II 

117TH CONGRESS 

2D SESSION S. 4282 

To provide COVID relief for restaurants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 19 (legislative day, MAY 17), 2022 

Mr. PORTMAN introduced the following bill; which was read twice and referred 

to the Committee on Small Business and Entrepreneurship 

A BILL 

To provide COVID relief for restaurants, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restaurant Relief 

5 Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—RESTAURANT REVITALIZATION FUND REPLENISHMENT 

AND IMPROVEMENTS 

Sec. 101. Appropriation. 

Sec. 102. Insufficient funding. 

Sec. 103. Data transparency and customer service. 


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Sec. 104. Oversight and audits. 

Sec. 105. Requirement of continuing operation. 

TITLE II—EXTENSION OF SUSPENSION OF REBATE RULE 

Sec. 201. Extension of moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates. 

TITLE III—BUDGETARY EFFECTS 

Sec. 301. Emergency designation. 

1 TITLE I—RESTAURANT REVITAL2 IZATION FUND REPLENISH3 MENT AND IMPROVEMENTS 

4 SEC. 101. APPROPRIATION. 

5 Section 5003 of the American Rescue Plan Act of 

6 2021 (15 U.S.C. 9009c) is amended— 

7 (1) in subsection (b)(2)— 

8 (A) in subparagraph (A)— 

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

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

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

12 than $250,000,000 shall be for administra13 tive expenses to carry out this section and 

14 of which $20,000,000 shall be for the In15 spector General of the Small Business Ad16 ministration for audits of grants under this 

17 section to investigate fraud and to identify 

18 improper payments and ineligible recipi19 ents, and for other necessary expenses of 


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1 the Office of the Inspector General’’ before 

2 the period at the end; and 

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

4 ‘‘$23,600,000,000’’ and inserting ‘‘any remain5 ing amounts not used for a purpose authorized 

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

7 subparagraph’’; and 

8 (2) in subsection (c)— 

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

10 paragraph (3)’’; and 

11 (B) by striking paragraph (3). 

12 SEC. 102. INSUFFICIENT FUNDING. 

13 Section 5003 of the American Rescue Plan Act of 

14 2021 (15 U.S.C. 9009c) is amended by adding at the end 

15 the following: 

16 ‘‘(d) INSUFFICIENT FUNDING.— 

17 ‘‘(1) IN GENERAL.—If the Administrator deter18 mines that the amounts made available to carry out 

19 this section are insufficient to make grants in the 

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

21 entity that has submitted an application in accord22 ance with the program guidelines in effect on the 

23 day before the date of enactment of this subsection, 

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


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1 Administrator shall make grants with the available 

2 amounts to each such eligible applicant— 

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

4 that each such eligible entity would have other5 wise received under this section is reduced by 

6 an equal percentage; 

7 ‘‘(B) by establishing a maximum amount 

8 for a grant made under this subsection to en9 sure that smaller eligible entities still receive 

10 grants in the amounts provided under sub11 section (c)(4); or 

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

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

14 a certain threshold (as the Administrator may 

15 establish) and reducing grants above that 

16 threshold by an equal percentage. 

17 ‘‘(2) RESERVING FUNDS.—Nothing in para18 graph (1) shall prevent the Administrator from— 

19 ‘‘(A) reserving funding for applicants that 

20 may be determined to be eligible for a grant 

21 under this section upon reconsideration; or 

22 ‘‘(B) making partial awards to eligible en23 tities on a preliminary basis until the amount of 

24 funding required to fund grants to all eligible 


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1 applicants is established, upon the completion 

2 of the reconsideration process.’’. 

3 SEC. 103. DATA TRANSPARENCY AND CUSTOMER SERVICE. 

4 Section 5003 of the American Rescue Plan Act of 

5 2021 (15 U.S.C. 9009c), as amended by section 102 of 

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

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

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

9 made available to carry out this section are fully ex10 pended, publish data that shows, for the period be11 ginning on the date on which the Administrator 

12 began making grants under this section and ending 

13 on the date on which the information is published— 

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

15 under this section, the number of those applica16 tions— 

17 ‘‘(i) that the Administrator has re18 ceived; 

19 ‘‘(ii) that the Administrator has re20 viewed or is in the process of reviewing; 

21 and 

22 ‘‘(iii) with respect to which the Ad23 ministrator has made a decision; and 

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

25 grants under this section— 


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1 ‘‘(i) that have been awarded; and 

2 ‘‘(ii) that have been disbursed; 

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

4 available to carry out this section are fully expended, 

5 publish, with respect to the period beginning on the 

6 date of enactment of this subsection and ending on 

7 the date on which the information is published— 

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

9 which a grant is made under this section— 

10 ‘‘(i) the name of the eligible entity, in11 cluding the name or names under which 

12 the eligible entity does business if that 

13 name is different from the name of the eli14 gible entity; and 

15 ‘‘(ii) the address of— 

16 ‘‘(I) the eligible entity; and 

17 ‘‘(II) the physical location or lo18 cations for the eligible entity listed on 

19 the application, if different from the 

20 address of the eligible entity; 

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

22 in subparagraph (A); and 

23 ‘‘(C) the business category listed in sub24 section (a)(4)(A) to which the eligible entity be25 longs; and 


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

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

3 Administrator— 

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

5 brief explanation identifying the reason why the 

6 Administrator denied the application of the ap7 plicant, which shall include, where applicable, a 

8 citation to the statutory, regulatory, or guid9 ance provision with which the applicant failed 

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

11 and 

12 ‘‘(B) establish a reconsideration process 

13 through which the applicant may— 

14 ‘‘(i) submit to the Administrator addi15 tional information the applicant determines 

16 to be relevant to whether the applicant is 

17 eligible for the grant; 

18 ‘‘(ii) challenge the decision of the Ad19 ministrator; and 

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

21 application submitted by the applicant.’’. 

22 SEC. 104. OVERSIGHT AND AUDITS. 

23 Section 5003 of the American Rescue Plan Act of 

24 2021 (15 U.S.C. 9009c), as amended by section 103 of 

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


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1 ‘‘(f) OVERSIGHT AND AUDITS.— 

2 ‘‘(1) IN GENERAL.—The Administrator shall in3 stitute an oversight and audit plan with respect to 

4 eligible entities receiving grants under this section, 

5 which shall include— 

6 ‘‘(A) documentation requirements that are 

7 consistent with the eligibility and other require8 ments under this section, including by requiring 

9 an eligible entity that receives a grant under 

10 this section to retain records that demonstrate 

11 compliance with those requirements; and 

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

13 of grants made under this section to ensure 

14 compliance with the requirements of this sec15 tion, which shall include— 

16 ‘‘(i) the review and audit, by the Ad17 ministrator, of grants made under this sec18 tion; and 

19 ‘‘(ii) in the case of fraud or other ma20 terial noncompliance with respect to a 

21 grant made under this section— 

22 ‘‘(I) a requirement that the appli23 cable eligible entity repay to the Ad24 ministrator the amount of the 

25 misspent funds; or 


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1 ‘‘(II) the pursuit, by the Admin2 istrator, of legal action to collect the 

3 misspent funds. 

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

5 days after the date of enactment of this subsection, 

6 the Administrator shall submit to the Committee on 

7 Small Business and Entrepreneurship of the Senate 

8 and the Committee on Small Business of the House 

9 of Representatives the plan required under para10 graph (1), which shall describe— 

11 ‘‘(A) the policies and procedures of the Ad12 ministrator for conducting oversight and audits 

13 of grants made under this section; and 

14 ‘‘(B) the metrics that the Administrator 

15 will use to determine which grants made under 

16 this section will be audited under that plan. 

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

18 the date of enactment of this subsection, and once 

19 every 30 days thereafter until the date that is 180 

20 days after the date on which all amounts made avail21 able to carry out this section have been fully ex22 pended, and upon request thereafter, the Adminis23 trator shall submit to the Committee on Small Busi24 ness and Entrepreneurship of the Senate and the 

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1 resentatives a report on the oversight and audit ac2 tivities of the Administrator under this subsection, 

3 which shall include— 

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

5 and disbursed under this section; 

6 ‘‘(B) the total amount of each grant re7 ceived by each eligible entity; 

8 ‘‘(C) the number of active investigations 

9 and audits of grants made under this section; 

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

11 audits of grants made under this section, in12 cluding a description of— 

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

14 material noncompliance with the require15 ments of this section; 

16 ‘‘(ii) questionable costs identified by 

17 the Administrator; and 

18 ‘‘(iii) the total amount recouped from 

19 ineligible recipients; and 

20 ‘‘(E) a description of any substantial 

21 changes made to the plan required under para22 graph (1). 

23 ‘‘(4) RETROACTIVE APPLICATION.—This sub24 section shall apply to grants and decisions made 


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1 under this section before, on, or after the date of en2 actment of this subsection.’’. 

3 SEC. 105. REQUIREMENT OF CONTINUING OPERATION. 

4 For any application for a grant under section 5003 

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

6 9009c) that is pending on the date of enactment of this 

7 Act or for which the applicant has received an award no8 tice but the Administrator of the Small Business Adminis9 tration has not disbursed amounts under the grant, the 

10 Administrator may not disburse amounts under the grant 

11 unless the applicant submits a statement to the Adminis12 trator indicating the applicant is still operating, or intends 

13 to reopen not later than 180 days after the date on which 

14 the statement is submitted, the applicable place of busi15 ness. 

16 TITLE II—EXTENSION OF 

17 SUSPENSION OF REBATE RULE 

18 SEC. 201. EXTENSION OF MORATORIUM ON IMPLEMENTA19 TION OF RULE RELATING TO ELIMINATING 

20 THE ANTI-KICKBACK STATUTE SAFE HARBOR 

21 PROTECTION FOR PRESCRIPTION DRUG RE22 BATES. 

23 Section 90006 of division I of the Infrastructure In24 vestment and Jobs Act (42 U.S.C. 1320a–7b note) is 


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1 amended by striking ‘‘January 1, 2026’’ and inserting 

2 ‘‘January 1, 2028’’. 

3 TITLE III—BUDGETARY EFFECTS 

4 SEC. 301. EMERGENCY DESIGNATION. 

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

6 this Act and the amendments made by this Act are des7 ignated as an emergency requirement pursuant to section 

8 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 

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

10 (b) HOUSE AND SENATE.—This Act and the amend11 ments made by this Act are designated as an emergency 

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

13 4001 of S. Con. Res. 14 (117th Congress), the concurrent 

14 resolution on the budget for fiscal year 2022. 

Æ 


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