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S. 4027 — TRACE Act — Disclosure of PPP Loans — To Amend the Small Business Act (116th Congress, 2d Session)

Summary

Senate bill 4027 of the 116th Congress, 2D Session, is the TRACE Act. Ernst introduced it on June 22, 2020, and it was referred to the Committee on Homeland Security and Governmental Affairs. It amends the Small Business Act to require Members of Congress, spouses of Members of Congress, and employees of Congress who receive a loan under the paycheck protection program to submit a financial disclosure form. The applicable officer is the Secretary of the Senate or the Clerk of the House of Representatives, depending on the person. Each applicable officer must make each submitted financial disclosure available on a publicly available website.

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Congressional materials

Cite this document

“S. 4027 — TRACE Act — Disclosure of PPP Loans — To Amend the Small Business Act (116th Congress, 2d Session).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4027is-bills-116s4027is/, SHA-256 609f62fdfaa6f87f51b3b2ae2a9dfc95c3c087c5c3feba7f786b6e75ac8b8237.

Full text

                                                                                                                                                                         II




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                              S. 4027
                                                                     To amend the Small Business Act to require Members of Congress, spouses
                                                                         of Members of Congress, and employees of Congress who receive a
                                                                         loan under the paycheck protection program to submit a financial disclo-
                                                                         sure form.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                                                     JUNE 22, 2020
                                                                        Ms. ERNST introduced the following bill; which was read twice and referred
                                                                            to the Committee on Homeland Security and Governmental Affairs




                                                                                                                 A BILL
                                                                     To amend the Small Business Act to require Members of
                                                                        Congress, spouses of Members of Congress, and employ-
                                                                        ees of Congress who receive a loan under the paycheck
                                                                        protection program to submit a financial disclosure form.

                                                                        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 ‘‘Transparency Require-
                                                                        5 ments Aimed at Congressional Expenditures Act’’ or the
                                                                        6 ‘‘TRACE Act’’.




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                                                                                                                                 2
                                                                        1        SEC. 2. DISCLOSURE OF PPP LOANS.

                                                                        2               (a) IN GENERAL.—Section 7(a)(36) of the Small
                                                                        3 Business Act (15 U.S.C. 636(a)(36)) is amended by add-
                                                                        4 ing at the end the following:
                                                                        5                                 ‘‘(T) DISCLOSURE OF RECEIPT.—
                                                                        6                                         ‘‘(i) DEFINITIONS.—In this subpara-
                                                                        7                                 graph—
                                                                        8                                                  ‘‘(I) the term ‘applicable officer’
                                                                        9                                         means—
                                                                     10                                                              ‘‘(aa) the Secretary of the
                                                                     11                                                    Senate, in the case of the Vice
                                                                     12                                                    President, a Senator, the spouse
                                                                     13                                                    of a Senator, or an employee of
                                                                     14                                                    Congress whose compensation is
                                                                     15                                                    disbursed by the Secretary of the
                                                                     16                                                    Senate; or
                                                                     17                                                              ‘‘(bb)         the          Clerk   of    the
                                                                     18                                                    House of Representatives, in the
                                                                     19                                                    case of a Representative in Con-
                                                                     20                                                    gress, a Delegate to Congress,
                                                                     21                                                    the Resident Commissioner from
                                                                     22                                                    Puerto Rico, the spouse of a
                                                                     23                                                    Representative in Congress, a
                                                                     24                                                    Delegate to Congress, or the




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                                                                     25                                                    Resident               Commissioner                from
                                                                     26                                                    Puerto Rico, or an employee of
                                                                                   •S 4027 IS

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                                                                                                                                3
                                                                        1                                                 Congress whose compensation is
                                                                        2                                                 disbursed by the Chief Adminis-
                                                                        3                                                 trator Officer of the House of
                                                                        4                                                 Representatives;
                                                                        5                                                 ‘‘(II) the term ‘employee of Con-
                                                                        6                                        gress’ means an employee of the per-
                                                                        7                                        sonal office of a Member of Congress,
                                                                        8                                        of a committee of the Senate or the
                                                                        9                                        House of Representatives, or of a
                                                                     10                                          joint committee of Congress; and
                                                                     11                                                   ‘‘(III) the term ‘Member of Con-
                                                                     12                                          gress’ has the meaning given that
                                                                     13                                          term in section 2106 of title 5, United
                                                                     14                                          States Code.
                                                                     15                                          ‘‘(ii) DISCLOSURE.—
                                                                     16                                                   ‘‘(I) IN GENERAL.—If an eligible
                                                                     17                                          recipient owned or controlled by a
                                                                     18                                          Member of Congress, spouse of a
                                                                     19                                          Member of Congress, or employee of
                                                                     20                                          Congress receives a covered loan, the
                                                                     21                                          Member of Congress, spouse of a
                                                                     22                                          Member of Congress, or employee of
                                                                     23                                          Congress, respectively, shall submit to
                                                                     24                                          the applicable officer a financial dis-



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                                                                     25                                          closure, which shall include—


                                                                                  •S 4027 IS

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                                                                                                                                4
                                                                        1                                                           ‘‘(aa) the name and address
                                                                        2                                                 of the principal place of business
                                                                        3                                                 for the eligible recipient receiving
                                                                        4                                                 the covered loan; and
                                                                        5                                                           ‘‘(bb) the amount of the cov-
                                                                        6                                                 ered loan.
                                                                        7                                                 ‘‘(II) DEADLINE.—A Member of
                                                                        8                                        Congress, spouse of a Member of Con-
                                                                        9                                        gress, or employee of Congress shall
                                                                     10                                          submit a financial disclosure required
                                                                     11                                          under subclause (I)—
                                                                     12                                                             ‘‘(aa) for a covered loan
                                                                     13                                                   made on or after the date of en-
                                                                     14                                                   actment of the TRACE Act, not
                                                                     15                                                   later than 15 days after the date
                                                                     16                                                   on which the loan is made; and
                                                                     17                                                             ‘‘(bb) for a covered loan
                                                                     18                                                   made before such date of enact-
                                                                     19                                                   ment, not later than 15 days
                                                                     20                                                   after such date of enactment.
                                                                     21                                          ‘‘(iii) AVAILABILITY.—Each applicable
                                                                     22                                  officer shall make available on a publicly
                                                                     23                                  available website each financial disclosure




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                                                                                                                                5
                                                                        1                                submitted to the applicable officer under
                                                                        2                                clause (ii).’’.
                                                                                                                                Æ




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