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S. 4489, Paycheck Protection Program Integrity Act of 2020

Summary

Senate bill 4489, the Paycheck Protection Program Integrity Act of 2020, introduced in the Senate of the United States on August 6, 2020, by Johnson and referred to the Committee on Small Business and Entrepreneurship. Its printed purpose is to appropriately limit forgiveness of loans under the paycheck protection program and to clarify that records relating to borrowers and loans under the program are subject to disclosure in accordance with applicable law. Section 2 amends the CARES Act to reduce loan forgiveness by the amount of after-tax income of the eligible recipient and, for a nonprofit organization, by the amount of any increase in net assets, up to the covered loan amount.

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Congressional materials
Document type
Bills Bills 116S4489Is Bills 116S4489Is
Case
Bills Bills 116S4489Is Bills 116S4489Is

Cite this document

“S. 4489, Paycheck Protection Program Integrity Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4489is-bills-116s4489is/, SHA-256 a05e4fa2975be1c15456059cd96ac6e2b93cef9d13cdf0deca51a32e2454a1f4.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4489
                                                                       To appropriately limit forgiveness of loans under the paycheck protection
                                                                           program and to clarify that records in the possession, custody, or control
                                                                           of the Federal Government relating to borrowers and loans under the
                                                                           paycheck protection program are subject to disclosure in accordance
                                                                           with applicable law.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                    AUGUST 6, 2020
                                                                        Mr. JOHNSON introduced the following bill; which was read twice and referred
                                                                                to the Committee on Small Business and Entrepreneurship




                                                                                                                 A BILL
                                                                       To appropriately limit forgiveness of loans under the pay-
                                                                          check protection program and to clarify that records
                                                                          in the possession, custody, or control of the Federal
                                                                          Government relating to borrowers and loans under the
                                                                          paycheck protection program are subject to disclosure
                                                                          in accordance with applicable law.

                                                                         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 Integrity Act of 2020’’.




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                                                                         1     SEC. 2. FORGIVENESS AND DISCLOSURE.

                                                                         2              (a) REDUCTION OF FORGIVENESS BASED ON AFTER-
                                                                         3 TAX INCOME AND INCREASES IN NET ASSETS.—
                                                                         4                       (1) IN           GENERAL.—Section                         1106(d) of the
                                                                         5              CARES Act (15 U.S.C. 9005(d)) is amended—
                                                                         6                                 (A) by redesignating paragraph (8) as
                                                                         7                       paragraph (10); and
                                                                         8                                 (B) by inserting after paragraph (7) the
                                                                         9                       following:
                                                                       10                        ‘‘(8) REDUCTION RELATING TO AFTER-TAX IN-
                                                                       11               COME.—The amount of loan forgiveness under this

                                                                       12               section shall be reduced by the amount of after-tax
                                                                       13               income of the eligible recipient for the first taxable
                                                                       14               year ending after the date of issuance of the covered
                                                                       15               loan, up to the amount of the covered loan amount.
                                                                       16                        ‘‘(9) REDUCTION RELATING TO INCREASE IN
                                                                       17               NET ASSETS OF NONPROFIT ORGANIZATIONS.—For

                                                                       18               an eligible recipient that is a nonprofit organization,
                                                                       19               the amount of loan forgiveness under this section
                                                                       20               shall be reduced by the amount of the increase, if
                                                                       21               any, in the net assets of the eligible recipient during
                                                                       22               the 1-year period beginning on the date of issuance
                                                                       23               of the covered loan, up to the amount of the covered
                                                                       24               loan amount.’’.




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                                                                       25                        (2) DOCUMENTATION.—Section 1106(e) of the
                                                                       26               CARES Act (15 U.S.C. 9005(e)) is amended—
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                                                                         1                                 (A) in paragraph (3), by striking ‘‘and’’ at
                                                                         2                       the end;
                                                                         3                                 (B) by redesignating paragraph (4) as
                                                                         4                       paragraph (5); and
                                                                         5                                 (C) by inserting after paragraph (3) the
                                                                         6                       following:
                                                                         7                       ‘‘(4) documentation verifying after-tax income
                                                                         8              and net assets for purposes of paragraphs (8) and
                                                                         9              (9) of subsection (d), including tax filings reported
                                                                       10               to the Internal Revenue Service; and’’.
                                                                       11                        (3) APPLICATION.—The amendments made by
                                                                       12               paragraphs (1) and (2) shall apply to any loan made
                                                                       13               under section 7(a)(36) of the Small Business Act
                                                                       14               (15 U.S.C. 636(a)(36)) on or after the date of en-
                                                                       15               actment of this Act.
                                                                       16               (b)         DISCLOSURE                    OF          INFORMATION.—Section
                                                                       17 7(a)(36) of the Small Business Act (15 U.S.C.
                                                                       18 636(a)(36)) is amended by adding at the end the fol-
                                                                       19 lowing:
                                                                       20                                  ‘‘(T) DISCLOSURE                       OF       INFORMATION.—

                                                                       21                        Nothing in this paragraph shall be construed to
                                                                       22                        limit or modify the duty or authority to disclose
                                                                       23                        a record in the possession, custody, or control




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                                                                       24                        of the Federal Government that relates to an
                                                                       25                        eligible recipient that receives a covered loan or


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                                                                         1                       to such covered loan (without regard to the
                                                                         2                       amount of the covered loan, the number of em-
                                                                         3                       ployees of the eligible recipient, or other fac-
                                                                         4                       tors)—
                                                                         5                                        ‘‘(i) to the public in accordance with
                                                                         6                                 section 552 of title 5, United States Code
                                                                         7                                 (commonly known as the ‘‘Freedom of In-
                                                                         8                                 formation Act’’);
                                                                         9                                        ‘‘(ii) to the Commissioner of Internal
                                                                       10                                  Revenue, the inspector general of an agen-
                                                                       11                                  cy, the Pandemic Recovery Accountability
                                                                       12                                  Committee, a committee or member of
                                                                       13                                  Congress, or another officer or employee of
                                                                       14                                  the Federal Government in accordance
                                                                       15                                  with applicable law; or
                                                                       16                                         ‘‘(iii) to another person or entity in
                                                                       17                                  accordance with applicable law.’’.
                                                                                                                                  Æ




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