Fairness for Craft Beverage Producers Act

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 Com- mittee 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Fairness for Craft Bev- 4 erage Producers Act’’. 5 VerDate Sep 11 2014 18:42 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1035.IH H1035 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1035 IH SEC. 2. INCLUSION OF CERTAIN BEVERAGE MANUFAC- 1 TURING ENTITIES FOR PAYCHECK PROTEC- 2 TION PROGRAM SECOND DRAW LOANS. 3 (a) IN GENERAL.—Section 7(a)(37)(C)(iv) of the 4 Small Business Act (as added by section 311 of the Eco- 5 nomic Aid to Hard-Hit Small Businesses, Nonprofits, and 6 Venues Act (Public Law 116–260)) is amended— 7 (1) in the heading, by striking ‘‘NAICS 72’’ and 8 inserting ‘‘CERTAIN NAICS’’; and 9 (2) by inserting ‘‘, or assigned such a code be- 10 ginning with 3121 that also derived at least 35 per- 11 cent of gross annual revenue during either calendar 12 year 2019 or 2020 from in-person sales of prod- 13 ucts,’’ after ‘‘72’’. 14 (b) SUBSIDY FOR CERTAIN LOAN PAYMENTS.—Sec- 15 tion 1112(c)(1) of the CARES Act (as added by section 16 325 of the Economic Aid to Hard-Hit Small Businesses, 17 Nonprofits, and Venues Act (Public Law 116–260)) is 18 amended— 19 (1) in subparagraph (A)(ii)(I)(bb), by inserting 20 ‘‘, or assigned such a code beginning with 3121 that 21 also derived at least 35 percent of gross annual rev- 22 enue during either calendar year 2019 or 2020 from 23 in-person sales of products’’ after ‘‘812’’; and 24 (2) in subparagraph (B)(ii)(I)(bb), by inserting 25 ‘‘, or assigned such a code beginning with 3121 that 26 VerDate Sep 11 2014 18:42 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1035.IH H1035 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1035 IH also derived at least 35 percent of gross annual rev- 1 enue during either calendar year 2019 or 2020 from 2 in-person sales of products’’ after ‘‘812’’. 3 (c) EFFECTIVE DATE; APPLICABILITY.— 4 (1) IN GENERAL.—Except as provided in para- 5 graph (2), the amendments made by this Act shall 6 be effective as if included in the Economic Aid to 7 Hard-Hit Small Businesses, Nonprofits, and Venues 8 Act (Public Law 116–260) and shall apply to any 9 loan made pursuant to section 7(a)(37) of the Small 10 Business Act or any covered loan made under sec- 11 tion 1112 of the CARES Act (15 U.S.C. 9011) be- 12 fore, on, or after the date of enactment of this Act, 13 including forgiveness of such a loan. 14 (2) EXCLUSION OF LOANS ALREADY FOR- 15 GIVEN.—The amendments made by subsection (a) 16 shall not apply to a loan made pursuant to section 17 7(a)(37) of the Small Business Act or any covered 18 loan made under section 1112 of the CARES Act 19 (15 U.S.C. 9011) for which the borrower received 20 forgiveness before the date of enactment of this Act. 21 Æ VerDate Sep 11 2014 18:42 Mar 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1035.IH H1035 pamtmann on DSKBC07HB2PROD with BILLS