[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1379-S1380]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1356. Ms. ROSEN submitted an amendment intended to be proposed to 
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs. 
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow, 
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr. 
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant 
to title II of S. Con. Res. 5; which was ordered to lie on the table; 
as follows:

        At the end of part 8 of subtitle G of title IX, add the 
     following:

     SEC. 96__. BUSINESS VENTILATION TAX CREDIT.

       (a) In General.--In the case of an employer, there shall be 
     allowed as a credit against applicable employment taxes for

[[Page S1380]]

     each calendar quarter an amount equal to 50 percent of the 
     qualified ventilation, zoning, and air filtration and 
     purification expenses paid or incurred by the employer during 
     such calendar quarter.
       (b) Limitations and Refundability.--
       (1) Overall dollar limitation on credit.--The aggregate 
     amount of the credit allowed under subsection (a) with 
     respect to any qualified location shall not exceed the 
     maximum amount provided in the credit certificate awarded 
     with respect to such location under subsection (e).
       (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 sections 3131, 3132, 3134, and 6432 of 
     the Internal Revenue Code of 1986) 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 allowed 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 same manner as a 
     refund due from a credit provision referred to in subsection 
     (b)(2) of such section.
       (c) Qualified Ventilation, Zoning, and Air Filtration and 
     Purification Expenses.--For purposes of this section--
       (1) In general.--The term ``qualified ventilation, zoning, 
     and air filtration and purification expenses'' means amounts 
     paid or incurred by the employer for--
       (A) the purchase and installation of a heating, 
     ventilation, and air conditioning system--
       (i) which is originally placed in service at a qualified 
     location,
       (ii) which includes indoor air quality sensors and 
     controls, and
       (iii) which--

       (I) is designed to filter air at a rate equivalent to or in 
     excess of a MERV 13 or equivalent level of filtration,
       (II) uses UV-based purification, or
       (III) provides a fresh air supply at least 17 cubic feet 
     per minute per occupant, the ability to conduct zoning and 
     sub-zoning, and the ability to direct air via directional and 
     controlled air outlets in order to minimize draft air 
     exchange between neighboring occupants or zones,

       (B) upgrading a heating, ventilation, and air conditioning 
     system at a qualified location which does not meet the 
     requirements of any item of subparagraph (A)(iii) so that the 
     system meets such requirements,
       (C) the purchase of any--
       (i) air filter--

       (I) which is used in a heating, ventilation, and air 
     conditioning system at a qualified location, and
       (II) which filters air at a rate equivalent to or in excess 
     of a MERV 13 or equivalent level of filtration, or

       (ii) UV light bulb which is used in a heating, ventilation, 
     and air conditioning system at a qualified location,
       (D) the purchase of any stand alone air cleaner or air 
     purifier--
       (i) which is originally placed in service at such qualified 
     location by the employer,
       (ii) which is capable of providing at least 5 air changes 
     per hour at such qualified location, and
       (iii) which--

       (I) is capable of using HEPA filters,
       (II) uses UV-based purification, or
       (III) uses electronic air cleaners or ionizers to clean air 
     at a rate equivalent to a HEPA filter, and

       (E) the purchase of any--
       (i) HEPA filter used in an air cleaner described in 
     subparagraph (D)(iii)(I),
       (ii) UV light bulb used in an air purifier described in 
     subparagraph (D)(iii)(II), or
       (iii) purification component used in an air purifier 
     described in subparagraph (D)(iii)(III).
       (2) Termination.--Such term shall not include any expenses 
     for property placed in service after December 31, 2021.
       (d) 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(b) 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(b) of such Code.
       (2) Qualified location.--The term ``qualified location'' 
     means any structure--
       (A) which is non-residential real property (as defined in 
     section 168(e)(2) of such Code) in the United States,
       (B) which is leased or owned by the employer,
       (C) at which an employer conducts business, and
       (D) with respect to which the Secretary has awarded a 
     credit certification under subsection (e) .
       (3) 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.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or such Secretary's delegate.
       (5) 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.
       (e) Credit Certificates.--
       (1) In general.--A credit certificate awarded under this 
     subsection with respect to any qualified location shall state 
     the maximum amount of credit allowed to the taxpayer under 
     subsection (b)(1).
       (2) Limitations.--
       (A) Aggregate limitation.--The aggregate amount of credits 
     for all credit certificates awarded under this subsection 
     shall not exceed $3,000,000,000.
       (B) Award limitation.--The aggregate amount of credit 
     allocated to any qualified location under paragraph (3) shall 
     not exceed $15,000.
       (3) Credit certificate program.--
       (A) In general.--As soon as practical after the date of the 
     enactment of the section, the Secretary shall establish a 
     program for the award of credit certificates and the 
     allocation of the limitation under paragraph (2)(A) with 
     respect to qualified locations of employers.
       (B) Applications.--Each applicant for a credit certificate 
     under this paragraph shall submit an application containing 
     such information as the Secretary may require.
       (C) Selection criteria.--In awarding credit certificates, 
     the Secretary shall give priority to employers that are small 
     business concerns (within the meaning of section 3(a) of the 
     Small Business Act (15 U.S.C. 632)) which have qualified 
     locations that are public-facing or provide public 
     accommodations.
       (f) 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.
       (g) 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.
       (h) 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).
       (i) Denial of Double Benefit.--
       (1) 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.
       (2) Reduction in basis.--For purposes of subtitle A of such 
     Code, the basis of any property for which a credit is 
     allowable under subsection (a) shall be reduced by the amount 
     of such credit so allowed
       (j) Election Not to Have Section Apply.--This section shall 
     not apply with respect to any 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.
       (k) 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),
       (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.
       (l) Application.--
       (1) In general.--This section shall only apply to amounts 
     paid or incurred after January 31, 2020, and before January 
     1, 2022.
       (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 January 31, 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.
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