I 

117TH CONGRESS 

1ST SESSION H. R. 1035 

To amend the Small Business Act to include certain beverage manufacturing 

entities for paycheck protection program second draw loans, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2021 

Ms. WEXTON (for herself, Mr. CROW, Ms. SALAZAR, Mr. ROUZER, and Mr. 

NEWHOUSE) introduced the following bill; which was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act to include certain beverage 

manufacturing entities for paycheck protection program 

second draw loans, 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 ‘‘Fairness for Craft Bev5 erage Producers Act’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 1035 IH

1 SEC. 2. INCLUSION OF CERTAIN BEVERAGE MANUFAC2 TURING ENTITIES FOR PAYCHECK PROTEC3 TION PROGRAM SECOND DRAW LOANS. 

4 (a) IN GENERAL.—Section 7(a)(37)(C)(iv) of the 

5 Small Business Act (as added by section 311 of the Eco6 nomic Aid to Hard-Hit Small Businesses, Nonprofits, and 

7 Venues Act (Public Law 116–260)) is amended— 

8 (1) in the heading, by striking ‘‘NAICS 72’’ and 

9 inserting ‘‘CERTAIN NAICS’’; and 

10 (2) by inserting ‘‘, or assigned such a code be11 ginning with 3121 that also derived at least 35 per12 cent of gross annual revenue during either calendar 

13 year 2019 or 2020 from in-person sales of prod14 ucts,’’ after ‘‘72’’. 

15 (b) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—Sec16 tion 1112(c)(1) of the CARES Act (as added by section 

17 325 of the Economic Aid to Hard-Hit Small Businesses, 

18 Nonprofits, and Venues Act (Public Law 116–260)) is 

19 amended— 

20 (1) in subparagraph (A)(ii)(I)(bb), by inserting 

21 ‘‘, or assigned such a code beginning with 3121 that 

22 also derived at least 35 percent of gross annual rev23 enue during either calendar year 2019 or 2020 from 

24 in-person sales of products’’ after ‘‘812’’; and 

25 (2) in subparagraph (B)(ii)(I)(bb), by inserting 

26 ‘‘, or assigned such a code beginning with 3121 that 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 1035 IH

1 also derived at least 35 percent of gross annual rev2 enue during either calendar year 2019 or 2020 from 

3 in-person sales of products’’ after ‘‘812’’. 

4 (c) EFFECTIVE DATE; APPLICABILITY.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the amendments made by this Act shall 

7 be effective as if included in the Economic Aid to 

8 Hard-Hit Small Businesses, Nonprofits, and Venues 

9 Act (Public Law 116–260) and shall apply to any 

10 loan made pursuant to section 7(a)(37) of the Small 

11 Business Act or any covered loan made under sec12 tion 1112 of the CARES Act (15 U.S.C. 9011) be13 fore, on, or after the date of enactment of this Act, 

14 including forgiveness of such a loan. 

15 (2) EXCLUSION OF LOANS ALREADY FOR16 GIVEN.—The amendments made by subsection (a) 

17 shall not apply to a loan made pursuant to section 

18 7(a)(37) of the Small Business Act or any covered 

19 loan made under section 1112 of the CARES Act 

20 (15 U.S.C. 9011) for which the borrower received 

21 forgiveness before the date of enactment of this Act. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS