,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ghid ,,in ,,the ,,house ,,of ,,representatives ,july #ca1 #bjbj,mr4 ,curtis 7for himself1 ,mr4 ,roy1 ,mr4 ,van ,drew1 ,mr4 ,meuser1 and ,ms4 ,wild7 introduced the following bill2 which was referred to the ,committee on ,small ,business1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to require the ,administrator of the ,small ,business ,administration to establish a program to provide certain borrowers with a second loan under the paycheck protection program1 to modify the eligibility and forgiveness requirement of the program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,paycheck ,protection ,program ,small ,business ,enhancement ,act4 #b4 ,extending authority for commitments for the paycheck protection program ,section #aajb7;b77#a7 of title ,i of division ,a of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 is amended by striking ,august #h1 #bjbj and inserting ,december #ca1 #bjbj4 #c4 ,eligibility of franchises and #eja7;c77#f7 organizations for the paycheck protection program ,section #g7;a77#cf77;,d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,d77 is amended-- 7#a7 in subparagraph 7,a77vii71 by striking section #eja7;c77#c7 and inserting paragraph 7#f7 or 7#c7 of section #eja7;c72 and 7#b7 in subparagraph 7,d7-- 7,a7 in clause 7iv7-- 7i7 in subclause 7,,ii71 by striking and at the end2 7ii7 in subclause 7,,iii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following new subclause3 7,,iv7 any business concern that is a franchisor or franchisee as described in clause 7vii77,,ii74 2 and 7,b7 by adding at the end the following new clause3 7vii7 ,franchises and #eja7;c77#f7 organizations ,during the covered period1 the following shall be eligible to receive a covered loan3 7,i7 ,any organization that is described in section #eja7;c77#f7 of the ,internal ,revenue ,code and that is exempt from taxation under section #eja7;a7 of such ,code4 7,,ii7 ,any business concern that is a franchisor or franchisee in a franchise 7as defined in section #dcf4a7;h7 of title #af1 ,code of ,federal ,regulations71 regardless of whether the franchise is assigned a franchise identifier code by the ,administration1 if the business concern employs not more than #ejj employees per physical location of the business concern4 4 #d4 ,prohibition on use of loan proceeds for lobbying activities ,section #g7;a77#cf77;,f7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f77 is amended by adding at the end the following3 7vi7 ,prohibition ,none of the proceeds of a covered loan may be used for lobbying activities1 as defined in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 4 #e4 ,subsequent loans under the paycheck protection program 7a7 ,in general ,an eligible business that received a covered loan under section #g7;a77#cf7 of the ,small ,business ,act may submit an application to the ,administrator of the ,small ,business ,administration for a subsequent loan made under the same terms1 conditions1 and processes as such covered loan4 7b7 ,forgiveness 7#a7 ,in general ,a subsequent loan made under subsection 7a7 shall be eligible for forgiveness under section #aajf of the ,,cares ,act under the same terms1 conditions1 and processes as a covered loan made under section #g7;a77#cf7 of the ,small ,business ,act4 7#b7 ,additional forgivable expenses ,amounts of a subsequent loan used for covered worker protection expenditures shall be eligible for forgiveness under such section #aajf4 7#c7 ,covered period ,with respect to a subsequent loan1 the covered period 7as defined in section #aajf7;a77#c7 of the ,,cares ,act7 shall begin on the date of disbursement of the subsequent loan4 7c7 ,safe harbor 7#a7 ,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-- 7,a7 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 loans2 and 7,b7 attests that the applicant or eligible recipient1 as applicable1 has accurately verified any certification or documentation provided to the lender4 7#b7 ,no enforcement action ,with respect to a lender that relies on a certification or documentation described in paragraph 7#a7-- 7,a7 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 reliance2 and 7,b7 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 reliance4 7d7 ,definitions ,in this section3 7#a7 ,covered worker protection expenditure ,the term covered worker protection expenditure-- 7,a7 means an operating or a capital expenditure1 as determined in accordance with generally accepted accounting principles1 that is required to facilitate the adaptation of the business activities of an eligible recipient to comply with requirements established or guidance issued by the ,department of ,health and ,human ,services1 the ,centers for ,disease ,control1 or the ,occupational ,safety and ,health ,administration during the period beginning on ,march #a1 #bjbj1 and ending ,december #ca1 #bjbj1 related to the maintenance of standards for sanitation1 social distancing1 or any other worker or customer safety requirement related to ,,covid-#ai2 7,b7 may include-- 7i7 the purchase1 maintenance1 or renovation of assets that create or expand-- 7,i7 a drive-through window facility2 7,,ii7 an indoor1 outdoor1 or combined air or air pressure ventilation or filtration system2 7,,iii7 a physical barrier such as a sneeze guard2 7,,iv7 an indoor1 outdoor1 or combined commercial real property2 7,v7 an onsite or offsite health screening capability2 or 7,,vi7 other assets relating to the compliance with the requirements or guidance described in subparagraph 7,a71 as determined by the ,administrator in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor2 7ii7 expenses related to testing employees of an eligible business for ,,covid-#ai2 and 7iii7 the purchase of-- 7,i7 covered materials described in section #cbh4ajc7;a7 of title #dd1 ,code of ,federal ,regulations1 or any successor regulation2 7,,ii7 particulate filtering facepiece respirators approved by the ,national ,institute for ,occupational ,safety and ,health1 including those approved only for emergency use authorization2 or 7,,iii7 other kinds of personal protective equipment1 as determined by the ,administrator in consultation with the ,secretary of ,health and ,human ,services and the ,secretary of ,labor2 and 7,c7 does not include residential real property or intangible property4 7#b7 ,eligible business ,the term eligible business means an eligible recipient as defined in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a771 but does not include a nonprofit organization as defined in such section-- 7,a7 that experienced a reduction in gross receipts of more than #bj percent during-- 7i7 the period between ,april #a1 #bjbj1 and ,june #a1 #bjbj1 as compared to the period between ,april #a1 #bjai1 and ,june #a1 #bjai2 or 7ii7 the period between ,july #a1 #bjbj1 and ,september #a1 #bjbj1 compared to the period between ,july #a1 #bjai1 and ,september #a1 #bjai2 and 7,b7 that is able to document an inability to return to the same level of business activity as such business was operating at before ,february #ae1 #bjbj1 due to compliance with requirements established or guidance issued by the ,secretary of ,health and ,human ,services1 the ,director of the ,centers for ,disease ,control and ,prevention1 or the ,occupational ,safety and ,health ,administration during the period beginning on ,march #a1 #bjbj1 and ending ,december #ca1 #bjbj1 related to the maintenance of standards for sanitation1 social distancing1 or any other worker or customer safety requirement related to ,,covid-#ai4 #f4 ,clarification of treatment of business expenses 7a7 ,in general ,subsection 7i7 of section #aajf of the ,,cares ,act 7,public ,law #aaf-acf7 is amended-- 7#a7 by striking #aihf1 any amount and inserting #aihf-- 7#a7 any amount 2 7#b7 by striking the period at the end and inserting 1 and2 and 7#c7 by adding at the end the following new paragraph3 7#b7 no deduction shall be denied or reduced1 no tax attribute shall be reduced1 and no basis increase shall be denied1 by reason of the exclusion from gross income provided by paragraph 7#a74 4 7b7 ,effective date ,the amendments made by this section shall apply as if included in the enactment of section #aajf of the ,,cares ,act 7,public ,law #aaf-acf74 #g4 ,forgiveness for covered loans under #aej1jjj ,section #aaaj of the ,,cares ,act 7#ae ,u4,s4,c4 #ijji7 is amended by adding at the end the following new subsections3 7m7 ,forgiveness for covered loans under #aej1jjj 7#a7 ,in general ,notwithstanding subsection 7e71 with respect to a covered loan made to an eligible recipient that is not more than #aej1jjj1 the covered loan amount shall be forgiven under this section if the eligible recipient submits to the lender a one-page online or paper form1 to be established by the ,administrator not later than #g days after the date of enactment of this subsection1 that attests that the eligible recipient complied with the requirements under section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7#b7 ,hold harmless ,with respect to a lender that relies on an attestation submitted by an eligible recipient under paragraph 7#a71 no enforcement action may be taken against the lender for any falsehoods contained in the attestation4 7#c7 ,demographic information ,the online or paper form established by the ,administrator under paragraph 7#a7 shall include a means by which an eligible recipient may1 at the discretion of the eligible recipient1 submit demographic information of the owner of the eligible recipient1 including the sex1 race1 ethnicity1 and veteran status of the owner4 7n7 ,enforcement action against borrowers ,an eligible recipient of a covered loan may only be subject to an enforcement action or penalty relating to loan origination1 forgiveness1 or guarantee of the covered loan if the eligible recipient commits fraud or expends covered loan proceeds on expenses that are not allowable under section #g7;a77#cf77;,f7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,f774 4