Text of Senate Amendment 2606 (Congressional Record, Senate, August 6, 2020, page S5303)
Summary
Page S5303 of the Congressional Record, Senate, for August 6, 2020, printing amendments intended to be proposed to SA 2499, the McConnell substitute to S. 178, the vehicle for the Senate's pandemic relief package, each ordered to lie on the table. SA 2606 is the amendment the page is indexed under; the surrounding text adds covered operations expenditures, meaning payments for business software or cloud computing services that facilitate operations, payroll, human resources, sales, billing and accounting, as a forgivable use under section 1106 of the CARES Act (15 U.S.C. 9005). Mr. Rubio's amendment numbered 2605 addresses State unemployment systems and program integrity, and Ms. Ernst's amendment numbered 2607 limits PPP loans to entities connected to the People's Republic of China.
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“Text of Senate Amendment 2606 (Congressional Record, Senate, August 6, 2020, page S5303).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/text-of-senate-amendment-2606-congressional-record-senate-august-6-202-39fb76ecce/
, SHA-256 0ed082b58a6e84ecbaf4a90a3e20fdce56919dc982c66aba44296bfe6cfde65b.Full text
August 6, 2020 CONGRESSIONAL RECORD — SENATE S5303
Treasury (or the Secretary’s delegate) may (A) by redesignating paragraphs (3) portion of the critical infrastructure busi-
provide. through (8) as paragraphs (4) through (9), re- ness concern that, if organized as a separate
(3) APPLICATION FOR ADJUSTMENT OF OVER- spectively; business entity, would be assigned a North
PAYMENT OF ESTIMATED INCOME TAX.—An ap- (B) by inserting after paragraph (2) the fol- American Industry Classification System
plication for adjustment of overpayment of lowing: code beginning with 72.’’.
estimated income tax under section 6425 of ‘‘(3) the term ‘covered operations expendi-
the Internal Revenue Code of 1986 by reason ture’ means a payment for any business soft- SA 2608. Mr. YOUNG (for himself and
of section 38(e) of such Code shall not fail to ware or cloud computing service that facili- Mr. SASSE) submitted an amendment
be treated as timely filed if filed not later tates business operations, product or service intended to be proposed to amendment
than the date which is 120 days after the date delivery, the processing, payment, or track- SA 2499 proposed by Mr. MCCONNELL to
of the enactment of this Act. ing of payroll expenses, human resources, the bill S. 178, to condemn gross human
(f) EFFECTIVE DATE.—The amendments sales and billing functions, or accounting or
made by this section shall apply to taxable tracking of supplies, inventory, records and
rights violations of ethnic Turkic Mus-
years ending after December 31, 2018. expenses;’’; and lims in Xinjiang, and calling for an end
(C) in paragraph (8), as so redesignated— to arbitrary detention, torture, and
SA 2605. Mr. RUBIO submitted an (i) in subparagraph (C), by striking ‘‘and’’ harassment of these communities in-
amendment intended to be proposed to at the end; and side and outside China; which was or-
amendment SA 2499 proposed by Mr. (ii) by adding at the end the following: dered to lie on the table; as follows:
MCCONNELL to the bill S. 178, to con- ‘‘(E) covered operations expenditures; At the appropriate place, insert the fol-
and’’; lowing:
demn gross human rights violations of (2) in subsection (b), by adding at the end
ethnic Turkic Muslims in Xinjiang, and SEC. ll. IMPROVEMENTS TO STATE UNEMPLOY-
the following: MENT SYSTEMS AND STRENGTH-
calling for an end to arbitrary deten- ‘‘(5) Any covered operations expenditure.’’; ENING PROGRAM INTEGRITY.
tion, torture, and harassment of these (3) in subsection (d)(8), by inserting ‘‘any (a) UNEMPLOYMENT COMPENSATION SYS-
communities inside and outside China; payment on any covered operations expendi- TEMS.—
which was ordered to lie on the table; ture,’’ after ‘‘rent obligation,’’; and (1) IN GENERAL.—Section 303(a) of the So-
as follows: (4) in subsection (e)— cial Security Act (42 U.S.C. 503(a)) is amend-
(A) in paragraph (2), by inserting ‘‘pay- ed—
At the appropriate place, insert the fol-
ments on covered operations expenditures,’’ (A) in the matter preceding paragraph (1),
lowing:
after ‘‘lease obligations,’’; and by striking ‘‘provision for—’’ and inserting
SEC. ll. LIMIT ON PPP LOANS TO ENTITIES
(B) in paragraph (3)(B), by inserting ‘‘make ‘‘provision for each of the following:’’;
THAT ARE CONNECTED TO THE PEO-
PLE’S REPUBLIC OF CHINA. payments on covered operations expendi- (B) at the end of each of paragraphs (1)
tures,’’ after ‘‘rent obligation,’’. through (10) and paragraph (11)(B), by strik-
Section 7(a)(36)(A)(iv) of the Small Busi-
ness Act (15 U.S.C. 636(a)(36)(A)(iv)) is ing ‘‘; and’’ and inserting a period; and
SA 2607. Ms. ERNST submitted an (C) by adding at the end the following new
amended to read as follows:
‘‘(iv) the term ‘eligible recipient’— amendment intended to be proposed to paragraph:
‘‘(I) means an individual or entity that is amendment SA 2499 proposed by Mr. ‘‘(13) The State system shall, in addition to
eligible to receive a covered loan; and MCCONNELL to the bill S. 178, to con- meeting the requirements under section 1137,
‘‘(II) does not include any business concern demn gross human rights violations of meet the following requirements:
or entity— ethnic Turkic Muslims in Xinjiang, and ‘‘(A) The system shall be capable of han-
‘‘(aa) for which an entity created in or or- calling for an end to arbitrary deten- dling a surge of claims that would represent
ganized under the laws of the People’s Re- a twentyfold increase in claims from Janu-
tion, torture, and harassment of these ary 2020 levels, occurring over a one-month
public of China or the Special Administra-
communities inside and outside China; period.
tive Region of Hong Kong, or that has sig-
nificant operations in the People’s Republic which was ordered to lie on the table; ‘‘(B) The system shall be capable of—
of China or the Special Administrative Re- as follows: ‘‘(i) adjusting wage replacement levels for
gion of Hong Kong, owns or holds, directly or At the appropriate place, insert the fol- individuals receiving unemployment com-
indirectly, not less than 20 percent of the lowing: pensation;
economic interest of the business concern or SEC. ll. BUSINESSES EMPLOYING ESSENTIAL ‘‘(ii) adjusting weekly earnings disregards,
entity, including as equity shares or a cap- CRITICAL INFRASTRUCTURE WORK- including the ability to adjust such dis-
ital or profit interest in a limited liability ERS. regards in relation to an individual’s earn-
company or partnership; or (a) IN GENERAL.—Section 7(a)(36)(D)(iii) of ings or weekly benefit amount; and
‘‘(bb) that retains, as a member of the the Small Business Act (15 U.S.C. ‘‘(iii) providing for wage replacement lev-
board of directors of the business concern, a 636(a)(36)(D)(iii) is amended— els that vary based on the duration of benefit
person who is a resident of the People’s Re- (1) by striking ‘‘During’’ and inserting the receipt.
public of China;’’. following: ‘‘(C) The system shall have in place an
‘‘(I) IN GENERAL.—During’’; and automated process for receiving and proc-
SA 2606. Mrs. LOEFFLER submitted (2) by adding at the end the following: essing claims for disaster unemployment as-
an amendment intended to be proposed ‘‘(II) BUSINESS CONCERNS EMPLOYING ESSEN- sistance under section 410(a) of the Robert T.
TIAL CRITICAL INFRASTRUCTURE WORKERS.— Stafford Disaster Relief and Emergency As-
to amendment SA 2499 proposed by Mr.
‘‘(aa) DEFINITION.—In this subclause, the sistance Act (42 U.S.C. 5177(a)), with flexi-
MCCONNELL to the bill S. 178, to con- term ‘critical infrastructure business con- bility to adapt rules regarding individuals el-
demn gross human rights violations of cern’ means a business concern that— igible for assistance and the amount payable.
ethnic Turkic Muslims in Xinjiang, and ‘‘(AA) employs 1 or more essential critical ‘‘(D) In the case of a State that makes pay-
calling for an end to arbitrary deten- infrastructure workers (as defined in guid- ments of short-time compensation under a
tion, torture, and harassment of these ance from the Secretary of Homeland Secu- short-time compensation program (as de-
communities inside and outside China; rity); fined in section 3306(v) of the Internal Rev-
which was ordered to lie on the table; ‘‘(BB) employs not more than 500 employ- enue Code of 1986), the system shall have in
ees per physical location of the business con- place an automated process of receiving and
as follows:
cern; and processing claims for short-time compensa-
At the appropriate place, insert the fol- ‘‘(CC) has operations that, if organized as a tion.
lowing: separate business entity, would be assigned a ‘‘(E) The system shall have in place an
SEC. lll. ADDITIONAL ELIGIBLE EXPENSES. North American Industry Classification Sys- automated process for receiving and proc-
(a) ALLOWABLE USE OF PPP LOAN.—Section tem code beginning with 72 at the time of essing claims for—
7(a)(36)(F)(i) of the Small Business Act (15 the disbursal. ‘‘(i) unemployment compensation for Fed-
U.S.C. 636(a)(36)(F)(i)) is amended— ‘‘(bb) ELIGIBILITY.—During the covered pe- eral civilian employees under subchapter I of
(1) in subclause (VI), by striking ‘‘and’’ at riod, any critical infrastructure business chapter 85 of title 5, United States Code;
the end; concern shall be eligible to receive a covered ‘‘(ii) unemployment compensation for ex-
(2) in subclause (VII), by striking the pe- loan. servicemembers under subchapter II of chap-
SSpencer on DSK126QN23PROD with SENATE
riod at the end and inserting ‘‘; and’’; and ‘‘(cc) APPLICATION OF LOAN AND FORGIVE- ter 85 of title 5, United States Code; and
(3) by adding at the end the following: NESS REQUIREMENTS.—For purposes of deter- ‘‘(iii) trade readjustment allowances under
‘‘(VIII) covered operations expenditures, as mining the loan amount and applying all sections 231 through 233 of the Trade Act of
defined in section 1106(a) of the CARES Act other requirements and terms under this 1974 (19 U.S.C. 2291–2293).’’.
(15 U.S.C. 9005(a)).’’. paragraph or section 1106 of the CARES Act (2) EFFECTIVE DATE.—The amendment
(b) LOAN FORGIVENESS.—Section 1106 of the (15 U.S.C. 9005) with respect to a critical in- made by paragraph (1) shall apply to weeks
CARES Act (15 U.S.C. 9005) is amended— frastructure business concern, the eligible of unemployment beginning on or after the
(1) in subsection (a)— recipient of the covered loan shall be that earlier of—
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