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March 24: Congressional Record publishes “TEXT OF AMENDMENTS” in the Senate section

Politics 14 edited

Volume 167, No. 55, covering the 1st Session of the 117th Congress (2021 - 2022), 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 Marco Rubio was published in the Senate section on pages S1777-S1778 on March 24.

Of the 100 senators in 117th Congress, 24 percent were women, and 76 percent were men, according to the Biographical Directory of the United States Congress.

Senators' salaries are historically higher than the median US income.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1402. Mr. LANKFORD submitted an amendment intended to be proposed by him to the bill H.R. 1799, to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. REVISIONS TO LOAN AMOUNT CALCULATION AND

ELIGIBILITY.

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

(1) the term ``covered loan'' means a loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a));

(2) the term ``eligible applicant'' means a taxpayer that files Internal Revenue Service Form 1040, Schedule C; and

(3) the term ``interim final rule'' means the interim final rule of the Small Business Administration entitled ``Business Loan Program Temporary Changes; Paycheck Protection Program - Revisions to Loan Amount Calculation and Eligibility'', Docket Number SBA-2021-0010.

(b) Calculation of Maximum Loan Amount for Certain Applicants.--

(1) In general.--An eligible applicant applying for a covered loan may calculate the maximum amount of the covered loan using the gross income of the eligible applicant, as reported on the applicable Internal Revenue Service Form 1040, Schedule C filed by the eligible applicant.

(2) Retroactive effect.--Notwithstanding any provision of the interim final rule, paragraph (1) shall apply with respect to any covered loan made to an eligible applicant that is approved on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260).

(c) Recalculation.--

(1) In general.--With respect to a covered loan made to an eligible applicant that was approved during the period beginning on the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260) and ending on the day before the date of enactment of this Act, the eligible applicant may submit to the lender with respect to the covered loan a request to recalculate the amount of the covered loan based on the application of this section.

(2) Supplemental payments.--If, after receiving a request from an eligible applicant under paragraph (1), the applicable lender determines that the amount of the applicable covered loan, because of the application of this section, would be greater than the amount of the covered loan originally made to the eligible applicant, the lender shall provide to the eligible applicant a payment that is equal to the difference between the amount of the covered loan originally made to the eligible applicant and the amount of the covered loan based on the application of this section.

______

SA 1403. Mr. MARSHALL (for himself and Ms. Ernst) submitted an amendment intended to be proposed by him to the bill H.R. 1799, to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PARTNERSHIP PAYCHECK PROTECTION PROGRAM LOAN

CALCULATION AS FARMER OR RANCHER.

(a) In General.--Section 7(a)(36)(V)(i)(I) of the Small Business Act (15 U.S.C. 636(a)(36)(V)(i)(I)) is amended by inserting ``is a partnership,'' after ``independent contractor,''.

(b) Effective Date; Applicability.--

(1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall be effective as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of this Act, including forgiveness of such a loan.

(2) Exclusion of loans already forgiven.--The amendments made by subsection (a) shall not apply to a loan made pursuant to section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) for which the borrower received forgiveness before the date of enactment of this Act under section 1106 of the CARES Act (15 U.S.C. 9005).

______

SA 1404. Mr. RISCH submitted an amendment intended to be proposed by him to the bill H.R. 1799, to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. INELIGIBILITY OF CERTAIN NONPROFIT ORGANIZATIONS

UNDER THE PAYCHECK PROTECTION PROGRAM.

Clause (xvii)(I) of section 7(a)(36)(A) of the Small Business Act (15 U.S.C. 636(a)(36)(A)), as added by section 5001(a)(1)(A)(iii) of Public Law 117-2, is amended by inserting ``(5) (if the organization is subject to reporting requirements under the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401 et seq.)),'' after

``(4),''.

______

SA 1405. Mr. RUBIO (for himself, Mr. Kennedy, Mr. Marshall, Mrs. Capito, Mr. Cramer, Mr. Braun, Mr. Lankford, Mr. Barrasso, Mr. Risch, and Mr. Scott of South Carolina) submitted an amendment intended to be proposed by him to the bill H.R. 1799, to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes; which was ordered to lie on the table; as follows:

On page 2, between lines 15 and 16, insert the following:

(d) Limitation on Prioritization.--During the period beginning on the date of enactment of this Act and ending on the last day of the covered period, as defined in section 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(A)(iii)), as amended by this Act, the Administrator of the Small Business Administration may not establish or enforce any priority for processing lender applications under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), except for any priority reasonably necessary to carry out the set-asides established under section 323(d) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116-260).

______

SA 1406. Mr. MARSHALL (for himself, Mr. Risch, Mr. Daines, Mr. Lankford, Mr. Rubio, and Ms. Ernst) submitted an amendment intended to be proposed by him to the bill H.R. 1799, to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LIMITATION.

(a) In General.--Section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended by adding at the end the following:

``(x) Prohibition on covered loans for planned parenthood.--Planned Parenthood Federation of America, Inc. and any affiliate or clinic of Planned Parenthood Federation of America, Inc. shall not be eligible to receive a covered loan.''.

(b) Second Draw Loans.--Section 7(a)(37)(A)(iv)(III) of the Small Business Act (15 U.S.C. 636(a)(37)(A)(iv)(III)) is amended--

(1) in item (aa), by striking ``or'' at the end;

(2) in item (dd), by striking ``or'' at the end;

(3) in item (ee), by striking ``and'' at the end and inserting ``or''; and

(4) by adding at the end the following:

``(ff) Planned Parenthood Federation of America, Inc. and any affiliate or clinic of Planned Parenthood Federation of America, Inc.; and''.

(c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the CARES Act (Public Law 116-136).

______

SA 1407. Mr. MURPHY (for Mr. Durbin) proposed an amendment to the bill H.R. 1651, to amend the CARES Act to extend the sunset for the definition of a small business debtor, and for other purposes; as follows:

Strike section 2(c).

______

SA 1408. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill H.R. 1799, to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PPP AND SECOND DRAW LOANS FOR BUSINESSES THAT

EXPERIENCED EXTREME HARDSHIP.

(a) PPP.--Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is amended--

(1) in subparagraph (E), in the matter preceding clause

(i), by striking ``subparagraph (V)'' and inserting

``subparagraphs (V) and (W)''; and

(2) by adding at the end the following:

``(W) Calculation of maximum loan amount for businesses that experienced extreme hardship.--

``(i) Definition.--In this subparagraph, the term `extreme hardship' means, with respect to an eligible recipient applying for assistance under this paragraph--

``(I) except as provided in subclauses (II), (III), and

(IV), that the eligible recipient had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter in 2020 that demonstrate not less than a 75 percent reduction from the gross receipts of the eligible recipient during the same quarter in 2019;

``(II) if the eligible recipient was not in business during the first or second quarter of 2019, but was in business during the third and fourth quarter of 2019, that the eligible recipient had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter of 2020 that demonstrate not less than a 75 percent reduction from the gross receipts of the eligible recipient during the third or fourth quarter of 2019;

``(III) if the eligible recipient was not in business during the first, second, or third quarter of 2019, but was in business during the fourth quarter of 2019, that the eligible recipient had gross receipts during the first, second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter of 2020 that demonstrate not less than a 75 percent reduction from the gross receipts of the eligible recipient during the fourth quarter of 2019; or

``(IV) if the eligible recipient was not in business during 2019, but was in operation on February 15, 2020, that the eligible recipient had gross receipts during the second, third, or, only with respect to an application submitted on or after January 1, 2021, fourth quarter of 2020 that demonstrate not less than a 75 percent reduction from the gross receipts of the eligible recipient during the first quarter of 2020.

``(ii) Maximum loan amount.--In calculating the maximum covered loan amount under subparagraph (E) with respect to an eligible recipient that experienced extreme hardship, subclauses (I)(aa)(BB) and (II)(aa)(BB), as applicable, of subparagraph (E)(i) shall be applied by substituting `3.5' for `2.5'.''.

(b) Second Draw.--Section 7(a)(37) of the Small Business Act (15 U.S.C. 636(a)(37)) is amended--

(1) in subparagraph (A)(i), by inserting `` `extreme hardship,' '' after `` `eligible self-employed individual,'

''; and

(2) in subparagraph (C), by adding at the end the following:

``(v) Extreme hardship.--In calculating the maximum loan amount under clause (i), (ii), or (iii) with respect to an eligible entity that experienced extreme hardship, clause

(i)(I)(bb), (ii)(I)(bb), and (iii)(I)(bb), as applicable, shall be applied by substituting `3.5' for `2.5'.''.

(c) Covered Period for Loan Forgiveness for Second Draw Loans.--Section 7(a)(37)(J)(i) of the Small Business Act (15 U.S.C. 636(a)(37)(J)(i)) is amended to read as follows:

``(i) Definition of covered period.--In this subparagraph, the term `covered period' means the period--

``(I) beginning on the date of the origination of a covered loan; and

``(II) ending on a date selected by the eligible recipient of the covered loan that occurs during the period--

``(aa) beginning on the date that is 8 weeks after such date of origination; and

``(bb) ending on the date that is 52 weeks after such date of origination.''.

(d) Applicability.--The amendments made by this section shall apply--

(1) for the amendments made by subsections (a) and (b), with respect to an applicant for a loan under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)(37)) before, on, or after the date of enactment of this Act; and

(2) for the amendment made by subsection (c), with respect to an applicant for loan forgiveness under section 7(a)(37)(J) of that Act (15 U.S.C. 636(a)(37)(J)) that has not yet received the loan forgiveness.

____________________

SOURCE: Congressional Record Vol. 167, No. 55

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