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S. 3805, Paycheck Protection Program Flexibility Act of 2020

Summary

S. 3805 was introduced in the Senate on May 21, 2020, by King for himself, Daines, Kaine, Tillis, Stabenow, and Gardner, and referred to the Committee on Finance. It may be cited as the Paycheck Protection Program Flexibility Act of 2020. Section 3 amends section 7(a)(36)(A)(iii) of the Small Business Act to extend the covered period to December 31, 2020. It also adds an exemption from reductions in full-time equivalent employees for loan forgiveness if an eligible recipient is unable to rehire an individual who was an employee on or before February 15, 2020. Section 4 amends section 2302(a) of the CARES Act by striking paragraph (3).

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Issuer
Congressional materials
Document type
Bills Bills 116S3805Is Bills 116S3805Is
Case
Bills Bills 116S3805Is Bills 116S3805Is

Cite this document

“S. 3805, Paycheck Protection Program Flexibility Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3805is-bills-116s3805is/, SHA-256 0136d09e4238ac620f729a5b7275a27136b6249cfe9a965733b47a96e4ef7e62.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 3805
                                                                       To amend the Small Business Act and the CARES Act to modify certain
                                                                           provisions related to the forgiveness of loans under the paycheck protec-
                                                                           tion program, to allow recipients of loan forgiveness under the paycheck
                                                                           protection program to defer payroll taxes, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                     MAY 21, 2020
                                                                       Mr. KING (for himself, Mr. DAINES, Mr. KAINE, Mr. TILLIS, Ms. STABENOW,
                                                                           and Mr. GARDNER) introduced the following bill; which was read twice
                                                                           and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                       To amend the Small Business Act and the CARES Act
                                                                          to modify certain provisions related to the forgiveness
                                                                          of loans under the paycheck protection program, to allow
                                                                          recipients of loan forgiveness under the paycheck protec-
                                                                          tion program to defer payroll taxes, and for other pur-
                                                                          poses.

                                                                         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




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                                                                         5 Program Flexibility Act of 2020’’.




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                                                                         1     SEC. 2. MATURITY FOR LOANS WITH REMAINING BALANCE

                                                                         2                             AFTER APPLICATION OF FORGIVENESS.

                                                                         3              Section 7(a)(36)(K)(ii) of the Small Business Act (15
                                                                         4 U.S.C. 636(a)(36)(K)(ii)) is amended by inserting ‘‘min-
                                                                         5 imum maturity of 5 years and a’’ before ‘‘maximum matu-
                                                                         6 rity’’.
                                                                         7     SEC. 3. AMENDMENTS TO PAYCHECK PROTECTION PRO-

                                                                         8                             GRAM LOAN FORGIVENESS.

                                                                         9              (a) EXTENSION                      OF         COVERED PERIOD.—Section
                                                                       10 7(a)(36)(A)(iii) of the Small Business Act (15 U.S.C.
                                                                       11 636(a)(36)(A)(iii)) is amended by striking ‘‘June 30,
                                                                       12 2020’’ and inserting ‘‘December 31, 2020’’.
                                                                       13               (b) FORGIVENESS.—Section 1106 of the CARES Act
                                                                       14 (Public Law 116–136) is amended—
                                                                       15                         (1) in subsection (a), by striking paragraph (3)
                                                                       16               and inserting the following:
                                                                       17                         ‘‘(3) the term ‘covered period’ means, subject to
                                                                       18               subsection (l), the period beginning on the date of
                                                                       19               the origination of a covered loan and ending the ear-
                                                                       20               lier of—
                                                                       21                                  ‘‘(A) the date that is 24 weeks after such
                                                                       22                         date of origination; or
                                                                       23                                  ‘‘(B) December 31, 2020;’’;
                                                                       24                         (2) in subsection (d)—




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                                                                         1                                 (A) in paragraph (5)(B), by striking ‘‘June
                                                                         2                        30, 2020’’ each place it appears and inserting
                                                                         3                        ‘‘December 31, 2020’’; and
                                                                         4                                 (B) by adding at the end the following:
                                                                         5                        ‘‘(7) EXEMPTION BASED ON EMPLOYEE AVAIL-
                                                                         6              ABILITY.—During the period beginning on February

                                                                         7              15, 2020, and ending on December 31, 2020, the
                                                                         8              amount of loan forgiveness under this section shall
                                                                         9              be determined without regard to a reduction in the
                                                                       10               number of full-time equivalent employees if an eligi-
                                                                       11               ble recipient—
                                                                       12                                  ‘‘(A) is unable to rehire an individual who
                                                                       13                         was an employee of the eligible recipient on or
                                                                       14                         before February 15, 2020;
                                                                       15                                  ‘‘(B) is able to demonstrate an inability to
                                                                       16                         hire similarly qualified employees on or before
                                                                       17                         December 31, 2020; or
                                                                       18                                  ‘‘(C) is able to demonstrate an inability to
                                                                       19                         return to the same level of business activity as
                                                                       20                         the eligible recipient was operating at before
                                                                       21                         February 15, 2020.
                                                                       22                         ‘‘(8) NO LIMITATIONS.—In carrying out this
                                                                       23               section, the Administrator may not limit the non-
                                                                       24               payroll            portion         of         a   forgivable              covered   loan



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                                                                       25               amount;’’; and


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                                                                         1                        (3) by adding at the end the following new sub-
                                                                         2              section:
                                                                         3              ‘‘(l) APPLICATION TO CERTAIN ELIGIBLE RECIPI-
                                                                         4     ENTS.—An eligible recipient that received a covered loan

                                                                         5 before the date of enactment of this subsection may elect
                                                                         6 for the covered period applicable to such covered loan to
                                                                         7 end on the date that is 8 weeks after the date of the origi-
                                                                         8 nation of such covered loan.’’.
                                                                         9     SEC. 4. DELAY OF PAYMENT OF EMPLOYER PAYROLL

                                                                       10                              TAXES.

                                                                       11               Section 2302(a) of the CARES Act (Public Law 116–
                                                                       12 136) is amended by striking paragraph (3).
                                                                       13      SEC. 5. EFFECTIVE DATE; APPLICABILITY.

                                                                       14               The amendments made by this Act shall be effective
                                                                       15 as if included in the CARES Act (Public Law 116–136)
                                                                       16 and shall apply to any loan made pursuant to section
                                                                       17 7(a)(36) of the Small Business Act (15 U.S.C.
                                                                       18 636(a)(36)) or section 1109 of the CARES Act (Public
                                                                       19 Law 116–136).
                                                                                                                                  Æ




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