[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3865 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3865
To provide for the treatment of certain criminal violations under the
paycheck protection program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2020
Mr. Portman (for himself, Mr. Cardin, Mr. Lankford, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To provide for the treatment of certain criminal violations under the
paycheck protection program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Paycheck Protection Program Second
Chance Act''.
SEC. 2. TREATMENT OF CERTAIN CRIMINAL VIOLATIONS UNDER THE PAYCHECK
PROTECTION PROGRAM.
(a) In General.--Section 7(a)(36) of the Small Business Act (15
U.S.C. 636(a)(36)) is amended by adding at the end the following:
``(T) Treatment of certain criminal violations.--
``(i) Arrests or convictions.--Except as
provided in clause (ii), an entity that is a
business, organization, cooperative, or
enterprise shall be an eligible recipient
notwithstanding an arrest or conviction under
Federal, State, or Tribal law of an owner of
not less than 20 percent of the equity of the
entity, unless the owner is incarcerated on the
date on which the entity applies for a covered
loan.
``(ii) Financial fraud or deception.--
Notwithstanding clause (i), an entity that is a
business, organization, cooperative, or
enterprise may not receive a covered loan if,
during the 5-year period preceding the date on
which the entity applies for a covered loan, an
owner of not less than 20 percent of the equity
of the entity has been convicted of a felony of
financial fraud or deception under Federal,
State, or Tribal law.
``(iii) Waiver.--The Administrator may
waive the requirements under clause (ii).''.
(b) Rulemaking.--Not later than 15 days after the date of enactment
of this Act, the Administrator of the Small Business Administration
shall make necessary revisions to any rules of the Administration to
carry out the amendment made by subsection (a).
<all>