Amendments to H.R. 3684, Page S5852 — Congressional Record, Senate, August 4, 2021
Summary
Congressional Record, Senate, page S5852, August 4, 2021. The page prints text of amendments to the bill H.R. 3684, including provisions on an election by an oxygenate blender and a refundable credit for small retailers, a regional innovation pilot allowing a metropolitan planning organization to use funds for strategies to reduce transportation emissions, and provisions on brokers and digital assets. One section is headed Termination of Credit for Employers Subject to Closure Due to COVID–19. SA 2497 by Mr. Padilla and SA 2499 by Mr. Kelly are listed as submitted to amendment SA 2137.
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“Amendments to H.R. 3684, Page S5852 — Congressional Record, Senate, August 4, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-04-crec-2021-08-04-pt1-pgs5852-3-9146133b02/
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S5852 CONGRESSIONAL RECORD — SENATE August 4, 2021
more than 13 percent ethanol and no more ways, highway safety programs, and (A) validating distributed ledger trans-
than 15 percent ethanol by volume. transit programs, and for other pur- actions,
‘‘(c) ELECTION.— poses; which was ordered to lie on the (B) selling hardware or software for which
‘‘(1) IN GENERAL.— table; as follows: the sole function is to permit a person to
‘‘(A) ELECTION BY OXYGENATE BLENDER.— control private keys which are used for ac-
Subsection (a)(1) shall apply with respect to On page 331, between lines 23 and 24, insert cessing digital assets on a distributed ledger,
the following:
any gallon of fuel described in such sub- or
‘‘(3) REGIONAL INNOVATION PILOT.—
section only if the applicable taxpayer de- (C) developing digital assets or their cor-
‘‘(A) IN GENERAL.—In addition to eligible
scribed in subsection (b)(1)(A) elects to have responding protocols for use by other per-
projects under paragraphs (1) and (2), a met-
such subsection apply with respect to such sons, provided that such other persons are
ropolitan planning organization may use
gallon of fuel. not customers of the person developing such
amounts suballocated under subsection (e)
‘‘(B) NOTIFICATION.—The applicable tax- assets or protocols.
payer described in subparagraph (A) shall for innovative strategies to reduce transpor-
(2) BROKERS AND TREATMENT OF DIGITAL AS-
provide notice of their election with respect tation emissions, including associated infra-
SETS.—Nothing in this section or the amend-
to any gallon of fuel described in such sub- structure improvements that will increase
ments made by this section shall be con-
paragraph to any applicable taxpayer de- the share of nonmotorized trips and improve
strued to create any inference, for any period
scribed in subsection (b)(1)(B) to which such the efficiency of existing surface transpor-
prior to the effective date of such amend-
fuel is sold, with such notice to be provided tation infrastructure to address carbon re-
ments, with respect to—
on or before the date of such sale. duction.
(A) whether any person is a broker under
‘‘(2) CREDIT FOR RETAILER AVAILABLE ONLY ‘‘(B) NOTICE.—Not later than 120 days after
section 6045(c)(1) of the Internal Revenue
IF NOT CLAIMED BY OXYGENATE BLENDER.—
the date of enactment of the Surface Trans-
Code of 1986, or
Subsection (a)(2) shall apply with respect to portation Reauthorization Act of 2021, the
(B) whether any digital asset is property
any gallon of fuel described in such sub- Secretary shall provide notice and guidance
which is a specified security under section
section only if the applicable taxpayer de- for interested metropolitan planning organi-
6045(g)(3)(B) of such Code.
scribed in subsection (b)(1)(A) has not elect- zations to participate in activities under
SEC. 80604. SENSE OF CONGRESS.
ed (pursuant to paragraph (1)) to apply sub- subparagraph (A).
It is the sense of Congress that nothing in
section (a)(1) with respect to such gallon of ‘‘(C) EXCLUSION.—In carrying out activities
the amendments made by section 80603 shall
under subparagraph (A), a metropolitan
fuel. be construed to have any effect on the Secu-
‘‘(d) REFUNDABLE CREDIT FOR SMALL RE- planning organization may not use amounts
rities Act of 1933 (15 U.S.C. 77a et seq.) or the
TAILERS.—For purposes of this title, in the
made available to carry out that subpara-
Securities Exchange Act of 1934 (15 U.S.C. 78a
case of a retailer with not greater than 5 re- graph for a project that increases net capac-
et seq.).
tail locations at the close of the taxable ity for vehicular travel.
SEC. 80605. TERMINATION OF EMPLOYEE RETEN-
year, the credit allowed under subsection SA 2497. Mr. PADILLA submitted an TION CREDIT FOR EMPLOYERS SUB-
(a)(2) for such taxable year shall be treated JECT TO CLOSURE DUE TO COVID–
as a credit allowable under subpart C (and
amendment intended to be proposed to 19.
not allowable under this subpart) for such amendment SA 2137 proposed by Mr.
taxable year. SCHUMER (for Ms. SINEMA (for herself, SA 2499. Mr. KELLY (for himself, Ms.
‘‘(e) TRANSFER OF CREDIT.— Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- SINEMA, Ms. ROSEN, Ms. CORTEZ MASTO,
‘‘(1) IN GENERAL.—Subject to such regula- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. and Mr. CORNYN) submitted an amend-
tions or other guidance as the Secretary de- TESTER, Ms. MURKOWSKI, Mr. WARNER, ment intended to be proposed to
termines necessary or appropriate, if, with and Mr. ROMNEY)) to the bill H.R. 3684,
respect to the credit allowed under sub- amendment SA 2137 proposed by Mr.
to authorize funds for Federal-aid high- SCHUMER (for Ms. SINEMA (for herself,
section (a) for any taxable year, the applica- ways, highway safety programs, and
ble taxpayer elects the application of this Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
transit programs, and for other pur-
subsection for such taxable year with respect SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
poses; which was ordered to lie on the
to all (or any portion specified in such elec- TESTER, Ms. MURKOWSKI, Mr. WARNER,
tion) of such credit, the eligible entity speci- table; as follows:
and Mr. ROMNEY)) to the bill H.R. 3684,
fied in such election, and not the applicable On page 338, between lines 7 and 8, insert
the following:
to authorize funds for Federal-aid high-
taxpayer, shall be treated as the taxpayer for
‘‘(7) SELECTION OF PROJECTS.— ways, highway safety programs, and
purposes of this title with respect to such
credit (or such portion thereof). ‘‘(A) IN GENERAL.—Subject to subparagraph transit programs, and for other pur-
‘‘(2) ELIGIBLE ENTITY.—For purposes of this (B), the applicable metropolitan planning or- poses; which was ordered to lie on the
subsection, the term ‘eligible entity’ means ganization shall determine the programming table; as follows:
any person within the supply chain for fuel and expenditure of amounts that a State is On page 2621, line 3, insert after ‘‘2026:’’ the
described in such section (a).’’. required to obligate under clauses (i) and (ii) following: ‘‘Provided further, That for funds
(b) CREDIT TO BE PART OF GENERAL BUSI- of paragraph (1)(A). made available under this heading in this
NESS CREDIT.—Subsection (b) of section 38 of ‘‘(B) STATE ROLE.—The State may ensure Act for planning, preparation, or design of
the Internal Revenue Code of 1986 is amended that projects selected by a metropolitan eligible projects, the Secretary may consider
by striking ‘‘plus’’ at the end of paragraph planning organization under subparagraph whether the project will provide new or im-
(32), by striking the period at the end of (A) are eligible projects under this section. proved Interstate highway connections be-
paragraph (33) and inserting ‘‘, plus’’, and by tween not less than 2 metropolitan areas
adding at the end the following new para- SA 2498. Mr. WYDEN (for himself, with a population of not less than 500,000:’’.
graph: Ms. LUMMIS, Mr. TOOMEY, and Mr.
‘‘(34) the credit for sale or blending of eth- CRUZ) submitted an amendment in- SA 2500. Mr. GRASSLEY (for himself
anol fuels under section 45U to which sub- tended to be proposed to amendment and Ms. KLOBUCHAR) submitted an
section (d) of such section does not apply.’’. SA 2137 proposed by Mr. SCHUMER (for amendment intended to be proposed to
(c) CONFORMING AMENDMENT.—The table of Ms. SINEMA (for herself, Mr. PORTMAN,
sections for subpart D of part IV of sub-
amendment SA 2137 proposed by Mr.
Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- SCHUMER (for Ms. SINEMA (for herself,
chapter A of chapter 1 of the Internal Rev-
HEEN, Ms. COLLINS, Mr. TESTER, Ms. Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
enue Code of 1986 is amended by adding at
the end the following new item: MURKOWSKI, Mr. WARNER, and Mr. ROM- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
NEY)) to the bill H.R. 3684, to authorize TESTER, Ms. MURKOWSKI, Mr. WARNER,
‘‘Sec. 45U. Credit for sale or blending of eth-
anol fuels.’’.
funds for Federal-aid highways, high- and Mr. ROMNEY)) to the bill H.R. 3684,
(d) EFFECTIVE DATE.—The amendments way safety programs, and transit pro- to authorize funds for Federal-aid high-
made by this section shall apply to fuel grams, and for other purposes; which ways, highway safety programs, and
blended or sold after December 31, 2021. was ordered to lie on the table; as fol- transit programs, and for other pur-
lows: poses; which was ordered to lie on the
SA 2496. Mr. PADILLA submitted an On page 2437, strike lines 9 through 21 and table; as follows:
amendment intended to be proposed to insert the following:
(d) RULE OF CONSTRUCTION.— At the end of division F, add the following:
amendment SA 2137 proposed by Mr.
ctelli on DSK11ZRN23PROD with SENATE
(1) DEFINITION OF BROKER.—Nothing in this TITLE VI—STATE FUNDING UNDER RURAL
SCHUMER (for Ms. SINEMA (for herself,
section or the amendments made by this sec- UTILITIES SERVICE PROGRAMS
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
tion shall be construed to create any infer- SEC. 60601. STATE FUNDING UNDER RURAL UTIL-
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. ence that a person described in section ITIES SERVICE PROGRAMS.
TESTER, Ms. MURKOWSKI, Mr. WARNER, 6045(c)(1)(D) of the Internal Revenue Code of (a) ELIGIBILITY OF PROJECTS THAT RECEIVE
and Mr. ROMNEY)) to the bill H.R. 3684, 1986, as added by this section, includes any STATE FUNDING.—Title VII of the Rural Elec-
to authorize funds for Federal-aid high- person solely engaged in the business of— trification Act of 1936 (7 U.S.C. 950cc et seq.)
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