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Code · BILL · 116th Congress · S. 4321 (Introduced in Senate) — To establish the Paycheck Protection Program Second Draw Loan and amend the 7(a) loan guaranty program for recovery s... · Sec. 101

Sec. 101. Additional eligible expenses

765 words·~3 min read·/bill/116/s/4321/is/section-101

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Section 7(a)(36)(F)(i) of the Small Business Act ( 15 U.S.C. 636(a)(36)(F)(i) ) is amended— in subclause (VI), by striking and at the end; in subclause (VII), by striking the period at the end and inserting a semicolon; and by adding at the end the following: covered operations expenditures, as defined in section 1106(a) of the CARES Act ( 15 U.S.C. 9005(a) ); covered property damage costs, as defined in such section 1106(a); covered supplier costs, as defined in such section 1106(a); and covered worker protection expenditures, as defined in such section 1106(a). . Section 1106 of the CARES Act ( 15 U.S.C. 9005 ) is amended— in subsection (a)— by redesignating paragraphs (6), (7), and
(8)as paragraphs (10), (11), and (12), respectively; by redesignating paragraph
(5)as paragraph (8); by redesignating paragraph
(4)as paragraph (6); by redesignating paragraph
(3)as paragraph (4); by inserting after paragraph
(2)the following: the term covered operations expenditure means a payment for any business software or cloud computing service that facilitates business operations, product or service delivery, the processing, payment, or tracking of payroll expenses, human resources, sales and billing functions, or accounting or tracking of supplies, inventory, records and expenses; ; by inserting after paragraph (4), as so redesignated, the following: the term covered property damage cost means a cost related to property damage and vandalism or looting due to public disturbances that occurred during 2020 that was not covered by insurance or other compensation; ; by inserting after paragraph (6), as so redesignated, the following: the term covered supplier cost means an expenditure made by an entity to a supplier of goods pursuant to a contract in effect before February 15, 2020 for the supply of goods that are essential to the operations of the entity at the time at which the expenditure is made; ; by inserting after paragraph (8), as so redesignated, the following: the term covered worker protection expenditure — means an operating or a capital expenditure that is required to facilitate the adaptation of the business activities of an entity 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; 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; ; and in paragraph (11), as so redesignated— in subparagraph (C), by striking and at the end; in subparagraph (D), by striking and at the end; and by adding at the end the following: covered operations expenditures; covered property damage costs; covered supplier costs; and covered worker protection expenditures; and ; in subsection (b), by adding at the end the following: Any covered operations expenditure. Any covered property damage cost. Any covered supplier cost. Any covered worker protection expenditure. ; in subsection (d)(8), by inserting any payment on any covered operations expenditure, any payment on any covered property damage cost, any payment on any covered supplier cost, any payment on any covered worker protection expenditure, after rent obligation, ; and in subsection (e)— in paragraph (2), by inserting payments on covered operations expenditures, payments on covered property damage costs, payments on covered supplier costs, payments on covered worker protection expenditures, after lease obligations, ; and in paragraph (3)(B), by inserting make payments on covered operations expenditures, make payments on covered property damage costs, make payments on covered supplier costs, make payments on covered worker protection expenditures, after rent obligation, .
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Sec. 101
Additional eligible expenses
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