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S. 3718, Local News and Emergency Information Act of 2020

Summary

S. 3718 was introduced in the Senate on May 13, 2020, by Cantwell for herself, Boozman, Klobuchar, Ernst, and Schumer, and referred to the Committee on Small Business and Entrepreneurship. It may be cited as the Local News and Emergency Information Act of 2020. Section 2 amends section 7(a)(36)(D) of the Small Business Act so that a business concern assigned a North American Industry Classification System code beginning with 511110, 515112, or 515120 at the time of disbursal is eligible for a covered loan for expenses of an individual physical location. The proceeds must support expenses associated with the continued provision of local news, information, content, or emergency information.

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Issuer
Congressional materials
Document type
Bills Bills 116S3718Is Bills 116S3718Is
Case
Bills Bills 116S3718Is Bills 116S3718Is

Cite this document

“S. 3718, Local News and Emergency Information Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3718is-bills-116s3718is/, SHA-256 f9e2a153f1d5a26e6257da844382ee2b47b5b12c2c7d50646cbc210da23f4d6f.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 3718
                                                                          To expand the waiver of affiliation rules for certain business concerns with
                                                                                   more than 1 physical location, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    MAY 13, 2020
                                                                       Ms. CANTWELL (for herself, Mr. BOOZMAN, Ms. KLOBUCHAR, Ms. ERNST,
                                                                           and Mr. SCHUMER) introduced the following bill; which was read twice
                                                                           and referred to the Committee on Small Business and Entrepreneurship




                                                                                                                 A BILL
                                                                       To expand the waiver of affiliation rules for certain business
                                                                          concerns with more than 1 physical location, 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 ‘‘Local News and Emer-
                                                                         5 gency Information Act of 2020’’.
                                                                         6     SEC. 2. AMENDMENTS TO THE PAYCHECK PROTECTION

                                                                         7                             PROGRAM.




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                                                                         8              Section 7(a)(36)(D) of the Small Business Act (15
                                                                         9 U.S.C. 636(a)(36)(D)) is amended—


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                                                                         1                        (1) in clause (iii)—
                                                                         2                                 (A) by striking ‘‘business concern that em-
                                                                         3                        ploys’’ and inserting the following: ‘‘business
                                                                         4                        concern that—
                                                                         5                                                  ‘‘(I) employs’’;
                                                                         6                                 (B) in subclause (I), by striking the period
                                                                         7                        at the end and inserting ‘‘; or’’; and
                                                                         8                                 (C) by adding at the end the following:
                                                                         9                                                  ‘‘(II) is assigned a North Amer-
                                                                       10                                          ican Industry Classification System
                                                                       11                                          code beginning with 511110, 515112,
                                                                       12                                          or 515120 at the time of disbursal
                                                                       13                                          shall be eligible to receive a covered
                                                                       14                                          loan for business expenses of the busi-
                                                                       15                                          ness concern that are associated with
                                                                       16                                          an individual physical location of that
                                                                       17                                          business concern, provided that—
                                                                       18                                                             ‘‘(aa) the proceeds of the
                                                                       19                                                   loan are used to support expenses
                                                                       20                                                   associated with the continued
                                                                       21                                                   provision of local news, informa-
                                                                       22                                                   tion, content, or emergency infor-
                                                                       23                                                   mation; and




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                                                                       24                                                             ‘‘(bb) at the time of dis-
                                                                       25                                                   bursal, the individual physical lo-


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                                                                         1                                                  cation does not exceed the size
                                                                         2                                                  standard established by the Ad-
                                                                         3                                                  ministrator for the applicable
                                                                         4                                                  code.’’;
                                                                         5                        (2) in clause (iv)—
                                                                         6                                 (A) in subclause (II), by striking ‘‘and’’ at
                                                                         7                        the end;
                                                                         8                                 (B) in subclause (III), by striking the pe-
                                                                         9                        riod at the end and inserting ‘‘; and’’; and
                                                                       10                                  (C) by adding at the end the following:
                                                                       11                                                   ‘‘(IV) an individual physical loca-
                                                                       12                                          tion of a business concern that, as of
                                                                       13                                          the date on which the covered loan is
                                                                       14                                          disbursed, is assigned a North Amer-
                                                                       15                                          ican Industry Classification System
                                                                       16                                          code beginning with 511110, 515112,
                                                                       17                                          or 515120 and does not exceed the
                                                                       18                                          size standard established by the Ad-
                                                                       19                                          ministrator for the applicable code,
                                                                       20                                          provided that, as a condition of the
                                                                       21                                          waiver under this subclause, the busi-
                                                                       22                                          ness concern shall not pay, distribute,
                                                                       23                                          or otherwise provide the covered loan




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                                                                       24                                          or any portion of the covered loan to
                                                                       25                                          any other entity other than the indi-


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                                                                         1                                         vidual physical location that is the in-
                                                                         2                                         tended recipient of the covered loan.’’;
                                                                         3                                         and
                                                                         4                        (3) by adding at the end the following:
                                                                         5                                         ‘‘(vii) TREATMENT OF CERTAIN BUSI-
                                                                         6                                 NESS CONCERNS.—

                                                                         7                                                  ‘‘(I) IN           GENERAL.—A                 business
                                                                         8                                         concern that is assigned a North
                                                                         9                                         American Industry Classification Sys-
                                                                       10                                          tem Code beginning with 511110,
                                                                       11                                          515112, or 515120 at the time of dis-
                                                                       12                                          bursal of a covered loan and is a
                                                                       13                                          franchisee or affiliate of or owned or
                                                                       14                                          controlled by a parent company or an
                                                                       15                                          investment company, or management
                                                                       16                                          thereof, shall be treated as an inde-
                                                                       17                                          pendent, non-affiliated entity upon
                                                                       18                                          certification to the Administrator that
                                                                       19                                          the request for the covered loan is
                                                                       20                                          necessary to support expenses associ-
                                                                       21                                          ated with the continued provision of
                                                                       22                                          local news, information, content, or
                                                                       23                                          emergency information.




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                                                                       24                                                   ‘‘(II)       REPORT.—The                      Adminis-
                                                                       25                                          trator and the Secretary of the Treas-


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                                                                         1                                         ury shall submit to the Committee on
                                                                         2                                         Small Business and Entrepreneurship
                                                                         3                                         of the Senate, the Committee on
                                                                         4                                         Small Business of the House of Rep-
                                                                         5                                         resentatives, and the Congressional
                                                                         6                                         Oversight              Commission                  established
                                                                         7                                         under section 4020 of division B of
                                                                         8                                         the CARES Act (Public Law 116–
                                                                         9                                         136) a report regarding covered loans
                                                                       10                                          made to business concerns described
                                                                       11                                          in subclause (I).’’.
                                                                                                                                  Æ




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