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Code · STATUTE-COMPILATIONS · Consolidated Appropriations Act, 2021 · Sec. 317

Sec. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK PROTECTION PROGRAM

721 words·~3 min read·/statute-compilations/comps-16716/sec-317

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## SEC. 317 ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK PROTECTION PROGRAM ###
(a)Eligibility of Individual Stations, Newspapers, and Public Broadcasting Organizations Section 7(a)(36)(D)(iii) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is amended— ####
(1)by striking “ During the covered period ” and inserting the following: > > ###### “(I) In general > > During the covered period” > ; and ####
(2)by adding at the end the following > > ###### “(II) Eligibility of news organizations > > > ###### “(aa) Definition > > In this subclause, the term ‘included business concern’ means a business concern, including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) without regard for whether such a station is a concern as defined in section 121.105 of title 13, Code of Federal Regulations, or any successor thereto— > > > ###### “(AA) > > that employs not more than 500 employees, or the size standard established by the Administrator for the North American Industry Classification System code applicable to the business concern, per physical location of such business concern; or > > > ###### “(BB) > > any nonprofit organization or any organization otherwise subject to section 511(a)(2)(B) of the Internal Revenue Code of 1986 that is a public broadcasting entity (as defined in section 397(11) of the Communications Act of 1934 (47 U.S.C. 397(11))). > > > ###### “(bb) Eligibility > > During the covered period, an included business concern shall be eligible to receive a covered loan if— > > > ###### “(AA) > > the included business concern is majority owned or controlled by a business concern that is assigned a North American Industry Classification System code beginning with 511110 or 5151 or, with respect to a public broadcasting entity (as defined in section 397(11) of the Communications Act of 1934 (47 U.S.C. 397(11))), has a trade or business that falls under such a code; and > > > ###### “(BB) > > the included business concern makes a good faith certification that proceeds of the loan will be used to support expenses at the component of the included business concern that produces or distributes locally focused or emergency information.” > . ###
(b)Eligibility of Affiliated Entities Section 7(a)(36)(D)(iv) of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)) is amended— ####
(1)in subclause (II), by striking “and” at the end; ####
(2)in subclause (III), by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following: > > ###### “(IV) > > > ######
(aa)> > any business concern (including any station which broadcasts pursuant to a license granted by the Federal Communications Commission under title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) without regard for whether such a station is a concern as defined in section 121.105 of title 13, Code of Federal Regulations, or any successor thereto) that employs not more than 500 employees, or the size standard established by the Administrator for the North American Industry Classification System code applicable to the business concern, per physical location of such business concern and is majority owned or controlled by a business concern that is assigned a North American Industry Classification System code beginning with 511110 or 5151; or > > > ###### “(bb) > > any nonprofit organization that is assigned a North American Industry Classification System code beginning with 5151.” > . ###
(c)Application of Prohibition on Publicly Traded Companies Clause
(viii)of section 7(a)(36)(D) of the Small Business Act (15 U.S.C. 636(a)(36)(D), as added by section 342 of this Act is amended— ####
(1)by striking “ Notwithstanding ” and inserting the following: > > ###### “(I) In general > > Subject to subclause (II), and notwithstanding” > ; and ####
(2)by adding at the end— > > ##### “(II) Rule for affiliated entities > > With respect to a business concern made eligible by clause (iii)(II) or clause (iv)(IV) of this subparagraph, the Administrator shall not consider whether any affiliated entity, which for purposes of this subclause shall include any entity that owns or controls such business concern, is an issuer.” > .
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Sec. 317
ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK PROTECTION PROGRAM
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