[Congressional Record Volume 166, Number 106 (Tuesday, June 9, 2020)]
[Senate]
[Page S2809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. THUNE (for himself and Ms. Baldwin):
S. 3918. A bill to modify the calculation of the maximum loan amount
for certain farmers and ranchers under the paycheck protection program
of the Small Business Administration, and for other purposes; to the
Committee on Small Business and Entrepreneurship.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3918
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Protection for
Producers Act''.
SEC. 2. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND
RANCHERS UNDER THE PAYCHECK PROTECTION PROGRAM.
(a) In General.--Section 7(a)(36) of the Small Business Act
(15 U.S.C. 636(a)(36)) is amended--
(1) in subparagraph (E), in the matter preceding clause
(i), by striking ``During'' and inserting ``Except as
provided in subparagraph (T), during''; and
(2) 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) $10,000,000.
``(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.''.
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