,,ii #aagth ,,congress #ast ,session ,s4 #abdi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #bj1 #bjba ,mr4 ,cardin 7for himself1 ,mr4 ,lankford1 ,ms4 ,baldwin1 ,ms4 ,collins1 ,mr4 ,king1 ,mr4 ,portman1 and ,mr4 ,marshall7 introduced the following bill2 which was read twice and referred to the ,committee on ,small ,business and ,entrepreneurship ,a ,,bill ,to amend the ,small ,business ,act to modify the maximum paycheck protection program loan amount for farmers and ranchers1 sole proprietors1 independent contractors1 and self-employed individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ppp ,flexibility for ,farmers1 ,ranchers1 and the ,self-,employed ,act4 #b4 ,calculation of maximum ,,ppp loan amount 7a7 ,in general ,section #g7;a77#cf77,v7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77,v77 is amended-- 7#a7 by striking clause 7i7 and inserting the following3 7i7 ,definition ,in this subparagraph1 the term covered recipient means an eligible recipient that-- 7,i7 7aa7 operates as a sole proprietorship1 as an independent contractor1 or as a partnership with gross farming income from self-employment2 or 7bb7 is an eligible self-employed individual2 7,,ii7 reports farm income or expenses on a ,schedule ,f 7or any equivalent successor schedule72 and 7,,iii7 was in business as of ,february #ae1 #bjbj4 2 and 7#b7 by striking clause 7iv7 and inserting the following3 7iv7 ,partnerships with no employees ,with respect to a partnership without employees1 the maximum covered loan amount shall be equal to the sum of-- 7,i7 the product obtained by multiplying-- 7aa7 the gross income1 limited to the amount attributable to general partners as determined by the sum of their distributive shares of gross farming income from self-employment1 that is not more than #ajj1jjj per partner1 and no more than #ejj1jjj in total1 divided by #ab2 and 7bb7 #b4e2 and 7,,ii7 the outstanding amount of a loan under subsection 7b77#b7 that was made during the period beginning on ,january #ca1 #bjbj and ending on ,april #c1 #bjbj that the borrower intends to refinance under the covered loan1 not including any amount of any advance under the loan that is not required to be repaid4 7v7 ,recalculation 7,i7 ,in general ,a lender that made a covered loan before the date of enactment of the ,,ppp ,flexibility for ,farmers1 ,ranchers1 and the ,self-,employed ,act may1 at the request of the covered recipient-- 7aa7 recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause 7ii71 7iii71 or 7iv71 as applicable1 if doing so would result in a larger covered loan amount2 and 7bb7 provide the covered recipient with additional covered loan amounts based on that recalculation4 7,,ii7 ,loan limitation ,for purposes of receiving a recalculated loan amount related to a covered loan under subclause 7,i71 paragraph 7#cg77;,f7 shall not apply4 7,,iii7 ,effect of forgiveness ,subject to rules issued by the ,administrator1 a covered recipient shall be eligible to submit a request for a recalculated loan amount related to a covered loan under subclause 7,i7 without regard to whether the covered recipient has sought or received forgiveness with respect to the applicable covered loan under section #g;,a4 7,,iv7 ,forgiveness of recalculated loan amount ,for purposes of this subparagraph1 as soon as is practicable upon expenditure of additional covered loan amounts provided under subclause 7,i7-- 7aa7 an eligible recipient shall attest to compliance with applicable requirements under this paragraph2 and 7bb7 the additional covered loan amounts shall be forgiven under section #g;,a4 7,v7 ,reimbursement for loan processing ,the ,administrator shall reimburse a lender for processing recalculation requests under this clause in an amount determined by the ,administrator4 4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall be effective as if included in the ,,cares ,act 7,public ,law #aaf-acf7 and shall apply to any loan made pursuant to section #g7;a77#cf7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77 before1 on1 or after the date of enactment of this ,act4 #c4 ,revisions to loan amount calculation and eligibility 7a7 ,definitions ,in this section-- 7#a7 the term ,administrator means the ,administrator of the ,small ,business ,administration2 7#b7 the term covered loan means a loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a772 7#c7 the term eligible applicant means a taxpayer that files ,internal ,revenue ,service ,form #ajdj1 ,schedule ,c2 and 7#d7 the term interim final rule means the interim final rule of the ,small ,business ,administration entitled ,business ,loan ,program ,temporary ,changes2 ,paycheck ,protection ,program - ,revisions to ,loan ,amount ,calculation and ,eligibility1 ,docket ,number ,,sba-#bjba-jjaj4 7b7 ,calculation of maximum loan amount for certain applicants 7#a7 ,in general ,an eligible applicant applying for a covered loan may calculate the maximum amount of the covered loan using the gross income of the eligible applicant1 as reported on the applicable ,internal ,revenue ,service ,form #ajdj1 ,schedule ,c filed by the eligible applicant1 that is not more than #ajj1jjj4 7#b7 ,retroactive effect ,notwithstanding any provision of the interim final rule1 paragraph 7#a7 shall apply with respect to any covered loan made to an eligible applicant that is approved on or after the date of enactment of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj74 7c7 ,recalculation 7#a7 ,in general ,the ,administrator shall create a process to allow eligible applicants to request a recalculation of the amount of a covered loan and receive additional amounts equal to the difference between the amount of the covered loan originally received by the eligible applicant and the amount of the covered loan based on the application of this section4 7#b7 ,loan limitation ,for purposes of receiving additional amounts under paragraph 7#a71 section #g7;a77#cg77;,f7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg77;,f77 shall not apply4 7#c7 ,effect of forgiveness ,subject to rules issued by the ,administrator1 an eligible applicant shall be eligible to submit a request for a recalculated loan amount under paragraph 7#a7 without regard to whether the eligible applicant has sought or received forgiveness with respect to the applicable covered loan under section #g;,a of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcfm74 7#d7 ,forgiveness of additional amounts ,for purposes of this subsection1 as soon as is practicable upon expenditure of additional covered loan amounts provided under paragraph 7#a7-- 7,a7 an eligible applicant shall attest to compliance with applicable requirements under section #g7;a77#cg7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg772 and 7,b7 the additional loan amounts shall be forgiven under section #g;,a of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcfm74 7#e7 ,reimbursement for loan processing ,the ,administrator shall reimburse a lender for processing recalculation requests under this subsection in an amount determined by the ,administrator4 #d4 ,maximum amount of second draw loan 7a7 ,in general ,section #g7;a77#cg7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg77 is amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,maximum loan amount 7i7 ,in general ,except as otherwise provided in this subparagraph1 the maximum amount of a covered loan made to an eligible entity is the sum of-- 7,i7 the lesser of-- 7aa7 the product obtained by multiplying-- 7,,aa7 at the election of the eligible entity1 the average total monthly payment for payroll costs incurred or paid by the eligible entity during the #a-year period before the date on which the loan is made or calendar year #bjai2 by 7,,bb7 #b4e2 or 7bb7 #b1jjj1jjj2 plus 7,,ii7 with respect to a loan received under paragraph 7#cf7 for which the eligible entity received forgiveness under section #aajf of the ,,cares ,act 7as in effect before the date of enactment of this paragraph71 the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section #cab of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj7 if the eligible entity had not received such forgiveness4 7ii7 ,seasonal employers ,the maximum amount of a covered loan made to an eligible entity that is a seasonal employer is the sum of-- 7,i7 the lesser of-- 7aa7 the product obtained by multiplying-- 7,,aa7 at the election of the eligible entity1 the average total monthly payments for payroll costs incurred or paid by the eligible entity for any #ab-week period between ,february #ae1 #bjai and ,february #ae1 #bjbj2 by 7,,bb7 #b4e2 or 7bb7 #b1jjj1jjj2 plus 7,,ii7 with respect to a loan received under paragraph 7#cf7 for which the seasonal employer received forgiveness under section #aajf of the ,,cares ,act 7as in effect before the date of enactment of this paragraph71 the amount of an increase with respect to that loan that the seasonal employer would have been eligible to receive under section #cab of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj7 if the seasonal employer had not received such forgiveness4 7iii7 ,new entities ,the maximum amount of a covered loan made to an eligible entity that did not exist during the #a-year period preceding ,february #ae1 #bjbj is the sum of-- 7,i7 the lesser of-- 7aa7 the product obtained by multiplying-- 7,,aa7 the quotient obtained by dividing 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 the number of months in which those payroll costs were paid or incurred2 by 7,,bb7 #b4e2 or 7bb7 #b1jjj1jjj2 plus 7,,ii7 with respect to a loan received under paragraph 7#cf7 for which the eligible entity received forgiveness under section #aajf of the ,,cares ,act 7as in effect before the date of enactment of this paragraph71 the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section #cab of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj7 if the eligible entity had not received such forgiveness4 7iv7 ,,naics #gb entities ,the maximum amount of a covered loan made to an eligible entity that is assigned a ,north ,american ,industry ,classification ,system code beginning with #gb at the time of disbursal is the sum of-- 7,i7 the lesser of-- 7aa7 the product obtained by multiplying-- 7,,aa7 at the election of the eligible entity1 the average total monthly payment for payroll costs incurred or paid by the eligible entity during the #a-year period before the date on which the loan is made or calendar year #bjai2 by 7,,bb7 #c4e2 or 7bb7 #b1jjj1jjj2 plus 7,,ii7 with respect to a loan received under paragraph 7#cf7 for which the eligible entity received forgiveness under section #aajf of the ,,cares ,act 7as in effect before the date of enactment of this paragraph71 the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section #cab of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj7 if the eligible entity had not received such forgiveness4 4 7b7 ,effective date2 applicability ,the amendments made by subsection 7a7 shall be effective as if included in the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj7 and shall apply to any loan made pursuant to section #g7;a77#cg7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg77 before1 on1 or after the date of enactment of this ,act4 #e4 ,eligibility for paycheck protection program second draw loans ,section #g7;a77#cg77;,a77iv77,i77bb7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cg77;,a77iv77,i77bb77 is amended to read as follows3 7bb7 7,,aa7 except as provided in subitems 7,,bb71 7,,cc7 and 7,,dd71 had gross receipts during any contiguous #ij-;day period in #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during the same period in #bjai2 7,,bb7 if the entity was not in business during the entirety of #bjai1 but was in business for not fewer than #ij contiguous days during #bjai1 had gross receipts during any contiguous #ij-;day period in #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during the same contiguous #ij-;day period during #bjai2 7,,cc7 if the entity was not in business for the entirety of #bjai and was not in business for #ij contiguous days during #bjai1 had gross receipts during any contiguous #ij-;day period in #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during a contiguous #ij-;day period beginning on the date the business began operations in #bjai2 and 7,,dd7 if the entity was not in business during #bjai1 but was in business for not fewer than #ij contiguous days during #bjbj1 had gross receipts during any contiguous #ij-;day period in #bjbj that demonstrate not less than a #be percent reduction from the gross receipts of the entity during an earlier contiguous #ij-;day period in #bjbj2 4 #f4 ,eligibility for relief under the paycheck protection program and the restaurant revitalization fund ,section #ejjc of the ,american ,rescue ,plan ,act 7,public ,law #aag-b7 is amended-- 7#a7 in subsection 7a77#g7-- 7,a7 in subparagraph 7,a71 by inserting and subsection 7c77#g7 after 7,d72 and 7,b7 by striking the flush text following subparagraph 7,d77ii72 and 7#b7 in subsection 7c71 by adding at the end the following3 7#g7 ,reduction in pandemic-related revenue loss 7,a7 ,definition ,in this paragraph1 the term covered loan means a loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a774 7,b7 ,reduction ,for purposes of this section-- 7i7 the pandemic-related revenue loss for an eligible entity shall be reduced by any amounts received from a covered loan in #bjbj or #bjba2 and 7ii7 if an eligible entity receives a covered loan after submitting an application for assistance under this section1 the otherwise applicable amount of an award under this section shall be reduced by the total amount of the covered loan received by the eligible entity4 7,c7 ,ineligibility for covered loan ,if an eligible entity has applied for a covered loan and is approved for an award under this section before the ,administrator issues a loan number for the covered loan-- 7i7 the eligible entity is ineligible for the covered loan2 and 7ii7 acceptance by the eligible entity of any loan proceeds of the covered loan is an unauthorized use of the covered loan4 4 #g4 ,extension 7a7 ,salaries and expenses ,the matter under the heading ,salaries and ,expenses under the heading ,small ,business ,administration under the heading ,independent ,agencies in title ,,ii of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci7 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjbc4 7b7 ,modification of set-,asides ,section #cbc7;d77#b77;,b77iii7 of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7title ,,iii of division ,n of ,public ,law #aaf-bfj7 is amended by striking ,march #ca1 #bjba and inserting ,june #cj1 #bjba4