“TEXT OF AMENDMENTS” published by the Congressional Record on Aug. 5, 2020

Friday, Sep 24, 2021 @ 7:24pm By EP News Wire Reports

Volume 166, No. 139 covering the 2nd Session of the 116th Congress (2019 - 2020) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S4946-S4976 on Aug. 5, 2020.

More than half of the Agency's employees are engineers, scientists and protection specialists. The Climate Reality Project, a global climate activist organization, accused Agency leadership in the last five years of undermining its main mission.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2568. Ms. McSALLY (for herself, Mr. Rounds, Mrs. Capito, Mr. Hawley, Mr. Cotton, Mrs. Blackburn, and Mr. Tillis) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. _____. RESPONSIBILITY OF FOREIGN STATES FOR RECKLESS

ACTIONS OR OMISSIONS CAUSING THE COVID-19

GLOBAL PANDEMIC IN THE UNITED STATES.

(a) Responsibility.--Chapter 97 of title 28, United States Code, is amended by inserting after section 1605B the following:

``Sec. 1605C. Responsibility of foreign states for reckless actions or omissions causing the COVID-19 global pandemic in the United States

``(a) Responsibility of Foreign States.--A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case in which money damages are sought against a foreign state for death or physical or economic injury to person, property, or business occurring in the United States following any reckless action or omission

(including a conscious disregard of the need to report information promptly or deliberately hiding relevant information) of a foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, that caused or substantially contributed to the COVID-19 global pandemic in the United States, regardless of where the action or omission occurred.

``(b) Rule of Construction.--A foreign state shall not be subject to the jurisdiction of the courts of the United States under subsection (a) on the basis of an omission or act that constitutes mere negligence.

``(c) Jurisdiction.--

``(1) Exclusive jurisdiction.--The courts of the United States shall have exclusive jurisdiction in any action in which a foreign state is subject to the jurisdiction of a court of the United States under subsection (a).

``(2) Additional authority to issue orders.--In addition to authority already granted by other laws, the courts of the United States shall have jurisdiction to make and issue any writ or order of injunction necessary or appropriate for the enforcement of this section, including pre-judgment injunctions related to transfer or disposal of assets.

``(d) Intervention.--The Attorney General may intervene in any action in which a foreign state is subject to the jurisdiction of a court of the United States under subsection

(a) for the purpose of seeking a stay of the civil action, in whole or in part.

``(e) Stay.--

``(1) In general.--A court of the United States may stay a proceeding against a foreign state if the Secretary of State certifies that the United States is engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. In exercising its discretion under this subsection, the court shall balance the interests of the United States with the interests of the plaintiffs in a timely review of their claims.

``(2) Duration.--

``(A) In general.--A stay under this section may be granted for not more than 180 days.

``(B) Extension.--

``(i) In general.--The Attorney General may petition the court for an extension of the stay for additional periods not to exceed 180 days.

``(ii) Recertification.--A court may grant an extension under subparagraph (A) if the Secretary of State recertifies that the United States remains engaged in good faith discussions with the foreign state defendant concerning the resolution of the claims against the foreign state, or any other parties as to whom a stay of claims is sought. In choosing whether to grant an extension, the court shall balance the interests of the United States with the interests of the plaintiffs in a timely review of their claims.''.

(b) Applicability.--The amendment made by subsection (a) shall apply to any action or omission described in section 1605C of title 28, United States Code, as added by that subsection, that occurred before, on, or after the date of enactment of this Act.

(1) in subsection (a)(7), by striking ``section 1605A or section 1605(a)(7) (as such section was in effect on January 27, 2008)'' and inserting ``section 1605A, section 1605(a)(7)

(as such section was in effect on January 27, 2008), or section 1605C'';

(2) in subsection (b)(2), by striking ``or 1605(b)'' and inserting ``, 1605(b), or 1605C'';

(3) by striking subsection (d) and inserting the following:

``(d) The property of a foreign state, as defined in section 1603(a) of this chapter, used for a commercial activity in the United States, shall not be immune from attachment prior to the entry of judgment in any action brought in a court of the United States or of a State, or prior to the elapse of the period of time provided in subsection (c) of this section, if--

``(1) the foreign state has explicitly waived its immunity from attachment prior to judgment, notwithstanding any withdrawal of the waiver the foreign state may purport to effect except in accordance with the terms of the waiver;

``(2) the purpose of the attachment is to secure satisfaction of a judgment that has been or may ultimately be entered against the foreign state, and not to obtain jurisdiction; or

``(3) the attachment relates to a claim for which the foreign state is not immune under section 1605C.''; and

(4) in subsection (g)(1), in the matter preceding subparagraph (A), by striking ``1605A'' and inserting ``1605A or 1605C''.

(d) Cause of Action.--Any citizen or resident of the United States injured in his or her person, property, or business by reason of any reckless action or omission (including a conscious disregard of the need to report information promptly or deliberately hiding relevant information) of a foreign state, or of any official, employee, or agent of that foreign state while acting within the scope of his or her office, employment, or agency, that caused or substantially contributed to the COVID-19 global pandemic in the United States, regardless of where the action or omission occurred, may sue therefor in any appropriate district court of the United States and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney's fees.

(e) Enforcement by State Attorneys General.--Any State, on its own behalf or on behalf of the citizens or residents of the State, may bring a civil action under subsection (d) in a district court of the United States. Nothing in this Act may be construed to prevent a State from exercising its powers under State law.

(f) Time Limitation on the Commencement of Civil Action.--Notwithstanding any other provision of law, a civil action arising under subsection (d) may be commenced up to 20 years after the cause of action accrues.

(g) Technical and Conforming Amendment.--The table of sections for chapter 97 of title 28, United States Code, is amended by inserting after the item relating to section 1605B the following:

``1605C. Responsibility of foreign states for reckless actions or omissions causing the COVID-19 global pandemic in the

United States.''.

______

SA 2569. Mr. TOOMEY submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FORGIVABLE BUSINESS PHYSICAL DISASTER LOANS FOR

DAMAGE DUE TO CIVIL UNREST.

(a) Definitions.--In this section--

(1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively;

(2) the term ``covered period'' means the period beginning on May 26, 2020 and ending on July 1, 2020; and

(3) the term ``eligible entity'' means a business concern--

(A) with average annual receipts (as defined in section 121.104 of title 13, Code of Federal Regulations, or any successor regulation) of not more than $2,000,000; and

(B) that--

(i) is located within an area for which the Administrator declared a disaster in accordance with section 123.3(a)(3) of title 13, Code of Federal Regulations, or any successor regulation, with respect to civil unrest that began on May 26, 2020 in Minneapolis, Minnesota and spread across the United States; and

(ii) incurred damage to real or personal property of the business concern during the covered period as a result of the civil unrest described in clause (i).

(b) Business Physical Disaster Loans.--

(1) In general.--Except as otherwise provided in this subsection, an eligible entity shall be eligible for a loan made by the Administration under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)) under the same terms, conditions, and processes as a loan made under such section to repair, rehabilitate, or replace property, real or personal, of the eligible entity that was damaged or destroyed during the covered period as a result of the civil unrest described in subsection (a)(3)(B)(i).

(2) Disaster declaration.--With respect to the disaster declaration described in subsection (a)(3)(B)(i) for a loan made under paragraph (1), the requirement under section 123.3(a)(3)(ii) of title 13, Code of Federal Regulations, or any successor regulation, that 25 percent or more of the work force in the area would be unemployed for not fewer than 90 days shall not apply.

(3) Loan amount.--

(A) In general.--The amount of a loan made under paragraph

(1) shall be equal to 100 percent of the amount required to repair, rehabilitate, or replace property, real or personal, of the eligible entity that--

(i) was damaged or destroyed during the covered period as a result of the civil unrest described in subsection

(a)(3)(B)(i); and

(ii) is not compensated for by--

(I) insurance;

(II) a grant from a State or local government; or

(III) any other means.

(B) Deduction of advance amount.--The amount of any advance received by an eligible entity under subsection (c) shall be deducted from the loan amount for the eligible entity under subparagraph (A).

(4) Terms; credit elsewhere.--

(A) In general.--With respect to a loan made to an eligible entity under paragraph (1)--

(i) the Administrator shall waive--

(I) any rules related the personal guarantee on loans of not more than $200,000 during the covered period for all applicants; and

(II) any requirement that an applicant needs to be in business for the 1-year period before the civil unrest described in subsection (a)(3)(B)(i), except that no waiver may be made for an eligible entity that was not in operation on January 31, 2020;

(ii) the eligible entity shall not be required to show that the eligible entity is unable to obtain credit elsewhere; and

(iii) no collateral shall be required for the loan.

(B) Repayment.--Any payments on a loan made to an eligible entity under paragraph (1) are deferred until June 30, 2022, and interest shall not begin to accrue until such date.

(5) Application.--

(A) In general.--Not later than 7 days after the date of enactment of this Act, the Administrator shall begin to accept applications for a loan under paragraph (1).

(B) Deadline.--An eligible entity desiring a loan under this subsection shall submit to the Administrator an application not later than December 31, 2020.

(C) Approval and ability to repay.--With respect to an applicant for a loan made under paragraph (1), the Administrator may--

(i) approve the applicant based on the credit score or personal guarantee of the applicant; or

(ii) use alternative appropriate methods to determine the applicant's ability to repay.

(6) Use of funds.--A recipient of a loan made under paragraph (1) shall use the loan proceeds to repair, rehabilitate, or replace property, real or personal, damaged or destroyed during the covered period as a result of the civil unrest described in subsection (a)(3)(B)(i), provided that such damage or destruction is not compensated for by insurance, a grant from a State or local government, or otherwise.

(7) Loan forgiveness.--

(A) In general.--An eligible entity that received a loan made under paragraph (1), or an eligible entity that received a loan under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)) before the date of enactment of this Act related to the civil unrest described in subsection

(a)(3)(B)(i), shall be eligible for forgiveness of indebtedness equal to 75 percent of the loan amount if the eligible entity--

(i) submits to the Administrator documentation of sales for 2019 and 2020 and tax returns for 2019 and 2020; and

(ii) the eligible entity is in operation as of December 31, 2021.

(B) Amounts not forgiven.--Any remaining amount of a loan described in subparagraph (A) that is not forgiven under this paragraph as of December 31, 2021 shall--

(i) be considered a loan made under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1));

(ii) bear an interest rate of 3.75 percent; and

(iii) have a 30-year term.

(8) Duplication.--An eligible entity that received a loan under subsection (a)(36) or (b)(2) of section 7 of the Small Business Act (15 U.S.C. 636) before the date of enactment of this Act shall be eligible for a loan under paragraph (1) if the proceeds of the loan made under such subsection (a)(36) or (b)(2) are not used for the same expenses as the loan under paragraph (1).

(1) In general.--An eligible entity that applies for a loan under subsection (b)(1) may request that the Administrator provide an advance, subject to paragraph (3), to the eligible entity not later than 10 days after the date on which the Administrator receives an application from the eligible entity.

(2) Verification.--Before disbursing amounts under this subsection, the Administrator shall verify that the applicant is an eligible entity by accepting a self-certification from the applicant under penalty of perjury pursuant to section 1746 of title 28, United States Code.

(3) Amount.--The amount of an advance provided to an eligible entity under this subsection shall be the lesser of--

(A) 20 percent of the amount requested by the eligible entity; or

(B) $10,000.

(4) Use of funds.--An advance received under this subsection shall only be used for the allowable uses for a loan under subsection (b)(1).

(5) Repayment.--

(A) In general.--Except as provided under subparagraph (B), an eligible entity that receives an advance under this subsection shall not be required to repay any amounts of the advance.

(B) Return of advance.--If an applicant for a loan under subsection (b)(1) is later determined to be ineligible for the loan because the applicant does not meet the requirements to be an eligible entity described in subsection (a)(3), the applicant shall return to the Administrator any advance amount provided under this subsection--

(i) not later than 90 days after receiving notice of the determination of ineligibility; or

(ii) if the Administrator determines that the applicant submitted the application in bad faith, not later than 30 days after receiving notice of that determination, plus interest in an amount equal to 4.75 percent of the advance.

(d) Resources and Services in Languages Other Than English.--The Administrator shall provide the resources and services made available by the Administration relating to the loans and grants available under this section to eligible entities in the 10 most commonly spoken languages, other than English, in the United States, which shall include Mandarin, Cantonese, Japanese, and Korean.

(e) Regulations.--The Administrator shall issue guidance and rules to carry out this section.

(f) Direct Appropriation.--

(1) In general.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, for an additional amount for

``Small Business Administration--HEAL Act'', $80,000,000, to remain available until September 30, 2021, for carrying out this section.

(2) Emergency designation.--

(A) In general.--The amounts provided under this subsection are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(B) Designation in senate.--In the Senate, this subsection is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

______

SA 2570. Mr. TOOMEY submitted an amendment intended to be proposed by him to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FORGIVABLE BUSINESS PHYSICAL DISASTER LOANS FOR

DAMAGE DUE TO CIVIL UNREST.

(a) Definitions.--In this section--

(1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively;

(2) the term ``covered period'' means the period beginning on May 26, 2020 and ending on July 1, 2020; and

(3) the term ``eligible entity'' means a business concern--

(A) with average annual receipts (as defined in section 121.104 of title 13, Code of Federal Regulations, or any successor regulation) of not more than $2,000,000; and

(B) that--

(ii) incurred damage to real or personal property of the business concern during the covered period as a result of the civil unrest described in clause (i).

(b) Business Physical Disaster Loans.--

(3) Loan amount.--

(A) In general.--The amount of a loan made under paragraph

(1) shall be equal to 100 percent of the amount required to repair, rehabilitate, or replace property, real or personal, of the eligible entity that--

(i) was damaged or destroyed during the covered period as a result of the civil unrest described in subsection

(a)(3)(B)(i); and

(ii) is not compensated for by--

(I) insurance;

(II) a grant from a State or local government; or

(III) any other means.

(B) Deduction of advance amount.--The amount of any advance received by an eligible entity under subsection (c) shall be deducted from the loan amount for the eligible entity under subparagraph (A).

(4) Terms; credit elsewhere.--

(A) In general.--With respect to a loan made to an eligible entity under paragraph (1)--

(i) the Administrator shall waive--

(I) any rules related the personal guarantee on loans of not more than $200,000 during the covered period for all applicants; and

(ii) the eligible entity shall not be required to show that the eligible entity is unable to obtain credit elsewhere; and

(iii) no collateral shall be required for the loan.

(B) Repayment.--Any payments on a loan made to an eligible entity under paragraph (1) are deferred until June 30, 2022, and interest shall not begin to accrue until such date.

(5) Application.--

(A) In general.--Not later than 7 days after the date of enactment of this Act, the Administrator shall begin to accept applications for a loan under paragraph (1).

(B) Deadline.--An eligible entity desiring a loan under this subsection shall submit to the Administrator an application not later than December 31, 2020.

(C) Approval and ability to repay.--With respect to an applicant for a loan made under paragraph (1), the Administrator may--

(i) approve the applicant based on the credit score or personal guarantee of the applicant; or

(ii) use alternative appropriate methods to determine the applicant's ability to repay.

(7) Loan forgiveness.--

(a)(3)(B)(i), shall be eligible for forgiveness of indebtedness equal to 75 percent of the loan amount if the eligible entity--

(i) submits to the Administrator documentation of sales for 2019 and 2020 and tax returns for 2019 and 2020; and

(ii) the eligible entity is in operation as of December 31, 2021.

(B) Amounts not forgiven.--Any remaining amount of a loan described in subparagraph (A) that is not forgiven under this paragraph as of December 31, 2021 shall--

(i) be considered a loan made under section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1));

(ii) bear an interest rate of 3.75 percent; and

(iii) have a 30-year term.

(3) Amount.--The amount of an advance provided to an eligible entity under this subsection shall be the lesser of--

(A) 20 percent of the amount requested by the eligible entity; or

(B) $10,000.

(4) Use of funds.--An advance received under this subsection shall only be used for the allowable uses for a loan under subsection (b)(1).

(5) Repayment.--

(A) In general.--Except as provided under subparagraph (B), an eligible entity that receives an advance under this subsection shall not be required to repay any amounts of the advance.

(i) not later than 90 days after receiving notice of the determination of ineligibility; or

(e) Regulations.--The Administrator shall issue guidance and rules to carry out this section.

(f) Direct Appropriation.--

(1) In general.--There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, for an additional amount for

``Small Business Administration--HEAL Act'', $80,000,000, to remain available until September 30, 2021, for carrying out this section.

(2) Emergency designation.--

(A) In general.--The amounts provided under this subsection are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

______

SA 2571. Mr. JOHNSON submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY

COMMITTEE.

(a) Appropriations.--

(1) In general.--The matter under the heading ``Independent Agencies--Pandemic Response Accountability Committee'' in title V of division B of the CARES Act (Public Law 116-136) is amended by striking ``funds provided in'' and inserting

``covered funds as provided in section 15010 of''.

(2) Emergency designation.--The amounts repurposed in the matter under the heading

``Independent Agencies--Pandemic Response Accountability Committee'' in title V of division B of the CARES Act (Public Law 116-136), as amended by paragraph (1), that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

(b) Definition of Covered Funds.--Section 15010(a)(6) of division B of the CARES Act (Public Law 116-136) is amended--

(1) in subparagraph (A), by striking ``this Act'' and inserting ``divisions A and B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)'';

(2) in subparagraph (C), by striking ``or'' at the end; and

(3) by striking subparagraph (D) and inserting the following:

``(D) the Paycheck Protection Program and Health Enhancement Act (Public Law 116-139); or

``(E) the Coronavirus Relief Fair Unemployment Compensation Act of 2020; and''.

(1) in paragraph (1), by striking ``and (D)'' and inserting

``(D), and (E)''; and

(2) in paragraph (2)(E), by inserting ``of the Council'' after ``Chairperson''.

______

SA 2572. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ESTABLISHMENT AND USE OF TRAIL STEWARDSHIP FOR

ECONOMIC RECOVERY FUND.

(a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Trail Stewardship for Economic Recovery Fund'' (referred to in this section as the ``Fund'').

(b) Deposit Into the Fund.--On the date of enactment of this Act, out of amounts in the Treasury not otherwise obligated, the Secretary of the Treasury shall deposit into the Fund $200,000,000, to remain available until expended and without further appropriation or fiscal year limitation, to carry out the purposes described in subsection (c).

(1) In general.--The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretary''), shall use amounts in the Fund to enter into cooperative agreements or contracts with an outfitter or guide to complete, on National Forest System land--

(A) trail maintenance projects; and

(B) additional invasive plant and noxious weed prevention and control projects.

(2) Preference.--In entering into cooperative agreements or contracts under paragraph (1), the Secretary shall--

(A) give preference to projects described in subparagraphs

(A) and (B) of paragraph (1) that can be performed in an area that the Secretary has selected as a priority area under section 5 of the National Forest System Trails Stewardship Act (16 U.S.C. 583k-3); and

(B) expedite projects with the goal of initiating the majority of the projects not later than 120 days after the date of enactment of this Act.

(3) Contracts and agreements.--A cooperative agreement or contract that is entered into under paragraph (1)--

(A) shall not be subject to any requirement relating to the procurement of matching funds under any other provision of law; and

(B) may contain such terms and conditions as the Secretary requires.

(d) Submission of List of Projects to Congress.--Not later than 180 days after the date of enactment of this Act, and annually thereafter for each fiscal year for which amounts made available under subsection (b) are expended, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a list of projects described in subparagraphs (A) and (B) of subsection (c)(1) that--

(1) meet the criteria described in this section; and

(2) have been, or are expected to be, funded from amounts made available under subsection (b).

______

SA 2573. Mr. GRASSLEY submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. SPECIAL INSPECTOR GENERAL FOR PANDEMIC RECOVERY.

Section 4018(e) of the CARES Act (15 U.S.C. 9053) is amended--

(1) in paragraph (1)--

(A) by striking ``The Special'' and inserting the following:

``(A) In general.--Subject to subparagraph (B), the Special''; and

(B) by adding at the end the following:

``(B) Additional authorities.--

``(i) In general.--Subject to clause (ii), the Special Inspector General may exercise any authority provided to the head of a temporary organization under section 3161 of title 5, United States Code, without regard to whether the Office of the Special Inspector General for Pandemic Recovery qualifies as a temporary organization under subsection (a) of that section.

``(ii) Limitations.--With respect to the exercise of authority under subsection (b) of section 3161 of title 5, United States Code, as permitted under clause (i) of this subparagraph--

``(I) the Special Inspector General may not make any appointment under that subsection on or after the later of--

``(aa) the date that is 180 days after the date of enactment of this subparagraph; or

``(bb) the date that is 180 days after the date on which the Special Inspector General is confirmed by the Senate;

``(II) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and

``(III) no period of an appointment made under that subsection may extend after the date on which the Office of the Special Inspector General for Pandemic Recovery terminates under subsection (h).''; and

(2) by adding at the end the following:

``(5) Reemployment of annuitants.--

``(A) In general.--Subject to subparagraph (B), if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position in the Office of the Special Inspector General for Pandemic Recovery--

``(i) the annuity of that annuitant shall continue; and

``(ii) that reemployed annuitant shall not be considered to be an employee for the purposes of chapter 83 or 84 of title 5, United States Code.

``(B) Limitations.--Subparagraph (A) shall apply to--

``(i) not more than 25 employees of the Office of the Special Inspector General for Pandemic Recovery at any particular time, as designated by the Special Inspector General; and

``(ii) pay periods beginning after the date of enactment of this paragraph.''.

______

SA 2574. Mr. CRAMER (for himself, Mr. Cotton, Mr. Perdue, Mrs. Capito, Mr. Moran, Mr. Barrasso, Mr. Tillis, Mr. Blunt, Mr. Boozman, Ms. McSally, Ms. Murkowski, Mr. Daines, Mrs. Loeffler, Mr. Wicker, Mr. Rounds, and Mr. Lankford) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LOAN FORGIVENESS FOR PPP LOANS UNDER $150,000.

Section 1106 of the CARES Act (15 U.S.C. 9005) is amended--

(1) in subsection (e), in the matter preceding paragraph

(1), by striking ``An eligible'' and inserting ``Except as provided in subsection (m), an eligible'';

(2) in subsection (f), by inserting ``or the information required under subsection (m), as applicable'' after

``subsection (e)'';

(3) by striking subsection (h) and inserting the following:

``(h) Hold Harmless.--

``(1) In general.--A lender may rely on all certifications and documentation submitted by an applicant or eligible recipient pursuant to any requirement in statute regarding covered loans, or rules or guidance promulgated to carry out any action relating to covered loans, from an applicant or eligible recipient attesting that the applicant or eligible recipient has accurately verified all documentation provided to the lender.

``(2) No enforcement action.--With respect to a lender that relies on the certifications and documentation described in paragraph (1)--

``(A) no enforcement or other action may be taken against the lender relating to loan origination, forgiveness, or guarantee based on such reliance, including claims under--

``(i) the Small Business Act (15 U.S.C. 631 et seq.);

``(ii) sections 3729 through 3733 of title 31, United States Code (commonly known as the `False Claims Act');

``(iii) the Financial Institutions Reform, Recovery, and Enforcement Act (Public Law 101-73);

``(iv) section 21 of the Federal Deposit Insurance Act (12 U.S.C. 1829b), chapter 2 of title I of Public Law 91-508 (12 U.S.C. 1951 et seq.), and subchapter II of chapter 53 of title 31, United States Code (collectively known as the `Bank Secrecy Act'); or

``(v) any other Federal, State, or other criminal or civil law or regulation; and

``(B) the lender shall not be subject to any penalties relating to loan origination, forgiveness, or guarantee based on such reliance.''; and

(4) by adding at the end the following:

``(m) Forgiveness for Covered Loans Under $150,000.--

``(1) In general.--Notwithstanding subsection (e), with respect to a covered loan made to an eligible recipient that is not more than $150,000, the covered loan amount shall be forgiven under this section if the eligible recipient submits to the lender a one-page online or paper form, to be established by the Administrator not later than 7 days after the date of enactment of this subsection, that attests that the eligible recipient complied with the requirements under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)).

``(2) Hold harmless.--With respect to a lender that relies on an attestation submitted by an eligible recipient under paragraph (1), no enforcement action may be taken against the lender for any falsehoods contained in the attestation.

``(3) Demographic information.--The online or paper form established by the Administrator under paragraph (1) shall include a means by which an eligible recipient may, at the discretion of the eligible recipient, submit demographic information of the owner of the eligible recipient, including the sex, race, ethnicity, and veteran status of the owner.

``(n) Enforcement Action Against Borrowers.--An eligible recipient of a covered loan may only be subject to an enforcement action or penalty relating to loan origination, forgiveness, or guarantee of the covered loan if the eligible recipient commits fraud or expends covered loan proceeds on expenses that are not allowable under section 7(a)(36)(F) of the Small Business Act (15 U.S.C. 636(a)(36)(F)).''.

______

SA 2575. Mr. CRAMER submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. KEEPING CRITICAL CONNECTIONS EMERGENCY FUND.

(a) Short Title.--This section may be cited as the

``Keeping Critical Connections Act of 2020''.

(b) Definitions.--In this section--

(1) the term ``Commission'' means the Federal Communications Commission;

(2) the term ``covered program'' means a program established by a small business broadband provider under which the small business broadband provider, at any time during the COVID-19 emergency period, voluntarily--

(A) provides a customer with free or discounted broadband service, or free upgrades of existing service to meet certain capacity and speed needs, due specifically to the presence of a student in the household of the customer who needs distance learning capability; or

(B) refrains from disconnecting broadband service provided to an existing customer due to nonpayment or underpayment if the customer--

(i) has a household income, at the time of the nonpayment or underpayment, that does not exceed 135 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services);

(ii) is unable to make a full payment due specifically to the economic impact of the national emergency described in paragraph (3); and

(iii) provides sufficient documentation to the provider to show that the customer meets the criteria under clauses (i) and (ii);

(3) the term ``COVID-19 emergency period'' means the period during which the national emergency declaration by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) is in effect; and

(4) the term ``small business broadband provider'' means a broadband provider that provides broadband service to fewer than 500,000 customers.

(1) Appropriation.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Commission $2,000,000,000 for fiscal year 2020, to remain available until expended, to reimburse small business broadband providers for the costs of carrying out a covered program.

(2) Rules.--The Commission shall promulgate rules on an expedited basis, and without regard to section 553 of title 5, United States Code, regarding the provision of reimbursements to small business broadband providers under paragraph (1).

______

SA 2576. Mr. CRAMER submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. TAX CREDIT FOR SAFETY IMPROVEMENTS.

(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 50 percent of the qualified expenses paid or incurred by such employer during such calendar quarter.

(b) Limitations and Refundability.--

(1) Limitation.--The qualified fixed expenses which may be taken into account under subsection (a) by any eligible employer for any calendar quarter shall not exceed--

(A) in the case of any calendar quarter beginning in 2020,

$500,000, and

(B) in the case of any calendar quarter beginning after 2020, $250,000.

(2) Credit limited to certain employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code, sections 7001 and 7003 of the Families First Coronavirus Response Act, and section 2301 of the CARES Act, for such quarter) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter.

(3) Refundability of excess credit.--

(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of the Internal Revenue Code of 1986.

(B) Treatment of payments.--For purposes of section 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection

(b)(2) of such section.

(1) Applicable employment taxes.--The term ``applicable employment taxes'' means the following:

(A) The taxes imposed under section 3111(a) of the Internal Revenue Code of 1986.

(B) So much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(a) of such Code.

(2) Eligible employer.--

(A) In general.--The term ``eligible employer'' means any employer--

(i) which was carrying on a trade or business at any time during calendar quarter, and

(ii) which has not more than 2,000 full-time equivalent employees (within the meaning of section 45R(d)(2) of the Internal Revenue Code of 1986) for the taxable year.

(B) Tax-exempt organizations.--In the case of an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, subparagraph (A)(i) shall apply to all operations of such organization.

(3) Qualified expenses.--For purposes of this section--

(A) In general.--The term ``qualified expenses'' means any amount paid or incurred after February 1, 2020, for--

(i) qualified equipment and services for the purposes of preventing infection related to SARS-CoV-2, or

(ii) the reconfiguration of facilities for such purposes, or

(iii) qualified education and training of employees for new business procedures related to preventing COVID-19 transmission.

(B) Qualified equipment and services.--The term ``qualified equipment and services'' means--

(i) any product or material which--

(I) serves as personal protective equipment or as a barrier erected to prevent virus spread between customers and employees, including plexiglass installed at cashiers and other counters, and partitions to separate customers,

(II) is a disinfectant product registered by the Administrator of the Environmental Protection Agency for which the Administrator of the Environmental Protection Agency has approved an emerging viral pathogen claim that applies with respect to use against SARS-CoV-2,

(III) is a thermometer, or

(IV) is approved by the Food and Drug Administration for testing for COVID-19 (including diagnosic testing and serology testing to detect antibodies) by the eligible employer, in conjunction with a certified diagnostics laboratory or health care provider,

(ii) any--

(I) contactless point-of-sale system,

(II) new software and technology to assist in maintaining social distancing,

(III) application for reporting employee symptom or providing wellness checks, and

(IV) property used to enable curbside pickup or delivery services,

(iii) hand sanitizer,

(iv) any sign related to public health awareness, social distancing, or altered services such as curbside pickups, and

(v) services for--

(I) cleaning and disinfecting, or

(II) testing for COVID-19 by a certified diagnostics laboratory, and

(vi) such other equipment or technology as determined by the Secretary, in consultation with the Secretary of Labor, the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, the Commissioner of the Food and Drug Administration, the Secretary of Veterans Affairs, the Secretary of Defense, and the Secretary of Agriculture, determines is necessary and appropriate for preventing COVID-19 and is recommended as part of the Federal government's recommendations for safe workplaces.Such term shall not include any equipment which is not for use in the United States or any service which is not conducted in the United States.

(C) Qualified education and training.--The term ``qualified education and training'' means education or training provided by an accredited training institution, an industry-recognized trade association, or another nonprofit entity.

(4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate.

(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section.

(e) Denial of Double Benefit.--For purposes of chapter 1 of such Code, the gross income of any eligible employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit.

(f) Election Not To Have Section Apply.--This section shall not apply with respect to any eligible employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary may prescribe) not to have this section apply.

(g) Transfers to Certain Trust Funds.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted.

(h) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 of such Code for any failure to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section.

(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and guidance as are necessary--

(1) to allow the advance payment of the credit under subsection (a), subject to the limitations provided in this section, based on such information as the Secretary shall require,

(2) to provide for the reconciliation of such advance payment with the amount of the credit at the time of filing the return of tax for the applicable quarter or taxable year,

(3) with respect to the application of the credit under subsection (a) to third-party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504 of the Internal Revenue Code of 1986), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors,

(4) for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a), and

(5) for providing the benefit of the credit under subsection (a) to taxpayers who have already filed returns for calendar quarters ending before the date of the enactment of this Act.

(j) Application of Section.--This section shall apply only to qualified fixed expenses paid or accrued in calendar quarters ending on or after February 1, 2020, and beginning before January 1, 2022.

______

SA 2577. Mr. BARRASSO submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXPEDITED PERMITTING AUTHORITY FOR BROADBAND

DEPLOYMENT ON FEDERAL LAND.

(a) Definitions.--In this section:

(1) Federal land.--The term ``Federal land'' means land owned by the Federal Government.

(2) Secretary concerned.--The term ``Secretary concerned'' means the Secretary of the department that administers the Federal land on which a project described in subsection (b) is carried out.

(b) Expedited Permitting Authority.--The Secretary concerned shall expedite the approval of permits for a project for the deployment of broadband infrastructure on highway or road rights-of-way, easements, or other licensed or permitted access points on Federal land, including by waiving any applicable requirements for the approval of those permits, as the Secretary concerned determines to be appropriate.

(1) Management.--The holder of a permit described in subsection (b) shall be responsible for the management and oversight of a project described in that subsection.

(2) Right-of-way.--A project described in subsection (b) shall be carried out in accordance with requirements of the applicable right-of-way, except that a reclamation bond shall not be required for the project.

(d) Termination of Authority.--The authority provided by this section shall terminate effective July 1, 2021.

______

SA 2578. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. HAZARDOUS DUTY PAY FOR MEMBERS OF THE ARMED FORCES

PERFORMING DUTY IN RESPONSE TO THE CORONAVIRUS

DISEASE 2019.

(a) In General.--The Secretary of the military department concerned shall pay hazardous duty pay under this section to a member of a regular or reserve component of the Armed Forces who--

(1) performs duty in response to the Coronavirus Disease 2019 (COVID-19); and

(2) is entitled to basic pay under section 204 of title 37, United States Code, or compensation under section 206 of such title, for the performance of such duty.

(b) Regulations.--Hazardous duty pay shall be payable under this section in accordance with regulations prescribed by the Secretary of Defense. Such regulations shall specify the duty in response to the Coronavirus Disease 2019 qualifying a member for payment of such pay under this section.

(c) Amount.--The amount of hazardous duty pay paid a member under this section shall be such amount per month, not less than $150 per month, as the Secretary of Defense shall specify in the regulations under subsection (b).

(d) Monthly Payment; No Proration.--

(1) Monthly payment.--Hazardous duty pay under this section shall be paid on a monthly basis.

(2) No proration.--Hazardous duty pay is payable to a member under this section for a month if the member performs any duty in that month qualifying the person for payment of such pay.

(e) Months for Which Payable.--Hazardous duty pay is payable under this section for qualifying duty performed in months occurring during the period--

(1) beginning on January 1, 2020; and

(2) ending on December 31, 2020.

(f) Construction With Other Pay.--Hazardous duty pay payable to a member under this section is in addition to the following:

(1) Any other pay and allowances to which the member is entitled by law.

(2) Any other hazardous duty pay to which the member is entitled under section 351 of title 37, United States Code

(or any other provision of law), for duty that also constitutes qualifying duty for payment of such pay under this section.

(g) Sense of Senate.--It is the sense of the Senate that the Secretary of Defense should also authorize hazardous duty pay for members of the Armed Forces not under orders specific to the response to the Coronavirus Disease 2019 who provide--

(1) healthcare in a military medical treatment facility for individuals infected with the Coronavirus Disease 2019; or

(2) technical or administrative support for the provision of healthcare as described in paragraph (1).

______

SA 2579. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON THE PURCHASE OF DOGS AND CATS FROM

WET MARKETS IN CHINA USING FEDERAL FUNDS.

(a) Definition of Wet Market.--In this section, the term

``wet market'' means a marketplace--

(1) where fresh meat, fish, and live animals are bought, sold, and slaughtered; and

(2) that is not regulated under any standardized sanitary or health inspection processes that meet applicable standards required for similar establishments in the United States, as determined by the Secretary of Agriculture.

(b) Prohibition.--Notwithstanding any other provision of law, no Federal funds made available by any law may be used by the Federal Government, or any recipient of the Federal funds under a contract, grant, subgrant, or other assistance, to purchase from a wet market in China--

(1) a live cat, dog, or other animal;

(2) a carcass, any part, or any item containing any part of a cat, dog, or other animal; or

(3) any other animal product.

______

SA 2580. Ms. ERNST submitted an amendment intended to be proposed by her to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. __. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL

ELECTION CAMPAIGNS.

(a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 2019.''.

(b) Termination of Fund and Account.--

(1) Termination of presidential election campaign fund.--

(A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section:

``SEC. 9013. TERMINATION.

``The provisions of this chapter shall not apply with respect to any Presidential election (or any Presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election.''.

(B) Transfer of remaining funds.--Section 9006 of such Code is amended by adding at the end the following new subsection:

``(d) Transfer of Funds Remaining After Termination.--The Secretary shall transfer the amounts in the fund as of the date of the enactment of this subsection to the Department of Health and Human Services to be used to acquire unexpired personal protective equipment (including face masks) for the strategic national stockpile under section 319F-2 of the Public Health Service Act.''.

(2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section:

``SEC. 9043. TERMINATION.

``The provisions of this chapter shall not apply to any candidate with respect to any Presidential election after the date of the enactment of this section.''.

(1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item:

``Sec. 9013. Termination.''.

(2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item:

``Sec. 9043. Termination.''.

______

SA 2581. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the end, add the following:

SEC. 3. PROHIBITING PAYMENT OF PANDEMIC UNEMPLOYMENT

ASSISTANCE AND FEDERAL PANDEMIC UNEMPLOYMENT

COMPENSATION TO MILLIONAIRES.

(a) Pandemic Unemployment Assistance.--Section 2102 of the Relief for Workers Affected by Coronavirus Act (contained in subtitle A of title II of division A of the CARES Act (Public Law 116-136)) is amended--

(1) in subsection (a)(3)(B)--

(A) in clause (i), by striking ``or'' at the end;

(B) in clause (ii), by striking the period at the end and inserting ``; or''; and

``(iii) an individual whose adjusted gross income is equal to or greater than $1,000,000.''; and

(2) by adding at the end the following new subsection:

``(i) Prohibition on Assistance to Millionaires.--

``(1) Compliance.--Any application for assistance authorized under subsection (b) shall include a form or procedure for an individual applicant to certify that such individual is not prohibited from receiving such assistance pursuant to subsection (a)(3)(B)(iii).

``(2) Audits.--The certifications required by paragraph (1) shall be auditable by the Department of Labor or the Government Accountability Office.''.

(b) Federal Pandemic Unemployment Compensation.--Section 2104(b) of the Relief for Workers Affected by Coronavirus Act

(contained in subtitle A of title II of division A of the CARES Act (Public Law 116-136)), as amended by section 2(b)(1)(B), is amended by adding at the end the following new paragraph:

``(4) Prohibition on compensation to millionaires.--

``(A) In general.--Federal Pandemic Unemployment Compensation shall not be payable to any individual whose adjusted gross income is equal to or greater than $1,000,000.

``(B) Compliance.--Any application for regular compensation shall include a form or procedure for an individual applicant to certify that such individual is not prohibited from receiving Federal Pandemic Unemployment Compensation pursuant to subparagraph (A).

``(C) Audits.--The certifications required by subparagraph

(B) shall be auditable by the Department of Labor or the Government Accountability Office.''.

(c) Rule of Construction.--Nothing in this section, or any amendment made by this section, may be construed to apply to regular compensation or extended compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act (26 U.S.C. 3304 note)) to which an individual may be otherwise entitled.

(d) Effective Date.--The amendments made by this section shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act.

______

SA 2582. Ms. ERNST (for herself, Mr. Alexander, Mr. Blunt, Mr. Young, and Mr. Daines) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

back to work child care grants

For an additional amount for ``Back to Work Child Care Grants'', $10,000,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, which shall be for activities to carry out Back to Work Child Care Grants to qualified child care providers, for a transition period of not more than 9 months to assist in paying for fixed costs and increased operating expenses due to COVID-19, and to reenroll children in an environment that supports the health and safety of children and staff: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Sec. __. (a) Purpose.--The purpose of this section is to support the recovery of the United States economy by providing assistance to aid in reopening child care programs, and maintaining the availability of child care in the United States, so that parents can access safe child care and return to work.

(b) Definitions.--In this section:

(1) Covid-19 public health emergency.--The term ``COVID-19 public health emergency'' means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, including any renewal of such declaration.

(2) Eligible child care provider.--The term ``eligible child care provider'' means--

(A) an eligible child care provider as defined in section 658P(6)(A) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n(6)(A)); and

(B) a child care provider that--

(i) is license-exempt and operating legally in the State;

(ii) is not providing child care services to relatives; and

(iii) satisfies State and local requirements, including those referenced in section 658E(c)(2)(I) of the Child Care and Development Block Grant Act of 1990 ((42 U.S.C. 9858c)(c)(2)(I)).

(3) Indian tribe; tribal organization.--The terms ``Indian tribe'' and ``tribal organization'' have the meanings given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).

(4) Lead agency.--The term ``lead agency'' has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).

(5) Qualified child care provider.--The term ``qualified child care provider'' means an eligible child care provider with an application approved under subsection (g) for the program involved.

(6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

(7) State.--The term ``State'' has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).

(c) Grants for Child Care Programs.--From the funds appropriated to carry out this section, the Secretary shall make Back to Work Child Care grants to States, Indian tribes, and tribal organizations, that submit notices of intent to provide assurances under subsection (d)(2). The grants shall provide for subgrants to qualified child care providers, for a transition period of not more than 9 months, to assist in paying for fixed costs and increased operating expenses due to COVID-19 and to reenroll children in an environment that supports the health and safety of children and staff.

(d) Process for Allocation of Funds.--

(1) Allocation.--Any funds that are appropriated to carry out this section shall be distributed by the Secretary to the Administration for Children and Families for distribution under the Child Care and Development Block Grant Act of 1990

(42 U.S.C. 9857 et seq.) in accordance with subsection

(e)(2).

(2) Notice.--Not later than 7 days after funds are appropriated to carry out this section, the Secretary shall provide to States, Indian tribes, and tribal organizations a notice of funding availability for Back to Work Child Care grants under subsection (c) from allotments and payments under subsection (e)(2). The Secretary shall issue a notice of the funding allocations for each State, Indian tribe, and tribal organization not later than 14 days after funds are appropriated to carry out this section.

(3) Notice of intent.--Not later than 14 days after issuance of a notice of funding allocations under paragraph

(1), a State, Indian tribe, or tribal organization that seeks such a grant shall submit to the Secretary a notice of intent to provide assurances for such grant. The notice of intent shall include a certification that the State, Indian tribe, or tribal organization will repay the grant funds if such State, Indian tribe, or tribal organization fails to provide assurances that meet the requirements of subsection (f) or to comply with such an assurance.

(4) Grants to lead agencies.--The Secretary may make grants under subsection (c) to the lead agency of each State, Indian tribe, or tribal organization, upon receipt of the notice of intent to provide assurances for such grant.

(5) Provision of assurances.--Not later than 15 days after receiving the grant, the State, Indian tribe, or tribal organization shall provide assurances that meet the requirements of subsection (f).

(e) Federal Reservation; Allotments and Payments.--

(1) Reservation.--The Secretary shall reserve not more than 1 percent of the amount appropriated to carry out this section to pay for the costs of the Federal administration of this section. The amount appropriated to carry out this section and reserved under this paragraph shall remain available through fiscal year 2021.

(2) Allotments and payments.--The Secretary shall use the remaining portion of such amount to make allotments and payments, to States, Indian tribes, and tribal organizations that submit a notice of intent under subsection (d)(3) to provide assurances, in accordance with paragraphs (1) and (2) of subsection (a), and subsection (b), of section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m), for the grants described in subsection (c).

(f) Assurances.--A State, Indian tribe, or tribal organization that receives a grant under subsection (c) shall provide to the Secretary assurances that the lead agency will--

(1) require as a condition of subgrant funding under subsection (g) that each eligible child care provider applying for a subgrant from the lead agency--

(A) has been an eligible child care provider in continuous operation and serving children through a child care program immediately prior to March 1, 2020;

(B) agree to follow all applicable State, local, and tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition;

(D) certify in good faith that the child care program of the provider will remain open for not less than 1 year after receiving such a subgrant, unless such program is closed due to extraordinary circumstances, including a state of emergency declared by the Governor or a major disaster or emergency declared by the President under section 401 or 501, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170, 5191);

(2) ensure eligible child care providers in urban, suburban, and rural areas can readily apply for and access funding under this section, which shall include the provision of technical assistance either directly or through resource and referral agencies or staffed family child care provider networks;

(3) ensure that subgrant funds are made available to eligible child care providers regardless of whether the eligible child care provider is providing services for which assistance is made available under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) at the time of application for a subgrant;

(4) through at least December 31, 2020, continue to expend funds provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) for the purpose of continuing payments and assistance to qualified child care providers on the basis of applicable reimbursements prior to March 2020;

(5) undertake a review of burdensome State, local, and tribal regulations and requirements that hinder the opening of new licensed child care programs to meet the needs of the working families in the State or tribal community, as applicable;

(6) make available to the public, which shall include, at a minimum, posting to an internet website of the lead agency--

(A) notice of funding availability through subgrants for qualified child care providers under this section; and

(B) the criteria for awarding subgrants for qualified child care providers, including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs (D) and (E) of subsection (g)(4); and

(7) ensure the maintenance of a delivery system of child care services throughout the State that provides for child care in a variety of settings, including the settings of family child care providers.

(g) Lead Agency Use of Funds.--

(1) In general.--A lead agency that receives a Back to Work Child Care grant under this section--

(A) shall use a portion that is not less than 94 percent of the grant funds to award subgrants to qualified child care providers as described in the lead agency's assurances pursuant to subsection (f);

(B) shall reserve not more than 6 percent of the funds to--

(i) use not less than 1 percent of the funds to provide technical assistance and support in applying for and accessing funding through such subgrants to eligible child care providers, including to rural providers, family child care providers, and providers with limited administrative capacity; and

(ii) use the remainder of the reserved funds to--

(I) administer subgrants to qualified child care providers under paragraph (4), which shall include monitoring the compliance of qualified child care providers with applicable State, local, and tribal health and safety requirements; and

(II) comply with the reporting and documentation requirements described in subsection (h); and

(C)(i) shall not make more than 1 subgrant under paragraph

(4) to a qualified child care provider, except as described in clause (ii); and

(ii) may make multiple subgrants to a qualified child care provider, if the lead agency makes each subgrant individually for 1 child care program operated by the provider and the funds from the multiple subgrants are not pooled for use for more than 1 of the programs.

(2) Role of third party.--The lead agency may designate a third party, such as a child care resource and referral agency, to carry out the responsibilities of the lead agency, and oversee the activities conducted by qualified child care providers under this subsection.

(3) Obligation and return of funds.--

(A) Obligation.--

(i) In general.--The lead agency shall obligate at least 50 percent of the grant funds in the portion described in paragraph (1)(A) for subgrants to qualified child care providers by the day that is 6 months after the date of enactment of this Act.

(ii) Waivers.--At the request of a State, Indian tribe, or tribal organization, and for good cause shown, the Secretary may waive the requirement under clause (i) for the State, Indian tribe, or tribal organization.

(B) Return of funds.--Not later than the date that is 12 months after a grant is awarded to a lead agency in accordance with this section, the lead agency shall return to the Secretary any of the grant funds that are not obligated by the lead agency by such date. The Secretary shall return any funds received under this subparagraph to the Treasury of the United States.

(4) Subgrants.--

(A) In general.--A lead agency that receives a grant under subsection (c) shall make subgrants to qualified child care providers to assist in paying for fixed costs and increased operating expenses, for a transition period of not more than 9 months, so that parents have a safe place for their children to receive child care as the parents return to the workplace.

(B) Use of funds.--A qualified child care provider may use subgrant funds for--

(i) sanitation and other costs associated with cleaning the facility, including deep cleaning in the case of an outbreak of COVID-19, of a child care program used to provide child care services;

(ii) recruiting, retaining, and compensating child care staff, including providing professional development to the staff related to child care services and applicable State, local, and tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition;

(iii) paying for fixed operating costs associated with providing child care services, including the costs of payroll, the continuation of existing (as of March 1, 2020) employee benefits, mortgage or rent, utilities, and insurance;

(iv) acquiring equipment and supplies (including personal protective equipment) necessary to provide child care services in a manner that is safe for children and staff in accordance with applicable State, local, and tribal health and safety requirements;

(v) replacing materials that are no longer safe to use as a result of the COVID-19 public health emergency;

(vi) making facility changes and repairs to address enhanced protocols for child care services related to COVID-19 or another health or safety condition, to ensure children can safely occupy a child care facility;

(vii) purchasing or updating equipment and supplies to serve children during nontraditional hours;

(viii) adapting the child care program or curricula to accommodate children who have not had recent access to a child care setting;

(ix) carrying out any other activity related to the child care program of a qualified child care provider; and

(x) reimbursement of expenses incurred before the provider received a subgrant under this paragraph, if the use for which the expenses are incurred is described in any of clauses (i) though (ix) and is disclosed in the subgrant application for such subgrant.

(C) Subgrant application.--To be qualified to receive a subgrant under this paragraph, an eligible child care provider shall submit an application to the lead agency in such form and containing such information as the lead agency may reasonably require, including--

(i) a budget plan that includes--

(I) information describing how the eligible child care provider will use the subgrant funds to pay for fixed costs and increased operating expenses, including, as applicable, payroll, employee benefits, mortgage or rent, utilities, and insurance, described in subparagraph (B)(iii);

(II) data on current operating capacity, taking into account previous operating capacity for a period of time prior to the COVID-19 public health emergency, and updated group size limits and staff-to-child ratios;

(III) child care enrollment, attendance, and revenue projections based on current operating capacity and previous enrollment and revenue for the period described in subclause

(II); and

(IV) a demonstration of how the subgrant funds will assist in promoting the long-term viability of the eligible child care provider and how the eligible child care provider will sustain its operations after the cessation of funding under this section;

(ii) assurances that the eligible child care provider will--

(I) report to the lead agency, before every month for which the subgrant funds are to be received, data on current financial characteristics, including revenue, and data on current average enrollment and attendance;

(II) not artificially suppress revenue, enrollment, or attendance for the purposes of receiving subgrant funding;

(III) provide the necessary documentation under subsection

(h) to the lead agency, including providing documentation of expenditures of subgrant funds; and

(IV) implement all applicable State, local, and tribal health and safety requirements and, if applicable, enhanced protocols for child care services and related to COVID-19 or another health or safety condition; and

(iii) a certification in good faith that the child care program will remain open for not less than 1 year after receiving a subgrant under this paragraph, unless such program is closed due to extraordinary circumstances described in subsection (f)(1)(D).

(D) Subgrant disbursement.--In providing funds through a subgrant under this paragraph--

(i) the lead agency shall--

(I) disburse such subgrant funds to a qualified child care provider in installments made not less than once monthly;

(II) disburse a subgrant installment for a month after the qualified child care provider has provided, before that month, the enrollment, attendance, and revenue data required under subparagraph (C)(ii)(I) and, if applicable, current operating capacity data required under subparagraph

(C)(i)(II); and

(III) make subgrant installments to any qualified child care provider for a period of not more than 9 months; and

(ii) the lead agency may, notwithstanding subparagraph

(E)(i), disburse an initial subgrant installment to a provider in a greater amount than that subparagraph provides for, and adjust the succeeding installments, as applicable.

(E) Subgrant installment amount.--The lead agency--

(i) shall determine the amount of a subgrant installment under this paragraph by basing the amount on--

(I)(aa) at a minimum, the fixed costs associated with the provision of child care services by a qualified child care provider; and

(bb) at the election of the lead agency, an additional amount determined by the State, for the purposes of assisting qualified child care providers with, as applicable, increased operating costs and lost revenue, associated with the COVID-19 public health emergency; and

(II) any other methodology that the lead agency determines to be appropriate, and which is disclosed in reporting submitted by the lead agency under subsection (f)(6)(B);

(ii) shall ensure that, for any period for which subgrant funds are disbursed under this paragraph, no qualified child care provider receives a subgrant installment that when added to current revenue for that period exceeds the revenue for the corresponding period 1 year prior; and

(iii) may factor in decreased operating capacity due to updated group size limits and staff-to-child ratios, in determining subgrant installment amounts.

(F) Repayment of subgrant funds.--A qualified child care provider that receives a subgrant under this paragraph shall be required to repay the subgrant funds if the lead agency determines that the provider fails to provide the assurances described in subparagraph (C)(ii)(II), or to comply with such an assurance.

(5) Supplement not supplant.--Amounts made available to carry out this section shall be used to supplement and not supplant other Federal, State, tribal, and local public funds expended to provide child care services, including funds provided under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9857 et seq.) and State and tribal child care programs.

(h) Documentation and Reporting Requirements.--

(1) Documentation.--A State, Indian tribe, or tribal organization receiving a grant under subsection (c) shall provide documentation of any State or tribal expenditures from grant funds received under subsection (c) in accordance with section 658K(b) of the Child Care Development Block Grant Act of 1990 (42 U.S.C. 9858i(b)), and to the independent entity described in that section.

(2) Reports.--

(A) Lead agency report.--A lead agency receiving a grant under subsection (c) shall, not later than 12 months after receiving such grant, submit a report to the Secretary that includes for the State or tribal community involved a description of the program of subgrants carried out to meet the objectives of this section, including--

(i) a description of how the lead agency determined--

(I) the criteria for awarding subgrants for qualified child care providers, including the methodology the lead agency used to determine and disburse funds in accordance with subparagraphs (D) and (E) of subsection (g)(4); and

(II) the types of providers that received priority for the subgrants, including considerations related to--

(aa) setting;

(bb) average monthly revenues, enrollment, and attendance, before and during the COVID-19 public health emergency and after the expiration of State, local, and tribal stay-at-home orders; and

(cc) geographically based child care service needs across the State or tribal community; and

(ii) the number of eligible child care providers in operation and serving children on March 1, 2020, and the average number of such providers for March 2020 and each of the 11 months following, disaggregated by age of children served, geography, region, center-based child care setting, and family child care setting;

(iii) the number of child care slots, in the capacity of a qualified child care provider given applicable group size limits and staff-to-child ratios, that were open for attendance of children on March 1, 2020, the average number of such slots for March 2020 and each of 11 months following, disaggregated by age of children served, geography, region, center-based child care setting, and family child care setting;

(iv)(I) the number of qualified child care providers that received a subgrant under subsection (g)(4), disaggregated by age of children served, geography, region, center-based child care setting, and family child care setting, and the average and range of the amounts of the subgrants awarded; and

(II) the percentage of all eligible child care providers that are qualified child care providers that received such a subgrant, disaggregated as described in subclause (I); and

(v) information concerning how qualified child care providers receiving subgrants under subsection (g)(4) used the subgrant funding received, disaggregated by the allowable uses of funds described in subsection (g)(4)(B).

(B) Report to congress.--Not later than 90 days after receiving the lead agency reports required under subparagraph

(A), the Secretary shall make publicly available and provide to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report summarizing the findings of the lead agency reports.

(i) Exclusion From Income.--For purposes of the Internal Revenue Code of 1986, gross income shall not include any amount received by a qualified child care provider under this section.

(j) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the activities under this section.

______

SA 2583. Ms. ERNST submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE II--FRNT LINE ACT

SEC. 201. SHORT TITLE.

This title may be cited as the ``Financial Relief Noting The Large Impact Of Our Nation's Essential Employees (FRNT LINE) Act''.

SEC. 202. DEFINITIONS.

For purposes of this title:

(1) Covid-19 front-line employee.--The term ``COVID-19 front-line employee'' means an employee--

(A) whose principal place of employment during the COVID-19 emergency period is on the employer's premises or at a prescribed work place that is not home of the employee, and

(B) who--

(i) is identified as essential critical infrastructure workforce pursuant to the guidance issued on March 19, 2020, by Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security (including any revisions to such guidance made after such date),

(ii) performs restaurant and foodservice work, including carryout, drive-thru, or food delivery work, requiring physical interaction with individuals or food products, or

(iii) performs educational work, school nutrition work, and other work required to operate a school facility, including early childhood programs, preschool programs, elementary and secondary education, and higher education.

(2) COVID-19 emergency period.--The term ``COVID-19 emergency period'' means the period--

(A) beginning on April 1, 2020, and

(B) ending on the earlier of--

(i) the last day of the first month in which the emergency involving Federal primary responsibility determined to exist by the President under section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)) with respect to the Coronavirus Disease 2019

(COVID-19) is no longer in effect, or

(ii) December 31, 2020.

(3) Other terms.--Any term used in this title which is used in chapter 2 of the Internal Revenue Code of 1986 shall have the meaning given such term under such chapter.

SEC. 203. EXCLUSION FROM GROSS INCOME FOR CERTAIN

COMPENSATION OF FRONT-LINE EMPLOYEES FOR

ESSENTIAL INDUSTRIES DURING THE COVID-19

NATIONAL EMERGENCY.

(a) In General.--For purposes of the Internal Revenue Code of 1986, gross income shall not include any wages received during the COVID-19 emergency period by an individual who is a COVID-19 front-line employee for employment as a COVID-19 front-line employee.

(b) Limitation.--The amount of wages excluded from gross income under subsection (a) for any month shall not exceed

$8,803.50 for any month during any part of which such COVID-19 front-line employee earned income as an essential critical infrastructure employee.

(c) Special Rule for Child Tax Credit and Earned Income Credit.--For purposes of sections 24 and 32 of the Internal Revenue Code of 1986, an taxpayer may elect to treat amounts excluded from gross income by reason of subsection (a) as earned income.

(d) Reporting.--Any employer that makes a payment described in subsection (a) during a calendar year shall include the amount of such payment as a separately stated item on any written statement required under section 6051 of the Internal Revenue Code of 1986.

SEC. 204. TEMPORARY SUSPENSION OF PAYROLL TAXES.

(a) In General.--Notwithstanding any other provision of law, with respect to remuneration received by a COVID-19 front-line employee for pay periods ending after the effective date of this Act and before the date described in section 2(3)(B), the rate of tax under 3101(a) of the Internal Revenue Code of 1986 shall be 0 percent (including for purposes of determining the applicable percentage under sections 3201(a) and 3211(a) of such Code).

(b) Limitation.--

(1) In general.--Subsection (a) shall not apply to any COVID-19 front-line employee whose annual wages for the calendar year is expected to exceed $50,000.

(2) Guidance.--The Secretary shall prescribed regulations or other guidance for purposes of determining the amount of expected annual wages for nonsalaried employees, including for situations in which an employee expects annual wages in excess of the amount described in paragraph (1) from more than 1 employer.

(c) Employer Notification.--The Secretary of the Treasury shall notify employers of the payroll tax suspension period in any manner the Secretary deems appropriate.

(d) Transfers of Funds.--

(1) Transfers to federal old-age and survivors insurance trust fund.--There are hereby appropriated to the Federal Old Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the application of section 4. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted.

(2) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the application of section 4. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such account had such amendments not been enacted.

(e) Coordination With Other Federal Laws.--For purposes of applying any provision of Federal law other than the provisions of the Internal Revenue Code of 1986, the rate of tax in effect under section 3101(a) of such Code shall be determined without regard to the reduction in such rate under this section.

______

SA 2584. Ms. ERNST (for herself and Mr. Young) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

payments to states for the child care and development block grant

For an additional amount for ``Payments to States for the Child Care and Development Block Grant'', $15,000,000,000, to remain available through September 30, 2021, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including for Federal administrative expenses, which shall be used to supplement, not supplant State, territory, and Tribal general revenue funds for child care assistance for low-income families within the United States (including territories) without regard to requirements in subparagraph (D) or (E) of section 658E(c)(3) or section 658G of the Child Care and Development Block Grant Act: Provided, That funds provided under this heading in this Act may be used to provide continued payments and assistance to child care providers in the case of decreased enrollment or closures related to coronavirus, and to assure they are able to remain open or reopen as appropriate and applicable: Provided further, That States, territories, and Tribes are encouraged to place conditions on payments to child care providers that ensure that child care providers use a portion of funds received to continue to pay the salaries and wages of staff: Provided further, That the Secretary shall remind States that CCDBG State plans do not need to be amended prior to utilizing existing authorities in the CCDBG Act for the purposes provided herein: Provided further, That States, territories, and Tribes are authorized to use funds appropriated under this heading in this Act to provide child care assistance to health care sector employees, emergency responders, sanitation workers, and other workers deemed essential during the response to coronavirus by public officials, without regard to the income eligibility requirements of section 658P(4) of such Act: Provided further, That funds appropriated under this heading in this Act shall be available to eligible child care providers under section 658P(6) of the CCDBG Act, even if such providers were not receiving CCDBG assistance prior to the public health emergency as a result of the coronavirus and any renewal of such declaration pursuant to such section 319, for the purposes of cleaning and sanitation, and other activities necessary to maintain or resume the operation of programs: Provided further, That payments made under this heading in this Act may be obligated in this fiscal year or the succeeding 2 fiscal years: Provided further, That funds appropriated under this heading in this Act may be made available to restore amounts, either directly or through reimbursement, for obligations incurred to prevent, prepare for, and respond to coronavirus, domestically or internationally, prior to the date of enactment of this Act: Provided further, That such amount is designated by Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

______

SA 2585. Ms. ERNST (for herself and Mrs. Capito) submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CREDIT FOR FAMILY CAREGIVERS.

(a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section:

``SEC. 25E. FAMILY CAREGIVERS.

``(a) Allowance of Credit.--In the case of an eligible caregiver, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the qualified expenses paid by the taxpayer during the taxable year to the extent that such expenses exceed $2,000.

``(b) Limitation.--

``(1) In general.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $3,000.

``(2) Adjustment for inflation.--In the case of any taxable year beginning after 2020, the dollar amount contained in paragraph (1) shall be increased by an amount equal to the product of--

``(A) such dollar amount, and

``(B) the medical care cost adjustment determined under section 213(d)(10)(B)(ii) for the calendar year in which the taxable year begins, determined by substituting `2019' for

`1996' in subclause (II) thereof.If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.

``(c) Eligible Caregiver.--For purposes of this section, the term `eligible caregiver' means an individual who, during the taxable year, pays or incurs qualified expenses in connection with providing care for a qualified care recipient.

``(d) Qualified Care Recipient.--For purposes of this section--

``(1) In general.--The term `qualified care recipient' means, with respect to any taxable year, any individual who--

``(A) is the spouse of the eligible caregiver, or any other person who bears a relationship to the eligible caregiver described in any of subparagraphs (A) through (H) of section 152(d)(2), and

``(B) has been certified, before the due date for filing the return of tax for the taxable year, by a licensed health care practitioner (as defined in section 7702B(c)(4)) as being an individual with long-term care needs described in paragraph (3) for a period--

``(i) which is at least 180 consecutive days, and

``(ii) a portion of which occurs within the taxable year.

``(2) Period for making certification.--Notwithstanding paragraph (1)(B), a certification shall not be treated as valid unless it is made within the 39\1/2\-month period ending on such due date (or such other period as the Secretary prescribes).

``(3) Individuals with long-term care needs.--An individual is described in this paragraph if the individual meets any of the following requirements:

``(A) The individual is at least 6 years of age and--

``(i) is unable to perform (without substantial assistance from another individual) at least 2 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or

``(ii) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform, without reminding or cuing assistance, at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities.

``(B) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform

(without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility.

``(C) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent.

``(e) Qualified Expenses.--For purposes of this section--

``(1) In general.--Subject to paragraph (4), the term

`qualified expenses' means expenditures for goods, services, and supports that--

``(A) assist a qualified care recipient with accomplishing activities of daily living (as defined in section 7702B(c)(2)(B)) and instrumental activities of daily living

(as defined in section 1915(k)(6)(F) of the Social Security Act (42 U.S.C. 1396n(k)(6)(F))),

``(B) are provided solely for use by such qualified care recipient, and

``(C) are made after March 13, 2020 and before January 1, 2022.

``(2) Adjustment for other tax benefits.--The amount of qualified expenses otherwise taken into account under paragraph (1) with respect to an individual shall be reduced by the sum of any amounts paid for the benefit of such individual for the taxable year which are--

``(A) taken into account under section 21 or 213, or

``(B) excluded from gross income under section 129, 223(f), or 529A(c)(1)(B).

``(3) Goods, services, and supports.--For purposes of paragraph (1), goods, services, and supports (as defined by the Secretary) shall include--

``(A) human assistance, supervision, cuing and standby assistance,

``(B) assistive technologies and devices (including remote health monitoring),

``(C) environmental modifications (including home modifications),

``(D) health maintenance tasks (such as medication management),

``(E) information,

``(F) transportation of the qualified care recipient,

``(G) nonhealth items (such as incontinence supplies), and

``(H) coordination of and services for people who live in their own home, a residential setting, or a nursing facility, as well as the cost of care in these or other locations.

``(4) Qualified expenses for eligible caregivers.--For purposes of paragraph (1), the following shall be treated as qualified expenses if paid or incurred by an eligible caregiver:

``(A) Expenditures for respite care for a qualified care recipient.

``(B) Expenditures for counseling, support groups, or training relating to caring for a qualified care recipient.

``(C) Lost wages for unpaid time off due to caring for a qualified care recipient as verified by an employer.

``(D) Travel costs of the eligible caregiver related to caring for a qualified care recipient.

``(E) Expenditures for technologies, as determined by the Secretary, that assist an eligible caregiver in providing care for a qualified care recipient.

``(5) Human assistance.--The term `human assistance' includes the costs of a direct care worker.

``(6) Documentation.--An expense shall not be taken into account under this section unless the eligible caregiver substantiates such expense under such regulations or guidance as the Secretary shall provide.

``(7) Mileage rate.--For purposes of this section, the mileage rate for the use of a passenger automobile shall be the standard mileage rate used to calculate the deductible costs of operating an automobile for medical purposes. Such rate may be used in lieu of actual automobile-related travel expenses.

``(8) Coordination with able accounts.--Qualified expenses for a taxable year shall not include contributions to an ABLE account (as defined in section 529A).

``(f) Phase Out Based on Adjusted Gross Income.--For purposes of this section--

``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $100 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount.

``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.

``(3) Threshold amount.--The term `threshold amount' means--

``(A) $150,000 in the case of a joint return, and

``(B) $75,000 in any other case.

``(4) Indexing.--In the case of any taxable year beginning in a calendar year after 2020, each dollar amount contained in paragraph (3) shall be increased by an amount equal to the product of--

``(A) such dollar amount, and

``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2019' for

`calendar year 2016' in subparagraph (A)(ii) thereof.

``(5) Rounding rule.--If any increase determined under paragraph (4) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.

``(g) Identification of Eligible Caregiver With Care Recipient (Qualified Care Recipient) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any qualified care recipient unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the licensed health care practitioner certifying such individual, on the return of tax for the taxable year.''.

(b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item:

``Sec. 25E. Family caregivers.''.

______

SA 2586. Mr. DAINES submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PASS-THROUGH OF PORTION OF STATE CORONAVIRUS RELIEF

FUND TO LOCAL GOVERNMENTS.

(a) Pass-Through Requirement.--Subsection (b) of section 601 of the Social Security Act (42 U.S.C. 801) is amended--

(1) in paragraph (1), by striking ``Subject to paragraph

(2)'' and inserting ``Subject to paragraphs (2) and (3)''; and

(2) by adding at the end the following

``(3) Pass-through requirement.--Each State shall distribute 45 percent of the amount paid to the State under this section for fiscal year 2020 (after the application of paragraph (2)) upon receipt on a pass-through basis, and without requiring any application, to each unit of local government in the State that is not a large unit of local government that received a direct payment under this section in accordance with paragraph (2). The preceding distribution requirement shall not apply to the District of Columbia.''.

(b) Conforming Amendments.--Section 601 of such Act is further amended--

(1) in subsection (b)--

(A) in paragraphs (1) and (2), by inserting ``large'' before ``unit of local government'' each place it appears; and

(B) in paragraph (2)--

(i) in the paragraph heading, by inserting ``large'' before

``units''; and

(ii) by adding at the end the following: ``For purposes of this section, the term `large unit of local government' means a unit of local government, as defined in subsection (g)(2), with a population that exceeds 500,000.'';

(2) in subsection (c)(5)--

(A) in the paragraph heading, by inserting ``large'' before

``unit''; and

(B) by inserting ``large'' before ``unit of local government'' each place it appears;

(3) in subsection (e)--

(A) by inserting ``direct'' before ``payment''; and

(B) by inserting ``large'' before ``unit of local government'' each place it appears; and

(4) in subsection (g)(2)--

(A) in the paragraph heading, by striking ``Local'' and inserting ``Unit of local''; and

(B) by striking ``with a population that exceeds 500,000.''

(c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act

(Public Law 116-136).

______

SA 2587. Mr. WICKER submitted an amendment intended to be proposed to amendment SA 2499 proposed by Mr. McConnell to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RESTAURANT REVITALIZATION FUND.

(a) Short Title.--This section may be cited as the ``Real Economic Support That Acknowledges Unique Restaurant Assistance Needed To Survive Act of 2020'' or the

``RESTAURANTS Act of 2020''.

(b) Definitions.--In this section:

(1) Affiliated business.--The term ``affiliated business'' means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of March 13, 2020.

(2) Covered period.--The term ``covered period'' means the period beginning on February 15, 2020 and ending on December 31, 2020.

(3) Eligible entity.--The term ``eligible entity''--

(A) means a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed facility or premise of a beverage alcohol producer where the public may taste, sample, or purchase products, or other similar place of business in which the public or patrons assemble for the primary purpose of being served food or drink;

(B) includes an entity described in subparagraph (A) that is located in an airport terminal; and

(A) that--

(i) is part of a State or local government facility; or

(ii) as of March 13, 2020, owns or operates (together with any affiliated business) more than 20 locations, regardless of whether those locations do business under the same or multiple names.

(4) Fund.--The term ``Fund'' means the Restaurant Revitalization Fund established under subsection (c).

(5) Payroll costs.--The term ``payroll costs'' has the meaning given the term in section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)).

(6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury.

(1) In general.--There is established in the Treasury of the United States a fund to be known as the Restaurant Revitalization Fund.

(2) Appropriations.--

(A) In general.--There is appropriated to the Fund, out of amounts in the Treasury not otherwise appropriated,

$120,000,000,000, to remain available until December 31, 2020.

(B) Remainder to treasury.--Any amounts remaining in the Fund after December 31, 2020 shall be deposited in the general fund of the Treasury.

(3) Use of funds.--The Secretary shall use amounts in the Fund to make grants described in subsection (d).

(d) Restaurant Revitalization Grants.--

(1) In general.--The Secretary shall award grants to eligible entities in the order in which applications are received by the Secretary.

(2) Registration.--The Secretary shall register each grant awarded under this subsection using the employer identification number of the eligible entity.

(3) Application.--

(A) In general.--An eligible entity desiring a grant under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(B) Certification.--An eligible entity applying for a grant under this subsection shall make a good faith certification--

(i) that the uncertainty of current economic conditions makes necessary the grant request to support the ongoing operations of the eligible entity;

(ii) acknowledging that funds will be used to retain workers and maintain payroll or for other allowable expenses described in paragraph (5);

(iii) that the eligible entity does not have an application pending for a grant under subsection (a)(36) or (b)(2) of section 7 of the Small Business Act (15 U.S.C. 636) for the same purpose and duplicative of amounts applied for or received under this subsection; and

(iv) that, during the covered period, the eligible entity has not received amounts under subsection (a)(36) or (b)(2) of section 7 of the Small Business Act (15 U.S.C. 636) for the same purpose and duplicative of amounts applied for or received under this subsection.

(C) Hold harmless.--An eligible entity applying for a grant under this subsection shall not be ineligible for a grant if the eligible entity is able to document--

(i) an inability to rehire individuals who were employees of the eligible entity on February 15, 2020; and

(ii) an inability to hire similarly qualified employees for unfilled positions on or before December 31, 2020.

(4) Priority in awarding grants.--During the initial 14-day period in which the Secretary awards grants under this subsection, the Secretary shall--

(A) prioritize awarding grants to marginalized and underrepresented communities, with a focus on women, veteran, and minority-owned and operated eligible entities; and

(B) only award grants to eligible entities with annual revenues of less than $1,500,000.

(5) Grant amount.--

(A) Aggregate maximum amount.--The aggregate amount of grants made to an eligible entity and any affiliate businesses of the eligible entity under this subsection shall not exceed $10,000,000.

(B) Determination of grant amount.--

(i) In general.--The amount of a grant made to an eligible entity under this subsection shall be equal to the difference between--

(I) the sum of the revenues or estimated revenues of the eligible entity during each calendar quarter in 2020; and

(II) the sum of such revenues during the same calendar quarter in 2019, if such sum is greater than zero.

(ii) Verification.--An eligible entity shall submit to the Secretary such revenue verification documentation as the Secretary may require to determine the amount of a grant under clause (i).

(iii) Repayment.--Any amount of a grant made under this subsection to an eligible entity based on estimated revenues in a calendar quarter in 2020 that is above the actual revenues of the eligible entity during that calendar quarter shall be converted to a loan that has--

(I) an interest rate of 1 percent; and

(II) a maturity date of 10 years beginning on January 1, 2021.

(C) No duplication of benefits.--An eligible entity that received a loan under section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) may not apply for or use grant amounts under this subsection for the same expenses for which the eligible entity received the loan.

(D) Limitation.--An eligible entity may not receive more than 1 grant under this subsection.

(6) Use of funds.--

(A) In general.--During the covered period, an eligible entity that receives a grant under this subsection may use the grant funds for the following expenses incurred as a direct result of the COVID-19 pandemic:

(i) Payroll costs.

(ii) Payments of principal or interest on any mortgage obligation.

(iii) Rent payments, including rent under a lease agreement.

(iv) Utilities.

(v) Maintenance expenses, including--

(I) construction to accommodate outdoor seating; and

(II) walls, floors, deck surfaces, furniture, fixtures, and equipment.

(vi) Supplies, including protective equipment and cleaning materials, as required by applicable public health departments.

(vii) Food and beverage expenses that are within the scope of the normal business practice of the eligible entity before the covered period.

(viii) Debt obligations to suppliers that were incurred before the covered period.

(ix) Operational expenses.

(x) Any other expenses that the Secretary determines to be essential to maintaining the eligible entity.

(B) Returning funds.--If an eligible entity that receives a grant under this subsection permanently ceases operations on or before December 31, 2020, the eligible entity shall return to the Treasury any funds that the eligible entity did not use for the allowable expenses under subparagraph (A).

(C) Conversion to loan.--Any grant amounts received by an eligible entity under this subsection that are unused after December 31, 2020 shall be immediately converted to a loan with--

(i) an interest rate of 1 percent; and

(ii) a maturity date of 10 years.

(7) Taxability.--For purposes of the Internal Revenue Code of 1986--

(A) the amount of a grant awarded to an eligible entity under this subsection shall be excluded from the gross income of the eligible entity;

(B) no deduction shall be denied or reduced, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income provided by subparagraph (A); and

(C) an eligible entity that receives a grant under this subsection shall not be eligible for the credit described in section 2301 of the CARES Act (Public Law 116-136).

(8) Regulations.--Not later than 15 days after the date of enactment of this Act, the Secretary shall issue regulations to carry out this subsection without regard to the notice and comment requirements under section 553 of title 5, United States Code.

(9) Appropriations for staffing and administrative expenses.--

(A) In general.--There is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated,

$200,000,000, to remain available until December 31, 2020, for staffing and administrative expenses related to administering grants awarded under this subsection.

(B) Set aside.--Of amounts appropriated under subparagraph

(A), $60,000,000 shall be allocated for outreach to traditionally marginalized and underrepresented communities, with a focus on women, veteran, and minority-owned and operated eligible entities, including the creation of a resource center targeted toward these communities.

(e) Emergency Designation.--

(1) In general.--The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).

(2) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.

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SA 2588. Mr. WICKER submitted an amendment intended to be proposed by him to the bill S. 178, to condemn gross human rights violations of ethnic Turkic Muslims in Xinjiang, and calling for an end to arbitrary detention, torture, and harassment of these communities inside and outside China; which was ordered to lie on the table; as follows: