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S. 3918, Paycheck Protection for Producers Act

Summary

Senate bill 3918 of the 116th Congress, 2D Session, is the Paycheck Protection for Producers Act. Thune introduced it on June 9, 2020 with Baldwin, and it was referred to the Committee on Small Business and Entrepreneurship. It would modify the calculation of the maximum loan amount for certain farmers and ranchers under the paycheck protection program. A covered recipient is an eligible recipient that operates as a sole proprietorship or independent contractor or is an eligible self-employed individual, reports farm income or expenses on a Schedule F (or any equivalent successor schedule), and was in business during a period ending on June 30, 2019. It also provides for recalculating the maximum loan amount where that would result in a larger covered loan amount.

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Issuer
Congressional materials
Document type
Bills Bills 116S3918Is Bills 116S3918Is
Case
Bills Bills 116S3918Is Bills 116S3918Is

Cite this document

“S. 3918, Paycheck Protection for Producers Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3918is-bills-116s3918is/, SHA-256 af872f1fd01ff3d22b997dad84a50bd100d4efad7e67e86cd87b9c476858de26.

Full text

                                                                                                                                                                        II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                            S. 3918
                                                                     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 SENATE OF THE UNITED STATES
                                                                                                  JUNE 9, 2020
                                                                     Mr. THUNE (for himself and Ms. BALDWIN) introduced the following bill;
                                                                         which was read twice and referred to the Committee on Small Business
                                                                         and Entrepreneurship




                                                                                                               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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                                                                       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.


                                                                                 •S 3918 IS

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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
                                                                     24                                                   covered loan, not including any




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                                                                     25                                                   amount of any advance under the


                                                                                 •S 3918 IS

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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
                                                                     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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