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S. 4607, Disaster Relief for Southeastern Small Businesses Act

Summary

Senate bill 4607, the Disaster Relief for Southeastern Small Businesses Act of 2020, introduced in the Senate of the United States on September 17, 2020, by Kennedy with Jones and referred to the Committee on Finance. Its printed purpose is to provide forgiveness for paycheck protection program and economic injury disaster loans related to COVID–19 made to businesses that are located in an area for which the President declared a major disaster related to Hurricane Laura or Hurricane Sally. Section 2 defines covered area, covered entity and covered loan and provides that a covered entity shall receive forgiveness. The Act applies to covered loans made before, on, or after the date of enactment.

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Issuer
Congressional materials
Document type
Bills Bills 116S4607Is Bills 116S4607Is
Case
Bills Bills 116S4607Is Bills 116S4607Is

Cite this document

“S. 4607, Disaster Relief for Southeastern Small Businesses Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4607is-bills-116s4607is/, SHA-256 dd9c44901f153b37de8c0c64d235f12e3bb6c08397cc5e94aaac670a373d8010.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4607
                                                                       To provide forgiveness for paycheck protection program and economic injury
                                                                           disaster loans related to COVID–19 made to businesses that are located
                                                                           in an area for which the President declared a major disaster related
                                                                           to Hurricane Laura or Hurricane Sally, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                   SEPTEMBER 17, 2020
                                                                           Mr. KENNEDY (for himself and Mr. JONES) introduced the following bill;
                                                                               which was read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                       To provide forgiveness for paycheck protection program and
                                                                          economic injury disaster loans related to COVID–19
                                                                          made to businesses that are located in an area for which
                                                                          the President declared a major disaster related to Hurri-
                                                                          cane Laura or Hurricane Sally, 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 ‘‘Disaster Relief for
                                                                         5 Southeastern Small Businesses Act of 2020’’.




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                                                                         1     SEC. 2. LOAN FORGIVENESS FOR BUSINESSES LOCATED IN

                                                                         2                             MAJOR DISASTER AREAS.

                                                                         3              (a) DEFINITIONS.—In this section:
                                                                         4                       (1) ADMINISTRATOR.—The term ‘‘Adminis-
                                                                         5              trator’’ means the Administrator of the Small Busi-
                                                                         6              ness Administration.
                                                                         7                       (2) COVERED DISASTER.—The term ‘‘covered
                                                                         8              area’’ means an area for which the President de-
                                                                         9              clared a major disaster under section 401 of the
                                                                       10               Robert T. Stafford Disaster Relief and Emergency
                                                                       11               Assistance Act (42 U.S.C. 5170) related to Hurri-
                                                                       12               cane Laura or Hurricane Sally.
                                                                       13                        (3) COVERED ENTITY.—The term ‘‘covered en-
                                                                       14               tity’’ means any entity—
                                                                       15                                  (A) the principal place of business of which
                                                                       16                        is located in a covered area; and
                                                                       17                                  (B) that received a covered loan.
                                                                       18                        (4) COVERED LOAN.—The term ‘‘covered loan’’
                                                                       19               means a loan made under—
                                                                       20                                  (A) section 7(a)(36) of the Small Business
                                                                       21                        Act (15 U.S.C. 636(a)(36)); or
                                                                       22                                  (B) section 7(b)(2) of the Small Business
                                                                       23                        Act (15 U.S.C. 636(b)(2)) related to COVID–
                                                                       24                        19.




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                                                                       25               (b) LOAN FORGIVENESS.—


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                                                                         1                       (1) IN            GENERAL.—Notwithstanding                               section
                                                                         2              1106 of the CARES Act (15 U.S.C. 9005), a cov-
                                                                         3              ered entity shall receive forgiveness of indebtedness
                                                                         4              on a covered loan in an amount equal to the covered
                                                                         5              loan amount if the covered entity submits to the
                                                                         6              lender of the covered loan a one-page online or paper
                                                                         7              form, to be established by the Administrator not
                                                                         8              later than 7 days after the date of enactment of this
                                                                         9              Act, that attests that the covered entity used the
                                                                       10               covered loan proceeds for eligible activities as de-
                                                                       11               scribed in paragraph (a)(36) or (b)(2) of section 7
                                                                       12               of the Small Business Act (15 U.S.C. 636), as appli-
                                                                       13               cable.
                                                                       14                        (2) REVIEW AND AUDIT.—The Administrator
                                                                       15               may review and audit covered loans for which for-
                                                                       16               giveness is provided to covered entities under para-
                                                                       17               graph (1) using the same process used for loans
                                                                       18               made under section 7(a)(36) of the Small Business
                                                                       19               Act (15 U.S.C. 636(a)(36)).
                                                                       20                        (3) TAXABILITY.—For purposes of the Internal
                                                                       21               Revenue Code of 1986—
                                                                       22                                  (A) any amount which (but for this para-
                                                                       23                        graph) would be includible in gross income of




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                                                                       24                        the covered entity by reason of forgiveness de-




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                                                                                                                                  4
                                                                         1                       scribed in paragraph (1) shall be excluded from
                                                                         2                       gross income; and
                                                                         3                                 (B) no deduction shall be denied or re-
                                                                         4                       duced, no tax attribute shall be reduced, and no
                                                                         5                       basis increase shall be denied, by reason of the
                                                                         6                       exclusion from gross income provided by sub-
                                                                         7                       paragraph (A).
                                                                         8              (c) INAPPLICABILITY OF EIDL ADVANCE AMOUNT
                                                                         9     TO PPP LOAN FORGIVENESS AMOUNT.—Notwithstanding

                                                                       10 paragraph (6) of section 1110(e) of the CARES Act (15
                                                                       11 U.S.C. 9009(e)), with respect to a covered entity that re-
                                                                       12 ceived an advance grant under such section 1110(e), the
                                                                       13 advance amount shall not be reduced from the loan for-
                                                                       14 giveness amount for a loan for payroll costs made to the
                                                                       15 covered entity under section 7(a)(36) of the Small Busi-
                                                                       16 ness Act (15 U.S.C. 636(a)(36)).
                                                                       17               (d) APPLICABILITY.—This Act shall apply with re-
                                                                       18 spect to covered loans and advance grants under section
                                                                       19 1110(e) of the CARES Act (15 U.S.C. 9009(e)) made to
                                                                       20 a covered entity before, on, or after the date of enactment
                                                                       21 of this Act.
                                                                                                                                  Æ




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