I 
118TH CONGRESS 
2D SESSION 
H. R. 7061 
To provide loans and other financial assistance to small businesses affected 
by the wildfires on Maui, and for other purpose. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 22, 2024 
Mr. CASE introduced the following bill; which was referred to the Committee 
on Small Business, and in addition to the Committees on Ways and 
Means, and Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To provide loans and other financial assistance to small 
businesses affected by the wildfires on Maui, and for 
other purpose. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Healing and Economic 
Advancement for Local businesses in Maui Act’’ or the 
‘‘HEAL Maui Act’’. 
SEC. 2. EMERGENCY EIDL GRANTS. 
(a) DEFINITIONS.—In this section— 
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(1) the term ‘‘covered entity’’ means— 
(A) a business with not more than 500 em-
ployees; 
(B) any individual who operates under a 
sole proprietorship, with or without employees, 
or as an independent contractor; 
(C) a cooperative with not more than 500 
employees; 
(D) an ESOP (as defined in section 3 of 
the Small Business Act (15 U.S.C. 632)) with 
not more than 500 employees; or 
(E) a tribal small business concern, as de-
scribed in section 31(b)(2)(C) of the Small 
Business Act (15 U.S.C. 657a(b)(2)(C)), with 
not more than 500 employees; 
(2) the term ‘‘covered period’’ means the period 
beginning on August 8, 2023, and ending on May 
10, 2024; 
(3) the term ‘‘eligible entity’’ means a covered 
entity the principal office of which is located on 
Maui and not fewer than 35 percent of the employ-
ees of which reside on Maui; and 
(4) the term ‘‘Hawai’i Wildfires’’ means 
wildfires occurring in Hawai’i during the period be-
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ginning on August 1, 2023, and ending on Sep-
tember 30, 2023. 
(b) ELIGIBLE ENTITIES.—During the covered period, 
in addition to small business concerns, private nonprofit 
organizations, and small agricultural cooperatives, an eli-
gible entity shall be eligible for a loan made under section 
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)). 
(c) TERMS; CREDIT ELSEWHERE.—With respect to 
a loan made under section 7(b)(2) of the Small Business 
Act (15 U.S.C. 636(b)(2)) during the covered period in 
response to the Hawai‘i Wildfires, the Administrator shall 
waive— 
(1) any rules related to personal guarantee on 
advances and loans of not more than $200,000 dur-
ing the covered period for all applicants; 
(2) the requirement that an applicant needs to 
be in business for the 1-year period before the dis-
aster, except that no waiver may be made for a busi-
ness that was not in operation on August 8, 2023; 
and 
(3) the requirement in the flush matter fol-
lowing subparagraph (E) of section 7(b)(2) of the 
Small Business Act (15 U.S.C. 636(b)(2)) that an 
applicant be unable to obtain credit elsewhere. 
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subsection to eligible entities that experienced 
economic loss of not less than 30 percent. 
(B) ECONOMIC
LOSS
DEFINED.—In this 
paragraph, the term ‘‘economic loss’’ means, 
with respect to an eligible entity— 
(i) the amount by which the gross re-
ceipts of the eligible entity declined during 
an 8-week period between August 8, 2023, 
and May 10, 2024, relative to a com-
parable 8-week period between January 1, 
2022, and August 7, 2023; or 
(ii) if the eligible entity is a seasonal 
business concern, such other amount deter-
mined appropriate by the Administrator. 
(6) USE
OF
FUNDS.—An advance provided 
under this subsection may be used to address any al-
lowable purpose for a loan made under section 
7(b)(2) of the Small Business Act (15 U.S.C. 
636(b)(2)), including— 
(A) maintaining payroll to retain employ-
ees during business disruptions or substantial 
slowdowns; 
(B) paying increased costs to obtain mate-
rials due to disruptions to supply chains; 
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(C) making rent or mortgage payments; 
and 
(D) repaying obligations that cannot be 
met due to revenue losses. 
(7) REPAYMENT.— 
(A) IN GENERAL.—An entity shall not be 
required to repay any amounts of an advance 
provided under this subsection, even if subse-
quently denied a loan under section 7(b)(2) of 
the Small Business Act (15 U.S.C. 636(b)(2)). 
(B) TAX
TREATMENT.—For purposes of 
the Internal Revenue Code of 1986— 
(i) no amount shall be included in the 
gross income of the eligible recipient by 
reason of subparagraph (A), 
(ii) no deduction shall be denied, no 
tax attribute shall be reduced, and no basis 
increase shall be denied, by reason of the 
exclusion from gross income provided by 
clause (i), and 
(iii) in the case of an eligible recipient 
that is a partnership or S corporation— 
(I) any amount excluded from in-
come by reason of clause (i) shall be 
treated as tax exempt income for pur-
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poses of sections 705 and 1366 of 
title 26, and 
(II) except as provided by the 
Secretary of the Treasury (or the Sec-
retary’s delegate), any increase in the 
adjusted basis of a partner’s interest 
in a partnership under section 705 of 
title 26 with respect to any amount 
described in subclause (I) shall equal 
the partner’s distributive share of de-
ductions resulting from costs paid in 
accordance with paragraph (6) using 
amounts from an advance provided 
under this section. 
(8) SUBSEQUENT LOAN GRANT.—If an entity 
that receives an advance under this subsection trans-
fers into, or is approved for, the loan program under 
paragraph (38) of section 7(a) of the Small Business 
Act (15 U.S.C. 636(a)), the advance amount shall be 
reduced from the loan forgiveness amount for a loan 
for payroll costs made under such paragraph (38). 
(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Ad-
ministration $1,000,000,000 to carry out this sub-
section. 
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(10) TERMINATION.—The authority to make 
advances under this subsection shall terminate on 
May 10, 2024. 
(f) APPROPRIATIONS.—There is appropriated, out of 
amounts in the Treasury not otherwise appropriated, for 
the fiscal year ending September 30, 2023, to remain 
available until September 30, 2024, for additional 
amounts $1,000,000,000 under the heading ‘‘Small Busi-
ness Administration—Emergency EIDL Grants’’ for car-
rying out this section. 
SEC. 3. MAUI WILDFIRE PAYCHECK PROTECTION PRO-
GRAM. 
(a) IN GENERAL.—Section 7(a) of the small Business 
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 (F)’’ and 
inserting ‘‘(F), and (G)’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(G) PARTICIPATION IN THE MAUI WILD-
FIRE PAYCHECK PROTECTION PROGRAM.—In an 
agreement to participate in a loan on a deferred 
basis under paragraph (38), the participation 
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by the Administration shall be 100 percent.’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(38) MAUI WILDFIRE PAYCHECK PROTECTION 
PROGRAM.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the terms ‘appropriate Federal 
banking agency’, ‘insured depository insti-
tution’, ‘eligible self-employed individual’, 
‘insured credit union’, ‘nonprofit organiza-
tion’, ‘payroll costs’ and ‘veterans organi-
zation’ have the meanings given such 
terms under paragraph (36)(A); 
‘‘(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 August 8, 2023, 
and ending on May 10, 2024; and 
‘‘(iv) the term ‘eligible recipient’ 
means an individual or entity that is eligi-
ble to receive a covered loan. 
‘‘(B) MAUI WILDFIRE PAYCHECK PROTEC-
TION PROGRAM.—Except as otherwise provided 
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in this paragraph, the Administrator may guar-
antee covered loans under the same terms, con-
ditions, and processes as a loan made under 
this subsection. 
‘‘(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 title 26) assigned to 
the borrower. 
‘‘(D) INCREASED
ELIGIBILITY
FOR
CER-
TAIN SMALL BUSINESS AND ORGANIZATIONS.— 
‘‘(i) 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, inde-
pendent contractor, or sole proprietor-
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ship seeking a covered loan shall sub-
mit such documentation as deter-
mined necessary by the Administrator 
and the Secretary, to establish the ap-
plicant as eligible. 
‘‘(ii) 
BUSINESS
CONCERNS
WITH 
MORE THAN 1 PHYSICAL LOCATION.—Dur-
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. 
‘‘(iii) 
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 
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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 
‘‘(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). 
‘‘(iv) AFFILIATION.—The provisions 
applicable to affiliations under section 
121.103 of title 13, Code of Federal Regu-
lations, or any successor thereto, shall 
apply with respect to a nonprofit organiza-
tion and a veterans organization in the 
same manner as with respect to a small 
business concern. 
‘‘(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 sum of— 
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‘‘(aa) the product obtained by 
multiplying— 
‘‘(AA) 
the 
average 
total 
monthly payments by the appli-
cant for payroll costs incurred 
during the 1-year period before 
the date on which the loan is 
made, except that, in the case of 
an applicant that is seasonal em-
ployer, as determined by the Ad-
ministrator, the average total 
monthly payments for payroll 
shall be for any 12-week period 
selected by the seasonal employer 
that is between August 8, 2023, 
and May 10, 2024 and ends be-
fore the date on which the loan is 
made; by 
‘‘(BB) 2.5; and 
‘‘(bb) the outstanding amount of 
a loan under subsection (b)(2) that 
was made during the period beginning 
on August 8, 2023, and ending on the 
date on which covered loans are made 
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available to be refinanced under the 
covered loan; or 
‘‘(II) if requested by an otherwise eli-
gible recipient that was not in business 
during the period beginning on August 8, 
2022, and ending on May 10, 2023, the 
sum of— 
‘‘(aa) the product obtained by 
multiplying— 
‘‘(AA) 
the 
average 
total 
monthly payments by the appli-
cant for payroll costs incurred 
during the period beginning on 
May 11, 2023, and ending on 
August 8, 2023; by 
‘‘(BB) 2.5; and 
‘‘(bb) the outstanding amount of 
a loan under subsection (b)(2) that 
was made during the period beginning 
on August 8, 2023, and ending on the 
date on which covered loans are made 
available to be refinanced under the 
covered loan; or 
‘‘(ii) the costs, expenses, and expendi-
tures described in subclauses (I) through 
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(XI) of subparagraph (F)(i) that were in-
curred by the applicant during the covered 
period with respect to employees of the ap-
plicant on Maui, up to $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 any of the fol-
lowing costs, expenses, or expenditures in-
curred with respect to employees, property, 
or operations of the eligibility recipient on 
Maui: 
‘‘(I) Payroll costs. 
‘‘(II) Costs related to the con-
tinuation of group health care benefits 
during periods of paid sick, medical, 
or family leave, and insurance pre-
miums. 
‘‘(III) Employee salaries, com-
missions, or similar compensations. 
‘‘(IV) Payments of interest on 
any mortgage obligation (which shall 
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not include any prepayment of or pay-
ment of principal on a mortgage obli-
gation). 
‘‘(V) Rent (including rent under 
a lease agreement). 
‘‘(VI) Utilities. 
‘‘(VII) Interest on any other debt 
obligations that were incurred before 
the covered period. 
‘‘(VIII) Covered operations ex-
penditures, as defined in section 4(a) 
of the Healing and Economic Ad-
vancement for Local businesses in 
Maui Act. 
‘‘(IX) Covered property damage 
costs, as defined in such section. 
‘‘(X) Covered supplier costs, as 
defined in such section. 
‘‘(XI) Covered worker protection 
expenditures, as defined in such sec-
tion. 
‘‘(ii) DELEGATED AUTHORITY.— 
‘‘(I) IN GENERAL.—For purposes 
of making covered loans for the pur-
poses described in clause (i), a lender 
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