during the session of the
end; quarter of 2020 that demonstrate not less Senate on Wednesday, March 24, 2021,
(3) in item (ee), by striking ‘‘and’’ at the than a 75 percent reduction from the gross at 10 a.m., to conduct a hearing.
end and inserting ‘‘or’’; and receipts of the eligible recipient during the COMMITTEE ON ENVIRONMENT AND PUBLIC
(4) by adding at the end the following: first quarter of 2020. WORKS
‘‘(ff) Planned Parenthood Federation of ‘‘(ii) MAXIMUM LOAN AMOUNT.—In calcu-
America, Inc. and any affiliate or clinic of The Committee on Environment and
lating the maximum covered loan amount
Planned Parenthood Federation of America, under subparagraph (E) with respect to an el- Public Works is authorized to meet
Inc.; and’’. igible recipient that experienced extreme during the session of the Senate on
(c) EFFECTIVE DATE.—The amendments hardship, subclauses (I)(aa)(BB) and Wednesday, March 24, 2021, at 9:30 a.m.,
made by this section shall be effective as if (II)(aa)(BB), as applicable, of subparagraph to conduct a hearing.
included in the enactment of the CARES Act (E)(i) shall be applied by substituting ‘3.5’ for COMMITTEE ON FOREIGN RELATIONS
(Public Law 116–136). ‘2.5’.’’.
(b) SECOND DRAW.—Section 7(a)(37) of the
The Committee on Foreign Relations
SA 1407. Mr. MURPHY (for Mr. DUR- Small Business Act (15 U.S.C. 636(a)(37)) is is authorized to meet during the ses-
BIN) proposed an amendment to the bill amended— sion of the Senate on Wednesday,
H.R. 1651, to amend the CARES Act to (1) in subparagraph (A)(i), by inserting March 24, 2021, at 10 a.m., to conduct a
extend the sunset for the definition of ‘‘ ‘extreme hardship,’ ’’ after ‘‘ ‘eligible self- hearing.
a small business debtor, and for other employed individual,’ ’’; and COMMITTEE ON HEALTH, EDUCATION, LABOR,
purposes; as follows: (2) in subparagraph (C), by adding at the AND PENSIONS
end the following:
Strike section 2(c). The Committee on Health, Edu-
‘‘(v) EXTREME HARDSHIP.—In calculating
the maximum loan amount under clause (i), cation, Labor, and Pensions is author-
SA 1408. Ms. MURKOWSKI submitted ized to meet during the session of the
(ii), or (iii) with respect to an eligible entity
an amendment intended to be proposed that experienced extreme hardship, clause Senate on Wednesday, March 24, 2021,
by her to the bill H.R. 1799, to amend (i)(I)(bb), (ii)(I)(bb), and (iii)(I)(bb), as appli- at 10 a.m., to conduct a hearing.
the Small Business Act and the CARES cable, shall be applied by substituting ‘3.5’ COMMITTEE ON INDIAN AFFAIRS
Act to extend the covered period for for ‘2.5’.’’.
(c) COVERED PERIOD FOR LOAN FORGIVENESS
The Committee on Indian Affairs is
the paycheck protection program, and
FOR SECOND DRAW LOANS.—Section authorized to meet during the session
for other purposes; which was ordered
7(a)(37)(J)(i) of the Small Business Act (15 of the Senate on Wednesday, March 24,
to lie on the table; as follows:
U.S.C. 636(a)(37)(J)(i)) is amended to read as 2021, at 2:30 p.m., to conduct a hearing.
At the appropriate place, insert the fol- follows: COMMITTEE ON RULES AND ADMINISTRATION
lowing: ‘‘(i) DEFINITION OF COVERED PERIOD.—In
SEC. ll. PPP AND SECOND DRAW LOANS FOR The Committee on Rules and Admin-
this subparagraph, the term ‘covered period’
BUSINESSES THAT EXPERIENCED
means the period—
istration is authorized to meet during
EXTREME HARDSHIP. the session of the Senate on Wednes-
(a) PPP.—Section 7(a)(36) of the Small ‘‘(I) beginning on the date of the origina-
tion of a covered loan; and day, March 24, 2021, at 10 a.m., to con-
Business Act (15 U.S.C. 636(a)(36)) is amend-
‘‘(II) ending on a date selected by the eligi- duct a hearing.
ed—
(1) in subparagraph (E), in the matter pre- ble recipient of the covered loan that occurs COMMITTEE ON SMALL BUSINESS AND
ceding clause (i), by striking ‘‘subparagraph during the period— ENTREPRENEURSHIP
(V)’’ and inserting ‘‘subparagraphs (V) and ‘‘(aa) beginning on the date that is 8 weeks The Committee on Small Business
after such date of origination; and
(W)’’; and and Entrepreneurship is authorized to
(2) by adding at the end the following: ‘‘(bb) ending on the date that is 52 weeks
after such date of origination.’’. meet during the session of the Senate
‘‘(W) CALCULATION OF MAXIMUM LOAN on Wednesday, March 24, 2021, at 2:30
(d) APPLICABILITY.—The amendments made
AMOUNT FOR BUSINESSES THAT EXPERIENCED
by this section shall apply— p.m., to conduct a hearing.
EXTREME HARDSHIP.—
(1) for the amendments made by sub- COMMITTEE ON VETERANS’ AFFAIRS
‘‘(i) DEFINITION.—In this subparagraph, the
sections (a) and (b), with respect to an appli- The Committee on Veterans’ Affairs
term ‘extreme hardship’ means, with respect
cant for a loan under paragraph (36) or (37) of
to an eligible recipient applying for assist-
section 7(a) of the Small Business Act (15
is authorized to meet during the ses-
ance under this paragraph— sion of the Senate on Wednesday,
U.S.C. 636(a)(37)) before, on, or after the date
‘‘(I) except as provided in subclauses (II), March 24, 2021, at 3 p.m., to conduct a
of enactment of this Act; and
(III), and (IV), that the eligible recipient had hearing.
(2) for the amendment made by subsection
gross receipts during the first, second, third,
(c), with respect to an applicant for loan for- SELECT COMMITTEE ON INTELLIGENCE
or, only with respect to an application sub-
giveness under section 7(a)(37)(J) of that Act The Select Committee on Intel-
mitted on or after January 1, 2021, fourth
rfrederick on DSKBCBPHB2PROD with SENATE
(15 U.S.C. 636(a)(37)(J)) that has not yet re-
quarter in 2020 that demonstrate not less
ceived the loan forgiveness.
ligence is authorized to meet during
than a 75 percent reduction from the gross the session of the Senate on Wednes-
receipts of the eligible recipient during the f
day, March 24, 2021, at 2 p.m., to con-
same quarter in 2019; AUTHORITY FOR COMMITTEES TO duct a closed briefing.
‘‘(II) if the eligible recipient was not in
MEET SUBCOMMITTEE ON CYBERSECURITY
business during the first or second quarter of
2019, but was in business during the third and Mr. XXX. Mr. President, I have 14 re- The Subcommittee on Cybersecurity
fourth quarter of 2019, that the eligible re- quests for committees to meet during of the Committee on Armed Services is
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