S.Amdt. 1356

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.
______