[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4008 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 344
117th CONGRESS
2d Session
S. 4008
To provide COVID relief for restaurants, gyms, minor league sports
teams, border businesses, live venue service providers, exclave
businesses, and providers of transportation services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 5, 2022
Mr. Cardin (for himself and Mr. Wicker) introduced the following bill;
which was read the first time
April 6, 2022
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To provide COVID relief for restaurants, gyms, minor league sports
teams, border businesses, live venue service providers, exclave
businesses, and providers of transportation services.
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 ``Small Business COVID Relief Act of
2022''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--RESTAURANT REVITALIZATION FUND REPLENISHMENT AND IMPROVEMENTS
Sec. 101. Appropriation.
Sec. 102. Insufficient funding.
Sec. 103. Data transparency and customer service.
Sec. 104. Oversight and audits.
Sec. 105. Requirement of continuing operation.
TITLE II--SUPPORT FOR ADDITIONAL BUSINESSES SUFFERING PANDEMIC-RELATED
REVENUE LOSS
Subtitle A--Support for Gyms and Fitness Facilities
Sec. 211. Definitions.
Sec. 212. Support for gyms and fitness centers.
Sec. 213. Grants from Fund.
Subtitle B--Support for Minor League Sports
Sec. 221. Definitions.
Sec. 222. Save Minor League Sports Fund.
Sec. 223. Save minor league sports grants.
Subtitle C--Support for Border Businesses Affected by Border Closures
Sec. 231. Definitions.
Sec. 232. Border closure recovery grant program.
Sec. 233. Grants from Fund.
Sec. 234. Outreach.
Subtitle D--Support for Live Venue Service and Support Companies
Sec. 241. Definitions.
Sec. 242. Live Venue Service and Support Business Relief Fund.
Sec. 243. Grants from Fund.
Subtitle E--Support for Exclave Community Small Businesses
Sec. 251. Definitions.
Sec. 252. Exclave Community Small Business Relief Fund.
Sec. 253. Grants from Fund.
Subtitle F--Administration and Implementation of Support Programs
Sec. 261 Definition.
Sec. 262. Data transparency and customer service.
Sec. 263. Business identifiers.
Sec. 264. Applications.
Sec. 265. Prohibition on participation in multiple programs.
Sec. 266. Transfer of funds.
Sec. 267. Oversight and audits.
Sec. 268. Administrative funding.
Sec. 269. Gross receipts.
Sec. 270. Rules.
TITLE III--OTHER SBA PROGRAM IMPROVEMENTS
Sec. 301. Shuttered venue operators.
Sec. 302. Treatment of paycheck protection program loan forgiveness of
payroll costs under highway and public
transportation project cost reimbursement
contracts.
TITLE IV--TRANSPORTATION SERVICES
Sec. 401. Additional assistance for eligible providers of
transportation services affected by COVID-
19.
TITLE V--OFFSETS
Sec. 501. Offsetting rescissions.
TITLE VI--BUDGETARY EFFECTS
Sec. 601. Emergency designation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Covered mortgage obligation; covered rent obligation;
covered supplier cost; covered utility payment; covered worker
protection expenditure.--The terms ``covered mortgage
obligation'', ``covered rent obligation'', ``covered supplier
cost'', ``covered utility payment'', and ``covered worker
protection expenditure'' have the meanings given the terms in
section 7A(a) of the Small Business Act (15 U.S.C. 636m(a)).
(3) Exchange; issuer; security.--The terms ``exchange'',
``issuer'', and ``security'' have the meanings given those
terms in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)).
(4) National securities exchange.--The term ``national
securities exchange'' means an exchange that is registered in
accordance with section 6 of the Securities Exchange Act of
1934 (15 U.S.C. 78f).
(5) 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 subsection
(c)(3) of section 2301 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.
(6) 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.
(7) 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.
(8) Tribally-owned concern.--The term ``Tribally-owned
concern'' has the meaning given the term in section 124.3 of
title 13, Code of Federal Regulations, or any successor
regulation.
TITLE I--RESTAURANT REVITALIZATION FUND REPLENISHMENT AND IMPROVEMENTS
SEC. 101. APPROPRIATION.
Section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c) is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``$28,600,000,000'' and
inserting ``$68,600,000,000''; and
(ii) by inserting ``, of which not more
than $250,000,000 shall be for administrative
expenses to carry out this section and of which
$20,000,000 shall be for the Inspector General
of the Small Business Administration for audits
of grants under this section to investigate
fraud and to identify improper payments and
ineligible recipients, and for other necessary
expenses of the Office of the Inspector
General'' before the period at the end; and
(B) 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'';
and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and paragraph
(3)''; and
(B) by striking paragraph (3).
SEC. 102. 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.''.
SEC. 103. DATA TRANSPARENCY AND CUSTOMER SERVICE.
Section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c), as amended by section 102 of this Act, is 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; and
``(3) with respect to an applicant that applies for a grant
under this section and is denied by the Administrator--
``(A) 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; 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;
``(ii) challenge the decision of the
Administrator; and
``(iii) receive a second review of the
application submitted by the applicant.''.
SEC. 104. OVERSIGHT AND AUDITS.
Section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c), as amended by section 103 of this Act, is amended by adding at
the end the following:
``(f) 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, by eligible entities, of
grants made under this section to ensure compliance
with the requirements of this section, which shall
include--
``(i) the review and audit, by the
Administrator, of grants made under this
section; and
``(ii) in the case of fraud or other
material noncompliance with respect to a grant
made under this section--
``(I) a requirement that the
applicable eligible entity repay to the
Administrator the amount of the
misspent funds; or
``(II) the pursuit, by the
Administrator, of legal action to
collect the misspent funds.
``(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;
``(ii) questionable costs identified by the
Administrator; and
``(iii) 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. 105. 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 not
later than 180 days after the date on which the statement is submitted,
the applicable place of business.
TITLE II--SUPPORT FOR ADDITIONAL BUSINESSES SUFFERING PANDEMIC-RELATED
REVENUE LOSS
Subtitle A--Support for Gyms and Fitness Facilities
SEC. 211. DEFINITIONS.
In this subtitle:
(1) Affiliated business.--
(A) In general.--The term ``affiliated business''
means a business in which an eligible entity has an
equity or right to profit distributions of not less
than 50 percent, or in which an eligible entity has the
contractual authority to control the direction of the
business, provided that such affiliation shall be
determined as of any arrangements or agreements in
existence as of February 29, 2020.
(B) Regulations.--For purposes of eligibility for
covered grants--
(i) the provisions applicable to
affiliations under section 121.301 of title 13,
Code of Federal Regulations, or any successor
regulation, are waived for any business concern
operating as a franchise that is assigned a
franchise identifier code by the
Administration; and
(ii) the exceptions to affiliation noted in
section 121.103(b) of title 13, Code of Federal
Regulations, or any successor regulation, shall
apply to an affiliated business.
(2) Covered grant.--The term ``covered grant'' means a
grant under section 213 made to an eligible entity.
(3) Covered period.--The term ``covered period'' means the
period--
(A) beginning on March 1, 2020; and
(B) ending on March 31, 2023, or a date to be
determined by the Administrator that is not later than
2 years after the date of enactment of this Act.
(4) Eligible entity.--The term ``eligible entity''--
(A) means a fitness facility--
(i) that employs not more than 500
employees, determined on a full-time
equivalency basis;
(ii) that--
(I) provides instruction in a
program of in-person physical exercise;
or
(II) offers space for individuals
to take part in the preservation,
maintenance, encouragement, or
development of physical fitness;
(iii) for which the health or fitness
component is not incidental to the overall
function and purpose of the facility; and
(iv) that derives revenue primarily from
membership dues or admission or participation
fees;
(B) may include--
(i) a for-profit entity;
(ii) a nonprofit entity; and
(iii) a Tribally-owned concern; and
(C) does not include--
(i) an entity with pandemic-related revenue
losses that are not greater than 25 percent;
(ii) an entity described in subparagraph
(A) that--
(I) is a State or local government-
operated business;
(II) as of March 1, 2020, owns or
operates (together with any affiliated
business) more than 10 locations,
regardless of whether those locations
do business under the same or multiple
names;
(III) has a pending application for
or has received a grant under--
(aa) section 324 of the
Economic Aid to Hard Hit Small
Businesses, Nonprofits, and
Venues Act (15 U.S.C. 9009a);
or
(bb) section 5003 of the
American Rescue Plan Act of
2021 (15 U.S.C. 9009c); or
(IV) offers golf, hunting, sailing,
shooting, or riding facilities;
(iii) a publicly-traded company;
(iv) an entity that was not in operation
before March 1, 2020; or
(v) an entity that is not in operation on,
and does not intend to reopen on or before the
date that is 180 days after, the date on which
the entity applies for a covered grant.
(5) Fund.--The term ``Fund'' means the Gym and Fitness
Center Recovery Fund established under section 212(a)(1).
(6) Pandemic-related revenue loss.--
(A) In general.--Subject to subparagraph (B), the
term ``pandemic-related revenue loss'' means, with
respect to an eligible entity--
(i) except as provided in clauses (ii) and
(iii), the gross receipts, as established using
such verification documentation as the
Administrator may require, of the eligible
entity during 2020 subtracted from the gross
receipts of the eligible entity in 2019, if
such amount is greater than zero, except that
the Administrator may make adjustments to this
formula as needed for seasonal businesses,
businesses affected by natural disasters, and
to address other circumstances identified by
the Administrator requiring accommodation;
(ii) if the eligible entity was not in
operation for the entirety of 2019--
(I) the difference, if greater than
zero, 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 by 12;
or
(II) an amount based on a formula
determined by the Administrator; and
(iii) if the eligible entity opened during
the period beginning on January 1, 2020 and
ending on February 29, 2020, an amount based on
a formula determined by the Administrator.
(B) Reduction.--
(i) In general.--The pandemic-related
revenue losses for an eligible entity shall be
reduced by--
(I) any amounts 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; and
(II) the amount by which the total
of all remunerative payments made to an
individual, including any annual salary
paid to an employee, in 2020 exceeds
$250,000.
(ii) Administrator authority.--The
Administrator may determine the types of
payments and individuals to which clause
(i)(II) applies.
SEC. 212. SUPPORT FOR GYMS AND FITNESS CENTERS.
(a) Establishment.--
(1) In general.--There is established within the Restaurant
Revitalization Fund established under section 5003 of the
American Rescue Plan Act of 2021 (15 U.S.C. 9009c) a fund to be
known as the Gym and Fitness Center Recovery Fund.
(2) Use of funds.--Subject to section 266, the
Administrator may use amounts in the Fund only for the purposes
described in this subtitle and not for any purpose described in
section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c).
(b) Appropriations.--In addition to amounts otherwise available,
there is appropriated to the Fund for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $2,000,000,000, to
remain available until expended.
SEC. 213. GRANTS FROM FUND.
(a) In General.--Except as provided in subsection (c)(3) of this
section, the Administrator shall make covered grants to eligible
entities in the order in which applications are received by the
Administrator.
(b) Applications.--
(1) Certification.--An eligible entity applying for a
covered grant shall make a good faith certification that--
(A) the uncertainty of current economic conditions
makes necessary the request for the covered grant to
support the ongoing operations of the eligible entity;
(B) the eligible entity does not have a 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); and
(C) contains any other information that the
Administrator may require.
(2) Verification materials.--Subject to section
211(6)(A)(i), the Administrator shall use tax records, and may,
in addition, use other reliable sources such as certified
accounting statements, with respect to an applicant for a
covered grant to determine--
(A) the eligibility of the applicant for that
covered grant; and
(B) the amount of that covered grant to the
applicant.
(3) Acceptance of applications.--Not later than 60 days
after the date of enactment of this Act, the Administrator
shall begin accepting applications for covered grants.
(c) Amount of Grant.--
(1) Aggregate maximum amount.--The aggregate amount of
covered grants made to an eligible entity and any affiliated
businesses of the eligible entity--
(A) shall not exceed $2,000,000; and
(B) shall be limited to $1,000,000 per physical
location of the eligible entity.
(2) Determination of amount of grant.--
(A) In general.--Except as provided in this
subsection, the amount of a covered grant made to an
eligible entity shall be equal to the difference
between--
(i) the pandemic-related revenue loss of
the eligible entity; and
(ii)(I) the amount equal to the product
obtained by multiplying 3 by the average
monthly gross receipts of the eligible entity
in 2019; or
(II) for an eligible entity that did not
have gross receipts in 2019, because the
eligible entity began operating between January
1, 2020 and February 29, 2020 or due to other
factors identified by the Administrator, an
alternative amount based on a formula to be
determined by the Administrator.
(B) Limitation.--An eligible entity may not receive
a covered grant in an amount that is greater than--
(i) the amount equal to the product
obtained by multiplying 6 by the average
monthly gross receipts of the eligible entity
in 2019; or
(ii) if the eligible entity was not in
operation for the entirety of 2019, if the
gross receipts of the eligible entity during
2019 were reduced due to other factors
identified by the Administrator, or if the
eligible entity opened during the period
beginning on January 1, 2020 and ending on
February 29, 2020, an amount determined under a
formula established by the Administrator.
(C) Minimum amount.--The Administrator may
establish a minimum amount of a covered grant in an
amount that is not more than $10,000.
(D) Return to sba.--Any amount of a covered grant
to an eligible entity based on estimated receipts that
is greater than the actual gross receipts of the
eligible entity in 2020 shall be returned to the
Administrator, who may use those returned funds to make
additional covered grants.
(3) Insufficient funding.--
(A) In general.--If the Administrator determines
that the amounts made available to carry out this
subtitle are insufficient to make covered grants to
each eligible entity in the amount provided under
paragraphs (1) and (2), the Administrator shall--
(i) make covered grants with the available
amounts--
(I) such that the amount of the
covered grant that each such eligible
entity would have otherwise received
under those paragraphs is reduced by an
equal percentage;
(II) by establishing a maximum
amount for a covered grant made under
this clause to ensure that smaller
eligible entities still receive covered
grants in the amounts provided under
those paragraphs; or
(III) by providing covered grants
in the amounts provided under those
paragraphs below a certain threshold
(as the Administrator may establish)
and reducing covered grants above that
threshold by an equal percentage; and
(ii) in a manner that complies with clause
(i), make covered grants to each eligible
entity that submits an application for a
covered grant during the 21-day period
beginning on the date on which the
Administrator begins accepting those
applications.
(B) Reserving funds.--Nothing in subparagraph (A)
shall prevent the Administrator from--
(i) reserving funding for applicants that
may be determined to be eligible for a covered
grant upon reconsideration; or
(ii) making partial awards to eligible
entities on a preliminary basis until the
amount of funding required to fund covered
grants to all eligible entities that submit
applications is established, upon the
completion of the reconsideration process.
(d) Use of Funds.--During the covered period, an eligible entity
that receives a covered grant may use amounts received under the
covered grant for the following expenses incurred as a direct result
of, or during, the COVID-19 pandemic:
(1) Payroll costs.
(2) Payments to independent contractors, as reported on
Form 1099-MISC, except that each payment under this paragraph
shall be in an amount that is not more than $100,000.
(3) Scheduled payments of interest or principal on any
covered mortgage obligation (which may not include any
prepayment of principal on a covered mortgage obligation).
(4) Payments on any covered rent obligation and common area
maintenance charges under a lease agreement.
(5) Covered utility payments.
(6) Maintenance expenses.
(7) Covered worker protection expenditures.
(8) Supplies, including protective equipment and cleaning
materials.
(9) Expenses that were within the scope of the normal
business practice of the eligible entity before the covered
period.
(10) Covered supplier costs.
(11) Operational expenses.
(12) Paid sick leave.
(13) Capital expenditures (or expenses required under any
Federal, State, or local law) relating to implementing social
distancing measures.
(14) Any other expenses that the Administrator determines
to be essential to maintaining the eligible entity.
(e) Returning Funds.--If an eligible entity that receives a covered
grant fails to use all of the amounts received under the covered grant
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 Treasury any funds that the
eligible entity did not use for the allowable expenses under subsection
(d).
Subtitle B--Support for Minor League Sports
SEC. 221. DEFINITIONS.
In this subtitle:
(1) Covered grant.--The term ``covered grant'' means a
grant made under section 223 to an eligible entity.
(2) Fund.--The term ``Fund'' means the Save Minor League
Sports Fund established under section 222(a)(1).
(3) Eligible entity.--
(A) In general.--The term ``eligible entity'' means
any minor league sports team that meets the following
requirements:
(i) The minor league sports team was
operating in the ordinary course of business on
February 29, 2020.
(ii) The gross receipts of the minor league
sports team--
(I) in calendar year 2020 or the
fiscal year ending in 2021 was not more
than 50 percent of the gross receipts
of the minor league sports team in
calendar year 2019 or the fiscal year
ending in 2019, respectively; or
(II) in calendar year 2020 or the
fiscal year ending in 2021 was not more
than 50 percent of the gross receipts
of the minor league sports team over
the 3-year period from calendar year
2016 through calendar 2018 or the
fiscal year ending in 2016 through the
fiscal year ending in 2018,
respectively, if the gross receipts of
the minor league sports team was
negatively impacted by a natural
disaster or weather disruption in
calendar year 2019 or the fiscal year
ending in 2019.
(iii) The minor league sports team is open
on, or intends to reopen on or before the date
that is 180 days after, the date on which the
minor league sports team submits the
certification required under section 223(b)(1),
for the primary purpose of conducting sports
games.
(B) Exclusions.--The term ``eligible entity'' does
not include a minor league sports team that--
(i) has a pending application for or 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 (15 U.S.C.
9009c);
(ii) is owned directly or indirectly by a
major league sports league or major league
sports team;
(iii) has an individual owner with--
(I) not less than a 20 percent
share in the team; and
(II) more than a 10 percent
ownership interest in a major league
sports league or major league sports
team;
(iv) is more than 50 percent owned by a
private equity fund; or
(v) is more than 50 percent owned by a
publicly-traded company.
(C) Multiple business entities.--The Administrator
shall treat each eligible entity as an independent,
non-affiliated entity for the purposes of this
subtitle.
(4) Minor league sports team.--The term ``minor league
sports team'' means a professional sports team--
(A) that may be--
(i) a corporation, limited liability
company, partnership, or nonprofit
organization;
(ii) operated as a sole proprietorship; or
(iii) a Tribally-owned concern;
(B) that, as of the date of enactment of this Act--
(i) is located in the United States;
(ii) is not owned directly or indirectly by
an educational institution;
(iii) derives income primarily from the
presence of in-person spectators;
(iv) is not--
(I) a recreational, intramural,
club, or other type of amateur sports
team; or
(II) a training academy open to
athletes under 18 years of age;
(v) does not require players to pay a fee
to participate; and
(vi) either has a formal relationship with
a major league sports team or major league
sports league to develop players to compete in
a major league sports league, or competes in a
sports league from which a major league sports
team or major league sports league scouts for
prospective players; and
(C) comprised of players paid a salary to play in
the games of the team as of--
(i) the date of enactment of this Act; or
(ii) February 29, 2020.
(5) Major league sports league.--The term ``major league
sports league'' means a professional sports league consisting
of teams competing at the highest professional level of a given
sport in the United States, as determined by the Administrator.
(6) Major league sports team.--The term ``major league
sports team'' means a team that competes in a major league
sports league.
(7) Natural disaster or weather disruption.--The term
``natural disaster or weather disruption'' means--
(A) a flooding event, hurricane, earthquake, forest
fire, or other disaster that triggers eligibility for
Federal aid, including disaster assistance from the
Administrator; or
(B) a series of weather-related events that,
individually or collectively, caused more than 20
percent of games to be permanently canceled.
(8) Pandemic-related revenue loss.--
(A) In general.--The term ``pandemic-related
revenue loss'', with respect to an eligible entity, as
established using such verification documentation as
the Administrator may require, means, if such amount is
greater than zero--
(i) except as provided in clauses (ii),
(iii), and (iv), the gross receipts of the
eligible entity during calendar year 2020 or
the fiscal year ending in 2021 subtracted from
the gross receipts of the eligible entity in
calendar year 2019 or the fiscal year ending in
2019, respectively;
(ii) the gross receipts of the eligible
entity during calendar year 2020 or the fiscal
year ending in 2021 subtracted from the average
annual gross receipts of the eligible entity
over the 3-year period from calendar year 2016
through calendar year 2018 or the fiscal year
ending in 2016 through the fiscal year ending
in 2018, respectively, if the gross receipts of
the eligible entity were negatively impacted by
a natural disaster or weather disruption in
calendar year 2019 or the fiscal year ending in
2019;
(iii) 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 calendar
year 2019 or the fiscal year
ending in 2019 by 12; and
(bb) the product obtained
by multiplying the average
monthly gross receipts of the
eligible entity in calendar
year 2020 or the fiscal year
ending in 2021 by 12; or
(II) an amount based on a formula
determined by the Administrator; or
(iv) if the eligible entity opened during
the period beginning on January 1, 2020, and
ending on February 29, 2020--
(I) the expenses described in
section 223(f) that were incurred by
the eligible entity minus any gross
receipts received; or
(II) an amount based on a formula
determined by the Administrator.
(B) Reduction.--For purposes of this paragraph, the
pandemic-related revenue loss for an eligible entity
shall be reduced by any amounts 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.
SEC. 222. SAVE MINOR LEAGUE SPORTS FUND.
(a) Establishment.--
(1) In general.--There is established within the Restaurant
Revitalization Fund established under section 5003 of the
American Rescue Plan Act of 2021 (15 U.S.C. 9009c) a fund to be
known as the Save Minor League Sports Fund.
(2) Use of funds.--Subject to section 266, the
Administrator may use amounts in the Fund only for the purposes
described in this subtitle and not for any purpose described in
section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c).
(b) Appropriations.--
(1) In general.--In addition to amounts otherwise
available, there is appropriated to the Fund for fiscal year
2022, out of any money in the Treasury not otherwise
appropriated, $500,000,000, to remain available until expended.
(c) Use of Funds.--The Administrator shall use amounts in the Fund
to make covered grants.
SEC. 223. SAVE MINOR LEAGUE SPORTS GRANTS.
(a) In General.--Except as provided in subsection (e)(3), the
Administrator shall award covered grants to eligible entities in the
order in which applications are received by the Administrator.
(b) Application.--An eligible entity applying for a covered grant
shall make a good faith certification that--
(1) the uncertainty of current economic conditions makes
necessary the grant request to support the ongoing operations
of the eligible entity;
(2) the eligible entity does not have a pending application
nor has the eligible entity received a grant under--
(A) section 324 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act (15 U.S.C.
9009a); or
(B) section 5003 of the American Rescue Plan Act of
2021 (15 U.S.C. 9009c); and
(3) contains any other information that the Administrator
may require.
(c) Verification Materials.--Subject to section 221(8)(A), the
Administrator shall use tax records, and may, in addition, use other
reliable sources such as certified accounting statements, with respect
to an applicant for a covered grant to determine--
(1) the eligibility of the applicant for that covered
grant; and
(2) the amount of that covered grant to the applicant.
(d) Limitation on Number of Grants.--An eligible entity may receive
only 1 covered grant.
(e) Maximum Amount.--
(1) Aggregate maximum amount.--The amount of a covered
grant made to an eligible entity--
(A) shall not exceed $5,000,000; and
(B) shall be limited to--
(i) 50 percent of the gross receipts of the
eligible entity for calendar year 2019 or the
fiscal year ending in 2019;
(ii) 50 percent of the average annual gross
receipts of the eligible entity over the 3-year
period from calendar year 2016 through calendar
year 2018 or the fiscal year ending in 2016
through the fiscal year ending in 2018, if the
gross receipts of the eligible entity were
negatively impacted by a natural disaster or
weather disruption in calendar year 2019 or the
fiscal year ending in 2019;
(iii) an amount based on a formula
determined by the Administrator if the eligible
entity was not in operation for the entirety of
2019; or
(iv) an amount based on a formula
determined by the Administrator if the eligible
entity opened during the period beginning on
January 1, 2020 and ending on February 29,
2020.
(2) Determination of grant amount.--
(A) In general.--Except as provided in this
subsection, the amount of a covered grant made to an
eligible entity shall be equal to the difference
between--
(i) the pandemic-related revenue loss of
the eligible entity; and
(ii)(I) the amount equal to the product
obtained by multiplying 3 by the average
monthly gross receipts of the eligible entity
in 2019;
(II) for an eligible entity that did not
have gross receipts in 2019, because the
eligible entity began operating between January
1, 2020 and February 29, 2020, or due to other
factors identified by the Administrator, an
alternative amount based on a formula to be
determined by the Administrator; or
(III) for an eligibility that was
negatively impacted by a natural disaster or
weather disruption in calendar year 2019 or the
fiscal year ending in 2019, the amount equal to
the product obtained by multiplying 3 by the
average monthly gross receipts of the eligible
entity over the 3-year period from calendar
year 2016 through calendar year 2018 or the
fiscal year ending in 2016 through the fiscal
year ending in 2018.
(B) Return of grants.--
(i) Gross receipts.--Any amount of a
covered grant made to an eligible entity based
on estimated gross receipts that is greater
than the actual gross receipts of the eligible
entity in 2020 shall be returned to the
Administrator, who may use those returned funds
to make additional covered grants.
(ii) Private equity fund, publicly-traded
company, or major league sports team.--The full
amount of a covered grant made to an eligible
entity shall be returned to the Treasury if,
during the 3-year period following receipt of
the covered grant, the eligible entity--
(I) becomes more than 50 percent
owned by a private equity fund;
(II) becomes or is acquired by a
publicly-traded company; or
(III) becomes more than 50 percent
owned by a major league sports team.
(3) Insufficient funding.--
(A) In general.--If the Administrator determines
that the amounts made available to carry out this
subtitle are insufficient to make covered grants to
each eligible entity in the amount provided under
paragraphs (1) and (2), the Administrator shall--
(i) make covered grants with the available
amounts--
(I) such that the amount of the
covered grant that each such eligible
entity would have otherwise received
under those paragraphs is reduced by an
equal percentage;
(II) by establishing a maximum
amount for a covered grant made under
this clause to ensure that smaller
eligible entities still receive covered
grants in the amounts provided under
those paragraphs; or
(III) by providing covered grants
in the amounts provided under those
paragraphs below a certain threshold
(as the Administrator may establish)
and reducing covered grants above that
threshold by an equal percentage; and
(ii) in a manner that complies with clause
(i), make covered grants to each eligible
entity that submits an application for a
covered grant during the 21-day period
beginning on the date on which the
Administrator begins accepting those
applications.
(B) Reserving funds.--Nothing in subparagraph (A)
shall prevent the Administrator from--
(i) reserving funding for applicants that
may be determined to be eligible for a covered
grant upon reconsideration; or
(ii) making partial awards to eligible
entities on a preliminary basis until the
amount of funding required to fund covered
grants to all eligible entities that submit
applications is established, upon the
completion of the reconsideration process.
(f) Use of Funds.--
(1) Timing.--
(A) Expenses incurred.--Amounts received under a
covered grant may only be used for expenses incurred,
including for reimbursements of expenses already paid
by the eligible entity, during the period beginning on
March 1, 2020, and ending on the date that is 18 months
after the date of enactment of this Act.
(B) Expenditure.--An eligible entity shall return
to the Treasury any amounts received under a covered
grant that are not expended on or before the date that
is 18 months after the date of disbursement of the
covered grant.
(2) Allowable expenses.--An eligible entity may use amounts
received under a covered grant for--
(A) payroll costs, not to exceed a total of
$100,000 in annual compensation for any individual
employee;
(B) payments on any covered rent obligation or
other obligation to a public entity from whom the
primary venue of the eligible entity is leased or
licensed;
(C) any covered utility payment;
(D) payments of interest or principal due on any
covered mortgage obligation;
(E) payments of interest or principal due on any
indebtedness or debt instrument incurred in the
ordinary course of business that is a liability of the
eligible entity and was in place or incurred prior to
March 1, 2020, including any subsequent renewals,
amendments, or extensions of debt instruments in place
as of that date;
(F) covered worker protection expenditures;
(G) payments made to independent contractors, as
reported on Form-1099 MISC, not to exceed a total of
$100,000 in annual compensation for any individual
employee of an independent contractor; and
(H) other ordinary and necessary business expenses,
including--
(i) maintenance expenses;
(ii) administrative costs, including fees
and licensing costs;
(iii) State and local taxes and fees;
(iv) operating leases in effect as of March
1, 2020;
(v) payments required for insurance on any
insurance policy;
(vi) settling existing debts with vendors;
and
(vii) advertising, production,
transportation, and other expenditures relating
to the primary venue of the eligible entity or
events held at such venue, except that a
covered grant may not be used primarily for
such expenditures.
(3) Prohibited expenses.--An eligible entity may not use
amounts received under a covered grant--
(A) to purchase real estate or to make physical
improvements to property unrelated to compliance with
social distancing guidelines;
(B) for payments of interest or principal for loans
originated after March 1, 2020;
(C) to invest or re-lend funds;
(D) for contributions or expenditures to, or on
behalf of, any political party, party committee, or
candidate for elective office; or
(E) for any other use as may be reasonably
prohibited by the Administrator.
Subtitle C--Support for Border Businesses Affected by Border Closures
SEC. 231. DEFINITIONS.
In this subtitle:
(1) Affiliated business.--
(A) In general.--The term ``affiliated business''
means a business in which an eligible entity has an
equity or right to profit distributions of not less
than 50 percent, or in which an eligible entity has the
contractual authority to control the direction of the
business, provided that such affiliation shall be
determined as of any arrangements or agreements in
existence as of February 29, 2020.
(B) Regulations.--For purposes of eligibility for
covered grants--
(i) the provisions applicable to
affiliations under section 121.301 of title 13,
Code of Federal Regulations, or any successor
regulation, are waived for any business concern
operating as a franchise that is assigned a
franchise identifier code by the
Administration; and
(ii) the exceptions to affiliation noted in
section 121.103(b) of title 13, Code of Federal
Regulations, or any successor regulation, shall
apply to an affiliated business.
(2) Border business.--The term ``border business''--
(A) means an entity--
(i) that is a small business concern (as
defined in section 3 of the Small Business Act
(15 U.S.C. 632));
(ii) the principal office of which is
located in the United States;
(iii) that has--
(I) annual average gross receipts
in 2019 in an amount that is not more
than $1,000,000; and
(II) not less than 1 and not more
than 25 employees, determined on a
full-time equivalency basis; and
(iv) that has a physical location within--
(I) an area adjacent to a
designated land port of entry,
including--
(aa) the lands within the
external boundaries of a
designated land port of entry
along the international borders
between the United States and
Mexico or the United States and
Canada;
(bb) the census tract in
which the lands described in
item (aa) are wholly contained;
(cc) a census tract the
boundaries of which intersect
the lands described in item
(aa); and
(dd) a census tract--
(AA) the boundaries
of which are contiguous
to the census tracts
described in item (bb)
or (cc); and
(BB) which is not
more than 50 miles from
the international
border between the
United States and
Mexico or the United
States and Canada; or
(II) a colonia;
(B) may include--
(i) a for-profit entity; and
(ii) a Tribally-owned concern; and
(C) does not include--
(i) an entity with pandemic-related revenue
losses that are not greater than 25 percent;
(ii) an entity described in subparagraph
(A) that is a State or local government-
operated business;
(iii) a publicly traded company;
(iv) an entity that is owned or operated by
a private equity fund;
(v) an entity that was not in operation
before March 1, 2020; or
(vi) an entity that is not in operation on,
and does not intend to reopen on or before the
date that is 180 days after, the date on which
the entity applies for a covered grant.
(3) Colonia.--The term ``colonia'' has the meaning given
the term in section 916(e) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 5306 note).
(4) Covered grant.--The term ``covered grant'' means a
grant under section 233 made to a border business.
(5) Covered period.--The term ``covered period'' means the
period--
(A) beginning on March 1, 2020; and
(B) ending on March 31, 2023, or a date to be
determined by the Administrator that is not later than
2 years after the date of enactment of this Act.
(6) Fund.--The term ``Fund'' means the Border Closure
Recovery Grant Fund established under section 232(a)(1).
(7) Pandemic-related revenue loss.--
(A) In general.--Subject to subparagraph (B), the
term ``pandemic-related revenue loss'' means, with
respect to a border business--
(i) except as provided in clauses (ii) and
(iii), the gross receipts, as established using
such verification documentation as the
Administrator may require, of the border
business during 2020 subtracted from the gross
receipts of the border business in 2019, if
such amount is greater than zero, except that
the Administrator may make adjustments to this
formula as needed for seasonal businesses,
businesses affected by natural disasters, and
to address other circumstances identified by
the Administrator requiring accommodation;
(ii) if the border business was not in
operation for the entirety of 2019--
(I) the difference between, if
greater than zero--
(aa) the product obtained
by multiplying the average
monthly gross receipts of the
border business in 2019 by 12;
and
(bb) the product obtained
by multiplying the average
monthly gross receipts of the
border business in 2020 by 12;
or
(II) an amount based on a formula
determined by the Administrator; and
(iii) if the border business opened during
the period beginning on January 1, 2020, and
ending on February 29, 2020, an amount based on
a formula determined by the Administrator.
(B) Reduction.--
(i) In general.--The pandemic-related
revenue losses for a border business shall be
reduced by--
(I) any amounts 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; and
(II) the amount by which any
remunerative payment made to an
individual, including any salary paid
to an employee, in 2020 exceeds
$250,000.
(ii) Administrator authority.--The
Administrator may determine the types of
payments and individuals to which clause
(i)(II) applies.
SEC. 232. BORDER CLOSURE RECOVERY GRANT PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the Restaurant
Revitalization Fund established under section 5003 of the
American Rescue Plan Act of 2021 (15 U.S.C. 9009c) a fund to be
known as the ``Border Closure Recovery Grant Fund''.
(2) Use of funds.--Subject to section 266, the
Administrator may use amounts in the Fund only for the purposes
described in this subtitle and not for any purpose described in
section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c).
(b) Appropriations.--In addition to amounts otherwise available,
there is appropriated to the Fund for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $1,415,000,000, to
remain available until expended.
SEC. 233. GRANTS FROM FUND.
(a) In General.--Except as provided in subsection (c)(3) and in
accordance with subsection (c)(2)(E), the Administrator shall make
covered grants in the order in which applications are received by the
Administrator.
(b) Applications.--
(1) Certification.--A border business applying for a
covered grant shall make a good faith certification that--
(A) the covered grant is necessary to support the
operations of the border business, which were adversely
affected by the border travel restrictions imposed by
the Federal Government in response to the COVID-19
pandemic;
(B) the border business does not have a 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); and
(C) contains any other information that the
Administrator may require.
(2) Verification materials.--Subject to section
231(7)(A)(i), the Administrator shall use tax records, and may,
in addition, use other reliable sources such as certified
accounting statements, with respect to an applicant for a
covered grant to determine--
(A) the eligibility of the applicant for that
covered grant; and
(B) the amount of that covered grant to the
applicant.
(3) Acceptance of applications.--Not later than 60 days
after the date of enactment of this Act, the Administrator
shall begin accepting applications for covered grants.
(c) Amount of Grant.--
(1) Aggregate maximum amount.--The aggregate amount of
covered grants made to a border business and any affiliated
businesses of the border business shall not exceed $350,000.
(2) Determination of amount of grant.--
(A) In general.--Except as provided in this
subsection, the amount of a covered grant made to a
border business shall be equal to the difference
between--
(i) the pandemic-related revenue loss of
the border business; and
(ii)(I) the amount equal to the product
obtained by multiplying 3 by the average
monthly gross receipts of the border business
in 2019; or
(II) for a border business that did not
have gross receipts in 2019, because the border
business began operating between January 1,
2020 and February 29, 2020 or due to other
factors identified by the Administrator, an
alternative amount based on a formula to be
determined by the Administrator.
(B) Limitation.--A border business may not receive
a covered grant in an amount that is greater than--
(i) the amount equal to the product
obtained by multiplying 6 by the average
monthly gross receipts of the border business
in 2019; or
(ii) if the border business was not in
operation for the entirety of 2019, if the
gross receipts of the border business during
2019 were reduced due to other factors
identified by the Administrator, or if the
border business opened during the period
beginning on January 1, 2020 and ending on
February 29, 2020, an amount determined under a
formula established by the Administrator.
(C) Minimum amount.--The Administrator may
establish a minimum amount of a covered grant in an
amount that is not more than $10,000.
(D) Return to sba.--Any amount of a covered grant
to a border business based on estimated receipts that
is greater than the actual gross receipts of the border
business in 2020 shall be returned to the
Administrator, who may use those returned funds to make
additional covered grants.
(E) Minimum allocation.--The Administrator shall
ensure that--
(i) not less than one-third of amounts made
available to carry out this subtitle is used to
make covered grants to border businesses
located along the international border between
the United States and Mexico, including
colonias; and
(ii) not less than one-third of amounts
made available to carry out this subtitle is
used to make covered grants to border
businesses located along the international
border between the United States and Canada.
(3) Insufficient funding.--
(A) In general.--If the Administrator determines
that the amounts made available to carry out this
subtitle are insufficient to make covered grants to
each border business in the amount provided under
paragraphs (1) and (2), the Administrator shall, in a
manner that maintains the minimum allocation
requirements under paragraph (2)(E)--
(i) make covered grants with the available
amounts--
(I) such that the amount of the
covered grant that each border business
would have otherwise received under
those paragraphs is reduced by an equal
percentage;
(II) by establishing a maximum
amount for a covered grant made under
this clause to ensure that smaller
border businesses still receive covered
grants in the amounts provided under
those paragraphs; or
(III) by providing covered grants
in the amounts provided under those
paragraphs below a certain threshold
(as the Administrator may establish)
and reducing covered grants above that
threshold by an equal percentage; and
(ii) in a manner that complies with clause
(i), make covered grants to each border
business that submits an application for a
covered grant during the 21-day period
beginning on the date on which the
Administrator begins accepting those
applications.
(B) Reserving funds.--Nothing in subparagraph (A)
shall prevent the Administrator from--
(i) reserving funding for applicants that
may be determined to be eligible for a covered
grant upon reconsideration; or
(ii) making partial awards to border
businesses on a preliminary basis until the
amount of funding required to fund covered
grants to all border businesses that submit
applications is established, upon the
completion of the reconsideration process.
(d) Use of Funds.--A border business may use amounts received under
a covered grant for the following expenses incurred during the covered
period as a direct result of, or during, the COVID-19 pandemic,
including logistical expenses associated with border closures:
(1) Payroll costs.
(2) Payments to independent contractors, as reported on
Form 1099-MISC, except that each payment under this paragraph
shall be in an amount that is not more than $100,000.
(3) Scheduled payments of interest or principal on any
covered mortgage obligation (which may not include any
prepayment of principal on a covered mortgage obligation).
(4) Payments on any covered rent obligation and common area
maintenance charges under a lease agreement.
(5) Covered utility payments.
(6) Maintenance expenses.
(7) Covered worker protection expenditures.
(8) Supplies, including protective equipment and cleaning
materials.
(9) Expenses that were within the scope of the normal
business practice of the border business before the covered
period.
(10) Covered supplier costs.
(11) Operational expenses.
(12) Paid sick leave.
(13) Costs associated with resuming or scaling up business
operations after COVID-19 pandemic-related border travel
restrictions have been lifted.
(14) Workforce training or retraining expenses.
(15) Any other expenses that the Administrator determines
to be essential to maintaining the border business.
(e) Returning Funds.--If a border business that receives a covered
grant fails to use all of the amounts received under the covered grant
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 border
business shall return to the Treasury any funds that the border
business did not use for the allowable expenses under subsection (d).
SEC. 234. OUTREACH.
(a) In General.--In carrying out the program under this subtitle,
the Administrator shall make grants to, or enter into contracts or
cooperative agreements with, not fewer than 6 private nonprofit
organizations, resource partners, States, Indian Tribes, or units of
local government, including not fewer than 3 adjacent to the
international border between the United States and Canada and not fewer
than 3 adjacent to the international border between the United States
and Mexico, under the authorities of the Community Navigator pilot
program established under section 5004 of the American Rescue Plan Act
(15 U.S.C. 9013) in order to improve access to assistance programs and
resources made available by Federal, State, Tribal, and local entities
in response to the COVID-19 pandemic, and related border travel
restrictions.
(b) Funding.--The Administrator shall set aside $10,000,000 from
amounts in the Fund to make grants or enter into contracts or
cooperative agreements under subsection (a).
(c) Resource Partners.--In addition to the activities described in
subsection (a), the Administrator shall, in partnership with entities
participating in the Community Navigator pilot program established
under section 5004 of the American Rescue Plan Act (15 U.S.C. 9013),
small business development centers (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)), women's business centers described
in section 29 of that Act (15 U.S.C. 656), Veteran Business Outreach
Centers described in section 32 of that Act (15 U.S.C. 657b), and the
Service Corps of Retired Executives established under section
8(b)(1)(B) of that Act (15 U.S.C. 637(b)(1)(B))--
(1) help make border businesses aware of the availability
of the program under this subtitle and promote engagement with
that program; and
(2) provide technical assistance to applicants, including
instructions on how to participate in the program under this
subtitle, assistance in preparing applications for
participation in that program, and assistance in complying with
any reporting requirements established by the Administrator
with respect to that program.
(d) Language Access.--The Administrator shall ensure that outreach
and technical assistance activities described in this section are made
available to border businesses in the 10 most commonly spoken
languages, other than English, in the States of the United States that
border the international boundary with Mexico or that border the
international boundary with Canada, including in Spanish and in French.
Subtitle D--Support for Live Venue Service and Support Companies
SEC. 241. DEFINITIONS.
In this subtitle:
(1) Affiliated business.--
(A) In general.--The term ``affiliated business''
means a business in which an eligible entity has an
equity or right to profit distributions of not less
than 50 percent, or in which an eligible entity has the
contractual authority to control the direction of the
business, provided that such affiliation shall be
determined as of any arrangements or agreements in
existence as of February 29, 2020.
(B) Regulations.--For purposes of eligibility for
covered grants--
(i) the provisions applicable to
affiliations under section 121.301 of title 13,
Code of Federal Regulations, or any successor
regulation, are waived for any business concern
operating as a franchise that is assigned a
franchise identifier code by the
Administration; and
(ii) the exceptions to affiliation noted in
section 121.103(b) of title 13, Code of Federal
Regulations, or any successor regulation, shall
apply to an affiliated business.
(2) Covered grant.--The term ``covered grant'' means a
grant under section 503 made to an eligible entity.
(3) Covered period.--The term ``covered period'' means the
period--
(A) beginning on March 1, 2020; and
(B) ending on March 31, 2023, or a date to be
determined by the Administrator that is not later than
2 years after the date of enactment of this Act.
(4) Eligible entity.--The term ``eligible entity''--
(A) means an individual or entity--
(i) that is assigned a North American
Industry Classification System code of 532289,
532490, 541410, 541420, 541430, 541490, 561591,
561920, 711190, 711300, or 711320, as appears
on the most recent income tax filing or on the
application for a loan under paragraph (36) or
(37) of section 7(a) of the Small Business Act
(15 U.S.C. 636(a)) of the individual or entity,
if applicable; and
(ii)(I)(aa) that, as the principal business
of the individual or entity, provides stages,
lighting, sound, casts, or other support for
live events; and
(bb) for which not less than 65 percent of
the earned revenue generated through providing
the support described in item (aa) is for live
events organized, promoted, produced, managed,
or hosted by an eligible person or entity
described in section 324(a)(1)(A)(iii) of the
Economic Aid to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (15 U.S.C.
9009a(a)(1)(A)(iii)); or
(II)(aa) as the principal business of the
individual or entity, showcases performers or
pre-packaged productions to potential buyers;
and
(bb) for which not less than 65 percent of
the earned revenue generated through showcasing
performers or pre-packaged productions
described in item (aa) is for live events--
(AA) organized, promoted, produced,
managed, or hosted by an eligible
person or entity described in section
324(a)(1)(A)(iii) of the Economic Aid
to Hard-Hit Small Businesses,
Nonprofits, and Venues Act (15 U.S.C.
9009a(a)(1)(A)(iii)); or
(BB) hosted in a hotel or
convention center facility;
(B) includes an individual or entity described in
subparagraph (A) that--
(i) operates for profit;
(ii) is a Tribally-owned concern; or
(iii) is a corporation, limited liability
company, or partnership or operated as a sole
proprietorship; and
(C) does not include--
(i) an individual or entity described in
subparagraph (A) that--
(I) employs more than 250
employees, determined on a full-time
equivalency basis;
(II) is registered outside of the
United States; or
(III) has pandemic-related revenue
losses that are not greater than 25
percent;
(ii) an entity described in subparagraph
(A) that--
(I) is a State or local government-
operated business;
(II) as of February 29, 2020, owns
or operates (together with any
affiliated business) more than 5
locations, regardless of whether those
locations do business under the same or
multiple names; or
(III) has a pending application
for, or has received, a grant under--
(aa) section 324 of the
Economic Aid to Hard Hit Small
Businesses, Nonprofits, and
Venues Act (15 U.S.C. 9009a);
or
(bb) section 5003 of the
American Rescue Plan Act of
2021 (15 U.S.C. 9009c);
(iii) a publicly-traded company;
(iv) an entity that is owned or operated by
a private equity fund;
(v) an entity that was not in operation
before March 1, 2020; or
(vi) an entity that is not in operation on,
and does not intend to reopen on or before the
date that is 180 days after, the date on which
the entity applies for a covered grant.
(5) Fund.--The term ``Fund'' means the Live Venue Service
and Support Business Relief Fund established under section
242(a)(1).
(6) Pandemic-related revenue loss.--
(A) In general.--Subject to subparagraph (B), the
term ``pandemic-related revenue loss'' means, with
respect to an eligible entity--
(i) except as provided in clauses (ii) and
(iii), the gross receipts, as established using
such verification documentation as the
Administrator may require, of the eligible
entity during 2020 subtracted from the gross
receipts of the eligible entity in 2019, if
such amount is greater than zero, except that
the Administrator may make adjustments to this
formula as needed for seasonal businesses,
businesses affected by natural disasters, and
to address other circumstances identified by
the Administrator requiring accommodation;
(ii) if the eligible entity was not in
operation for the entirety of 2019--
(I) the difference, if greater than
zero, 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 by 12;
or
(II) an amount based on a formula
determined by the Administrator; and
(iii) if the eligible entity opened during
the period beginning on January 1, 2020 and
ending on February 29, 2020, an amount based on
a formula determined by the Administrator.
(B) Reduction.--
(i) In general.--The pandemic-related
revenue losses for an eligible entity shall be
reduced by--
(I) any amounts 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; and
(II) the amount by which the total
of all remunerative payments made to an
individual, including any annual salary
paid to an employee, in 2020 exceeds
$250,000.
(ii) Administrator authority.--The
Administrator may determine the types of
payments and individuals to which clause
(i)(II) applies.
SEC. 242. LIVE VENUE SERVICE AND SUPPORT BUSINESS RELIEF FUND.
(a) Establishment.--
(1) In general.--There is established within the Restaurant
Revitalization Fund established under section 5003 of the
American Rescue Plan Act of 2021 (15 U.S.C. 9009c) a fund to be
known as the Live Venue Service and Support Business Relief
Fund.
(2) Use of funds.--Subject to section 266, the
Administrator may use amounts in the Fund only for the purposes
described in this subtitle and not for any purpose described in
section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c).
(b) Appropriations.--In addition to amounts otherwise available,
there is appropriated to the Fund for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $2,000,000,000, to
remain available until expended.
SEC. 243. GRANTS FROM FUND.
(a) In General.--Except as provided in subsection (c)(3), the
Administrator shall make covered grants to eligible entities in the
order in which applications are received by the Administrator.
(b) Applications.--
(1) Certification.--An eligible entity applying for a
covered grant shall make a good faith certification that--
(A) the uncertainty of current economic conditions
makes necessary the request for the covered grant to
support the ongoing operations of the eligible entity;
(B) the eligible entity does not have a 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); and
(C) contains any other information that the
Administrator may require.
(2) Verification materials.--Subject to section
241(6)(A)(i), the Administrator shall use tax records, and may,
in addition, use other reliable sources such as certified
accounting statements, with respect to an applicant for a
covered grant to determine--
(A) the eligibility of the applicant for that
covered grant; and
(B) the amount of that covered grant to the
applicant.
(3) Acceptance of applications.--Not later than 60 days
after the date of enactment of this Act, the Administrator
shall begin accepting applications for covered grants.
(c) Amount of Grant.--
(1) Aggregate maximum amount.--The aggregate amount of
covered grants made to an eligible entity and any affiliated
businesses of the eligible entity shall not exceed $2,000,000.
(2) Determination of amount of grant.--
(A) In general.--Except as provided in this
subsection, the amount of a covered grant made to an
eligible entity shall be equal to the difference
between--
(i) the pandemic-related revenue loss of
the eligible entity; and
(ii)(I) the amount equal to the product
obtained by multiplying 3 by the average
monthly gross receipts of the eligible entity
in 2019; or
(II) for an eligible entity that did not
have gross receipts in 2019, because the
eligible entity began operating between January
1, 2020 and February 29, 2020 or due to other
factors identified by the Administrator, an
alternative amount based on a formula to be
determined by the Administrator.
(B) Limitation.--An eligible entity may not receive
a covered grant in an amount that is greater than--
(i) the amount equal to the product
obtained by multiplying 6 by the average
monthly gross receipts of the eligible entity
in 2019; or
(ii) if the eligible entity was not in
operation for the entirety of 2019, if the
gross receipts of the eligible entity during
2019 were reduced due to other factors
identified by the Administrator, or if the
eligible entity opened during the period
beginning on January 1, 2020 and ending on
February 29, 2020, an amount determined under a
formula established by the Administrator.
(C) Minimum amount.--The Administrator may
establish a minimum amount of a covered grant in an
amount that is not more than $10,000.
(D) Return to sba.--Any amount of a covered grant
to an eligible entity based on estimated receipts that
is greater than the actual gross receipts of the
eligible entity in 2020 shall be returned to the
Administrator, who may use those returned funds to make
additional covered grants.
(3) Insufficient funding.--
(A) In general.--If the Administrator determines
that the amounts made available to carry out this
subtitle are insufficient to make covered grants to
each eligible entity in the amount provided under
paragraphs (1) and (2), the Administrator shall--
(i) make covered grants with the available
amounts--
(I) such that the amount of the
covered grant that each such eligible
entity would have otherwise received
under those paragraphs is reduced by an
equal percentage;
(II) by establishing a maximum
amount for a covered grant made under
this clause to ensure that smaller
eligible entities still receive covered
grants in the amounts provided under
those paragraphs; or
(III) by providing covered grants
in the amounts provided under those
paragraphs below a certain threshold
(as the Administrator may establish)
and reducing covered grants above that
threshold by an equal percentage; and
(ii) in a manner that complies with clause
(i), make covered grants to each eligible
entity that submits an application for a
covered grant during the 21-day period
beginning on the date on which the
Administrator begins accepting those
applications.
(B) Reserving funds.--Nothing in subparagraph (A)
shall prevent the Administrator from--
(i) reserving funding for applicants that
may be determined to be eligible for a covered
grant upon reconsideration; or
(ii) making partial awards to eligible
entities on a preliminary basis until the
amount of funding required to fund covered
grants to all eligible entities that submit
applications is established, upon the
completion of the reconsideration process.
(d) Use of Funds.--During the covered period, an eligible entity
that receives a covered grant may use amounts received under the
covered grant for the following expenses incurred as a direct result
of, or during, the COVID-19 pandemic:
(1) Payroll costs.
(2) Payments to independent contractors, as reported on
Form 1099-MISC, except that each payment under this paragraph
shall be in an amount that is not more than $100,000.
(3) Scheduled payments of interest or principal on any
covered mortgage obligation (which may not include any
prepayment of principal on a covered mortgage obligation).
(4) Payments on any covered rent obligation and common area
maintenance charges under a lease agreement.
(5) Covered utility payments.
(6) Maintenance expenses.
(7) Covered worker protection expenditures.
(8) Supplies, including protective equipment and cleaning
materials.
(9) Expenses that were within the scope of the normal
business practice of the eligible entity before the covered
period.
(10) Covered supplier costs.
(11) Operational expenses.
(12) Paid sick leave.
(13) Any other expenses that the Administrator determines
to be essential to maintaining the eligible entity.
(e) Returning Funds.--If an eligible entity that receives a covered
grant fails to use all of the amounts received under the covered grant
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 Treasury any funds that the
eligible entity did not use for the allowable expenses under subsection
(d).
Subtitle E--Support for Exclave Community Small Businesses
SEC. 251. DEFINITIONS.
In this subtitle:
(1) Affiliated business.--
(A) In general.--The term ``affiliated business''
means a business in which an eligible entity has an
equity or right to profit distributions of not less
than 50 percent, or in which an eligible entity has the
contractual authority to control the direction of the
business, provided that such affiliation shall be
determined as of any arrangements or agreements in
existence as of February 29, 2020.
(B) Regulations.--For purposes of eligibility for
covered grants--
(i) the provisions applicable to
affiliations under section 121.301 of title 13,
Code of Federal Regulations, or any successor
regulation, are waived for any business concern
operating as a franchise that is assigned a
franchise identifier code by the
Administration; and
(ii) the exceptions to affiliation noted in
section 121.103(b) of title 13, Code of Federal
Regulations, or any successor regulation, shall
apply to an affiliated business.
(2) Covered grant.--The term ``covered grant'' means a
grant under section 253 made to an eligible entity
(3) Covered period.--The term ``covered period'' means the
period--
(A) beginning on March 1, 2020; and
(B) ending on March 31, 2023, or a date to be
determined by the Administrator that is not later than
2 years after the date of enactment of this Act.
(4) Exclave.--The term ``exclave'' means an area that is--
(A) located in the United States;
(B) within 75 miles of the international border
between the United States and Canada; and
(C) only accessible by land via Canada.
(5) Eligible entity.--The term ``eligible entity''--
(A) means a small business concern (as defined in
section 3 of the Small Business Act (15 U.S.C. 632))
that--
(i) is located in an exclave; and
(ii) certifies, and, if requested by the
Administrator, demonstrates, that the closure
of the international border between the United
States and Canada--
(I) directly resulted in a
reduction in the gross receipts of the
eligible entity; or
(II) restricted the ability of
customers to access the location of the
small business concern; and
(B) does not include--
(i) an entity with pandemic-related revenue
losses that are not greater than 25 percent;
(ii) an entity described in subparagraph
(A) that--
(I) is a State or local government-
operated business;
(II) as of March 1, 2020, owns or
operates (together with any affiliated
business) more than 10 locations,
regardless of whether those locations
do business under the same or multiple
names; or
(III) has a pending application for
or has received a grant under--
(aa) section 324 of the
Economic Aid to Hard Hit Small
Businesses, Nonprofits, and
Venues Act (15 U.S.C. 9009a);
or
(bb) section 5003 of the
American Rescue Plan Act of
2021 (15 U.S.C. 9009c);
(iii) a publicly-traded company;
(iv) an entity that is owned or operated by
a private equity fund;
(v) an entity that was not in operation
before March 1, 2020; or
(vi) an entity that is not in operation on,
and does not intend to reopen on or before the
date that is 180 days after, the date on which
the entity applies for a covered grant.
(6) Fund.--The term ``Fund'' means the Exclave Community
Small Business Relief Fund established under section 252(a)(1).
(7) Pandemic-related revenue loss.--
(A) In general.--Subject to subparagraph (B), the
term ``pandemic-related revenue loss'' means, with
respect to an eligible entity--
(i) except as provided in clauses (ii) and
(iii), the gross receipts, as established using
such verification documentation as the
Administrator may require, of the eligible
entity during 2020 subtracted from the gross
receipts of the eligible entity in 2019, if
such amount is greater than zero, except that
the Administrator may make adjustments to this
formula as needed for seasonal businesses,
businesses affected by natural disasters, and
to address other circumstances identified by
the Administrator requiring accommodation;
(ii) if the eligible entity was not in
operation for the entirety of 2019--
(I) the difference, if greater than
zero, 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 by 12;
or
(II) an amount based on a formula
determined by the Administrator; and
(iii) if the eligible entity opened during
the period beginning on January 1, 2020, and
ending on February 29, 2020, an amount based on
a formula determined by the Administrator.
(B) Reduction.--
(i) In general.--The pandemic-related
revenue losses for an eligible entity shall be
reduced by--
(I) any amounts 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; and
(II) the amount by which the total
of all remunerative payments made to an
individual, including any annual salary
paid to an employee, in 2020 exceeds
$250,000.
(ii) Administrator authority.--The
Administrator may determine the types of
payments and individuals to which clause
(i)(II) applies.
SEC. 252. EXCLAVE COMMUNITY SMALL BUSINESS RELIEF FUND.
(a) Establishment.--
(1) In general.--There is established within the Restaurant
Revitalization Fund established under section 5003 of the
American Rescue Plan Act of 2021 (15 U.S.C. 9009c) a fund to be
known as the Exclave Community Small Business Relief Fund.
(2) Use of funds.--Subject to section 266, the
Administrator may use amounts in the Fund only for the purposes
described in this subtitle and not for any purpose described in
section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C.
9009c).
(b) Appropriations.--In addition to amounts otherwise available,
there is appropriated to the Fund for fiscal year 2022, out of any
money in the Treasury not otherwise appropriated, $85,000,000, to
remain available until expended, of which $75,000,000 shall be
available for eligible entities located in exclaves adjacent to the
border between Alaska and Canada and $10,000,000 shall be available to
exclaves adjacent to the border between the continental United States
and Canada.
SEC. 253. GRANTS FROM FUND.
(a) In General.--Except as provided in subsection (c)(3)(B), the
Administrator shall make covered grants to eligible entities in the
order in which applications are received by the Administrator.
(b) Applications.--
(1) Certification.--An eligible entity applying for a
covered grant shall make a good faith certification that--
(A) the uncertainty of current economic conditions
makes necessary the request for the covered grant to
support the ongoing operations of the eligible entity;
(B) closure of the international border between the
United States and Canada--
(i) directly resulted in a reduction in the
gross receipts of the eligible entity; or
(ii) restricted the ability of customers to
access the location of the covered business;
(C) the eligible entity does not have a 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); and
(D) contains any other information that the
Administrator may require.
(2) Verification materials.--Subject to section
251(7)(A)(i), the Administrator shall use tax records, and may,
in addition, use other reliable sources such as certified
accounting statements, with respect to an applicant for a
covered grant to determine--
(A) the eligibility of the applicant for that
covered grant; and
(B) the amount of that covered grant to the
applicant.
(3) Acceptance of applications.--Not later than 60 days
after the date of enactment of this Act, the Administrator
shall begin accepting applications for covered grants.
(c) Amount of Grant.--
(1) Aggregate maximum amount.--The aggregate amount of
covered grants made to an eligible entity and any affiliated
businesses of the eligible entity shall not exceed $3,000,000.
(2) Determination of amount of grant.--
(A) In general.--Except as provided in section
252(b) and in this subsection, the amount of a covered
grant made to an eligible entity shall be equal to the
difference between--
(i) the pandemic-related revenue loss of
the eligible entity; and
(ii)(I) the amount equal to the product
obtained by multiplying 3 by the average
monthly gross receipts of the eligible entity
in 2019; or
(II) for an eligible entity that did not
have gross receipts in 2019, because the
eligible entity began operating between January
1, 2020 and February 29, 2020 or due to other
factors identified by the Administrator, an
alternative amount based on a formula to be
determined by the Administrator.
(B) Minimum amount.--The Administrator may
establish a minimum amount of a covered grant in an
amount that is not more than $10,000.
(C) Return to sba.--Any amount of a covered grant
to an eligible entity based on estimated receipts that
is greater than the actual gross receipts of the
eligible entity in 2020 shall be returned to the
Administrator, who may use those returned funds to make
additional covered grants.
(3) Insufficient funding.--
(A) In general.--If the Administrator determines
that the amounts made available to carry out this
subtitle are insufficient to make covered grants to
each eligible entity in the amount provided under
paragraphs (1) and (2) and in accordance with the
allocations under section 252(b), the Administrator
shall--
(i) make covered grants with the available
amounts--
(I) such that the amount of the
covered grant that each such eligible
entity would have otherwise received
under those paragraphs is reduced by an
equal percentage;
(II) by establishing a maximum
amount for a covered grant made under
this clause to ensure that smaller
eligible entities still receive covered
grants in the amounts provided under
those paragraphs; or
(III) by providing covered grants
in the amounts provided under those
paragraphs below a certain threshold
(as the Administrator may establish)
and reducing covered grants above that
threshold by an equal percentage; and
(ii) in a manner that complies with clause
(i), make covered grants to each eligible
entity that submits an application for a
covered grant during the 21-day period
beginning on the date on which the
Administrator begins accepting those
applications.
(B) Reserving funds.--Nothing in subparagraph (A)
shall prevent the Administrator from--
(i) reserving funding for applicants that
may be determined to be eligible for a covered
grant upon reconsideration; or
(ii) making partial awards to eligible
entities on a preliminary basis until the
amount of funding required to fund covered
grants to all eligible entities that submit
applications is established, upon the
completion of the reconsideration process.
(d) Use of Funds.--
(1) Permitted uses.--During the covered period, an eligible
entity that receives a covered grant may use amounts received
under the covered grant 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 payment
under this subparagraph shall be in an amount that is
not more than $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) Operational expenses.
(L) Paid sick leave.
(M) Any other expenses that the Administrator
determines to be essential to maintaining the eligible
entity.
(2) Prohibited uses.--An eligible entity may not use
amounts received under a covered grant for expenses incurred by
the eligible entity outside the exclave, including those
expenses incurred by related or affiliated businesses located
outside the exclave.
(e) Returning Funds.--If an eligible entity that receives a covered
grant fails to use all of the amounts received under the covered grant
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 Treasury any funds that the
eligible entity did not use for the allowable expenses under subsection
(d).
Subtitle F--Administration and Implementation of Support Programs
SEC. 261 DEFINITION.
In this subtitle, the term ``covered program'' means a program for
which grants are authorized under this title.
SEC. 262. DATA TRANSPARENCY AND CUSTOMER SERVICE.
The Administrator shall--
(1) in carrying out each covered program, maintain regular
communication during the period during which the covered
program is in effect with applicants and their representatives,
including by--
(A) hosting regularly scheduled information
sessions with applicants and their representatives; and
(B) providing opportunities to applicants and their
representatives to submit and receive answers to
questions regarding covered programs;
(2) for each covered program, on a bi-weekly basis until
the amounts made available under this title for the covered
program 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 grants under
each covered program, 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
each covered program--
(i) that are awarded; and
(ii) that are disbursed;
(3) for each covered program, on a weekly basis until the
amounts made available under this title to carry out the
covered program are fully expended, publish, with respect to
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 each entity to which a grant
has been made under the covered program--
(i) the name of the entity, including the
name under which the entity does business if
that name is different from the name of the
entity;
(ii) the address of the entity; and
(iii) if the physical location for the
eligible business listed on the application is
different from the address of the entity, the
address of such physical location; and
(B) the amount of each grant described in
subparagraph (A); and
(4) with respect to an applicant that applies for a grant
under a covered program and is denied by the Administrator--
(A) 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; and
(B) establish a reconsideration process through
which the applicant may--
(i) submit to the Administrator additional
clarifying information the applicant determines
to be relevant to whether the applicant is
eligible for the grant;
(ii) challenge the decision of the
Administrator; and
(iii) receive a second review of the
application submitted by the applicant.
SEC. 263. BUSINESS IDENTIFIERS.
In accepting applications for grants under a covered program, the
Administrator shall prioritize the ability of each applicant to use the
existing business identifier of the applicant over requiring other
forms of registration or identification that may not be common to the
industry of the applicant, which may impose additional burdens on the
applicant.
SEC. 264. APPLICATIONS.
(a) Expedited Processing and Approval Authority.--
(1) In general.--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 grants under a
covered program, waive the requirements of part 200 of title 2,
Code of Federal Regulations, or any successor regulations, with
respect to the covered program if--
(A) the Director finds that such a waiver will
prevent entities eligible for grants under the covered
program from failing or suffering undue hardship; and
(B) each entity that receives a grant under the
covered program is still required to report to the
Administrator on the use by the entity of the amounts
received under the grant.
(2) Continuity.--To the extent practicable, the Director of
the Office of Management and Budget shall prioritize
administrative continuity for covered programs with the
Restaurant Revitalization Fund authorized in section 5003 of
the American Rescue Plan Act of 2021 (15 U.S.C. 9009c).
(b) Limitation on Denial Based on Denial for Other SBA Programs.--
The Administrator may not deny an application by an entity for a grant
under a covered program solely on the basis that an application by the
entity for another program of the Small Business Administration,
including the program under section 5003 of the American Rescue Plan
Act of 2021 (15 U.S.C. 9009c), was denied.
SEC. 265. PROHIBITION ON PARTICIPATION IN MULTIPLE PROGRAMS.
(a) In General.--An entity may not receive a grant under more than
1 covered program or receive a grant under a covered program and a
grant under title IV.
(b) Withdrawal of Pending Applications.--
(1) Definition.--In this subsection, the term ``covered
application'' means an application for a grant under--
(A) a covered program;
(B) the program under section 5003 of the American
Rescue Plan Act of 2021 (15 U.S.C. 9009c); or
(C) the program under section 324 of the Economic
Aid to Hard Hit Small Businesses, Nonprofits, and
Venues Act (15 U.S.C. 9009a).
(2) Withdrawal.--An entity that has a pending covered
application may submit a covered application with respect to
another program if, at or before the time that the entity
submits the covered application with respect to another
program, the entity withdraws the pending covered application.
SEC. 266. TRANSFER OF FUNDS.
(a) Authority.--
(1) In general.--Subject to paragraph (2), on and after the
date that is 30 days after the date on which the Administrator
begins accepting applications under a covered program, the
Administrator may transfer amounts made available under this
title for that covered program to the fund established under
this title for another covered program.
(2) Limitation.--The Administrator may not transfer amounts
made available under this title for a covered program if the
Administrator determines that the amounts made available to
carry out that covered program are insufficient to make grants
to each eligible entity in the amount specified with respect to
that covered program.
(b) Use of Transferred Funds.--Any amounts transferred under
subsection (a) shall be merged with, and available for the same
purposes as, other amounts in the fund to which the amounts are
transferred.
SEC. 267. OVERSIGHT AND AUDITS.
(a) In General.--The Administrator shall institute an oversight and
audit plan with respect to entities receiving grants under a covered
program, which shall include--
(1) documentation requirements that are consistent with the
eligibility and other requirements under the applicable covered
program, including by requiring an entity that receives a grant
under the covered program to retain records that demonstrate
compliance with those requirements; and
(2) reviews of the use by entities of grants made under the
applicable covered program to ensure compliance with the
requirements under that covered program, which shall include--
(A) the review and audit, by the Administrator, of
grants made under that covered program; and
(B) in the case of fraud or other material
noncompliance with respect to a grant made under that
covered program--
(i) a requirement that the applicable
entity repay to the Administrator the amount of
the misspent funds; or
(ii) the pursuit, by the Administrator, of
legal action to collect the misspent funds.
(b) Submission of Plan.--Not later than 45 days after the date of
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 subsection (a), which shall describe--
(1) the policies and procedures of the Administrator for
conducting oversight and audits of grants made under the
covered programs; and
(2) the metrics that the Administrator will use to
determine which grants made under a covered program will be
audited under that plan.
(c) Reports.--Not later than 60 days after the date of 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 covered
programs 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 section, which shall
include--
(1) the total number of grants approved and disbursed under
each covered program;
(2) the total amount of each grant under each covered
program received by each entity that received such a payment;
(3) the number of active investigations and audits of
grants made under each covered program;
(4) the number of completed reviews and audits of grants
made under each covered program, including a description of--
(A) any findings of fraud or other material
noncompliance with the requirements of the applicable
covered program;
(B) questionable costs identified by the
Administrator; and
(C) the total amount recouped from ineligible
recipients; and
(5) a description of any substantial changes made to the
plan required under subsection (a).
SEC. 268. ADMINISTRATIVE FUNDING.
In addition to amounts otherwise available, there is appropriated
to the Administrator for fiscal year 2022, out of any money in the
Treasury not otherwise appropriated, to remain available until
expended, $150,000,000 for administrative expenses to carry out the
covered programs, of which, $20,000,000 shall be for the Inspector
General of the Small Business Administration for necessary expenses of
the Office of Inspector General.
SEC. 269. GROSS RECEIPTS.
For each covered program, the Administrator may authorize
applicants for grants under the covered program to measure annual gross
receipts using either the calendar year or fiscal year.
SEC. 270. RULES.
Not later than 60 days after the date of enactment of this Act, the
Administrator shall issue rules to carry out each covered program,
without regard to the notice requirements under section 553(b) of title
5, United States Code.
TITLE III--OTHER SBA PROGRAM IMPROVEMENTS
SEC. 301. SHUTTERED VENUE OPERATORS.
(a) In General.--Section 324(d) of title III of division N of the
Consolidated Appropriations Act, 2021 (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.
``(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, with respect to costs
incurred during the period described in subparagraph
(A).''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to grants made under section 324 of title III of division N of
the Consolidated Appropriations Act, 2021 (15 U.S.C. 9009a) before, on,
or after the date of enactment of this Act.
SEC. 302. TREATMENT OF PAYCHECK PROTECTION PROGRAM LOAN FORGIVENESS OF
PAYROLL COSTS UNDER HIGHWAY AND PUBLIC TRANSPORTATION
PROJECT COST REIMBURSEMENT CONTRACTS.
(a) In General.--Notwithstanding section 31.201-5 of title 48, Code
of Federal Regulations (or successor regulations), for the purposes of
any cost-reimbursement contract awarded in accordance with section 112
of title 23, United States Code, or section 5325 of title 49, United
States Code, or any subcontract under such a contract, no cost
reduction or cash refund (including through a reduced indirect cost
rate) shall be due to the Department of Transportation or to a State
transportation department, transit agency, or other recipient of
assistance under chapter 1 of title 23, United States Code, or chapter
53 of title 49, United States Code, on the basis of forgiveness of the
payroll costs of a covered loan (as those terms are defined in section
7A(a) of the Small Business Act (15 U.S.C. 636m(a))) issued under the
paycheck protection program under section 7(a)(36) of that Act (15
U.S.C. 636(a)(36)).
(b) Rule of Construction.--Nothing in this section shall be
construed to amend or exempt the prohibitions and liability under
section 3729 of title 31, United States Code, (relating to false
claims).
(c) Termination.--This section shall cease to have force or effect
on June 30, 2025.
TITLE IV--TRANSPORTATION SERVICES
SEC. 401. ADDITIONAL ASSISTANCE FOR ELIGIBLE PROVIDERS OF
TRANSPORTATION SERVICES AFFECTED BY COVID-19.
(a) Definitions.--In this section:
(1) CERTS act.--The term ``CERTS Act'' means subtitle B of
title IV of division N of the Consolidated Appropriations Act,
2021 (Public Law 116-260).
(2) Provider of transportation services.--The term
``provider of transportation services'' has the meaning given
the term in section 421(a) of the CERTS Act.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Appropriation.--In addition to amounts otherwise made
available, there is appropriated for fiscal year 2022, out of any money
in the Treasury not otherwise appropriated, $2,000,000,000, to remain
available until expended, to provide additional funding for grants
under the CERTS Act.
(c) Payments.--
(1) Eligible entities.--The Secretary shall provide the
funds made available by subsection (b) to providers of
transportation services that--
(A) as of the date of enactment of this Act--
(i) have been determined to be eligible
under the CERTS Act; and
(ii) are in compliance with the applicable
terms and conditions of the CERTS Act; or
(B) on or after the date of enactment of this Act,
are determined to be eligible under the terms and
conditions described in subparagraph (A)(ii).
(2) Calculation.--A payment provided under this subsection
shall be calculated using the same methodology as is used for
the distribution of funds under the CERTS Act.
(3) Return of unused amounts.--A provider of transportation
services shall return to the Secretary any funds provided under
this subsection that are not used by the provider of
transportation services by the date that is 1 year after the
date of receipt of the funds.
(d) Administration.--
(1) In general.--The Secretary shall have the authorities
provided by the CERTS Act with respect to the funds made
available by subsection (b).
(2) Administrative expenses.--Of the funds made available
by subsection (b), not more than $50,000,000 may be used by the
Secretary for the costs of administering this section and the
CERTS Act.
TITLE V--OFFSETS
SEC. 501. OFFSETTING RESCISSIONS.
(a) In General.--Of the unobligated balances from amounts made
available under the heading ``Small Business Administration--Business
Loans Program Account, CARES Act'' in section 323(d)(1)(A) of division
N of the Consolidated Appropriations Act, 2021 (Public Law 116-260; 134
Stat. 2019) for the cost of guaranteed loans as authorized under
paragraphs (36) and (37) of section 7(a) of the Small Business Act (15
U.S.C. 636(a)), $2,982,000,000 are hereby permanently rescinded.
(b) CARES Act.--Of the unexpended balances remaining from amounts
made available under the heading ``Small Business Administration--
Business Loans Program Account, CARES Act'' in section 1107(a)(1) of
the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C.
9006(a)(1)) $1,904,000,000 shall be returned to the Treasury.
TITLE VI--BUDGETARY EFFECTS
SEC. 601. EMERGENCY DESIGNATION.
(a) In General.--The amounts provided under the this Act and the
amendments made by this Act are designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(b) House and Senate.--This Act and the amendments made by this Act
are designated as an emergency requirement pursuant to subsections (a)
and (b) of section 4001 of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
Calendar No. 344
117th CONGRESS
2d Session
S. 4008
_______________________________________________________________________
A BILL
To provide COVID relief for restaurants, gyms, minor league sports
teams, border businesses, live venue service providers, exclave
businesses, and providers of transportation services.
_______________________________________________________________________
April 6, 2022
Read the second time and placed on the calendar