Sec. 5. Subsequent loans under the paycheck protection program
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An eligible business that received a covered loan under section 7(a)(36) of the Small Business Act may submit an application to the Administrator of the Small Business Administration for a subsequent loan made under the same terms, conditions, and processes as such covered loan. A subsequent loan made under subsection
(a)shall be eligible for forgiveness under section 1106 of the CARES Act under the same terms, conditions, and processes as a covered loan made under section 7(a)(36) of the Small Business Act. Amounts of a subsequent loan used for covered worker protection expenditures shall be eligible for forgiveness under such section 1106. With respect to a subsequent loan, the covered period (as defined in section 1106(a)(3) of the CARES Act) shall begin on the date of disbursement of the subsequent loan. A lender may rely on any certification or documentation submitted by an applicant for a covered loan or an eligible recipient of a covered loan that— is submitted pursuant to any statutory requirement relating to covered loans or any rule or guidance issued to carry out any action relating to covered loans; and attests that the applicant or eligible recipient, as applicable, has accurately verified any certification or documentation provided to the lender. With respect to a lender that relies on a certification or documentation described in paragraph (1)— an enforcement action may not be taken against the lender acting in good faith relating to origination or forgiveness of a covered loan based on such reliance; and the lender acting in good faith shall not be subject to any penalties relating to origination or forgiveness of a covered loan based on such reliance. In this section: The term covered worker protection expenditure — means an operating or a capital expenditure, as determined in accordance with generally accepted accounting principles, that is required to facilitate the adaptation of the business activities of an eligible recipient to comply with requirements established or guidance issued by the Department of Health and Human Services, the Centers for Disease Control, or the Occupational Safety and Health Administration during the period beginning on March 1, 2020, and ending December 31, 2020, related to the maintenance of standards for sanitation, social distancing, or any other worker or customer safety requirement related to COVID–19; may include— the purchase, maintenance, or renovation of assets that create or expand— a drive-through window facility; an indoor, outdoor, or combined air or air pressure ventilation or filtration system; a physical barrier such as a sneeze guard; an indoor, outdoor, or combined commercial real property; an onsite or offsite health screening capability; or other assets relating to the compliance with the requirements or guidance described in subparagraph (A), as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; expenses related to testing employees of an eligible business for COVID–19; and the purchase of— covered materials described in section 328.103(a) of title 44, Code of Federal Regulations, or any successor regulation; particulate filtering facepiece respirators approved by the National Institute for Occupational Safety and Health, including those approved only for emergency use authorization; or other kinds of personal protective equipment, as determined by the Administrator in consultation with the Secretary of Health and Human Services and the Secretary of Labor; and does not include residential real property or intangible property. The term eligible business means an eligible recipient as defined in section 7(a)(36)(A) of the Small Business Act ( 15 U.S.C. 636(a)(36)(A) ), but does not include a nonprofit organization as defined in such section— that experienced a reduction in gross receipts of more than 20 percent during— the period between April 1, 2020, and June 1, 2020, as compared to the period between April 1, 2019, and June 1, 2019; or the period between July 1, 2020, and September 1, 2020, compared to the period between July 1, 2019, and September 1, 2019; and that is able to document an inability to return to the same level of business activity as such business was operating at before February 15, 2020, due to compliance with requirements established or guidance issued by the Secretary of Health and Human Services, the Director of the Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration during the period beginning on March 1, 2020, and ending December 31, 2020, related to the maintenance of standards for sanitation, social distancing, or any other worker or customer safety requirement related to COVID–19.
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Sec. 5
Subsequent loans under the paycheck protection program
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