H.R. 1035, Fairness for Craft Beverage Producers Act
Summary
H.R. 1035, the Fairness for Craft Beverage Producers Act, was introduced in the House of Representatives on February 11, 2021, by Wexton with Crow, Salazar, Rouzer and Newhouse. It amends the Small Business Act to include certain beverage manufacturing entities for paycheck protection program second draw loans. Eligible entities include those assigned a code beginning with 3121 that derived at least 35 percent of gross annual revenue during either calendar year 2019 or 2020 from in-person sales of products. The amendments are effective as if included in the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act and do not apply to loans for which the borrower received forgiveness before enactment.
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“H.R. 1035, Fairness for Craft Beverage Producers Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr1035ih-bills-117hr1035ih/
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I
117TH CONGRESS
1ST SESSION
H. R. 1035
To amend the Small Business Act to include certain beverage manufacturing
entities for paycheck protection program second draw loans, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 11, 2021
Ms. WEXTON (for herself, Mr. CROW, Ms. SALAZAR, Mr. ROUZER, and Mr.
NEWHOUSE) introduced the following bill; which was referred to the Com-
mittee on Small Business
A BILL
To amend the Small Business Act to include certain beverage
manufacturing entities for paycheck protection program
second draw loans, 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 ‘‘Fairness for Craft Bev-
5 erage Producers Act’’.
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1 SEC. 2. INCLUSION OF CERTAIN BEVERAGE MANUFAC-
2 TURING ENTITIES FOR PAYCHECK PROTEC-
3 TION PROGRAM SECOND DRAW LOANS.
4 (a) IN GENERAL.—Section 7(a)(37)(C)(iv) of the
5 Small Business Act (as added by section 311 of the Eco-
6 nomic Aid to Hard-Hit Small Businesses, Nonprofits, and
7 Venues Act (Public Law 116–260)) is amended—
8 (1) in the heading, by striking ‘‘NAICS 72’’ and
9 inserting ‘‘CERTAIN NAICS’’; and
10 (2) by inserting ‘‘, or assigned such a code be-
11 ginning with 3121 that also derived at least 35 per-
12 cent of gross annual revenue during either calendar
13 year 2019 or 2020 from in-person sales of prod-
14 ucts,’’ after ‘‘72’’.
15 (b) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—Sec-
16 tion 1112(c)(1) of the CARES Act (as added by section
17 325 of the Economic Aid to Hard-Hit Small Businesses,
18 Nonprofits, and Venues Act (Public Law 116–260)) is
19 amended—
20 (1) in subparagraph (A)(ii)(I)(bb), by inserting
21 ‘‘, or assigned such a code beginning with 3121 that
22 also derived at least 35 percent of gross annual rev-
23 enue during either calendar year 2019 or 2020 from
24 in-person sales of products’’ after ‘‘812’’; and
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25 (2) in subparagraph (B)(ii)(I)(bb), by inserting
26 ‘‘, or assigned such a code beginning with 3121 that
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3
1 also derived at least 35 percent of gross annual rev-
2 enue during either calendar year 2019 or 2020 from
3 in-person sales of products’’ after ‘‘812’’.
4 (c) EFFECTIVE DATE; APPLICABILITY.—
5 (1) IN GENERAL.—Except as provided in para-
6 graph (2), the amendments made by this Act shall
7 be effective as if included in the Economic Aid to
8 Hard-Hit Small Businesses, Nonprofits, and Venues
9 Act (Public Law 116–260) and shall apply to any
10 loan made pursuant to section 7(a)(37) of the Small
11 Business Act or any covered loan made under sec-
12 tion 1112 of the CARES Act (15 U.S.C. 9011) be-
13 fore, on, or after the date of enactment of this Act,
14 including forgiveness of such a loan.
15 (2) EXCLUSION OF LOANS ALREADY FOR-
16 GIVEN.—The amendments made by subsection (a)
17 shall not apply to a loan made pursuant to section
18 7(a)(37) of the Small Business Act or any covered
19 loan made under section 1112 of the CARES Act
20 (15 U.S.C. 9011) for which the borrower received
21 forgiveness before the date of enactment of this Act.
Æ
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