II 

116TH CONGRESS 

2D SESSION S. 4012 

To establish a $120,000,000,000 Restaurant Revitalization Fund to provide 

structured relief to food service or drinking establishments through December 31, 2020, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2020 

Mr. WICKER (for himself, Ms. SINEMA, Mr. GRAHAM, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To establish a $120,000,000,000 Restaurant Revitalization 

Fund to provide structured relief to food service or drinking establishments through December 31, 2020, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Real Economic Sup5 port That Acknowledges Unique Restaurant Assistance 

6 Needed To Survive Act of 2020’’ or the ‘‘RES7 TAURANTS Act of 2020’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AFFILIATED BUSINESS.—The term ‘‘affili4 ated business’’ means a business in which an eligible 

5 entity has an equity or right to profit distributions 

6 of not less than 50 percent, or in which an eligible 

7 entity has the contractual authority to control the 

8 direction of the business, provided that such affili9 ation shall be determined as of any arrangements or 

10 agreements in existence as of March 13, 2020. 

11 (2) COVERED PERIOD.—The term ‘‘covered pe12 riod’’ means the period beginning on February 15, 

13 2020, and ending on December 31, 2020. 

14 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’— 

16 (A) means a restaurant, food stand, food 

17 truck, food cart, caterer, saloon, inn, tavern, 

18 bar, lounge, or other similar place of business 

19 in which the public or patrons assemble for the 

20 primary purpose of being served food or drink; 

21 (B) includes an entity described in sub22 paragraph (A) that is located in an airport ter23 minal; and 

24 (C) does not include an entity described in 

25 subparagraph (A) that— 


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1 (i) is part of a State or local govern2 ment facility; or 

3 (ii) as of March 13, 2020, owns or op4 erates (together with any affiliated busi5 ness) more than 20 locations, regardless of 

6 whether those locations do business under 

7 the same or multiple names. 

8 (4) FUND.—The term ‘‘Fund’’ means the Res9 taurant Revitalization Fund established under sec10 tion 3. 

11 (5) PAYROLL COSTS.—The term ‘‘payroll costs’’ 

12 has the meaning given the term in section 

13 7(a)(36)(A) of the Small Business Act (15 U.S.C. 

14 636(a)(36)(A)). 

15 (6) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Treasury. 

17 SEC. 3. RESTAURANT REVITALIZATION FUND. 

18 (a) IN GENERAL.—There is established in the Treas19 ury of the United States a fund to be known as the Res20 taurant Revitalization Fund. 

21 (b) APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is appropriated to the 

23 Fund, out of amounts in the Treasury not otherwise 

24 appropriated, $120,000,000,000, to remain available 

25 until December 31, 2020. 


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1 (2) REMAINDER TO TREASURY.—Any amounts 

2 remaining in the Fund after December 31, 2020, 

3 shall be deposited in the general fund of the Treas4 ury. 

5 (c) USE OF FUNDS.—The Secretary shall use 

6 amounts in the Fund to make grants described in section 

7 4. 

8 SEC. 4. RESTAURANT REVITALIZATION GRANTS. 

9 (a) IN GENERAL.—The Secretary shall award grants 

10 to eligible entities in the order in which applications are 

11 received by the Secretary. 

12 (b) REGISTRATION.—The Secretary shall register 

13 each grant awarded under this section using the employer 

14 identification number of the eligible entity. 

15 (c) APPLICATION.— 

16 (1) IN GENERAL.—An eligible entity desiring a 

17 grant under this section shall submit to the Sec18 retary an application at such time, in such manner, 

19 and containing such information as the Secretary 

20 may require. 

21 (2) CERTIFICATION.—An eligible entity apply22 ing for a grant under this section shall make a good 

23 faith certification— 

24 (A) that the uncertainty of current eco25 nomic conditions makes necessary the grant reVerDate Sep 11 2014 02:06 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4012.IS S4012

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1 quest to support the ongoing operations of the 

2 eligible entity; 

3 (B) acknowledging that funds will be used 

4 to retain workers and maintain payroll or for 

5 other allowable expenses described in subsection 

6 (e); 

7 (C) that the eligible entity does not have 

8 an application pending for a grant under sub9 section (a)(36) or (b)(2) of section 7 of the 

10 Small Business Act (15 U.S.C. 636) for the 

11 same purpose and duplicative of amounts ap12 plied for or received under this section; and 

13 (D) that, during the covered period, the el14 igible entity has not received amounts under 

15 subsection (a)(36) or (b)(2) of section 7 of the 

16 Small Business Act (15 U.S.C. 636) for the 

17 same purpose and duplicative of amounts ap18 plied for or received under this section. 

19 (3) HOLD HARMLESS.—An eligible entity apply20 ing for a grant under this section shall not be ineli21 gible for a grant if the eligible entity is able to docu22 ment— 

23 (A) an inability to rehire individuals who 

24 were employees of the eligible entity on Feb25 ruary 15, 2020; and 


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1 (B) an inability to hire similarly qualified 

2 employees for unfilled positions on or before 

3 December 31, 2020. 

4 (d) PRIORITY IN AWARDING GRANTS.—During the 

5 initial 14-day period in which the Secretary awards grants 

6 under this section, the Secretary shall— 

7 (1) prioritize awarding grants to marginalized 

8 and underrepresented communities, with a focus on 

9 women, veteran, and minority-owned and operated 

10 eligible entities; and 

11 (2) only award grants to eligible entities with 

12 annual revenues of less than $1,500,000. 

13 (e) GRANT AMOUNT.— 

14 (1) AGGREGATE MAXIMUM AMOUNT.—The ag15 gregate amount of grants made to an eligible entity 

16 and any affiliate businesses of the eligible entity 

17 under this section shall not exceed $10,000,000. 

18 (2) DETERMINATION OF GRANT AMOUNT.— 

19 (A) IN GENERAL.—The amount of a grant 

20 made to an eligible entity under this section 

21 shall be based on the difference in revenues or 

22 estimated revenues of the eligible entity during 

23 a calendar quarter in 2020 selected by the eligi24 ble entity as compared to 95 percent of the revVerDate Sep 11 2014 02:06 Jul 07, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4012.IS S4012

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1 enues of the eligible entity in the same calendar 

2 quarter in 2019. 

3 (B) VERIFICATION.—An eligible entity 

4 shall submit to the Secretary such revenue 

5 verification documentation as the Secretary 

6 may require to determine the amount of a grant 

7 under subparagraph (A). 

8 (C) REPAYMENT.—Any amount of a grant 

9 made under this section to an eligible entity 

10 based on estimated revenues in a calendar quar11 ter in 2020 that is above the actual revenues of 

12 the eligible entity during that calendar quarter 

13 shall be converted to a loan that has— 

14 (i) an interest rate of 1 percent; and 

15 (ii) a maturity date of 10 years begin16 ning on January 1, 2021. 

17 (3) NO DUPLICATION OF BENEFITS.—An eligi18 ble entity that received a loan under section 7(a)(36) 

19 of the Small Business Act (15 U.S.C. 636(a)(36)) 

20 may not apply for or use grant amounts under this 

21 section for the same expenses for which the eligible 

22 entity received the loan. 

23 (4) LIMITATION.—An eligible entity may not re24 ceive more than 1 grant under this section. 

25 (f) USE OF FUNDS.— 


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1 (1) IN GENERAL.—During the covered period, 

2 an eligible entity that receives a grant under this 

3 section may use the grant funds for the following ex4 penses incurred as a direct result of the COVID–19 

5 pandemic: 

6 (A) Payroll costs. 

7 (B) Payments of principal or interest on 

8 any mortgage obligation. 

9 (C) Rent payments, including rent under a 

10 lease agreement. 

11 (D) Utilities. 

12 (E) Maintenance expenses, including— 

13 (i) construction to accommodate out14 door seating; and 

15 (ii) walls, floors, deck surfaces, fur16 niture, fixtures, and equipment. 

17 (F) Supplies, including protective equip18 ment and cleaning materials, as required by ap19 plicable public health departments. 

20 (G) Food and beverage expenses that are 

21 within the scope of the normal business practice 

22 of the eligible entity before the covered period. 

23 (H) Debt obligations to suppliers that were 

24 incurred before the covered period. 


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1 (I) Any other expenses that the Secretary 

2 determines to be essential to maintaining the el3 igible entity. 

4 (2) RETURNING FUNDS.—If an eligible entity 

5 that receives a grant under this section permanently 

6 ceases operations on or before December 31, 2020, 

7 the eligible entity shall return to the Treasury any 

8 funds that the eligible entity did not use for the al9 lowable expenses under paragraph (1). 

10 (3) CONVERSION TO LOAN.—Any grant 

11 amounts received by an eligible entity under this sec12 tion that are unused after December 31, 2020, shall 

13 be immediately converted to a loan with— 

14 (A) an interest rate of 1 percent; and 

15 (B) a maturity date of 10 years. 

16 (g) TAXABILITY.—For purposes of the Internal Rev17 enue Code of 1986— 

18 (1) the amount of a grant awarded to an eligi19 ble entity under this section shall be excluded from 

20 the gross income of the eligible entity; 

21 (2) no deduction shall be denied or reduced, no 

22 tax attribute shall be reduced, and no basis increase 

23 shall be denied, by reason of the exclusion from 

24 gross income provided by subsection; and 


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1 (3) an eligible entity that receives a grant under 

2 this section shall not be eligible for the credit de3 scribed in section 2301 of the CARES Act (Public 

4 Law 116–136). 

5 (h) REGULATIONS.—Not later than 15 days after the 

6 date of enactment of this Act, the Secretary shall issue 

7 regulations to carry out this section without regard to the 

8 notice and comment requirements under section 553 of 

9 title 5, United States Code. 

10 (i) APPROPRIATIONS FOR STAFFING AND ADMINIS11 TRATIVE EXPENSES.— 

12 (1) IN GENERAL.—There is appropriated to the 

13 Secretary, out of amounts in the Treasury not other14 wise appropriated, $200,000,000, to remain avail15 able until December 31, 2020, for staffing and ad16 ministrative expenses related to administering grants 

17 awarded under this section. 

18 (2) SET ASIDE.—Of amounts appropriated 

19 under paragraph (1), $60,000,000 shall be allocated 

20 for outreach to traditionally marginalized and under21 represented communities, with a focus on women, 

22 veteran, and minority-owned and operated eligible 

23 entities, including the creation of a resource center 

24 targeted toward these communities. 


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1 SEC. 5. EMERGENCY DESIGNATION. 

2 (a) IN GENERAL.—The amounts provided by this Act 

3 are designated as an emergency requirement pursuant to 

4 section 4(g) of the Statutory Pay-As-You-Go Act of 2010 

5 (2 U.S.C. 933(g)). 

6 (b) DESIGNATION IN SENATE.—In the Senate, this 

7 Act is designated as an emergency requirement pursuant 

8 to section 4112(a) of H. Con. Res. 71 (115th Congress), 

9 the concurrent resolution on the budget for fiscal year 

10 2018. 

Æ 


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