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H.R. 6758 — To Establish Requirements for Paycheck Protection Program Funds (May 8, 2020)

Summary

H.R. 6758 is a bill introduced in the House of Representatives on May 8, 2020, by Ms. Garcia of Texas and referred to the Committee on Small Business. Section 1 sets aside $10,000,000,000 of certain amounts not otherwise obligated or expended for loan guarantees made by minority depository institutions and community development financial institutions. Section 2 would amend the paycheck protection program provisions once those amounts are expended, adding set asides of 20 percent and 10 percent by lender asset size and a separate 8-hour period at least twice weekly to process applications. It also requires public reports on unobligated funds on a daily basis and on funds made available to lenders on a weekly basis.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6758Ih Bills 116Hr6758Ih
Case
Bills Bills 116Hr6758Ih Bills 116Hr6758Ih

Cite this document

“H.R. 6758 — To Establish Requirements for Paycheck Protection Program Funds (May 8, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6758ih-bills-116hr6758ih/, SHA-256 24e2cfcf5b24a30a1fd7ba6dfc07c0e50dda9894e9487e1c748dbb1139187282.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6758
                                                                       To establish requirements for funds appropriated to carry out the paycheck
                                                                           protection program, to require reporting on the use of such funds, and
                                                                           for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                     MAY 8, 2020
                                                                        Ms. GARCIA of Texas introduced the following bill; which was referred to the
                                                                                              Committee on Small Business




                                                                                                                 A BILL
                                                                       To establish requirements for funds appropriated to carry
                                                                          out the paycheck protection program, to require report-
                                                                          ing on the use of such funds, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3    SECTION 1. SET ASIDE FOR MINORITY DEPOSITORY INSTI-

                                                                         4                             TUTIONS AND COMMUNITY DEVELOPMENT

                                                                         5                             FINANCIAL INSTITUTIONS UNDER THE PAY-

                                                                         6                             CHECK PROTECTION PROGRAM AND HEALTH

                                                                         7                             CARE ENHANCEMENT ACT.




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                                                                         8              With respect to amounts appropriated under section
                                                                         9 101(a) of division A of the Paycheck Protection Program


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                                                                         1 and Health Care Enhancement Act (Public Law 116–139)
                                                                         2 for the cost of guaranteed loans made under section
                                                                         3 7(a)(36) of the Small Business Act (15 U.S.C.
                                                                         4 636(a)(36)), $10,000,000,000 of such amounts not other-
                                                                         5 wise obligated or expended shall be set aside for loan guar-
                                                                         6 antees made by minority depository institutions (as de-
                                                                         7 fined in section 308 of the Financial Institutions Reform,
                                                                         8 Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
                                                                         9 note)) and community development financial institutions
                                                                       10 (as defined in section 103 of the Riegle Community Devel-
                                                                       11 opment and Regulatory Improvement Act of 1994 (12
                                                                       12 U.S.C. 4702)).
                                                                       13     SEC. 2. SET ASIDE FOR CERTAIN LENDERS AND REPORT-

                                                                       14                              ING REQUIREMENTS FOR THE PAYCHECK

                                                                       15                              PROTECTION PROGRAM.

                                                                       16               (a) SET ASIDE FOR CERTAIN LENDERS.—
                                                                       17                        (1) IN GENERAL.—On the date on which all
                                                                       18               amounts appropriated by the Paycheck Protection
                                                                       19               Program and Health Care Enhancement Act (Public
                                                                       20               Law 116–139) under the heading ‘‘Small Business
                                                                       21               Administration—Business Loans Program Account,
                                                                       22               CARES Act’’ are expended, subparagraph (S) of
                                                                       23               section 7(a)(36) of the Small Business Act (15
                                                                       24               U.S.C. 636(a)(36)(S)) is amended to read as fol-



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                                                                       25               lows:


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                                                                         1                                 ‘‘(S) SET ASIDE FOR CERTAIN LENDER.—
                                                                         2                       The Administrator shall provide for the cost of
                                                                         3                       guaranteed covered loans made under this para-
                                                                         4                       graph—
                                                                         5                                        ‘‘(i) a set aside of 20 percent of each
                                                                         6                                 amount appropriated pursuant to this to
                                                                         7                                 carry out this paragraph for loans made by
                                                                         8                                 community financial institutions (as de-
                                                                         9                                 fined in subparagraph (A)(xi) of such sec-
                                                                       10                                  tion), insured depository institutions (as
                                                                       11                                  defined in subparagraph (A)(i) of such sec-
                                                                       12                                  tion), and credit unions (as defined in sub-
                                                                       13                                  paragraph (A)(xii) of such section), with
                                                                       14                                  consolidated                 assets            of         less    than
                                                                       15                                  $10,000,000,000;
                                                                       16                                         ‘‘(ii) a set aside of 10 percent of each
                                                                       17                                  amount appropriated pursuant to this to
                                                                       18                                  carry out this paragraph for loans made by
                                                                       19                                  insured depository institutions (as defined
                                                                       20                                  in subparagraph (A)(i) of such section)
                                                                       21                                  and credit unions (as defined in subpara-
                                                                       22                                  graph (A)(xii) of such section) with con-
                                                                       23                                  solidated              assets          of       not        less   than
                                                                       24                                  $10,000,000,000                         and             less      than



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                                                                       25                                  $50,000,000,000; and


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                                                                         1                                        ‘‘(iii) a set aside equal the greater of
                                                                         2                                 $10,000,000,000 or 5 percent of each
                                                                         3                                 amount appropriated pursuant to this to
                                                                         4                                 carry out this paragraph for loans made by
                                                                         5                                 minority depository institutions (as defined
                                                                         6                                 in section 308 of the Financial Institutions
                                                                         7                                 Reform, Recovery, and Enforcement Act of
                                                                         8                                 1989 (12 U.S.C. 1463 note)) and commu-
                                                                         9                                 nity development financial institutions (as
                                                                       10                                  defined in section 103 of the Riegle Com-
                                                                       11                                  munity Development and Regulatory Im-
                                                                       12                                  provement              Act         of     1994          (12    U.S.C.
                                                                       13                                  4702)).’’.
                                                                       14                        (2) NOTIFICATION.—The Administrator of the
                                                                       15               Small Business Administration shall notify the Law
                                                                       16               Revision Counsel of the House of Representatives of
                                                                       17               the date on which the amounts described under
                                                                       18               paragraph (1) are expended so that the Law Revi-
                                                                       19               sion Counsel may execute the amendments made by
                                                                       20               paragraph (1).
                                                                       21               (b) PROCESSING.—Section 7(a)(36) of the Small
                                                                       22 Business Act (15 U.S.C. 636(a)(36)) is amended by add-
                                                                       23 ing at the end the following new subparagraph:
                                                                       24                                  ‘‘(T) APPLICATION PROCESSING.—



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                                                                         1                                        ‘‘(i) IN GENERAL.—The Administrator
                                                                         2                                 and the Secretary of the Treasury shall, at
                                                                         3                                 least twice weekly, provide separate 8-hour
                                                                         4                                 period during which the Administrator and
                                                                         5                                 the Secretary shall process the following
                                                                         6                                 applications under this paragraph:
                                                                         7                                                 ‘‘(I) Applications compiled by
                                                                         8                                        lenders with consolidated assets of
                                                                         9                                        less than $1,000,000,000 that are au-
                                                                       10                                         thorized to make loans under this
                                                                       11                                         paragraph.
                                                                       12                                                  ‘‘(II) Applications compiled by
                                                                       13                                         lenders from eligible recipients that
                                                                       14                                         have 20 or fewer employees for a prin-
                                                                       15                                         cipal amount of a covered loan of less
                                                                       16                                         than $200,000.
                                                                       17                                         ‘‘(ii) REQUIREMENTS.—The Adminis-
                                                                       18                                  trator and the Secretary shall, at least 72
                                                                       19                                  hours in advance, provide notice of when
                                                                       20                                  an 8-hour period described in clause (i)
                                                                       21                                  will begin. Such 8-hour period may not be
                                                                       22                                  between 12 a.m. and 8 a.m.’’.
                                                                       23               (c) REPORTS.—
                                                                       24                        (1) IN GENERAL.—During the period beginning



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                                                                       25               on the date of the enactment of an Act appro-


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                                                                         1              priating amounts under the heading ‘‘Small Busi-
                                                                         2              ness Administration—Business Loans Program Ac-
                                                                         3              count, CARES Act’’ that is on or after the date of
                                                                         4              the enactment of this Act, and ending on the date
                                                                         5              on which such amounts are expended, the Adminis-
                                                                         6              trator of the Small Business Administrator and the
                                                                         7              Secretary of the Treasury shall make publicly avail-
                                                                         8              able—
                                                                         9                                 (A) on a daily basis, the amount of funds
                                                                       10                        under such heading that have not been obli-
                                                                       11                        gated or expended; and
                                                                       12                                  (B) on a weekly basis, the amount of funds
                                                                       13                        under such heading made available to lenders,
                                                                       14                        disaggregated by the type of lender (including
                                                                       15                        minority depository institutions (as defined in
                                                                       16                        section 308 of the Financial Institutions Re-
                                                                       17                        form, Recovery, and Enforcement Act of 1989
                                                                       18                        (12 U.S.C. 1463 note)) and community develop-
                                                                       19                        ment financial institutions (as defined in sec-
                                                                       20                        tion 103 of the Riegle Community Development
                                                                       21                        and Regulatory Improvement Act of 1994 (12
                                                                       22                        U.S.C. 4702))) and the total consolidated assets
                                                                       23                        of each such lender.
                                                                       24                        (2) PRIOR EXPENDITURES.—Not later than 7



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                                                                       25               days after the date of the enactment of this Act, the


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                                                                         1              Administrator of the Small Business Administrator
                                                                         2              and the Secretary of the Treasury shall make pub-
                                                                         3              licly available a report on funds made available
                                                                         4              under the heading ‘‘Small Business Administra-
                                                                         5              tion—Business Loans Program Account, CARES
                                                                         6              Act’’ to lenders, disaggregated by the type of lender
                                                                         7              (including minority depository institutions (as de-
                                                                         8              fined in section 308 of the Financial Institutions Re-
                                                                         9              form, Recovery, and Enforcement Act of 1989 (12
                                                                       10               U.S.C. 1463 note)) and community development fi-
                                                                       11               nancial institutions (as defined in section 103 of the
                                                                       12               Riegle Community Development and Regulatory Im-
                                                                       13               provement Act of 1994 (12 U.S.C. 4702))) and the
                                                                       14               total consolidated assets of each such lender.
                                                                                                                              Æ




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