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S. 4773, Continuing the Paycheck Protection Program Act

Summary

S. 4773, the Continuing the Paycheck Protection Program Act, Calendar No. 562, was introduced September 30 (legislative day, September 29), 2020 by Ms. Collins (for herself and Mr. Rubio). It was read the first time October 1, 2020, then read the second time and placed on the calendar. It is a bill to establish the Paycheck Protection Program Second Draw Loan. Section 2 requires the Administrator, not later than 30 days after enactment, to issue regulations without regard to the notice requirements under section 553(b) of title 5, United States Code, and addresses additional eligible expenses.

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Bills Bills 116S4773Pcs Bills 116S4773Pcs
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Bills Bills 116S4773Pcs Bills 116S4773Pcs

Cite this document

“S. 4773, Continuing the Paycheck Protection Program Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4773pcs-bills-116s4773pcs/, SHA-256 c05d34660c8be41f32b82897bc7b266c8162513043b0d74e8ae2e8ea7e5381f4.

Full text

                                                                                                                                                                         II




                                                                                                                                        Calendar No. 562
                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                             S. 4773
                                                                        To establish the Paycheck Protection Program Second Draw Loan, and for
                                                                                                     other purposes.




                                                                                 IN THE SENATE OF THE UNITED STATES
                                                                               SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020
                                                                      Ms. COLLINS (for herself and Mr. RUBIO) introduced the following bill; which
                                                                                                was read the first time

                                                                                                            OCTOBER 1, 2020
                                                                                              Read the second time and placed on the calendar




                                                                                                               A BILL
                                                                      To establish the Paycheck Protection Program Second Draw
                                                                                     Loan, 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 ‘‘Continuing the Pay-
                                                                       5 check Protection Program Act’’.
                                                                       6     SEC. 2. SMALL BUSINESS RECOVERY.




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                                                                       7               (a) DEFINITIONS.—In this section:



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                                                                       1                        (1) ADMINISTRATION;                           ADMINISTRATOR.—The

                                                                       2               terms ‘‘Administration’’ and ‘‘Administrator’’ mean
                                                                       3               the Small Business Administration and the Adminis-
                                                                       4               trator thereof, respectively.
                                                                       5                        (2) SMALL               BUSINESS              CONCERN.—The               term
                                                                       6               ‘‘small business concern’’ has the meaning given the
                                                                       7               term in section 3 of the Small Business Act (15
                                                                       8               U.S.C. 632).
                                                                       9               (b) EMERGENCY RULEMAKING AUTHORITY.— Not
                                                                     10 later than 30 days after the date of enactment of this Act,
                                                                     11 the Administrator shall issue regulations to carry out this
                                                                     12 section and the amendments made by this section without
                                                                     13 regard to the notice requirements under section 553(b) of
                                                                     14 title 5, United States Code.
                                                                     15                (c) ADDITIONAL ELIGIBLE EXPENSES.—
                                                                     16                         (1) ALLOWABLE USE OF PPP LOAN.—Section
                                                                     17                7(a)(36)(F)(i) of the Small Business Act (15 U.S.C.
                                                                     18                636(a)(36)(F)(i)) is amended—
                                                                     19                                  (A) in subclause (VI), by striking ‘‘and’’ at
                                                                     20                         the end;
                                                                     21                                  (B) in subclause (VII), by striking the pe-
                                                                     22                         riod at the end and inserting a semicolon; and
                                                                     23                                  (C) by adding at the end the following:
                                                                     24                                                   ‘‘(VIII) covered operations ex-



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                                                                     25                                          penditures, as defined in section


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                                                                       1                                         1106(a) of the CARES Act (15
                                                                       2                                         U.S.C. 9005(a));
                                                                       3                                                  ‘‘(IX) covered property damage
                                                                       4                                         costs, as defined in such section
                                                                       5                                         1106(a);
                                                                       6                                                  ‘‘(X) covered supplier costs, as
                                                                       7                                         defined in such section 1106(a); and
                                                                       8                                                  ‘‘(XI) covered worker protection
                                                                       9                                         expenditures, as defined in such sec-
                                                                     10                                          tion 1106(a).’’.
                                                                     11                         (2) LOAN FORGIVENESS.—Section 1106 of the
                                                                     12                CARES Act (15 U.S.C. 9005) is amended—
                                                                     13                                  (A) in subsection (a)—
                                                                     14                                          (i) by redesignating paragraphs (6),
                                                                     15                                  (7), and (8) as paragraphs (10), (11), and
                                                                     16                                  (12), respectively;
                                                                     17                                          (ii) by redesignating paragraph (5) as
                                                                     18                                  paragraph (8);
                                                                     19                                          (iii) by redesignating paragraph (4) as
                                                                     20                                  paragraph (6);
                                                                     21                                          (iv) by redesignating paragraph (3) as
                                                                     22                                  paragraph (4);
                                                                     23                                          (v) by inserting after paragraph (2)
                                                                     24                                  the following:



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                                                                       1                        ‘‘(3) the term ‘covered operations expenditure’
                                                                       2               means a payment for any business software or cloud
                                                                       3               computing service that facilitates business oper-
                                                                       4               ations, product or service delivery, the processing,
                                                                       5               payment, or tracking of payroll expenses, human re-
                                                                       6               sources, sales and billing functions, or accounting or
                                                                       7               tracking of supplies, inventory, records and ex-
                                                                       8               penses;’’;
                                                                       9                                         (vi) by inserting after paragraph (4),
                                                                     10                                  as so redesignated, the following:
                                                                     11                         ‘‘(5) the term ‘covered property damage cost’
                                                                     12                means a cost related to property damage and van-
                                                                     13                dalism or looting due to public disturbances that oc-
                                                                     14                curred during 2020 that was not covered by insur-
                                                                     15                ance or other compensation;’’;
                                                                     16                                          (vii) by inserting after paragraph (6),
                                                                     17                                  as so redesignated, the following:
                                                                     18                         ‘‘(5) the term ‘covered supplier cost’ means an
                                                                     19                expenditure made by an entity to a supplier of goods
                                                                     20                pursuant to a contract, order, or purchase order in
                                                                     21                effect before October 1, 2020 for the supply of goods
                                                                     22                that are essential to the operations of the entity at
                                                                     23                the time at which the expenditure is made;’’;
                                                                     24                                          (viii) by inserting after paragraph (8),



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                                                                     25                                  as so redesignated, the following:


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                                                                       1                        ‘‘(9) the term ‘covered worker protection ex-
                                                                       2               penditure’—
                                                                       3                                 ‘‘(A) means an operating or a capital ex-
                                                                       4                        penditure that is required to facilitate the adap-
                                                                       5                        tation of the business activities of an entity to
                                                                       6                        comply with requirements established or guid-
                                                                       7                        ance issued by the Department of Health and
                                                                       8                        Human Services, the Centers for Disease Con-
                                                                       9                        trol, or the Occupational Safety and Health Ad-
                                                                     10                         ministration during the period beginning on
                                                                     11                         March 1, 2020 and ending the date on which
                                                                     12                         the national emergency declared by the Presi-
                                                                     13                         dent under the National Emergencies Act (50
                                                                     14                         U.S.C. 1601 et seq.) with respect to the
                                                                     15                         Coronavirus Disease 2019 (COVID–19) expires
                                                                     16                         related to the maintenance of standards for
                                                                     17                         sanitation, social distancing, or any other work-
                                                                     18                         er or customer safety requirement related to
                                                                     19                         COVID–19;
                                                                     20                                  ‘‘(B) may include—
                                                                     21                                          ‘‘(i) the purchase, maintenance, or
                                                                     22                                  renovation of assets that create or ex-
                                                                     23                                  pand—
                                                                     24                                                   ‘‘(I) a drive-through window fa-



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                                                                     25                                          cility;


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                                                                       1                                                  ‘‘(II) an indoor, outdoor, or com-
                                                                       2                                         bined air or air pressure ventilation or
                                                                       3                                         filtration system;
                                                                       4                                                  ‘‘(III) a physical barrier such as
                                                                       5                                         a sneeze guard;
                                                                       6                                                  ‘‘(IV) an indoor, outdoor, or com-
                                                                       7                                         bined commercial real property;
                                                                       8                                                  ‘‘(V) an onsite or offsite health
                                                                       9                                         screening capability; or
                                                                     10                                                   ‘‘(VI) other assets relating to the
                                                                     11                                          compliance with the requirements or
                                                                     12                                          guidance described in subparagraph
                                                                     13                                          (A), as determined by the Adminis-
                                                                     14                                          trator in consultation with the Sec-
                                                                     15                                          retary of Health and Human Services
                                                                     16                                          and the Secretary of Labor; and
                                                                     17                                          ‘‘(ii) the purchase of—
                                                                     18                                                   ‘‘(I) covered materials described
                                                                     19                                          in section 328.103(a) of title 44, Code
                                                                     20                                          of Federal Regulations, or any suc-
                                                                     21                                          cessor regulation;
                                                                     22                                                   ‘‘(II) particulate filtering face-
                                                                     23                                          piece respirators approved by the Na-
                                                                     24                                          tional Institute for Occupational Safe-



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                                                                     25                                          ty and Health, including those ap-


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                                                                       1                                         proved only for emergency use author-
                                                                       2                                         ization; or
                                                                       3                                                  ‘‘(III) other kinds of personal
                                                                       4                                         protective equipment, as determined
                                                                       5                                         by the Administrator in consultation
                                                                       6                                         with the Secretary of Health and
                                                                       7                                         Human Services and the Secretary of
                                                                       8                                         Labor; and
                                                                       9                                 ‘‘(C) does not include residential real prop-
                                                                     10                         erty or intangible property;’’; and
                                                                     11                                          (ix) in paragraph (11), as so redesig-
                                                                     12                                  nated—
                                                                     13                                                   (I) in subparagraph (C), by strik-
                                                                     14                                          ing ‘‘and’’ at the end;
                                                                     15                                                   (II) in subparagraph (D), by
                                                                     16                                          striking ‘‘and’’ at the end; and
                                                                     17                                                   (III) by adding at the end the
                                                                     18                                          following:
                                                                     19                                  ‘‘(E) covered operations expenditures;
                                                                     20                                  ‘‘(F) covered property damage costs;
                                                                     21                                  ‘‘(G) covered supplier costs; and
                                                                     22                                  ‘‘(H) covered worker protection expendi-
                                                                     23                         tures; and’’;
                                                                     24                                  (B) in subsection (b), by adding at the end



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                                                                     25                         the following:


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                                                                       1                        ‘‘(5) Any covered operations expenditure.
                                                                       2                        ‘‘(6) Any covered property damage cost.
                                                                       3                        ‘‘(7) Any covered supplier cost.
                                                                       4                        ‘‘(8) Any covered worker protection expendi-
                                                                       5               ture.’’;
                                                                       6                                 (C) in subsection (d)(8), by inserting ‘‘any
                                                                       7                        payment on any covered operations expenditure,
                                                                       8                        any payment on any covered property damage
                                                                       9                        cost, any payment on any covered supplier cost,
                                                                     10                         any payment on any covered worker protection
                                                                     11                         expenditure,’’ after ‘‘rent obligation,’’; and
                                                                     12                                  (D) in subsection (e)—
                                                                     13                                          (i) in paragraph (2), by inserting
                                                                     14                                  ‘‘payments on covered operations expendi-
                                                                     15                                  tures, payments on covered property dam-
                                                                     16                                  age costs, payments on covered supplier
                                                                     17                                  costs, payments on covered worker protec-
                                                                     18                                  tion expenditures,’’ after ‘‘lease obliga-
                                                                     19                                  tions,’’; and
                                                                     20                                          (ii) in paragraph (3)(B), by inserting
                                                                     21                                  ‘‘make payments on covered operations ex-
                                                                     22                                  penditures, make payments on covered
                                                                     23                                  property damage costs, make payments on
                                                                     24                                  covered supplier costs, make payments on



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                                                                       1                                 covered worker protection expenditures,’’
                                                                       2                                 after ‘‘rent obligation,’’.
                                                                       3               (d) LENDER SAFE HARBOR.—Subsection (h) of sec-
                                                                       4 tion 1106 of the CARES Act (15 U.S.C. 9005) is amended
                                                                       5 to read as follows:
                                                                       6               ‘‘(h) HOLD HARMLESS.—
                                                                       7                        ‘‘(1) IN GENERAL.—A lender may rely on any
                                                                       8               certification or documentation submitted by an ap-
                                                                       9               plicant for a covered loan or an eligible recipient of
                                                                     10                a covered loan that—
                                                                     11                                  ‘‘(A) is submitted pursuant to any statu-
                                                                     12                         tory requirement relating to covered loans or
                                                                     13                         any rule or guidance issued to carry out any ac-
                                                                     14                         tion relating to covered loans; and
                                                                     15                                  ‘‘(B) attests that the applicant or eligible
                                                                     16                         recipient, as applicable, has accurately verified
                                                                     17                         any certification or documentation provided to
                                                                     18                         the lender.
                                                                     19                         ‘‘(2) NO ENFORCEMENT ACTION.—With respect
                                                                     20                to a lender that relies on a certification or docu-
                                                                     21                mentation described in paragraph (1)—
                                                                     22                                  ‘‘(A) an enforcement action may not be
                                                                     23                         taken against the lender acting in good faith re-
                                                                     24                         lating to origination or forgiveness of a covered



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                                                                     25                         loan based on such reliance; and


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                                                                       1                                 ‘‘(B) the lender acting in good faith shall
                                                                       2                        not be subject to any penalties relating to origi-
                                                                       3                        nation or forgiveness of a covered loan based on
                                                                       4                        such reliance.’’.
                                                                       5               (e) SELECTION OF COVERED PERIOD FOR FORGIVE-
                                                                       6     NESS.—Section 1106 of the CARES Act (15 U.S.C. 9005)

                                                                       7 is amended—
                                                                       8                        (1) by amending paragraph (4) of subsection
                                                                       9               (a), as so redesignated by subsection (c) of this sec-
                                                                     10                tion, to read as follows:
                                                                     11                         ‘‘(4) the term ‘covered period’ means the pe-
                                                                     12                riod—
                                                                     13                                  ‘‘(A) beginning on the date of the origina-
                                                                     14                         tion of a covered loan; and
                                                                     15                                  ‘‘(B) ending on a date selected by the eligi-
                                                                     16                         ble recipient of the covered loan that occurs
                                                                     17                         during the period—
                                                                     18                                          ‘‘(i) beginning on the date that is 8
                                                                     19                                  weeks after such date of origination; and
                                                                     20                                          ‘‘(ii) ending on the date that is 24
                                                                     21                                  weeks after such date of origination;’’; and
                                                                     22                         (2) by striking subsection (l).
                                                                     23                (f) SIMPLIFIED APPLICATION.—Section 1106 of the
                                                                     24 CARES Act (15 U.S.C. 9005), as amended by subsection



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                                                                     25 (e) of this section, is amended—


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                                                                       1                        (1) in subsection (e), in the matter preceding
                                                                       2               paragraph (1), by striking ‘‘An eligible’’ and insert-
                                                                       3               ing ‘‘Except as provided in subsection (l), an eligi-
                                                                       4               ble’’;
                                                                       5                        (2) in subsection (f), by inserting ‘‘or the infor-
                                                                       6               mation required under subsection (l), as applicable’’
                                                                       7               after ‘‘subsection (e)’’; and
                                                                       8                        (3) by adding at the end the following:
                                                                       9               ‘‘(l) SIMPLIFIED APPLICATION.—
                                                                     10                         ‘‘(1) COVERED LOANS UNDER $150,000.—
                                                                     11                                  ‘‘(A) IN GENERAL.—Notwithstanding sub-
                                                                     12                         section (e), with respect to a covered loan made
                                                                     13                         to an eligible recipient that is not more than
                                                                     14                         $150,000, the covered loan amount shall be for-
                                                                     15                         given under this section if the eligible recipi-
                                                                     16                         ent—
                                                                     17                                          ‘‘(i) signs and submits to the lender a
                                                                     18                                  one-page online or paper form, to be estab-
                                                                     19                                  lished by the Administrator not later than
                                                                     20                                  7 days after the date of enactment of the
                                                                     21                                  Continuing the Paycheck Protection Pro-
                                                                     22                                  gram Act, that—
                                                                     23                                                   ‘‘(I) reports the amount of the
                                                                     24                                          covered loan amount spent by the eli-



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                                                                     25                                          gible recipient—


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                                                                       1                                                           ‘‘(aa) on payroll costs; and
                                                                       2                                                           ‘‘(bb) on the sum of—
                                                                       3                                                                    ‘‘(AA) payments of in-
                                                                       4                                                           terest on any covered mort-
                                                                       5                                                           gage obligation (which shall
                                                                       6                                                           not include any prepayment
                                                                       7                                                           of or payment of principal
                                                                       8                                                           on a covered mortgage obli-
                                                                       9                                                           gation);
                                                                     10                                                                     ‘‘(BB) payments on any
                                                                     11                                                            covered rent obligation;
                                                                     12                                                                     ‘‘(CC)         covered       utility
                                                                     13                                                            payments;
                                                                     14                                                                     ‘‘(DD)          covered       oper-
                                                                     15                                                            ations expenditures;
                                                                     16                                                                     ‘‘(EE) covered property
                                                                     17                                                            damage costs;
                                                                     18                                                                     ‘‘(FF) covered supplier
                                                                     19                                                            costs; and
                                                                     20                                                                     ‘‘(GG) covered worker
                                                                     21                                                            protection expenditures; and
                                                                     22                                                   ‘‘(II) attests that the eligible re-
                                                                     23                                          cipient made a good faith effort to
                                                                     24                                          comply with the requirements under



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                                                                       1                                         section 7(a)(36) of the Small Business
                                                                       2                                         Act (15 U.S.C. 636(a)(36)); and
                                                                       3                                         ‘‘(ii) retains records relevant to the
                                                                       4                                 form that prove compliance with those re-
                                                                       5                                 quirements—
                                                                       6                                                  ‘‘(I) with respect to employment
                                                                       7                                         records, for the 4-year period fol-
                                                                       8                                         lowing submission of the form; and
                                                                       9                                                  ‘‘(II)        with        respect          to   other
                                                                     10                                          records, for the 3-year period fol-
                                                                     11                                          lowing submission of the form.
                                                                     12                                  ‘‘(B) DEMOGRAPHIC                          INFORMATION.—An

                                                                     13                         eligible recipient of a covered loan described in
                                                                     14                         subparagraph (A) may complete and submit
                                                                     15                         any form related to borrower demographic in-
                                                                     16                         formation.
                                                                     17                                  ‘‘(C) AUDIT.—The Administrator may—
                                                                     18                                          ‘‘(i) review and audit covered loans
                                                                     19                                  described in subparagraph (A); and
                                                                     20                                          ‘‘(ii) in the case of fraud, ineligibility,
                                                                     21                                  or other material noncompliance with ap-
                                                                     22                                  plicable loan or loan forgiveness require-
                                                                     23                                  ments, modify—
                                                                     24                                                   ‘‘(I) the amount of a covered loan



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                                                                     25                                          described in subparagraph (A); or


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                                                                       1                                                  ‘‘(II) the loan forgiveness amount
                                                                       2                                         with respect to a covered loan de-
                                                                       3                                         scribed in subparagraph (A).
                                                                       4                        ‘‘(2) COVERED LOANS BETWEEN $150,000 AND
                                                                       5               $2,000,000.—

                                                                       6                                 ‘‘(A) IN GENERAL.—Notwithstanding sub-
                                                                       7                        section (e), with respect to a covered loan made
                                                                       8                        to an eligible recipient that is more than
                                                                       9                        $150,000 and not more than $2,000,000—
                                                                     10                                          ‘‘(i) the eligible recipient seeking loan
                                                                     11                                  forgiveness under this section—
                                                                     12                                                   ‘‘(I) is not required to submit the
                                                                     13                                          supporting documentation described
                                                                     14                                          in paragraph (1) or (2) of subsection
                                                                     15                                          (e) or the certification described in
                                                                     16                                          subsection (e)(3)(A);
                                                                     17                                                   ‘‘(II) shall retain—
                                                                     18                                                            ‘‘(aa)            all          employment
                                                                     19                                                   records relevant to the applica-
                                                                     20                                                   tion for loan forgiveness for the
                                                                     21                                                   4-year period following submis-
                                                                     22                                                   sion of the application; and
                                                                     23                                                            ‘‘(bb) all other supporting
                                                                     24                                                   documentation relevant to the ap-



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                                                                     25                                                   plication for loan forgiveness for


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                                                                       1                                                  the 3-year period following sub-
                                                                       2                                                  mission of the application; and
                                                                       3                                                  ‘‘(III) may complete and submit
                                                                       4                                         any form related to borrower demo-
                                                                       5                                         graphic information;
                                                                       6                                         ‘‘(ii) review by the lender of an appli-
                                                                       7                                 cation submitted by the eligible recipient
                                                                       8                                 for loan forgiveness under this section shall
                                                                       9                                 be limited to whether the lender received a
                                                                     10                                  complete application, with all fields com-
                                                                     11                                  pleted, initialed, or signed, as applicable;
                                                                     12                                  and
                                                                     13                                          ‘‘(iii) the lender shall—
                                                                     14                                                   ‘‘(I) accept the application sub-
                                                                     15                                          mitted by the eligible recipient for
                                                                     16                                          loan forgiveness under this section;
                                                                     17                                          and
                                                                     18                                                   ‘‘(II) submit the application to
                                                                     19                                          the Administrator.
                                                                     20                                  ‘‘(B) AUDIT.—The Administrator may—
                                                                     21                                          ‘‘(i) review and audit covered loans
                                                                     22                                  described in subparagraph (A); and
                                                                     23                                          ‘‘(ii) in the case of fraud, ineligibility,
                                                                     24                                  or other material noncompliance with ap-



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                                                                       1                                 plicable loan or loan forgiveness require-
                                                                       2                                 ments, modify—
                                                                       3                                                  ‘‘(I) the amount of a covered loan
                                                                       4                                         described in subparagraph (A); or
                                                                       5                                                  ‘‘(II) the loan forgiveness amount
                                                                       6                                         with respect to a covered loan de-
                                                                       7                                         scribed in subparagraph (A).
                                                                       8                        ‘‘(3) AUDIT PLAN.—
                                                                       9                                 ‘‘(A) IN          GENERAL.—Not                     later than 30
                                                                     10                         days after the date of enactment of the Con-
                                                                     11                         tinuing the Paycheck Protection Program Act,
                                                                     12                         the Administrator shall submit to the Com-
                                                                     13                         mittee on Small Business and Entrepreneurship
                                                                     14                         of the Senate and the Committee on Small
                                                                     15                         Business of the House of Representatives an
                                                                     16                         audit plan that details—
                                                                     17                                          ‘‘(i) the policies and procedures of the
                                                                     18                                  Administrator for conducting reviews and
                                                                     19                                  audits of covered loans; and
                                                                     20                                          ‘‘(ii) the metrics that the Adminis-
                                                                     21                                  trator shall use to determine which covered
                                                                     22                                  loans will be audited for each category of
                                                                     23                                  covered loans described in paragraphs (1)
                                                                     24                                  and (2).



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                                                                       1                                 ‘‘(B) REPORTS.—Not later than 30 days
                                                                       2                        after the date on which the Administrator sub-
                                                                       3                        mits the audit plan required under subpara-
                                                                       4                        graph (A), and each month thereafter, the Ad-
                                                                       5                        ministrator shall submit to the Committee on
                                                                       6                        Small Business and Entrepreneurship of the
                                                                       7                        Senate and the Committee on Small Business
                                                                       8                        of the House of Representatives a report on the
                                                                       9                        review and audit activities of the Administrator
                                                                     10                         under this subsection, which shall include—
                                                                     11                                          ‘‘(i) the number of active reviews and
                                                                     12                                  audits;
                                                                     13                                          ‘‘(ii) the number of reviews and audits
                                                                     14                                  that have been ongoing for more than 60
                                                                     15                                  days; and
                                                                     16                                          ‘‘(iii) any substantial changes made to
                                                                     17                                  the audit plan submitted under subpara-
                                                                     18                                  graph (A).’’.
                                                                     19                (g) GROUP INSURANCE PAYMENTS                                              AS      PAYROLL
                                                                     20 COSTS.—Section                           7(a)(36)(A)(viii)(I)(aa)(EE)                             of   the
                                                                     21 Small                        Business                       Act                 (15                U.S.C.
                                                                     22 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by inserting
                                                                     23 ‘‘and other group insurance’’ before ‘‘benefits’’.
                                                                     24                (h) PAYCHECK PROTECTION PROGRAM SECOND



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                                                                     25 DRAW LOANS.—Section 7(a) of the Small Business Act


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                                                                       1 (15 U.S.C. 636(a)) is amended by adding at the end the
                                                                       2 following:
                                                                       3                        ‘‘(37) PAYCHECK PROTECTION PROGRAM SEC-
                                                                       4               OND DRAW LOANS.—

                                                                       5                                 ‘‘(A) DEFINITIONS.—In this paragraph—
                                                                       6                                         ‘‘(i) the terms ‘community financial
                                                                       7                                 institutions’, ‘credit union’, ‘eligible self-
                                                                       8                                 employed individual’, ‘insured depository
                                                                       9                                 institution’, ‘nonprofit organization’, ‘pay-
                                                                     10                                  roll costs’, ‘seasonal employer’, and ‘vet-
                                                                     11                                  erans organization’ have the meanings
                                                                     12                                  given those terms in paragraph (36), ex-
                                                                     13                                  cept that ‘eligible entity’ shall be sub-
                                                                     14                                  stituted for ‘eligible recipient’ each place it
                                                                     15                                  appears in the definitions of those terms;
                                                                     16                                          ‘‘(ii) the term ‘covered loan’ means a
                                                                     17                                  loan made under this paragraph;
                                                                     18                                          ‘‘(iii) the terms ‘covered mortgage ob-
                                                                     19                                  ligation’, ‘covered operating expenditure’,
                                                                     20                                  ‘covered property damage cost’, ‘covered
                                                                     21                                  rent obligation’, ‘covered supplier cost’,
                                                                     22                                  ‘covered utility payment’, and ‘covered
                                                                     23                                  worker protection expenditure’ have the
                                                                     24                                  meanings given those terms in section



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                                                                                                                            19
                                                                       1                                 1106(a) of the CARES Act (15 U.S.C.
                                                                       2                                 9005(a));
                                                                       3                                         ‘‘(iv) the term ‘covered period’ means
                                                                       4                                 the period beginning on the date of the
                                                                       5                                 origination of a covered loan and ending on
                                                                       6                                 December 31, 2020;
                                                                       7                                         ‘‘(v) the term ‘eligible entity’—
                                                                       8                                                  ‘‘(I) means any business concern,
                                                                       9                                         nonprofit organization, veterans orga-
                                                                     10                                          nization, Tribal business concern, eli-
                                                                     11                                          gible self-employed individual, sole
                                                                     12                                          proprietor, independent contractor, or
                                                                     13                                          small agricultural cooperative that—
                                                                     14                                                            ‘‘(aa)(AA) with respect to a
                                                                     15                                                   business concern, would qualify
                                                                     16                                                   as a small business concern by
                                                                     17                                                   the annual receipts size standard
                                                                     18                                                   (if applicable) established by sec-
                                                                     19                                                   tion 121.201 of title 13, Code of
                                                                     20                                                   Federal Regulations, or any suc-
                                                                     21                                                   cessor regulation; or
                                                                     22                                                            ‘‘(BB) if the entity does not
                                                                     23                                                   qualify as a small business con-
                                                                     24                                                   cern, meets the alternative size



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                                                                       1                                                  standard established under sec-
                                                                       2                                                  tion 3(a)(5);
                                                                       3                                                           ‘‘(bb)         employs           not   more
                                                                       4                                                  than 300 employees; and
                                                                       5                                                           ‘‘(cc)(AA) except as provided
                                                                       6                                                  in subitems (BB), (CC), and
                                                                       7                                                  (DD), had gross receipts during
                                                                       8                                                  the first, second, or third quarter
                                                                       9                                                  in 2020 that demonstrate not
                                                                     10                                                   less than a 35 percent reduction
                                                                     11                                                   from the gross receipts of the en-
                                                                     12                                                   tity during the same quarter in
                                                                     13                                                   2019;
                                                                     14                                                            ‘‘(BB) if the entity was not
                                                                     15                                                   in business during the first or
                                                                     16                                                   second quarter of 2019, but was
                                                                     17                                                   in business during the third and
                                                                     18                                                   fourth quarter of 2019, had gross
                                                                     19                                                   receipts during the first, second,
                                                                     20                                                   or third quarter of 2020 that
                                                                     21                                                   demonstrate not less than a 35
                                                                     22                                                   percent reduction from the gross
                                                                     23                                                   receipts of the entity during the
                                                                     24                                                   third or fourth quarter of 2019;



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                                                                       1                                                           ‘‘(CC) if the entity was not
                                                                       2                                                  in business during the first, sec-
                                                                       3                                                  ond, or third quarter of 2019,
                                                                       4                                                  but was in business during the
                                                                       5                                                  fourth quarter of 2019, had gross
                                                                       6                                                  receipts during the first, second,
                                                                       7                                                  or third quarter of 2020 that
                                                                       8                                                  demonstrate not less than a 35
                                                                       9                                                  percent reduction from the gross
                                                                     10                                                   receipts of the entity during the
                                                                     11                                                   fourth quarter of 2019; or
                                                                     12                                                            ‘‘(DD) if the entity was not
                                                                     13                                                   in business during 2019, but was
                                                                     14                                                   in operation on February 15,
                                                                     15                                                   2020, had gross receipts during
                                                                     16                                                   the second or third quarter of
                                                                     17                                                   2020 that demonstrate not less
                                                                     18                                                   than a 35 percent reduction from
                                                                     19                                                   the gross receipts of the entity
                                                                     20                                                   during the first quarter of 2020;
                                                                     21                                                   ‘‘(II) includes an organization de-
                                                                     22                                          scribed in subparagraph (D)(vii) of
                                                                     23                                          paragraph (36) that is eligible to re-
                                                                     24                                          ceive a loan under that paragraph and



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                                                                     25                                          that meets the requirements described


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                                                                       1                                         in items (aa) and (cc) of subclause
                                                                       2                                         (I); and
                                                                       3                                                  ‘‘(III) does not include—
                                                                       4                                                           ‘‘(aa) an issuer, the securi-
                                                                       5                                                  ties of which are listed on an ex-
                                                                       6                                                  change registered a national se-
                                                                       7                                                  curities exchange under section 6
                                                                       8                                                  of the Securities Exchange Act of
                                                                       9                                                  1934 (15 U.S.C. 78f);
                                                                     10                                                            ‘‘(bb) any entity that—
                                                                     11                                                                     ‘‘(AA) is a type of busi-
                                                                     12                                                            ness concern described in
                                                                     13                                                            subsection (b), (c), (d), (e),
                                                                     14                                                            (f), (h), (l) (m), (p), (q), (r),
                                                                     15                                                            or (s) of section 120.110 of
                                                                     16                                                            title 13, Code of Federal
                                                                     17                                                            Regulations, or any suc-
                                                                     18                                                            cessor regulation;
                                                                     19                                                                     ‘‘(BB) is a type of busi-
                                                                     20                                                            ness concern described in
                                                                     21                                                            section 120.110(g) of title
                                                                     22                                                            13, Code of Federal Regula-
                                                                     23                                                            tions, or any successor regu-
                                                                     24                                                            lation, except as otherwise



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                                                                     25                                                            provided in the interim final


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                                                                                                                            23
                                                                       1                                                           rule of the Administration
                                                                       2                                                           entitled ‘Business Loan Pro-
                                                                       3                                                           gram Temporary Changes;
                                                                       4                                                           Paycheck             Protection         Pro-
                                                                       5                                                           gram—Additional Eligibility
                                                                       6                                                           Criteria and Requirements
                                                                       7                                                           for        Certain            Pledges     of
                                                                       8                                                           Loans’ (85 Fed. Reg. 21747
                                                                       9                                                           (April 20, 2020));
                                                                     10                                                                     ‘‘(CC) is a type of busi-
                                                                     11                                                            ness concern described in
                                                                     12                                                            section 120.110(i) of title
                                                                     13                                                            13, Code of Federal Regula-
                                                                     14                                                            tions, or any successor regu-
                                                                     15                                                            lation, except if the business
                                                                     16                                                            concern is an organization
                                                                     17                                                            described              in         paragraph
                                                                     18                                                            (36)(D)(vii);
                                                                     19                                                                     ‘‘(DD) is a type of
                                                                     20                                                            business concern described
                                                                     21                                                            in section 120.110(j) of title
                                                                     22                                                            13, Code of Federal Regula-
                                                                     23                                                            tions, or any successor regu-
                                                                     24                                                            lation, except as otherwise



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                                                                     25                                                            provided in the interim final


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                                                                       1                                                           rules of the Administration
                                                                       2                                                           entitled ‘Business Loan Pro-
                                                                       3                                                           gram Temporary Changes;
                                                                       4                                                           Paycheck             Protection            Pro-
                                                                       5                                                           gram—Eligibility of Certain
                                                                       6                                                           Electric Cooperatives’ (85
                                                                       7                                                           Fed. Reg. 29847 (May 19,
                                                                       8                                                           2020)) and ‘Business Loan
                                                                       9                                                           Program                         Temporary
                                                                     10                                                            Changes; Paycheck Protec-
                                                                     11                                                            tion Program—Eligibility of
                                                                     12                                                            Certain Telephone Coopera-
                                                                     13                                                            tives’ (85 Fed. Reg. 35550
                                                                     14                                                            (June 11, 2020)) or any
                                                                     15                                                            other          guidance               or   rule
                                                                     16                                                            issued or that may be issued
                                                                     17                                                            by the Administrator;
                                                                     18                                                                     ‘‘(EE) is a type of busi-
                                                                     19                                                            ness concern described in
                                                                     20                                                            section 120.110(n) of title
                                                                     21                                                            13, Code of Federal Regula-
                                                                     22                                                            tions, or any successor regu-
                                                                     23                                                            lation, except as otherwise
                                                                     24                                                            provided in the interim final



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                                                                     25                                                            rule of the Administration


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                                                                                                                            25
                                                                       1                                                           entitled ‘Business Loan Pro-
                                                                       2                                                           gram Temporary Changes;
                                                                       3                                                           Paycheck             Protection        Pro-
                                                                       4                                                           gram—Additional Eligibility
                                                                       5                                                           Revisions to First Interim
                                                                       6                                                           Final Rule’ (85 Fed. Reg.
                                                                       7                                                           38301 (June 26, 2020)) or
                                                                       8                                                           any other guidance or rule
                                                                       9                                                           issued or that may be issued
                                                                     10                                                            by the Administrator;
                                                                     11                                                                     ‘‘(FF) is a type of busi-
                                                                     12                                                            ness concern described in
                                                                     13                                                            section 120.110(o) of title
                                                                     14                                                            13, Code of Federal Regula-
                                                                     15                                                            tions, or any successor regu-
                                                                     16                                                            lation, except as otherwise
                                                                     17                                                            provided in any guidance or
                                                                     18                                                            rule issued or that may be
                                                                     19                                                            issued by the Administrator;
                                                                     20                                                            or
                                                                     21                                                                     ‘‘(GG) is an entity that
                                                                     22                                                            would be described in the
                                                                     23                                                            subsections                   listed     in
                                                                     24                                                            subitems (AA) through (FF)



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                                                                                                                            26
                                                                       1                                                           if the entity were a business
                                                                       2                                                           concern; or
                                                                       3                                                                    ‘‘(HH) is assigned, or
                                                                       4                                                           was approved for a loan
                                                                       5                                                           under paragraph (36) with,
                                                                       6                                                           a North American Industry
                                                                       7                                                           Classification System code
                                                                       8                                                           beginning with 52;
                                                                       9                                                           ‘‘(cc) any business concern
                                                                     10                                                   or entity primarily engaged in
                                                                     11                                                   political or lobbying activities,
                                                                     12                                                   which shall include any entity
                                                                     13                                                   that is organized for research or
                                                                     14                                                   for engaging in advocacy in areas
                                                                     15                                                   such as public policy or political
                                                                     16                                                   strategy or otherwise describes
                                                                     17                                                   itself as a think tank in any pub-
                                                                     18                                                   lic documents;
                                                                     19                                                            ‘‘(dd) any business concern
                                                                     20                                                   or entity—
                                                                     21                                                                     ‘‘(AA) for which an en-
                                                                     22                                                            tity created in or organized
                                                                     23                                                            under the laws of the Peo-
                                                                     24                                                            ple’s Republic of China or



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                                                                     25                                                            the Special Administrative


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                                                                       1                                                           Region of Hong Kong, or
                                                                       2                                                           that has significant oper-
                                                                       3                                                           ations in the People’s Re-
                                                                       4                                                           public of China or the Spe-
                                                                       5                                                           cial Administrative Region
                                                                       6                                                           of Hong Kong, owns or
                                                                       7                                                           holds, directly or indirectly,
                                                                       8                                                           not less than 20 percent of
                                                                       9                                                           the economic interest of the
                                                                     10                                                            business concern or entity,
                                                                     11                                                            including as equity shares or
                                                                     12                                                            a capital or profit interest in
                                                                     13                                                            a limited liability company
                                                                     14                                                            or partnership; or
                                                                     15                                                                     ‘‘(BB) that retains, as
                                                                     16                                                            a member of the board of di-
                                                                     17                                                            rectors of the business con-
                                                                     18                                                            cern, a person who is a resi-
                                                                     19                                                            dent of the People’s Repub-
                                                                     20                                                            lic of China; or
                                                                     21                                                            ‘‘(ee) any person required to
                                                                     22                                                   submit a registration statement
                                                                     23                                                   under section 2 of the Foreign
                                                                     24                                                   Agents Registration Act of 1938



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                                                                     25                                                   (22 U.S.C. 612);


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                                                                       1                                         ‘‘(vi) the terms ‘exchange’, ‘issuer’,
                                                                       2                                 and ‘security’ have the meanings given
                                                                       3                                 those terms in section 3(a) of the Securi-
                                                                       4                                 ties Exchange Act of 1934 (15 U.S.C.
                                                                       5                                 78c(a)); and
                                                                       6                                         ‘‘(vii) the term ‘Tribal business con-
                                                                       7                                 cern’ means a Tribal business concern de-
                                                                       8                                 scribed in section 31(b)(2)(C).
                                                                       9                                 ‘‘(B) LOANS.—Except as otherwise pro-
                                                                     10                         vided in this paragraph, the Administrator may
                                                                     11                         guarantee covered loans to eligible entities
                                                                     12                         under the same terms, conditions, and processes
                                                                     13                         as a loan made under paragraph (36).
                                                                     14                                  ‘‘(C) MAXIMUM LOAN AMOUNT.—
                                                                     15                                          ‘‘(i) IN GENERAL.—Except as other-
                                                                     16                                  wise provided in this subparagraph, the
                                                                     17                                  maximum amount of a covered loan made
                                                                     18                                  to an eligible entity is the lesser of—
                                                                     19                                                   ‘‘(I) the product obtained by mul-
                                                                     20                                          tiplying—
                                                                     21                                                            ‘‘(aa) at the election of the
                                                                     22                                                   eligible entity, the average total
                                                                     23                                                   monthly             payment             for    payroll
                                                                     24                                                   costs incurred or paid by the eli-



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                                                                     25                                                   gible entity during—


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                                                                       1                                                                    ‘‘(AA) the 1-year period
                                                                       2                                                           before the date on which the
                                                                       3                                                           loan is made; or
                                                                       4                                                                    ‘‘(BB)          calendar     year
                                                                       5                                                           2019; by
                                                                       6                                                           ‘‘(bb) 2.5; or
                                                                       7                                                  ‘‘(II) $2,000,000.
                                                                       8                                         ‘‘(ii)         SEASONAL             EMPLOYERS.—The

                                                                       9                                 maximum amount of a covered loan made
                                                                     10                                  to an eligible entity that is a seasonal em-
                                                                     11                                  ployer is the lesser of—
                                                                     12                                                   ‘‘(I) the product obtained by mul-
                                                                     13                                          tiplying—
                                                                     14                                                            ‘‘(aa) at the election of the
                                                                     15                                                   eligible entity, the average total
                                                                     16                                                   monthly payments for payroll
                                                                     17                                                   costs incurred or paid by the eli-
                                                                     18                                                   gible entity—
                                                                     19                                                                     ‘‘(AA) for a 12-week
                                                                     20                                                            period beginning February
                                                                     21                                                            15, 2019 or March 1, 2019
                                                                     22                                                            and ending June 30, 2019;
                                                                     23                                                            or
                                                                     24                                                                     ‘‘(BB) for a consecutive



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                                                                     25                                                            12-week period between May


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                                                                       1                                                           1, 2019 and September 15,
                                                                       2                                                           2019; by
                                                                       3                                                           ‘‘(bb) 2.5; or
                                                                       4                                                  ‘‘(II) $2,000,000.
                                                                       5                                         ‘‘(iii) NEW ENTITIES.—The maximum
                                                                       6                                 amount of a covered loan made to an eligi-
                                                                       7                                 ble entity that did not exist during the 1-
                                                                       8                                 year period preceding February 15, 2020
                                                                       9                                 is the lesser of—
                                                                     10                                                   ‘‘(I) the product obtained by mul-
                                                                     11                                          tiplying—
                                                                     12                                                            ‘‘(aa) the quotient obtained
                                                                     13                                                   by dividing—
                                                                     14                                                                     ‘‘(AA) the sum of the
                                                                     15                                                            total monthly payments by
                                                                     16                                                            the eligible entity for payroll
                                                                     17                                                            costs paid or incurred by the
                                                                     18                                                            eligible entity as of the date
                                                                     19                                                            on which the eligible entity
                                                                     20                                                            applies for the covered loan;
                                                                     21                                                            by
                                                                     22                                                                     ‘‘(BB) the number of
                                                                     23                                                            months in which those pay-
                                                                     24                                                            roll costs were paid or in-



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                                                                     25                                                            curred; by


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                                                                       1                                                           ‘‘(bb) 2.5; or
                                                                       2                                                  ‘‘(II) $2,000,000.
                                                                       3                                         ‘‘(iv) LIMIT                FOR       MULTIPLE          LOCA-

                                                                       4                                 TIONS.—With respect to an eligible entity

                                                                       5                                 with more than 1 physical location, the
                                                                       6                                 total amount of all covered loans shall be
                                                                       7                                 not more than $2,000,000.
                                                                       8                                         ‘‘(v) LOAN NUMBER LIMITATION.—An
                                                                       9                                 eligible entity may only receive 1 covered
                                                                     10                                  loan.
                                                                     11                                          ‘‘(vi) 90           DAY RULE FOR MAXIMUM

                                                                     12                                  LOAN AMOUNT.—The maximum aggregate

                                                                     13                                  loan amount of loans guaranteed under
                                                                     14                                  this subsection that are approved for an el-
                                                                     15                                  igible entity (including any affiliates) with-
                                                                     16                                  in 90 days of approval of another loan
                                                                     17                                  under this subsection for the eligible entity
                                                                     18                                  (including any affiliates) shall not exceed
                                                                     19                                  $10,000,000.
                                                                     20                                  ‘‘(D) EXCEPTION FROM CERTAIN CERTIFI-
                                                                     21                         CATION REQUIREMENTS.—An eligible entity ap-

                                                                     22                         plying for a covered loan shall not be required
                                                                     23                         to make the certification described in subclause
                                                                     24                         (III) or (IV) of paragraph (36)(G)(i).



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                                                                       1                                 ‘‘(E) FEE WAIVER.—With respect to a cov-
                                                                       2                        ered loan—
                                                                       3                                         ‘‘(i) in lieu of the fee otherwise appli-
                                                                       4                                 cable under paragraph (23)(A), the Ad-
                                                                       5                                 ministrator shall collect no fee; and
                                                                       6                                         ‘‘(ii) in lieu of the fee otherwise appli-
                                                                       7                                 cable under paragraph (18)(A), the Ad-
                                                                       8                                 ministrator shall collect no fee.
                                                                       9                                 ‘‘(F) ELIGIBLE CHURCHES AND RELIGIOUS
                                                                     10                         ORGANIZATIONS.—

                                                                     11                                          ‘‘(i) SENSE OF CONGRESS.—It is the
                                                                     12                                  sense of Congress that the interim final
                                                                     13                                  rule of the Administration entitled ‘Busi-
                                                                     14                                  ness Loan Program Temporary Changes;
                                                                     15                                  Paycheck Protection Program’ (85 Fed.
                                                                     16                                  Reg. 20817 (April 15, 2020)) properly
                                                                     17                                  clarified the eligibility of churches and reli-
                                                                     18                                  gious organizations for loans made under
                                                                     19                                  paragraph (36).
                                                                     20                                          ‘‘(ii)         APPLICABILITY                OF          PROHIBI-

                                                                     21                                  TION.—The prohibition on eligibility estab-

                                                                     22                                  lished by section 120.110(k) of title 13,
                                                                     23                                  Code of Federal Regulations, or any suc-
                                                                     24                                  cessor regulation, shall not apply to a cov-



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                                                                       1                                 ‘‘(G) GROSS                RECEIPTS FOR NONPROFIT

                                                                       2                        AND VETERANS ORGANIZATIONS.—For purposes

                                                                       3                        of calculating gross receipts under subpara-
                                                                       4                        graph (A)(v)(I)(cc) for an eligible entity that is
                                                                       5                        a nonprofit organization, a veterans organiza-
                                                                       6                        tion, or an organization described in subpara-
                                                                       7                        graph (A)(v)(II), gross receipts—
                                                                       8                                         ‘‘(i) shall include proceeds from pro-
                                                                       9                                 gram services, fundraising events, fed-
                                                                     10                                  erated         campaigns,               gifts,          donor-advised
                                                                     11                                  funds, and funds from similar sources; and
                                                                     12                                          ‘‘(ii) shall not include—
                                                                     13                                                   ‘‘(I) Federal grants (excluding
                                                                     14                                          any loan forgiveness on loans received
                                                                     15                                          under paragraph (36) or this para-
                                                                     16                                          graph);
                                                                     17                                                   ‘‘(II) revenues from a supporting
                                                                     18                                          organization;
                                                                     19                                                   ‘‘(III) grants from private foun-
                                                                     20                                          dations that are disbursed over the
                                                                     21                                          course of more than 1 calendar year;
                                                                     22                                                   ‘‘(IV) any contribution of prop-
                                                                     23                                          erty other than money, stocks, bonds,
                                                                     24                                          and other securities, provided that the



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                                                                       1                                         the organization in a transaction un-
                                                                       2                                         related to the tax-exempt purpose of
                                                                       3                                         the organization; or
                                                                       4                                                  ‘‘(V) any loan proceeds from a
                                                                       5                                         loan made under paragraph (36).
                                                                       6                                 ‘‘(H) LOAN FORGIVENESS.—
                                                                       7                                         ‘‘(i) IN GENERAL.—Except as other-
                                                                       8                                 wise provided in this subparagraph, an eli-
                                                                       9                                 gible entity shall be eligible for forgiveness
                                                                     10                                  of indebtedness on a covered loan in the
                                                                     11                                  same manner as an eligible recipient with
                                                                     12                                  respect to a loan made under paragraph
                                                                     13                                  (36), as described in section 1106 of the
                                                                     14                                  CARES Act (15 U.S.C. 9005).
                                                                     15                                          ‘‘(ii) FORGIVENESS AMOUNT.—An eli-
                                                                     16                                  gible entity shall be eligible for forgiveness
                                                                     17                                  of indebtedness on a covered loan in an
                                                                     18                                  amount equal to the sum of the following
                                                                     19                                  costs incurred or expenditures made during
                                                                     20                                  the covered period:
                                                                     21                                                   ‘‘(I) Payroll costs.
                                                                     22                                                   ‘‘(II) Any payment of interest on
                                                                     23                                          any        covered             mortgage             obligation
                                                                     24                                          (which shall not include any prepay-



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                                                                       1                                         ment of or payment of principal on a
                                                                       2                                         covered mortgage obligation).
                                                                       3                                                  ‘‘(III) Any covered operations ex-
                                                                       4                                         penditure.
                                                                       5                                                  ‘‘(IV) Any covered property dam-
                                                                       6                                         age cost.
                                                                       7                                                  ‘‘(V) Any payment on any cov-
                                                                       8                                         ered rent obligation.
                                                                       9                                                  ‘‘(VI) Any covered utility pay-
                                                                     10                                          ment.
                                                                     11                                                   ‘‘(VII) Any covered supplier cost.
                                                                     12                                                   ‘‘(VIII) Any covered worker pro-
                                                                     13                                          tection expenditure.
                                                                     14                                          ‘‘(iii) LIMITATION                   ON FORGIVENESS

                                                                     15                                  FOR ALL ELIGIBLE ENTITIES.—The                                  for-
                                                                     16                                  giveness amount under this subparagraph
                                                                     17                                  shall be equal to the lesser of—
                                                                     18                                                   ‘‘(I) the amount described in
                                                                     19                                          clause (ii); and
                                                                     20                                                   ‘‘(II) the amount equal to the
                                                                     21                                          quotient obtained by dividing—
                                                                     22                                                            ‘‘(aa) the amount of the cov-
                                                                     23                                                   ered loan used for payroll costs
                                                                     24                                                   during the covered period; and



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                                                                       1                                 ‘‘(I) LENDER                  ELIGIBILITY.—Except                      as
                                                                       2                        otherwise provided in this paragraph, a lender
                                                                       3                        approved to make loans under paragraph (36)
                                                                       4                        may make covered loans under the same terms
                                                                       5                        and conditions as in paragraph (36).
                                                                       6                                 ‘‘(J) REIMBURSEMENT FOR LOAN PROC-
                                                                       7                        ESSING         AND         SERVICING.—The                        Administrator
                                                                       8                        shall reimburse a lender authorized to make a
                                                                       9                        covered loan in an amount that is—
                                                                     10                                          ‘‘(i) 3 percent of the principal amount
                                                                     11                                  of the financing of the covered loan up to
                                                                     12                                  $350,000; and
                                                                     13                                          ‘‘(ii)         1   percent           of     the          principal
                                                                     14                                  amount of the financing of the covered
                                                                     15                                  loan above $350,000, if applicable.
                                                                     16                                  ‘‘(K) SET ASIDE FOR SMALL ENTITIES.—
                                                                     17                         Not less than $25,000,000,000 of the total
                                                                     18                         amount of covered loans guaranteed by the Ad-
                                                                     19                         ministrator shall be made to eligible entities
                                                                     20                         with not more than 10 employees as of Feb-
                                                                     21                         ruary 15, 2020.
                                                                     22                                  ‘‘(L) SET ASIDE FOR COMMUNITY FINAN-
                                                                     23                         CIAL INSTITUTIONS, SMALL INSURED DEPOSI-

                                                                     24                         TORY         INSTITUTIONS,                  CREDIT           UNIONS,          AND




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                                                                     25                         FARM CREDIT SYSTEM INSTITUTIONS.—Not less



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                                                                       1                        than $10,000,000,000 of the total amount of
                                                                       2                        covered loans guaranteed by the Administrator
                                                                       3                        shall be made by—
                                                                       4                                         ‘‘(i) community financial institutions;
                                                                       5                                         ‘‘(ii) insured depository institutions
                                                                       6                                 with consolidated assets of less than
                                                                       7                                 $10,000,000,000;
                                                                       8                                         ‘‘(iii) credit unions with consolidated
                                                                       9                                 assets of less than $10,000,000,000; and
                                                                     10                                          ‘‘(iv) institutions of the Farm Credit
                                                                     11                                  System chartered under the Farm Credit
                                                                     12                                  Act of 1971 (12 U.S.C. 2001 et seq.) with
                                                                     13                                  consolidated                 assets           of         less     than
                                                                     14                                  $10,000,000,000 (not including the Fed-
                                                                     15                                  eral Agricultural Mortgage Corporation).
                                                                     16                                  ‘‘(M) PUBLICATION                       OF GUIDANCE.—Not

                                                                     17                         later than 10 days after the date of enactment
                                                                     18                         of this paragraph, the Administrator shall issue
                                                                     19                         guidance addressing barriers to accessing cap-
                                                                     20                         ital for minority, underserved, veteran, and
                                                                     21                         women-owned business concerns for the purpose
                                                                     22                         of ensuring equitable access to covered loans.
                                                                     23                                  ‘‘(N)         STANDARD                  OPERATING               PROCE-

                                                                     24                         DURE.—The                Administrator shall, to the max-



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                                                                       1                        proved to make covered loans to use existing
                                                                       2                        program guidance and standard operating pro-
                                                                       3                        cedures for loans made under this subsection.
                                                                       4                                 ‘‘(O) PROHIBITION ON USE OF PROCEEDS
                                                                       5                        FOR LOBBYING ACTIVITIES.—None of the pro-

                                                                       6                        ceeds of a covered loan may be used for—
                                                                       7                                         ‘‘(i) lobbying activities, as defined in
                                                                       8                                 section 3 of the Lobbying Disclosure Act of
                                                                       9                                 1995 (2 U.S.C. 1602);
                                                                     10                                          ‘‘(ii) lobbying expenditures related to
                                                                     11                                  a State or local election; or
                                                                     12                                          ‘‘(iii) expenditures designed to influ-
                                                                     13                                  ence the enactment of legislation, appro-
                                                                     14                                  priations, regulation, administrative action,
                                                                     15                                  or Executive order proposed or pending be-
                                                                     16                                  fore Congress or any State government,
                                                                     17                                  State legislature, or local legislature or leg-
                                                                     18                                  islative body.’’.
                                                                     19                (i) CONTINUED ACCESS TO THE PAYCHECK PROTEC-
                                                                     20      TION PROGRAM.—

                                                                     21                         (1) IN GENERAL.—Section 7(a)(36)(E)(ii) of
                                                                     22                the          Small              Business                Act           (15          U.S.C.
                                                                     23                636(a)(36)(E)(ii))                       is      amended                  by      striking
                                                                     24                ‘‘$10,000,000’’ and inserting ‘‘$2,000,000’’.



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                                                                       1                        (2) APPLICABILITY OF MAXIMUM LOAN AMOUNT
                                                                       2               CALCULATION.—

                                                                       3                                 (A) DEFINITIONS.—In this paragraph, the
                                                                       4                        terms ‘‘covered loan’’ and ‘‘eligible recipient’’
                                                                       5                        have the meanings given those terms in section
                                                                       6                        7(a)(36) of the Small Business Act (15 U.S.C.
                                                                       7                        636(a)(36)).
                                                                       8                                 (B)         APPLICABILITY.—The                            amendment
                                                                       9                        made by paragraph (1) shall apply only with re-
                                                                     10                         spect to a covered loan applied for by an eligible
                                                                     11                         recipient on or after the date of enactment of
                                                                     12                         this Act.
                                                                     13                (j) INCREASED ABILITY FOR PAYCHECK PROTEC-
                                                                     14      TION PROGRAM BORROWERS TO REQUEST AN INCREASE

                                                                     15      IN LOAN AMOUNT DUE TO UPDATED REGULATIONS.—

                                                                     16                         (1) DEFINITIONS.—In this subsection, the
                                                                     17                terms ‘‘covered loan’’ and ‘‘eligible recipient’’ have
                                                                     18                the meanings given those terms in section 7(a)(36)
                                                                     19                of the Small Business Act (15 U.S.C. 636(a)(36)).
                                                                     20                         (2) INCREASED AMOUNT.—Notwithstanding the
                                                                     21                interim final rule issued by the Administration enti-
                                                                     22                tled ‘‘Business Loan Program Temporary Changes;
                                                                     23                Paycheck Protection Program—Loan Increases’’ (85
                                                                     24                Fed. Reg. 29842 (May 19, 2020)), an eligible recipi-



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                                                                       1               covered loan amount as a result of any interim final
                                                                       2               rule that allows for covered loan increases may sub-
                                                                       3               mit a request for an increase in the covered loan
                                                                       4               amount even if—
                                                                       5                                 (A) the initial covered loan amount has
                                                                       6                        been fully disbursed; or
                                                                       7                                 (B) the lender of the initial covered loan
                                                                       8                        has submitted to the Administration a Form
                                                                       9                        1502 report related to the covered loan.
                                                                     10                (k) CALCULATION OF MAXIMUM LOAN AMOUNT FOR
                                                                     11 FARMERS AND RANCHERS UNDER THE PAYCHECK PRO-
                                                                     12      TECTION PROGRAM.—

                                                                     13                         (1) IN          GENERAL.—Section                        7(a)(36) of the
                                                                     14                Small Business Act (15 U.S.C. 636(a)(36)), as
                                                                     15                amended by subsection (i) of this section, is amend-
                                                                     16                ed—
                                                                     17                                  (A) in subparagraph (E), in the matter
                                                                     18                         preceding clause (i), by striking ‘‘During’’ and
                                                                     19                         inserting ‘‘Except as provided in subparagraph
                                                                     20                         (T), during’’; and
                                                                     21                                  (B) by adding at the end the following:
                                                                     22                                  ‘‘(T) CALCULATION                       OF MAXIMUM LOAN

                                                                     23                         AMOUNT FOR FARMERS AND RANCHERS.—




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                                                                       1                                         ‘‘(i) DEFINITION.—In this subpara-
                                                                       2                                 graph, the term ‘covered recipient’ means
                                                                       3                                 an eligible recipient that—
                                                                       4                                                  ‘‘(I) operates as a sole propri-
                                                                       5                                         etorship or as an independent con-
                                                                       6                                         tractor, or is an eligible self-employed
                                                                       7                                         individual;
                                                                       8                                                  ‘‘(II) reports farm income or ex-
                                                                       9                                         penses on a Schedule F (or any equiv-
                                                                     10                                          alent successor schedule); and
                                                                     11                                                   ‘‘(III) was in business during the
                                                                     12                                          period beginning on February 15,
                                                                     13                                          2019 and ending on June 30, 2019.
                                                                     14                                          ‘‘(ii) NO EMPLOYEES.—With respect
                                                                     15                                  to covered recipient without employees, the
                                                                     16                                  maximum covered loan amount shall be the
                                                                     17                                  lesser of—
                                                                     18                                                   ‘‘(I) the sum of—
                                                                     19                                                            ‘‘(aa) the product obtained
                                                                     20                                                   by multiplying—
                                                                     21                                                                     ‘‘(AA) the gross income
                                                                     22                                                            of the covered recipient in
                                                                     23                                                            2019, as reported on a
                                                                     24                                                            Schedule F (or any equiva-



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                                                                     25                                                            lent         successor            schedule),


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                                                                       1                                                           that         is     not        more   than
                                                                       2                                                           $100,000, divided by 12;
                                                                       3                                                           and
                                                                       4                                                                    ‘‘(BB) 2.5; and
                                                                       5                                                           ‘‘(bb)            the          outstanding
                                                                       6                                                  amount of a loan under sub-
                                                                       7                                                  section (b)(2) that was made
                                                                       8                                                  during the period beginning on
                                                                       9                                                  January 31, 2020 and ending on
                                                                     10                                                   April 3, 2020 that the borrower
                                                                     11                                                   intends to refinance under the
                                                                     12                                                   covered loan, not including any
                                                                     13                                                   amount of any advance under the
                                                                     14                                                   loan that is not required to be re-
                                                                     15                                                   paid; or
                                                                     16                                                   ‘‘(II) $2,000,000.
                                                                     17                                          ‘‘(iii) WITH               EMPLOYEES.—With               re-
                                                                     18                                  spect to a covered recipient with employ-
                                                                     19                                  ees, the maximum covered loan amount
                                                                     20                                  shall be calculated using the formula de-
                                                                     21                                  scribed in subparagraph (E), except that
                                                                     22                                  the gross income of the covered recipient
                                                                     23                                  described in clause (ii)(I)(aa)(AA) of this
                                                                     24                                  subparagraph, as divided by 12, shall be



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                                                                       1                                 added to the sum calculated under sub-
                                                                       2                                 paragraph (E)(i)(I).
                                                                       3                                         ‘‘(iv) RECALCULATION.—A lender that
                                                                       4                                 made a covered loan to a covered recipient
                                                                       5                                 before the date of enactment of this sub-
                                                                       6                                 paragraph may, at the request of the cov-
                                                                       7                                 ered recipient—
                                                                       8                                                  ‘‘(I) recalculate the maximum
                                                                       9                                         loan amount applicable to that cov-
                                                                     10                                          ered loan based on the formula de-
                                                                     11                                          scribed in clause (ii) or (iii), as appli-
                                                                     12                                          cable, if doing so would result in a
                                                                     13                                          larger covered loan amount; and
                                                                     14                                                   ‘‘(II) provide the covered recipi-
                                                                     15                                          ent       with         additional               covered   loan
                                                                     16                                          amounts based on that recalcula-
                                                                     17                                          tion.’’.
                                                                     18                (l) FARM CREDIT SYSTEM INSTITUTIONS.—
                                                                     19                         (1) DEFINITION OF FARM CREDIT SYSTEM IN-
                                                                     20                STITUTION.—In                   this subsection, the term ‘‘Farm
                                                                     21                Credit System institution’’—
                                                                     22                                  (A) means an institution of the Farm
                                                                     23                         Credit System chartered under the Farm Credit
                                                                     24                         Act of 1971 (12 U.S.C. 2001 et seq.); and



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                                                                       1                                 (B) does not include the Federal Agricul-
                                                                       2                        tural Mortgage Corporation.
                                                                       3                        (2) FACILITATION OF PARTICIPATION IN PPP
                                                                       4               AND SECOND DRAW LOANS.—

                                                                       5                                 (A) APPLICABLE RULES.—Solely with re-
                                                                       6                        spect to loans under paragraphs (36) and (37)
                                                                       7                        of section 7(a) of the Small Business Act (15
                                                                       8                        U.S.C. 636(a)), Farm Credit Administration
                                                                       9                        regulations and guidance issued as of July 14,
                                                                     10                         2020, and compliance with such regulations and
                                                                     11                         guidance, shall be deemed functionally equiva-
                                                                     12                         lent to requirements referenced in section
                                                                     13                         3(a)(iii)(II) of the interim final rule of the Ad-
                                                                     14                         ministration entitled ‘‘Business Loan Program
                                                                     15                         Temporary Changes; Paycheck Protection Pro-
                                                                     16                         gram’’ (85 Fed. Reg. 20811 (April 15, 2020))
                                                                     17                         or any similar requirement referenced in that
                                                                     18                         interim final rule in implementing such para-
                                                                     19                         graph (37).
                                                                     20                                  (B) APPLICABILITY OF CERTAIN LOAN RE-
                                                                     21                         QUIREMENTS.—For                       purposes of making loans
                                                                     22                         under paragraph (36) or (37) of section 7(a) of
                                                                     23                         the Small Business Act (15 U.S.C. 636(a)) or
                                                                     24                         forgiving those loans in accordance with section



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                                                                     25                         1106 of the CARES Act (15 U.S.C. 9005) and


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                                                                       1                        subparagraph (H) of such paragraph (37), sec-
                                                                       2                        tions 4.13, 4.14, and 4.14A of the Farm Credit
                                                                       3                        Act of 1971 (12 U.S.C. 2199, 2202, 2202a)
                                                                       4                        (including regulations issued under those sec-
                                                                       5                        tions) shall not apply.
                                                                       6                                 (C) RISK WEIGHT.—
                                                                       7                                         (i) IN GENERAL.—With respect to the
                                                                       8                                 application of Farm Credit Administration
                                                                       9                                 capital requirements, a loan described in
                                                                     10                                  clause (ii)—
                                                                     11                                                   (I) shall receive a risk weight of
                                                                     12                                          zero percent; and
                                                                     13                                                   (II) shall not be included in the
                                                                     14                                          calculation of any applicable leverage
                                                                     15                                          ratio or other applicable capital ratio
                                                                     16                                          or calculation.
                                                                     17                                          (ii) LOANS DESCRIBED.—A loan re-
                                                                     18                                  ferred to in clause (i) is—
                                                                     19                                                   (I) a loan made by a Farm Cred-
                                                                     20                                          it Bank described in section 1.2(a) of
                                                                     21                                          the Farm Credit Act of 1971 (12
                                                                     22                                          U.S.C. 2002(a)) to a Federal Land
                                                                     23                                          Bank Association, a Production Credit
                                                                     24                                          Association, or an agricultural credit



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                                                                       1                                         to make loans under paragraph (36)
                                                                       2                                         or (37) of section 7(a) of the Small
                                                                       3                                         Business Act (15 U.S.C. 636(a)) or
                                                                       4                                         forgive those loans in accordance with
                                                                       5                                         section 1106 of the CARES Act (15
                                                                       6                                         U.S.C. 9005) and subparagraph (H)
                                                                       7                                         of such paragraph (37); or
                                                                       8                                                  (II) a loan made by a Federal
                                                                       9                                         Land Bank Association, a Production
                                                                     10                                          Credit Association, an agricultural
                                                                     11                                          credit association, or the bank for co-
                                                                     12                                          operatives described in section 1.2(a)
                                                                     13                                          of the Farm Credit Act of 1971 (12
                                                                     14                                          U.S.C.           2002(a))            under          paragraph
                                                                     15                                          (36) or (37) of section 7(a) of the
                                                                     16                                          Small           Business            Act         (15      U.S.C.
                                                                     17                                          636(a)).
                                                                     18                                  (D) RESERVATION                         OF      LOAN            GUARAN-

                                                                     19                         TEES.—Section 7(a)(36)(S) of the Small Busi-

                                                                     20                         ness Act (15 U.S.C. 636(a)(36)(S)) is amend-
                                                                     21                         ed—
                                                                     22                                          (i) in clause (i)—
                                                                     23                                                   (I) in subclause (I), by striking
                                                                     24                                          ‘‘and’’ at the end;



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                                                                       1                                                  (II) in subclause (II), by striking
                                                                       2                                         the period at the end and inserting ‘‘;
                                                                       3                                         and’’; and
                                                                       4                                                  (III) by adding at the end the
                                                                       5                                         following:
                                                                       6                                                  ‘‘(III) institutions of the Farm
                                                                       7                                         Credit System chartered under the
                                                                       8                                         Farm Credit Act of 1971 (12 U.S.C.
                                                                       9                                         2001 et seq.) with consolidated assets
                                                                     10                                          of not less than $10,000,000,000 and
                                                                     11                                          less than $50,000,000,000.’’; and
                                                                     12                                          (ii) in clause (ii)—
                                                                     13                                                   (I) in subclause (II), by striking
                                                                     14                                          ‘‘and’’ at the end;
                                                                     15                                                   (II) in subclause (III), by strik-
                                                                     16                                          ing the period at the end and insert-
                                                                     17                                          ing ‘‘; and’’; and
                                                                     18                                                   (III) by adding at the end the
                                                                     19                                          following:
                                                                     20                                                   ‘‘(IV) institutions of the Farm
                                                                     21                                          Credit System chartered under the
                                                                     22                                          Farm Credit Act of 1971 (12 U.S.C.
                                                                     23                                          2001 et seq.) with consolidated assets
                                                                     24                                          of less than $10,000,000,000.’’.



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                                                                     25                (m) DEFINITION OF SEASONAL EMPLOYER.—


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                                                                       1                        (1) PPP LOANS.—Section 7(a)(36)(A) of the
                                                                       2               Small Business Act (15 U.S.C. 636(a)(36)(A)) is
                                                                       3               amended—
                                                                       4                                 (A) in clause (xi), by striking ‘‘and’’ at the
                                                                       5                        end;
                                                                       6                                 (B) in clause (xii), by striking the period
                                                                       7                        at the end and inserting ‘‘; and’’; and
                                                                       8                                 (C) by adding at the end the following:
                                                                       9                                         ‘‘(xiii) the term ‘seasonal employer’
                                                                     10                                  means an eligible recipient that—
                                                                     11                                                   ‘‘(I) does not operate for more
                                                                     12                                          than 7 months in any calendar year;
                                                                     13                                          or
                                                                     14                                                   ‘‘(II) during the preceding cal-
                                                                     15                                          endar year, had gross receipts for any
                                                                     16                                          6 months of that year that were not
                                                                     17                                          more than 33.33 percent of the gross
                                                                     18                                          receipts of the employer for the other
                                                                     19                                          6 months of that year.’’.
                                                                     20                         (2) LOAN FORGIVENESS.—Paragraph (12) of
                                                                     21                section 1106(a) of the CARES Act (15 U.S.C.
                                                                     22                9005(a)), as so redesignated by subsection (c)(2) of
                                                                     23                this section, is amended to read as follows:
                                                                     24                         ‘‘(12) the terms ‘payroll costs’ and ‘seasonal



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                                                                     25                employer’ have the meanings given those terms in


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                                                                       1               section 7(a)(36) of the Small Business Act (15
                                                                       2               U.S.C. 636(a)(36)).’’.
                                                                       3               (n) ELIGIBILITY OF 501(C)(6) ORGANIZATIONS FOR
                                                                       4 LOANS UNDER                           THE         PAYCHECK PROTECTION PRO-
                                                                       5     GRAM.—Section 7(a)(36)(D) of the Small Business Act

                                                                       6 (15 U.S.C. 636(a)(36)(D)) is amended—
                                                                       7                        (1) in clause (v), by inserting ‘‘or whether an
                                                                       8               organization described in clause (vii) employs not
                                                                       9               more than 150 employees,’’ after ‘‘clause (i)(I),’’;
                                                                     10                         (2) in clause (vi), by inserting ‘‘, an organiza-
                                                                     11                tion described in clause (vii),’’ after ‘‘nonprofit orga-
                                                                     12                nization’’; and
                                                                     13                         (3) by adding at the end the following:
                                                                     14                                          ‘‘(vii)        ELIGIBILITY                FOR           CERTAIN

                                                                     15                                  501(C)(6) ORGANIZATIONS.—

                                                                     16                                                   ‘‘(I) IN            GENERAL.—Except                 as
                                                                     17                                          provided in subclause (II), any organi-
                                                                     18                                          zation that is described in section
                                                                     19                                          501(c)(6) of the Internal Revenue
                                                                     20                                          Code and that is exempt from tax-
                                                                     21                                          ation under section 501(a) of such
                                                                     22                                          Code (excluding professional sports
                                                                     23                                          leagues and organizations with the
                                                                     24                                          purpose of promoting or participating



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                                                                     25                                          in a political campaign or other activ-


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                                                                                                                            50
                                                                       1                                         ity) shall be eligible to receive a cov-
                                                                       2                                         ered loan if—
                                                                       3                                                           ‘‘(aa) the organization does
                                                                       4                                                  not receive more than 10 percent
                                                                       5                                                  of its receipts from lobbying ac-
                                                                       6                                                  tivities;
                                                                       7                                                           ‘‘(bb) the lobbying activities
                                                                       8                                                  of the organization do not com-
                                                                       9                                                  prise more than 10 percent of the
                                                                     10                                                   total activities of the organiza-
                                                                     11                                                   tion; and
                                                                     12                                                            ‘‘(cc) the organization em-
                                                                     13                                                   ploys not more than 150 employ-
                                                                     14                                                   ees.
                                                                     15                                                   ‘‘(II) DESTINATION MARKETING
                                                                     16                                          ORGANIZATIONS.—Notwithstanding

                                                                     17                                          subclause (I), during the covered pe-
                                                                     18                                          riod, any destination marketing orga-
                                                                     19                                          nization shall be eligible to receive a
                                                                     20                                          covered loan if—
                                                                     21                                                            ‘‘(aa) the destination mar-
                                                                     22                                                   keting organization does not re-
                                                                     23                                                   ceive more than 10 percent of its
                                                                     24                                                   receipts from lobbying activities;



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                                                                       1                                                           ‘‘(bb) the lobbying activities
                                                                       2                                                  of the destination marketing or-
                                                                       3                                                  ganization do not comprise more
                                                                       4                                                  than 10 percent of the total ac-
                                                                       5                                                  tivities of the organization;
                                                                       6                                                           ‘‘(cc) the destination mar-
                                                                       7                                                  keting organization employs not
                                                                       8                                                  more than 150 employees; and
                                                                       9                                                           ‘‘(dd) the destination mar-
                                                                     10                                                   keting organization—
                                                                     11                                                                     ‘‘(AA) is described in
                                                                     12                                                            section 501(c) of the Inter-
                                                                     13                                                            nal Revenue Code and is ex-
                                                                     14                                                            empt from taxation under
                                                                     15                                                            section 501(a) of such Code;
                                                                     16                                                            or
                                                                     17                                                                     ‘‘(BB) is a quasi-gov-
                                                                     18                                                            ernmental entity or is a po-
                                                                     19                                                            litical subdivision of a State
                                                                     20                                                            or local government, includ-
                                                                     21                                                            ing any instrumentality of
                                                                     22                                                            those entities.’’.
                                                                     23                (o) PROHIBITION ON USE OF LOAN PROCEEDS FOR
                                                                     24 LOBBYING ACTIVITIES.—Section 7(a)(36)(F) of the Small



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                                                                       1 Business Act (15 U.S.C. 636(a)(36)(F)) is amended by
                                                                       2 adding at the end the following:
                                                                       3                                         ‘‘(vi) PROHIBITION.—None of the pro-
                                                                       4                                 ceeds of a covered loan may be used for—
                                                                       5                                                  ‘‘(I) lobbying activities, as de-
                                                                       6                                         fined in section 3 of the Lobbying
                                                                       7                                         Disclosure Act of 1995 (2 U.S.C.
                                                                       8                                         1602);
                                                                       9                                                  ‘‘(II) lobbying expenditures re-
                                                                     10                                          lated to a State or local election; or
                                                                     11                                                   ‘‘(III) expenditures designed to
                                                                     12                                          influence the enactment of legislation,
                                                                     13                                          appropriations, regulation, adminis-
                                                                     14                                          trative action, or Executive order pro-
                                                                     15                                          posed or pending before Congress or
                                                                     16                                          any State government, State legisla-
                                                                     17                                          ture, or local legislature or legislative
                                                                     18                                          body.’’.
                                                                     19                (p) EFFECTIVE DATE; APPLICABILITY.—The amend-
                                                                     20 ments made to paragraph (36) of section 7(a) of the Small
                                                                     21 Business Act (15 U.S.C. 636(a)) and title I of the CARES
                                                                     22 Act (Public Law 116–136) under this section shall be ef-
                                                                     23 fective as if included in the CARES Act and shall apply
                                                                     24 to any loan made pursuant to section 7(a)(36) of the



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                                                                     25 Small Business Act (15 U.S.C. 636(a)(36)).


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                                                                       1               (q) BANKRUPTCY PROVISIONS.—
                                                                       2                        (1) IN         GENERAL.—Section                        364 of title 11,
                                                                       3               United States Code, is amended by adding at the
                                                                       4               end the following:
                                                                       5               ‘‘(g)(1) The court, after notice and a hearing, may
                                                                       6 authorize a debtor in possession or a trustee that is au-
                                                                       7 thorized to operate the business of the debtor under sec-
                                                                       8 tion 1183, 1184, 1203, 1204, or 1304 of this title to ob-
                                                                       9 tain a loan under paragraph (36) or (37) of section 7(a)
                                                                     10 of the Small Business Act (15 U.S.C. 636(a)), and such
                                                                     11 loan shall be treated as a debt to the extent the loan is
                                                                     12 not forgiven in accordance with section 1106 of the
                                                                     13 CARES Act (15 U.S.C. 9005) or subparagraph (H) of
                                                                     14 such paragraph (37), as applicable, with priority equal to
                                                                     15 a claim of the kind specified in subsection (c)(1) of this
                                                                     16 section.
                                                                     17                ‘‘(2) The trustee may incur debt described in para-
                                                                     18 graph (1) notwithstanding any provision in a contract,
                                                                     19 prior order authorizing the trustee to incur debt under this
                                                                     20 section, prior order authorizing the trustee to use cash col-
                                                                     21 lateral under section 363, or applicable law that prohibits
                                                                     22 the debtor from incurring additional debt.
                                                                     23                ‘‘(3) The court shall hold a hearing within 7 days
                                                                     24 after the filing and service of the motion to obtain a loan



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                                                                     25 described in paragraph (1). Notwithstanding the Federal


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                                                                       1 Rules of Bankruptcy Procedure, at such hearing, the court
                                                                       2 may grant relief on a final basis.’’.
                                                                       3                        (2)       ALLOWANCE                  OF          ADMINISTRATIVE             EX-

                                                                       4               PENSES.—Section 503(b) of title 11, United States

                                                                       5               Code, is amended—
                                                                       6                                 (A) in paragraph (8)(B), by striking ‘‘and’’
                                                                       7                        at the end;
                                                                       8                                 (B) in paragraph (9), by striking the pe-
                                                                       9                        riod at the end and inserting ‘‘; and’’; and
                                                                     10                                  (C) by adding at the end the following:
                                                                     11                         ‘‘(10)        any         debt         incurred            under         section
                                                                     12                364(g)(1) of this title.’’.
                                                                     13                         (3) CONFIRMATION OF PLAN FOR REORGANIZA-
                                                                     14                TION.—Section 1191 of title 11, United States Code,

                                                                     15                is amended by adding at the end the following:
                                                                     16                ‘‘(f) SPECIAL PROVISION RELATED TO COVID–19
                                                                     17 PANDEMIC.—Notwithstanding section 1129(a)(9)(A) of
                                                                     18 this title and subsection (e) of this section, a plan that
                                                                     19 provides for payment of a claim of a kind specified in sec-
                                                                     20 tion 503(b)(10) of this title may be confirmed under sub-
                                                                     21 section (b) of this section if the plan proposes to make
                                                                     22 payments on account of such claim when due under the
                                                                     23 terms of the loan giving rise to such claim.’’.
                                                                     24                         (4) CONFIRMATION                            OF    PLAN           FOR     FAMILY




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                                                                     25                FARMERS AND FISHERMEN.—Section                                            1225 of title


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                                                                       1               11, United States Code, is amended by adding at
                                                                       2               the end the following:
                                                                       3               ‘‘(d) Notwithstanding section 1222(a)(2) of this title
                                                                       4 and subsection (b)(1) of this section, a plan that provides
                                                                       5 for payment of a claim of a kind specified in section
                                                                       6 503(b)(10) of this title may be confirmed if the plan pro-
                                                                       7 poses to make payments on account of such claim when
                                                                       8 due under the terms of the loan giving rise to such
                                                                       9 claim.’’.
                                                                     10                         (5) CONFIRMATION                        OF       PLAN        FOR         INDIVID-

                                                                     11                UALS.—Section                  1325 of title 11, United States
                                                                     12                Code, is amended by adding at the end the fol-
                                                                     13                lowing:
                                                                     14                ‘‘(d) Notwithstanding section 1322(a)(2) of this title
                                                                     15 and subsection (b)(1) of this section, a plan that provides
                                                                     16 for payment of a claim of a kind specified in section
                                                                     17 503(b)(10) of this title may be confirmed if the plan pro-
                                                                     18 poses to make payments on account of such claim when
                                                                     19 due under the terms of the loan giving rise to such
                                                                     20 claim.’’.
                                                                     21                         (6) EFFECTIVE DATE; SUNSET.—
                                                                     22                                  (A) EFFECTIVE DATE.—The amendments
                                                                     23                         made by paragraphs (1) through (5) shall—
                                                                     24                                          (i) take effect on the date on which



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                                                                     25                                  the Administrator submits to the Director


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                                                                       1                                 of the Executive Office for United States
                                                                       2                                 Trustees a written determination that, sub-
                                                                       3                                 ject to satisfying any other eligibility re-
                                                                       4                                 quirements, any debtor in possession or
                                                                       5                                 trustee that is authorized to operate the
                                                                       6                                 business of the debtor under section 1183,
                                                                       7                                 1184, 1203, 1204, or 1304 of title 11,
                                                                       8                                 United States Code, would be eligible for a
                                                                       9                                 loan under paragraphs (36) and (37) of
                                                                     10                                  section 7(a) of the Small Business Act (15
                                                                     11                                  U.S.C. 636(a)); and
                                                                     12                                          (ii) apply to any case pending on or
                                                                     13                                  commenced on or after the date described
                                                                     14                                  in clause (i).
                                                                     15                                  (B) SUNSET.—
                                                                     16                                          (i) IN GENERAL.—If the amendments
                                                                     17                                  made by this subsection take effect under
                                                                     18                                  subparagraph (A), effective on the date
                                                                     19                                  that is 2 years after the date of enactment
                                                                     20                                  of this Act—
                                                                     21                                                   (I) section 364 of title 11, United
                                                                     22                                          States Code, is amended by striking
                                                                     23                                          subsection (g);
                                                                     24                                                   (II) section 503(b) of title 11,



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                                                                     25                                          United States Code, is amended—


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                                                                       1                                                           (aa) in paragraph (8)(B), by
                                                                       2                                                  adding ‘‘and’’ at the end;
                                                                       3                                                           (bb) in paragraph (9), by
                                                                       4                                                  striking ‘‘; and’’ at the end and
                                                                       5                                                  inserting a period; and
                                                                       6                                                           (cc) by striking paragraph
                                                                       7                                                  (10);
                                                                       8                                                  (III) section 1191 of title 11,
                                                                       9                                         United States Code, is amended by
                                                                     10                                          striking subsection (f);
                                                                     11                                                   (IV) section 1225 of title 11,
                                                                     12                                          United States Code, is amended by
                                                                     13                                          striking subsection (d); and
                                                                     14                                                   (V) section 1325 of title 11,
                                                                     15                                          United States Code, is amended by
                                                                     16                                          striking subsection (d).
                                                                     17                                          (ii) APPLICABILITY.—Notwithstanding
                                                                     18                                  the amendments made by clause (i) of this
                                                                     19                                  subparagraph, if the amendments made by
                                                                     20                                  paragraphs (1), (2), (3), (4), and (5) take
                                                                     21                                  effect under subparagraph (A) of this
                                                                     22                                  paragraph, such amendments shall apply
                                                                     23                                  to any case under title 11, United States
                                                                     24                                  Code, commenced before the date that is 2



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                                                                       1                                 years after the date of enactment of this
                                                                       2                                 Act.
                                                                       3               (r) OVERSIGHT.—
                                                                       4                        (1) COMPLIANCE WITH OVERSIGHT REQUIRE-
                                                                       5               MENTS.—

                                                                       6                                 (A) IN GENERAL.—Except as provided in
                                                                       7                        subparagraph (B), on and after the date of en-
                                                                       8                        actment of this Act, the Administrator shall
                                                                       9                        comply with any data or information requests
                                                                     10                         or inquiries made by the Comptroller General of
                                                                     11                         the United States not later than 30 days (or
                                                                     12                         such later date as the Comptroller General may
                                                                     13                         specify) after receiving the request or inquiry.
                                                                     14                                  (B) EXCEPTION.—If the Administrator is
                                                                     15                         unable to comply with a request or inquiry de-
                                                                     16                         scribed in subparagraph (A) within the 30-day
                                                                     17                         period or, if applicable, later period described in
                                                                     18                         that clause, the Administrator shall, during
                                                                     19                         that 30-day (or later) period, submit to the
                                                                     20                         Committee on Small Business and Entrepre-
                                                                     21                         neurship of the Senate and the Committee on
                                                                     22                         Small Business of the House of Representatives
                                                                     23                         a notification that includes a detailed justifica-
                                                                     24                         tion for the inability of the Administrator to



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                                                                     25                         comply with the request or inquiry.


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                                                                       1                        (2) TESTIMONY.—Not later than the date that
                                                                       2               is 30 days after the date of enactment of this Act,
                                                                       3               and every quarter thereafter until the date that is 2
                                                                       4               years after the date of enactment of this Act, the
                                                                       5               Administrator and the Secretary of the Treasury
                                                                       6               shall testify before the Committee on Small Business
                                                                       7               and Entrepreneurship of the Senate and the Com-
                                                                       8               mittee on Small Business of the House of Rep-
                                                                       9               resentatives regarding implementation of this section
                                                                     10                and the amendments made by this section.
                                                                     11                (s) CONFLICTS OF INTEREST.—
                                                                     12                         (1) DEFINITIONS.—In this subsection:
                                                                     13                                  (A) CONTROLLING INTEREST.—The term
                                                                     14                         ‘‘controlling interest’’ means owning, control-
                                                                     15                         ling, or holding not less than 20 percent, by
                                                                     16                         vote or value, of the outstanding amount of any
                                                                     17                         class of equity interest in an entity.
                                                                     18                                  (B) COVERED ENTITY.—
                                                                     19                                          (i) DEFINITION.—The term ‘‘covered
                                                                     20                                  entity’’ means an entity in which a covered
                                                                     21                                  individual directly or indirectly holds a
                                                                     22                                  controlling interest.
                                                                     23                                          (ii) TREATMENT                      OF     SECURITIES.—

                                                                     24                                  For the purpose of determining whether an



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                                                                     25                                  entity is a covered entity, the securities


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                                                                       1                                 owned, controlled, or held by 2 or more in-
                                                                       2                                 dividuals who are related as described in
                                                                       3                                 subparagraph (C)(ii) shall be aggregated.
                                                                       4                                 (C)         COVERED                INDIVIDUAL.—The              term
                                                                       5                        ‘‘covered individual’’ means—
                                                                       6                                         (i) the President, the Vice President,
                                                                       7                                 the head of an Executive department, or a
                                                                       8                                 Member of Congress; and
                                                                       9                                         (ii) the spouse, child, son-in-law, or
                                                                     10                                  daughter-in-law, as determined under ap-
                                                                     11                                  plicable common law, of an individual de-
                                                                     12                                  scribed in clause (i).
                                                                     13                                  (D) EXECUTIVE DEPARTMENT.—The term
                                                                     14                         ‘‘Executive department’’ has the meaning given
                                                                     15                         the term in section 101 of title 5, United States
                                                                     16                         Code.
                                                                     17                                  (E) MEMBER OF CONGRESS.—The term
                                                                     18                         ‘‘Member of Congress’’ means a Member of the
                                                                     19                         Senate or House of Representatives, a Delegate
                                                                     20                         to the House of Representatives, and the Resi-
                                                                     21                         dent Commissioner from Puerto Rico.
                                                                     22                                  (F) EQUITY INTEREST.—The term ‘‘equity
                                                                     23                         interest’’ means—
                                                                     24                                          (i) a share in an entity, without re-



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                                                                     25                                  gard to whether the share is—


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                                                                       1                                                  (I) transferable; or
                                                                       2                                                  (II) classified as stock or any-
                                                                       3                                         thing similar;
                                                                       4                                         (ii) a capital or profit interest in a
                                                                       5                                 limited liability company or partnership; or
                                                                       6                                         (iii) a warrant or right, other than a
                                                                       7                                 right to convert, to purchase, sell, or sub-
                                                                       8                                 scribe to a share or interest described in
                                                                       9                                 clause (i) or (ii), respectively.
                                                                     10                         (2) REQUIREMENT.—The principal executive of-
                                                                     11                ficer and the principal financial officer, or individ-
                                                                     12                uals performing similar functions, of an entity seek-
                                                                     13                ing to enter a transaction made under paragraph
                                                                     14                (36) or (37) of section 7(a) of the Small Business
                                                                     15                Act (15 U.S.C. 636(a)), as added and amended by
                                                                     16                this section, shall, before that transaction is ap-
                                                                     17                proved, disclose to the Administrator whether the
                                                                     18                entity is a covered entity.
                                                                     19                         (3) APPLICABILITY.—The requirement under
                                                                     20                paragraph (2)—
                                                                     21                                  (A) shall apply with respect to any trans-
                                                                     22                         action made under paragraph (36) or (37) of
                                                                     23                         section 7(a) of the Small Business Act (15
                                                                     24                         U.S.C. 636(a)), as added and amended by this



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                                                                                                                            62
                                                                       1                        section, on or after the date of enactment of
                                                                       2                        this Act; and
                                                                       3                                 (B) shall not apply with respect to—
                                                                       4                                         (i) any transaction described in sub-
                                                                       5                                 paragraph (A) that was made before the
                                                                       6                                 date of enactment of this Act; or
                                                                       7                                         (ii) forgiveness under section 1106 of
                                                                       8                                 the CARES Act (15 U.S.C. 9005) or any
                                                                       9                                 other provision of law of any loan associ-
                                                                     10                                  ated with any transaction described in sub-
                                                                     11                                  paragraph (A) that was made before the
                                                                     12                                  date of enactment of this Act.
                                                                     13                (t) COMMITMENT AUTHORITY                                       AND         APPROPRIA-
                                                                     14      TIONS.—

                                                                     15                         (1)           COMMITMENT                        AUTHORITY.—Section

                                                                     16                1102(b) of the CARES Act (Public Law 116–136)
                                                                     17                is amended—
                                                                     18                                  (A) in paragraph (1)—
                                                                     19                                          (i) in the paragraph heading, by in-
                                                                     20                                  serting          ‘‘AND             SECOND           DRAW’’      after
                                                                     21                                  ‘‘PPP’’;
                                                                     22                                          (ii) by striking ‘‘August 8, 2020’’ and
                                                                     23                                  inserting ‘‘December 31, 2020’’;
                                                                     24                                          (iii) by striking ‘‘paragraph (36)’’ and



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                                                                     25                                  inserting ‘‘paragraphs (36) and (37)’’; and


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                                                                                                                             63
                                                                       1                                         (iv) by striking ‘‘$659,000,000,000’’
                                                                       2                                 and inserting ‘‘$779,640,000,000’’; and
                                                                       3                                 (B) by amending paragraph (2) to read as
                                                                       4                        follows:
                                                                       5                        ‘‘(2) OTHER 7(A) LOANS.—During fiscal year
                                                                       6               2020, the amount authorized for commitments for
                                                                       7               section 7(a) of the Small Business Act (15 U.S.C.
                                                                       8               636(a)) under the heading ‘Small Business Adminis-
                                                                       9               tration—Business Loans Program Account’ in the
                                                                     10                Financial Services and General Government Appro-
                                                                     11                priations Act, 2020 (division C of Public Law 116–
                                                                     12                193) shall apply with respect to any commitments
                                                                     13                under such section 7(a) other than under para-
                                                                     14                graphs (36) and (37) of such section 7(a).’’.
                                                                     15                         (2) DIRECT APPROPRIATIONS.—
                                                                     16                                  (A) NEW                 DIRECT APPROPRIATIONS FOR

                                                                     17                         PPP LOANS, SECOND DRAW LOANS, AND THE

                                                                     18                         MBDA.—There is appropriated, out of amounts

                                                                     19                         in the Treasury not otherwise appropriated, for
                                                                     20                         the fiscal year ending September 30, 2020, to
                                                                     21                         remain available until September 30, 2021, for
                                                                     22                         additional amounts—
                                                                     23                                          (i) $257,640,000,000 under the head-
                                                                     24                                  ing         ‘‘Small         Business            Administration—



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                                                                     25                                  Business Loans Program Account, CARES


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                                                                                                                            64
                                                                       1                                 Act’’ for the cost of guaranteed loans as
                                                                       2                                 authorized under paragraph (36) and (37)
                                                                       3                                 of section 7(a) of the Small Business Act
                                                                       4                                 (15 U.S.C. 636(a)), as amended and added
                                                                       5                                 by this Act;
                                                                       6                                         (ii) $10,000,000 under the heading
                                                                       7                                 ‘‘Department                  of        Commerce—Minority
                                                                       8                                 Business Development Agency’’ for minor-
                                                                       9                                 ity business centers of the Minority Busi-
                                                                     10                                  ness Development Agency to provide tech-
                                                                     11                                  nical assistance to small business concerns;
                                                                     12                                  and
                                                                     13                                          (iii) $50,000,000 under the heading
                                                                     14                                  ‘‘Small Business Administration—Salaries
                                                                     15                                  and Expenses’’ for the cost of carrying out
                                                                     16                                  reviews and audits of loans under sub-
                                                                     17                                  section (l) of section 1106 of the CARES
                                                                     18                                  Act (15 U.S.C. 9005), as amended by this
                                                                     19                                  Act.
                                                                     20                                  (B) AVAILABILITY OF AMOUNTS APPRO-
                                                                     21                         PRIATED FOR THE OFFICE OF INSPECTOR GEN-

                                                                     22                         ERAL.—Section 1107(a)(3) of the CARES Act

                                                                     23                         (15 U.S.C. 9006(a)(3)) is amended by striking
                                                                     24                         ‘‘September 20, 2024’’ and inserting ‘‘ex-



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                                                                     25                         pended’’.


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                                                                                                                            65
                                                                       1                        (3) RESCISSION.—Of the unobligated balances
                                                                       2               in the appropriations account under the heading
                                                                       3               ‘‘Small Business Administration—Business Loans
                                                                       4               Program Account, CARES Act’’ as of the day before
                                                                       5               the date of enactment of this Act, effective on the
                                                                       6               date of enactment of this Act $137,000,000,000
                                                                       7               shall be rescinded and deposited into the general
                                                                       8               fund of the Treasury.
                                                                       9                        (4) EMERGENCY DESIGNATION.—
                                                                     10                                  (A) IN GENERAL.—The amounts provided
                                                                     11                         under this subsection are designated as an
                                                                     12                         emergency requirement pursuant to section 4(g)
                                                                     13                         of the Statutory Pay-As-You-Go Act of 2010 (2
                                                                     14                         U.S.C. 933(g)).
                                                                     15                                  (B) DESIGNATION                        IN     SENATE.—In        the
                                                                     16                         Senate, this subsection is designated as an
                                                                     17                         emergency requirement pursuant to section
                                                                     18                         4112(a) of H. Con. Res. 71 (115th Congress),
                                                                     19                         the concurrent resolution on the budget for fis-
                                                                     20                         cal year 2018.




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                              Calendar No. 562
116TH CONGRESS
   2D SESSION       S. 4773
                                                                                     S4773
                  A BILL
                                                                                     E:\BILLS\S4773.PCS




  To establish the Paycheck Protection Program
   Second Draw Loan, and for other purposes.
                 OCTOBER 1, 2020
   Read the second time and placed on the calendar
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