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S. 4875, Protections for Good Faith PPP Borrowers and Lenders Act

Summary

Senate bill 4875, the Protections for Good Faith PPP Borrowers and Lenders Act, introduced in the Senate of the United States on October 26 (legislative day, October 19), 2020, by Lee and referred to the Committee on Banking, Housing, and Urban Affairs. Its printed purpose is to provide protections for good faith borrowers and lenders under the paycheck protection program, and for other purposes. Section 2 amends the CARES Act by inserting a hold harmless provision under which a lender may rely on certifications and documentation submitted by an applicant or eligible recipient, and no enforcement or other action may be taken against the lender based on such reliance, including claims under the Small Business Act and the False Claims Act.

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Congressional materials
Document type
Bills Bills 116S4875Is Bills 116S4875Is
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Bills Bills 116S4875Is Bills 116S4875Is

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“S. 4875, Protections for Good Faith PPP Borrowers and Lenders Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4875is-bills-116s4875is/, SHA-256 3e53b26f8c8e21236ec1b97e505702dfe356674950c4f0c2dd2686ec13267eaa.

Full text

                                                                                                                                                                          II




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4875
                                                                             To provide protections for good faith borrowers and lenders under the
                                                                                     paycheck protection program, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                     OCTOBER 26 (legislative day, OCTOBER 19), 2020
                                                                         Mr. LEE introduced the following bill; which was read twice and referred to
                                                                                 the Committee on Banking, Housing, and Urban Affairs




                                                                                                                 A BILL
                                                                       To provide protections for good faith borrowers and lenders
                                                                          under the paycheck protection program, and for other
                                                                          purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Protections for Good
                                                                         5 Faith PPP Borrowers and Lenders Act’’.
                                                                         6     SEC. 2. HOLDING HARMLESS GOOD FAITH BORROWERS

                                                                         7                             AND LENDERS.

                                                                         8




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                                                                                        Section 1106 of the CARES Act (15 U.S.C. 9005)
                                                                         9 is amended—



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                                                                         1                       (1) by striking subsection (h) and inserting the
                                                                         2              following:
                                                                         3              ‘‘(h) HOLD HARMLESS.—
                                                                         4                       ‘‘(1) IN GENERAL.—A lender may rely on all
                                                                         5              certifications and documentation submitted by an
                                                                         6              applicant or eligible recipient pursuant to any re-
                                                                         7              quirement in statute regarding covered loans, or
                                                                         8              rules or guidance promulgated to carry out any ac-
                                                                         9              tion relating to covered loans, from an applicant or
                                                                       10               eligible recipient attesting that the applicant or eligi-
                                                                       11               ble recipient has accurately verified all documenta-
                                                                       12               tion provided to the lender.
                                                                       13                        ‘‘(2) NO ENFORCEMENT ACTION.—With respect
                                                                       14               to a lender that relies on the certifications and docu-
                                                                       15               mentation described in paragraph (1)—
                                                                       16                                  ‘‘(A) no enforcement or other action may
                                                                       17                        be taken against the lender relating to loan
                                                                       18                        origination, forgiveness, or guarantee based on
                                                                       19                        such reliance, including claims under—
                                                                       20                                         ‘‘(i) the Small Business Act (15
                                                                       21                                  U.S.C. 631 et seq.);
                                                                       22                                         ‘‘(ii) sections 3729 through 3733 of
                                                                       23                                  title 31, United States Code (commonly




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                                                                       24                                  known as the ‘False Claims Act’);




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                                                                         1                                        ‘‘(iii) the Financial Institutions Re-
                                                                         2                                 form, Recovery, and Enforcement Act of
                                                                         3                                 1989 (Public Law 101–73; 101 Stat. 183);
                                                                         4                                        ‘‘(iv) section 21 of the Federal De-
                                                                         5                                 posit Insurance Act (12 U.S.C. 1829b),
                                                                         6                                 chapter 2 of title I of Public Law 91–508
                                                                         7                                 (12 U.S.C. 1951 et seq.), and subchapter
                                                                         8                                 II of chapter 53 of title 31, United States
                                                                         9                                 Code (collectively known as the ‘Bank Se-
                                                                       10                                  crecy Act’); or
                                                                       11                                         ‘‘(v) any other Federal, State, or
                                                                       12                                  other criminal or civil law or regulation;
                                                                       13                                  and
                                                                       14                                  ‘‘(B) the lender shall not be subject to any
                                                                       15                        penalties relating to loan origination, forgive-
                                                                       16                        ness, or guarantee based on such reliance.’’;
                                                                       17                        and
                                                                       18                        (2) by adding at the end the following:
                                                                       19               ‘‘(n)        ENFORCEMENT                       ACTION              AGAINST        BOR-
                                                                       20      ROWERS.—An eligible recipient of a covered loan may only

                                                                       21 be subject to an enforcement action or penalty relating
                                                                       22 to loan origination, forgiveness, or guarantee of the cov-
                                                                       23 ered loan if the eligible recipient commits fraud or expends




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                                                                       24 covered loan proceeds on expenses that are not allowable




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                                                                         1 under section 7(a)(36)(F) of the Small Business Act (15
                                                                         2 U.S.C. 636(a)(36)(F)).’’.
                                                                         3     SEC. 3. EXCLUSION OF PPP LOANS FROM THE CALCULA-

                                                                         4                             TION OF LENDING INSTITUTION ASSETS.

                                                                         5              (a) DEFINITIONS.—In this section—
                                                                         6                       (1) the terms ‘‘bank’’ and ‘‘bank holding com-
                                                                         7              pany’’ have the meanings given those terms in sec-
                                                                         8              tion 2 of the Bank Holding Company Act of 1956
                                                                         9              (12 U.S.C. 1841);
                                                                       10                        (2) the term ‘‘credit union’’ includes—
                                                                       11                                  (A) an insured credit union, as that term
                                                                       12                        is defined in section 101 of the Federal Credit
                                                                       13                        Union Act (12 U.S.C. 1752); and
                                                                       14                                  (B) any credit union that is eligible to
                                                                       15                        make application to become an insured credit
                                                                       16                        union pursuant to section 201 of the Federal
                                                                       17                        Credit Union Act (12 U.S.C. 1781); and
                                                                       18                        (3) the term ‘‘lending institution’’ includes a
                                                                       19               bank, a bank holding company, and a credit union.
                                                                       20               (b) PROHIBITION.—No loan made under section
                                                                       21 7(a)(36) of the Small Business Act (15 U.S.C.
                                                                       22 636(a)(36)) may be included in any asset threshold cal-
                                                                       23 culation for any lending institution, including a threshold




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                                                                       24 described in—




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                                                                         1                       (1) section 10(d)(4)(A) of the Federal Deposit
                                                                         2              Insurance Act (12 U.S.C. 1820(d)(4)(A));
                                                                         3                       (2) section 809 of the Community Reinvestment
                                                                         4              Act of 1977 (12 U.S.C. 2908);
                                                                         5                       (3) section 13(h)(1)(B)(i) of the Bank Holding
                                                                         6              Company Act of 1956 (12 U.S.C. 1851(h)(1)(B)(i));
                                                                         7              and
                                                                         8                       (4) any regulation promulgated under a section
                                                                         9              described in paragraph (1), (2), or (3).
                                                                       10      SEC. 4. PROHIBITION ON CFPB OVERSIGHT OF LENDING IN-

                                                                       11                              STITUTIONS PARTICIPATING IN THE PPP.

                                                                       12               The Bureau of Consumer Financial Protection shall
                                                                       13 not have the authority to—
                                                                       14                        (1) assess, audit, review, or examine any part
                                                                       15               of the participation of a lender in the program es-
                                                                       16               tablished under section 7(a)(36) of the Small Busi-
                                                                       17               ness Act (15 U.S.C. 636(a)(36)); or
                                                                       18                        (2) levy fees or fines against a lender due to
                                                                       19               any action of the lender under the program de-
                                                                       20               scribed in paragraph (1).
                                                                                                                                  Æ




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