Small Business Disaster Relief Equity Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8370 To provide disaster assistance to cannabis businesses. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 24, 2020 Mr. BLUMENAUER (for himself and Mr. DEFAZIO) introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To provide disaster assistance to cannabis businesses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Small Business Dis- 4 aster Relief Equity Act of 2020’’. 5 SEC. 2. ELIGIBILITY FOR FEDERAL DISASTER ASSISTANCE. 6 (a) DEFINITIONS.—In this Act: 7 (1) CANNABIS.—The term ‘‘cannabis’’ has the 8 meaning given the term ‘‘marihuana’’ in section 102 9 of the Controlled Substances Act (21 U.S.C. 802). 10 (2) DISASTER ASSISTANCE.—The term ‘‘dis- 11 aster assistance’’ means any service, grant, loan (in- 12 VerDate Sep 11 2014 04:31 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8370.IH H8370 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8370 IH cluding loan forgiveness), tax credit, tax deduction, 1 or any other assistance— 2 (A) made available in connection with a 3 federally declared disaster; or 4 (B) made available in connection with the 5 Families First Coronavirus Response Act (Pub- 6 lic Law 116–127; 134 Stat. 178), the CARES 7 Act (Public Law 116–136; 134 Stat. 281), the 8 Paycheck Protection Program and Health Care 9 Enhancement Act (Public Law 116–139; 134 10 Stat. 620), the Paycheck Protection Program 11 Flexibility Act of 2020 (Public Law 116–142; 12 134 Stat. 641), or Public Law 116–147. 13 (3) STATE.—The term ‘‘State’’ means each of 14 the several States, the District of Columbia, Puerto 15 Rico, and any territory or possession of the United 16 States. 17 (4) STATE-LEGAL CANNABIS BUSINESS.—The 18 term ‘‘State-legal cannabis business’’ means any per- 19 son that— 20 (A) participates in any business or orga- 21 nized activity that involves handling cannabis, 22 including the manufacture, production, posses- 23 sion, distribution, dispensation, administration, 24 or delivery of cannabis; and 25 VerDate Sep 11 2014 04:31 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8370.IH H8370 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8370 IH (B) engages in such activity pursuant to a 1 law established by a State, a unit of local gov- 2 ernment, or an Indian Tribe that has jurisdic- 3 tion over the Indian country in which the activ- 4 ity occurs. 5 (b) ELIGIBILITY.—Notwithstanding any other provi- 6 sion of law, a State-legal cannabis business shall not be 7 denied disaster assistance administered by a Federal agen- 8 cy solely because the business is involved in the manufac- 9 ture, production, possession, distribution, dispensation, 10 administration, or delivery of cannabis. 11 (c) APPLICATION.— 12 (1) IN GENERAL.—In the case of disaster as- 13 sistance described in subsection (a)(2)(A), this Act 14 shall apply to any request for disaster assistance 15 with respect to a Federal disaster declaration issued 16 after December 31, 2019. 17 (2) COVID–19 RELIEF LEGISLATION.—In the 18 case of disaster assistance described in subsection 19 (a)(2)(B), this Act shall apply to any request for 20 disaster assistance under an Act described in sub- 21 section (a)(2)(B). 22 (3) RETROACTIVE APPLICATION FOR DISASTER 23 ASSISTANCE.—Notwithstanding any other provision 24 of law or disaster assistance request deadline, the 25 VerDate Sep 11 2014 04:31 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8370.IH H8370 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8370 IH head of each agency that administers disaster assist- 1 ance shall, to the greatest extent practicable, allow 2 State-legal cannabis businesses to retroactively apply 3 for such disaster assistance. 4 Æ VerDate Sep 11 2014 04:31 Oct 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H8370.IH H8370 kjohnson on DSK79L0C42PROD with BILLS