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US S3805

US S3805
Paycheck Protection Program Flexibility Act of 2020


summary

Introduced
05/21/2020
In Committee
05/21/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

A bill to amend the Small Business Act and the CARES Act to modify certain provisions related to the forgiveness of loans under the paycheck protection program, to allow recipients of loan forgiveness under the paycheck protection program to defer payroll taxes, and for other purposes. This bill modifies provisions related to the forgiveness of loans made to small businesses under the Paycheck Protection Program implemented in response to COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill establishes a minimum maturity of five years for a paycheck protection loan that has a remaining balance after the application of forgiveness. The bill also extends the covered period during which the recipient of a paycheck protection loan may use such funds for certain expenses while remaining eligible for forgiveness of the loan. Further, the bill prohibits the Small Business Administration from limiting the non-payroll portion of a forgivable covered loan amount. Currently, only 25% of a paycheck protection loan may be allocated to non-payroll expenses such as rent and utilities. The bill extends the period of time in which an employer may rehire or eliminate a reduction in employment, salary, or wages that would otherwise reduce the forgivable amount of a paycheck protection loan. However, the forgivable amount must be determined without regard to a reduction in the number of employees if the recipient is (1) unable to rehire an employee, (2) able to demonstrate an inability to hire a similarly qualified employee, or (3) able to demonstrate an inability to return to the same level of business activity. Lastly, the bill eliminates a provision that makes a paycheck protection loan recipient who has such indebtedness forgiven ineligible to defer payroll tax payments.

AI Summary

This bill modifies provisions related to the Paycheck Protection Program (PPP), a loan program implemented in response to COVID-19 to support small businesses. Specifically, the bill extends the covered period for PPP loan forgiveness from June 30, 2020, to December 31, 2020, and allows for loan forgiveness without regard to reductions in the number of employees under certain circumstances. The bill also establishes a minimum maturity of 5 years for any remaining PPP loan balance after forgiveness, prohibits the Small Business Administration from limiting the non-payroll portion of forgivable PPP loan amounts, and eliminates a provision that made PPP loan recipients ineligible to defer payroll tax payments.

Committee Categories

Budget and Finance

Sponsors (9)

Last Action

Read twice and referred to the Committee on Finance. (on 05/21/2020)

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