967 
(5) Fees for in-flight entertainment, beverages, 
and food. 
(6) Fees for internet access. 
(7) Fees for seating assignments. 
(8) Fees for reservation cancellation and 
change. 
(9) Charges for lost tickets. 
(10) Revenue from the sale of travel insurance 
(11) Fees for unaccompanied minor and pas-
senger assistance. 
(12) Fees for pets. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ANCILLARY REVENUES.—The term ‘‘ancil-
lary revenues’’ means charges paid by airline pas-
sengers that are not included in the standard ticket 
fare. 
(2) COVERED AIR CARRIER.— 
(A) IN GENERAL.—The term ‘‘covered air 
carrier’’ means an air carrier covered under 
part 241 of title 14, Code of Federal Regula-
tions. 
(B) EXCLUSION.—The term ‘‘covered air 
carrier’’ excludes air carriers with annual reve-
nues of less than $20,000,000. 
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TITLE VII—ENVIRONMENTAL 
PROTECTIONS 
SEC. 701. SUSTAINABLE AVIATION FUEL DEVELOPMENT 
PROGRAM. 
(a) IN GENERAL.—The Secretary of Transportation, 
in consultation with the Department of Agriculture and 
the Environmental Protection Agency, shall make com-
petitive grants to eligible entities to offset the cost of a 
project to develop, transport, or store sustainable aviation 
fuels that would reduce United States greenhouse gas 
emissions. 
(b) SELECTION.—In making grants under subsection 
(a), the Secretary shall consider— 
(1) the anticipated public benefits of the 
project; 
(2) the potential to increase the commercial ap-
plication of sustainable aviation fuels among the 
United States commercial aviation and aerospace in-
dustry; 
(3) the potential greenhouse gases emitted from 
the project; 
(4) the potential for new job creation; and 
(5) the potential the project has in reducing 
United States greenhouse gas emissions associated 
with air travel. 
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(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $200,000,000 for each 
of the fiscal years 2021 through 2026 to carry out this 
section. 
(d) REPORT.—Not later than October 1, 2026, the 
Secretary shall submit to the Committee on Commerce, 
Science, and Transportation, the Committee on Environ-
ment and Public Works, and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate, and the 
Committee on Transportation and Infrastructure, the 
Committee on Energy and Commerce, and the Committee 
on Agriculture of the House of Representatives, a report 
describing the results of the grant program authorized by 
this section. The report shall include the following: 
(1) A description of the entities and projects 
that received grants under this section. 
(2) Description of whether the program is lead-
ing to an increase in commercial application of sus-
tainable aviation fuels by United States aviation and 
aerospace industry stakeholders. 
(3) The economic impacts resulting from the 
grants to and operation of the project. 
(e) ELIGIBILITY.—Entities eligible to receive a grant 
under this section shall include State and local govern-
ments, nongovernmental entities, air carriers, airports, 
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and businesses engaged in the development, transpor-
tation, or storage of sustainable aviation fuels. 
(f) DEFINITION OF SUSTAINABLE AVIATION FUEL.— 
The term ‘‘sustainable aviation fuel’’ means liquid fuel 
consisting of synthesized hydrocarbons which meets the 
requirements of ASTM International Standard D7566 or 
ASTM International Standard D1655, Annex A1, sub-
section A.1.2.2, and is derived from biomass (as defined 
in section 45K(c)(3) of the Internal Revenue Code of 
1986), waste streams, or gaseous carbon oxides, conforms 
to the standards, recommended practices and guidance 
agreed to by the United States pursuant to the European 
Union Emissions Trading Scheme Prohibition Act of 2011 
(Public Law 112–200) for addressing aircraft emissions, 
and achieves at least a 30 percent reduction in greenhouse 
gas emissions on a lifecycle basis compared to conventional 
jet fuel. 
SEC. 702. AIRLINE ASSISTANCE TO RECYCLE AND SAVE 
PROGRAM. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Secretary shall es-
tablish and carry out a program, to be known as the ‘‘Air-
line Assistance to Recycle and Save Program’’, under 
which the Secretary shall purchase high-polluting aircraft 
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from air carriers in exchange for commitments from such 
air carriers to purchase fuel-efficient aircraft. 
(b) APPLICATION.—To be eligible for the program es-
tablished under subsection (a), an air carrier shall submit 
to the Secretary an application at such time, in such man-
ner, and containing such information as the Secretary may 
require, including a description of an high-polluting air-
craft of the air carrier. 
(c) PROGRAM REQUIREMENTS.— 
(1) LIST OF ELIGIBLE AIRCRAFT.—In carrying 
out the program established under subsection (a), 
the Secretary, in consultation with the Adminis-
trator, shall prepare, maintain, publicize, and make 
available through a publicly available website, lists of 
aircraft that are— 
(A) high-polluting aircraft; and 
(B) fuel-efficient aircraft that are on the 
market or in production. 
(2) COMMITMENT REQUIREMENT.—In carrying 
out the program established under subsection (a), 
the Secretary shall issue such regulations as are nec-
essary to set requirements for the commitment to 
purchase a fuel-efficient aircraft described in sub-
section (a), including a timing requirement for the 
purchase of a fuel-efficient aircraft. 
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(d) USE
OF
PURCHASED
AIRCRAFT.—Notwith-
standing any other provision of law, the Secretary may 
sell, to an air carrier or eligible foreign air carrier, parts 
or components of aircraft purchased under this division. 
(e) REGULATIONS.—Not later than 30 days after the 
date of enactment of this Act, the Secretary shall issue 
such regulations as are necessary to carry out this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to carry out the program established under this 
section $1,000,000,000 and such sums shall remain avail-
able until expended. 
(g) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) AIRCRAFT
MANUFACTURER.—The term 
‘‘aircraft manufacturer’’ has the meaning given such 
term in section 44301 of title 49, United States 
Code. 
(3) ELIGIBLE FOREIGN AIR CARRIER.— 
(A) IN GENERAL.—The term ‘‘eligible for-
eign air carrier’’ means a foreign air carrier as 
such term is defined in section 40102 of title 
49, United States Code. 
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(B) EXCLUSION.—The term ‘‘eligible for-
eign air carrier’’ does not include a foreign air 
carrier that— 
(i) is domiciled in a country that is a 
state sponsor of terrorism; or 
(ii) has a majority ownership interest 
of individuals or entities domiciled in a 
country that is a state sponsor of ter-
rorism. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
(5) STATE SPONSOR OF TERRORISM.—The term 
‘‘state sponsor of terrorism’’ means a country the 
government of which the Secretary of State deter-
mines has repeatedly provided support for inter-
national terrorism pursuant to— 
(A) section 1754(c)(1)(A) of the Export 
Control Reform Act of 2018 (50 U.S.C. 
4318(c)(1)(A)); 
(B) section 620A of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2371); 
(C) section 40 of the Arms Export Control 
Act (22 U.S.C. 2780); or 
(D) any other provision of law. 
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SEC. 703. EXPANSION OF VOLUNTARY AIRPORT LOW EMIS-
SION PROGRAM. 
Section 40117 of title 49, United States Code, is 
amended— 
(1) in subsection (a)(3)(G) by striking ‘‘if the 
airport is located in an air quality nonattainment 
area (as defined in section 171(2) of the Clean Air 
Act (42 U.S.C. 7501(2)) or a maintenance area re-
ferred to in section 175A of such act (42 U.S.C. 
7505a)’’; and 
(2) in subsection (b) by adding at the end the 
following: 
‘‘(8) PRIORITY OF PROJECTS.—In carrying out 
this section, the Secretary shall prioritize funding 
for airports in areas located in an air quality non-
attainment area (as defined in section 171(2) of the 
Clean Air Act (42 U.S.C. 7501(2)) or a maintenance 
area referred to in section 175A of such act (42 
U.S.C. 7505a).’’. 
SEC. 704. AIRLINE CARBON EMISSIONS OFFSETS AND 
GOALS. 
(a) CARBON OFFSETTING PROGRAM.— 
(1) IN GENERAL.—Not later than 90 days after 
the enactment of this Act, the Administrator of the 
Federal Aviation Administration shall require each 
air carrier receiving assistance under section 101, to 
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fully offset the annual carbon emissions of such air 
carriers for domestic flights beginning in 2025. 
(2) VERIFICATION.—In issuing regulations and 
guidance to carry out to paragraph (1), the Admin-
istrator shall develop standards and practices to en-
sure the use of carbon offsets by air carriers are 
real, additional, permanent, verifiable, and not dou-
ble counted and align with standards, recommended 
practices, assessment tools, and guidance agreed to 
by the United States pursuant to the European 
Union Emissions Trading Scheme Prohibition Act of 
2011 (Public Law 112–200) for addressing aircraft 
emissions. 
(3) AUDITING.—An air carrier covered under 
this subsection shall take reasonable and continuous 
measures to ensure any carbon offsets credited to, or 
purchased by, such carrier continue to be accurate. 
(4) CERTIFICATION.—The Administrator shall 
annually certify that an air carrier’s carbon offset-
ting program aligns with the standards developed 
pursuant to paragraph (2). 
(b) CARBON EMISSIONS GOAL.— 
(1) IN
GENERAL.—The Administrator of the 
Federal Aviation Administration, with the concur-
rence of the Administrator of the Environmental 
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Protection Agency, shall require each air carrier re-
ceiving assistance under section 101 to— 
(A) make and achieve a binding commit-
ment to reduce the greenhouse gas emissions 
attributable to the domestic flights of such air 
carrier in every calendar year, beginning with 
2021, on a path consistent with a 25 percent 
reduction in the aviation sector’s emissions 
from 2019 levels by 2035, and a 50 percent re-
duction in the sector’s emissions from 2019 lev-
els by 2050, applying the standards, rec-
ommended practices, and guidance agreed to by 
the United States pursuant to the European 
Union Emissions Trading Scheme Prohibition 
Act of 2011 (Public Law 112–200) for address-
ing aircraft emissions; and 
(B) submit to the Administrator, annually, 
a report containing a plan for meeting the com-
mitment described in subparagraph (A) and evi-
dence of compliance with such commitment, in-
cluding the annual emissions of the air carrier, 
use of alternative fuels, and any other means of 
implementing such commitment. 
(2) CERTIFICATION.— 
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(A) IN GENERAL.—Not later than 5 years 
after the date of enactment of this Act, and not 
less frequently than every 5 years thereafter, 
the Administrator shall certify each air carrier 
covered under this subsection that is taking 
such actions as are necessary to meet the re-
quirements established pursuant to paragraph 
(1). 
(B) REMEDIATION.—With respect to any 
air carrier covered under this subsection that 
the Administrator does not certify under sub-
paragraph (A), the Administrator, in consulta-
tion with such air carrier, shall, not later than 
180 days after the last date on which a certifi-
cation could have been made under such sub-
paragraph, develop a plan to ensure such air 
carrier meets the requirements established pur-
suant to paragraph (1). 
(3) PUBLIC
INFORMATION.—The Secretary 
shall make publicly available the reports described in 
paragraph (1). 
(4) LIMITATION.—Nothing in this subsection 
shall affect or alter the authorities and responsibil-
ities to address greenhouse gases under any other 
provision of law. 
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(c) INTERNATIONAL COMPETITIVENESS.—In issuing 
regulations to carry out to subsection (b) and (c), the Ad-
ministrator shall create a mechanism that ensures foreign 
air carriers that enter the national airspace system have 
an equivalent emissions reductions target or programs 
such that the United States airline industry is not at a 
competitive disadvantage. 
SEC. 705. RESEARCH AND DEVELOPMENT OF SUSTAINABLE 
AVIATION FUELS. 
There is authorized to be appropriated to the Federal 
Aviation Administration $100,000,000 for each of fiscal 
years 2021 through 2026 for research and development 
of sustainable aviation fuels. 
SEC. 706. IMPROVING CONSUMER INFORMATION REGARD-
ING RELEASE OF GREENHOUSE GASES FROM 
FLIGHTS. 
(a) IN GENERAL.—Not later than January 1, 2023, 
the Secretary of Transportation shall develop and imple-
ment, by regulation, a program to require air carriers that 
receive assistance under section 101 provide passengers 
with information regarding greenhouse gas emissions re-
sulting from each individual flight that is— 
(1) customized to account for such emissions 
associated with each aircraft and the flight route of 
such aircraft; and 
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(2) made available on the first display of any 
website selling any ticket for such flight, following a 
search of a requested itinerary in a format that is 
easily visible to the purchaser. 
(b) PUBLIC REPORTING.—The Secretary shall pub-
lish monthly data and information that anonymously ag-
gregates and analyzes the information provided to indi-
vidual passengers under to subsection (a). Such informa-
tion and data shall— 
(1) be accessible to the public on the internet; 
and 
(2) identify and quantify the greenhouse gas 
emissions and relative climate change impact of each 
passenger air carrier that receives assistance under 
section 101. 
SEC. 707. STUDY ON CERTAIN CLIMATE CHANGE MITIGA-
TION EFFORTS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall seek to enter into an agreement with the Na-
tional Academies of Sciences, Engineering, and Medicine 
(referred to in this section as the ‘‘National Academies’’) 
to conduct a study on climate change mitigation efforts 
with respect to the civil aviation and aerospace industries. 
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(b) STUDY CONTENTS.—In conducting the study 
under subsection (a), the National Academies shall— 
(1) identify climate change mitigation efforts, 
including efforts relating to emerging technologies, 
in the civil aviation and aerospace industries; 
(2) develop and apply an appropriate indicator 
for assessing the effectiveness of such efforts; 
(3) identify gaps in such efforts; 
(4) identify barriers preventing expansion of 
such efforts; and 
(5) develop recommendations with respect to 
such efforts. 
(c) REPORTS.— 
(1) FINDINGS
OF
STUDY.—Not later than 1 
year after the date on which the Secretary enters 
into an agreement for a study pursuant to sub-
section (a), the Secretary shall submit to the appro-
priate congressional committees the findings of the 
study. 
(2) ASSESSMENT.—Not later than 180 days 
after the date on which the Secretary submits the 
findings pursuant to paragraph (1), the Secretary, 
acting through the Administrator of the Federal 
Aviation Administration, shall submit to the appro-
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priate congressional committees a report that con-
tains an assessment of the findings. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section $1,500,000. 
(e) DEFINITIONS.—In this section: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Transportation 
and Infrastructure of the House of Representatives, 
the Committee on Commerce, Science, and Trans-
portation of the Senate, and other congressional 
committees determined appropriate by the Secretary. 
(2) CLIMATE CHANGE MITIGATION EFFORTS.— 
The term ‘‘climate change mitigation efforts’’ means 
efforts, including the use of technologies, materials, 
processes, or practices, that contribute to the reduc-
tion of greenhouse gas emissions. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. SEPARABILITY. 
If any provision of this division (including any 
amendment made by this division) or the application 
thereof to any person or circumstance is held invalid, the 
remainder of this division (including any amendment 
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made by this division) and the application thereof to other 
persons or circumstances shall not be affected thereby. 
SEC. 802. APPLICATION OF LAW. 
Chapter 83 of title 41, United States Code, shall not 
apply with respect to purchases made in response to— 
(1) the public health emergency declared on 
January 31, 2020 under section 319 of the Public 
Health Service Act (42 U.S.C. 247d); or 
(2) the emergency declared by the President on 
March 13, 2020, under section 501 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5191) and under any subsequent 
major disaster declaration under section 401 of such 
Act that supersedes such emergency declaration. 
DIVISION S—SMALL BUSINESS 
ADMINISTRATION 
SEC. 190001. DEFINITIONS. 
In this division— 
(1) the terms ‘‘Administration’’ and ‘‘Adminis-
trator’’ mean the Small Business Administration 
and the Administrator thereof, respectively; 
(2) the term ‘‘covered small business concern’’ 
means a small business concern that has experi-
enced, as a result of COVID–19— 
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(A) supply chain disruptions, including 
changes in— 
(i) quantity and lead time, including 
the number of shipments of components 
and delays in shipments; 
(ii) quality, including shortages in 
supply for quality control reasons; and 
(iii) technology, including a com-
promised payment network; 
(B) staffing challenges; 
(C) a decrease in sales or customers; or 
(D) a closure; and 
(3) the term ‘‘small business concern’’ has the 
meaning given the term in section 3 of the Small 
Business Act (15 U.S.C. 636). 
SEC. 190002. PAYCHECK PROTECTION PROGRAM. 
(a) IN GENERAL.—Section 7(a) of the Small Busi-
ness Act (15 U.S.C. 636(a)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A), in the matter 
preceding clause (i), by striking ‘‘and (E)’’ and 
inserting ‘‘(E), and (F)’’; and 
(B) by adding at the end the following: 
‘‘(F) PARTICIPATION
IN
THE
PAYCHECK 
PROTECTION
PROGRAM.—In an agreement to 
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participate in a loan on a deferred basis under 
paragraph (36), the participation by the Admin-
istration shall be 100 percent.’’; and 
(2) by adding at the end the following: 
‘‘(36) PAYCHECK PROTECTION PROGRAM.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the terms ‘appropriate Federal 
banking agency’ and ‘insured depository 
institution’ have the meanings given those 
terms in section 3 of the Federal Deposit 
Insurance Act (12 U.S.C. 1813); 
‘‘(ii) the term ‘covered loan’ means a 
loan made under this paragraph during the 
covered period; 
‘‘(iii) the term ‘covered period’ means 
the period beginning on February 15, 2020 
and ending on June 30, 2020; 
‘‘(iv) the term ‘eligible recipient’ 
means an individual or entity that is eligi-
ble to receive a covered loan; 
‘‘(v) the term ‘eligible self-employed 
individual’ has the meaning given the term 
in section 7002(b) of the Families First 
Coronavirus Response Act (Public Law 
116–127); 
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‘‘(vi) the term ‘nonprofit organization’ 
means an organization that is described in 
section 501(c)(3) of the Internal Revenue 
Code of 1986 and that is exempt from tax-
ation under section 501(a) of such Code; 
‘‘(vii) the term ‘payroll costs’— 
‘‘(I) means— 
‘‘(aa) the sum of payments 
of any compensation with respect 
to employees that is a— 
‘‘(AA) salary or wage; 
‘‘(BB) payment of cash 
tip or equivalent; 
‘‘(CC) payment for va-
cation, 
parental, 
family, 
medical, or sick leave; 
‘‘(DD) 
allowance 
for 
dismissal or separation; 
‘‘(EE) 
payment 
re-
quired for the provisions of 
group health care benefits, 
including 
insurance 
pre-
miums; 
‘‘(FF) payment of any 
retirement benefit; or 
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‘‘(GG) 
payment 
of 
State or local tax assessed 
on the compensation of em-
ployees; and 
‘‘(bb) the sum of payments 
of any compensation to a sole 
proprietor or independent con-
tractor that is a wage, commis-
sion, or similar compensation and 
that is in an amount that is not 
more than $100,000 in 1 year, as 
prorated for the covered period; 
and 
‘‘(II) shall not include— 
‘‘(aa) the compensation of 
an individual employee in excess 
of an annual salary of $100,000, 
as prorated for the covered pe-
riod; 
‘‘(bb) taxes imposed or with-
held under chapters 21, 22, or 24 
of the Internal Revenue Code of 
1986 during the covered period; 
‘‘(cc) any compensation of 
an 
employee 
whose 
principal 
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place of residence is outside of 
the United States; 
‘‘(dd) qualified sick leave 
wages for which a credit is al-
lowed under section 7001 of the 
Families First Coronavirus Re-
sponse Act (Public Law 116– 
127); or 
‘‘(ee) qualified family leave 
wages for which a credit is al-
lowed under section 7003 of the 
Families First Coronavirus Re-
sponse Act (Public Law 116– 
127); and 
‘‘(viii) the term ‘veterans organization’ 
means an organization that is described in 
paragraph (19) of section 501(c) of the In-
ternal Revenue Code that is exempt from 
taxation under section 501(a) of such 
Code. 
‘‘(B) SMALL
BUSINESS
INTERRUPTION 
LOANS.—Except as otherwise provided in this 
paragraph, the Administrator may guarantee 
covered loans under the same terms, conditions, 
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and processes as a loan made under this sub-
section. 
‘‘(C) REGISTRATION OF LOANS.—Not later 
than 15 days after the date on which a loan is 
made under this paragraph, the Administration 
shall register the loan using the TIN (as de-
fined in section 7701 of the Internal Revenue 
Code of 1986) assigned to the borrower. 
‘‘(D) INCREASED
ELIGIBILITY
FOR
CER-
TAIN
SMALL
BUSINESSES
AND
ORGANIZA-
TIONS.— 
‘‘(i) IN
GENERAL.—During the cov-
ered period, in addition to small business 
concerns, any business concern, nonprofit 
organization, or veterans organization shall 
be eligible to receive a covered loan if the 
business concern, nonprofit organization, 
or veterans organization employs not more 
than the greater of— 
‘‘(I) 500 employees; or 
‘‘(II) if applicable, the size stand-
ard in number of employees estab-
lished by the Administration for the 
industry in which the business con-
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989 
cern, nonprofit organization, or vet-
erans organization operates. 
‘‘(ii) INCLUSION
OF
SOLE
PROPRI-
ETORS, INDEPENDENT CONTRACTORS, AND 
ELIGIBLE
SELF-EMPLOYED
INDIVID-
UALS.— 
‘‘(I) IN
GENERAL.—During the 
covered period, individuals who oper-
ate under a sole proprietorship or as 
an independent contractor and eligible 
self-employed individuals shall be eli-
gible to receive a covered loan. 
‘‘(II) DOCUMENTATION.—An eli-
gible self-employed individual seeking 
a covered loan shall submit payroll tax 
filings reported to the Internal Rev-
enue Service. An independent con-
tractor shall submit Forms 1099– 
MISC received. A sole proprietorship 
shall submit schedules from their tax 
return filed (or to be filed) showing 
their income and expenses from their 
sole proprietorship. 
‘‘(iii) 
BUSINESS
CONCERNS
WITH 
MORE THAN 1 PHYSICAL LOCATION.—Dur-
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990 
ing the covered period, any business con-
cern that employs not more than 500 em-
ployees per physical location of the busi-
ness concern and that is assigned a North 
American Industry Classification System 
code beginning with 72 at the time of dis-
bursal shall be eligible to receive a covered 
loan. 
‘‘(iv) 
WAIVER
OF
AFFILIATION 
RULES.—During the covered period, the 
provisions applicable to affiliations under 
section 121.103 of title 13, Code of Fed-
eral Regulations, or any successor regula-
tion, are waived with respect to eligibility 
for a covered loan for— 
‘‘(I) any business concern with 
not more than 500 employees that, as 
of the date on which the covered loan 
is disbursed, is assigned a North 
American Industry Classification Sys-
tem code beginning with 72; 
‘‘(II) any business concern oper-
ating as a franchise that is assigned a 
franchise identifier code by the Ad-
ministration; and 
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991 
‘‘(III) any business concern that 
receives financial assistance from a 
company licensed under section 301 of 
the Small Business Investment Act of 
1958 (15 U.S.C. 681). 
‘‘(E) MAXIMUM
LOAN
AMOUNT.—During 
the covered period, with respect to a covered 
loan, the maximum loan amount shall be the 
lesser of— 
‘‘(i)(I) the product obtained by multi-
plying— 
‘‘(aa) the average total monthly 
payments by the applicant for payroll 
costs, costs related mortgage pay-
ments, rent (including under a lease 
agreement), and utilities incurred dur-
ing the 1-year period before the date 
on which the loan is made, except 
that, in the case of an applicant that 
is seasonal employer, as determined 
by the Administrator, the average 
total monthly payments for payroll 
shall be for the 12-week period begin-
ning February 15, 2019, or at the 
election of the eligible recipient, 
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992 
March 1, 2019, and ending June 30, 
2019; by 
‘‘(bb) 4; or 
‘‘(II) if requested by an otherwise eli-
gible recipient that was not in business 
during the period beginning on February 
15, 2019 and ending on June 30, 2019, 
the product obtained by multiplying— 
‘‘(aa) the average total monthly 
payments by the applicant for payroll 
costs, costs related mortgage pay-
ments, rent (including under a lease 
agreement), and utilities incurred dur-
ing the period beginning on January 
1, 2020 and ending on February 29, 
2020; by 
‘‘(bb) 4; or 
‘‘(ii) $10,000,000. 
‘‘(F) ALLOWABLE
USES
OF
COVERED 
LOANS.— 
‘‘(i) IN
GENERAL.—During the cov-
ered period, an eligible recipient may, in 
addition to the allowable uses of a loan 
made under this subsection, use the pro-
ceeds of the covered loan for— 
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993 
‘‘(I) payroll costs; 
‘‘(II) costs related to the continu-
ation of group health care benefits 
during periods of paid sick, medical, 
or family leave, and insurance pre-
miums; 
‘‘(III) employee salaries, commis-
sions, or similar compensations; 
‘‘(IV) mortgage payments; 
‘‘(V) rent (including rent under a 
lease agreement); 
‘‘(VI) utilities; and 
‘‘(VII) interest on any other debt 
obligations that were incurred before 
the covered period. 
‘‘(ii) DELEGATED AUTHORITY.— 
‘‘(I) IN GENERAL.—For purposes 
of making covered loans for the pur-
poses described in clause (i), a lender 
approved under this paragraph shall 
be considered to have delegated au-
thority to make and approve covered 
loans, subject to the provisions of this 
paragraph. 
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994 
‘‘(II) CONSIDERATIONS.—In eval-
uating the eligibility of a borrower for 
a covered loan with the terms de-
scribed in this paragraph, a lender 
shall consider whether the borrower— 
‘‘(aa) was in operation on 
February 15, 2020; 
‘‘(bb)(AA) 
had 
employees 
for whom the borrower paid sala-
ries and payroll taxes; or 
‘‘(BB) 
paid 
independent 
contractors, as reported on a 
Form 1099–MISC; and 
‘‘(cc) is substantially im-
pacted by public health restric-
tions related to the Coronavirus 
2019 (COVID–19). 
‘‘(iii) ADDITIONAL
LENDERS.—The 
authority to make loans under this para-
graph shall be extended to additional lend-
ers determined by the Administrator and 
the Secretary of the Treasury to have the 
necessary qualifications to process, close, 
disburse and service loans made with the 
guarantee of the Administration. 
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loan or on a pool of covered loans of up to 100 
percent of the principal on the covered loan or 
pool of covered loans, respectively. 
(B) PURCHASE.—The Administrator shall 
purchase the expected forgiveness amount de-
scribed in subparagraph (A) as if the amount 
were the principal amount of a loan guaranteed 
under section 7(a) of the Small Business Act 
636(a). 
(C) TIMING.—Not later than 5 days after 
the date on which the Administrator receives a 
report under subparagraph (A), the Adminis-
trator shall purchase the expected forgiveness 
amount under subparagraph (B) with respect to 
each covered loan to which the report relates. 
(d) LIMITS ON AMOUNT OF FORGIVENESS.— 
(1) AMOUNT MAY NOT EXCEED PRINCIPAL.— 
The amount of loan forgiveness under this section 
shall not exceed the principal amount of the financ-
ing made available under the applicable covered 
loan. 
(2) REDUCTION BASED ON REDUCTION IN NUM-
BER OF EMPLOYEES.— 
(A) IN
GENERAL.—The amount of loan 
forgiveness under this section shall be reduced, 
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but not increased, by multiplying the amount 
described in subsection (b) by the quotient ob-
tained by dividing— 
(i) the average number of full-time 
equivalent employees per month employed 
by the eligible recipient during the covered 
period; by 
(ii)(I) the average number of full-time 
equivalent employees per month employed 
by the eligible recipient during the period 
beginning on February 15, 2019 and end-
ing on June 30, 2019; 
(II) if the eligible recipient was not in 
operation before June 30, 2019, the aver-
age number of full-time equivalent employ-
ees per month employed by the eligible re-
cipient during the period beginning on 
January 1, 2020 and ending on February 
29, 2020; or 
(III) in the case of an eligible recipi-
ent that is seasonal employer, as deter-
mined by the Administrator, the average 
number of full-time equivalent employees 
per month employed by the eligible recipi-
ent during the period beginning on Feb-
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the employee’s years of service under a legacy 
plan shall be treated as years of service earned 
under the composite plan. For purposes of such 
determination, a composite plan shall not be 
treated as a defined benefit plan pursuant to 
section 437(d). 
‘‘(B) QUALIFIED
EMPLOYEE.—For pur-
poses of this paragraph, an employee is a quali-
fied employee if the employee first completes an 
hour of service under the composite plan (deter-
mined without regard to the provisions of this 
paragraph) within the 12-month period imme-
diately preceding or the 24-month period imme-
diately following the date the employee ceased 
to accrue benefits under the legacy plan. 
‘‘(C) CERTIFICATION OF YEARS OF SERV-
ICE.—For purposes of subparagraph (A), the 
plan sponsor of the composite plan shall rely on 
a written certification by the plan sponsor of 
the legacy plan of the years of service the quali-
fied employee completed under the legacy plan 
as of the date the employee satisfies the re-
quirements of subparagraph (B), disregarding 
any years of service that had been forfeited 
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