II 

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. 

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 ‘‘Small Business 

5 COVID Relief Act of 2022’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 


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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. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Small Busi5 ness Administration. 

6 (2) COVERED MORTGAGE OBLIGATION; COV7 ERED RENT OBLIGATION; COVERED SUPPLIER COST; 

8 COVERED UTILITY PAYMENT; COVERED WORKER

9 PROTECTION EXPENDITURE.—The terms ‘‘covered 

10 mortgage obligation’’, ‘‘covered rent obligation’’, 

11 ‘‘covered supplier cost’’, ‘‘covered utility payment’’, 

12 and ‘‘covered worker protection expenditure’’ have 

13 the meanings given the terms in section 7A(a) of the 

14 Small Business Act (15 U.S.C. 636m(a)). 


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1 (3) EXCHANGE; ISSUER; SECURITY.—The terms 

2 ‘‘exchange’’, ‘‘issuer’’, and ‘‘security’’ have the 

3 meanings given those terms in section 3(a) of the 

4 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 

5 (4) NATIONAL SECURITIES EXCHANGE.—The 

6 term ‘‘national securities exchange’’ means an ex7 change that is registered in accordance with section 

8 6 of the Securities Exchange Act of 1934 (15 U.S.C. 

9 78f). 

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

11 has the meaning given the term in section 

12 7(a)(36)(A) of the Small Business Act (15 U.S.C. 

13 636(a)(36)(A)), except that such term shall not in14 clude— 

15 (A) qualified wages (as defined in sub16 section (c)(3) of section 2301 of the CARES 

17 Act (26 U.S.C. 3111 note)) taken into account 

18 in determining the credit allowed under such 

19 section 2301; or 

20 (B) premiums taken into account in deter21 mining the credit allowed under section 6432 of 

22 the Internal Revenue Code of 1986. 

23 (6) PRIVATE EQUITY FUND.—The term ‘‘pri24 vate equity fund’’ has the meaning given the term 


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1 in section 225.173(a) of title 12, Code of Federal 

2 Regulations, or any successor regulation. 

3 (7) PUBLICLY-TRADED COMPANY.—The term 

4 ‘‘publicly-traded company’’ means an entity that is 

5 majority owned or controlled by an entity that is an 

6 issuer, the securities of which are listed on a na7 tional securities exchange. 

8 (8) TRIBALLY-OWNED CONCERN.—The term 

9 ‘‘Tribally-owned concern’’ has the meaning given the 

10 term in section 124.3 of title 13, Code of Federal 

11 Regulations, or any successor regulation. 

12 TITLE I—RESTAURANT REVITAL13 IZATION FUND REPLENISH14 MENT AND IMPROVEMENTS 

15 SEC. 101. APPROPRIATION. 

16 Section 5003 of the American Rescue Plan Act of 

17 2021 (15 U.S.C. 9009c) is amended— 

18 (1) in subsection (b)(2)— 

19 (A) in subparagraph (A)— 

20 (i) by striking ‘‘$28,600,000,000’’ and 

21 inserting ‘‘$68,600,000,000’’; and 

22 (ii) by inserting ‘‘, of which not more 

23 than $250,000,000 shall be for administra24 tive expenses to carry out this section and 

25 of which $20,000,000 shall be for the InVerDate Sep 11 2014 01:30 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4008.PCS S4008

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1 spector General of the Small Business Ad2 ministration for audits of grants under this 

3 section to investigate fraud and to identify 

4 improper payments and ineligible recipi5 ents, and for other necessary expenses of 

6 the Office of the Inspector General’’ before 

7 the period at the end; and 

8 (B) in subparagraph (B)(i)(II), by striking 

9 ‘‘$23,600,000,000’’ and inserting ‘‘any remain10 ing amounts not used for a purpose authorized 

11 under subparagraph (A) or clause (i) of this 

12 subparagraph’’; and 

13 (2) in subsection (c)— 

14 (A) in paragraph (1), by striking ‘‘and 

15 paragraph (3)’’; and 

16 (B) by striking paragraph (3). 

17 SEC. 102. INSUFFICIENT FUNDING. 

18 Section 5003 of the American Rescue Plan Act of 

19 2021 (15 U.S.C. 9009c) is amended by adding at the end 

20 the following: 

21 ‘‘(d) INSUFFICIENT FUNDING.— 

22 ‘‘(1) IN GENERAL.—If the Administrator deter23 mines that the amounts made available to carry out 

24 this section are insufficient to make grants in the 

25 amount provided in subsection (c)(4) to each eligible 


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1 entity that has submitted an application in accord2 ance with the program guidelines in effect on the 

3 day before the date of enactment of this subsection, 

4 but has not received an award as of such date, the 

5 Administrator shall make grants with the available 

6 amounts to each such eligible applicant— 

7 ‘‘(A) such that the amount of the grant 

8 that each such eligible entity would have other9 wise received under this section is reduced by 

10 an equal percentage; 

11 ‘‘(B) by establishing a maximum amount 

12 for a grant made under this subsection to en13 sure that smaller eligible entities still receive 

14 grants in the amounts provided under sub15 section (c)(4); or 

16 ‘‘(C) by providing full awards in the 

17 amounts provided under subsection (c)(4) below 

18 a certain threshold (as the Administrator may 

19 establish) and reducing grants above that 

20 threshold by an equal percentage. 

21 ‘‘(2) RESERVING FUNDS.—Nothing in para22 graph (1) shall prevent the Administrator from— 

23 ‘‘(A) reserving funding for applicants that 

24 may be determined to be eligible for a grant 

25 under this section upon reconsideration; or 


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1 ‘‘(B) making partial awards to eligible en2 tities on a preliminary basis until the amount of 

3 funding required to fund grants to all eligible 

4 applicants is established, upon the completion 

5 of the reconsideration process.’’. 

6 SEC. 103. DATA TRANSPARENCY AND CUSTOMER SERVICE. 

7 Section 5003 of the American Rescue Plan Act of 

8 2021 (15 U.S.C. 9009c), as amended by section 102 of 

9 this Act, is amended by adding at the end the following: 

10 ‘‘(e) REPORTS.—The Administrator shall— 

11 ‘‘(1) on a biweekly basis until the amounts 

12 made available to carry out this section are fully ex13 pended, publish data that shows, for the period be14 ginning on the date on which the Administrator 

15 began making grants under this section and ending 

16 on the date on which the information is published— 

17 ‘‘(A) with respect to applications for grants 

18 under this section, the number of those applica19 tions— 

20 ‘‘(i) that the Administrator has re21 ceived; 

22 ‘‘(ii) that the Administrator has re23 viewed or is in the process of reviewing; 

24 and 


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1 ‘‘(iii) with respect to which the Ad2 ministrator has made a decision; and 

3 ‘‘(B) the number and dollar amount of 

4 grants under this section— 

5 ‘‘(i) that have been awarded; and 

6 ‘‘(ii) that have been disbursed; 

7 ‘‘(2) on a weekly basis until the amounts made 

8 available to carry out this section are fully expended, 

9 publish, with respect to the period beginning on the 

10 date of enactment of this subsection and ending on 

11 the date on which the information is published— 

12 ‘‘(A) with respect to each eligible entity to 

13 which a grant is made under this section— 

14 ‘‘(i) the name of the eligible entity, in15 cluding the name or names under which 

16 the eligible entity does business if that 

17 name is different from the name of the eli18 gible entity; and 

19 ‘‘(ii) the address of— 

20 ‘‘(I) the eligible entity; and 

21 ‘‘(II) the physical location or lo22 cations for the eligible entity listed on 

23 the application, if different from the 

24 address of the eligible entity; 


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1 ‘‘(B) the amount of each grant described 

2 in subparagraph (A); and 

3 ‘‘(C) the business category listed in sub4 section (a)(4)(A) to which the eligible entity be5 longs; and 

6 ‘‘(3) with respect to an applicant that applies 

7 for a grant under this section and is denied by the 

8 Administrator— 

9 ‘‘(A) make available to the applicant a 

10 brief explanation identifying the reason why the 

11 Administrator denied the application of the ap12 plicant, which shall include, where applicable, a 

13 citation to the statutory, regulatory, or guid14 ance provision with which the applicant failed 

15 to comply and that was the basis for the denial; 

16 and 

17 ‘‘(B) establish a reconsideration process 

18 through which the applicant may— 

19 ‘‘(i) submit to the Administrator addi20 tional information the applicant determines 

21 to be relevant to whether the applicant is 

22 eligible for the grant; 

23 ‘‘(ii) challenge the decision of the Ad24 ministrator; and 


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1 ‘‘(iii) receive a second review of the 

2 application submitted by the applicant.’’. 

3 SEC. 104. OVERSIGHT AND AUDITS. 

4 Section 5003 of the American Rescue Plan Act of 

5 2021 (15 U.S.C. 9009c), as amended by section 103 of 

6 this Act, is amended by adding at the end the following: 

7 ‘‘(f) OVERSIGHT AND AUDITS.— 

8 ‘‘(1) IN GENERAL.—The Administrator shall in9 stitute an oversight and audit plan with respect to 

10 eligible entities receiving grants under this section, 

11 which shall include— 

12 ‘‘(A) documentation requirements that are 

13 consistent with the eligibility and other require14 ments under this section, including by requiring 

15 an eligible entity that receives a grant under 

16 this section to retain records that demonstrate 

17 compliance with those requirements; and 

18 ‘‘(B) reviews of the use, by eligible entities, 

19 of grants made under this section to ensure 

20 compliance with the requirements of this sec21 tion, which shall include— 

22 ‘‘(i) the review and audit, by the Ad23 ministrator, of grants made under this sec24 tion; and 


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1 ‘‘(ii) in the case of fraud or other ma2 terial noncompliance with respect to a 

3 grant made under this section— 

4 ‘‘(I) a requirement that the appli5 cable eligible entity repay to the Ad6 ministrator the amount of the 

7 misspent funds; or 

8 ‘‘(II) the pursuit, by the Admin9 istrator, of legal action to collect the 

10 misspent funds. 

11 ‘‘(2) SUBMISSION OF PLAN.—Not later than 30 

12 days after the date of enactment of this subsection, 

13 the Administrator shall submit to the Committee on 

14 Small Business and Entrepreneurship of the Senate 

15 and the Committee on Small Business of the House 

16 of Representatives the plan required under para17 graph (1), which shall describe— 

18 ‘‘(A) the policies and procedures of the Ad19 ministrator for conducting oversight and audits 

20 of grants made under this section; and 

21 ‘‘(B) the metrics that the Administrator 

22 will use to determine which grants made under 

23 this section will be audited under that plan. 

24 ‘‘(3) REPORTS.—Not later than 60 days after 

25 the date of enactment of this subsection, and once 


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1 every 30 days thereafter until the date that is 180 

2 days after the date on which all amounts made avail3 able to carry out this section have been fully ex4 pended, and upon request thereafter, the Adminis5 trator shall submit to the Committee on Small Busi6 ness and Entrepreneurship of the Senate and the 

7 Committee on Small Business of the House of Rep8 resentatives a report on the oversight and audit ac9 tivities of the Administrator under this subsection, 

10 which shall include— 

11 ‘‘(A) the total number of grants approved 

12 and disbursed under this section; 

13 ‘‘(B) the total amount of each grant re14 ceived by each eligible entity; 

15 ‘‘(C) the number of active investigations 

16 and audits of grants made under this section; 

17 ‘‘(D) the number of completed reviews and 

18 audits of grants made under this section, in19 cluding a description of— 

20 ‘‘(i) any findings of fraud or other 

21 material noncompliance with the require22 ments of this section; 

23 ‘‘(ii) questionable costs identified by 

24 the Administrator; and 


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1 ‘‘(iii) the total amount recouped from 

2 ineligible recipients; and 

3 ‘‘(E) a description of any substantial 

4 changes made to the plan required under para5 graph (1). 

6 ‘‘(4) RETROACTIVE APPLICATION.—This sub7 section shall apply to grants and decisions made 

8 under this section before, on, or after the date of en9 actment of this subsection.’’. 

10 SEC. 105. REQUIREMENT OF CONTINUING OPERATION. 

11 For any application for a grant under section 5003 

12 of the American Rescue Plan Act of 2021 (15 U.S.C. 

13 9009c) that is pending on the date of enactment of this 

14 Act or for which the applicant has received an award no15 tice but the Administrator has not disbursed amounts 

16 under the grant, the Administrator may not disburse 

17 amounts under the grant unless the applicant submits a 

18 statement to the Administrator indicating the applicant is 

19 still operating, or intends to reopen not later than 180 

20 days after the date on which the statement is submitted, 

21 the applicable place of business. 


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1 TITLE II—SUPPORT FOR ADDI2 TIONAL BUSINESSES SUF3 FERING PANDEMIC-RELATED 

4 REVENUE LOSS 

5 Subtitle A—Support for Gyms and 

6 Fitness Facilities 

7 SEC. 211. DEFINITIONS. 

8 In this subtitle: 

9 (1) AFFILIATED BUSINESS.— 

10 (A) IN GENERAL.—The term ‘‘affiliated 

11 business’’ means a business in which an eligible 

12 entity has an equity or right to profit distribu13 tions of not less than 50 percent, or in which 

14 an eligible entity has the contractual authority 

15 to control the direction of the business, pro16 vided that such affiliation shall be determined 

17 as of any arrangements or agreements in exist18 ence as of February 29, 2020. 

19 (B) REGULATIONS.—For purposes of eligi20 bility for covered grants— 

21 (i) the provisions applicable to affili22 ations under section 121.301 of title 13, 

23 Code of Federal Regulations, or any suc24 cessor regulation, are waived for any busi25 ness concern operating as a franchise that 


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1 is assigned a franchise identifier code by 

2 the Administration; and 

3 (ii) the exceptions to affiliation noted 

4 in section 121.103(b) of title 13, Code of 

5 Federal Regulations, or any successor reg6 ulation, shall apply to an affiliated busi7 ness. 

8 (2) COVERED GRANT.—The term ‘‘covered 

9 grant’’ means a grant under section 213 made to an 

10 eligible entity. 

11 (3) COVERED PERIOD.—The term ‘‘covered pe12 riod’’ means the period— 

13 (A) beginning on March 1, 2020; and 

14 (B) ending on March 31, 2023, or a date 

15 to be determined by the Administrator that is 

16 not later than 2 years after the date of enact17 ment of this Act. 

18 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti19 ty’’— 

20 (A) means a fitness facility— 

21 (i) that employs not more than 500 

22 employees, determined on a full-time 

23 equivalency basis; 

24 (ii) that— 


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1 (I) provides instruction in a pro2 gram of in-person physical exercise; or 

3 (II) offers space for individuals 

4 to take part in the preservation, main5 tenance, encouragement, or develop6 ment of physical fitness; 

7 (iii) for which the health or fitness 

8 component is not incidental to the overall 

9 function and purpose of the facility; and 

10 (iv) that derives revenue primarily 

11 from membership dues or admission or 

12 participation fees; 

13 (B) may include— 

14 (i) a for-profit entity; 

15 (ii) a nonprofit entity; and 

16 (iii) a Tribally-owned concern; and 

17 (C) does not include— 

18 (i) an entity with pandemic-related 

19 revenue losses that are not greater than 25 

20 percent; 

21 (ii) an entity described in subpara22 graph (A) that— 

23 (I) is a State or local govern24 ment-operated business; 


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1 (II) as of March 1, 2020, owns 

2 or operates (together with any affili3 ated business) more than 10 locations, 

4 regardless of whether those locations 

5 do business under the same or mul6 tiple names; 

7 (III) has a pending application 

8 for or has received a grant under— 

9 (aa) section 324 of the Eco10 nomic Aid to Hard Hit Small 

11 Businesses, Nonprofits, and 

12 Venues Act (15 U.S.C. 9009a); 

13 or 

14 (bb) section 5003 of the 

15 American Rescue Plan Act of 

16 2021 (15 U.S.C. 9009c); or 

17 (IV) offers golf, hunting, sailing, 

18 shooting, or riding facilities; 

19 (iii) a publicly-traded company; 

20 (iv) an entity that was not in oper21 ation before March 1, 2020; or 

22 (v) an entity that is not in operation 

23 on, and does not intend to reopen on or be24 fore the date that is 180 days after, the 


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1 date on which the entity applies for a cov2 ered grant. 

3 (5) FUND.—The term ‘‘Fund’’ means the Gym 

4 and Fitness Center Recovery Fund established 

5 under section 212(a)(1). 

6 (6) PANDEMIC-RELATED REVENUE LOSS.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the term ‘‘pandemic-related revenue 

9 loss’’ means, with respect to an eligible entity— 

10 (i) except as provided in clauses (ii) 

11 and (iii), the gross receipts, as established 

12 using such verification documentation as 

13 the Administrator may require, of the eligi14 ble entity during 2020 subtracted from the 

15 gross receipts of the eligible entity in 2019, 

16 if such amount is greater than zero, except 

17 that the Administrator may make adjust18 ments to this formula as needed for sea19 sonal businesses, businesses affected by 

20 natural disasters, and to address other cir21 cumstances identified by the Administrator 

22 requiring accommodation; 

23 (ii) if the eligible entity was not in op24 eration for the entirety of 2019— 


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1 (I) the difference, if greater than 

2 zero, between— 

3 (aa) the product obtained by 

4 multiplying the average monthly 

5 gross receipts of the eligible enti6 ty in 2019 by 12; and 

7 (bb) the product obtained by 

8 multiplying the average monthly 

9 gross receipts of the eligible enti10 ty in 2020 by 12; or 

11 (II) an amount based on a for12 mula determined by the Adminis13 trator; and 

14 (iii) if the eligible entity opened dur15 ing the period beginning on January 1, 

16 2020 and ending on February 29, 2020, 

17 an amount based on a formula determined 

18 by the Administrator. 

19 (B) REDUCTION.— 

20 (i) IN GENERAL.—The pandemic-re21 lated revenue losses for an eligible entity 

22 shall be reduced by— 

23 (I) any amounts received from a 

24 covered loan made under paragraph 

25 (36) or (37) of section 7(a) of the 


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1 Small Business Act (15 U.S.C. 

2 636(a)) in 2020 or 2021; and 

3 (II) the amount by which the 

4 total of all remunerative payments 

5 made to an individual, including any 

6 annual salary paid to an employee, in 

7 2020 exceeds $250,000. 

8 (ii) ADMINISTRATOR AUTHORITY.— 

9 The Administrator may determine the 

10 types of payments and individuals to which 

11 clause (i)(II) applies. 

12 SEC. 212. SUPPORT FOR GYMS AND FITNESS CENTERS. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established within 

15 the Restaurant Revitalization Fund established 

16 under section 5003 of the American Rescue Plan 

17 Act of 2021 (15 U.S.C. 9009c) a fund to be known 

18 as the Gym and Fitness Center Recovery Fund. 

19 (2) USE OF FUNDS.—Subject to section 266, 

20 the Administrator may use amounts in the Fund 

21 only for the purposes described in this subtitle and 

22 not for any purpose described in section 5003 of the 

23 American Rescue Plan Act of 2021 (15 U.S.C. 

24 9009c). 


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1 (b) APPROPRIATIONS.—In addition to amounts other2 wise available, there is appropriated to the Fund for fiscal 

3 year 2022, out of any money in the Treasury not otherwise 

4 appropriated, $2,000,000,000, to remain available until 

5 expended. 

6 SEC. 213. GRANTS FROM FUND. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (c)(3) of this section, the Administrator shall make cov9 ered grants to eligible entities in the order in which appli10 cations are received by the Administrator. 

11 (b) APPLICATIONS.— 

12 (1) CERTIFICATION.—An eligible entity apply13 ing for a covered grant shall make a good faith cer14 tification that— 

15 (A) the uncertainty of current economic 

16 conditions makes necessary the request for the 

17 covered grant to support the ongoing operations 

18 of the eligible entity; 

19 (B) the eligible entity does not have a 

20 pending application for, and has not received, a 

21 grant under— 

22 (i) section 324 of the Economic Aid to 

23 Hard-Hit Small Businesses, Nonprofits, 

24 and Venues Act (15 U.S.C. 9009a); or 


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1 (ii) section 5003 of the American Res2 cue Plan Act of 2021 (15 U.S.C. 9009c); 

3 and 

4 (C) contains any other information that 

5 the Administrator may require. 

6 (2) VERIFICATION MATERIALS.—Subject to sec7 tion 211(6)(A)(i), the Administrator shall use tax 

8 records, and may, in addition, use other reliable 

9 sources such as certified accounting statements, with 

10 respect to an applicant for a covered grant to deter11 mine— 

12 (A) the eligibility of the applicant for that 

13 covered grant; and 

14 (B) the amount of that covered grant to 

15 the applicant. 

16 (3) ACCEPTANCE OF APPLICATIONS.—Not later 

17 than 60 days after the date of enactment of this 

18 Act, the Administrator shall begin accepting applica19 tions for covered grants. 

20 (c) AMOUNT OF GRANT.— 

21 (1) AGGREGATE MAXIMUM AMOUNT.—The ag22 gregate amount of covered grants made to an eligi23 ble entity and any affiliated businesses of the eligible 

24 entity— 

25 (A) shall not exceed $2,000,000; and 


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1 (B) shall be limited to $1,000,000 per 

2 physical location of the eligible entity. 

3 (2) DETERMINATION OF AMOUNT OF GRANT.— 

4 (A) IN GENERAL.—Except as provided in 

5 this subsection, the amount of a covered grant 

6 made to an eligible entity shall be equal to the 

7 difference between— 

8 (i) the pandemic-related revenue loss 

9 of the eligible entity; and 

10 (ii)(I) the amount equal to the prod11 uct obtained by multiplying 3 by the aver12 age monthly gross receipts of the eligible 

13 entity in 2019; or 

14 (II) for an eligible entity that did not 

15 have gross receipts in 2019, because the el16 igible entity began operating between Jan17 uary 1, 2020 and February 29, 2020 or 

18 due to other factors identified by the Ad19 ministrator, an alternative amount based 

20 on a formula to be determined by the Ad21 ministrator. 

22 (B) LIMITATION.—An eligible entity may 

23 not receive a covered grant in an amount that 

24 is greater than— 


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1 (i) the amount equal to the product 

2 obtained by multiplying 6 by the average 

3 monthly gross receipts of the eligible entity 

4 in 2019; or 

5 (ii) if the eligible entity was not in op6 eration for the entirety of 2019, if the 

7 gross receipts of the eligible entity during 

8 2019 were reduced due to other factors 

9 identified by the Administrator, or if the 

10 eligible entity opened during the period be11 ginning on January 1, 2020 and ending on 

12 February 29, 2020, an amount determined 

13 under a formula established by the Admin14 istrator. 

15 (C) MINIMUM AMOUNT.—The Adminis16 trator may establish a minimum amount of a 

17 covered grant in an amount that is not more 

18 than $10,000. 

19 (D) RETURN TO SBA.—Any amount of a 

20 covered grant to an eligible entity based on esti21 mated receipts that is greater than the actual 

22 gross receipts of the eligible entity in 2020 shall 

23 be returned to the Administrator, who may use 

24 those returned funds to make additional cov25 ered grants. 


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1 (3) INSUFFICIENT FUNDING.— 

2 (A) IN GENERAL.—If the Administrator 

3 determines that the amounts made available to 

4 carry out this subtitle are insufficient to make 

5 covered grants to each eligible entity in the 

6 amount provided under paragraphs (1) and (2), 

7 the Administrator shall— 

8 (i) make covered grants with the 

9 available amounts— 

10 (I) such that the amount of the 

11 covered grant that each such eligible 

12 entity would have otherwise received 

13 under those paragraphs is reduced by 

14 an equal percentage; 

15 (II) by establishing a maximum 

16 amount for a covered grant made 

17 under this clause to ensure that small18 er eligible entities still receive covered 

19 grants in the amounts provided under 

20 those paragraphs; or 

21 (III) by providing covered grants 

22 in the amounts provided under those 

23 paragraphs below a certain threshold 

24 (as the Administrator may establish) 

25 and reducing covered grants above 


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1 that threshold by an equal percentage; 

2 and 

3 (ii) in a manner that complies with 

4 clause (i), make covered grants to each eli5 gible entity that submits an application for 

6 a covered grant during the 21-day period 

7 beginning on the date on which the Admin8 istrator begins accepting those applica9 tions. 

10 (B) RESERVING FUNDS.—Nothing in sub11 paragraph (A) shall prevent the Administrator 

12 from— 

13 (i) reserving funding for applicants 

14 that may be determined to be eligible for 

15 a covered grant upon reconsideration; or 

16 (ii) making partial awards to eligible 

17 entities on a preliminary basis until the 

18 amount of funding required to fund cov19 ered grants to all eligible entities that sub20 mit applications is established, upon the 

21 completion of the reconsideration process. 

22 (d) USE OF FUNDS.—During the covered period, an 

23 eligible entity that receives a covered grant may use 

24 amounts received under the covered grant for the following 


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1 expenses incurred as a direct result of, or during, the 

2 COVID–19 pandemic: 

3 (1) Payroll costs. 

4 (2) Payments to independent contractors, as re5 ported on Form 1099-MISC, except that each pay6 ment under this paragraph shall be in an amount 

7 that is not more than $100,000. 

8 (3) Scheduled payments of interest or principal 

9 on any covered mortgage obligation (which may not 

10 include any prepayment of principal on a covered 

11 mortgage obligation). 

12 (4) Payments on any covered rent obligation 

13 and common area maintenance charges under a 

14 lease agreement. 

15 (5) Covered utility payments. 

16 (6) Maintenance expenses. 

17 (7) Covered worker protection expenditures. 

18 (8) Supplies, including protective equipment 

19 and cleaning materials. 

20 (9) Expenses that were within the scope of the 

21 normal business practice of the eligible entity before 

22 the covered period. 

23 (10) Covered supplier costs. 

24 (11) Operational expenses. 

25 (12) Paid sick leave. 


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1 (13) Capital expenditures (or expenses required 

2 under any Federal, State, or local law) relating to 

3 implementing social distancing measures. 

4 (14) Any other expenses that the Administrator 

5 determines to be essential to maintaining the eligible 

6 entity. 

7 (e) RETURNING FUNDS.—If an eligible entity that re8 ceives a covered grant fails to use all of the amounts re9 ceived under the covered grant on or before the last day 

10 of the covered period or permanently ceases operations on 

11 or before the last day of the covered period, the eligible 

12 entity shall return to the Treasury any funds that the eli13 gible entity did not use for the allowable expenses under 

14 subsection (d). 

15 Subtitle B—Support for Minor 

16 League Sports 

17 SEC. 221. DEFINITIONS. 

18 In this subtitle: 

19 (1) COVERED GRANT.—The term ‘‘covered 

20 grant’’ means a grant made under section 223 to an 

21 eligible entity. 

22 (2) FUND.—The term ‘‘Fund’’ means the Save 

23 Minor League Sports Fund established under sec24 tion 222(a)(1). 

25 (3) ELIGIBLE ENTITY.— 


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1 (A) IN GENERAL.—The term ‘‘eligible enti2 ty’’ means any minor league sports team that 

3 meets the following requirements: 

4 (i) The minor league sports team was 

5 operating in the ordinary course of busi6 ness on February 29, 2020. 

7 (ii) The gross receipts of the minor 

8 league sports team— 

9 (I) in calendar year 2020 or the 

10 fiscal year ending in 2021 was not 

11 more than 50 percent of the gross re12 ceipts of the minor league sports team 

13 in calendar year 2019 or the fiscal 

14 year ending in 2019, respectively; or 

15 (II) in calendar year 2020 or the 

16 fiscal year ending in 2021 was not 

17 more than 50 percent of the gross re18 ceipts of the minor league sports team 

19 over the 3-year period from calendar 

20 year 2016 through calendar 2018 or 

21 the fiscal year ending in 2016 through 

22 the fiscal year ending in 2018, respec23 tively, if the gross receipts of the 

24 minor league sports team was nega25 tively impacted by a natural disaster 


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1 or weather disruption in calendar year 

2 2019 or the fiscal year ending in 

3 2019. 

4 (iii) The minor league sports team is 

5 open on, or intends to reopen on or before 

6 the date that is 180 days after, the date on 

7 which the minor league sports team sub8 mits the certification required under sec9 tion 223(b)(1), for the primary purpose of 

10 conducting sports games. 

11 (B) EXCLUSIONS.—The term ‘‘eligible en12 tity’’ does not include a minor league sports 

13 team that— 

14 (i) has a pending application for or 

15 has received a grant under— 

16 (I) section 324 of the Economic 

17 Aid to Hard-Hit Small Businesses, 

18 Nonprofits, and Venues Act (15 

19 U.S.C. 9009a); or 

20 (II) section 5003 of the Amer21 ican Rescue Plan Act of 2021 (15 

22 U.S.C. 9009c); 

23 (ii) is owned directly or indirectly by 

24 a major league sports league or major 

25 league sports team; 


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1 (iii) has an individual owner with— 

2 (I) not less than a 20 percent 

3 share in the team; and 

4 (II) more than a 10 percent own5 ership interest in a major league 

6 sports league or major league sports 

7 team; 

8 (iv) is more than 50 percent owned by 

9 a private equity fund; or 

10 (v) is more than 50 percent owned by 

11 a publicly-traded company. 

12 (C) MULTIPLE BUSINESS ENTITIES.—The 

13 Administrator shall treat each eligible entity as 

14 an independent, non-affiliated entity for the 

15 purposes of this subtitle. 

16 (4) MINOR LEAGUE SPORTS TEAM.—The term 

17 ‘‘minor league sports team’’ means a professional 

18 sports team— 

19 (A) that may be— 

20 (i) a corporation, limited liability com21 pany, partnership, or nonprofit organiza22 tion; 

23 (ii) operated as a sole proprietorship; 

24 or 

25 (iii) a Tribally-owned concern; 


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1 (B) that, as of the date of enactment of 

2 this Act— 

3 (i) is located in the United States; 

4 (ii) is not owned directly or indirectly 

5 by an educational institution; 

6 (iii) derives income primarily from the 

7 presence of in-person spectators; 

8 (iv) is not— 

9 (I) a recreational, intramural, 

10 club, or other type of amateur sports 

11 team; or 

12 (II) a training academy open to 

13 athletes under 18 years of age; 

14 (v) does not require players to pay a 

15 fee to participate; and 

16 (vi) either has a formal relationship 

17 with a major league sports team or major 

18 league sports league to develop players to 

19 compete in a major league sports league, 

20 or competes in a sports league from which 

21 a major league sports team or major 

22 league sports league scouts for prospective 

23 players; and 

24 (C) comprised of players paid a salary to 

25 play in the games of the team as of— 


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1 (i) the date of enactment of this Act; 

2 or 

3 (ii) February 29, 2020. 

4 (5) MAJOR LEAGUE SPORTS LEAGUE.—The 

5 term ‘‘major league sports league’’ means a profes6 sional sports league consisting of teams competing 

7 at the highest professional level of a given sport in 

8 the United States, as determined by the Adminis9 trator. 

10 (6) MAJOR LEAGUE SPORTS TEAM.—The term 

11 ‘‘major league sports team’’ means a team that com12 petes in a major league sports league. 

13 (7) NATURAL DISASTER OR WEATHER DISRUP14 TION.—The term ‘‘natural disaster or weather dis15 ruption’’ means— 

16 (A) a flooding event, hurricane, earth17 quake, forest fire, or other disaster that trig18 gers eligibility for Federal aid, including dis19 aster assistance from the Administrator; or 

20 (B) a series of weather-related events that, 

21 individually or collectively, caused more than 20 

22 percent of games to be permanently canceled. 

23 (8) PANDEMIC-RELATED REVENUE LOSS.— 

24 (A) IN GENERAL.—The term ‘‘pandemic25 related revenue loss’’, with respect to an eligible 


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1 entity, as established using such verification 

2 documentation as the Administrator may re3 quire, means, if such amount is greater than 

4 zero— 

5 (i) except as provided in clauses (ii), 

6 (iii), and (iv), the gross receipts of the eli7 gible entity during calendar year 2020 or 

8 the fiscal year ending in 2021 subtracted 

9 from the gross receipts of the eligible enti10 ty in calendar year 2019 or the fiscal year 

11 ending in 2019, respectively; 

12 (ii) the gross receipts of the eligible 

13 entity during calendar year 2020 or the 

14 fiscal year ending in 2021 subtracted from 

15 the average annual gross receipts of the el16 igible entity over the 3-year period from 

17 calendar year 2016 through calendar year 

18 2018 or the fiscal year ending in 2016 

19 through the fiscal year ending in 2018, re20 spectively, if the gross receipts of the eligi21 ble entity were negatively impacted by a 

22 natural disaster or weather disruption in 

23 calendar year 2019 or the fiscal year end24 ing in 2019; 


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1 (iii) if the eligible entity was not in 

2 operation for the entirety of 2019— 

3 (I) the difference between— 

4 (aa) the product obtained by 

5 multiplying the average monthly 

6 gross receipts of the eligible enti7 ty in calendar year 2019 or the 

8 fiscal year ending in 2019 by 12; 

9 and 

10 (bb) the product obtained by 

11 multiplying the average monthly 

12 gross receipts of the eligible enti13 ty in calendar year 2020 or the 

14 fiscal year ending in 2021 by 12; 

15 or 

16 (II) an amount based on a for17 mula determined by the Adminis18 trator; or 

19 (iv) if the eligible entity opened during 

20 the period beginning on January 1, 2020, 

21 and ending on February 29, 2020— 

22 (I) the expenses described in sec23 tion 223(f) that were incurred by the 

24 eligible entity minus any gross re25 ceipts received; or 


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1 (II) an amount based on a for2 mula determined by the Adminis3 trator. 

4 (B) REDUCTION.—For purposes of this 

5 paragraph, the pandemic-related revenue loss 

6 for an eligible entity shall be reduced by any 

7 amounts received from a covered loan made 

8 under paragraph (36) or (37) of section 7(a) of 

9 the Small Business Act (15 U.S.C. 636(a)) in 

10 2020 or 2021. 

11 SEC. 222. SAVE MINOR LEAGUE SPORTS FUND. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—There is established within 

14 the Restaurant Revitalization Fund established 

15 under section 5003 of the American Rescue Plan 

16 Act of 2021 (15 U.S.C. 9009c) a fund to be known 

17 as the Save Minor League Sports Fund. 

18 (2) USE OF FUNDS.—Subject to section 266, 

19 the Administrator may use amounts in the Fund 

20 only for the purposes described in this subtitle and 

21 not for any purpose described in section 5003 of the 

22 American Rescue Plan Act of 2021 (15 U.S.C. 

23 9009c). 

24 (b) APPROPRIATIONS.— 


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1 (1) IN GENERAL.—In addition to amounts oth2 erwise available, there is appropriated to the Fund 

3 for fiscal year 2022, out of any money in the Treas4 ury not otherwise appropriated, $500,000,000, to re5 main available until expended. 

6 (c) USE OF FUNDS.—The Administrator shall use 

7 amounts in the Fund to make covered grants. 

8 SEC. 223. SAVE MINOR LEAGUE SPORTS GRANTS. 

9 (a) IN GENERAL.—Except as provided in subsection 

10 (e)(3), the Administrator shall award covered grants to 

11 eligible entities in the order in which applications are re12 ceived by the Administrator. 

13 (b) APPLICATION.—An eligible entity applying for a 

14 covered grant shall make a good faith certification that— 

15 (1) the uncertainty of current economic condi16 tions makes necessary the grant request to support 

17 the ongoing operations of the eligible entity; 

18 (2) the eligible entity does not have a pending 

19 application nor has the eligible entity received a 

20 grant under— 

21 (A) section 324 of the Economic Aid to 

22 Hard-Hit Small Businesses, Nonprofits, and 

23 Venues Act (15 U.S.C. 9009a); or 

24 (B) section 5003 of the American Rescue 

25 Plan Act of 2021 (15 U.S.C. 9009c); and 


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1 (3) contains any other information that the Ad2 ministrator may require. 

3 (c) VERIFICATION MATERIALS.—Subject to section 

4 221(8)(A), the Administrator shall use tax records, and 

5 may, in addition, use other reliable sources such as cer6 tified accounting statements, with respect to an applicant 

7 for a covered grant to determine— 

8 (1) the eligibility of the applicant for that cov9 ered grant; and 

10 (2) the amount of that covered grant to the ap11 plicant. 

12 (d) LIMITATION ON NUMBER OF GRANTS.—An eligi13 ble entity may receive only 1 covered grant. 

14 (e) MAXIMUM AMOUNT.— 

15 (1) AGGREGATE MAXIMUM AMOUNT.—The 

16 amount of a covered grant made to an eligible enti17 ty— 

18 (A) shall not exceed $5,000,000; and 

19 (B) shall be limited to— 

20 (i) 50 percent of the gross receipts of 

21 the eligible entity for calendar year 2019 

22 or the fiscal year ending in 2019; 

23 (ii) 50 percent of the average annual 

24 gross receipts of the eligible entity over the 

25 3-year period from calendar year 2016 


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1 through calendar year 2018 or the fiscal 

2 year ending in 2016 through the fiscal 

3 year ending in 2018, if the gross receipts 

4 of the eligible entity were negatively im5 pacted by a natural disaster or weather 

6 disruption in calendar year 2019 or the fis7 cal year ending in 2019; 

8 (iii) an amount based on a formula 

9 determined by the Administrator if the eli10 gible entity was not in operation for the 

11 entirety of 2019; or 

12 (iv) an amount based on a formula 

13 determined by the Administrator if the eli14 gible entity opened during the period be15 ginning on January 1, 2020 and ending on 

16 February 29, 2020. 

17 (2) DETERMINATION OF GRANT AMOUNT.— 

18 (A) IN GENERAL.—Except as provided in 

19 this subsection, the amount of a covered grant 

20 made to an eligible entity shall be equal to the 

21 difference between— 

22 (i) the pandemic-related revenue loss 

23 of the eligible entity; and 

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1 age monthly gross receipts of the eligible 

2 entity in 2019; 

3 (II) for an eligible entity that did not 

4 have gross receipts in 2019, because the el5 igible entity began operating between Jan6 uary 1, 2020 and February 29, 2020, or 

7 due to other factors identified by the Ad8 ministrator, an alternative amount based 

9 on a formula to be determined by the Ad10 ministrator; or 

11 (III) for an eligibility that was nega12 tively impacted by a natural disaster or 

13 weather disruption in calendar year 2019 

14 or the fiscal year ending in 2019, the 

15 amount equal to the product obtained by 

16 multiplying 3 by the average monthly gross 

17 receipts of the eligible entity over the 3- 

18 year period from calendar year 2016 

19 through calendar year 2018 or the fiscal 

20 year ending in 2016 through the fiscal 

21 year ending in 2018. 

22 (B) RETURN OF GRANTS.— 

23 (i) GROSS RECEIPTS.—Any amount of 

24 a covered grant made to an eligible entity 

25 based on estimated gross receipts that is 


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1 greater than the actual gross receipts of 

2 the eligible entity in 2020 shall be returned 

3 to the Administrator, who may use those 

4 returned funds to make additional covered 

5 grants. 

6 (ii) PRIVATE EQUITY FUND, PUB7 LICLY-TRADED COMPANY, OR MAJOR

8 LEAGUE SPORTS TEAM.—The full amount 

9 of a covered grant made to an eligible enti10 ty shall be returned to the Treasury if, 

11 during the 3-year period following receipt 

12 of the covered grant, the eligible entity— 

13 (I) becomes more than 50 per14 cent owned by a private equity fund; 

15 (II) becomes or is acquired by a 

16 publicly-traded company; or 

17 (III) becomes more than 50 per18 cent owned by a major league sports 

19 team. 

20 (3) INSUFFICIENT FUNDING.— 

21 (A) IN GENERAL.—If the Administrator 

22 determines that the amounts made available to 

23 carry out this subtitle are insufficient to make 

24 covered grants to each eligible entity in the 


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1 amount provided under paragraphs (1) and (2), 

2 the Administrator shall— 

3 (i) make covered grants with the 

4 available amounts— 

5 (I) such that the amount of the 

6 covered grant that each such eligible 

7 entity would have otherwise received 

8 under those paragraphs is reduced by 

9 an equal percentage; 

10 (II) by establishing a maximum 

11 amount for a covered grant made 

12 under this clause to ensure that small13 er eligible entities still receive covered 

14 grants in the amounts provided under 

15 those paragraphs; or 

16 (III) by providing covered grants 

17 in the amounts provided under those 

18 paragraphs below a certain threshold 

19 (as the Administrator may establish) 

20 and reducing covered grants above 

21 that threshold by an equal percentage; 

22 and 

23 (ii) in a manner that complies with 

24 clause (i), make covered grants to each eli25 gible entity that submits an application for 


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1 a covered grant during the 21-day period 

2 beginning on the date on which the Admin3 istrator begins accepting those applica4 tions. 

5 (B) RESERVING FUNDS.—Nothing in sub6 paragraph (A) shall prevent the Administrator 

7 from— 

8 (i) reserving funding for applicants 

9 that may be determined to be eligible for 

10 a covered grant upon reconsideration; or 

11 (ii) making partial awards to eligible 

12 entities on a preliminary basis until the 

13 amount of funding required to fund cov14 ered grants to all eligible entities that sub15 mit applications is established, upon the 

16 completion of the reconsideration process. 

17 (f) USE OF FUNDS.— 

18 (1) TIMING.— 

19 (A) EXPENSES INCURRED.—Amounts re20 ceived under a covered grant may only be used 

21 for expenses incurred, including for reimburse22 ments of expenses already paid by the eligible 

23 entity, during the period beginning on March 1, 

24 2020, and ending on the date that is 18 months 

25 after the date of enactment of this Act. 


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1 (B) EXPENDITURE.—An eligible entity 

2 shall return to the Treasury any amounts re3 ceived under a covered grant that are not ex4 pended on or before the date that is 18 months 

5 after the date of disbursement of the covered 

6 grant. 

7 (2) ALLOWABLE EXPENSES.—An eligible entity 

8 may use amounts received under a covered grant 

9 for— 

10 (A) payroll costs, not to exceed a total of 

11 $100,000 in annual compensation for any indi12 vidual employee; 

13 (B) payments on any covered rent obliga14 tion or other obligation to a public entity from 

15 whom the primary venue of the eligible entity is 

16 leased or licensed; 

17 (C) any covered utility payment; 

18 (D) payments of interest or principal due 

19 on any covered mortgage obligation; 

20 (E) payments of interest or principal due 

21 on any indebtedness or debt instrument in22 curred in the ordinary course of business that 

23 is a liability of the eligible entity and was in 

24 place or incurred prior to March 1, 2020, in25 cluding any subsequent renewals, amendments, 


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1 or extensions of debt instruments in place as of 

2 that date; 

3 (F) covered worker protection expendi4 tures; 

5 (G) payments made to independent con6 tractors, as reported on Form-1099 MISC, not 

7 to exceed a total of $100,000 in annual com8 pensation for any individual employee of an 

9 independent contractor; and 

10 (H) other ordinary and necessary business 

11 expenses, including— 

12 (i) maintenance expenses; 

13 (ii) administrative costs, including 

14 fees and licensing costs; 

15 (iii) State and local taxes and fees; 

16 (iv) operating leases in effect as of 

17 March 1, 2020; 

18 (v) payments required for insurance 

19 on any insurance policy; 

20 (vi) settling existing debts with ven21 dors; and 

22 (vii) advertising, production, transpor23 tation, and other expenditures relating to 

24 the primary venue of the eligible entity or 

25 events held at such venue, except that a 


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1 covered grant may not be used primarily 

2 for such expenditures. 

3 (3) PROHIBITED EXPENSES.—An eligible entity 

4 may not use amounts received under a covered 

5 grant— 

6 (A) to purchase real estate or to make 

7 physical improvements to property unrelated to 

8 compliance with social distancing guidelines; 

9 (B) for payments of interest or principal 

10 for loans originated after March 1, 2020; 

11 (C) to invest or re-lend funds; 

12 (D) for contributions or expenditures to, or 

13 on behalf of, any political party, party com14 mittee, or candidate for elective office; or 

15 (E) for any other use as may be reasonably 

16 prohibited by the Administrator. 

17 Subtitle C—Support for Border 

18 Businesses Affected by Border 

19 Closures 

20 SEC. 231. DEFINITIONS. 

21 In this subtitle: 

22 (1) AFFILIATED BUSINESS.— 

23 (A) IN GENERAL.—The term ‘‘affiliated 

24 business’’ means a business in which an eligible 

25 entity has an equity or right to profit distribuVerDate Sep 11 2014 01:30 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S4008.PCS S4008

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1 tions of not less than 50 percent, or in which 

2 an eligible entity has the contractual authority 

3 to control the direction of the business, pro4 vided that such affiliation shall be determined 

5 as of any arrangements or agreements in exist6 ence as of February 29, 2020. 

7 (B) REGULATIONS.—For purposes of eligi8 bility for covered grants— 

9 (i) the provisions applicable to affili10 ations under section 121.301 of title 13, 

11 Code of Federal Regulations, or any suc12 cessor regulation, are waived for any busi13 ness concern operating as a franchise that 

14 is assigned a franchise identifier code by 

15 the Administration; and 

16 (ii) the exceptions to affiliation noted 

17 in section 121.103(b) of title 13, Code of 

18 Federal Regulations, or any successor reg19 ulation, shall apply to an affiliated busi20 ness. 

21 (2) BORDER BUSINESS.—The term ‘‘border 

22 business’’— 

23 (A) means an entity— 


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1 (i) that is a small business concern 

2 (as defined in section 3 of the Small Busi3 ness Act (15 U.S.C. 632)); 

4 (ii) the principal office of which is lo5 cated in the United States; 

6 (iii) that has— 

7 (I) annual average gross receipts 

8 in 2019 in an amount that is not 

9 more than $1,000,000; and 

10 (II) not less than 1 and not more 

11 than 25 employees, determined on a 

12 full-time equivalency basis; and 

13 (iv) that has a physical location with14 in— 

15 (I) an area adjacent to a des16 ignated land port of entry, includ17 ing— 

18 (aa) the lands within the ex19 ternal boundaries of a designated 

20 land port of entry along the 

21 international borders between the 

22 United States and Mexico or the 

23 United States and Canada; 


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1 (bb) the census tract in 

2 which the lands described in item 

3 (aa) are wholly contained; 

4 (cc) a census tract the 

5 boundaries of which intersect the 

6 lands described in item (aa); and 

7 (dd) a census tract— 

8 (AA) the boundaries of 

9 which are contiguous to the 

10 census tracts described in 

11 item (bb) or (cc); and 

12 (BB) which is not more 

13 than 50 miles from the 

14 international border between 

15 the United States and Mex16 ico or the United States and 

17 Canada; or 

18 (II) a colonia; 

19 (B) may include— 

20 (i) a for-profit entity; and 

21 (ii) a Tribally-owned concern; and 

22 (C) does not include— 

23 (i) an entity with pandemic-related 

24 revenue losses that are not greater than 25 

25 percent; 


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1 (ii) an entity described in subpara2 graph (A) that is a State or local govern3 ment-operated business; 

4 (iii) a publicly traded company; 

5 (iv) an entity that is owned or oper6 ated by a private equity fund; 

7 (v) an entity that was not in operation 

8 before March 1, 2020; or 

9 (vi) an entity that is not in operation 

10 on, and does not intend to reopen on or be11 fore the date that is 180 days after, the 

12 date on which the entity applies for a cov13 ered grant. 

14 (3) COLONIA.—The term ‘‘colonia’’ has the 

15 meaning given the term in section 916(e) of the 

16 Cranston-Gonzalez National Affordable Housing Act 

17 (42 U.S.C. 5306 note). 

18 (4) COVERED GRANT.—The term ‘‘covered 

19 grant’’ means a grant under section 233 made to a 

20 border business. 

21 (5) COVERED PERIOD.—The term ‘‘covered pe22 riod’’ means the period— 

23 (A) beginning on March 1, 2020; and 

24 (B) ending on March 31, 2023, or a date 

25 to be determined by the Administrator that is 


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1 not later than 2 years after the date of enact2 ment of this Act. 

3 (6) FUND.—The term ‘‘Fund’’ means the Bor4 der Closure Recovery Grant Fund established under 

5 section 232(a)(1). 

6 (7) PANDEMIC-RELATED REVENUE LOSS.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the term ‘‘pandemic-related revenue 

9 loss’’ means, with respect to a border busi10 ness— 

11 (i) except as provided in clauses (ii) 

12 and (iii), the gross receipts, as established 

13 using such verification documentation as 

14 the Administrator may require, of the bor15 der business during 2020 subtracted from 

16 the gross receipts of the border business in 

17 2019, if such amount is greater than zero, 

18 except that the Administrator may make 

19 adjustments to this formula as needed for 

20 seasonal businesses, businesses affected by 

21 natural disasters, and to address other cir22 cumstances identified by the Administrator 

23 requiring accommodation; 

24 (ii) if the border business was not in 

25 operation for the entirety of 2019— 


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1 (I) the difference between, if 

2 greater than zero— 

3 (aa) the product obtained by 

4 multiplying the average monthly 

5 gross receipts of the border busi6 ness in 2019 by 12; and 

7 (bb) the product obtained by 

8 multiplying the average monthly 

9 gross receipts of the border busi10 ness in 2020 by 12; or 

11 (II) an amount based on a for12 mula determined by the Adminis13 trator; and 

14 (iii) if the border business opened dur15 ing the period beginning on January 1, 

16 2020, and ending on February 29, 2020, 

17 an amount based on a formula determined 

18 by the Administrator. 

19 (B) REDUCTION.— 

20 (i) IN GENERAL.—The pandemic-re21 lated revenue losses for a border business 

22 shall be reduced by— 

23 (I) any amounts received from a 

24 covered loan made under paragraph 

25 (36) or (37) of section 7(a) of the 


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1 Small Business Act (15 U.S.C. 

2 636(a)) in 2020 or 2021; and 

3 (II) the amount by which any re4 munerative payment made to an indi5 vidual, including any salary paid to an 

6 employee, in 2020 exceeds $250,000. 

7 (ii) ADMINISTRATOR AUTHORITY.— 

8 The Administrator may determine the 

9 types of payments and individuals to which 

10 clause (i)(II) applies. 

11 SEC. 232. BORDER CLOSURE RECOVERY GRANT PROGRAM. 

12 (a) ESTABLISHMENT.— 

13 (1) IN GENERAL.—There is established within 

14 the Restaurant Revitalization Fund established 

15 under section 5003 of the American Rescue Plan 

16 Act of 2021 (15 U.S.C. 9009c) a fund to be known 

17 as the ‘‘Border Closure Recovery Grant Fund’’. 

18 (2) USE OF FUNDS.—Subject to section 266, 

19 the Administrator may use amounts in the Fund 

20 only for the purposes described in this subtitle and 

21 not for any purpose described in section 5003 of the 

22 American Rescue Plan Act of 2021 (15 U.S.C. 

23 9009c). 

24 (b) APPROPRIATIONS.—In addition to amounts other25 wise available, there is appropriated to the Fund for fiscal 


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1 year 2022, out of any money in the Treasury not otherwise 

2 appropriated, $1,415,000,000, to remain available until 

3 expended. 

4 SEC. 233. GRANTS FROM FUND. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (c)(3) and in accordance with subsection (c)(2)(E), the 

7 Administrator shall make covered grants in the order in 

8 which applications are received by the Administrator. 

9 (b) APPLICATIONS.— 

10 (1) CERTIFICATION.—A border business apply11 ing for a covered grant shall make a good faith cer12 tification that— 

13 (A) the covered grant is necessary to sup14 port the operations of the border business, 

15 which were adversely affected by the border 

16 travel restrictions imposed by the Federal Gov17 ernment in response to the COVID–19 pan18 demic; 

19 (B) the border business does not have a 

20 pending application for, and has not received, a 

21 grant under— 

22 (i) section 324 of the Economic Aid to 

23 Hard-Hit Small Businesses, Nonprofits, 

24 and Venues Act (15 U.S.C. 9009a); or 


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1 (ii) section 5003 of the American Res2 cue Plan Act of 2021 (15 U.S.C. 9009c); 

3 and 

4 (C) contains any other information that 

5 the Administrator may require. 

6 (2) VERIFICATION MATERIALS.—Subject to sec7 tion 231(7)(A)(i), the Administrator shall use tax 

8 records, and may, in addition, use other reliable 

9 sources such as certified accounting statements, with 

10 respect to an applicant for a covered grant to deter11 mine— 

12 (A) the eligibility of the applicant for that 

13 covered grant; and 

14 (B) the amount of that covered grant to 

15 the applicant. 

16 (3) ACCEPTANCE OF APPLICATIONS.—Not later 

17 than 60 days after the date of enactment of this 

18 Act, the Administrator shall begin accepting applica19 tions for covered grants. 

20 (c) AMOUNT OF GRANT.— 

21 (1) AGGREGATE MAXIMUM AMOUNT.—The ag22 gregate amount of covered grants made to a border 

23 business and any affiliated businesses of the border 

24 business shall not exceed $350,000. 

25 (2) DETERMINATION OF AMOUNT OF GRANT.— 


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1 (A) IN GENERAL.—Except as provided in 

2 this subsection, the amount of a covered grant 

3 made to a border business shall be equal to the 

4 difference between— 

5 (i) the pandemic-related revenue loss 

6 of the border business; and 

7 (ii)(I) the amount equal to the prod8 uct obtained by multiplying 3 by the aver9 age monthly gross receipts of the border 

10 business in 2019; or 

11 (II) for a border business that did not 

12 have gross receipts in 2019, because the 

13 border business began operating between 

14 January 1, 2020 and February 29, 2020 

15 or due to other factors identified by the 

16 Administrator, an alternative amount 

17 based on a formula to be determined by 

18 the Administrator. 

19 (B) LIMITATION.—A border business may 

20 not receive a covered grant in an amount that 

21 is greater than— 

22 (i) the amount equal to the product 

23 obtained by multiplying 6 by the average 

24 monthly gross receipts of the border busi25 ness in 2019; or 


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1 (ii) if the border business was not in 

2 operation for the entirety of 2019, if the 

3 gross receipts of the border business dur4 ing 2019 were reduced due to other factors 

5 identified by the Administrator, or if the 

6 border business opened during the period 

7 beginning on January 1, 2020 and ending 

8 on February 29, 2020, an amount deter9 mined under a formula established by the 

10 Administrator. 

11 (C) MINIMUM AMOUNT.—The Adminis12 trator may establish a minimum amount of a 

13 covered grant in an amount that is not more 

14 than $10,000. 

15 (D) RETURN TO SBA.—Any amount of a 

16 covered grant to a border business based on es17 timated receipts that is greater than the actual 

18 gross receipts of the border business in 2020 

19 shall be returned to the Administrator, who 

20 may use those returned funds to make addi21 tional covered grants. 

22 (E) MINIMUM ALLOCATION.—The Admin23 istrator shall ensure that— 

24 (i) not less than one-third of amounts 

25 made available to carry out this subtitle is 


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1 used to make covered grants to border 

2 businesses located along the international 

3 border between the United States and 

4 Mexico, including colonias; and 

5 (ii) not less than one-third of amounts 

6 made available to carry out this subtitle is 

7 used to make covered grants to border 

8 businesses located along the international 

9 border between the United States and 

10 Canada. 

11 (3) INSUFFICIENT FUNDING.— 

12 (A) IN GENERAL.—If the Administrator 

13 determines that the amounts made available to 

14 carry out this subtitle are insufficient to make 

15 covered grants to each border business in the 

16 amount provided under paragraphs (1) and (2), 

17 the Administrator shall, in a manner that main18 tains the minimum allocation requirements 

19 under paragraph (2)(E)— 

20 (i) make covered grants with the 

21 available amounts— 

22 (I) such that the amount of the 

23 covered grant that each border busi24 ness would have otherwise received 


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1 under those paragraphs is reduced by 

2 an equal percentage; 

3 (II) by establishing a maximum 

4 amount for a covered grant made 

5 under this clause to ensure that small6 er border businesses still receive cov7 ered grants in the amounts provided 

8 under those paragraphs; or 

9 (III) by providing covered grants 

10 in the amounts provided under those 

11 paragraphs below a certain threshold 

12 (as the Administrator may establish) 

13 and reducing covered grants above 

14 that threshold by an equal percentage; 

15 and 

16 (ii) in a manner that complies with 

17 clause (i), make covered grants to each 

18 border business that submits an applica19 tion for a covered grant during the 21-day 

20 period beginning on the date on which the 

21 Administrator begins accepting those appli22 cations. 

23 (B) RESERVING FUNDS.—Nothing in sub24 paragraph (A) shall prevent the Administrator 

25 from— 


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1 (i) reserving funding for applicants 

2 that may be determined to be eligible for 

3 a covered grant upon reconsideration; or 

4 (ii) making partial awards to border 

5 businesses on a preliminary basis until the 

6 amount of funding required to fund cov7 ered grants to all border businesses that 

8 submit applications is established, upon 

9 the completion of the reconsideration proc10 ess. 

11 (d) USE OF FUNDS.—A border business may use 

12 amounts received under a covered grant for the following 

13 expenses incurred during the covered period as a direct 

14 result of, or during, the COVID–19 pandemic, including 

15 logistical expenses associated with border closures: 

16 (1) Payroll costs. 

17 (2) Payments to independent contractors, as re18 ported on Form 1099-MISC, except that each pay19 ment under this paragraph shall be in an amount 

20 that is not more than $100,000. 

21 (3) Scheduled payments of interest or principal 

22 on any covered mortgage obligation (which may not 

23 include any prepayment of principal on a covered 

24 mortgage obligation). 


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1 (4) Payments on any covered rent obligation 

2 and common area maintenance charges under a 

3 lease agreement. 

4 (5) Covered utility payments. 

5 (6) Maintenance expenses. 

6 (7) Covered worker protection expenditures. 

7 (8) Supplies, including protective equipment 

8 and cleaning materials. 

9 (9) Expenses that were within the scope of the 

10 normal business practice of the border business be11 fore the covered period. 

12 (10) Covered supplier costs. 

13 (11) Operational expenses. 

14 (12) Paid sick leave. 

15 (13) Costs associated with resuming or scaling 

16 up business operations after COVID–19 pandemic17 related border travel restrictions have been lifted. 

18 (14) Workforce training or retraining expenses. 

19 (15) Any other expenses that the Administrator 

20 determines to be essential to maintaining the border 

21 business. 

22 (e) RETURNING FUNDS.—If a border business that 

23 receives a covered grant fails to use all of the amounts 

24 received under the covered grant on or before the last day 

25 of the covered period or permanently ceases operations on 


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1 or before the last day of the covered period, the border 

2 business shall return to the Treasury any funds that the 

3 border business did not use for the allowable expenses 

4 under subsection (d). 

5 SEC. 234. OUTREACH. 

6 (a) IN GENERAL.—In carrying out the program 

7 under this subtitle, the Administrator shall make grants 

8 to, or enter into contracts or cooperative agreements with, 

9 not fewer than 6 private nonprofit organizations, resource 

10 partners, States, Indian Tribes, or units of local govern11 ment, including not fewer than 3 adjacent to the inter12 national border between the United States and Canada 

13 and not fewer than 3 adjacent to the international border 

14 between the United States and Mexico, under the authori15 ties of the Community Navigator pilot program estab16 lished under section 5004 of the American Rescue Plan 

17 Act (15 U.S.C. 9013) in order to improve access to assist18 ance programs and resources made available by Federal, 

19 State, Tribal, and local entities in response to the 

20 COVID–19 pandemic, and related border travel restric21 tions. 

22 (b) FUNDING.—The Administrator shall set aside 

23 $10,000,000 from amounts in the Fund to make grants 

24 or enter into contracts or cooperative agreements under 

25 subsection (a). 


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1 (c) RESOURCE PARTNERS.—In addition to the activi2 ties described in subsection (a), the Administrator shall, 

3 in partnership with entities participating in the Commu4 nity Navigator pilot program established under section 

5 5004 of the American Rescue Plan Act (15 U.S.C. 9013), 

6 small business development centers (as defined in section 

7 3 of the Small Business Act (15 U.S.C. 632)), women’s 

8 business centers described in section 29 of that Act (15 

9 U.S.C. 656), Veteran Business Outreach Centers de10 scribed in section 32 of that Act (15 U.S.C. 657b), and 

11 the Service Corps of Retired Executives established under 

12 section 8(b)(1)(B) of that Act (15 U.S.C. 637(b)(1)(B))— 

13 (1) help make border businesses aware of the 

14 availability of the program under this subtitle and 

15 promote engagement with that program; and 

16 (2) provide technical assistance to applicants, 

17 including instructions on how to participate in the 

18 program under this subtitle, assistance in preparing 

19 applications for participation in that program, and 

20 assistance in complying with any reporting require21 ments established by the Administrator with respect 

22 to that program. 

23 (d) LANGUAGE ACCESS.—The Administrator shall 

24 ensure that outreach and technical assistance activities de25 scribed in this section are made available to border busiVerDate Sep 11 2014 01:30 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S4008.PCS S4008

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1 nesses in the 10 most commonly spoken languages, other 

2 than English, in the States of the United States that bor3 der the international boundary with Mexico or that border 

4 the international boundary with Canada, including in 

5 Spanish and in French. 

6 Subtitle D—Support for Live Venue 

7 Service and Support Companies 

8 SEC. 241. DEFINITIONS. 

9 In this subtitle: 

10 (1) AFFILIATED BUSINESS.— 

11 (A) IN GENERAL.—The term ‘‘affiliated 

12 business’’ means a business in which an eligible 

13 entity has an equity or right to profit distribu14 tions of not less than 50 percent, or in which 

15 an eligible entity has the contractual authority 

16 to control the direction of the business, pro17 vided that such affiliation shall be determined 

18 as of any arrangements or agreements in exist19 ence as of February 29, 2020. 

20 (B) REGULATIONS.—For purposes of eligi21 bility for covered grants— 

22 (i) the provisions applicable to affili23 ations under section 121.301 of title 13, 

24 Code of Federal Regulations, or any suc25 cessor regulation, are waived for any busiVerDate Sep 11 2014 01:30 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S4008.PCS S4008

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1 ness concern operating as a franchise that 

2 is assigned a franchise identifier code by 

3 the Administration; and 

4 (ii) the exceptions to affiliation noted 

5 in section 121.103(b) of title 13, Code of 

6 Federal Regulations, or any successor reg7 ulation, shall apply to an affiliated busi8 ness. 

9 (2) COVERED GRANT.—The term ‘‘covered 

10 grant’’ means a grant under section 503 made to an 

11 eligible entity. 

12 (3) COVERED PERIOD.—The term ‘‘covered pe13 riod’’ means the period— 

14 (A) beginning on March 1, 2020; and 

15 (B) ending on March 31, 2023, or a date 

16 to be determined by the Administrator that is 

17 not later than 2 years after the date of enact18 ment of this Act. 

19 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’— 

21 (A) means an individual or entity— 

22 (i) that is assigned a North American 

23 Industry Classification System code of 

24 532289, 532490, 541410, 541420, 

25 541430, 541490, 561591, 561920, 


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1 711190, 711300, or 711320, as appears on 

2 the most recent income tax filing or on the 

3 application for a loan under paragraph 

4 (36) or (37) of section 7(a) of the Small 

5 Business Act (15 U.S.C. 636(a)) of the in6 dividual or entity, if applicable; and 

7 (ii)(I)(aa) that, as the principal busi8 ness of the individual or entity, provides 

9 stages, lighting, sound, casts, or other sup10 port for live events; and 

11 (bb) for which not less than 65 per12 cent of the earned revenue generated 

13 through providing the support described in 

14 item (aa) is for live events organized, pro15 moted, produced, managed, or hosted by 

16 an eligible person or entity described in 

17 section 324(a)(1)(A)(iii) of the Economic 

18 Aid to Hard-Hit Small Businesses, Non19 profits, and Venues Act (15 U.S.C. 

20 9009a(a)(1)(A)(iii)); or 

21 (II)(aa) as the principal business of 

22 the individual or entity, showcases per23 formers or pre-packaged productions to po24 tential buyers; and 


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1 (bb) for which not less than 65 per2 cent of the earned revenue generated 

3 through showcasing performers or pre4 packaged productions described in item 

5 (aa) is for live events— 

6 (AA) organized, promoted, pro7 duced, managed, or hosted by an eligi8 ble person or entity described in sec9 tion 324(a)(1)(A)(iii) of the Economic 

10 Aid to Hard-Hit Small Businesses, 

11 Nonprofits, and Venues Act (15 

12 U.S.C. 9009a(a)(1)(A)(iii)); or 

13 (BB) hosted in a hotel or conven14 tion center facility; 

15 (B) includes an individual or entity de16 scribed in subparagraph (A) that— 

17 (i) operates for profit; 

18 (ii) is a Tribally-owned concern; or 

19 (iii) is a corporation, limited liability 

20 company, or partnership or operated as a 

21 sole proprietorship; and 

22 (C) does not include— 

23 (i) an individual or entity described in 

24 subparagraph (A) that— 


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1 (I) employs more than 250 em2 ployees, determined on a full-time 

3 equivalency basis; 

4 (II) is registered outside of the 

5 United States; or 

6 (III) has pandemic-related rev7 enue losses that are not greater than 

8 25 percent; 

9 (ii) an entity described in subpara10 graph (A) that— 

11 (I) is a State or local govern12 ment-operated business; 

13 (II) as of February 29, 2020, 

14 owns or operates (together with any 

15 affiliated business) more than 5 loca16 tions, regardless of whether those lo17 cations do business under the same or 

18 multiple names; or 

19 (III) has a pending application 

20 for, or has received, a grant under— 

21 (aa) section 324 of the Eco22 nomic Aid to Hard Hit Small 

23 Businesses, Nonprofits, and 

24 Venues Act (15 U.S.C. 9009a); 

25 or 


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1 (bb) section 5003 of the 

2 American Rescue Plan Act of 

3 2021 (15 U.S.C. 9009c); 

4 (iii) a publicly-traded company; 

5 (iv) an entity that is owned or oper6 ated by a private equity fund; 

7 (v) an entity that was not in operation 

8 before March 1, 2020; or 

9 (vi) an entity that is not in operation 

10 on, and does not intend to reopen on or be11 fore the date that is 180 days after, the 

12 date on which the entity applies for a cov13 ered grant. 

14 (5) FUND.—The term ‘‘Fund’’ means the Live 

15 Venue Service and Support Business Relief Fund es16 tablished under section 242(a)(1). 

17 (6) PANDEMIC-RELATED REVENUE LOSS.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the term ‘‘pandemic-related revenue 

20 loss’’ means, with respect to an eligible entity— 

21 (i) except as provided in clauses (ii) 

22 and (iii), the gross receipts, as established 

23 using such verification documentation as 

24 the Administrator may require, of the eligi25 ble entity during 2020 subtracted from the 


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1 gross receipts of the eligible entity in 2019, 

2 if such amount is greater than zero, except 

3 that the Administrator may make adjust4 ments to this formula as needed for sea5 sonal businesses, businesses affected by 

6 natural disasters, and to address other cir7 cumstances identified by the Administrator 

8 requiring accommodation; 

9 (ii) if the eligible entity was not in op10 eration for the entirety of 2019— 

11 (I) the difference, if greater than 

12 zero, between— 

13 (aa) the product obtained by 

14 multiplying the average monthly 

15 gross receipts of the eligible enti16 ty in 2019 by 12; and 

17 (bb) the product obtained by 

18 multiplying the average monthly 

19 gross receipts of the eligible enti20 ty in 2020 by 12; or 

21 (II) an amount based on a for22 mula determined by the Adminis23 trator; and 

24 (iii) if the eligible entity opened dur25 ing the period beginning on January 1, 


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1 2020 and ending on February 29, 2020, 

2 an amount based on a formula determined 

3 by the Administrator. 

4 (B) REDUCTION.— 

5 (i) IN GENERAL.—The pandemic-re6 lated revenue losses for an eligible entity 

7 shall be reduced by— 

8 (I) any amounts received from a 

9 covered loan made under paragraph 

10 (36) or (37) of section 7(a) of the 

11 Small Business Act (15 U.S.C. 

12 636(a)) in 2020 or 2021; and 

13 (II) the amount by which the 

14 total of all remunerative payments 

15 made to an individual, including any 

16 annual salary paid to an employee, in 

17 2020 exceeds $250,000. 

18 (ii) ADMINISTRATOR AUTHORITY.— 

19 The Administrator may determine the 

20 types of payments and individuals to which 

21 clause (i)(II) applies. 

22 SEC. 242. LIVE VENUE SERVICE AND SUPPORT BUSINESS 

23 RELIEF FUND. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—There is established within 

2 the Restaurant Revitalization Fund established 

3 under section 5003 of the American Rescue Plan 

4 Act of 2021 (15 U.S.C. 9009c) a fund to be known 

5 as the Live Venue Service and Support Business Re6 lief Fund. 

7 (2) USE OF FUNDS.—Subject to section 266, 

8 the Administrator may use amounts in the Fund 

9 only for the purposes described in this subtitle and 

10 not for any purpose described in section 5003 of the 

11 American Rescue Plan Act of 2021 (15 U.S.C. 

12 9009c). 

13 (b) APPROPRIATIONS.—In addition to amounts other14 wise available, there is appropriated to the Fund for fiscal 

15 year 2022, out of any money in the Treasury not otherwise 

16 appropriated, $2,000,000,000, to remain available until 

17 expended. 

18 SEC. 243. GRANTS FROM FUND. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (c)(3), the Administrator shall make covered grants to eli21 gible entities in the order in which applications are re22 ceived by the Administrator. 

23 (b) APPLICATIONS.— 


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1 (1) CERTIFICATION.—An eligible entity apply2 ing for a covered grant shall make a good faith cer3 tification that— 

4 (A) the uncertainty of current economic 

5 conditions makes necessary the request for the 

6 covered grant to support the ongoing operations 

7 of the eligible entity; 

8 (B) the eligible entity does not have a 

9 pending application for, and has not received, a 

10 grant under— 

11 (i) section 324 of the Economic Aid to 

12 Hard-Hit Small Businesses, Nonprofits, 

13 and Venues Act (15 U.S.C. 9009a); or 

14 (ii) section 5003 of the American Res15 cue Plan Act of 2021 (15 U.S.C. 9009c); 

16 and 

17 (C) contains any other information that 

18 the Administrator may require. 

19 (2) VERIFICATION MATERIALS.—Subject to sec20 tion 241(6)(A)(i), the Administrator shall use tax 

21 records, and may, in addition, use other reliable 

22 sources such as certified accounting statements, with 

23 respect to an applicant for a covered grant to deter24 mine— 


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1 (A) the eligibility of the applicant for that 

2 covered grant; and 

3 (B) the amount of that covered grant to 

4 the applicant. 

5 (3) ACCEPTANCE OF APPLICATIONS.—Not later 

6 than 60 days after the date of enactment of this 

7 Act, the Administrator shall begin accepting applica8 tions for covered grants. 

9 (c) AMOUNT OF GRANT.— 

10 (1) AGGREGATE MAXIMUM AMOUNT.—The ag11 gregate amount of covered grants made to an eligi12 ble entity and any affiliated businesses of the eligible 

13 entity shall not exceed $2,000,000. 

14 (2) DETERMINATION OF AMOUNT OF GRANT.— 

15 (A) IN GENERAL.—Except as provided in 

16 this subsection, the amount of a covered grant 

17 made to an eligible entity shall be equal to the 

18 difference between— 

19 (i) the pandemic-related revenue loss 

20 of the eligible entity; and 

21 (ii)(I) the amount equal to the prod22 uct obtained by multiplying 3 by the aver23 age monthly gross receipts of the eligible 

24 entity in 2019; or 


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1 (II) for an eligible entity that did not 

2 have gross receipts in 2019, because the el3 igible entity began operating between Jan4 uary 1, 2020 and February 29, 2020 or 

5 due to other factors identified by the Ad6 ministrator, an alternative amount based 

7 on a formula to be determined by the Ad8 ministrator. 

9 (B) LIMITATION.—An eligible entity may 

10 not receive a covered grant in an amount that 

11 is greater than— 

12 (i) the amount equal to the product 

13 obtained by multiplying 6 by the average 

14 monthly gross receipts of the eligible entity 

15 in 2019; or 

16 (ii) if the eligible entity was not in op17 eration for the entirety of 2019, if the 

18 gross receipts of the eligible entity during 

19 2019 were reduced due to other factors 

20 identified by the Administrator, or if the 

21 eligible entity opened during the period be22 ginning on January 1, 2020 and ending on 

23 February 29, 2020, an amount determined 

24 under a formula established by the Admin25 istrator. 


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1 (C) MINIMUM AMOUNT.—The Adminis2 trator may establish a minimum amount of a 

3 covered grant in an amount that is not more 

4 than $10,000. 

5 (D) RETURN TO SBA.—Any amount of a 

6 covered grant to an eligible entity based on esti7 mated receipts that is greater than the actual 

8 gross receipts of the eligible entity in 2020 shall 

9 be returned to the Administrator, who may use 

10 those returned funds to make additional cov11 ered grants. 

12 (3) INSUFFICIENT FUNDING.— 

13 (A) IN GENERAL.—If the Administrator 

14 determines that the amounts made available to 

15 carry out this subtitle are insufficient to make 

16 covered grants to each eligible entity in the 

17 amount provided under paragraphs (1) and (2), 

18 the Administrator shall— 

19 (i) make covered grants with the 

20 available amounts— 

21 (I) such that the amount of the 

22 covered grant that each such eligible 

23 entity would have otherwise received 

24 under those paragraphs is reduced by 

25 an equal percentage; 


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1 (II) by establishing a maximum 

2 amount for a covered grant made 

3 under this clause to ensure that small4 er eligible entities still receive covered 

5 grants in the amounts provided under 

6 those paragraphs; or 

7 (III) by providing covered grants 

8 in the amounts provided under those 

9 paragraphs below a certain threshold 

10 (as the Administrator may establish) 

11 and reducing covered grants above 

12 that threshold by an equal percentage; 

13 and 

14 (ii) in a manner that complies with 

15 clause (i), make covered grants to each eli16 gible entity that submits an application for 

17 a covered grant during the 21-day period 

18 beginning on the date on which the Admin19 istrator begins accepting those applica20 tions. 

21 (B) RESERVING FUNDS.—Nothing in sub22 paragraph (A) shall prevent the Administrator 

23 from— 


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1 (i) reserving funding for applicants 

2 that may be determined to be eligible for 

3 a covered grant upon reconsideration; or 

4 (ii) making partial awards to eligible 

5 entities on a preliminary basis until the 

6 amount of funding required to fund cov7 ered grants to all eligible entities that sub8 mit applications is established, upon the 

9 completion of the reconsideration process. 

10 (d) USE OF FUNDS.—During the covered period, an 

11 eligible entity that receives a covered grant may use 

12 amounts received under the covered grant for the following 

13 expenses incurred as a direct result of, or during, the 

14 COVID–19 pandemic: 

15 (1) Payroll costs. 

16 (2) Payments to independent contractors, as re17 ported on Form 1099-MISC, except that each pay18 ment under this paragraph shall be in an amount 

19 that is not more than $100,000. 

20 (3) Scheduled payments of interest or principal 

21 on any covered mortgage obligation (which may not 

22 include any prepayment of principal on a covered 

23 mortgage obligation). 


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1 (4) Payments on any covered rent obligation 

2 and common area maintenance charges under a 

3 lease agreement. 

4 (5) Covered utility payments. 

5 (6) Maintenance expenses. 

6 (7) Covered worker protection expenditures. 

7 (8) Supplies, including protective equipment 

8 and cleaning materials. 

9 (9) Expenses that were within the scope of the 

10 normal business practice of the eligible entity before 

11 the covered period. 

12 (10) Covered supplier costs. 

13 (11) Operational expenses. 

14 (12) Paid sick leave. 

15 (13) Any other expenses that the Administrator 

16 determines to be essential to maintaining the eligible 

17 entity. 

18 (e) RETURNING FUNDS.—If an eligible entity that re19 ceives a covered grant fails to use all of the amounts re20 ceived under the covered grant on or before the last day 

21 of the covered period or permanently ceases operations on 

22 or before the last day of the covered period, the eligible 

23 entity shall return to the Treasury any funds that the eli24 gible entity did not use for the allowable expenses under 

25 subsection (d). 


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1 Subtitle E—Support for Exclave 

2 Community Small Businesses 

3 SEC. 251. DEFINITIONS. 

4 In this subtitle: 

5 (1) AFFILIATED BUSINESS.— 

6 (A) IN GENERAL.—The term ‘‘affiliated 

7 business’’ means a business in which an eligible 

8 entity has an equity or right to profit distribu9 tions of not less than 50 percent, or in which 

10 an eligible entity has the contractual authority 

11 to control the direction of the business, pro12 vided that such affiliation shall be determined 

13 as of any arrangements or agreements in exist14 ence as of February 29, 2020. 

15 (B) REGULATIONS.—For purposes of eligi16 bility for covered grants— 

17 (i) the provisions applicable to affili18 ations under section 121.301 of title 13, 

19 Code of Federal Regulations, or any suc20 cessor regulation, are waived for any busi21 ness concern operating as a franchise that 

22 is assigned a franchise identifier code by 

23 the Administration; and 

24 (ii) the exceptions to affiliation noted 

25 in section 121.103(b) of title 13, Code of 


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1 Federal Regulations, or any successor reg2 ulation, shall apply to an affiliated busi3 ness. 

4 (2) COVERED GRANT.—The term ‘‘covered 

5 grant’’ means a grant under section 253 made to an 

6 eligible entity 

7 (3) COVERED PERIOD.—The term ‘‘covered pe8 riod’’ means the period— 

9 (A) beginning on March 1, 2020; and 

10 (B) ending on March 31, 2023, or a date 

11 to be determined by the Administrator that is 

12 not later than 2 years after the date of enact13 ment of this Act. 

14 (4) EXCLAVE.—The term ‘‘exclave’’ means an 

15 area that is— 

16 (A) located in the United States; 

17 (B) within 75 miles of the international 

18 border between the United States and Canada; 

19 and 

20 (C) only accessible by land via Canada. 

21 (5) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’— 

23 (A) means a small business concern (as de24 fined in section 3 of the Small Business Act (15 

25 U.S.C. 632)) that— 


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1 (i) is located in an exclave; and 

2 (ii) certifies, and, if requested by the 

3 Administrator, demonstrates, that the clo4 sure of the international border between 

5 the United States and Canada— 

6 (I) directly resulted in a reduc7 tion in the gross receipts of the eligi8 ble entity; or 

9 (II) restricted the ability of cus10 tomers to access the location of the 

11 small business concern; and 

12 (B) does not include— 

13 (i) an entity with pandemic-related 

14 revenue losses that are not greater than 25 

15 percent; 

16 (ii) an entity described in subpara17 graph (A) that— 

18 (I) is a State or local govern19 ment-operated business; 

20 (II) as of March 1, 2020, owns 

21 or operates (together with any affili22 ated business) more than 10 locations, 

23 regardless of whether those locations 

24 do business under the same or mul25 tiple names; or 


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1 (III) has a pending application 

2 for or has received a grant under— 

3 (aa) section 324 of the Eco4 nomic Aid to Hard Hit Small 

5 Businesses, Nonprofits, and 

6 Venues Act (15 U.S.C. 9009a); 

7 or 

8 (bb) section 5003 of the 

9 American Rescue Plan Act of 

10 2021 (15 U.S.C. 9009c); 

11 (iii) a publicly-traded company; 

12 (iv) an entity that is owned or oper13 ated by a private equity fund; 

14 (v) an entity that was not in operation 

15 before March 1, 2020; or 

16 (vi) an entity that is not in operation 

17 on, and does not intend to reopen on or be18 fore the date that is 180 days after, the 

19 date on which the entity applies for a cov20 ered grant. 

21 (6) FUND.—The term ‘‘Fund’’ means the 

22 Exclave Community Small Business Relief Fund es23 tablished under section 252(a)(1). 

24 (7) PANDEMIC-RELATED REVENUE LOSS.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the term ‘‘pandemic-related revenue 

3 loss’’ means, with respect to an eligible entity— 

4 (i) except as provided in clauses (ii) 

5 and (iii), the gross receipts, as established 

6 using such verification documentation as 

7 the Administrator may require, of the eligi8 ble entity during 2020 subtracted from the 

9 gross receipts of the eligible entity in 2019, 

10 if such amount is greater than zero, except 

11 that the Administrator may make adjust12 ments to this formula as needed for sea13 sonal businesses, businesses affected by 

14 natural disasters, and to address other cir15 cumstances identified by the Administrator 

16 requiring accommodation; 

17 (ii) if the eligible entity was not in op18 eration for the entirety of 2019— 

19 (I) the difference, if greater than 

20 zero, between— 

21 (aa) the product obtained by 

22 multiplying the average monthly 

23 gross receipts of the eligible enti24 ty in 2019 by 12; and 


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1 (bb) the product obtained by 

2 multiplying the average monthly 

3 gross receipts of the eligible enti4 ty in 2020 by 12; or 

5 (II) an amount based on a for6 mula determined by the Adminis7 trator; and 

8 (iii) if the eligible entity opened dur9 ing the period beginning on January 1, 

10 2020, and ending on February 29, 2020, 

11 an amount based on a formula determined 

12 by the Administrator. 

13 (B) REDUCTION.— 

14 (i) IN GENERAL.—The pandemic-re15 lated revenue losses for an eligible entity 

16 shall be reduced by— 

17 (I) any amounts received from a 

18 covered loan made under paragraph 

19 (36) or (37) of section 7(a) of the 

20 Small Business Act (15 U.S.C. 

21 636(a)) in 2020 or 2021; and 

22 (II) the amount by which the 

23 total of all remunerative payments 

24 made to an individual, including any 


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1 annual salary paid to an employee, in 

2 2020 exceeds $250,000. 

3 (ii) ADMINISTRATOR AUTHORITY.— 

4 The Administrator may determine the 

5 types of payments and individuals to which 

6 clause (i)(II) applies. 

7 SEC. 252. EXCLAVE COMMUNITY SMALL BUSINESS RELIEF 

8 FUND. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—There is established within 

11 the Restaurant Revitalization Fund established 

12 under section 5003 of the American Rescue Plan 

13 Act of 2021 (15 U.S.C. 9009c) a fund to be known 

14 as the Exclave Community Small Business Relief 

15 Fund. 

16 (2) USE OF FUNDS.—Subject to section 266, 

17 the Administrator may use amounts in the Fund 

18 only for the purposes described in this subtitle and 

19 not for any purpose described in section 5003 of the 

20 American Rescue Plan Act of 2021 (15 U.S.C. 

21 9009c). 

22 (b) APPROPRIATIONS.—In addition to amounts other23 wise available, there is appropriated to the Fund for fiscal 

24 year 2022, out of any money in the Treasury not otherwise 

25 appropriated, $85,000,000, to remain available until exVerDate Sep 11 2014 01:30 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S4008.PCS S4008

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1 pended, of which $75,000,000 shall be available for eligi2 ble entities located in exclaves adjacent to the border be3 tween Alaska and Canada and $10,000,000 shall be avail4 able to exclaves adjacent to the border between the conti5 nental United States and Canada. 

6 SEC. 253. GRANTS FROM FUND. 

7 (a) IN GENERAL.—Except as provided in subsection 

8 (c)(3)(B), the Administrator shall make covered grants to 

9 eligible entities in the order in which applications are re10 ceived by the Administrator. 

11 (b) APPLICATIONS.— 

12 (1) CERTIFICATION.—An eligible entity apply13 ing for a covered grant shall make a good faith cer14 tification that— 

15 (A) the uncertainty of current economic 

16 conditions makes necessary the request for the 

17 covered grant to support the ongoing operations 

18 of the eligible entity; 

19 (B) closure of the international border be20 tween the United States and Canada— 

21 (i) directly resulted in a reduction in 

22 the gross receipts of the eligible entity; or 

23 (ii) restricted the ability of customers 

24 to access the location of the covered busi25 ness; 


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1 (C) the eligible entity does not have a 

2 pending application for, and has not received, a 

3 grant under— 

4 (i) section 324 of the Economic Aid to 

5 Hard-Hit Small Businesses, Nonprofits, 

6 and Venues Act (15 U.S.C. 9009a); or 

7 (ii) section 5003 of the American Res8 cue Plan Act of 2021 (15 U.S.C. 9009c); 

9 and 

10 (D) contains any other information that 

11 the Administrator may require. 

12 (2) VERIFICATION MATERIALS.—Subject to sec13 tion 251(7)(A)(i), the Administrator shall use tax 

14 records, and may, in addition, use other reliable 

15 sources such as certified accounting statements, with 

16 respect to an applicant for a covered grant to deter17 mine— 

18 (A) the eligibility of the applicant for that 

19 covered grant; and 

20 (B) the amount of that covered grant to 

21 the applicant. 

22 (3) ACCEPTANCE OF APPLICATIONS.—Not later 

23 than 60 days after the date of enactment of this 

24 Act, the Administrator shall begin accepting applica25 tions for covered grants. 


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1 (c) AMOUNT OF GRANT.— 

2 (1) AGGREGATE MAXIMUM AMOUNT.—The ag3 gregate amount of covered grants made to an eligi4 ble entity and any affiliated businesses of the eligible 

5 entity shall not exceed $3,000,000. 

6 (2) DETERMINATION OF AMOUNT OF GRANT.— 

7 (A) IN GENERAL.—Except as provided in 

8 section 252(b) and in this subsection, the 

9 amount of a covered grant made to an eligible 

10 entity shall be equal to the difference between— 

11 (i) the pandemic-related revenue loss 

12 of the eligible entity; and 

13 (ii)(I) the amount equal to the prod14 uct obtained by multiplying 3 by the aver15 age monthly gross receipts of the eligible 

16 entity in 2019; or 

17 (II) for an eligible entity that did not 

18 have gross receipts in 2019, because the el19 igible entity began operating between Jan20 uary 1, 2020 and February 29, 2020 or 

21 due to other factors identified by the Ad22 ministrator, an alternative amount based 

23 on a formula to be determined by the Ad24 ministrator. 


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1 (B) MINIMUM AMOUNT.—The Adminis2 trator may establish a minimum amount of a 

3 covered grant in an amount that is not more 

4 than $10,000. 

5 (C) RETURN TO SBA.—Any amount of a 

6 covered grant to an eligible entity based on esti7 mated receipts that is greater than the actual 

8 gross receipts of the eligible entity in 2020 shall 

9 be returned to the Administrator, who may use 

10 those returned funds to make additional cov11 ered grants. 

12 (3) INSUFFICIENT FUNDING.— 

13 (A) IN GENERAL.—If the Administrator 

14 determines that the amounts made available to 

15 carry out this subtitle are insufficient to make 

16 covered grants to each eligible entity in the 

17 amount provided under paragraphs (1) and (2) 

18 and in accordance with the allocations under 

19 section 252(b), the Administrator shall— 

20 (i) make covered grants with the 

21 available amounts— 

22 (I) such that the amount of the 

23 covered grant that each such eligible 

24 entity would have otherwise received 


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1 under those paragraphs is reduced by 

2 an equal percentage; 

3 (II) by establishing a maximum 

4 amount for a covered grant made 

5 under this clause to ensure that small6 er eligible entities still receive covered 

7 grants in the amounts provided under 

8 those paragraphs; or 

9 (III) by providing covered grants 

10 in the amounts provided under those 

11 paragraphs below a certain threshold 

12 (as the Administrator may establish) 

13 and reducing covered grants above 

14 that threshold by an equal percentage; 

15 and 

16 (ii) in a manner that complies with 

17 clause (i), make covered grants to each eli18 gible entity that submits an application for 

19 a covered grant during the 21-day period 

20 beginning on the date on which the Admin21 istrator begins accepting those applica22 tions. 

23 (B) RESERVING FUNDS.—Nothing in sub24 paragraph (A) shall prevent the Administrator 

25 from— 


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1 (i) reserving funding for applicants 

2 that may be determined to be eligible for 

3 a covered grant upon reconsideration; or 

4 (ii) making partial awards to eligible 

5 entities on a preliminary basis until the 

6 amount of funding required to fund cov7 ered grants to all eligible entities that sub8 mit applications is established, upon the 

9 completion of the reconsideration process. 

10 (d) USE OF FUNDS.— 

11 (1) PERMITTED USES.—During the covered pe12 riod, an eligible entity that receives a covered grant 

13 may use amounts received under the covered grant 

14 for the following expenses incurred as a direct result 

15 of, or during, the COVID–19 pandemic: 

16 (A) Payroll costs. 

17 (B) Payments to independent contractors, 

18 as reported on Form 1099-MISC, except that 

19 each payment under this subparagraph shall be 

20 in an amount that is not more than $100,000. 

21 (C) Scheduled payments of interest or 

22 principal on any covered mortgage obligation 

23 (which may not include any prepayment of 

24 principal on a covered mortgage obligation). 


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1 (D) Payments on any covered rent obliga2 tion and common area maintenance charges 

3 under a lease agreement. 

4 (E) Covered utility payments. 

5 (F) Maintenance expenses. 

6 (G) Covered worker protection expendi7 tures. 

8 (H) Supplies, including protective equip9 ment and cleaning materials. 

10 (I) Expenses that were within the scope of 

11 the normal business practice of the eligible enti12 ty before the covered period. 

13 (J) Covered supplier costs. 

14 (K) Operational expenses. 

15 (L) Paid sick leave. 

16 (M) Any other expenses that the Adminis17 trator determines to be essential to maintaining 

18 the eligible entity. 

19 (2) PROHIBITED USES.—An eligible entity may 

20 not use amounts received under a covered grant for 

21 expenses incurred by the eligible entity outside the 

22 exclave, including those expenses incurred by related 

23 or affiliated businesses located outside the exclave. 

24 (e) RETURNING FUNDS.—If an eligible entity that re25 ceives a covered grant fails to use all of the amounts reVerDate Sep 11 2014 01:30 Apr 07, 2022 Jkt 029200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S4008.PCS S4008

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1 ceived under the covered grant on or before the last day 

2 of the covered period or permanently ceases operations on 

3 or before the last day of the covered period, the eligible 

4 entity shall return to the Treasury any funds that the eli5 gible entity did not use for the allowable expenses under 

6 subsection (d). 

7 Subtitle F—Administration and Im8 plementation of Support Pro9 grams 

10 SEC. 261 DEFINITION. 

11 In this subtitle, the term ‘‘covered program’’ means 

12 a program for which grants are authorized under this title. 

13 SEC. 262. DATA TRANSPARENCY AND CUSTOMER SERVICE. 

14 The Administrator shall— 

15 (1) in carrying out each covered program, 

16 maintain regular communication during the period 

17 during which the covered program is in effect with 

18 applicants and their representatives, including by— 

19 (A) hosting regularly scheduled informa20 tion sessions with applicants and their rep21 resentatives; and 

22 (B) providing opportunities to applicants 

23 and their representatives to submit and receive 

24 answers to questions regarding covered pro25 grams; 


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1 (2) for each covered program, on a bi-weekly 

2 basis until the amounts made available under this 

3 title for the covered program are fully expended, 

4 publish data that shows, for the period beginning on 

5 the date of enactment of this Act and ending on the 

6 date on which the information is published— 

7 (A) with respect to applications for grants 

8 under each covered program, the number of 

9 those applications— 

10 (i) that the Administrator has re11 ceived; 

12 (ii) that the Administrator has re13 viewed or is in the process of reviewing; 

14 and 

15 (iii) with respect to which the Admin16 istrator has made a decision; and 

17 (B) the number and dollar amount of 

18 grants under each covered program— 

19 (i) that are awarded; and 

20 (ii) that are disbursed; 

21 (3) for each covered program, on a weekly basis 

22 until the amounts made available under this title to 

23 carry out the covered program are fully expended, 

24 publish, with respect to the period beginning on the 


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1 date of enactment of this Act and ending on the 

2 date on which the information is published— 

3 (A) with respect to each entity to which a 

4 grant has been made under the covered pro5 gram— 

6 (i) the name of the entity, including 

7 the name under which the entity does busi8 ness if that name is different from the 

9 name of the entity; 

10 (ii) the address of the entity; and 

11 (iii) if the physical location for the eli12 gible business listed on the application is 

13 different from the address of the entity, 

14 the address of such physical location; and 

15 (B) the amount of each grant described in 

16 subparagraph (A); and 

17 (4) with respect to an applicant that applies for 

18 a grant under a covered program and is denied by 

19 the Administrator— 

20 (A) make available to the applicant a brief 

21 explanation identifying the reason why the Ad22 ministrator denied the application of the appli23 cant, which shall include, where applicable, a ci24 tation to the statutory, regulatory, or guidance 

25 provision with which the applicant failed to 


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1 comply and that was the basis for the denial; 

2 and 

3 (B) establish a reconsideration process 

4 through which the applicant may— 

5 (i) submit to the Administrator addi6 tional clarifying information the applicant 

7 determines to be relevant to whether the 

8 applicant is eligible for the grant; 

9 (ii) challenge the decision of the Ad10 ministrator; and 

11 (iii) receive a second review of the ap12 plication submitted by the applicant. 

13 SEC. 263. BUSINESS IDENTIFIERS. 

14 In accepting applications for grants under a covered 

15 program, the Administrator shall prioritize the ability of 

16 each applicant to use the existing business identifier of 

17 the applicant over requiring other forms of registration or 

18 identification that may not be common to the industry of 

19 the applicant, which may impose additional burdens on the 

20 applicant. 

21 SEC. 264. APPLICATIONS. 

22 (a) EXPEDITED PROCESSING AND APPROVAL AU23 THORITY.— 

24 (1) IN GENERAL.—The Director of the Office of 

25 Management and Budget may, on an emergency 


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1 basis, and in order to expedite the processing and 

2 approval of applications for grants under a covered 

3 program, waive the requirements of part 200 of title 

4 2, Code of Federal Regulations, or any successor 

5 regulations, with respect to the covered program if— 

6 (A) the Director finds that such a waiver 

7 will prevent entities eligible for grants under 

8 the covered program from failing or suffering 

9 undue hardship; and 

10 (B) each entity that receives a grant under 

11 the covered program is still required to report 

12 to the Administrator on the use by the entity 

13 of the amounts received under the grant. 

14 (2) CONTINUITY.—To the extent practicable, 

15 the Director of the Office of Management and Budg16 et shall prioritize administrative continuity for cov17 ered programs with the Restaurant Revitalization 

18 Fund authorized in section 5003 of the American 

19 Rescue Plan Act of 2021 (15 U.S.C. 9009c). 

20 (b) LIMITATION ON DENIAL BASED ON DENIAL FOR

21 OTHER SBA PROGRAMS.—The Administrator may not 

22 deny an application by an entity for a grant under a cov23 ered program solely on the basis that an application by 

24 the entity for another program of the Small Business Ad25 ministration, including the program under section 5003 


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1 of the American Rescue Plan Act of 2021 (15 U.S.C. 

2 9009c), was denied. 

3 SEC. 265. PROHIBITION ON PARTICIPATION IN MULTIPLE 

4 PROGRAMS. 

5 (a) IN GENERAL.—An entity may not receive a grant 

6 under more than 1 covered program or receive a grant 

7 under a covered program and a grant under title IV. 

8 (b) WITHDRAWAL OF PENDING APPLICATIONS.— 

9 (1) DEFINITION.—In this subsection, the term 

10 ‘‘covered application’’ means an application for a 

11 grant under— 

12 (A) a covered program; 

13 (B) the program under section 5003 of the 

14 American Rescue Plan Act of 2021 (15 U.S.C. 

15 9009c); or 

16 (C) the program under section 324 of the 

17 Economic Aid to Hard Hit Small Businesses, 

18 Nonprofits, and Venues Act (15 U.S.C. 9009a). 

19 (2) WITHDRAWAL.—An entity that has a pend20 ing covered application may submit a covered appli21 cation with respect to another program if, at or be22 fore the time that the entity submits the covered ap23 plication with respect to another program, the entity 

24 withdraws the pending covered application. 


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1 SEC. 266. TRANSFER OF FUNDS. 

2 (a) AUTHORITY.— 

3 (1) IN GENERAL.—Subject to paragraph (2), on 

4 and after the date that is 30 days after the date on 

5 which the Administrator begins accepting applica6 tions under a covered program, the Administrator 

7 may transfer amounts made available under this 

8 title for that covered program to the fund estab9 lished under this title for another covered program. 

10 (2) LIMITATION.—The Administrator may not 

11 transfer amounts made available under this title for 

12 a covered program if the Administrator determines 

13 that the amounts made available to carry out that 

14 covered program are insufficient to make grants to 

15 each eligible entity in the amount specified with re16 spect to that covered program. 

17 (b) USE OF TRANSFERRED FUNDS.—Any amounts 

18 transferred under subsection (a) shall be merged with, and 

19 available for the same purposes as, other amounts in the 

20 fund to which the amounts are transferred. 

21 SEC. 267. OVERSIGHT AND AUDITS. 

22 (a) IN GENERAL.—The Administrator shall institute 

23 an oversight and audit plan with respect to entities receiv24 ing grants under a covered program, which shall include— 

25 (1) documentation requirements that are con26 sistent with the eligibility and other requirements 


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1 under the applicable covered program, including by 

2 requiring an entity that receives a grant under the 

3 covered program to retain records that demonstrate 

4 compliance with those requirements; and 

5 (2) reviews of the use by entities of grants 

6 made under the applicable covered program to en7 sure compliance with the requirements under that 

8 covered program, which shall include— 

9 (A) the review and audit, by the Adminis10 trator, of grants made under that covered pro11 gram; and 

12 (B) in the case of fraud or other material 

13 noncompliance with respect to a grant made 

14 under that covered program— 

15 (i) a requirement that the applicable 

16 entity repay to the Administrator the 

17 amount of the misspent funds; or 

18 (ii) the pursuit, by the Administrator, 

19 of legal action to collect the misspent 

20 funds. 

21 (b) SUBMISSION OF PLAN.—Not later than 45 days 

22 after the date of enactment of this Act, the Administrator 

23 shall submit to the Committee on Small Business and En24 trepreneurship of the Senate and the Committee on Small 


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1 Business of the House of Representatives the plan re2 quired under subsection (a), which shall describe— 

3 (1) the policies and procedures of the Adminis4 trator for conducting oversight and audits of grants 

5 made under the covered programs; and 

6 (2) the metrics that the Administrator will use 

7 to determine which grants made under a covered 

8 program will be audited under that plan. 

9 (c) REPORTS.—Not later than 60 days after the date 

10 of enactment of this Act, once every 30 days thereafter 

11 until the date that is 180 days after the date on which 

12 all amounts made available to carry out covered programs 

13 have been fully expended, and upon request thereafter, the 

14 Administrator shall submit to the Committee on Small 

15 Business and Entrepreneurship of the Senate and the 

16 Committee on Small Business of the House of Representa17 tives a report on the oversight and audit activities of the 

18 Administrator under this section, which shall include— 

19 (1) the total number of grants approved and 

20 disbursed under each covered program; 

21 (2) the total amount of each grant under each 

22 covered program received by each entity that re23 ceived such a payment; 

24 (3) the number of active investigations and au25 dits of grants made under each covered program; 


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1 (4) the number of completed reviews and audits 

2 of grants made under each covered program, includ3 ing a description of— 

4 (A) any findings of fraud or other material 

5 noncompliance with the requirements of the ap6 plicable covered program; 

7 (B) questionable costs identified by the 

8 Administrator; and 

9 (C) the total amount recouped from ineli10 gible recipients; and 

11 (5) a description of any substantial changes 

12 made to the plan required under subsection (a). 

13 SEC. 268. ADMINISTRATIVE FUNDING. 

14 In addition to amounts otherwise available, there is 

15 appropriated to the Administrator for fiscal year 2022, 

16 out of any money in the Treasury not otherwise appro17 priated, to remain available until expended, $150,000,000 

18 for administrative expenses to carry out the covered pro19 grams, of which, $20,000,000 shall be for the Inspector 

20 General of the Small Business Administration for nec21 essary expenses of the Office of Inspector General. 

22 SEC. 269. GROSS RECEIPTS. 

23 For each covered program, the Administrator may 

24 authorize applicants for grants under the covered program 


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1 to measure annual gross receipts using either the calendar 

2 year or fiscal year. 

3 SEC. 270. RULES. 

4 Not later than 60 days after the date of enactment 

5 of this Act, the Administrator shall issue rules to carry 

6 out each covered program, without regard to the notice 

7 requirements under section 553(b) of title 5, United 

8 States Code. 

9 TITLE III—OTHER SBA 

10 PROGRAM IMPROVEMENTS 

11 SEC. 301. SHUTTERED VENUE OPERATORS. 

12 (a) IN GENERAL.—Section 324(d) of title III of divi13 sion N of the Consolidated Appropriations Act, 2021 (15 

14 U.S.C. 9009a(d)) is amended by striking paragraph (1) 

15 and inserting the following: 

16 ‘‘(1) TIMING.— 

17 ‘‘(A) EXPENSES INCURRED.—Amounts re18 ceived under a grant under this section may be 

19 used for costs incurred during the period begin20 ning on March 1, 2020, and ending on March 

21 11, 2023. 

22 ‘‘(B) EXPENDITURE.—An eligible person 

23 or entity shall return to the Administrator any 

24 amounts received under a grant under this sec25 tion that are not expended on or before April 


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1 15, 2023, with respect to costs incurred during 

2 the period described in subparagraph (A).’’. 

3 (b) APPLICABILITY.—The amendment made by sub4 section (a) shall apply to grants made under section 324 

5 of title III of division N of the Consolidated Appropria6 tions Act, 2021 (15 U.S.C. 9009a) before, on, or after 

7 the date of enactment of this Act. 

8 SEC. 302. TREATMENT OF PAYCHECK PROTECTION PRO9 GRAM LOAN FORGIVENESS OF PAYROLL 

10 COSTS UNDER HIGHWAY AND PUBLIC TRANS11 PORTATION PROJECT COST REIMBURSE12 MENT CONTRACTS. 

13 (a) IN GENERAL.—Notwithstanding section 31.201– 

14 5 of title 48, Code of Federal Regulations (or successor 

15 regulations), for the purposes of any cost-reimbursement 

16 contract awarded in accordance with section 112 of title 

17 23, United States Code, or section 5325 of title 49, United 

18 States Code, or any subcontract under such a contract, 

19 no cost reduction or cash refund (including through a re20 duced indirect cost rate) shall be due to the Department 

21 of Transportation or to a State transportation depart22 ment, transit agency, or other recipient of assistance 

23 under chapter 1 of title 23, United States Code, or chapter 

24 53 of title 49, United States Code, on the basis of forgive25 ness of the payroll costs of a covered loan (as those terms 


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1 are defined in section 7A(a) of the Small Business Act 

2 (15 U.S.C. 636m(a))) issued under the paycheck protec3 tion program under section 7(a)(36) of that Act (15 

4 U.S.C. 636(a)(36)). 

5 (b) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to amend or exempt the prohibi7 tions and liability under section 3729 of title 31, United 

8 States Code, (relating to false claims). 

9 (c) TERMINATION.—This section shall cease to have 

10 force or effect on June 30, 2025. 

11 TITLE IV—TRANSPORTATION 

12 SERVICES 

13 SEC. 401. ADDITIONAL ASSISTANCE FOR ELIGIBLE PRO14 VIDERS OF TRANSPORTATION SERVICES AF15 FECTED BY COVID–19. 

16 (a) DEFINITIONS.—In this section: 

17 (1) CERTS ACT.—The term ‘‘CERTS Act’’ 

18 means subtitle B of title IV of division N of the 

19 Consolidated Appropriations Act, 2021 (Public Law 

20 116–260). 

21 (2) PROVIDER OF TRANSPORTATION SERV22 ICES.—The term ‘‘provider of transportation serv23 ices’’ has the meaning given the term in section 

24 421(a) of the CERTS Act. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Treasury. 

3 (b) APPROPRIATION.—In addition to amounts other4 wise made available, there is appropriated for fiscal year 

5 2022, out of any money in the Treasury not otherwise ap6 propriated, $2,000,000,000, to remain available until ex7 pended, to provide additional funding for grants under the 

8 CERTS Act. 

9 (c) PAYMENTS.— 

10 (1) ELIGIBLE ENTITIES.—The Secretary shall 

11 provide the funds made available by subsection (b) 

12 to providers of transportation services that— 

13 (A) as of the date of enactment of this 

14 Act— 

15 (i) have been determined to be eligible 

16 under the CERTS Act; and 

17 (ii) are in compliance with the appli18 cable terms and conditions of the CERTS 

19 Act; or 

20 (B) on or after the date of enactment of 

21 this Act, are determined to be eligible under the 

22 terms and conditions described in subparagraph 

23 (A)(ii). 

24 (2) CALCULATION.—A payment provided under 

25 this subsection shall be calculated using the same 


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1 methodology as is used for the distribution of funds 

2 under the CERTS Act. 

3 (3) RETURN OF UNUSED AMOUNTS.—A pro4 vider of transportation services shall return to the 

5 Secretary any funds provided under this subsection 

6 that are not used by the provider of transportation 

7 services by the date that is 1 year after the date of 

8 receipt of the funds. 

9 (d) ADMINISTRATION.— 

10 (1) IN GENERAL.—The Secretary shall have the 

11 authorities provided by the CERTS Act with respect 

12 to the funds made available by subsection (b). 

13 (2) ADMINISTRATIVE EXPENSES.—Of the funds 

14 made available by subsection (b), not more than 

15 $50,000,000 may be used by the Secretary for the 

16 costs of administering this section and the CERTS 

17 Act. 

18 TITLE V—OFFSETS 

19 SEC. 501. OFFSETTING RESCISSIONS. 

20 (a) IN GENERAL.—Of the unobligated balances from 

21 amounts made available under the heading ‘‘Small Busi22 ness Administration—Business Loans Program Account, 

23 CARES Act’’ in section 323(d)(1)(A) of division N of the 

24 Consolidated Appropriations Act, 2021 (Public Law 116– 

25 260; 134 Stat. 2019) for the cost of guaranteed loans as 


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1 authorized under paragraphs (36) and (37) of section 7(a) 

2 of the Small Business Act (15 U.S.C. 636(a)), 

3 $2,982,000,000 are hereby permanently rescinded. 

4 (b) CARES ACT.—Of the unexpended balances re5 maining from amounts made available under the heading 

6 ‘‘Small Business Administration—Business Loans Pro7 gram Account, CARES Act’’ in section 1107(a)(1) of the 

8 Coronavirus Aid, Relief, and Economic Security Act (15 

9 U.S.C. 9006(a)(1)) $1,904,000,000 shall be returned to 

10 the Treasury. 

11 TITLE VI—BUDGETARY EFFECTS 

12 SEC. 601. EMERGENCY DESIGNATION. 

13 (a) IN GENERAL.—The amounts provided under the 

14 this Act and the amendments made by this Act are des15 ignated as an emergency requirement pursuant to section 

16 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 

17 U.S.C. 933(g)). 

18 (b) HOUSE AND SENATE.—This Act and the amend19 ments made by this Act are designated as an emergency 

20 requirement pursuant to subsections (a) and (b) of section 

21 4001 of S. Con. Res. 14 (117th Congress), the concurrent 

22 resolution on the budget for fiscal year 2022. 


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Calendar No. 344 

117TH CONGRESS 

2D SESSION S. 4008 

A BILL 

To provide COVID relief for restaurants, gyms, 

and providers of transportation services. live venue service providers, exclave businesses, minor league sports teams, border businesses, 

APRIL 6, 2022 

Read the second time and placed on the calendar 


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