II 

Calendar No. 454 

116TH CONGRESS 

2D SESSION S. 3833 

To extend the loan forgiveness period for the paycheck protection program, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mr. RUBIO (for himself, Mr. CARDIN, Ms. COLLINS, Mrs. SHAHEEN, Mr. 

DURBIN, Mr. GARDNER, Mr. DAINES, Mr. TILLIS, Mr. BRAUN, and Mrs. 

BLACKBURN) introduced the following bill; which was read the first time 

JUNE 1, 2020 

Read the second time and placed on the calendar 

A BILL 

To extend the loan forgiveness period for the paycheck 

protection program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Paycheck Protection 

5 Program Extension Act’’. 


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1 SEC. 2. AMENDMENTS TO THE PAYCHECK PROTECTION 

2 PROGRAM AND LOAN FORGIVENESS. 

3 (a) COVERED PERIOD AND ALLOWABLE USES FOR

4 LOANS.—Section 7(a)(36) of the Small Business Act (15 

5 U.S.C. 636(a)(36)) is amended— 

6 (1) in subparagraph (A)(iii), by striking ‘‘June 

7 30, 2020’’ and inserting ‘‘December 31, 2020’’; and 

8 (2) in subparagraph (F)— 

9 (A) in subclause (VI), by striking ‘‘and’’ at 

10 the end; 

11 (B) in subclause (VII), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following: 

14 ‘‘(VIII) covered worker protection 

15 expenditures, as defined in section 

16 1106(a) of the CARES Act (Public 

17 Law 116–136).’’; 

18 (b) LOAN FORGIVENESS.—Section 1106 of the 

19 CARES Act (Public Law 116–136) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (3), by striking ‘‘8-week’’ 

22 and inserting ‘‘16-week’’; 

23 (B) by redesignating paragraphs (6), (7), 

24 and (8) as paragraphs (7), (8) and (9), respec25 tively; 


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1 (C) by inserting after paragraph (5) the 

2 following: 

3 ‘‘(6) the term ‘covered worker protection ex4 penditure’— 

5 ‘‘(A) means an operating or a capital ex6 penditure, as determined in accordance with 

7 generally accepted accounting principles, that is 

8 required to facilitate the adaptation of the busi9 ness activities of an eligible recipient to comply 

10 with requirements established or guidance 

11 issued by the Department of Health and 

12 Human Services, the Centers for Disease Con13 trol, or the Occupational Safety and Health Ad14 ministration during the period beginning on 

15 March 1, 2020 and ending December 31, 2020 

16 related to the maintenance of standards for 

17 sanitation, social distancing, or any other work18 er or customer safety requirement related to 

19 COVID–19; 

20 ‘‘(B) may include— 

21 ‘‘(i) the purchase, maintenance, or 

22 renovation of assets that create or ex23 pand— 

24 ‘‘(I) a drive-through window fa25 cility; 


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1 ‘‘(II) an indoor, outdoor, or com2 bined air or air pressure ventilation or 

3 filtration system; 

4 ‘‘(III) a physical barrier such as 

5 a sneeze guard; 

6 ‘‘(IV) an indoor, outdoor, or com7 bined commercial real property; 

8 ‘‘(V) an onsite or offsite health 

9 screening capability; or 

10 ‘‘(VI) other assets relating to the 

11 compliance with the requirements or 

12 guidance described in subparagraph 

13 (A), as determined by the Adminis14 trator in consultation with the Sec15 retary of Health and Human Services 

16 and the Secretary of Labor; and 

17 ‘‘(ii) the purchase of— 

18 ‘‘(I) covered materials described 

19 in section 328.103(a) of title 44, Code 

20 of Federal Regulations, or any suc21 cessor regulation; 

22 ‘‘(II) particulate filtering face23 piece respirators approved by the Na24 tional Institute for Occupational Safe25 ty and Health, including those apVerDate Sep 11 2014 01:39 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3833.PCS S3833

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1 proved only for emergency use author2 ization; or 

3 ‘‘(III) other kinds of personal 

4 protective equipment, as determined 

5 by the Administrator in consultation 

6 with the Secretary of Health and 

7 Human Services and the Secretary of 

8 Labor; and 

9 ‘‘(C) does not include residential real prop10 erty or intangible property.’’; and 

11 (D) in paragraph (8), as so redesignated— 

12 (i) in subparagraph (C), by striking 

13 ‘‘and’’ at the end; and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(E) covered worker protection expendi17 tures; and’’; 

18 (2) in subsection (b), by adding at the end the 

19 following: 

20 ‘‘(5) Any covered worker protection expendi21 ture.’’; 

22 (3) in subsection (d)— 

23 (A) in paragraph (5)(B)— 

24 (i) by striking ‘‘date of enactment of 

25 this Act’’ each place that term appears and 


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1 inserting ‘‘date of enactment of the Pay2 check Protection Program Extension Act’’; 

3 and 

4 (ii) by striking ‘‘June 30, 2020’’ each 

5 place that term appears and inserting ‘‘the 

6 date that is 16 weeks after the date of the 

7 origination of the covered loan’’; 

8 (B) by redesignating paragraph (6) as 

9 paragraph (7); and 

10 (C) by inserting after paragraph (5) the 

11 following: 

12 ‘‘(6) HOLD HARMLESS.— 

13 ‘‘(A) IN GENERAL.—The amount of loan 

14 forgiveness under this section received by an eli15 gible recipient of a covered loan shall not be re16 duced because of a reduction in number of em17 ployees described in paragraph (2) or a reduc18 tion relating to salary and wages described in 

19 paragraph (3) that occurs outside of the 8-week 

20 safe harbor period of the eligible recipient de21 scribed in subparagraph (B). 

22 ‘‘(B) 8-WEEK SAFE HARBOR PERIOD.—An 

23 eligible recipient of a covered loan may elect a 

24 contiguous 8-week period that occurs during the 


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1 covered period for purposes of the safe harbor 

2 period described in subparagraph (A). 

3 ‘‘(C) APPLICATION DATE.—An eligible re4 cipient that has a forgiveness amount under 

5 this section that is equivalent to the amount of 

6 the covered loan received by the recipient and 

7 that elects an 8-week safe harbor period de8 scribed in subparagraph (B) may apply for loan 

9 forgiveness at the end of the 8-week safe harbor 

10 period elected by the eligible recipient.’’; 

11 (4) in subsection (e)— 

12 (A) in paragraph (2), by inserting ‘‘covered 

13 worker protection expenditures,’’ after ‘‘lease 

14 obligations,’’; and 

15 (B) in paragraph (3), by inserting ‘‘make 

16 payments on covered worker protection expendi17 tures,’’ after ‘‘rent obligation,’’; and 

18 (5) by amending subsection (h) to read as fol19 lows: 

20 ‘‘(h) HOLD HARMLESS.— 

21 ‘‘(1) IN GENERAL.—A lender may rely on any 

22 certification or documentation submitted by an ap23 plicant for a covered loan or an eligible recipient of 

24 a covered loan that— 


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1 ‘‘(A) is submitted pursuant to any statu2 tory requirement relating to covered loans or 

3 any rule or guidance issued to carry out any ac4 tion relating to covered loans; and 

5 ‘‘(B) attests that the applicant or eligible 

6 recipient, as applicable, has accurately verified 

7 any certification or documentation provided to 

8 the lender. 

9 ‘‘(2) NO ENFORCEMENT ACTION.—With respect 

10 to a lender that relies on a certification or docu11 mentation described in paragraph (1)— 

12 ‘‘(A) an enforcement action may not be 

13 taken against the lender acting in good faith re14 lating to origination or forgiveness of a covered 

15 loan based on such reliance; and 

16 ‘‘(B) the lender acting in good faith shall 

17 not be subject to any penalties relating to origi18 nation or forgiveness of a covered loan based on 

19 such reliance.’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 454 

116TH CONGRESS 

2D SESSION S. 3833 

A BILL 

To extend the loan forgiveness period for the payposes. check protection program, and for other purJUNE 1, 2020 

Read the second time and placed on the calendar 


pamtmann on DSKBC07HB2PROD with BILLS