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S. 4655, Main Street Lending Improvement Act of 2020

Summary

Senate bill 4655, the Main Street Lending Improvement Act of 2020, introduced in the Senate of the United States on September 22, 2020, by Perdue and referred to the Committee on Banking, Housing, and Urban Affairs. Its printed purpose is to make improvements to the Main Street Lending Program, and for other purposes. Section 2 opens with sense of Congress statements about the Main Street Lending Program, including that the program has not operated as envisioned by Congress, and then sets out an alternative asset test.

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Issuer
Congressional materials
Document type
Bills Bills 116S4655Is Bills 116S4655Is
Case
Bills Bills 116S4655Is Bills 116S4655Is

Cite this document

“S. 4655, Main Street Lending Improvement Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4655is-bills-116s4655is/, SHA-256 c52ce5a516ec2f5043ca2ec9a1dea515230fce3b46dd6bdde3310feb60c0ab98.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                               S. 4655
                                                                          To make improvements to the Main Street Lending Program, and for other
                                                                                                       purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                  SEPTEMBER 22, 2020
                                                                         Mr. PERDUE introduced the following bill; which was read twice and referred
                                                                                to the Committee on Banking, Housing, and Urban Affairs




                                                                                                                 A BILL
                                                                       To make improvements to the Main Street Lending Program,
                                                                                       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 ‘‘Main Street Lending
                                                                         5 Improvement Act of 2020’’.
                                                                         6     SEC. 2. MAIN STREET LENDING PROGRAM.

                                                                         7               (a) SENSE OF CONGRESS.—It is the sense of Con-
                                                                         8 gress that—




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                                                                         9                        (1) the Main Street Lending Program should
                                                                       10                serve as a ‘‘bad bank’’ to hold nonperforming and il-



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                                                                         1               liquid loans during the economic shock triggered by
                                                                         2               the COVID–19 pandemic;
                                                                         3                        (2) the Department of the Treasury and the
                                                                         4               Board of Governors of the Federal Reserve System
                                                                         5               have served as strong guardians of taxpayer monies
                                                                         6               and strived above and beyond their mandates in
                                                                         7               launching the Main Street Lending Program;
                                                                         8                        (3) as of the date of enactment of this Act, the
                                                                         9               Main Street Lending Program has not operated as
                                                                       10                envisioned by Congress;
                                                                       11                         (4) with bankruptcies hitting record highs not
                                                                       12                seen since the 2009 financial crisis, the Main Street
                                                                       13                Lending Program should serve as a vital lifeline to
                                                                       14                stave off a catastrophic wave of bankruptcies by
                                                                       15                small- and medium-sized enterprises;
                                                                       16                         (5) earnings before interest, taxes, depreciation,
                                                                       17                and amortization is not a generally accepted ac-
                                                                       18                counting principal measurement and its calculations
                                                                       19                can vary from one company to the next;
                                                                       20                         (6) the prominence of earnings before interest,
                                                                       21                taxes, depreciation, and amortization only emerged
                                                                       22                in the advent of the leveraged buyout in the 1980s;
                                                                       23                and
                                                                       24                         (7) there are many companies outside of the



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                                                                       25                earnings before interest, taxes, depreciation, and


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                                                                         1               amortization leverage test that can still present
                                                                         2               themselves as growing concerns in a non-COVID
                                                                         3               economy.
                                                                         4               (b) ALTERNATIVE ASSET TEST.—It is the sense of
                                                                         5 Congress that, in carrying out the Main Street Lending
                                                                         6 Program, the Department of the Treasury and the Board
                                                                         7 of Governors of the Federal Reserve System should con-
                                                                         8 sider—
                                                                         9                        (1) using earnings or cash flow metrics as a
                                                                       10                metric for eligibility in the facilities of that Program;
                                                                       11                and
                                                                       12                         (2) providing alternative tests for borrowers be-
                                                                       13                cause earnings before interest, taxes, depreciation,
                                                                       14                and amortization—
                                                                       15                                  (A) is not a one size fits all equation;
                                                                       16                                  (B) ignores the cost of assets and working
                                                                       17                         capital; and
                                                                       18                                  (C) fails to appropriately measure the abil-
                                                                       19                         ity of an entity to generate cash as opposed to
                                                                       20                         an operating cash flow test.
                                                                       21                (c) BOSTON FED HELPLINE.—The Federal Reserve
                                                                       22 Bank of Boston shall, with respect to the operation of the
                                                                       23 Main Street Lending Program—
                                                                       24                         (1) create a lender helpline to address lender-



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                                                                       25                specific questions; and


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                                                                         1                        (2) consider additional guidance and informa-
                                                                         2               tion with the focus aimed at addressing the concerns
                                                                         3               of small and mid-size financial institutions.
                                                                         4               (d) EXEMPTIONS FOR LOANS UNDER $5,000,000.—
                                                                         5 With respect to any loan, the amount of which is less than
                                                                         6 $5,000,000, a financial institution may collect interest on
                                                                         7 the entirety of the loan if a participation in the loan is
                                                                         8 sold to the special purpose vehicle under the Main Street
                                                                         9 Lending Program.
                                                                       10                (e) STREAMLINE MAIN STREET LENDER PARTICIPA-
                                                                       11      TION PROGRAM.—With respect to the Main Street Lend-

                                                                       12 ing Program, for financial institutions with less than
                                                                       13 $25,000,000,000 in assets—
                                                                       14                         (1) the Department of the Treasury and the
                                                                       15                Board of Governors of the Federal Reserve System
                                                                       16                will strive to reduce borrower reporting burdens by
                                                                       17                limiting any reporting requirement to at most once
                                                                       18                a quarter and reduce the amount of data points they
                                                                       19                are required to submit;
                                                                       20                         (2) the Federal Reserve Bank of Boston shall
                                                                       21                verify that the financial institution meets both the
                                                                       22                asset test and is a well capitalized institution under
                                                                       23                the Federal Deposit Insurance Act (12 U.S.C. 1811
                                                                       24                et seq.) and the Federal Credit Union Act (12



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                                                                       25                U.S.C. 1751 et seq.);


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                                                                         1                        (3) the special purpose vehicle under the Pro-
                                                                         2               gram shall purchase 99 percent of the interest in a
                                                                         3               loan participation originated by the financial institu-
                                                                         4               tion under the Program;
                                                                         5                        (4) mortgage debt shall not be included in the
                                                                         6               earnings before interest, taxes, depreciation, and
                                                                         7               amortization leverage test;
                                                                         8                        (5) the financial institution shall collect interest
                                                                         9               on the entirety of a loan, a participation in which is
                                                                       10                sold under the Program; and
                                                                       11                         (6) the Federal Reserve Bank of Boston shall
                                                                       12                provide—
                                                                       13                                  (A) automatic preapproval for institutions
                                                                       14                         under the Program for loans up to $5,000,000;
                                                                       15                         and
                                                                       16                                  (B) that—
                                                                       17                                          (i) the special purpose vehicle under
                                                                       18                                  the Program shall wire 99 percent of the
                                                                       19                                  participation amount to preapproved lend-
                                                                       20                                  ers upon the lender’s uploading of a bor-
                                                                       21                                  rower’s name, W–9, amount, type of Main
                                                                       22                                  Street Loan, and certification of lender’s
                                                                       23                                  receipt of signed loan documents;
                                                                       24                                          (ii) additional borrower and loan in-



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                                                                       25                                  formation and uploading of closing docu-


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                                                                         1                                 ments in the special purpose vehicle portal
                                                                         2                                 may occur within 5 business days of fund-
                                                                         3                                 ing; and
                                                                         4                                         (iii) a borrower may only receive a
                                                                         5                                 loan originated pursuant to the terms of
                                                                         6                                 this subsection once.
                                                                                                                                  Æ




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