Congressional Record, Volume 166, Number 178 (Monday, October 19, 2020) — Senate, Pages S6296-S6301
Summary
Senate pages S6296-S6301 of the Congressional Record for Monday, October 19, 2020 print amendment SA 2680, proposed by McConnell with Rubio and Collins to amendment SA 2652. Its Title IV, the Continuing the Paycheck Protection Program Act, adds covered operations expenditures, property damage costs, supplier costs and worker protection expenditures as allowable uses of loans. A lender acting in good faith may rely on borrower certifications, and covered loans of not more than $150,000 get a one-page forgiveness form. It creates second draw loans for eligible entities with not more than 300 employees. It appropriates $257,640,000,000 for guaranteed loans and $50,000,000 for reviews and audits of loans.
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[Congressional Record Volume 166, Number 178 (Monday, October 19, 2020)]
[Senate]
[Pages S6296-S6301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2680. Mr. McCONNELL (for himself, Mr. Rubio, and Ms. Collins)
proposed an amendment to amendment SA 2652 proposed by Mr. McConnell to
the bill S. 178, to condemn gross human rights violations of ethnic
Turkic Muslims in Xinjiang, and calling for an end to arbitrary
detention, torture, and harassment of these communities inside and
outside China; as follows:
On page 73, strike line 9 and all that follows through page
136, line 6, and insert the following:
TITLE IV--SMALL BUSINESS PROGRAMS
SEC. 4001. SMALL BUSINESS RECOVERY.
(a) Short Title.--This section may be cited as the
``Continuing the Paycheck Protection Program Act''.
(b) Definitions.--In this section:
(1) Administration; administrator.--The terms
``Administration'' and ``Administrator'' mean the Small
Business Administration and the Administrator thereof,
respectively.
(2) Small business concern.--The term ``small business
concern'' has the meaning given the term in section 3 of the
Small Business Act (15 U.S.C. 632).
(c) Emergency Rulemaking Authority.-- Not later than 30
days after the date of enactment of this Act, the
Administrator shall issue regulations to carry out this
section and the amendments made by this section without
regard to the notice requirements under section 553(b) of
title 5, United States Code.
(d) Additional Eligible Expenses.--
(1) Allowable use of ppp loan.--Section 7(a)(36)(F)(i) of
the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is
amended--
(A) in subclause (VI), by striking ``and'' at the end;
(B) in subclause (VII), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(VIII) covered operations expenditures, as defined in
section 1106(a) of the CARES Act (15 U.S.C. 9005(a));
``(IX) covered property damage costs, as defined in such
section 1106(a);
``(X) covered supplier costs, as defined in such section
1106(a); and
``(XI) covered worker protection expenditures, as defined
in such section 1106(a).''.
(2) Loan forgiveness.--Section 1106 of the CARES Act (15
U.S.C. 9005) is amended--
(A) in subsection (a)--
(i) by redesignating paragraphs (6), (7), and (8) as
paragraphs (10), (11), and (12), respectively;
(ii) by redesignating paragraph (5) as paragraph (8);
(iii) by redesignating paragraph (4) as paragraph (6);
(iv) by redesignating paragraph (3) as paragraph (4);
(v) by inserting after paragraph (2) the following:
``(3) the term `covered operations expenditure' means a
payment for any business software or cloud computing service
that facilitates business operations, product or service
delivery, the processing, payment, or tracking of payroll
expenses, human resources, sales and billing functions, or
accounting or tracking of supplies, inventory, records and
expenses;'';
(vi) by inserting after paragraph (4), as so redesignated,
the following:
``(5) the term `covered property damage cost' means a cost
related to property damage and vandalism or looting due to
public disturbances that occurred during 2020 that was not
covered by insurance or other compensation;'';
(vii) by inserting after paragraph (6), as so redesignated,
the following:
``(5) the term `covered supplier cost' means an expenditure
made by an entity to a supplier of goods pursuant to a
contract, order, or purchase order in effect before October
1, 2020 for the supply of goods that are essential to the
operations of the entity at the time at which the expenditure
is made;'';
(viii) by inserting after paragraph (8), as so
redesignated, the following:
``(9) the term `covered worker protection expenditure'--
``(A) means an operating or a capital expenditure that is
required to facilitate the adaptation of the business
activities of an entity to comply with requirements
established or guidance issued by the Department of Health
and Human Services, the Centers for Disease Control, or the
Occupational Safety and Health Administration during the
period beginning on March 1, 2020 and ending the date on
which the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.) with
respect to the Coronavirus Disease 2019 (COVID-19) expires
related to the maintenance of standards for sanitation,
social distancing, or any other worker or customer safety
requirement related to COVID-19;
``(B) may include--
``(i) the purchase, maintenance, or renovation of assets
that create or expand--
``(I) a drive-through window facility;
``(II) an indoor, outdoor, or combined air or air pressure
ventilation or filtration system;
``(III) a physical barrier such as a sneeze guard;
``(IV) an indoor, outdoor, or combined commercial real
property;
``(V) an onsite or offsite health screening capability; or
``(VI) other assets relating to the compliance with the
requirements or guidance described in subparagraph (A), as
determined by the Administrator in consultation with the
Secretary of Health and Human Services and the Secretary of
Labor; and
``(ii) the purchase of--
``(I) covered materials described in section 328.103(a) of
title 44, Code of Federal Regulations, or any successor
regulation;
``(II) particulate filtering facepiece respirators approved
by the National Institute for Occupational Safety and Health,
including those approved only for emergency use
authorization; or
``(III) other kinds of personal protective equipment, as
determined by the Administrator in consultation with the
Secretary of Health and Human Services and the Secretary of
Labor; and
``(C) does not include residential real property or
intangible property;''; and
(ix) in paragraph (11), as so redesignated--
(I) in subparagraph (C), by striking ``and'' at the end;
(II) in subparagraph (D), by striking ``and'' at the end;
and
(III) by adding at the end the following:
``(E) covered operations expenditures;
``(F) covered property damage costs;
``(G) covered supplier costs; and
``(H) covered worker protection expenditures; and'';
(B) in subsection (b), by adding at the end the following:
``(5) Any covered operations expenditure.
``(6) Any covered property damage cost.
``(7) Any covered supplier cost.
``(8) Any covered worker protection expenditure.'';
[[Page S6297]]
(C) in subsection (d)(8), by inserting ``any payment on any
covered operations expenditure, any payment on any covered
property damage cost, any payment on any covered supplier
cost, any payment on any covered worker protection
expenditure,'' after ``rent obligation,''; and
(D) in subsection (e)--
(i) in paragraph (2), by inserting ``payments on covered
operations expenditures, payments on covered property damage
costs, payments on covered supplier costs, payments on
covered worker protection expenditures,'' after ``lease
obligations,''; and
(ii) in paragraph (3)(B), by inserting ``make payments on
covered operations expenditures, make payments on covered
property damage costs, make payments on covered supplier
costs, make payments on covered worker protection
expenditures,'' after ``rent obligation,''.
(e) Lender Safe Harbor.--Subsection (h) of section 1106 of
the CARES Act (15 U.S.C. 9005) is amended to read as follows:
``(h) Hold Harmless.--
``(1) In general.--A lender may rely on any certification
or documentation submitted by an applicant for a covered loan
or an eligible recipient of a covered loan that--
``(A) is submitted pursuant to any statutory requirement
relating to covered loans or any rule or guidance issued to
carry out any action relating to covered loans; and
``(B) attests that the applicant or eligible recipient, as
applicable, has accurately verified any certification or
documentation provided to the lender.
``(2) No enforcement action.--With respect to a lender that
relies on a certification or documentation described in
paragraph (1)--
``(A) an enforcement action may not be taken against the
lender acting in good faith relating to origination or
forgiveness of a covered loan based on such reliance; and
``(B) the lender acting in good faith shall not be subject
to any penalties relating to origination or forgiveness of a
covered loan based on such reliance.''.
(f) Selection of Covered Period for Forgiveness.--Section
1106 of the CARES Act (15 U.S.C. 9005) is amended--
(1) by amending paragraph (4) of subsection (a), as so
redesignated by subsection (d) of this section, to read as
follows:
``(4) the term `covered period' means the period--
``(A) beginning on the date of the origination of a covered
loan; and
``(B) ending on a date selected by the eligible recipient
of the covered loan that occurs during the period--
``(i) beginning on the date that is 8 weeks after such date
of origination; and
``(ii) ending on the date that is 24 weeks after such date
of origination;''; and
(2) by striking subsection (l).
(g) Simplified Application.--Section 1106 of the CARES Act
(15 U.S.C. 9005), as amended by subsection (f) of this
section, is amended--
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ``An eligible'' and inserting ``Except as
provided in subsection (l), an eligible'';
(2) in subsection (f), by inserting ``or the information
required under subsection (l), as applicable'' after
``subsection (e)''; and
(3) by adding at the end the following:
``(l) Simplified Application.--
``(1) Covered loans under $150,000.--
``(A) In general.--Notwithstanding subsection (e), with
respect to a covered loan made to an eligible recipient that
is not more than $150,000, the covered loan amount shall be
forgiven under this section if the eligible recipient--
``(i) signs and submits to the lender a one-page online or
paper form, to be established by the Administrator not later
than 7 days after the date of enactment of the Continuing the
Paycheck Protection Program Act, that--
``(I) reports the amount of the covered loan amount spent
by the eligible recipient--
``(aa) on payroll costs; and
``(bb) on the sum of--
``(AA) payments of interest on any covered mortgage
obligation (which shall not include any prepayment of or
payment of principal on a covered mortgage obligation);
``(BB) payments on any covered rent obligation;
``(CC) covered utility payments;
``(DD) covered operations expenditures;
``(EE) covered property damage costs;
``(FF) covered supplier costs; and
``(GG) covered worker protection expenditures; and
``(II) attests that the eligible recipient made a good
faith effort to comply with the requirements under section
7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36));
and
``(ii) retains records relevant to the form that prove
compliance with those requirements--
``(I) with respect to employment records, for the 4-year
period following submission of the form; and
``(II) with respect to other records, for the 3-year period
following submission of the form.
``(B) Demographic information.--An eligible recipient of a
covered loan described in subparagraph (A) may complete and
submit any form related to borrower demographic information.
``(C) Audit.--The Administrator may--
``(i) review and audit covered loans described in
subparagraph (A); and
``(ii) in the case of fraud, ineligibility, or other
material noncompliance with applicable loan or loan
forgiveness requirements, modify--
``(I) the amount of a covered loan described in
subparagraph (A); or
``(II) the loan forgiveness amount with respect to a
covered loan described in subparagraph (A).
``(2) Covered loans between $150,000 and $2,000,000.--
``(A) In general.--Notwithstanding subsection (e), with
respect to a covered loan made to an eligible recipient that
is more than $150,000 and not more than $2,000,000--
``(i) the eligible recipient seeking loan forgiveness under
this section--
``(I) is not required to submit the supporting
documentation described in paragraph (1) or (2) of subsection
(e) or the certification described in subsection (e)(3)(A);
``(II) shall retain--
``(aa) all employment records relevant to the application
for loan forgiveness for the 4-year period following
submission of the application; and
``(bb) all other supporting documentation relevant to the
application for loan forgiveness for the 3-year period
following submission of the application; and
``(III) may complete and submit any form related to
borrower demographic information;
``(ii) review by the lender of an application submitted by
the eligible recipient for loan forgiveness under this
section shall be limited to whether the lender received a
complete application, with all fields completed, initialed,
or signed, as applicable; and
``(iii) the lender shall--
``(I) accept the application submitted by the eligible
recipient for loan forgiveness under this section; and
``(II) submit the application to the Administrator.
``(B) Audit.--The Administrator may--
``(i) review and audit covered loans described in
subparagraph (A); and
``(ii) in the case of fraud, ineligibility, or other
material noncompliance with applicable loan or loan
forgiveness requirements, modify--
``(I) the amount of a covered loan described in
subparagraph (A); or
``(II) the loan forgiveness amount with respect to a
covered loan described in subparagraph (A).
``(3) Audit plan.--
``(A) In general.--Not later than 30 days after the date of
enactment of the Continuing the Paycheck Protection Program
Act, the Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives an audit
plan that details--
``(i) the policies and procedures of the Administrator for
conducting reviews and audits of covered loans; and
``(ii) the metrics that the Administrator shall use to
determine which covered loans will be audited for each
category of covered loans described in paragraphs (1) and
(2).
``(B) Reports.--Not later than 30 days after the date on
which the Administrator submits the audit plan required under
subparagraph (A), and each month thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
review and audit activities of the Administrator under this
subsection, which shall include--
``(i) the number of active reviews and audits;
``(ii) the number of reviews and audits that have been
ongoing for more than 60 days; and
``(iii) any substantial changes made to the audit plan
submitted under subparagraph (A).''.
(h) Group Insurance Payments as Payroll Costs.--Section
7(a)(36)(A)(viii)(I)(aa)(EE) of the Small Business Act (15
U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by
inserting ``and other group insurance'' before ``benefits''.
(i) Paycheck Protection Program Second Draw Loans.--Section
7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended
by adding at the end the following:
``(37) Paycheck protection program second draw loans.--
``(A) Definitions.--In this paragraph--
``(i) the terms `community financial institutions', `credit
union', `eligible self-employed individual', `insured
depository institution', `nonprofit organization', `payroll
costs', `seasonal employer', and `veterans organization' have
the meanings given those terms in paragraph (36), except that
`eligible entity' shall be substituted for `eligible
recipient' each place it appears in the definitions of those
terms;
``(ii) the term `covered loan' means a loan made under this
paragraph;
``(iii) the terms `covered mortgage obligation', `covered
operating expenditure', `covered property damage cost',
`covered rent obligation', `covered supplier cost', `covered
utility payment', and `covered worker protection expenditure'
have the meanings given those terms in section 1106(a) of the
CARES Act (15 U.S.C. 9005(a));
``(iv) the term `covered period' means the period beginning
on the date of the origination of a covered loan and ending
on December 31, 2020;
``(v) the term `eligible entity'--
``(I) means any business concern, nonprofit organization,
veterans organization, Tribal
[[Page S6298]]
business concern, eligible self-employed individual, sole
proprietor, independent contractor, or small agricultural
cooperative that--
``(aa)(AA) with respect to a business concern, would
qualify as a small business concern by the annual receipts
size standard (if applicable) established by section 121.201
of title 13, Code of Federal Regulations, or any successor
regulation; or
``(BB) if the entity does not qualify as a small business
concern, meets the alternative size standard established
under section 3(a)(5);
``(bb) employs not more than 300 employees; and
``(cc)(AA) except as provided in subitems (BB), (CC), and
(DD), had gross receipts during the first, second, or third
quarter in 2020 that demonstrate not less than a 35 percent
reduction from the gross receipts of the entity during the
same quarter in 2019;
``(BB) if the entity was not in business during the first
or second quarter of 2019, but was in business during the
third and fourth quarter of 2019, had gross receipts during
the first, second, or third quarter of 2020 that demonstrate
not less than a 35 percent reduction from the gross receipts
of the entity during the third or fourth quarter of 2019;
``(CC) if the entity was not in business during the first,
second, or third quarter of 2019, but was in business during
the fourth quarter of 2019, had gross receipts during the
first, second, or third quarter of 2020 that demonstrate not
less than a 35 percent reduction from the gross receipts of
the entity during the fourth quarter of 2019; or
``(DD) if the entity was not in business during 2019, but
was in operation on February 15, 2020, had gross receipts
during the second or third quarter of 2020 that demonstrate
not less than a 35 percent reduction from the gross receipts
of the entity during the first quarter of 2020;
``(II) includes an organization described in subparagraph
(D)(vii) of paragraph (36) that is eligible to receive a loan
under that paragraph and that meets the requirements
described in items (aa) and (cc) of subclause (I); and
``(III) does not include--
``(aa) an issuer, the securities of which are listed on an
exchange registered a national securities exchange under
section 6 of the Securities Exchange Act of 1934 (15 U.S.C.
78f);
``(bb) any entity that--
``(AA) is a type of business concern described in
subsection (b), (c), (d), (e), (f), (h), (l) (m), (p), (q),
(r), or (s) of section 120.110 of title 13, Code of Federal
Regulations, or any successor regulation;
``(BB) is a type of business concern described in section
120.110(g) of title 13, Code of Federal Regulations, or any
successor regulation, except as otherwise provided in the
interim final rule of the Administration entitled `Business
Loan Program Temporary Changes; Paycheck Protection Program--
Additional Eligibility Criteria and Requirements for Certain
Pledges of Loans' (85 Fed. Reg. 21747 (April 20, 2020));
``(CC) is a type of business concern described in section
120.110(i) of title 13, Code of Federal Regulations, or any
successor regulation, except if the business concern is an
organization described in paragraph (36)(D)(vii);
``(DD) is a type of business concern described in section
120.110(j) of title 13, Code of Federal Regulations, or any
successor regulation, except as otherwise provided in the
interim final rules of the Administration entitled `Business
Loan Program Temporary Changes; Paycheck Protection Program--
Eligibility of Certain Electric Cooperatives' (85 Fed. Reg.
29847 (May 19, 2020)) and `Business Loan Program Temporary
Changes; Paycheck Protection Program--Eligibility of Certain
Telephone Cooperatives' (85 Fed. Reg. 35550 (June 11, 2020))
or any other guidance or rule issued or that may be issued by
the Administrator;
``(EE) is a type of business concern described in section
120.110(n) of title 13, Code of Federal Regulations, or any
successor regulation, except as otherwise provided in the
interim final rule of the Administration entitled `Business
Loan Program Temporary Changes; Paycheck Protection Program--
Additional Eligibility Revisions to First Interim Final Rule'
(85 Fed. Reg. 38301 (June 26, 2020)) or any other guidance or
rule issued or that may be issued by the Administrator;
``(FF) is a type of business concern described in section
120.110(o) of title 13, Code of Federal Regulations, or any
successor regulation, except as otherwise provided in any
guidance or rule issued or that may be issued by the
Administrator; or
``(GG) is an entity that would be described in the
subsections listed in subitems (AA) through (FF) if the
entity were a business concern; or
``(HH) is assigned, or was approved for a loan under
paragraph (36) with, a North American Industry Classification
System code beginning with 52;
``(cc) any business concern or entity primarily engaged in
political or lobbying activities, which shall include any
entity that is organized for research or for engaging in
advocacy in areas such as public policy or political strategy
or otherwise describes itself as a think tank in any public
documents;
``(dd) any business concern or entity--
``(AA) for which an entity created in or organized under
the laws of the People's Republic of China or the Special
Administrative Region of Hong Kong, or that has significant
operations in the People's Republic of China or the Special
Administrative Region of Hong Kong, owns or holds, directly
or indirectly, not less than 20 percent of the economic
interest of the business concern or entity, including as
equity shares or a capital or profit interest in a limited
liability company or partnership; or
``(BB) that retains, as a member of the board of directors
of the business concern, a person who is a resident of the
People's Republic of China; or
``(ee) any person required to submit a registration
statement under section 2 of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 612);
``(vi) the terms `exchange', `issuer', and `security' have
the meanings given those terms in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and
``(vii) the term `Tribal business concern' means a Tribal
business concern described in section 31(b)(2)(C).
``(B) Loans.--Except as otherwise provided in this
paragraph, the Administrator may guarantee covered loans to
eligible entities under the same terms, conditions, and
processes as a loan made under paragraph (36).
``(C) Maximum loan amount.--
``(i) In general.--Except as otherwise provided in this
subparagraph, the maximum amount of a covered loan made to an
eligible entity is the lesser of--
``(I) the product obtained by multiplying--
``(aa) at the election of the eligible entity, the average
total monthly payment for payroll costs incurred or paid by
the eligible entity during--
``(AA) the 1-year period before the date on which the loan
is made; or
``(BB) calendar year 2019; by
``(bb) 2.5; or
``(II) $2,000,000.
``(ii) Seasonal employers.--The maximum amount of a covered
loan made to an eligible entity that is a seasonal employer
is the lesser of--
``(I) the product obtained by multiplying--
``(aa) at the election of the eligible entity, the average
total monthly payments for payroll costs incurred or paid by
the eligible entity--
``(AA) for a 12-week period beginning February 15, 2019 or
March 1, 2019 and ending June 30, 2019; or
``(BB) for a consecutive 12-week period between May 1, 2019
and September 15, 2019; by
``(bb) 2.5; or
``(II) $2,000,000.
``(iii) New entities.--The maximum amount of a covered loan
made to an eligible entity that did not exist during the 1-
year period preceding February 15, 2020 is the lesser of--
``(I) the product obtained by multiplying--
``(aa) the quotient obtained by dividing--
``(AA) the sum of the total monthly payments by the
eligible entity for payroll costs paid or incurred by the
eligible entity as of the date on which the eligible entity
applies for the covered loan; by
``(BB) the number of months in which those payroll costs
were paid or incurred; by
``(bb) 2.5; or
``(II) $2,000,000.
``(iv) Limit for multiple locations.--With respect to an
eligible entity with more than 1 physical location, the total
amount of all covered loans shall be not more than
$2,000,000.
``(v) Loan number limitation.--An eligible entity may only
receive 1 covered loan.
``(vi) 90 day rule for maximum loan amount.--The maximum
aggregate loan amount of loans guaranteed under this
subsection that are approved for an eligible entity
(including any affiliates) within 90 days of approval of
another loan under this subsection for the eligible entity
(including any affiliates) shall not exceed $10,000,000.
``(D) Exception from certain certification requirements.--
An eligible entity applying for a covered loan shall not be
required to make the certification described in subclause
(III) or (IV) of paragraph (36)(G)(i).
``(E) Fee waiver.--With respect to a covered loan--
``(i) in lieu of the fee otherwise applicable under
paragraph (23)(A), the Administrator shall collect no fee;
and
``(ii) in lieu of the fee otherwise applicable under
paragraph (18)(A), the Administrator shall collect no fee.
``(F) Eligible churches and religious organizations.--
``(i) Sense of congress.--It is the sense of Congress that
the interim final rule of the Administration entitled
`Business Loan Program Temporary Changes; Paycheck Protection
Program' (85 Fed. Reg. 20817 (April 15, 2020)) properly
clarified the eligibility of churches and religious
organizations for loans made under paragraph (36).
``(ii) Applicability of prohibition.--The prohibition on
eligibility established by section 120.110(k) of title 13,
Code of Federal Regulations, or any successor regulation,
shall not apply to a covered loan.
``(G) Gross receipts for nonprofit and veterans
organizations.--For purposes of calculating gross receipts
under subparagraph (A)(v)(I)(cc) for an eligible entity that
is a nonprofit organization, a veterans organization, or an
organization described in subparagraph (A)(v)(II), gross
receipts--
``(i) shall include proceeds from program services,
fundraising events, federated campaigns, gifts, donor-advised
funds, and funds from similar sources; and
``(ii) shall not include--
[[Page S6299]]
``(I) Federal grants (excluding any loan forgiveness on
loans received under paragraph (36) or this paragraph);
``(II) revenues from a supporting organization;
``(III) grants from private foundations that are disbursed
over the course of more than 1 calendar year;
``(IV) any contribution of property other than money,
stocks, bonds, and other securities, provided that the non-
cash contribution is not sold by the organization in a
transaction unrelated to the tax-exempt purpose of the
organization; or
``(V) any loan proceeds from a loan made under paragraph
(36).
``(H) Loan forgiveness.--
``(i) In general.--Except as otherwise provided in this
subparagraph, an eligible entity shall be eligible for
forgiveness of indebtedness on a covered loan in the same
manner as an eligible recipient with respect to a loan made
under paragraph (36), as described in section 1106 of the
CARES Act (15 U.S.C. 9005).
``(ii) Forgiveness amount.--An eligible entity shall be
eligible for forgiveness of indebtedness on a covered loan in
an amount equal to the sum of the following costs incurred or
expenditures made during the covered period:
``(I) Payroll costs.
``(II) Any payment of interest on any covered mortgage
obligation (which shall not include any prepayment of or
payment of principal on a covered mortgage obligation).
``(III) Any covered operations expenditure.
``(IV) Any covered property damage cost.
``(V) Any payment on any covered rent obligation.
``(VI) Any covered utility payment.
``(VII) Any covered supplier cost.
``(VIII) Any covered worker protection expenditure.
``(iii) Limitation on forgiveness for all eligible
entities.--The forgiveness amount under this subparagraph
shall be equal to the lesser of--
``(I) the amount described in clause (ii); and
``(II) the amount equal to the quotient obtained by
dividing--
``(aa) the amount of the covered loan used for payroll
costs during the covered period; and
``(bb) 0.60.
``(I) Lender eligibility.--Except as otherwise provided in
this paragraph, a lender approved to make loans under
paragraph (36) may make covered loans under the same terms
and conditions as in paragraph (36).
``(J) Reimbursement for loan processing and servicing.--The
Administrator shall reimburse a lender authorized to make a
covered loan in an amount that is--
``(i) 3 percent of the principal amount of the financing of
the covered loan up to $350,000; and
``(ii) 1 percent of the principal amount of the financing
of the covered loan above $350,000, if applicable.
``(K) Set aside for small entities.--Not less than
$25,000,000,000 of the total amount of covered loans
guaranteed by the Administrator shall be made to eligible
entities with not more than 10 employees as of February 15,
2020.
``(L) Set aside for community financial institutions, small
insured depository institutions, credit unions, and farm
credit system institutions.--Not less than $10,000,000,000 of
the total amount of covered loans guaranteed by the
Administrator shall be made by--
``(i) community financial institutions;
``(ii) insured depository institutions with consolidated
assets of less than $10,000,000,000;
``(iii) credit unions with consolidated assets of less than
$10,000,000,000; and
``(iv) institutions of the Farm Credit System chartered
under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)
with consolidated assets of less than $10,000,000,000 (not
including the Federal Agricultural Mortgage Corporation).
``(M) Publication of guidance.--Not later than 10 days
after the date of enactment of this paragraph, the
Administrator shall issue guidance addressing barriers to
accessing capital for minority, underserved, veteran, and
women-owned business concerns for the purpose of ensuring
equitable access to covered loans.
``(N) Standard operating procedure.--The Administrator
shall, to the maximum extent practicable, allow a lender
approved to make covered loans to use existing program
guidance and standard operating procedures for loans made
under this subsection.
``(O) Prohibition on use of proceeds for lobbying
activities.--None of the proceeds of a covered loan may be
used for--
``(i) lobbying activities, as defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
``(ii) lobbying expenditures related to a State or local
election; or
``(iii) expenditures designed to influence the enactment of
legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before
Congress or any State government, State legislature, or local
legislature or legislative body.''.
(j) Continued Access to the Paycheck Protection Program.--
(1) In general.--Section 7(a)(36)(E)(ii) of the Small
Business Act (15 U.S.C. 636(a)(36)(E)(ii)) is amended by
striking ``$10,000,000'' and inserting ``$2,000,000''.
(2) Applicability of maximum loan amount calculation.--
(A) Definitions.--In this paragraph, the terms ``covered
loan'' and ``eligible recipient'' have the meanings given
those terms in section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)).
(B) Applicability.--The amendment made by paragraph (1)
shall apply only with respect to a covered loan applied for
by an eligible recipient on or after the date of enactment of
this Act.
(k) Increased Ability for Paycheck Protection Program
Borrowers to Request an Increase in Loan Amount Due to
Updated Regulations.--
(1) Definitions.--In this subsection, the terms ``covered
loan'' and ``eligible recipient'' have the meanings given
those terms in section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)).
(2) Increased amount.--Notwithstanding the interim final
rule issued by the Administration entitled ``Business Loan
Program Temporary Changes; Paycheck Protection Program--Loan
Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible
recipient of a covered loan that is eligible for an increased
covered loan amount as a result of any interim final rule
that allows for covered loan increases may submit a request
for an increase in the covered loan amount even if--
(A) the initial covered loan amount has been fully
disbursed; or
(B) the lender of the initial covered loan has submitted to
the Administration a Form 1502 report related to the covered
loan.
(l) Calculation of Maximum Loan Amount for Farmers and
Ranchers Under the Paycheck Protection Program.--
(1) In general.--Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)), as amended by subsection (j) of this
section, is amended--
(A) in subparagraph (E), in the matter preceding clause
(i), by striking ``During'' and inserting ``Except as
provided in subparagraph (T), during''; and
(B) by adding at the end the following:
``(T) Calculation of maximum loan amount for farmers and
ranchers.--
``(i) Definition.--In this subparagraph, the term `covered
recipient' means an eligible recipient that--
``(I) operates as a sole proprietorship or as an
independent contractor, or is an eligible self-employed
individual;
``(II) reports farm income or expenses on a Schedule F (or
any equivalent successor schedule); and
``(III) was in business during the period beginning on
February 15, 2019 and ending on June 30, 2019.
``(ii) No employees.--With respect to covered recipient
without employees, the maximum covered loan amount shall be
the lesser of--
``(I) the sum of--
``(aa) the product obtained by multiplying--
``(AA) the gross income of the covered recipient in 2019,
as reported on a Schedule F (or any equivalent successor
schedule), that is not more than $100,000, divided by 12; and
``(BB) 2.5; and
``(bb) the outstanding amount of a loan under subsection
(b)(2) that was made during the period beginning on January
31, 2020 and ending on April 3, 2020 that the borrower
intends to refinance under the covered loan, not including
any amount of any advance under the loan that is not required
to be repaid; or
``(II) $2,000,000.
``(iii) With employees.--With respect to a covered
recipient with employees, the maximum covered loan amount
shall be calculated using the formula described in
subparagraph (E), except that the gross income of the covered
recipient described in clause (ii)(I)(aa)(AA) of this
subparagraph, as divided by 12, shall be added to the sum
calculated under subparagraph (E)(i)(I).
``(iv) Recalculation.--A lender that made a covered loan to
a covered recipient before the date of enactment of this
subparagraph may, at the request of the covered recipient--
``(I) recalculate the maximum loan amount applicable to
that covered loan based on the formula described in clause
(ii) or (iii), as applicable, if doing so would result in a
larger covered loan amount; and
``(II) provide the covered recipient with additional
covered loan amounts based on that recalculation.''.
(m) Farm Credit System Institutions.--
(1) Definition of farm credit system institution.--In this
subsection, the term ``Farm Credit System institution''--
(A) means an institution of the Farm Credit System
chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001
et seq.); and
(B) does not include the Federal Agricultural Mortgage
Corporation.
(2) Facilitation of participation in ppp and second draw
loans.--
(A) Applicable rules.--Solely with respect to loans under
paragraphs (36) and (37) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)), Farm Credit Administration
regulations and guidance issued as of July 14, 2020, and
compliance with such regulations and guidance, shall be
deemed functionally equivalent to requirements referenced in
section 3(a)(iii)(II) of the interim final rule of the
Administration entitled ``Business Loan Program Temporary
Changes; Paycheck Protection Program'' (85 Fed. Reg. 20811
(April 15, 2020)) or any similar requirement referenced in
that interim final rule in implementing such paragraph (37).
[[Page S6300]]
(B) Applicability of certain loan requirements.--For
purposes of making loans under paragraph (36) or (37) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or
forgiving those loans in accordance with section 1106 of the
CARES Act (15 U.S.C. 9005) and subparagraph (H) of such
paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm
Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including
regulations issued under those sections) shall not apply.
(C) Risk weight.--
(i) In general.--With respect to the application of Farm
Credit Administration capital requirements, a loan described
in clause (ii)--
(I) shall receive a risk weight of zero percent; and
(II) shall not be included in the calculation of any
applicable leverage ratio or other applicable capital ratio
or calculation.
(ii) Loans described.--A loan referred to in clause (i)
is--
(I) a loan made by a Farm Credit Bank described in section
1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to
a Federal Land Bank Association, a Production Credit
Association, or an agricultural credit association described
in that section to make loans under paragraph (36) or (37) of
section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or
forgive those loans in accordance with section 1106 of the
CARES Act (15 U.S.C. 9005) and subparagraph (H) of such
paragraph (37); or
(II) a loan made by a Federal Land Bank Association, a
Production Credit Association, an agricultural credit
association, or the bank for cooperatives described in
section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C.
2002(a)) under paragraph (36) or (37) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)).
(D) Reservation of loan guarantees.--Section 7(a)(36)(S) of
the Small Business Act (15 U.S.C. 636(a)(36)(S)) is amended--
(i) in clause (i)--
(I) in subclause (I), by striking ``and'' at the end;
(II) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:
``(III) institutions of the Farm Credit System chartered
under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)
with consolidated assets of not less than $10,000,000,000 and
less than $50,000,000,000.''; and
(ii) in clause (ii)--
(I) in subclause (II), by striking ``and'' at the end;
(II) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:
``(IV) institutions of the Farm Credit System chartered
under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)
with consolidated assets of less than $10,000,000,000.''.
(n) Definition of Seasonal Employer.--
(1) PPP loans.--Section 7(a)(36)(A) of the Small Business
Act (15 U.S.C. 636(a)(36)(A)) is amended--
(A) in clause (xi), by striking ``and'' at the end;
(B) in clause (xii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(xiii) the term `seasonal employer' means an eligible
recipient that--
``(I) does not operate for more than 7 months in any
calendar year; or
``(II) during the preceding calendar year, had gross
receipts for any 6 months of that year that were not more
than 33.33 percent of the gross receipts of the employer for
the other 6 months of that year.''.
(2) Loan forgiveness.--Paragraph (12) of section 1106(a) of
the CARES Act (15 U.S.C. 9005(a)), as so redesignated by
subsection (d)(2) of this section, is amended to read as
follows:
``(12) the terms `payroll costs' and `seasonal employer'
have the meanings given those terms in section 7(a)(36) of
the Small Business Act (15 U.S.C. 636(a)(36)).''.
(o) Eligibility of 501(c)(6) Organizations for Loans Under
the Paycheck Protection Program.--Section 7(a)(36)(D) of the
Small Business Act (15 U.S.C. 636(a)(36)(D)) is amended--
(1) in clause (v), by inserting ``or whether an
organization described in clause (vii) employs not more than
150 employees,'' after ``clause (i)(I),'';
(2) in clause (vi), by inserting ``, an organization
described in clause (vii),'' after ``nonprofit
organization''; and
(3) by adding at the end the following:
``(vii) Eligibility for certain 501(c)(6) organizations.--
``(I) In general.--Except as provided in subclause (II),
any organization that is described in section 501(c)(6) of
the Internal Revenue Code and that is exempt from taxation
under section 501(a) of such Code (excluding professional
sports leagues and organizations with the purpose of
promoting or participating in a political campaign or other
activity) shall be eligible to receive a covered loan if--
``(aa) the organization does not receive more than 10
percent of its receipts from lobbying activities;
``(bb) the lobbying activities of the organization do not
comprise more than 10 percent of the total activities of the
organization; and
``(cc) the organization employs not more than 150
employees.
``(II) Destination marketing organizations.--
Notwithstanding subclause (I), during the covered period, any
destination marketing organization shall be eligible to
receive a covered loan if--
``(aa) the destination marketing organization does not
receive more than 10 percent of its receipts from lobbying
activities;
``(bb) the lobbying activities of the destination marketing
organization do not comprise more than 10 percent of the
total activities of the organization;
``(cc) the destination marketing organization employs not
more than 150 employees; and
``(dd) the destination marketing organization--
``(AA) is described in section 501(c) of the Internal
Revenue Code and is exempt from taxation under section 501(a)
of such Code; or
``(BB) is a quasi-governmental entity or is a political
subdivision of a State or local government, including any
instrumentality of those entities.''.
(p) Prohibition on Use of Loan Proceeds for Lobbying
Activities.--Section 7(a)(36)(F) of the Small Business Act
(15 U.S.C. 636(a)(36)(F)) is amended by adding at the end the
following:
``(vi) Prohibition.--None of the proceeds of a covered loan
may be used for--
``(I) lobbying activities, as defined in section 3 of the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
``(II) lobbying expenditures related to a State or local
election; or
``(III) expenditures designed to influence the enactment of
legislation, appropriations, regulation, administrative
action, or Executive order proposed or pending before
Congress or any State government, State legislature, or local
legislature or legislative body.''.
(q) Effective Date; Applicability.--The amendments made to
paragraph (36) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)) and title I of the CARES Act (Public Law 116-
136) under this section shall be effective as if included in
the CARES Act and shall apply to any loan made pursuant to
section 7(a)(36) of the Small Business Act (15 U.S.C.
636(a)(36)).
(r) Bankruptcy Provisions.--
(1) In general.--Section 364 of title 11, United States
Code, is amended by adding at the end the following:
``(g)(1) The court, after notice and a hearing, may
authorize a debtor in possession or a trustee that is
authorized to operate the business of the debtor under
section 1183, 1184, 1203, 1204, or 1304 of this title to
obtain a loan under paragraph (36) or (37) of section 7(a) of
the Small Business Act (15 U.S.C. 636(a)), and such loan
shall be treated as a debt to the extent the loan is not
forgiven in accordance with section 1106 of the CARES Act (15
U.S.C. 9005) or subparagraph (H) of such paragraph (37), as
applicable, with priority equal to a claim of the kind
specified in subsection (c)(1) of this section.
``(2) The trustee may incur debt described in paragraph (1)
notwithstanding any provision in a contract, prior order
authorizing the trustee to incur debt under this section,
prior order authorizing the trustee to use cash collateral
under section 363, or applicable law that prohibits the
debtor from incurring additional debt.
``(3) The court shall hold a hearing within 7 days after
the filing and service of the motion to obtain a loan
described in paragraph (1). Notwithstanding the Federal Rules
of Bankruptcy Procedure, at such hearing, the court may grant
relief on a final basis.''.
(2) Allowance of administrative expenses.--Section 503(b)
of title 11, United States Code, is amended--
(A) in paragraph (8)(B), by striking ``and'' at the end;
(B) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(10) any debt incurred under section 364(g)(1) of this
title.''.
(3) Confirmation of plan for reorganization.--Section 1191
of title 11, United States Code, is amended by adding at the
end the following:
``(f) Special Provision Related to COVID-19 Pandemic.--
Notwithstanding section 1129(a)(9)(A) of this title and
subsection (e) of this section, a plan that provides for
payment of a claim of a kind specified in section 503(b)(10)
of this title may be confirmed under subsection (b) of this
section if the plan proposes to make payments on account of
such claim when due under the terms of the loan giving rise
to such claim.''.
(4) Confirmation of plan for family farmers and
fishermen.--Section 1225 of title 11, United States Code, is
amended by adding at the end the following:
``(d) Notwithstanding section 1222(a)(2) of this title and
subsection (b)(1) of this section, a plan that provides for
payment of a claim of a kind specified in section 503(b)(10)
of this title may be confirmed if the plan proposes to make
payments on account of such claim when due under the terms of
the loan giving rise to such claim.''.
(5) Confirmation of plan for individuals.--Section 1325 of
title 11, United States Code, is amended by adding at the end
the following:
``(d) Notwithstanding section 1322(a)(2) of this title and
subsection (b)(1) of this section, a plan that provides for
payment of a claim of a kind specified in section 503(b)(10)
of this title may be confirmed if the plan proposes to make
payments on account of such claim when due under the terms of
the loan giving rise to such claim.''.
(6) Effective date; sunset.--
(A) Effective date.--The amendments made by paragraphs (1)
through (5) shall--
(i) take effect on the date on which the Administrator
submits to the Director of the
[[Page S6301]]
Executive Office for United States Trustees a written
determination that, subject to satisfying any other
eligibility requirements, any debtor in possession or trustee
that is authorized to operate the business of the debtor
under section 1183, 1184, 1203, 1204, or 1304 of title 11,
United States Code, would be eligible for a loan under
paragraphs (36) and (37) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)); and
(ii) apply to any case pending on or commenced on or after
the date described in clause (i).
(B) Sunset.--
(i) In general.--If the amendments made by this subsection
take effect under subparagraph (A), effective on the date
that is 2 years after the date of enactment of this Act--
(I) section 364 of title 11, United States Code, is amended
by striking subsection (g);
(II) section 503(b) of title 11, United States Code, is
amended--
(aa) in paragraph (8)(B), by adding ``and'' at the end;
(bb) in paragraph (9), by striking ``; and'' at the end and
inserting a period; and
(cc) by striking paragraph (10);
(III) section 1191 of title 11, United States Code, is
amended by striking subsection (f);
(IV) section 1225 of title 11, United States Code, is
amended by striking subsection (d); and
(V) section 1325 of title 11, United States Code, is
amended by striking subsection (d).
(ii) Applicability.--Notwithstanding the amendments made by
clause (i) of this subparagraph, if the amendments made by
paragraphs (1), (2), (3), (4), and (5) take effect under
subparagraph (A) of this paragraph, such amendments shall
apply to any case under title 11, United States Code,
commenced before the date that is 2 years after the date of
enactment of this Act.
(s) Oversight.--
(1) Compliance with oversight requirements.--
(A) In general.--Except as provided in subparagraph (B), on
and after the date of enactment of this Act, the
Administrator shall comply with any data or information
requests or inquiries made by the Comptroller General of the
United States not later than 30 days (or such later date as
the Comptroller General may specify) after receiving the
request or inquiry.
(B) Exception.--If the Administrator is unable to comply
with a request or inquiry described in subparagraph (A)
within the 30-day period or, if applicable, later period
described in that clause, the Administrator shall, during
that 30-day (or later) period, submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives a
notification that includes a detailed justification for the
inability of the Administrator to comply with the request or
inquiry.
(2) Testimony.--Not later than the date that is 30 days
after the date of enactment of this Act, and every quarter
thereafter until the date that is 2 years after the date of
enactment of this Act, the Administrator and the Secretary of
the Treasury shall testify before the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives regarding
implementation of this section and the amendments made by
this section.
(t) Conflicts of Interest.--
(1) Definitions.--In this subsection:
(A) Controlling interest.--The term ``controlling
interest'' means owning, controlling, or holding not less
than 20 percent, by vote or value, of the outstanding amount
of any class of equity interest in an entity.
(B) Covered entity.--
(i) Definition.--The term ``covered entity'' means an
entity in which a covered individual directly or indirectly
holds a controlling interest.
(ii) Treatment of securities.--For the purpose of
determining whether an entity is a covered entity, the
securities owned, controlled, or held by 2 or more
individuals who are related as described in subparagraph
(C)(ii) shall be aggregated.
(C) Covered individual.--The term ``covered individual''
means--
(i) the President, the Vice President, the head of an
Executive department, or a Member of Congress; and
(ii) the spouse, child, son-in-law, or daughter-in-law, as
determined under applicable common law, of an individual
described in clause (i).
(D) Executive department.--The term ``Executive
department'' has the meaning given the term in section 101 of
title 5, United States Code.
(E) Member of congress.--The term ``Member of Congress''
means a Member of the Senate or House of Representatives, a
Delegate to the House of Representatives, and the Resident
Commissioner from Puerto Rico.
(F) Equity interest.--The term ``equity interest'' means--
(i) a share in an entity, without regard to whether the
share is--
(I) transferable; or
(II) classified as stock or anything similar;
(ii) a capital or profit interest in a limited liability
company or partnership; or
(iii) a warrant or right, other than a right to convert, to
purchase, sell, or subscribe to a share or interest described
in clause (i) or (ii), respectively.
(2) Requirement.--The principal executive officer and the
principal financial officer, or individuals performing
similar functions, of an entity seeking to enter a
transaction made under paragraph (36) or (37) of section 7(a)
of the Small Business Act (15 U.S.C. 636(a)), as added and
amended by this section, shall, before that transaction is
approved, disclose to the Administrator whether the entity is
a covered entity.
(3) Applicability.--The requirement under paragraph (2)--
(A) shall apply with respect to any transaction made under
paragraph (36) or (37) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), as added and amended by this section,
on or after the date of enactment of this Act; and
(B) shall not apply with respect to--
(i) any transaction described in subparagraph (A) that was
made before the date of enactment of this Act; or
(ii) forgiveness under section 1106 of the CARES Act (15
U.S.C. 9005) or any other provision of law of any loan
associated with any transaction described in subparagraph (A)
that was made before the date of enactment of this Act.
(u) Commitment Authority and Appropriations.--
(1) Commitment authority.--Section 1102(b) of the CARES Act
(Public Law 116-136) is amended--
(A) in paragraph (1)--
(i) in the paragraph heading, by inserting ``and second
draw'' after ``PPP'';
(ii) by striking ``August 8, 2020'' and inserting
``December 31, 2020'';
(iii) by striking ``paragraph (36)'' and inserting
``paragraphs (36) and (37)''; and
(iv) by striking ``$659,000,000,000'' and inserting
``$779,640,000,000''; and
(B) by amending paragraph (2) to read as follows:
``(2) Other 7(a) loans.--During fiscal year 2020, the
amount authorized for commitments for section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) under the heading
`Small Business Administration--Business Loans Program
Account' in the Financial Services and General Government
Appropriations Act, 2020 (division C of Public Law 116-193)
shall apply with respect to any commitments under such
section 7(a) other than under paragraphs (36) and (37) of
such section 7(a).''.
(2) Direct appropriations.--
(A) New direct appropriations for ppp loans, second draw
loans, and the mbda.--There is appropriated, out of amounts
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2020, to remain available until
September 30, 2021, for additional amounts--
(i) $257,640,000,000 under the heading ``Small Business
Administration--Business Loans Program Account, CARES Act''
for the cost of guaranteed loans as authorized under
paragraph (36) and (37) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), as amended and added by this Act;
(ii) $10,000,000 under the heading ``Department of
Commerce--Minority Business Development Agency'' for minority
business centers of the Minority Business Development Agency
to provide technical assistance to small business concerns;
and
(iii) $50,000,000 under the heading ``Small Business
Administration--Salaries and Expenses'' for the cost of
carrying out reviews and audits of loans under subsection (l)
of section 1106 of the CARES Act (15 U.S.C. 9005), as amended
by this Act.
(B) Availability of amounts appropriated for the office of
inspector general.--Section 1107(a)(3) of the CARES Act (15
U.S.C. 9006(a)(3)) is amended by striking ``September 20,
2024'' and inserting ``expended''.
(3) Emergency designation.--
(A) In general.--The amounts provided under this subsection
are designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(B) Designation in senate.--In the Senate, this subsection
is designated as an emergency requirement pursuant to section
4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
resolution on the budget for fiscal year 2018.
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