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Rep. Pallone Statement on House Passage of Third Coronavirus Pandemic Response Legislation

March 31, 2020 — The following was released by The Office of Congressman Frank Pallone Jr. (D-NJ):

Congressman Frank Pallone, Jr. (NJ-06) issued the following statement today after the House of Representatives passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the third major legislation passed by Congress to respond to the coronavirus pandemic:

“Today, more help is on the way. The CARES Act provides essential assistance to the American people, health care workers, hospitals, small businesses and state and local governments that have been seriously impacted by the coronavirus pandemic.  This legislation provides much needed financial relief to laid-off or furloughed workers through increased and extended unemployment insurance so they will continue to receive a paycheck in the weeks and months ahead. It also puts money in the pockets of struggling Americans, and provides grants and loans to small businesses to help them better weather the ongoing economic storm.

“As the coronavirus pandemic overwhelms our health care workers and hospitals, the legislation includes $100 billion to our hospitals and $16 billion for personal protective equipment and other resources for our courageous health care workers so they can safely treat patients. Health care professionals are on the front lines, and we must continue to work to ensure they are protected and have the resources they need to safely do their jobs.

“I’m pleased that this package contains $300 million in funds specifically designated to help fishing communities who have incurred significant economic losses as a result of this pandemic. In my district in New Jersey, the recreational and commercial fishing industry is vital to our coastal communities up and down the Jersey Shore.

“Finally, I’m glad to see that Democrats were successful in removing a provision in the initial draft of the Senate bill that would have provided a $3 billion bailout to the oil and gas industry. This provision had no place in this legislation.

“The CARES Act takes a significant step in protecting the health of all Americans and providing peace of mind during this time of economic uncertainty, but there is a lot more work to do. In future legislation, we must ensure affordable treatment for all, expand distance learning programs and access to the internet for low-income Americans, protect consumers from price gouging and prevent critical services from being shut off during this crisis.”

The CARES Act includes key provisions that give:

$260 billion in Dramatically Expanded Unemployment Benefits: The bill includes numerous provisions to improve unemployment benefits including providing an additional $600 per week for the next four months, providing an additional 13 weeks of federally funded benefits, and expanding eligibility to include workers in the gig economy and self-employed workers.

Immediate Direct Cash Payments to Lower and Middle-Income Americans:  The bill provides for immediate, direct cash payments to lower-and middle-income Americans of $1,200 for each adult and $500 for each child, beginning to phase out at an annual income of $75,000 for an individual and $150,000 for a household.  These payments will provide individuals with the cash they need right now to survive with much of the economy currently shut down.

Read the full release here

The Federal Relief Package: Is Your Business Small, Medium, Large, Essential and/or Critical and What Do Those Terms Mean for You and Your Employees

March 31, 2020 — Kelley Drye’s Government Relations group has been tracking and analyzing the federal response to the COVID-19 pandemic and will be hosting a webinar on Monday, March 30th at 2:00 pm to address some of our clients’ most frequent questions and provide updated analysis on the federal relief package.  Topics include:

  • Stay-at-Home orders and your business operations:  What is the definition of “essential” and “critical infrastructure” and how should companies respond to state or local directives on business operations.
  • The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”):  Does my business qualify for relief in the form of a Small Business Administration loan?  What are the terms of these loans and what is the size threshold?
  • What’s in the third relief package and what will be in the 4th package?

Click here to view webinar presentation.
Click here to view and listen to the webinar recording.

COVID-19 Relief Bill Provides $300M For U.S. Fisheries Participants

March 27, 2020 — The United States Senate voted 96-0 on March 25 to pass a $2 trillion coronavirus relief package. The bill will now head to the House of Representatives, who are set to vote on the Coronavirus Aid Relief and Economic Security (CARES) Act, HR 748 bill on Friday.

This will mark the largest economic stimulus package in the history of the country and it includes $500 billion in funding for various U.S. industries including $4 billion to cargo carriers, which helps the seafood industry in moving product in and out of the country. Many Americans will also receive $1,200 in relief (Find the full bill here).

Read the full story at Seafood News

House passes COVID stimulus bill, Trump expected to sign soon

March 27, 2020 — The U.S. House of Representatives followed the U.S. Senate’s lead on Friday, 27 March, and passed the USD 2 trillion (EUR 1.81 trillion) Coronavirus Aid Relief and Economic Security (or CARES) Act, a stimulus package that includes hundreds of millions of dollars in aid earmarked for the seafood industry.

U.S. President Donald Trump has indicated he will sign the bill as soon as today.

Read the full story at Seafood Source

Federal Relief Package Includes $350 Billion for Small Business – Here are the Details

March 26, 2020 — The following analysis was produced by David Frulla, David Hickey, and Timothy Lavender of Kelley Drye & Warren LLP:

The United States Senate passed H.R. 748, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) late in the evening of Wednesday, March 25. The House of Representatives is expected to consider and pass the bill on Friday, and, President Trump to sign it shortly thereafter.

Title I of Division A of the CARES Act is entitled the Keeping American Workers Paid and Employed Act.  Title I provides over $350 billion in, in part, short-term economic relief for small businesses, non-profit organizations, veterans organizations, and Tribal business concerns  facing business disruption from the novel coronavirus COVID-19. For its part, Title I creates what is known as the “Paycheck Protection Program” (“PPP”).

In summary, the PPP provides $349 billion for expedited, low-interest business interruption loans to small entities. The loans will be backed with a 100% federal guarantee and funding, through the Small Business Administration’s traditional Section 7(a) lending authority. The Section 7(a) program is the SBA’s primary program for providing financial assistance to small businesses that would not otherwise have access to credit for the same uses or on the same terms. There are nearly 2,000 SBA-approved lenders nationwide.  The PPP broadens and increases the flexibility of the Section 7(a) lending program in significant ways.

Principally, under the PPP, funding can be used for a wide range of daily operating expenses. Under the PPP, the loan’s term can be up to ten years. Fees for these loans are waived. Significantly, no collateral or personal loan guarantee is required.  These loans are also non-recourse to a borrower’s principals, if the loan is used for permissible purposes (described below). No pre-payment penalty is allowed. The interest rate is capped at 4%. The maximum loan amount calculation is largely made using monthly payroll costs and capped at $10 million. For eligible “impacted” borrowers (basically, any borrower that qualifies for a loan), loan repayment deferral is available for no less than six months and up to one year. Flexible terms are also available for loan modifications. PPP lending authority will extend “during the covered period” of February 15, 2020, through June 30, 2020.

Further, and with some qualifications, the PPP provides tax-free forgiveness of that portion of these PPP small entity loans used for paying workers, mortgage interest and rent expenses, and utilities during the 8-week period beginning on the date the loan was originated. In addition to current Section 7(a)-approved SBA lenders, the PPP authorizes the SBA and Treasury Department quickly to approve the participation of other lenders (insured depository institutions, credit unions, farm credit system lenders, and other lenders) in originating and servicing these loans.

Because the PPP is utilizing an existing lending program, lending should be able to begin over the near term. The CARES Act sets a 15-day deadline for the SBA to issue regulations needed to carry out the PPP.  Once SBA-approved lenders can proceed to make loans under the program, under standard SBA timelines, an SBA loan can be made available in as little as 36 hours, but generally within 5 to 10 business days.  These loans can be made by the lender without seeking specific SBA approval for any loan.

PPP Qualification
An entity qualifies as a eligible borrower under the PPP if it meets the following: (1) the borrower can make a “good faith” certification of COVID-19-related business injury (quoted below); (2) the borrower meets applicable SBA size standards for number of employees and independence; (3) the borrower was in business on February 15, 2020;  (4) the borrower will use the funds to retain workers and maintain payroll or make mortgage payments, lease payments, and utility payments; and (5) the employer is not double-dipping, that is, seeking or having already obtained the same type of PPP loan from another lender.

Read the full analysis here

Stimulus includes $300 million for fisheries and aquaculture

March 26, 2020 — A $300 million earmark in the Senate’s $2.2 trillion coronavirus stimulus bill passed late Wednesday, March 25, is slated for fisheries and aquaculture. It’s aimed at supporting independent operators who are not otherwise covered by agricultural disaster assistance programs.

The Senate passed the Coronavirus Aid Relief and Economic Security (or CARES) Act late Wednesday, March 25. It returns to the House of Representatives for a vote on Thursday, March 26. The bill is designed to stimulate the economy in the wake of the coronavirus pandemic that has led to widespread shutdowns intended to slow the spread of the virus.

The National Coalition for Fishing Communities made a statement thanking the industry for uniting in requesting help from federal legislators and also Sens. Edward J. Markey (D-Mass.), Lisa Murkowski (R-Alaska), Elizabeth Warren (D-Mass.) and Dan Sullivan (R-Alaska) for their quick action in speaking on behalf of the industry in a letter to Senate leaders.

“The speed with which the domestic seafood industry has come together to speak with one voice is unprecedented,” said Bob Vanasse, executive director of Saving Seafood, which organized the coalition. “There are many differences in our nation’s fisheries — geography, species, gear types and management — but today our fisheries are simultaneously diverse and unified. We look forward to working together across traditional industry lines, and with elected officials and administrators, to ensure the aid the federal government is providing will flow fairly and equitably across regions and fisheries.”

Read the full story at National Fisherman

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