Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

§
Marginalia
Code · BILL · 116th Congress · H.R. 748 (EAS) — 116 HR 748 EAS: Coronavirus Aid, Relief, and Economic Security Act · Sec. 1109

Sec. 1109. United States Treasury Program Management Authority

784 words·~4 min read·/bill/116/hr/748/eas/section-1109

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section— the terms appropriate Federal banking agency and insured depository institution have the meanings given those terms in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); the term insured credit union has the meaning given the term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); and the term Secretary means the Secretary of the Treasury. The Department of the Treasury, in consultation with the Administrator, and the Chairman of the Farm Credit Administration shall establish criteria for insured depository institutions, insured credit unions, institutions of the Farm Credit System chartered under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq.), and other lenders that do not already participate in lending under programs of the Administration, to participate in the paycheck protection program to provide loans under this section until the date on which the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) expires.
An insured depository institution, insured credit union, institution of the Farm Credit System chartered under the Farm Credit Act of 1971 ( 12 U.S.C. 2001 et seq.), or other lender may only participate in the program established under this section if participation does not affect the safety and soundness of the institution or lender, as determined by the Secretary in consultation with the appropriate Federal banking agencies or the National Credit Union Administration Board, as applicable.
The Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to— allow additional lenders to originate loans under this section; and establish terms and conditions for loans under this section, including terms and conditions concerning compensation, underwriting standards, interest rates, and maturity. The terms and conditions established under paragraph
(1)shall provide for the following: A rate of interest that does not exceed the maximum permissible rate of interest available on a loan of comparable maturity under paragraph
(36)of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as added by section 1102 of this Act. Terms and conditions that, to the maximum extent practicable, are consistent with the terms and conditions required under the following provisions of paragraph
(36)of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ), as added by section 1102 of this Act: Subparagraph (D), pertaining to borrower eligibility. Subparagraph (E), pertaining to the maximum loan amount. Subparagraph (F)(i), pertaining to allowable uses of program loans. Subparagraph (H), pertaining to fee waivers. Subparagraph (M), pertaining to loan deferment. A guarantee percentage that, to the maximum extent practicable, is consistent with the guarantee percentage required under subparagraph
(F)of section 7(a)(2) of the Small Business Act ( 15 U.S.C. 636(a)(2) ), as added by section 1102 of this Act. Loan forgiveness under terms and conditions that, to the maximum extent practicable, is consistent with the terms and conditions for loan forgiveness under section 1106 of this Act. The Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to allow additional lenders to originate loans under this title and to establish terms and conditions such as compensation, underwriting standards, interest rates, and maturity for under this section. As a condition of receiving a loan under this section, a borrower shall certify under terms acceptable to the Secretary that the borrower— does not have an application pending for a loan under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) for the same purpose; and has not received such a loan during the period beginning on February 15, 2020 and ending on December 31, 2020. Lenders qualified to participate as a lender under 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) may elect to participate in the paycheck protection program under the criteria, terms, and conditions established under this section. Such participation shall not preclude the lenders from continuing participation as a lender under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). With guidance from the Secretary, the Administrator shall administer the program established under this section, including the making and purchasing of guarantees on loans under the program, until the date on which the national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID–19) expires. A loan under this section shall be deemed to be a loan under the Small Business Act ( 15 U.S.C. 631 et seq.) for purposes of section 16 of such Act ( 15 U.S.C. 645 ).
Connectionstraces to 7
Citation graph
cites case law
Sec. 1109
United States Treasury Program Management Authority
U.S.C.§ 1813
U.S.C.§ 1752
U.S.C.§ 2001
U.S.C.§ 1601
U.S.C.§ 636
U.S.C.§ 631
U.S.C.§ 645
Cites 7Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.