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(bb) the product obtained by 
multiplying the average monthly 
gross receipts of the eligible enti-
ty in 2020 and 2021 by 12; or 
(II) an amount based on a for-
mula determined by the Adminis-
trator; or 
(iii) if the eligible entity began oper-
ations during the period beginning on Jan-
uary 1, 2020, and ending on the day be-
fore the date of enactment of this section, 
an amount based on a formula determined 
by the Administrator. 
(B) REDUCTION.—For purposes of this 
paragraph, the pandemic-related revenue losses 
for an eligible entity calculated under subpara-
graph (A) shall be reduced by the sum of— 
(i) any amount received from a cov-
ered loan made under paragraph (36) or 
(37) of section 7(a) of the Small Business 
Act (15 U.S.C. 636(a)) in 2020 or 2021; 
(ii) any amount received as a grant 
under section 1110 of the Coronavirus Aid, 
Relief, and Economic Security Act (15 
U.S.C. 9009); and 
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(iii) any amount received as a grant 
under section 331 of the Economic Aid to 
Hard-Hit Small Businesses, Nonprofits, 
and Venues Act (15 U.S.C. 9009b). 
(C) PERCENTAGE
DETERMINATION.—For 
the purposes of determining the percentage of 
pandemic-related revenue loss under this sub-
section, the percentage shall be equal to— 
(i) in the case of an eligible entity for 
which subparagraph (A)(i) applies, the 
product obtained by multiplying— 
(I) the quotient obtained by di-
viding the pandemic-related revenue 
losses for such eligible entity by the 
gross receipts of the eligible entity in 
2019; and 
(II) 100; 
(ii) in the case of an eligible entity for 
which subparagraph (A)(ii)(I) applies, the 
product obtained by multiplying— 
(I) the quotient obtained by di-
viding the pandemic-related revenue 
losses for such eligible entity by the 
product obtained by multiplying the 
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average monthly gross receipts of the 
eligible entity in 2019 by 12; and 
(II) 100; and 
(iii) in the case of an eligible entity 
for which clauses (ii)(II) or (iii) applies, an 
amount based on a formula determined by 
the Administrator. 
(9) PAYROLL COSTS.—The term ‘‘payroll costs’’ 
has the meaning given the term in section 
7(a)(36)(A) of the Small Business Act (15 U.S.C. 
636(a)(36)(A)), except that such term shall not in-
clude— 
(A) qualified wages, as defined in section 
2301(c) of the CARES Act (26 U.S.C. 3111 
note), taken into account in determining the 
credit allowed under such section 2301; or 
(B) premiums taken into account in deter-
mining the credit allowed under section 6432 of 
the Internal Revenue Code of 1986. 
(10) PRIVATE EQUITY FUND.—The term ‘‘pri-
vate equity fund’’ has the meaning given the term 
in section 225.173(a) of title 12, Code of Federal 
Regulations, or any successor regulation. 
(11) PUBLICLY-TRADED COMPANY.—The term 
‘‘publicly-traded company’’ means an entity that is 
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majority owned or controlled by an entity that is an 
issuer, the securities of which are listed on a na-
tional securities exchange under section 6 of the Se-
curities Exchange Act of 1934 (15 U.S.C. 78f). 
(12) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given 
under section 3 of the Small Business Act (15 
U.S.C. 632) and includes— 
(A) individuals who operate under a sole 
proprietorship, as an independent contractor, or 
as an eligible self-employed individual; and 
(B) small business concerns described in 
subparagraphs (B), (C), and (D) of section 
31(b)(2) of the Small Business Act (15 U.S.C. 
657a(b)(2)). 
(13) SMALL BUSINESS ACT DEFINITIONS.—The 
terms ‘‘covered mortgage obligation’’, ‘‘covered oper-
ations expenditure’’, ‘‘covered rent obligation’’, ‘‘cov-
ered supplier cost’’, ‘‘covered utility payment’’, and 
‘‘covered worker protection expenditure’’ have the 
meanings given, respectively, in section 7A of the 
Small Business Act (15 U.S.C. 636m). 
(b) AWARDS TO ELIGIBLE ENTITIES.— 
(1) IN GENERAL.—From amounts made avail-
able under this Act, the Administrator shall estab-
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lish a program to be known as the ‘‘Hard Hit Indus-
tries Award Program’’, under which the Adminis-
trator shall make awards to eligible entities that 
submit an application under paragraph (2). 
(2) APPLICATION.— 
(A) CERTIFICATION.—An eligible entity 
shall submit to the Administrator an applica-
tion for an award under this subsection. In 
such application, the eligible entity shall make 
a good faith certification that— 
(i) the uncertainty of current eco-
nomic conditions makes necessary the 
award request to support the ongoing oper-
ations of the eligible entity; and 
(ii) the eligible entity has no pending 
application for and has not received a 
grant under— 
(I) section 324 of the Economic 
Aid to Hard-Hit Small Businesses, 
Nonprofits, and Venues Act (15 
U.S.C. 9009a); or 
(II) section 5003 of the Amer-
ican Rescue Plan Act of 2021 (15 
U.S.C. 9009c). 
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(B) VERIFICATION.—The Administrator 
shall use tax records or other reliable sources, 
such as certified accounting statements, with 
respect to an applicant for an award under this 
section to determine— 
(i) the eligibility of the applicant for 
that award; and 
(ii) the amount of that award to the 
applicant. 
(C) ACCEPTANCE OF APPLICATIONS.—Not 
later than 120 days after the date of the enact-
ment of this Act, the Administrator shall begin 
accepting applications for an award under this 
subsection. 
(D) PRIORITY.— 
(i) IN GENERAL.—The Administrator 
shall prioritize eligible entities that have 
experienced significant pandemic-related 
revenue loss to receive an award under this 
section as follows: 
(I) First priority to eligible enti-
ties that experienced a pandemic-re-
lated revenue loss of at least 80 per-
cent. 
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(II) Second priority to eligible 
entities that experienced a pandemic- 
related revenue loss of at least 60 per-
cent. 
(ii) SMALLER ENTITIES.—Within each 
category of eligible entities described in 
subclauses (I) through (III) of clause (i), 
the Administrator may prioritize awards to 
eligible entities with 50 employees or 
fewer. 
(iii) ADDITIONAL
PRIORITY.—Within 
each category of eligible entities described 
in subclauses (I) through (III) of clause 
(i), 
the 
Administrator 
may 
prioritize 
awards to eligible entities that did not re-
ceive a covered loan made under paragraph 
(36) or (37) of section 7(a) of the Small 
Business Act (15 U.S.C. 636(a)) in 2020 
or 2021. 
(3) AWARD AMOUNT.— 
(A) AGGREGATE MAXIMUM AMOUNT.—The 
aggregate maximum amount of awards made to 
an eligible entity and any affiliated businesses 
of the eligible entity under this subsection may 
not exceed $1,000,000. 
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(B) 
DETERMINATION
OF
AWARD 
AMOUNT.— 
(i) IN GENERAL.—Except as provided 
in this paragraph, the amount of an award 
made to an eligible entity under this sub-
section shall be equal to the pandemic-re-
lated revenue loss of the eligible entity. 
(ii) RETURN
TO
TREASURY.—Any 
amount of an award made under this sub-
section to an eligible entity described in 
clause (ii) or (iii) of subsection (a)(8)(A) 
that is greater than the average annual 
gross receipts of the eligible entity in 2020 
and 2021 shall be returned to the Treas-
ury. 
(C) INSUFFICIENT
FUNDING.—After se-
lecting award recipients in accordance with 
paragraph (2)(D) and before disbursing any 
awards under this section, if the Administrator 
determines that the amounts made available 
under this Act for making awards under this 
section are insufficient to make awards to each 
eligible entity that submits an application under 
paragraph (2) in the amount described under 
subparagraphs (A) and (B), the Administrator 
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may make awards with the available amounts 
such that the amount of the award that each el-
igible entity would have otherwise received 
under those subparagraphs and in accordance 
with paragraph (2)(D) is reduced by a percent-
age, except that the Administrator may estab-
lish an aggregate maximum amount for awards 
made under this subparagraph and in accord-
ance with paragraph (2)(D) to ensure that 
smaller eligible entities receive awards in the 
amounts provided under those subparagraphs. 
(4) USE OF FUNDS.—During the covered pe-
riod, an eligible entity that receives an award under 
this subsection may use the award for the following 
expenses incurred as a direct result of, or during, 
the COVID–19 pandemic: 
(A) Payroll costs. 
(B) Payments to independent contractors, 
as reported on Form 1099–MISC, except that 
each such payment may not exceed $100,000. 
(C) Scheduled payments of interest or 
principal on any covered mortgage obligation 
(which may not include any prepayment of 
principal on a covered mortgage obligation). 
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(D) Payments on any covered rent obliga-
tion and common area maintenance charges 
under a lease agreement. 
(E) Covered utility payments. 
(F) Maintenance expenses. 
(G) Covered worker protection expendi-
tures. 
(H) Supplies, including protective equip-
ment and cleaning materials. 
(I) Expenses that were within the scope of 
the normal business practice of the eligible enti-
ty before the covered period. 
(J) Covered supplier costs. 
(K) Covered operational expenses. 
(L) Paid sick leave. 
(M) Capital expenditures (or expenses re-
quired under any Federal, State, or local law) 
relating to implementing social distancing meas-
ures. 
(N) Any other essential expenses of the eli-
gible entity, as determined by the Adminis-
trator. 
(5) RETURNING FUNDS.—If an eligible entity 
that receives an award under this section fails to use 
all of the award on or before the last day of the cov-
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ered period or permanently ceases operations on or 
before the last day of the covered period, the eligible 
entity shall return to the Administrator any funds 
that the eligible entity did not use for the allowable 
expenses under paragraph (4). 
(c) DATA TRANSPARENCY
AND CUSTOMER SERV-
ICE.—The Administrator shall— 
(1) in carrying out this section, maintain reg-
ular communication with applicants and representa-
tives of such applicants, including by— 
(A) hosting regularly scheduled informa-
tion sessions with those persons; and 
(B) providing opportunities to those per-
sons to submit and receive answers to questions 
regarding awards made under this section; 
(2) on a weekly basis until the amounts made 
available under this section are fully expended, pub-
lish data that shows, for the period beginning on the 
date of enactment of this Act and ending on the 
date on which the information is published— 
(A) with respect to applications for awards 
under this section, the number of those applica-
tions— 
(i) that the Administrator has re-
ceived; 
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(ii) that the Administrator has re-
viewed or is in the process of reviewing; 
and 
(iii) with respect to which the Admin-
istrator has made a decision; and 
(B) the number and dollar amount of pay-
ments awarded and disbursed under this sec-
tion; 
(3) on a weekly basis until the amounts made 
available to carry out this section are fully expended, 
publish, for the period beginning on the date of en-
actment of this Act and ending on the date on which 
the information is published— 
(A) the name and location of each eligible 
entity to which an award has been made under 
this section; and 
(B) the amount of such award; 
(4) with respect to an applicant that applies for 
an award under this section and is denied by the 
Administrator— 
(A) make available to the applicant a brief 
explanation regarding the denial which shall in-
clude, where applicable, a citation to the stat-
ute, regulation, or guidance with which the ap-
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plicant failed to comply and that was the basis 
for the denial; and 
(B) establish a reconsideration process 
through which the applicant may— 
(i) submit to the Administrator addi-
tional information the applicant determines 
to be relevant to whether the applicant is 
eligible for the grant; and 
(ii) receive a review of the application 
and such additional information submitted 
under clause (i). 
(d) TAX TREATMENT OF AWARDS.— 
(1) IN GENERAL.—For the purposes of the In-
ternal Revenue Code of 1986— 
(A) no award made under this section shall 
be included in the gross income of the eligible 
entity that receives an award; 
(B) no deduction shall be denied, no tax 
attribute shall be reduced, and no basis increase 
shall be denied, by reason of the exclusion from 
gross income provided by subparagraph (A); 
and 
(C) in the case of a partnership or S cor-
poration that receives an award under this sec-
tion— 
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(i) any amount excluded from income 
by reason of subparagraph (A) shall be 
treated as tax exempt for purposes of sec-
tions 705 and 1366 of such Code; and 
(ii) the Secretary of the Treasury (or 
the Secretary’s delegate) shall prescribe 
rules for determining a partner’s distribu-
tive share of any amount described in 
clause (i) for purposes of section 705 of 
such Code. 
(2) APPLICABILITY.—Paragraph (1) shall apply 
to taxable years ending after the date of enactment 
of this Act. 
(e) SYSTEM FOR AWARD MANAGEMENT.—The Ad-
ministrator may not require any eligible entity that applies 
for an award under this section to use the System for 
Award Management (or any successor system) with re-
spect to that award. 
(f) APPLICATION PROCESSING.—The Director of the 
Office of Management and Budget may, on an emergency 
basis and in order to expedite the processing and approval 
of applications for awards under this section, waive the 
requirements of part 200 of title 2, Code of Federal Regu-
lations (or any successor regulations) with respect to an 
award made under this section, if— 
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(1) the Director finds that such a waiver will 
prevent eligible entities from failing or suffering 
undue hardship; and 
(2) each eligible entity that receives an award 
under this section is still required to submit to the 
Administrator ongoing reports regarding the use by 
the eligible entity of the award amounts. 
(g) OVERSIGHT AND AUDITS.— 
(1) IN GENERAL.—In cooperation with the Di-
rector of the Office of Management and Budget, the 
Administrator shall establish an oversight and audit 
plan with respect to eligible entities receiving awards 
under this section, which shall include— 
(A) documentation requirements that are 
consistent with the eligibility and other require-
ments under this section, including a require-
ment that an eligible entity that receives an 
award under this section retains records that 
demonstrate compliance with the requirements 
of this section; and 
(B) reviews of the use, by eligible entities, 
of awards made under this section to ensure 
compliance with the requirements of this sec-
tion, which shall include— 
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(i) a review and audit by the Adminis-
trator of awards made under this section; 
and 
(ii) in the case of fraud or other mate-
rial noncompliance with respect to an 
award made under this section— 
(I) a requirement that the appli-
cable eligible entity repay to the Ad-
ministrator 
the 
amount 
of 
the 
misspent funds; or 
(II) legal action by the Adminis-
trator to collect the misspent funds. 
(2) SUBMISSION OF PLAN.—Not later than 30 
days after the date of the enactment of this Act, the 
Administrator shall submit to the Committee on 
Small Business and Entrepreneurship of the Senate 
and the Committee on Small Business of the House 
of Representatives the plan required under para-
graph (1), which shall describe— 
(A) the policies and procedures of the Ad-
ministrator for conducting oversight and audits 
of awards made under this section; and 
(B) the metrics that the Administrator will 
use to determine which awards made under this 
section will be audited under that plan. 
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(3) REPORTS.—Not later than 60 days after 
the date of the enactment of this Act, once every 30 
days thereafter until the date that is 180 days after 
the date on which all amounts made available to 
carry out this section have been fully expended, and 
upon request thereafter, the Administrator shall sub-
mit to the Committee on Small Business and Entre-
preneurship of the Senate and the Committee on 
Small Business of the House of Representatives a 
report on the oversight and audit activities of the 
Administrator under this subsection, which shall in-
clude— 
(A) the total number of awards approved 
and disbursed under this section; 
(B) the total amount of each award re-
ceived by each eligible entity; 
(C) the number of active investigations and 
audits of awards made under this section; 
(D) the number of completed reviews and 
audits of awards made under this section, in-
cluding a description of any findings of fraud or 
other material noncompliance with the require-
ments of this section; and 
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(E) a description of any substantial 
changes made to the plan required under para-
graph (1). 
(h) RULES.—Not later than 90 days after the date 
of the enactment of this Act, the Administrator shall issue 
rules to carry out this section, without regard to the notice 
requirements under section 553(b) of title 5, United 
States Code. 
(i) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to amounts otherwise available, there is appropriated 
for fiscal year 2022, out of any money in the Treasury 
not otherwise appropriated, $13,000,000,000, for the 
Hard Hit Industries Award Program established under 
this section, to remain available until expended, of which 
not more than $380,000,000 shall be for administrative 
expenses to carry out this section, of which— 
(1) $2,500,000 shall be for the Inspector Gen-
eral of the Small Business Administration to prevent 
waste, fraud, and abuse with respect to funding 
made available for the Hard Hit Industries Award 
Program; 
(2) $2,500,000 shall be for the Department of 
Justice for investigative and prosecutorial activities 
related to fraud and abuse, with respect to funding 
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made available for the Hard Hit Industries Award 
Program; and 
(3) $2,500,000 shall be for shall be for the 
Pandemic Response Accountability Committee with 
respect to funding made available for the Hard Hit 
Industries Award Program. 
SEC. 4. FUNDING FOR THE RESTAURANT REVITALIZATION 
FUND 
AND 
THE 
HARD 
HIT 
INDUSTRIES 
AWARD PROGRAM. 
(a) IN GENERAL.—Any unobligated covered funds 
are hereby transferred to the Administrator of the Small 
Business Administration for purposes of carrying out sec-
tion 5003 of the American Rescue Plan Act of 2021 (15 
U.S.C. 9009c) and the Hard Hit Industries Award Pro-
gram established under section 3 of this Act. 
(b) COVERED FUNDS DEFINED.—In this section, the 
term ‘‘covered funds’’— 
(1) means any and all funds recovered, seized, 
reclaimed, or otherwise returned to the Federal Gov-
ernment received pursuant to— 
(A) paragraph (36) or (37) of section 7(a) 
of the Small Business Act (15 U.S.C. 636(a)); 
(B) section 7(b)(2) of the Small Business 
Act (15 U.S.C. 636(b)), with respect to a loan 
made under such section in response to 
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COVID–19 during the covered period (as de-
fined in section 1110(a) of the CARES Act (15 
U.S.C. 9009(a))); 
(C) section 1110(e) of the CARES Act (15 
U.S.C. 9009(e)); 
(D) section 331 of the Economic Aid to 
Hard-Hit Small Businesses, Nonprofits, and 
Venues Act (15 U.S.C. 9009b); 
(E) section 324 of the Economic Aid to 
Hard-Hit Small Businesses, Nonprofits, and 
Venues Act (15 U.S.C. 9009a); 
(F) section 5003 of the American Rescue 
Plan Act of 2021 (15 U.S.C. 9009c); 
(G) section 3 of this Act; 
(2) includes any funds that as of December 31, 
2022, are unexpended under section 5003 of the 
American Rescue Plan Act of 2021 (15 U.S.C. 
9009c); and 
(3) does not include funds paid by person to the 
Federal Government for the purposes of tax obliga-
tions, servicing of loans, or standard payment of 
fees. 
SEC. 5. GRANTS FOR SHUTTERED VENUE OPERATORS. 
Section 324(d) of the Economic Aid to Hard-Hit 
Small Businesses, Nonprofits, and Venues Act (15 U.S.C. 
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9009a(d)) is amended by striking paragraph (1) and in-
serting the following: 
‘‘(1) TIMING.— 
‘‘(A) EXPENSES INCURRED.—Amounts re-
ceived under a grant under this section may be 
used for costs incurred during the period begin-
ning on March 1, 2020, and ending on March 
11, 2023 (or a later date, as determined by the 
Administrator). 
‘‘(B) EXPENDITURE.—An eligible person 
or entity shall return to the Administrator any 
amounts received under a grant under this sec-
tion that are not expended on or before April 
15, 2023 (or a later date, as determined by the 
Administrator), with respect to costs incurred 
during the period described in subparagraph 
(A).’’. 
Passed the House of Representatives April 7, 2022. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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Calendar No. 387 
117TH CONGRESS 
2D SESSION 
H. R. 3807 
AN ACT 
To amend the American Rescue Plan Act of 2021 
to increase appropriations to the Restaurant Re-
vitalization Fund, and for other purposes. 
MAY 25, 2022 
Read the second time and placed on the calendar 
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