{"identifier":"/us/usc/t15/s9008","title":15,"num":"\u00a7\u202f9008.","heading":"United States Treasury program management authority","text":"\u00a7\u202f9008.\nUnited States Treasury program management authority\n(a)\nDefinitions\nIn this section\u2014\n(1) the terms \u201cappropriate Federal banking agency\u201d and \u201cinsured depository institution\u201d have the meanings given those terms in\nsection 1813 of title 12\n(2) the term \u201cinsured credit union\u201d has the meaning given the term in\nsection 1752 of title 12\n(3) the term \u201cSecretary\u201d means the Secretary of the Treasury.\n(b)\nAuthority to include additional financial institutions\nThe 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 (\n12 U.S.C. 2001\n50 U.S.C. 1601\n(c)\nSafety and soundness\nAn insured depository institution, insured credit union, institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (\n12 U.S.C. 2001\n(d)\nRegulations for lenders and loans\n(1)\nIn general\nThe Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to\u2014\n(A) allow additional lenders to originate loans under this section; and\n(B) establish terms and conditions for loans under this section, including terms and conditions concerning compensation, underwriting standards, interest rates, and maturity.\n(2)\nRequirements\nThe terms and conditions established under paragraph (1) shall provide for the following:\n(A) 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 (\n15 U.S.C. 636(a)\n(B) 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 (\n(i) Subparagraph (D), pertaining to borrower eligibility.\n(ii) Subparagraph (E), pertaining to the maximum loan amount.\n(iii) Subparagraph (F)(i), pertaining to allowable uses of program loans.\n(iv) Subparagraph (H), pertaining to fee waivers.\n(v) Subparagraph (M), pertaining to loan deferment.\n(C) 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 (\n15 U.S.C. 636(a)(2)\n(D) Loan forgiveness under terms and conditions that, to the maximum extent practicable, is consistent with the terms and conditions for loan forgiveness under section 7A of the Small Business Act [\n15 U.S.C. 636m\n(e)\nAdditional regulations generally\nThe 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\n1\n1 See References in Text note below.\n2\n2 So in original.\n(f)\nCertification\nAs a condition of receiving a loan under this section, a borrower shall certify under terms acceptable to the Secretary that the borrower\u2014\n(1) does not have an application pending for a loan under section 7(a) of the Small Business Act (\n15 U.S.C. 636(a)\n(2) has not received such a loan during the period beginning on\nFebruary 15, 2020\nDecember 31, 2020\n(g)\nOpt-in for SBA qualified lenders\nLenders qualified to participate as a lender under 7(a)\n3\n3 So in original. Probably should be preceded by \u201csection\u201d.\n15 U.S.C. 636(a)\n15 U.S.C. 636(a)\n(h)\nProgram administration\nWith 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 (\n50 U.S.C. 1601\n(i)\nCriminal penalties\nA loan under this section shall be deemed to be a loan under the Small Business Act (\n15 U.S.C. 631\n15 U.S.C. 645","url":"https://projectusc.org/usc/t15/s9008.html","content":[{"t":"sec","id":"/us/usc/t15/s9008","children":[{"t":"num","text":"\u00a7\u202f9008."},{"t":"heading","text":"United States Treasury program management authority"},{"t":"subsec","id":"/us/usc/t15/s9008/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this section\u2014"},{"t":"para","id":"/us/usc/t15/s9008/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the terms \u201cappropriate Federal banking agency\u201d and \u201cinsured depository institution\u201d have the meanings given those terms in ","children":[{"t":"ref","text":"section 1813 of title 12","href":"/us/usc/t12/s1813","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9008/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cinsured credit union\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 1752 of title 12","href":"/us/usc/t12/s1752","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9008/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the term \u201cSecretary\u201d means the Secretary of the Treasury.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Authority to include additional financial institutions"},{"t":"content","children":[{"t":"p","text":"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 (","children":[{"t":"ref","text":"12 U.S.C. 2001","href":"/us/usc/t12/s2001","tail":" 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 ("},{"t":"ref","text":"50 U.S.C. 1601","href":"/us/usc/t50/s1601","tail":" et seq.) with respect to the Coronavirus Disease 2019 (COVID\u201319) expires."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Safety and soundness"},{"t":"content","children":[{"t":"p","text":"An insured depository institution, insured credit union, institution of the Farm Credit System chartered under the Farm Credit Act of 1971 (","children":[{"t":"ref","text":"12 U.S.C. 2001","href":"/us/usc/t12/s2001","tail":" 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Regulations for lenders and loans"},{"t":"para","id":"/us/usc/t15/s9008/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The Secretary may issue regulations and guidance as necessary to carry out the purposes of this section, including to\u2014"},{"t":"subpara","id":"/us/usc/t15/s9008/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" allow additional lenders to originate loans under this section; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9008/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" establish terms and conditions for loans under this section, including terms and conditions concerning compensation, underwriting standards, interest rates, and maturity.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9008/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Requirements"},{"t":"chapeau","text":"The terms and conditions established under paragraph (1) shall provide for the following:"},{"t":"subpara","id":"/us/usc/t15/s9008/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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 (","children":[{"t":"ref","text":"15 U.S.C. 636(a)","href":"/us/usc/t15/s636/a","tail":"), as added by section 1102 of this Act."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9008/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" 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 (","children":[{"t":"ref","text":"15 U.S.C. 636(a)","href":"/us/usc/t15/s636/a","tail":"), as added by section 1102 of this Act:"}]},{"t":"clause","id":"/us/usc/t15/s9008/d/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Subparagraph (D), pertaining to borrower eligibility.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9008/d/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" Subparagraph (E), pertaining to the maximum loan amount.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9008/d/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" Subparagraph (F)(i), pertaining to allowable uses of program loans.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9008/d/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" Subparagraph (H), pertaining to fee waivers.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t15/s9008/d/2/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" Subparagraph (M), pertaining to loan deferment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9008/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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 (","children":[{"t":"ref","text":"15 U.S.C. 636(a)(2)","href":"/us/usc/t15/s636/a/2","tail":"), as added by section 1102 of this Act."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t15/s9008/d/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" Loan forgiveness under terms and conditions that, to the maximum extent practicable, is consistent with the terms and conditions for loan forgiveness under section 7A of the Small Business Act [","children":[{"t":"ref","text":"15 U.S.C. 636m","href":"/us/usc/t15/s636m","tail":"]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Additional regulations generally"},{"t":"content","children":[{"t":"p","text":"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\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" and to establish terms and conditions such as compensation, underwriting standards, interest rates, and maturity for under\u202f"},{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original.","tail":" this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Certification"},{"t":"chapeau","text":"As a condition of receiving a loan under this section, a borrower shall certify under terms acceptable to the Secretary that the borrower\u2014"},{"t":"para","id":"/us/usc/t15/s9008/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" does not have an application pending for a loan under section 7(a) of the Small Business Act (","children":[{"t":"ref","text":"15 U.S.C. 636(a)","href":"/us/usc/t15/s636/a","tail":") for the same purpose; and"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t15/s9008/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" has not received such a loan during the period beginning on ","children":[{"t":"text","text":"February 15, 2020","tail":" and ending on "},{"t":"text","text":"December 31, 2020","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Opt-in for SBA qualified lenders"},{"t":"content","children":[{"t":"p","text":"Lenders qualified to participate as a lender under 7(a)\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSo in original. Probably should be preceded by \u201csection\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be preceded by \u201csection\u201d.","tail":" of the Small Business Act ("},{"t":"ref","text":"15 U.S.C. 636(a)","href":"/us/usc/t15/s636/a","tail":") 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 ("},{"t":"ref","text":"15 U.S.C. 636(a)","href":"/us/usc/t15/s636/a","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Program administration"},{"t":"content","children":[{"t":"p","text":"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 (","children":[{"t":"ref","text":"50 U.S.C. 1601","href":"/us/usc/t50/s1601","tail":" et seq.) with respect to the Coronavirus Disease 2019 (COVID\u201319) expires."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t15/s9008/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Criminal penalties"},{"t":"content","children":[{"t":"p","text":"A loan under this section shall be deemed to be a loan under the Small Business Act (","children":[{"t":"ref","text":"15 U.S.C. 631","href":"/us/usc/t15/s631","tail":" et seq.) for purposes of section 16 of such Act ("},{"t":"ref","text":"15 U.S.C. 645","href":"/us/usc/t15/s645","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}