[Congressional Record Volume 166, Number 137 (Monday, August 3, 2020)]
[Senate]
[Pages S4670-S4676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2504. 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 end, add the following:
SEC. 3. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.
(a) In General.--Subchapter B of chapter 65 of the Internal
Revenue Code of 1986 is amended by inserting after section
6428 the following new section:
``SEC. 6428A. ADDITIONAL 2020 RECOVERY REBATES FOR
INDIVIDUALS.
``(a) In General.--In addition to the credit allowed under
section 6428, in the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by
subtitle A for the first taxable year beginning in 2020 an
amount equal to the sum of--
``(1) $1,200 ($2,400 in the case of eligible individuals
filing a joint return), plus
``(2) an amount equal to the product of $500 multiplied by
the number of dependents (as defined in section 152(a)) of
the taxpayer.
``(b) Treatment of Credit.--The credit allowed by
subsection (a) shall be treated as allowed by subpart C of
part IV of subchapter A of chapter 1.
``(c) Limitation Based on Adjusted Gross Income.--The
amount of the credit allowed by subsection (a) (determined
without regard to this subsection and subsection (e)) shall
be reduced (but not below zero) by 5 percent of so much of
the taxpayer's adjusted gross income as exceeds--
``(1) $150,000 in the case of a joint return,
``(2) $112,500 in the case of a head of household, and
``(3) $75,000 in the case of a taxpayer not described in
paragraph (1) or (2).
``(d) Eligible Individual.--
``(1) In general.--For purposes of this section, the term
`eligible individual' means any individual who is not
described in paragraph (2) and who was not deceased prior to
January 1, 2020.
``(2) Exceptions.--An individual is described in this
paragraph if such individual is--
``(A) a nonresident alien individual,
``(B) an individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual's
taxable year begins, or
``(C) an estate or trust.
``(e) Coordination With Advance Refunds of Credit.--
``(1) In general.--The amount of credit which would (but
for this paragraph) be allowable under this section shall be
reduced (but not below zero) by the aggregate refunds and
credits made or allowed to the taxpayer under subsection (f).
Any failure to so reduce the credit shall be treated as
arising out of a mathematical or clerical error and assessed
according to section 6213(b)(1).
``(2) Joint returns.--In the case of a refund or credit
made or allowed under subsection (f) with respect to a joint
return, half of such refund or credit shall be treated as
having been made or allowed to each individual filing such
return.
``(f) Advance Refunds and Credits.--
``(1) In general.--Subject to paragraph (5), each
individual who was an eligible individual for such
individual's first taxable year beginning in 2019 shall be
treated as having made a payment against the tax imposed by
chapter 1 for such taxable year in an amount equal to the
advance refund amount for such taxable year.
``(2) Advance refund amount.--For purposes of paragraph
(1), the advance refund amount is the amount that would have
been allowed as a credit under this section for such taxable
year if this section (other than subsection (e) and this
subsection) had applied to such taxable year.
``(3) Timing and manner of payments.--
``(A) Timing.--The Secretary shall, subject to the
provisions of this title, refund or credit any overpayment
attributable to this section as rapidly as possible. No
refund or credit shall be made or allowed under this
subsection after December 31, 2020.
``(B) Delivery of payments.--Notwithstanding any other
provision of law, the Secretary may certify and disburse
refunds payable under this subsection electronically to--
``(i) any account to which the payee received or
authorized, on or after January 1, 2018, a refund of taxes
under this title or of
[[Page S4671]]
a Federal payment (as defined in section 3332 of title 31,
United States Code),
``(ii) any account belonging to a payee from which that
individual, on or after January 1, 2018, made a payment of
taxes under this title, or
``(iii) any Treasury-sponsored account (as defined in
section 208.2 of title 31, Code of Federal Regulations).
``(C) Waiver of certain rules.--Notwithstanding section
3325 of title 31, United States Code, or any other provision
of law, with respect to any payment of a refund under this
subsection, a disbursing official in the executive branch of
the United States Government may modify payment information
received from an officer or employee described in section
3325(a)(1)(B) of such title for the purpose of facilitating
the accurate and efficient delivery of such payment. Except
in cases of fraud or reckless neglect, no liability under
sections 3325, 3527, 3528, or 3529 of title 31, United States
Code, shall be imposed with respect to payments made under
this subparagraph.
``(4) No interest.--No interest shall be allowed on any
overpayment attributable to this section.
``(5) Application to certain individuals who do not file a
return of tax for 2019.--
``(A) In general.--In the case of an individual who, at the
time of any determination made pursuant to paragraph (3), has
not filed a tax return for the year described in paragraph
(1), the Secretary may--
``(i) apply such paragraph by substituting `2018' for
`2019',
``(ii) use information with respect to such individual for
calendar year 2019 provided in--
``(I) Form SSA-1099, Social Security Benefit Statement, or
``(II) Form RRB-1099, Social Security Equivalent Benefit
Statement, or
``(iii) use information with respect to such individual
which is provided by--
``(I) in the case of a specified social security
beneficiary or a specified supplemental security income
recipient, the Commissioner of Social Security,
``(II) in the case of a specified railroad retirement
beneficiary, the Railroad Retirement Board, and
``(III) in the case of a specified veterans beneficiary,
the Secretary of Veterans Affairs (in coordination with, and
with the assistance of, the Commissioner of Social Security
if appropriate).
``(B) Specified individual.--For purposes of this
paragraph, the term `specified individual' means any
individual who is--
``(i) a specified social security beneficiary,
``(ii) a specified supplemental security income recipient,
``(iii) a specified railroad retirement beneficiary, or
``(iv) a specified veterans beneficiary.
``(C) Specified social security beneficiary.--For purposes
of this paragraph, the term `specified social security
beneficiary' means any individual who, for the last month
that ends prior to the date of enactment of this section, is
entitled to any monthly insurance benefit payable under title
II of the Social Security Act (42 U.S.C. 401 et seq.),
including payments made pursuant to sections 202(d), 223(g),
and 223(i)(7) of such Act.
``(D) Specified supplemental security income recipient.--
For purposes of this paragraph, the term `specified
supplemental security income recipient' means any individual
who, for the last month that ends prior to the date of
enactment of this section, is eligible for a monthly benefit
payable under title XVI of the Social Security Act (42 U.S.C.
1381 et seq.) (other than a benefit to an individual
described in section 1611(e)(1)(B) of such Act (42 U.S.C.
1382(e)(1)(B)), including--
``(i) payments made pursuant to section 1614(a)(3)(C) of
such Act (42 U.S.C. 1382c(a)(3)(C)),
``(ii) payments made pursuant to section 1619(a) (42 U.S.C.
1382h(a)) or subsections (a)(4), (a)(7), or (p)(7) of section
1631 (42 U.S.C. 1383) of such Act, and
``(iii) State supplementary payments of the type referred
to in section 1616(a) of such Act (42 U.S.C. 1382e(a)) (or
payments of the type described in section 212(a) of Public
Law 93-66) which are paid by the Commissioner under an
agreement referred to in such section 1616(a) (or section
212(a) of Public Law 93-66).
``(E) Specified railroad retirement beneficiary.--For
purposes of this paragraph, the term `specified railroad
retirement beneficiary' means any individual who, for the
last month that ends prior to the date of enactment of this
section, is entitled to a monthly annuity or pension payment
payable (without regard to section 5(a)(ii) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under--
``(i) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)),
``(ii) section 2(c) of such Act (45 U.S.C. 231a(c)),
``(iii) section 2(d)(1) of such Act (45 U.S.C. 231a(d)(1)),
or
``(iv) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2))
with respect to any of the benefit payments described in
subparagraph (C).
``(F) Specified veterans beneficiary.--For purposes of this
paragraph, the term `specified veterans beneficiary' means
any individual who, for the last month that ends prior to the
date of enactment of this section, is entitled to a
compensation or pension payment payable under--
``(i) section 1110, 1117, 1121, 1131, 1141, or 1151 of
title 38, United States Code,
``(ii) section 1310, 1312, 1313, 1315, 1316, or 1318 of
title 38, United States Code,
``(iii) section 1513, 1521, 1533, 1536, 1537, 1541, 1542,
or 1562 of title 38, United States Code, or
``(iv) section 1805, 1815, or 1821 of title 38, United
States Code,
to a veteran, surviving spouse, child, or parent as described
in paragraph (2), (3), (4)(A)(ii), or (5) of section 101,
title 38, United States Code.
``(G) Subsequent determinations and redeterminations not
taken into account.--For purposes of this section, any
individual's status as a specified social security
beneficiary, a specified supplemental security income
recipient, a specified railroad retirement beneficiary, or a
specified veterans beneficiary shall be unaffected by any
determination or redetermination of any entitlement to, or
eligibility for, any benefit, payment, or compensation, if
such determination or redetermination occurs after the last
month that ends prior to the date of enactment of this
section.
``(H) Payment to representative payees and fiduciaries.--
``(i) In general.--If the benefit, payment, or compensation
referred to in subparagraph (C), (D), (E), or (F) with
respect to any specified individual is paid to a
representative payee or fiduciary, payment by the Secretary
under paragraph (3) with respect to such specified individual
shall be made to such individual's representative payee or
fiduciary and the entire payment shall be used only for the
benefit of the individual who is entitled to the payment.
``(ii) Application of enforcement provisions.--
``(I) In the case of a payment described in clause (i)
which is made with respect to a specified social security
beneficiary or a specified supplemental security income
recipient, section 1129(a)(3) of the Social Security Act (42
U.S.C. 1320a-8(a)(3)) shall apply to such payment in the same
manner as such section applies to a payment under title II or
XVI of such Act.
``(II) In the case of a payment described in clause (i)
which is made with respect to a specified railroad retirement
beneficiary, section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to such payment in the same manner
as such section applies to a payment under such Act.
``(III) In the case of a payment described in clause (i)
which is made with respect to a specified veterans
beneficiary, sections 5502, 6106, and 6108 of title 38,
United States Code, shall apply to such payment in the same
manner as such sections apply to a payment under such title.
``(6) Notice to individuals.--Not later than 15 days after
the date on which the Secretary distributed any payment to an
eligible individual pursuant to this subsection, notice shall
be sent by mail to such individual's last known address. Such
notice shall indicate the method by which such payment was
made, the amount of such payment, and a phone number for the
appropriate point of contact at the Internal Revenue Service
to report any failure to receive such payment.
``(g) Identification Number Requirement.--
``(1) In general.--No credit shall be allowed under
subsection (a) to an eligible individual who does not include
on the return of tax for the taxable year--
``(A) such individual's valid identification number,
``(B) in the case of a joint return, the valid
identification number of such individual's spouse, and
``(C) in the case of any dependent taken into account under
subsection (a)(2), the valid identification number of such
dependent.
``(2) Valid identification number.--
``(A) In general.--For purposes of paragraph (1), the term
`valid identification number' means a social security number
(as such term is defined in section 24(h)(7)).
``(B) Adoption taxpayer identification number.--For
purposes of paragraph (1)(C), in the case of a dependent who
is adopted or placed for adoption, the term `valid
identification number' shall include the adoption taxpayer
identification number of such dependent.
``(3) Special rule for members of the armed forces.--
Paragraph (1)(B) shall not apply in the case where at least 1
spouse was a member of the Armed Forces of the United States
at any time during the taxable year and at least 1 spouse
satisfies paragraph (1)(A).
``(4) Mathematical or clerical error authority.--Any
omission of a correct valid identification number required
under this subsection shall be treated as a mathematical or
clerical error for purposes of applying section 6213(g)(2) to
such omission.
``(h) Special Rules With Respect to Prisoners.--
``(1) Disallowance of credit.--
``(A) In general.--Subject to subparagraph (B), no credit
shall be allowed under subsection (a) to an eligible
individual who is, for each day during calendar year 2020,
described in clause (i), (ii), (iii), (iv), or (v) of section
202(x)(1)(A) of the Social Security Act (42 U.S.C.
402(x)(1)(A)).
``(B) Joint return.--In the case of eligible individuals
filing a joint return where 1 spouse is described in
subparagraph (A), subsection (a)(1) shall be applied by
substituting `$1,200' for `$2,400'.
[[Page S4672]]
``(2) Denial of advance refund or credit.--No refund or
credit shall be made or allowed under subsection (f) with
respect to any individual whom the Secretary has knowledge
is, at the time of any determination made pursuant to
paragraph (3) of such subsection, described in clause (i),
(ii), (iii), (iv), or (v) of section 202(x)(1)(A) of the
Social Security Act.
``(i) Regulations.--The Secretary shall prescribe such
regulations or other guidance as may be necessary to carry
out the purposes of this section, including any such measures
as are deemed appropriate to avoid allowing multiple credits
or rebates to a taxpayer.''.
(b) Definition of Deficiency.--Section 6211(b)(4)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and
6428'' and inserting ``6428, and 6428A''.
(c) Treatment of Possessions.--Rules similar to the rules
of subsection (c) of section 2201 of the CARES Act (Public
Law 116-136) shall apply for purposes of this section.
(d) Exception From Reduction or Offset.--
(1) In general.--Any credit or refund allowed or made to
any individual by reason of section 6428A of the Internal
Revenue Code of 1986 (as added by this section) or by reason
of subsection (c) of this section shall not be--
(A) subject to reduction or offset pursuant to section 3716
or 3720A of title 31, United States Code,
(B) subject to reduction or offset pursuant to subsection
(d), (e), or (f) of section 6402 of the Internal Revenue Code
of 1986, or
(C) reduced or offset by other assessed Federal taxes that
would otherwise be subject to levy or collection.
(2) Assignment of benefits.--
(A) In general.--The right of any person to any applicable
payment shall not be transferable or assignable, at law or in
equity, and no applicable payment shall be subject to,
execution, levy, attachment, garnishment, or other legal
process, or the operation of any bankruptcy or insolvency
law.
(B) Encoding of payments.--In the case of an applicable
payment described in subparagraph (D)(iii)(I) that is paid
electronically by direct deposit through the Automated
Clearing House (ACH) network, the Secretary of the Treasury
(or the Secretary's delegate) shall--
(i) issue the payment using a unique identifier that is
reasonably sufficient to allow a financial institution to
identify the payment as an applicable payment, and
(ii) further encode the payment pursuant to the same
specifications as required for a benefit payment defined in
section 212.3 of title 31, Code of Federal Regulations.
(C) Garnishment.--
(i) Encoded payments.--In the case of a garnishment order
that applies to an account that has received an applicable
payment that is encoded as provided in subparagraph (B), a
financial institution shall follow the requirements and
procedures set forth in part 212 of title 31, Code of Federal
Regulations, except a financial institution shall not, with
regard to any applicable payment, be required to provide the
notice referenced in sections 212.6 and 212.7 of title 31,
Code of Federal Regulations. This paragraph shall not alter
the status of applicable payments as tax refunds or other
nonbenefit payments for purpose of any reclamation rights of
the Department of the Treasury or the Internal Revenue
Service as per part 210 of title 31 of the Code of Federal
Regulations.
(ii) Other payments.--If a financial institution receives a
garnishment order, other than an order that has been served
by the United States or an order that has been served by a
Federal, State, or local child support enforcement agency,
that has been received by a financial institution and that
applies to an account into which an applicable payment that
has not been encoded as provided in subparagraph (B) has been
deposited electronically or by an applicable payment that has
been deposited by check on any date in the lookback period,
the financial institution, upon the request of the account
holder, shall treat the amount of the funds in the account at
the time of the request, up to the amount of the applicable
payment (in addition to any amounts otherwise protected under
part 212 of title 31, Code of Federal Regulations), as exempt
from a garnishment order without requiring the consent of the
party serving the garnishment order or the judgment creditor.
(iii) Liability.--A financial institution that acts in good
faith in reliance on clauses (i) or (ii) shall not be subject
to liability or regulatory action under any Federal or State
law, regulation, court or other order, or regulatory
interpretation for actions concerning any applicable
payments.
(D) Definitions.--For purposes of this paragraph--
(i) Account holder.--The term ``account holder'' means a
natural person whose name appears in a financial
institution's records as the direct or beneficial owner of an
account.
(ii) Account review.--The term ``account review'' means the
process of examining deposits in an account to determine if
an applicable payment has been deposited into the account
during the lookback period. The financial institution shall
perform the account review following the procedures outlined
in section 212.5 of title 31, Code of Federal Regulations and
in accordance with the requirements of section 212.6 of title
31, Code of Federal Regulations.
(iii) Applicable payment.--The term ``applicable payment''
means--
(I) any advance refund amount paid pursuant to subsection
(f) of section 6428A of the Internal Revenue Code of 1986 (as
so added),
(II) any payment made by a possession of the United States
with a mirror code tax system (as defined in subsection (c)
of section 2201 of the CARES Act (Public Law 116-136))
pursuant to such subsection which corresponds to a payment
described in subclause (I), and
(III) any payment made by a possession of the United States
without a mirror code tax system (as so defined) pursuant to
section 2201(c) of such Act.
(iv) Garnishment.--The term ``garnishment'' means
execution, levy, attachment, garnishment, or other legal
process.
(v) Garnishment order.--The term ``garnishment order''
means a writ, order, notice, summons, judgment, levy, or
similar written instruction issued by a court, a State or
State agency, a municipality or municipal corporation, or a
State child support enforcement agency, including a lien
arising by operation of law for overdue child support or an
order to freeze the assets in an account, to effect a
garnishment against a debtor.
(vi) Lookback period.--The term ``lookback period'' means
the two month period that begins on the date preceding the
date of account review and ends on the corresponding date of
the month two months earlier, or on the last date of the
month two months earlier if the corresponding date does not
exist.
(e) Public Awareness Campaign.--The Secretary of the
Treasury (or the Secretary's delegate) shall conduct a public
awareness campaign, in coordination with the Commissioner of
Social Security and the heads of other relevant Federal
agencies, to provide information regarding the availability
of the credit and rebate allowed under section 6428A of the
Internal Revenue Code of 1986 (as added by this section),
including information with respect to individuals who may not
have filed a tax return for taxable year 2018 or 2019.
(f) Appropriations To Carry Out Rebates.--
(1) In general.--Immediately upon the enactment of this
Act, the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2020:
(A) Department of the treasury.--
(i) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Taxpayer Services'',
$29,027,000, to remain available until September 30, 2021.
(ii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Operations Support'',
$236,548,000, to remain available until September 30, 2021.
(iii) For an additional amount for ``Department of the
Treasury--Internal Revenue Service--Enforcement'',
$54,425,000, to remain available until September 30, 2021.
Amounts made available in appropriations under this
subparagraph may be transferred between such appropriations
upon the advance notification of the Committees on
Appropriations of the House of Representatives and the
Senate. Such transfer authority is in addition to any other
transfer authority provided by law.
(B) Social security administration.--For an additional
amount for ``Social Security Administration--Limitation on
Administrative Expenses'', $38,000,000, to remain available
until September 30, 2021.
(2) Reports.--No later than 15 days after enactment of this
Act, the Secretary of the Treasury shall submit a plan to the
Committees on Appropriations of the House of Representatives
and the Senate detailing the expected use of the funds
provided by paragraph (1)(A). Beginning 90 days after
enactment of this Act, the Secretary of the Treasury shall
submit a quarterly report to the Committees on Appropriations
of the House of Representatives and the Senate detailing the
actual expenditure of funds provided by paragraph (1)(A) and
the expected expenditure of such funds in the subsequent
quarter.
(g) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``6428A,'' after
``6428,''.
(2) The table of sections for subchapter B of chapter 65 of
the Internal Revenue Code of 1986 is amended by inserting
after the item relating to section 6428 the following:
``Sec. 6428A. Additional 2020 Recovery Rebates for individuals.''.
SEC. 4. MODIFICATIONS TO RECOVERY REBATES MADE UNDER THE
CARES ACT.
(a) Prohibition on Payments to Deceased Individuals.--
Subsection (d) of section 6428 of the Internal Revenue Code
of 1986 is amended to read as follows:
``(d) Eligible Individual.--
``(1) In general.--For purposes of this section, the term
`eligible individual' means any individual who is not
described in paragraph (2) and who was not deceased prior to
January 1, 2020.
``(2) Exceptions.--An individual is described in this
paragraph if such individual is--
``(A) a nonresident alien individual,
``(B) an individual with respect to whom a deduction under
section 151 is allowable to another taxpayer for a taxable
year beginning in the calendar year in which the individual's
taxable year begins, or
``(C) an estate or trust.''.
(b) Prohibition on Payments to Prisoners.--Section 6428 of
the Internal Revenue Code of 1986 is amended--
(1) by redesignating subsection (h) as subsection (i), and
[[Page S4673]]
(2) by inserting after subsection (g) the following new
subsection:
``(h) Special Rules With Respect to Prisoners.--
``(1) Disallowance of credit.--
``(A) In general.--Subject to subparagraph (B), no credit
shall be allowed under subsection (a) to an eligible
individual who, for each day during calendar year 2020, is
described in clause (i), (ii), (iii), (iv), or (v) of section
202(x)(1)(A) of the Social Security Act (42 U.S.C.
402(x)(1)(A)).
``(B) Joint return.--In the case of eligible individuals
filing a joint return where 1 spouse is described in
subparagraph (A), subsection (a)(1) shall be applied by
substituting `$1,200' for `$2,400'.
``(2) Denial of advance refund or credit.--No refund or
credit shall be made or allowed under subsection (f) with
respect to any individual whom the Secretary has knowledge
is, at the time of any determination made pursuant to
paragraph (3) of such subsection, described in clause (i),
(ii), (iii), (iv), or (v) of section 202(x)(1)(A) of the
Social Security Act.''.
(c) Protection of Recovery Rebates.--Subsection (d) of
section 2201 of the CARES Act (Public Law 116-136) is
amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), and by moving such
subparagraphs 2 ems to the right,
(2) by striking ``Reduction or Offset.--Any credit'' and
inserting ``Reduction, Offset, Garnishment, etc.--
``(1) In general.--Any credit'', and
(3) by adding at the end the following new paragraphs:
``(2) Assignment of benefits.--
``(A) In general.--The right of any person to any
applicable payment shall not be transferable or assignable,
at law or in equity, and no applicable payment shall be
subject to, execution, levy, attachment, garnishment, or
other legal process, or the operation of any bankruptcy or
insolvency law.
``(B) Encoding of payments.--As soon as practicable, but
not earlier than 10 days after the date of the enactment of
this paragraph, in the case of an applicable payment
described in subparagraph (D)(iii)(I) that is paid
electronically by direct deposit through the Automated
Clearing House (ACH) network, the Secretary of the Treasury
(or the Secretary's delegate) shall--
``(i) issue the payment using a unique identifier that is
reasonably sufficient to allow a financial institution to
identify the payment as an applicable payment, and
``(ii) further encode the payment pursuant to the same
specifications as required for a benefit payment defined in
section 212.3 of title 31, Code of Federal Regulations.
``(C) Garnishment.--
``(i) Encoded payments.--In the case of a garnishment order
received after the date that is 10 days after the date of the
enactment of this paragraph and that applies to an account
that has received an applicable payment that is encoded as
provided in subparagraph (B), a financial institution shall
follow the requirements and procedures set forth in part 212
of title 31, Code of Federal Regulations, except a financial
institution shall not, with regard to any applicable payment,
be required to provide the notice referenced in sections
212.6 and 212.7 of title 31, Code of Federal Regulations.
This paragraph shall not alter the status of applicable
payments as tax refunds or other nonbenefit payments for
purpose of any reclamation rights of the Department of the
Treasury or the Internal Revenue Service as per part 210 of
title 31 of the Code of Federal Regulations.
``(ii) Other payments.--If a financial institution receives
a garnishment order, other than an order that has been served
by the United States or an order that has been served by a
Federal, State, or local child support enforcement agency,
that has been received by a financial institution after the
date that is 10 days after the date of the enactment of this
paragraph and that applies to an account into which an
applicable payment that has not been encoded as provided in
subparagraph (B) has been deposited electronically or by an
applicable payment that has been deposited by check on any
date in the lookback period, the financial institution, upon
the request of the account holder, shall treat the amount of
the funds in the account at the time of the request, up to
the amount of the applicable payment (in addition to any
amounts otherwise protected under part 212 of title 31, Code
of Federal Regulations), as exempt from a garnishment order
without requiring the consent of the party serving the
garnishment order or the judgment creditor.
``(iii) Liability.--A financial institution that acts in
good faith in reliance on clauses (i) or (ii) shall not be
subject to liability or regulatory action under any Federal
or State law, regulation, court or other order, or regulatory
interpretation for actions concerning any applicable
payments.
``(D) Definitions.--For purposes of this paragraph--
``(i) Account holder.--The term `account holder' means a
natural person whose name appears in a financial
institution's records as the direct or beneficial owner of an
account.
``(ii) Account review.--The term `account review' means the
process of examining deposits in an account to determine if
an applicable payment has been deposited into the account
during the lookback period. The financial institution shall
perform the account review following the procedures outlined
in section 212.5 of title 31, Code of Federal Regulations and
in accordance with the requirements of section 212.6 of title
31, Code of Federal Regulations.
``(iii) Applicable payment.--The term `applicable payment'
means--
``(I) any advance refund amount paid pursuant to subsection
(f) of section 6428 of the Internal Revenue Code of 1986,
``(II) any payment made by a possession of the United
States with a mirror code tax system (as defined in
subsection (c)) pursuant to such subsection which corresponds
to a payment described in subclause (I), and
``(III) any payment made by a possession of the United
States without a mirror code tax system (as so defined)
pursuant to subsection (c).
``(iv) Garnishment.--The term `garnishment' means
execution, levy, attachment, garnishment, or other legal
process.
``(v) Garnishment order.--The term `garnishment order'
means a writ, order, notice, summons, judgment, levy, or
similar written instruction issued by a court, a State or
State agency, a municipality or municipal corporation, or a
State child support enforcement agency, including a lien
arising by operation of law for overdue child support or an
order to freeze the assets in an account, to effect a
garnishment against a debtor.
``(vi) Lookback period.--The term `lookback period' means
the two month period that begins on the date preceding the
date of account review and ends on the corresponding date of
the month two months earlier, or on the last date of the
month two months earlier if the corresponding date does not
exist.''.
(d) Effective Dates.--
(1) Prohibitions.--The amendments made by subsections (a)
and (b) shall take effect as if included in section 2201 of
the CARES Act.
(2) Protection.--The amendments made by subsection (c)
shall take effect on the date of the enactment of this Act.
SEC. 5. ENHANCED EMPLOYEE HIRING AND RETENTION PAYROLL TAX
CREDIT.
(a) Increase in Credit Percentage.--Section 2301(a) of the
CARES Act is amended by striking ``50 percent'' and inserting
``65 percent''.
(b) Increase in Per Employee Limitation.--Section
2301(b)(1) of the CARES Act is amended by striking ``for all
calendar quarters shall not exceed $10,000.'' and inserting
``shall not exceed--
``(A) $10,000 in any calendar quarter, and
``(B) $30,000 in the aggregate for all calendar
quarters.''.
(c) Modifications to Definition of Eligible Employer.--
(1) Decrease of reduction in gross receipts necessary to
qualify as eligible employer.--Section 2301(c)(2)(B)(i) of
the CARES Act (Public Law 116-136) is amended by striking
``50 percent'' and inserting ``75 percent''.
(2) Election to determine gross receipts test based on
prior quarter.--Section 2301(c)(2) of the CARES Act is
amended by redesignating subparagraph (C) as subparagraph (D)
and by inserting after subparagraph (B) the following new
subparagraph:
``(C) Election to use alternative quarter.--At the election
of an employer who was not an eligible employer for the
calendar quarter ending on June 30, 2020, subparagraph (B)(i)
shall be applied--
``(i) by substituting `for the prior calendar quarter' for
`for the calendar quarter', and
``(ii) by substituting `the corresponding calendar quarter
in the prior year' for `the same calendar quarter in the
prior year'.
An election under this subparagraph shall be made at such
time and in such manner as the Secretary shall prescribe.''.
(d) Gross Receipts of Tax-Exempt Organizations.--Section
2301(c)(2)(D) of the CARES Act (as redesignated by subsection
(c)(2)) is amended--
(1) by striking ``of such Code, clauses (i) and (ii)(I)''
and inserting ``of such Code--
``(i) clauses (i) and (ii)(I)'',
(2) by striking the period at the end and inserting ``,
and'', and
(3) by adding at the end the following new clause:
``(ii) any reference in this section to gross receipts
shall be treated as a reference to gross receipts within the
meaning of section 6033 of such Code.''.
(e) Modification of Determination of Qualified Wages.--
(1) Modification of threshold for treatment as a large
employer.--Section 2301(c)(3)(A) of the CARES Act is amended
by striking ``100'' each place it appears in clauses (i) and
(ii) and inserting ``500''.
(2) Elimination of limitation.--Section 2301(c)(3) of the
CARES Act is amended--
(A) by striking subparagraph (B), and
(B) by striking ``Such term'' in the second sentence of
subparagraph (A) and inserting the following:
``(B) Exception.--The term `qualified wages' ''.
(3) Modification of treatment of health plan expenses.--
Section 2301(c) of the CARES Act is amended--
(A) by striking subparagraph (C) of paragraph (3), and
(B) by striking paragraph (5) and inserting the following:
``(5) Wages.--
``(A) In general.--The term `wages' means wages (as defined
in section 3121(a) of the Internal Revenue Code of 1986) and
compensation (as defined in section 3231(e) of such Code).
``(B) Allowance for certain health plan expenses.--
``(i) In general.--Such term shall include amounts paid or
incurred by the eligible employer to provide and maintain a
group
[[Page S4674]]
health plan (as defined in section 5000(b)(1) of the Internal
Revenue Code of 1986), but only to the extent that such
amounts are excluded from the gross income of employees by
reason of section 106(a) of such Code.
``(ii) Allocation rules.--For purposes of this section,
amounts treated as wages under clause (i) shall be treated as
paid with respect to any employee (and with respect to any
period) to the extent that such amounts are properly
allocable to such employee (and to such period) in such
manner as the Secretary may prescribe. Except as otherwise
provided by the Secretary, such allocation shall be treated
as properly made if made on the basis of being pro rata among
periods of coverage.''.
(f) Improved Coordination With Paycheck Protection
Program.--
(1) Amendment to paycheck protection program.--Section
1106(a)(8) of the CARES Act is amended by striking ``of this
Act.'' and inserting ``of this Act, except that such costs
shall not include qualified wages (as defined in section
2301(c) of this Act) which--
``(A) are paid or incurred in calendar quarters beginning
after June 30, 2020, and
``(B) are taken into account in determining the credit
allowed under section 2301 of this Act.''.
(2) Amendments to employee retention tax credit.--
(A) In general.--Section 2301(g) of the CARES Act is
amended to read as follows:
``(g) Election To Not Take Certain Wages Into Account.--
``(1) In general.--This section shall not apply to
qualified wages paid by an eligible employer with respect to
which such employer makes an election (at such time and in
such manner as the Secretary may prescribe) to have this
section not apply to such wages.
``(2) Coordination with paycheck protection program.--The
Secretary, in consultation with the Administrator of the
Small Business Administration, shall issue guidance providing
that payroll costs paid or incurred during the covered period
shall not fail to be treated as qualified wages under this
section by reason of an election under paragraph (1) to the
extent that a covered loan of the eligible employer is not
forgiven under section 1106(b) by reason of such payroll
costs. Terms used in the preceding sentence which are also
used in section 1106 shall have the same meaning as when used
in such section.''.
(B) Conforming amendments.--Section 2301(j) of the CARES
Act is amended by inserting ``for any calendar quarter
beginning after June 30, 2020'' before the period at the end.
(g) Denial of Double Benefit.--Section 2301(h) of the CARES
Act is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Denial of double benefit.--Any wages taken into
account in determining the credit allowed under this section
shall not be taken into account as wages for purposes of
sections 45A, 45B, 45P, 45S, 51, and 1396 of the Internal
Revenue Code of 1986.'', and
(2) by redesignating paragraph (3) as paragraph (2).
(h) Regulatory Authority.--Section 2301(l) of the CARES Act
is amended by striking ``and'' at the end of paragraph (4),
by striking the period at the end of paragraph (5) and
inserting ``, and'', and by adding at the end the following
new paragraph:
``(6) to prevent the avoidance of the purposes of the
limitations under this section, including through the
leaseback of employees.''.
(i) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to the calendar
quarters beginning after June 30, 2020.
(2) Retroactive application of certain amendments.--
(A) In general.--The amendments made subsections (d),
(e)(3), and (h) shall take effect as if included in section
2301 of the CARES Act.
(B) Special rule.--
(i) In general.--For purposes of section 2301 of the CARES
Act, an employer who has filed a return of tax with respect
to applicable employment taxes (as defined in section
2301(c)(1) of such Act) before the date of the enactment of
this Act may elect (in such manner as the Secretary of the
Treasury (or the Secretary's delegate) shall prescribe) to
treat any applicable amount as an amount paid in the calendar
quarter which includes the date of the enactment of this Act.
(ii) Applicable amount.--For purposes of clause (i), the
term ``applicable amount'' means the amount of wages
described in section 2301(c)(5)(B) of the CARES Act, as added
by the amendments made by subsection (e)(3)), which--
(I) were paid or incurred in a calendar quarter beginning
after December 31, 2019, and before July 1, 2020, and
(II) were not taken into account by the taxpayer in
calculating the credit allowed under section 2301(a) of such
Act for such calendar quarter.
SEC. 6. EXPANSION OF WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of
subparagraph (I), by striking the period at the end of
subparagraph (J) and inserting ``, or'', and by adding at the
end the following new subparagraph:
``(K) a qualified 2020 COVID-19 unemployment recipient.''.
(b) Qualified 2020 COVID-19 Unemployment Recipient.--
Section 51(d) of the Internal Revenue Code of 1986 is amended
by adding at the end the following new paragraph:
``(16) Qualified 2020 covid-19 unemployment recipient.--The
term `qualified 2020 COVID-19 unemployment recipient' means
any individual who--
``(A) is certified by the designated local agency as having
received, or having been approved to receive, unemployment
compensation under State or Federal law for either of--
``(i) the week immediately preceding the hiring date, or
``(ii) the week which includes the hiring date, and
``(B) begins work for the employer before January 1,
2021.''.
(c) Increased Credit Percentage.--
(1) In general.--Section 51(a) of the Internal Revenue Code
of 1986 is amended by inserting ``(50 percent in the case of
a qualified 2020 COVID-19 unemployment recipient)'' after
``40 percent''.
(2) Reduction for certain individuals.--Section 51(i)(3)(A)
of such Code is amended--
(A) by striking ``shall be applied by'' and inserting
``shall be applied--
``(i) by'',
(B) by striking the period at the end and inserting
``and'', and
(C) by adding at the end the following new clause:
``(ii) by substituting `25 percent' for `50 percent'.''.
(d) Increased Limitation on Wages Taken Into Account.--
Section 51(b)(3) of the Internal Revenue Code of 1986 is
amended by inserting ``$10,000 per year in the case of a
qualified 2020 COVID-19 unemployment recipient,'' after
``$6,000 per year (''.
(e) Rehires Eligible for Credit.--Section 51(i)(2) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``No wages'' and inserting the following:
``(A) In general.--No wages'', and
(2) by adding at the end the following new subparagraph:
``(B) Exception.--
``(i) In general.--This paragraph shall not apply to any
qualified 2020 COVID-19 unemployment recipient.
``(ii) Regulations and guidance.--The Secretary shall
prescribe such regulations and other guidance as may be
necessary to prevent the abuse of the purposes of this
subparagraph, including through the termination of employment
of an individual by an employer for the purposes of claiming
the credit allowed under this subsection by reason of the
application of clause (i).''.
(f) Effective Date.--The amendments made by this section
shall apply to individuals who begin work for the employer
after the date of the enactment of this Act.
SEC. 7. SAFE AND HEALTHY WORKPLACE TAX CREDIT.
(a) In General.--In the case of an employer, there shall be
allowed as a credit against applicable employment taxes for
each calendar quarter an amount equal to 50 percent of the
sum of--
(1) the qualified employee protection expenses,
(2) the qualified workplace reconfiguration expenses, and
(3) the qualified workplace technology expenses,
paid or incurred by the employer during such calendar
quarter.
(b) Limitations and Refundability.--
(1) Overall dollar limitation on credit.--
(A) In general.--The amount of the credit allowed under
subsection (a) with respect to any employer for any calendar
quarter shall not exceed the excess (if any) of--
(i) the applicable dollar limit with respect to such
employer for such calendar quarter, over
(ii) the aggregate credits allowed under subsection (a)
with respect to such employer for all preceding calendar
quarters.
(B) Applicable dollar limit.--The term ``applicable dollar
limit'' means, with respect to any employer for any calendar
quarter, the sum of--
(i) $1,000, multiplied by the average number of employees
employed by such employer during such calendar quarter not in
excess of 500, plus
(ii) $750, multiplied by such average number of employees
in excess of 500 but not in excess of 1,000, plus
(iii) $500, multiplied by such average number of employees
in excess of 1,000.
(2) Credit limited to employment taxes.--The credit allowed
by subsection (a) with respect to any calendar quarter shall
not exceed the applicable employment taxes (reduced by any
credits allowed under subsections (e) and (f) of section 3111
of the Internal Revenue Code of 1986, sections 7001 and 7003
of the Families First Coronavirus Response Act, and section
2301 of the CARES Act) on the wages paid with respect to the
employment of all the employees of the 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 the employer
under this paragraph shall be treated in the
[[Page S4675]]
same manner as a refund due from a credit provision referred
to in subsection (b)(2) of such section.
(c) Qualified Employee Protection Expenses.--For purposes
of this section, the term ``qualified employee protection
expenses'' means amounts paid or incurred by the employer
for--
(1) testing (including on a periodic basis) employees and
customers of the employer for coronavirus disease 2019,
hereafter referred to in this section as ``COVID-19''
(including antibodies related to COVID-19),
(2) equipment to protect employees and customers of the
employer from contracting COVID-19, including masks, gloves,
and disinfectants, and
(3) cleaning products or services related to preventing the
spread of COVID-19.
(d) Qualified Workplace Reconfiguration Expenses.--For
purposes of this section--
(1) In general.--The term ``qualified workplace
reconfiguration expenses'' means amounts paid or incurred by
the employer to design and reconfigure retail space, work
areas, break areas, or other areas that employees or
customers regularly use in the ordinary course of the
employer's trade or business if such design and
reconfiguration--
(A) has a primary purpose of preventing the spread of
COVID-19,
(B) is with respect to tangible property (within the
meaning of section 168 of the Internal Revenue Code of 1986)
which is located in the United States and which is leased or
owned by the employer,
(C) is commensurate with the risks faced by the employees
or customers, or is consistent with recommendations made by
the Centers for Disease Control and Prevention or the
Occupational Safety and Health Administration,
(D) is completed pursuant to a reconfiguration (or similar)
plan that was not in place before March 13, 2020, and
(E) is completed before January 1, 2021.
(2) Regulations.--The Secretary shall prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including guidance defining primary purpose and
reconfiguration plan.
(e) Qualified Workplace Technology Expenses.--For purposes
of this section--
(1) In general.--The term ``qualified workplace technology
expenses'' means amounts paid or incurred by the employer for
technology systems that employees or customers use in the
ordinary course of the employer's trade or business if such
technology system--
(A) has a primary purpose of preventing the spread of
COVID-19,
(B) is used for limiting physical contact between customers
and employees in the United States,
(C) is commensurate with the risks faced by the employees
or customers, or is consistent with recommendations made by
the Centers for Disease Control and Prevention or the
Occupational Safety and Health Administration,
(D) is acquired by the employer on or after March 13, 2020,
and is not acquired pursuant to a plan that was in place
before such date, and
(E) is placed in service by the employer before January 1,
2021.
(2) Technology systems.--The term ``technology systems''
means computer software (as defined in section 167(f)(1) of
the Internal Revenue Code of 1986) and qualified
technological equipment (as defined in section 168(i)(2) of
such Code).
(3) Regulations.--The Secretary shall prescribe such
regulations and other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including guidance defining the terms ``primary purpose'' and
``plan''.
(f) Other Definitions.--For purposes of this 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) COVID-19.--Except where the context clearly indicates
otherwise, any reference in this section to COVID-19 shall be
treated as including a reference to the virus which causes
COVID-19.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or such Secretary's delegate.
(4) Other terms.--Any term used in this section which is
also used in chapter 21 or 22 of the Internal Revenue Code of
1986 shall have the same meaning as when used in such
chapter.
(g) Certain Governmental Employers.--This section shall not
apply to the Government of the United States, the government
of any State or political subdivision thereof, or any agency
or instrumentality of any of the foregoing.
(h) Rules Relating to Employer, etc.--
(1) 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.
(2) Third-party payors.--Any credit allowed under
subsection (a) shall be treated as a credit described in
section 3511(d)(2) of such Code.
(i) Treatment of Deposits.--The Secretary shall waive any
penalty under section 6656 of the Internal Revenue Code of
1986 for any failure to make a deposit of any applicable
employment taxes if the Secretary determines that such
failure was due to the reasonable anticipation of the credit
allowed under subsection (a).
(j) Credit for Self-Employed Individuals.--
(1) In general.--In the case of a self-employed individual,
there shall be allowed as a credit against the tax imposed by
subtitle A of the Internal Revenue Code of 1986 for any
taxable year an amount equal to 50 percent of the sum of--
(A) the qualified employee protection expenses (as
determined by treating the self-employed individual both as
the employer and an employee),
(B) the qualified workplace reconfiguration expenses (as so
determined), and
(C) the qualified workplace technology expenses (as so
determined),
paid or incurred by the individual during such taxable year.
(2) Limitation.--The amount of the credit allowed under
paragraph (1) with respect to any self-employed individual
for any taxable year shall not exceed $500.
(3) Refundability.--
(A) In general.--The credit determined under paragraph (1)
shall be treated as a credit allowed to the taxpayer under
subpart C of part IV of subchapter A of chapter 1 of such
Code.
(B) Treatment of payments.--For purposes of section 1324 of
title 31, United States Code, any refund due from the credit
determined under paragraph (1) shall be treated in the same
manner as a refund due from a credit provision referred to in
subsection (b)(2) of such section.
(4) Self-employed individual.--
(A) In general.--For purposes of this section, the term
``self-employed individual'' means an individual who
regularly carries on any trade or business within the meaning
of section 1402 of the Internal Revenue Code of 1986, other
than any such trade or business which is carried on by a
partnership.
(B) Documentation.--No credit shall be allowed under
paragraph (1) to any individual unless the individual
maintains such documentation as the Secretary may prescribe
to establish such individual as an eligible self-employed
individual.
(k) Special Rules.--
(1) Denial of double benefit.--For purposes of this
section--
(A) In general.--Any deduction or other credit otherwise
allowable under any provision of the Internal Revenue Code of
1986 with respect to any expense for which a credit is
allowed under this section shall be reduced by the amount of
the credit under this section with respect to such expense.
(B) Basis adjustment.--If a credit is allowed under this
section with respect to any property of a character which is
subject to the allowance for depreciation under section 167
of such Code, the basis of such property shall be reduced by
the amount of the credit so allowed, and such reduction shall
be taken into account before determining the amount of any
allowance for depreciation with respect to such property for
purposes of such Code.
(C) Expenses not taken into account more than once.--The
same expense shall not be treated as described in more than
one paragraph of subsection (a) or more than one subparagraph
of subsection (j)(1), whichever is applicable.
(D) Employer or self-employment credit allowed.--The credit
under subsection (a) and the credit for self-employed
individuals under subsection (j) shall not apply to the same
taxpayer.
(2) Election not to have section apply.--This section shall
not apply with respect to any employer for any calendar
quarter, or with respect to any self-employed individual for
any taxable year, if such employer or self-employed
individual elects (at such time and in such manner as the
Secretary may prescribe) not to have this section apply.
(l) 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.
(m) Regulations and Guidance.--The Secretary shall
prescribe such regulations and other guidance as may be
necessary or appropriate to carry out the purposes of this
section, including--
(1) 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), regulations or other guidance allowing
such payors to submit documentation necessary to substantiate
the amount of the credit allowed under subsection (a),
[[Page S4676]]
(2) regulations or other guidance for recapturing the
benefit of credits determined under subsection (a) in cases
where there is a subsequent adjustment to the credit
determined under such subsection, and
(3) regulations or other guidance to prevent abuse of the
purposes of this section.
(n) Application.--
(1) In general.--This section shall only apply to amounts
paid or incurred after March 12, 2020, and before January 1,
2021.
(2) Special rule for certain amounts paid or incurred in
calendar quarters ending before the date of the enactment of
this act.--For purposes of this section, in the case of any
amount paid or incurred after March 12, 2020, and on or
before the last day of the last calendar quarter ending
before the date of the enactment of this Act, such amount
shall be treated as paid or incurred on such date of
enactment.
SEC. 8. COVID-19 ASSISTANCE PROVIDED TO INDEPENDENT
CONTRACTORS.
(a) Independent Contractor Status.--With respect to an
individual providing services for compensation for any
service recipient or through any marketplace platform, if the
service recipient or marketplace platform operator provides
any of the benefits described in subsection (c) to such
individual, the provision of such benefits shall not be taken
into account in determining the status of such individual as
an employee for purposes of the Internal Revenue Code of
1986.
(b) Treatment as Qualified Disaster Relief Payments.--Any
benefit described in subsection (c) (other than paragraph (1)
thereof) which is provided as described in subsection (a) by
a service recipient or marketplace platform operator shall be
treated for purposes of section 139 of the Internal Revenue
Code of 1986 as a qualified disaster relief payment to the
individual so described.
(c) Benefits Described.--The benefits described in this
subsection are--
(1) financial assistance provided to an individual while
the individual is not performing services for the service
recipient or through the marketplace platform, or is
performing reduced services or reduced hours of service,
because of COVID-19;
(2) health care benefits provided to an individual which
are related to COVID-19, including testing of the individual
for, or for antibodies related to, COVID-19;
(3) equipment to protect the individual, service
recipients, or customers from contracting COVID-19, including
masks, gloves, and disinfectants;
(4) cleaning products or services related to preventing the
spread of COVID-19; and
(5) training, standards, and guidelines or other similar
information provided to an individual related to COVID-19.
(d) Marketplace Platform, etc.--For purposes of this
section--
(1) Marketplace platform operator.--The term ``marketplace
platform operator'' means any person operating a marketplace
platform.
(2) Marketplace platform.--The term ``marketplace
platform'' means any digital website, mobile application, or
similar system that facilitates the provision of goods or
services by providers to recipients.
(e) COVID-19.--For purposes of this section, the term
``COVID-19'' means coronavirus disease 2019. Except where the
context clearly indicates otherwise, any reference in this
section to such disease shall be treated as including a
reference to the virus which causes such disease.
(f) Application.--This section shall only apply to benefits
provided after March 12, 2020, and before January 1, 2021.
SEC. 9. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE
PENSION PLANS.
(a) In General.--Section 2202(a)(6)(B) of the CARES Act
(Public Law 116-136) is amended by inserting ``, and, in the
case of a money purchase pension plan, a coronavirus-related
distribution which is an in-service withdrawal shall be
treated as meeting the distribution rules of section 401(a)
of the Internal Revenue Code of 1986'' before the period.
(b) Effective Date.--The amendment made by this section
shall apply as if included in the enactment of section 2202
of the CARES Act (Public Law 116-136).
SEC. 10. CLARIFICATION OF DELAY IN PAYMENT OF MINIMUM
REQUIRED CONTRIBUTIONS.
Section 3608(a)(1) of the CARES Act (Public Law 116-136) is
amended by striking ``January 1, 2021'' and inserting
``January 4, 2021''.
SEC. 11. EMPLOYEE CERTIFICATION AS TO ELIGIBILITY FOR
INCREASED CARES ACT LOAN LIMITS FROM EMPLOYER
PLAN.
(a) In General.--Section 2202(b) of the CARES Act (Public
Law 116-136) is amended by adding at the end the following
new paragraph:
``(4) Employee certification.--The administrator of a
qualified employer plan may rely on an employee's
certification that the requirements of subsection
(a)(4)(A)(ii) are satisfied in determining whether the
employee is a qualified individual for purposes of this
subsection.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the enactment of section
2202(b) of the CARES Act (Public Law 116-136).
SEC. 12. ELECTION TO WAIVE APPLICATION OF CERTAIN
MODIFICATIONS TO FARMING LOSSES.
(a) In General.--Section 2303 of the CARES Act is amended
by adding at the end the following new subsection:
``(e) Special Rules With Respect to Farming Losses.--
``(1) Election to disregard application of amendments made
by subsections (a) and (b).--
``(A) In general.--If a taxpayer who has a farming loss
(within the meaning of section 172(b)(1)(B)(ii) of the
Internal Revenue Code of 1986) for a taxable year beginning
in 2018, 2019, or 2020 makes an election under this
paragraph, then--
``(i) the amendments made by subsection (a) shall not apply
to any taxable year beginning in 2018, 2019, or 2020, and
``(ii) the amendments made by subsection (b) shall not
apply to any net operating loss arising in any taxable year
beginning in 2018, 2019, or 2020.
``(B) Election.--
``(i) In general.--Except as provided in clause (ii)(II),
an election under this paragraph shall be made in such manner
as may be prescribed by the Secretary. Such election, once
made for any taxable year, shall be irrevocable for such
taxable year.
``(ii) Time for making election.--
``(I) In general.--An election under this paragraph shall
be made by the due date (including extensions of time) for
filing the taxpayer's return for the taxable year.
``(II) Previously filed returns.--In the case of any
taxable year for which the taxpayer has filed a return of
Federal income tax before the date of the enactment of the
Coronavirus Relief Fair Unemployment Compensation Act of 2020
which disregards the amendments made by subsections (a) and
(b), such taxpayer shall be treated as having made an
election under this paragraph unless the taxpayer modifies
such return to reflect such amendments by the due date
(including extensions of time) for filing the taxpayer's
return for the first taxable year ending after the date of
the enactment of the Coronavirus Relief Fair Unemployment
Compensation Act of 2020.
``(C) Regulations.--The Secretary of the Treasury (or the
Secretary's delegate) shall issue such regulations and other
guidance as may be necessary to carry out the purposes of
this paragraph, including regulations and guidance relating
to the application of the rules of section 172(a) of the
Internal Revenue Code of 1986 (as in effect before the date
of the enactment of the CARES Act) to taxpayers making an
election under this paragraph.
``(2) Revocation of election to waive carryback.--The last
sentence of section 172(b)(3) of the Internal Revenue Code of
1986 and the last sentence of section 172(b)(1)(B) of such
Code shall not apply to any election--
``(A) which was made before the date of the enactment of
the Coronavirus Relief Fair Unemployment Compensation Act of
2020, and
``(B) which relates to the carryback period provided under
section 172(b)(1)(B) of such Code with respect to any net
operating loss arising in taxable years beginning in 2018 or
2019.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 2303 of the CARES
Act (Public Law 116-136).
SEC. 13. OVERSIGHT AND AUDIT REPORTING.
Section 19010(a)(1) of the CARES Act is amended by striking
``and'' at the end of subparagraph (F), by striking ``and''
at the end of subparagraph (G), and by adding at the end the
following new subparagraphs:
``(H) the Committee on Finance of the Senate; and
``(I) the Committee on Ways and Means of the House of
Representatives; and''.
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