[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3807 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 387
117th CONGRESS
2d Session
H. R. 3807
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2022
Received
May 24, 2022
Read the first time
May 25, 2022
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To amend the American Rescue Plan Act of 2021 to increase
appropriations to the Restaurant Revitalization Fund, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Restaurants and other
Hard Hit Small Businesses Act of 2022''.
SEC. 2. RESTAURANT REVITALIZATION GRANTS.
(a) Appropriation.--Section 5003(b)(2) of the American Rescue Plan
Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$28,600,000,000'' and inserting
``$70,600,000,000''; and
(B) by inserting ``, of which not more than
$420,000,000 shall be for administrative expenses to
carry out this section, and of which $7,500,000 shall
be for the Inspector General of the Small Business
Administration, $7,500,000 for the Department of
Justice for investigative and prosecutorial activities
related to fraud and abuse, and $7,500,000 for Pandemic
Response Accountability Committee, for audits of grants
under this section to investigate fraud and to identify
improper payments and ineligible recipients, and for
other necessary expenses'' before the period at the
end; and
(2) in subparagraph (B)(i)(II), by striking
``$23,600,000,000'' and inserting ``any remaining amounts not
used for a purpose authorized under subparagraph (A) or clause
(i) of this subparagraph''.
(b) Insufficient Funding.--Section 5003 of the American Rescue Plan
Act of 2021 (15 U.S.C. 9009c) is amended by adding at the end the
following:
``(d) Insufficient Funding.--
``(1) In general.--If the Administrator determines that the
amounts made available to carry out this section are
insufficient to make grants in the amount provided in
subsection (c)(4) to each eligible entity that has submitted an
application in accordance with the program guidelines in effect
on the day before the date of enactment of this subsection, but
has not received an award as of such date, the Administrator
shall make grants with the available amounts to each such
eligible applicant--
``(A) such that the amount of the grant that each
such eligible entity would have otherwise received
under this section is reduced by an equal percentage;
``(B) by establishing a maximum amount for a grant
made under this subsection to ensure that smaller
eligible entities still receive grants in the amounts
provided under subsection (c)(4); or
``(C) by providing full awards in the amounts
provided under subsection (c)(4) below a certain
threshold (as the Administrator may establish) and
reducing grants above that threshold by an equal
percentage.
``(2) Reserving funds.--Nothing in paragraph (1) shall
prevent the Administrator from--
``(A) reserving funding for applicants that may be
determined to be eligible for a grant under this
section upon reconsideration; or
``(B) making partial awards to eligible entities on
a preliminary basis until the amount of funding
required to fund grants to all eligible applicants is
established, upon the completion of the reconsideration
process.''.
(c) Reports; Reconsideration; Verification of Business Type.--
Section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c),
as amended by subsection (b), is further amended by adding at the end
the following:
``(e) Reports.--The Administrator shall--
``(1) on a biweekly basis until the amounts made available
to carry out this section are fully expended, publish data that
shows, for the period beginning on the date on which the
Administrator began making grants under this section and ending
on the date on which the information is published--
``(A) with respect to applications for grants under
this section, the number of those applications--
``(i) that the Administrator has received;
``(ii) that the Administrator has reviewed
or is in the process of reviewing; and
``(iii) with respect to which the
Administrator has made a decision; and
``(B) the number and dollar amount of grants under
this section--
``(i) that have been awarded; and
``(ii) that have been disbursed;
``(2) on a weekly basis until the amounts made available to
carry out this section are fully expended, publish, with
respect to the period beginning on the date of enactment of
this subsection and ending on the date on which the information
is published--
``(A) with respect to each eligible entity to which
a grant is made under this section--
``(i) the name of the eligible entity,
including the name or names under which the
eligible entity does business if that name is
different from the name of the eligible entity;
and
``(ii) the address of--
``(I) the eligible entity; and
``(II) the physical location or
locations for the eligible entity
listed on the application, if different
from the address of the eligible
entity;
``(B) the amount of each grant described in
subparagraph (A); and
``(C) the business category listed in subsection
(a)(4)(A) to which the eligible entity belongs.
``(f) Reconsideration.--
``(1) Explanation for denial.--With respect to an applicant
that applies for a grant under this section and is denied by
the Administrator, the Administrator shall make available to
the applicant a brief explanation identifying the reason why
the Administrator denied the application of the applicant,
which shall include, where applicable, a citation to the
statutory, regulatory, or guidance provision with which the
applicant failed to comply and that was the basis for the
denial.
``(2) Process.--The Administrator shall establish a
reconsideration process through which the applicant may--
``(A) submit to the Administrator additional
information the applicant determines to be relevant to
whether the applicant is eligible for the grant; and
``(B) receive a review of the application and such
additional information submitted under subparagraph
(A).
``(g) Verification of Business Type.--If the Administrator verifies
that an applicant for a loan under section 7(a)(36) of the Small
Business Act is not an eligible business type for a grant under this
section using credible information other than information obtained from
the application of the applicant for such loan during 2020, the
Administrator may reject the application solely on those grounds.''.
(d) Requirement of Continuing Operation.--For any application for a
grant under section 5003 of the American Rescue Plan Act of 2021 (15
U.S.C. 9009c) that is pending on the date of enactment of this Act or
for which the applicant has received an award notice but the
Administrator has not disbursed amounts under the grant, the
Administrator may not disburse amounts under the grant unless the
applicant submits a statement to the Administrator indicating the
applicant is still operating, or intends to reopen within 6 months
after the date of the statement is submitted, the place of business for
which such applicant is seeking such grant.
(e) Oversight and Audits.--Section 5003 of the American Rescue Plan
Act of 2021 (15 U.S.C. 9009c), as amended by subsection (c), is further
amended by adding at the end the following:
``(h) Oversight and Audits.--
``(1) In general.--The Administrator shall institute an
oversight and audit plan with respect to eligible entities
receiving grants under this section, which shall include--
``(A) documentation requirements that are
consistent with the eligibility and other requirements
under this section, including by requiring an eligible
entity that receives a grant under this section to
retain records that demonstrate compliance with those
requirements; and
``(B) reviews of the use of grants made under this
section by eligible entities.
``(2) Submission of plan.--Not later than 30 days after the
date of enactment of this subsection, the Administrator shall
submit to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives the plan required under paragraph (1), which
shall describe--
``(A) the policies and procedures of the
Administrator for conducting oversight and audits of
grants made under this section; and
``(B) the metrics that the Administrator will use
to determine which grants made under this section will
be audited under that plan.
``(3) Reports.--Not later than 60 days after the date of
enactment of this subsection, and once every 30 days thereafter
until the date that is 180 days after the date on which all
amounts made available to carry out this section have been
fully expended, and upon request thereafter, the Administrator
shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the
oversight and audit activities of the Administrator under this
subsection, which shall include--
``(A) the total number of grants approved and
disbursed under this section;
``(B) the total amount of each grant received by
each eligible entity;
``(C) the number of active investigations and
audits of grants made under this section;
``(D) the number of completed reviews and audits of
grants made under this section, including a description
of--
``(i) any findings of fraud or other
material noncompliance with the requirements of
this section; and
``(ii) the total amount recouped from
ineligible recipients; and
``(E) a description of any substantial changes made
to the plan required under paragraph (1).
``(4) Retroactive application.--This subsection shall apply
to grants and decisions made under this section before, on, or
after the date of enactment of this subsection.''.
SEC. 3. HARD HIT INDUSTRIES AWARD PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Affiliated business.--The term ``affiliated business''
means a business in which an eligible entity--
(A) has an equity or right to receive not less than
50 percent of the profit distributions of such
business; or
(B) has, on or before March 13, 2020, contractual
authority to control the business.
(3) Award.--The term ``award'' means a financial assistance
payment that an eligible applicant receives directly from the
Small Business Administration.
(4) Covered period.--The term ``covered period'' means the
period beginning on February 15, 2020, and ending on the later
of--
(A) March 31, 2023; or
(B) a date to be determined by the Administrator
that is not later than 2 years after the date of
enactment of this section.
(5) Eligible entity.--The term ``eligible entity''--
(A) means a small business concern that--
(i) employs not more than 200 employees;
and
(ii) suffered a pandemic-related revenue
loss of 40 percent or greater; and
(B) does not include a small business concern
that--
(i) is a State or local government-operated
business;
(ii) has received a grant under--
(I) section 324 of the Economic Aid
to Hard Hit Small Businesses,
Nonprofits, and Venues Act (15 U.S.C.
9009a); or
(II) section 5003 of the American
Rescue Plan Act of 2021 (Public Law
117-2);
(iii) is a publicly-traded company;
(iv) is an entity that is owned or operated
by a private equity fund; or
(v) has a wage violation at the time of
application.
(6) Eligible self-employed individual.--The term ``eligible
self-employed individual'' has the meaning given in section
7002(b) of the Families First Coronavirus Response Act (26
U.S.C. 1401 note).
(7) Exchange; issuer; security.--The terms ``exchange'',
``issuer'', and ``security'' have the meanings given those
terms, respectively, in section 3(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)).
(8) Pandemic-related revenue loss.--
(A) In general.--The term ``pandemic-related
revenue loss'' means, subject to subparagraph (B) and
with respect to an eligible entity--
(i) except as provided in clauses (ii) and
(iii), the average annual gross receipts during
2020 and 2021, as established using such
verification documentation as the Administrator
may require, of the eligible entity subtracted
from the gross receipts of the eligible entity
in 2019, if such sum is greater than zero;
(ii) if the eligible entity was not in
operation for the entirety of 2019--
(I) the difference between--
(aa) the product obtained
by multiplying the average
monthly gross receipts of the
eligible entity in 2019 by 12;
and
(bb) the product obtained
by multiplying the average
monthly gross receipts of the
eligible entity in 2020 and
2021 by 12; or
(II) an amount based on a formula
determined by the Administrator; or
(iii) if the eligible entity began
operations during the period beginning on
January 1, 2020, and ending on the day before
the date of enactment of this section, an
amount based on a formula determined by the
Administrator.
(B) Reduction.--For purposes of this paragraph, the
pandemic-related revenue losses for an eligible entity
calculated under subparagraph (A) shall be reduced by
the sum of--
(i) any amount received from a covered loan
made under paragraph (36) or (37) of section
7(a) of the Small Business Act (15 U.S.C.
636(a)) in 2020 or 2021;
(ii) any amount received as a grant under
section 1110 of the Coronavirus Aid, Relief,
and Economic Security Act (15 U.S.C. 9009); and
(iii) any amount received as a grant under
section 331 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act
(15 U.S.C. 9009b).
(C) Percentage determination.--For the purposes of
determining the percentage of pandemic-related revenue
loss under this subsection, the percentage shall be
equal to--
(i) in the case of an eligible entity for
which subparagraph (A)(i) applies, the product
obtained by multiplying--
(I) the quotient obtained by
dividing the pandemic-related revenue
losses for such eligible entity by the
gross receipts of the eligible entity
in 2019; and
(II) 100;
(ii) in the case of an eligible entity for
which subparagraph (A)(ii)(I) applies, the
product obtained by multiplying--
(I) the quotient obtained by
dividing the pandemic-related revenue
losses for such eligible entity by the
product obtained by multiplying the
average monthly gross receipts of the
eligible entity in 2019 by 12; and
(II) 100; and
(iii) in the case of an eligible entity for
which clauses (ii)(II) or (iii) applies, an
amount based on a formula determined by the
Administrator.
(9) Payroll costs.--The term ``payroll costs'' has the
meaning given the term in section 7(a)(36)(A) of the Small
Business Act (15 U.S.C. 636(a)(36)(A)), except that such term
shall not include--
(A) qualified wages, as defined in section 2301(c)
of the CARES Act (26 U.S.C. 3111 note), taken into
account in determining the credit allowed under such
section 2301; or
(B) premiums taken into account in determining the
credit allowed under section 6432 of the Internal
Revenue Code of 1986.
(10) Private equity fund.--The term ``private equity fund''
has the meaning given the term in section 225.173(a) of title
12, Code of Federal Regulations, or any successor regulation.
(11) Publicly-traded company.--The term ``publicly-traded
company'' means an entity that is majority owned or controlled
by an entity that is an issuer, the securities of which are
listed on a national securities exchange under section 6 of the
Securities Exchange Act of 1934 (15 U.S.C. 78f).
(12) Small business concern.--The term ``small business
concern'' has the meaning given under section 3 of the Small
Business Act (15 U.S.C. 632) and includes--
(A) individuals who operate under a sole
proprietorship, as an independent contractor, or as an
eligible self-employed individual; and
(B) small business concerns described in
subparagraphs (B), (C), and (D) of section 31(b)(2) of
the Small Business Act (15 U.S.C. 657a(b)(2)).
(13) Small business act definitions.--The terms ``covered
mortgage obligation'', ``covered operations expenditure'',
``covered rent obligation'', ``covered supplier cost'',
``covered utility payment'', and ``covered worker protection
expenditure'' have the meanings given, respectively, in section
7A of the Small Business Act (15 U.S.C. 636m).
(b) Awards to Eligible Entities.--
(1) In general.--From amounts made available under this
Act, the Administrator shall establish a program to be known as
the ``Hard Hit Industries Award Program'', under which the
Administrator shall make awards to eligible entities that
submit an application under paragraph (2).
(2) Application.--
(A) Certification.--An eligible entity shall submit
to the Administrator an application for an award under
this subsection. In such application, the eligible
entity shall make a good faith certification that--
(i) the uncertainty of current economic
conditions makes necessary the award request to
support the ongoing operations of the eligible
entity; and
(ii) the eligible entity has no pending
application for and has not received a grant
under--
(I) section 324 of the Economic Aid
to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (15 U.S.C.
9009a); or
(II) section 5003 of the American
Rescue Plan Act of 2021 (15 U.S.C.
9009c).
(B) Verification.--The Administrator shall use tax
records or other reliable sources, such as certified
accounting statements, with respect to an applicant for
an award under this section to determine--
(i) the eligibility of the applicant for
that award; and
(ii) the amount of that award to the
applicant.
(C) Acceptance of applications.--Not later than 120
days after the date of the enactment of this Act, the
Administrator shall begin accepting applications for an
award under this subsection.
(D) Priority.--
(i) In general.--The Administrator shall
prioritize eligible entities that have
experienced significant pandemic-related
revenue loss to receive an award under this
section as follows:
(I) First priority to eligible
entities that experienced a pandemic-
related revenue loss of at least 80
percent.
(II) Second priority to eligible
entities that experienced a pandemic-
related revenue loss of at least 60
percent.
(ii) Smaller entities.--Within each
category of eligible entities described in
subclauses (I) through (III) of clause (i), the
Administrator may prioritize awards to eligible
entities with 50 employees or fewer.
(iii) Additional priority.--Within each
category of eligible entities described in
subclauses (I) through (III) of clause (i), the
Administrator may prioritize awards to eligible
entities that did not receive a covered loan
made under paragraph (36) or (37) of section
7(a) of the Small Business Act (15 U.S.C.
636(a)) in 2020 or 2021.
(3) Award amount.--
(A) Aggregate maximum amount.--The aggregate
maximum amount of awards made to an eligible entity and
any affiliated businesses of the eligible entity under
this subsection may not exceed $1,000,000.
(B) Determination of award amount.--
(i) In general.--Except as provided in this
paragraph, the amount of an award made to an
eligible entity under this subsection shall be
equal to the pandemic-related revenue loss of
the eligible entity.
(ii) Return to treasury.--Any amount of an
award made under this subsection to an eligible
entity described in clause (ii) or (iii) of
subsection (a)(8)(A) that is greater than the
average annual gross receipts of the eligible
entity in 2020 and 2021 shall be returned to
the Treasury.
(C) Insufficient funding.--After selecting award
recipients in accordance with paragraph (2)(D) and
before disbursing any awards under this section, if the
Administrator determines that the amounts made
available under this Act for making awards under this
section are insufficient to make awards to each
eligible entity that submits an application under
paragraph (2) in the amount described under
subparagraphs (A) and (B), the Administrator may make
awards with the available amounts such that the amount
of the award that each eligible entity would have
otherwise received under those subparagraphs and in
accordance with paragraph (2)(D) is reduced by a
percentage, except that the Administrator may establish
an aggregate maximum amount for awards made under this
subparagraph and in accordance with paragraph (2)(D) to
ensure that smaller eligible entities receive awards in
the amounts provided under those subparagraphs.
(4) Use of funds.--During the covered period, an eligible
entity that receives an award under this subsection may use the
award for the following expenses incurred as a direct result
of, or during, the COVID-19 pandemic:
(A) Payroll costs.
(B) Payments to independent contractors, as
reported on Form 1099-MISC, except that each such
payment may not exceed $100,000.
(C) Scheduled payments of interest or principal on
any covered mortgage obligation (which may not include
any prepayment of principal on a covered mortgage
obligation).
(D) Payments on any covered rent obligation and
common area maintenance charges under a lease
agreement.
(E) Covered utility payments.
(F) Maintenance expenses.
(G) Covered worker protection expenditures.
(H) Supplies, including protective equipment and
cleaning materials.
(I) Expenses that were within the scope of the
normal business practice of the eligible entity before
the covered period.
(J) Covered supplier costs.
(K) Covered operational expenses.
(L) Paid sick leave.
(M) Capital expenditures (or expenses required
under any Federal, State, or local law) relating to
implementing social distancing measures.
(N) Any other essential expenses of the eligible
entity, as determined by the Administrator.
(5) Returning funds.--If an eligible entity that receives
an award under this section fails to use all of the award on or
before the last day of the covered period or permanently ceases
operations on or before the last day of the covered period, the
eligible entity shall return to the Administrator any funds
that the eligible entity did not use for the allowable expenses
under paragraph (4).
(c) Data Transparency and Customer Service.--The Administrator
shall--
(1) in carrying out this section, maintain regular
communication with applicants and representatives of such
applicants, including by--
(A) hosting regularly scheduled information
sessions with those persons; and
(B) providing opportunities to those persons to
submit and receive answers to questions regarding
awards made under this section;
(2) on a weekly basis until the amounts made available
under this section are fully expended, publish data that shows,
for the period beginning on the date of enactment of this Act
and ending on the date on which the information is published--
(A) with respect to applications for awards under
this section, the number of those applications--
(i) that the Administrator has received;
(ii) that the Administrator has reviewed or
is in the process of reviewing; and
(iii) with respect to which the
Administrator has made a decision; and
(B) the number and dollar amount of payments
awarded and disbursed under this section;
(3) on a weekly basis until the amounts made available to
carry out this section are fully expended, publish, for the
period beginning on the date of enactment of this Act and
ending on the date on which the information is published--
(A) the name and location of each eligible entity
to which an award has been made under this section; and
(B) the amount of such award;
(4) with respect to an applicant that applies for an award
under this section and is denied by the Administrator--
(A) make available to the applicant a brief
explanation regarding the denial which shall include,
where applicable, a citation to the statute,
regulation, or guidance with which the applicant failed
to comply and that was the basis for the denial; and
(B) establish a reconsideration process through
which the applicant may--
(i) submit to the Administrator additional
information the applicant determines to be
relevant to whether the applicant is eligible
for the grant; and
(ii) receive a review of the application
and such additional information submitted under
clause (i).
(d) Tax Treatment of Awards.--
(1) In general.--For the purposes of the Internal Revenue
Code of 1986--
(A) no award made under this section shall be
included in the gross income of the eligible entity
that receives an award;
(B) no deduction shall be denied, no tax attribute
shall be reduced, and no basis increase shall be
denied, by reason of the exclusion from gross income
provided by subparagraph (A); and
(C) in the case of a partnership or S corporation
that receives an award under this section--
(i) any amount excluded from income by
reason of subparagraph (A) shall be treated as
tax exempt for purposes of sections 705 and
1366 of such Code; and
(ii) the Secretary of the Treasury (or the
Secretary's delegate) shall prescribe rules for
determining a partner's distributive share of
any amount described in clause (i) for purposes
of section 705 of such Code.
(2) Applicability.--Paragraph (1) shall apply to taxable
years ending after the date of enactment of this Act.
(e) System for Award Management.--The Administrator may not require
any eligible entity that applies for an award under this section to use
the System for Award Management (or any successor system) with respect
to that award.
(f) Application Processing.--The Director of the Office of
Management and Budget may, on an emergency basis and in order to
expedite the processing and approval of applications for awards under
this section, waive the requirements of part 200 of title 2, Code of
Federal Regulations (or any successor regulations) with respect to an
award made under this section, if--
(1) the Director finds that such a waiver will prevent
eligible entities from failing or suffering undue hardship; and
(2) each eligible entity that receives an award under this
section is still required to submit to the Administrator
ongoing reports regarding the use by the eligible entity of the
award amounts.
(g) Oversight and Audits.--
(1) In general.--In cooperation with the Director of the
Office of Management and Budget, the Administrator shall
establish an oversight and audit plan with respect to eligible
entities receiving awards under this section, which shall
include--
(A) documentation requirements that are consistent
with the eligibility and other requirements under this
section, including a requirement that an eligible
entity that receives an award under this section
retains records that demonstrate compliance with the
requirements of this section; and
(B) reviews of the use, by eligible entities, of
awards made under this section to ensure compliance
with the requirements of this section, which shall
include--
(i) a review and audit by the Administrator
of awards made under this section; and
(ii) in the case of fraud or other material
noncompliance with respect to an award made
under this section--
(I) a requirement that the
applicable eligible entity repay to the
Administrator the amount of the
misspent funds; or
(II) legal action by the
Administrator to collect the misspent
funds.
(2) Submission of plan.--Not later than 30 days after the
date of the enactment of this Act, the Administrator shall
submit to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of the House
of Representatives the plan required under paragraph (1), which
shall describe--
(A) the policies and procedures of the
Administrator for conducting oversight and audits of
awards made under this section; and
(B) the metrics that the Administrator will use to
determine which awards made under this section will be
audited under that plan.
(3) Reports.--Not later than 60 days after the date of the
enactment of this Act, once every 30 days thereafter until the
date that is 180 days after the date on which all amounts made
available to carry out this section have been fully expended,
and upon request thereafter, the Administrator shall submit to
the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report on the oversight and audit activities
of the Administrator under this subsection, which shall
include--
(A) the total number of awards approved and
disbursed under this section;
(B) the total amount of each award received by each
eligible entity;
(C) the number of active investigations and audits
of awards made under this section;
(D) the number of completed reviews and audits of
awards made under this section, including a description
of any findings of fraud or other material
noncompliance with the requirements of this section;
and
(E) a description of any substantial changes made
to the plan required under paragraph (1).
(h) Rules.--Not later than 90 days after the date of the enactment
of this Act, the Administrator shall issue rules to carry out this
section, without regard to the notice requirements under section 553(b)
of title 5, United States Code.
(i) Authorization of Appropriations.--In addition to amounts
otherwise available, there is appropriated for fiscal year 2022, out of
any money in the Treasury not otherwise appropriated, $13,000,000,000,
for the Hard Hit Industries Award Program established under this
section, to remain available until expended, of which not more than
$380,000,000 shall be for administrative expenses to carry out this
section, of which--
(1) $2,500,000 shall be for the Inspector General of the
Small Business Administration to prevent waste, fraud, and
abuse with respect to funding made available for the Hard Hit
Industries Award Program;
(2) $2,500,000 shall be for the Department of Justice for
investigative and prosecutorial activities related to fraud and
abuse, with respect to funding made available for the Hard Hit
Industries Award Program; and
(3) $2,500,000 shall be for shall be for the Pandemic
Response Accountability Committee with respect to funding made
available for the Hard Hit Industries Award Program.
SEC. 4. FUNDING FOR THE RESTAURANT REVITALIZATION FUND AND THE HARD HIT
INDUSTRIES AWARD PROGRAM.
(a) In General.--Any unobligated covered funds are hereby
transferred to the Administrator of the Small Business Administration
for purposes of carrying out section 5003 of the American Rescue Plan
Act of 2021 (15 U.S.C. 9009c) and the Hard Hit Industries Award Program
established under section 3 of this Act.
(b) Covered Funds Defined.--In this section, the term ``covered
funds''--
(1) means any and all funds recovered, seized, reclaimed,
or otherwise returned to the Federal Government received
pursuant to--
(A) paragraph (36) or (37) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a));
(B) section 7(b)(2) of the Small Business Act (15
U.S.C. 636(b)), with respect to a loan made under such
section in response to COVID-19 during the covered
period (as defined in section 1110(a) of the CARES Act
(15 U.S.C. 9009(a)));
(C) section 1110(e) of the CARES Act (15 U.S.C.
9009(e));
(D) section 331 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act (15 U.S.C.
9009b);
(E) section 324 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act (15 U.S.C.
9009a);
(F) section 5003 of the American Rescue Plan Act of
2021 (15 U.S.C. 9009c);
(G) section 3 of this Act;
(2) includes any funds that as of December 31, 2022, are
unexpended under section 5003 of the American Rescue Plan Act
of 2021 (15 U.S.C. 9009c); and
(3) does not include funds paid by person to the Federal
Government for the purposes of tax obligations, servicing of
loans, or standard payment of fees.
SEC. 5. GRANTS FOR SHUTTERED VENUE OPERATORS.
Section 324(d) of the Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (15 U.S.C. 9009a(d)) is amended by striking
paragraph (1) and inserting the following:
``(1) Timing.--
``(A) Expenses incurred.--Amounts received under a
grant under this section may be used for costs incurred
during the period beginning on March 1, 2020, and
ending on March 11, 2023 (or a later date, as
determined by the Administrator).
``(B) Expenditure.--An eligible person or entity
shall return to the Administrator any amounts received
under a grant under this section that are not expended
on or before April 15, 2023 (or a later date, as
determined by the Administrator), with respect to costs
incurred during the period described in subparagraph
(A).''.
Passed the House of Representatives April 7, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 387
117th CONGRESS
2d Session
H. R. 3807
_______________________________________________________________________
AN ACT
To amend the American Rescue Plan Act of 2021 to increase
appropriations to the Restaurant Revitalization Fund, and for other
purposes.
_______________________________________________________________________
May 25, 2022
Read the second time and placed on the calendar