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H.R. 6816, Promoting Flexibility for Small Business Owners Act

Summary

H.R. 6816, the Promoting Flexibility for Small Business Owners Act, is a bill introduced in the House of Representatives on May 12, 2020 by Mr. Gonzalez of Ohio and referred to the Committee on Small Business. Its stated purpose is to amend the CARES Act to provide additional time for employers to maximize their loan forgiveness under the paycheck protection program, and for other purposes. Section 2 amends section 1106 of the CARES Act, in subsection (a)(3), by striking the 8-week period beginning on and inserting the 12-week period beginning on the earlier of the date selected by the borrower or a later date.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6816Ih Bills 116Hr6816Ih
Case
Bills Bills 116Hr6816Ih Bills 116Hr6816Ih

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“H.R. 6816, Promoting Flexibility for Small Business Owners Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6816ih-bills-116hr6816ih/, SHA-256 42d74b76b4b3731839d9121185aa9b6692700c0a664a3e049f45b6e4624f962c.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                            H. R. 6816
                                                                       To amend the CARES Act to provide additional time for employers to maxi-
                                                                           mize their loan forgiveness under the paycheck protection program, and
                                                                           for other purposes.




                                                                                    IN THE HOUSE OF REPRESENTATIVES
                                                                                                      MAY 12, 2020
                                                                       Mr. GONZALEZ of Ohio (for himself, Mr. JOYCE of Ohio, Mr. LAHOOD, Mrs.
                                                                           MURPHY of Florida, and Mr. WENSTRUP) introduced the following bill;
                                                                           which was referred to the Committee on Small Business




                                                                                                                 A BILL
                                                                       To amend the CARES Act to provide additional time for
                                                                          employers to maximize their loan forgiveness under the
                                                                          paycheck protection program, 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. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Promoting Flexibility
                                                                         5 for Small Business Owners Act’’.




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                                                                                                                                  2
                                                                         1    SEC. 2. ADDITIONAL TIME TO MAXIMIZE LOAN FORGIVE-

                                                                         2                             NESS UNDER THE PAYCHECK PROTECTION

                                                                         3                             PROGRAM.

                                                                         4              Section 1106 of the CARES Act (Public Law 116–
                                                                         5 136) is amended—
                                                                         6                       (1) in subsection (a)(3), by striking ‘‘the 8-week
                                                                         7              period beginning on’’ and inserting the following:
                                                                         8              ‘‘the 12-week period beginning on the date that is
                                                                         9              the earlier of—
                                                                       10                                  ‘‘(A) the date selected by the borrower; or
                                                                       11                                  ‘‘(B) the date that is 30 days after’’; and
                                                                       12                        (2) in subsection (d)(5)—
                                                                       13                                  (A) in subparagraph (B)—
                                                                       14                                         (i) in clause (i)(II), by striking ‘‘June
                                                                       15                                  30, 2020’’ and inserting ‘‘July 31, 2020’’;
                                                                       16                                  and
                                                                       17                                         (ii) in clause (ii)(II), by striking
                                                                       18                                  ‘‘June 30, 2020’’ and inserting ‘‘July 31,
                                                                       19                                  2020’’; and
                                                                       20                                  (B) by adding at the end the following new
                                                                       21                        subparagraph:
                                                                       22                                  ‘‘(C) EXTENSION.—
                                                                       23                                         ‘‘(i)      IN        GENERAL.—The                       Adminis-
                                                                       24                                  trator, in coordination with the Secretary




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                                                                       25                                  of the Treasury, may extend the deadlines
                                                                       26                                  described in clauses (i)(II) and (ii)(II) of
                                                                                   •HR 6816 IH

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                                                                         1                                 subparagraph (B) for entities within cer-
                                                                         2                                 tain industry categories, as determined by
                                                                         3                                 the Administrator in accordance with the
                                                                         4                                 North American Industry Classification
                                                                         5                                 System codes.
                                                                         6                                        ‘‘(ii) CRITERIA.—When making a de-
                                                                         7                                 termination whether to extend a deadline
                                                                         8                                 under clause (i), the Administrator shall
                                                                         9                                 consider—
                                                                       10                                                  ‘‘(I) the restrictions on the oper-
                                                                       11                                         ations of the industry category im-
                                                                       12                                         posed by Federal, State, or local gov-
                                                                       13                                         ernments based on COVID–19;
                                                                       14                                                  ‘‘(II) industry category revenue
                                                                       15                                         as compared to industry category rev-
                                                                       16                                         enue at the same time in prior years;
                                                                       17                                                  ‘‘(III) unemployment levels in the
                                                                       18                                         industry category as compared to un-
                                                                       19                                         employment levels in the industry cat-
                                                                       20                                         egory in prior years; and
                                                                       21                                                  ‘‘(IV) such other criteria as de-
                                                                       22                                         termined by the Administrator, in
                                                                       23                                         consultation with the Secretary of the
                                                                       24                                         Treasury, to be appropriate.’’.



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                                                                                   •HR 6816 IH

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