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H.R. 7175, Paycheck Protection for Producers Act

Summary

H.R. 7175 was introduced in the House of Representatives on June 11, 2020, by Kind, for himself, Thompson of Pennsylvania, Brindisi, and Joyce of Pennsylvania, and referred to the Committee on Small Business. It may be cited as the Paycheck Protection for Producers Act. Section 2 amends section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) to add a subparagraph on the calculation of the maximum loan amount for farmers and ranchers under the paycheck protection program. A covered recipient is an eligible recipient that operates as a sole proprietorship or as an independent contractor, or is an eligible self-employed individual, and reports farm income or expenses on a Schedule F.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr7175Ih Bills 116Hr7175Ih
Case
Bills Bills 116Hr7175Ih Bills 116Hr7175Ih

Cite this document

“H.R. 7175, Paycheck Protection for Producers Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr7175ih-bills-116hr7175ih/, SHA-256 548938ce55cd080612a7c9edd8e46a3724ce93c9247d706d4368f977bcbc1a6c.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 7175
                                                                       To modify the calculation of the maximum loan amount for certain farmers
                                                                           and ranchers under the paycheck protection program of the Small Busi-
                                                                           ness Administration, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                     JUNE 11, 2020
                                                                       Mr. KIND (for himself, Mr. THOMPSON of Pennsylvania, Mr. BRINDISI, and
                                                                           Mr. JOYCE of Pennsylvania) introduced the following bill; which was re-
                                                                           ferred to the Committee on Small Business




                                                                                                                 A BILL
                                                                       To modify the calculation of the maximum loan amount
                                                                          for certain farmers and ranchers under the paycheck
                                                                          protection program of the Small Business Administra-
                                                                          tion, 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 ‘‘Paycheck Protection
                                                                         5 for Producers Act’’.




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                                                                                                                                  2
                                                                         1     SEC. 2. CALCULATION OF MAXIMUM LOAN AMOUNT FOR

                                                                         2                             FARMERS AND RANCHERS UNDER THE PAY-

                                                                         3                             CHECK PROTECTION PROGRAM.

                                                                         4              (a) IN GENERAL.—Section 7(a)(36) of the Small
                                                                         5 Business Act (15 U.S.C. 636(a)(36)) is amended—
                                                                         6                        (1) in subparagraph (E), in the matter pre-
                                                                         7              ceding clause (i), by striking ‘‘During’’ and inserting
                                                                         8              ‘‘Except as provided in subparagraph (T), during’’;
                                                                         9              and
                                                                       10                         (2) by adding at the end the following:
                                                                       11                                  ‘‘(T) CALCULATION                        OF MAXIMUM LOAN

                                                                       12                         AMOUNT FOR FARMERS AND RANCHERS.—

                                                                       13                                          ‘‘(i) DEFINITION.—In this subpara-
                                                                       14                                  graph, the term ‘covered recipient’ means
                                                                       15                                  an eligible recipient that—
                                                                       16                                                   ‘‘(I) operates as a sole propri-
                                                                       17                                          etorship or as an independent con-
                                                                       18                                          tractor, or is an eligible self-employed
                                                                       19                                          individual;
                                                                       20                                                   ‘‘(II) reports farm income or ex-
                                                                       21                                          penses on a Schedule F (or any equiv-
                                                                       22                                          alent successor schedule); and
                                                                       23                                                   ‘‘(III) was in business during the
                                                                       24                                          period beginning on February 15,




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                                                                       25                                          2019, and ending on June 30, 2019.


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                                                                         1                                         ‘‘(ii) NO EMPLOYEES.—With respect
                                                                         2                                 to covered recipient without employees, the
                                                                         3                                 maximum covered loan amount shall be the
                                                                         4                                 lesser of—
                                                                         5                                                  ‘‘(I) the sum of—
                                                                         6                                                            ‘‘(aa) the product obtained
                                                                         7                                                  by multiplying—
                                                                         8                                                                    ‘‘(AA) the gross income
                                                                         9                                                            of the covered recipient in
                                                                       10                                                             2019, as reported on a
                                                                       11                                                             Schedule F (or any equiva-
                                                                       12                                                             lent        successor               schedule),
                                                                       13                                                             that        is     not        more       than
                                                                       14                                                             $100,000, divided by 12;
                                                                       15                                                             and
                                                                       16                                                                     ‘‘(BB) 2.5; and
                                                                       17                                                             ‘‘(bb)           the           outstanding
                                                                       18                                                   amount of a loan under sub-
                                                                       19                                                   section (b)(2) that was made
                                                                       20                                                   during the period beginning on
                                                                       21                                                   January 31, 2020, and ending on
                                                                       22                                                   April 3, 2020, that the borrower
                                                                       23                                                   intends to refinance under the




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                                                                       24                                                   covered loan, not including any
                                                                       25                                                   amount of any advance under the


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                                                                         1                                                  loan that is not required to be re-
                                                                         2                                                  paid; or
                                                                         3                                                  ‘‘(II) $10,000,000.
                                                                         4                                         ‘‘(iii) WITH               EMPLOYEES.—With             re-
                                                                         5                                 spect to a covered recipient with employ-
                                                                         6                                 ees, the maximum covered loan amount
                                                                         7                                 shall be calculated using the formula de-
                                                                         8                                 scribed in subparagraph (E), except that
                                                                         9                                 the gross income of the covered recipient
                                                                       10                                  described in clause (ii)(I)(aa)(AA) of this
                                                                       11                                  subparagraph, as divided by 12, shall be
                                                                       12                                  added to the sum calculated under sub-
                                                                       13                                  paragraph (E)(i)(I).
                                                                       14                                          ‘‘(iv) RECALCULATION.—A lender that
                                                                       15                                  made a covered loan to a covered recipient
                                                                       16                                  before the date of enactment of this sub-
                                                                       17                                  paragraph may, at the request of the cov-
                                                                       18                                  ered recipient—
                                                                       19                                                   ‘‘(I) recalculate the maximum
                                                                       20                                          loan amount applicable to that cov-
                                                                       21                                          ered loan based on the formula de-
                                                                       22                                          scribed in clause (ii) or (iii), as appli-
                                                                       23                                          cable, if doing so would result in a




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                                                                       24                                          larger covered loan amount; and




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                                                                         1                                                  ‘‘(II) provide the covered recipi-
                                                                         2                                         ent       with         additional              covered   loan
                                                                         3                                         amounts based on that recalcula-
                                                                         4                                         tion.’’.
                                                                                                                                  Æ




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