PPE Act

I 116TH CONGRESS 2D SESSION H. R. 6973 To amend the paycheck protection program of the Small Business Administra- tion to include costs related to the provision of personal protective equip- ment as an allowable use of a covered loan, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 22, 2020 Ms. FINKENAUER (for herself and Mrs. RADEWAGEN) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the paycheck protection program of the Small Business Administration to include costs related to the provision of personal protective equipment as an allow- able use of a covered loan, 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 ‘‘Protecting Paychecks 4 and Employees Act of 2020’’ or the ‘‘PPE Act’’. 5 VerDate Sep 11 2014 20:52 Jun 16, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6973.IH H6973 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6973 IH SEC. 2. INCLUSION OF COSTS RELATED TO THE PROVISION 1 OF PERSONAL PROTECTIVE EQUIPMENT IN 2 THE PAYCHECK PROTECTION PROGRAM. 3 (a) PAYCHECK PROTECTION PROGRAM.—Section 4 7(a)(36)(F)(i) of the Small Business Act (15 U.S.C. 5 636(a)(36)(F)(i)) is amended— 6 (1) in subclause (VI), by striking ‘‘and’’ at the 7 end; 8 (2) in subclause (VII), by striking the period at 9 the end and inserting ‘‘; and’’; and 10 (3) by adding at the end the following new sub- 11 clause: 12 ‘‘(VIII) costs related to the provi- 13 sion of personal protective equipment 14 for employees or other equipment or 15 supplies determined by the employer 16 to be necessary to protect the health 17 and safety of employees.’’. 18 (b) FORGIVENESS.— 19 (1) DEFINITION OF EXPECTED FORGIVENESS 20 AMOUNT.—Section 1106(a)(7) of the CARES Act 21 (Public Law 116–136) is amended— 22 (A) in subparagraph (C), by striking 23 ‘‘and’’ at the end; and 24 (B) by adding at the end the following new 25 subparagraph: 26 VerDate Sep 11 2014 20:52 Jun 16, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6973.IH H6973 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6973 IH ‘‘(E) payments made for the provision of 1 personal protective equipment for employees or 2 other equipment or supplies determined by the 3 employer to be necessary to protect the health 4 and safety of employees; and’’. 5 (2) FORGIVENESS.—Section 1106(b) of the 6 CARES Act (Public Law 116–136) is amended by 7 adding at the end the following new paragraph: 8 ‘‘(5) Any payment made for the provision of 9 personal protective equipment for employees or other 10 equipment or supplies determined by the employer to 11 be necessary to protect the health and safety of em- 12 ployees.’’. 13 (3) CONFORMING AMENDMENTS.—Section 1106 14 of the CARES Act (Public Law 116–136) is amend- 15 ed— 16 (A) in subsection (e)— 17 (i) in paragraph (2), by striking ‘‘pay- 18 ments on covered mortgage obligations, 19 payments on covered lease obligations, and 20 covered utility payments’’ and inserting 21 ‘‘payments described under subsection (b) 22 (other than payroll costs)’’; and 23 (ii) in paragraph (3)(B), by striking 24 ‘‘, make interest payments’’ and all that 25 VerDate Sep 11 2014 20:52 Jun 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6973.IH H6973 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6973 IH follows through ‘‘or make covered utility 1 payments’’ and inserting ‘‘, make pay- 2 ments described under subsection (b)’’; 3 and 4 (B) in subsection (h), by striking ‘‘pay- 5 ments for payroll costs, payments on covered 6 mortgage obligations, payments on covered 7 lease obligations, or covered utility payments’’ 8 each place it appears and inserting ‘‘payments 9 described under subsection (b)’’. 10 (c) PROHIBITION ON LIMITING FORGIVENESS.—Sec- 11 tion 1106(d) of the CARES Act (Public Law 116–136) 12 amended by adding at the end the following new para- 13 graph: 14 ‘‘(7) NO LIMITATIONS.—In carrying out this 15 section, the Administrator may not limit the non- 16 payroll portion of a forgivable covered loan 17 amount.’’. 18 Æ VerDate Sep 11 2014 20:52 Jun 16, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6973.IH H6973 pamtmann on DSKBC07HB2PROD with BILLS