I 
117TH CONGRESS 
1ST SESSION 
H. R. 793 
To establish a $120,000,000,000 Restaurant Revitalization Fund to provide 
structured relief to food service or drinking establishments, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 4, 2021 
Mr. BLUMENAUER (for himself and Mr. FITZPATRICK) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services, 
and in addition to the Committees on Ways and Means, and the Budget, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To establish a $120,000,000,000 Restaurant Revitalization 
Fund to provide structured relief to food service or drink-
ing establishments, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Real Economic Sup-
port That Acknowledges Unique Restaurant Assistance 
Needed To Survive Act of 2021’’ or the ‘‘RES-
TAURANTS Act of 2021’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) AFFILIATED BUSINESS.—The term ‘‘affili-
ated business’’ means a business in which an eligible 
entity has an equity or right to profit distributions 
of not less than 50 percent, or in which an eligible 
entity has the contractual authority to control the 
direction of the business, provided that such affili-
ation shall be determined as of any arrangements or 
agreements in existence as of March 13, 2020. 
(2) COVERED PERIOD.—The term ‘‘covered pe-
riod’’ means the period beginning on February 15, 
2020 and ending on the date that is 8 months after 
the date of enactment of this Act. 
(3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’— 
(A) means a restaurant, food stand, food 
truck, food cart, caterer, saloon, inn, tavern, 
bar, lounge, brewpub, tasting room, taproom, li-
censed facility or premise of a beverage alcohol 
producer where the public may taste, sample, or 
purchase products, or other similar place of 
business in which the public or patrons assem-
ble for the primary purpose of being served food 
or drink; 
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(B) includes an entity described in sub-
paragraph (A) that is located in an airport ter-
minal; and 
(C) does not include an entity described in 
subparagraph (A) that— 
(i) is part of a State or local govern-
ment facility, not including an airport; or 
(ii) as of March 13, 2020, owns or op-
erates (together with any affiliated busi-
ness) more than 20 locations, regardless of 
whether those locations do business under 
the same or multiple names. 
(4) FUND.—The term ‘‘Fund’’ means the Res-
taurant Revitalization Fund established under sec-
tion 3. 
(5) PAYROLL COSTS.—The term ‘‘payroll costs’’ 
has the meaning given the term in section 
7(a)(36)(A) of the Small Business Act (15 U.S.C. 
636(a)(36)(A)). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
SEC. 3. RESTAURANT REVITALIZATION FUND. 
(a) IN GENERAL.—There is established in the Treas-
ury of the United States a fund to be known as the Res-
taurant Revitalization Fund. 
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(b) APPROPRIATIONS.— 
(1) IN GENERAL.—There is appropriated to the 
Fund, out of amounts in the Treasury not otherwise 
appropriated, $120,000,000,000, to remain available 
until the date that is 8 months after the date of en-
actment of this Act. 
(2) REMAINDER TO TREASURY.—Any amounts 
remaining in the Fund after the date that is 8 
months after the date of enactment of this Act shall 
be deposited in the general fund of the Treasury. 
(c) USE
OF
FUNDS.—The Secretary shall use 
amounts in the Fund to make grants described in section 
4. 
SEC. 4. RESTAURANT REVITALIZATION GRANTS. 
(a) IN GENERAL.—The Secretary shall award grants 
to eligible entities in the order in which applications are 
received by the Secretary. 
(b) REGISTRATION.—The Secretary shall register 
each grant awarded under this section using the employer 
identification number of the eligible entity. 
(c) APPLICATION.— 
(1) IN GENERAL.—An eligible entity desiring a 
grant under this section shall submit to the Sec-
retary an application at such time, in such manner, 
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and containing such information as the Secretary 
may require. 
(2) CERTIFICATION.—An eligible entity apply-
ing for a grant under this section shall make a good 
faith certification— 
(A) that the uncertainty of current eco-
nomic conditions makes necessary the grant re-
quest to support the ongoing operations of the 
eligible entity; 
(B) acknowledging that funds will be used 
to retain workers and maintain payroll or for 
other allowable expenses described in subsection 
(e) and not for any other purposes; 
(C) that the eligible entity does not have 
an application pending for a grant under para-
graph (36) or (37) of subsection (a) or sub-
section (b)(2) of section 7 of the Small Busi-
ness Act (15 U.S.C. 636) for the same purpose 
and duplicative of amounts applied for or re-
ceived under this section; and 
(D) that, during the covered period, the el-
igible entity has not received amounts under 
paragraph (36) or (37) of subsection (a) or 
subsection (b)(2) of section 7 of the Small 
Business Act (15 U.S.C. 636) for the same pur-
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pose and duplicative of amounts applied for or 
received under this section. 
(3) HOLD HARMLESS.—An eligible entity apply-
ing for a grant under this section shall not be ineli-
gible for a grant if the eligible entity is able to docu-
ment— 
(A) an inability to rehire individuals who 
were employees of the eligible entity on Feb-
ruary 15, 2020; and 
(B) an inability to hire similarly qualified 
employees for unfilled positions on or before the 
date that is 8 months after the date of enact-
ment of this Act. 
(4) PREVENTION
OF
WASTE, 
FRAUD, 
AND 
ABUSE.—The Secretary may impose requirements on 
applicants for the purpose of reducing waste, fraud, 
and abuse in the application process for a grant 
under this section in a manner that is not unduly 
burdensome on applicants. 
(d) PRIORITY IN AWARDING GRANTS.—During the 
initial 14-day period in which the Secretary awards grants 
under this section, the Secretary shall— 
(1) prioritize awarding grants to marginalized 
and underrepresented communities, with a focus on 
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women, veteran, and minority-owned and operated 
eligible entities; and 
(2) only award grants to eligible entities with 
annual revenues of less than $1,500,000 in 2019. 
(e) GRANT AMOUNT.— 
(1) AGGREGATE MAXIMUM AMOUNT.—The ag-
gregate amount of grants made to an eligible entity 
and any affiliate businesses of the eligible entity 
under this section shall not exceed $10,000,000. 
(2) DETERMINATION OF GRANT AMOUNT.— 
(A) IN GENERAL.—The amount of a grant 
made to an eligible entity under this section 
shall be equal to the revenues of the eligible en-
tity during 2020 subtracted from the revenues 
of the eligible entity in 2019, if such sum is 
greater than zero. 
(B) ELIGIBLE ENTITIES THAT WERE NOT 
OPEN ALL OF 2019.—In the case of an eligible 
entity that was not open during the entirety of 
2019, the amount of a grant made to the eligi-
ble entity under this section shall be— 
(i) equal to the difference between— 
(I) the product obtained by mul-
tiplying the average monthly revenue 
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(i) may request an additional grant 
amount based on the amount required to 
provide 10 days of paid sick leave to each 
employee of the eligible entity to— 
(I) care for themselves or an im-
mediate family member who is ill; or 
(II) provide care for children 
when schools or childcare providers 
are shut down due to COVID–19; and 
(ii) shall, if provided a grant under 
this section that includes an additional 
amount for sick leave described in clause 
(i), provide each employee of the entity 
with such 10 days of paid sick leave. 
(E) VERIFICATION.—An eligible entity 
shall submit to the Secretary such revenue 
verification documentation as the Secretary 
may require to determine the amount of a grant 
under this paragraph. 
(3) NO DUPLICATION OF BENEFITS.—An award 
granted under this section to an eligible entity that 
received a loan under paragraph (36) or (37) of sec-
tion 7(a) of the Small Business Act (15 U.S.C. 
636(a)) shall be reduced by the amount of that loan. 
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(4) LIMITATION.—An eligible entity may not re-
ceive more than 1 grant under this section. 
(f) USE OF FUNDS.— 
(1) IN GENERAL.—During the covered period, 
an eligible entity that receives a grant under this 
section may use the grant funds for the following ex-
penses incurred as a direct result of the COVID–19 
pandemic: 
(A) Payroll costs. 
(B) Payments of principal or interest on 
any mortgage obligation (which shall not in-
clude any prepayment of principal on a mort-
gage obligation). 
(C) Rent payments, including rent under a 
lease agreement (which shall not include any 
prepayment of rent). 
(D) Utilities. 
(E) Maintenance expenses, including— 
(i) construction to accommodate out-
door seating; and 
(ii) walls, floors, deck surfaces, fur-
niture, fixtures, and equipment. 
(F) Supplies, including protective equip-
ment and cleaning materials, as required by ap-
plicable public health departments. 
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(G) Food and beverage expenses that are 
within the scope of the normal business practice 
of the eligible entity before the covered period. 
(H) Debt obligations to suppliers that were 
incurred before the covered period. 
(I) Operational expenses. 
(J) Paid sick leave. 
(K) Any other expenses that the Secretary 
determines to be essential to maintaining the el-
igible entity. 
(2) RETURNING FUNDS.—If an eligible entity 
that receives a grant under this section permanently 
ceases operations on or before the date that is 8 
months after the date of enactment of this Act, the 
eligible entity shall return to the Treasury any funds 
that the eligible entity did not use for the allowable 
expenses under paragraph (1). 
(3) 
CONVERSION
TO
LOAN.—Any 
grant 
amounts received by an eligible entity under this sec-
tion that are unused after the date that is 8 months 
after the date of enactment of this Act shall be im-
mediately converted to a loan with— 
(A) an interest rate of 1 percent; and 
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(B) a maturity date of 10 years beginning 
on the date that is 8 months after the date of 
enactment of this Act. 
(g) TAXABILITY.— 
(1) IN GENERAL.—For purposes of the Internal 
Revenue Code of 1986— 
(A) the amount of a grant awarded to an 
eligible entity under this section shall be ex-
cluded from the gross income of the eligible en-
tity; and 
(B) no deduction shall be denied or re-
duced, no tax attribute shall be reduced, and no 
basis increase shall be denied, by reason of the 
exclusion from gross income provided by sub-
section. 
(2) EMPLOYEE RETENTION TAX CREDIT.—Pay-
roll costs for which grant funds are used under this 
section shall not include qualified wages taken into 
account in determining the credit allowed under sec-
tion 2301 of the CARES Act (Public Law 116–136), 
if the costs are used for different expenses. 
(h) REGULATIONS.—Not later than 15 days after the 
date of enactment of this Act, the Secretary shall issue 
regulations to carry out this section without regard to the 
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notice and comment requirements under section 553 of 
title 5, United States Code. 
(i) APPROPRIATIONS FOR STAFFING AND ADMINIS-
TRATIVE EXPENSES.— 
(1) IN GENERAL.—There is appropriated to the 
Secretary, out of amounts in the Treasury not other-
wise appropriated, $300,000,000, to remain avail-
able until the date that is 8 months after the date 
of enactment of this Act, for staffing and adminis-
trative expenses related to administering grants 
awarded under this section. 
(2) SET
ASIDE.—Of amounts appropriated 
under paragraph (1), $60,000,000 shall be allocated 
for outreach to traditionally marginalized and under-
represented communities, with a focus on women, 
veteran, and minority-owned and operated eligible 
entities, including the creation of a resource center 
targeted toward these communities. 
(j) LIMITATION
WITH
RESPECT
TO
PRIVATE 
FUNDS.— 
(1) DEFINITIONS.—In this subsection: 
(A) AFFILIATE.— 
(i) IN
GENERAL.—The term ‘‘affil-
iate’’ means, with respect to a person, any 
other person directly or indirectly control-
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ling, controlled by, or under direct or indi-
rect common control with the person. 
(ii) 
CONTROL.—For 
purposes 
of 
clause (i), a person shall be deemed to con-
trol another person if the person possesses, 
directly or indirectly, the power to direct or 
cause the direction of the management and 
policies of the other person, whether 
through the ownership of voting securities, 
by contract, or otherwise. 
(B) EXECUTIVE.—The term ‘‘executive’’ 
means— 
(i) any individual who serves an exec-
utive or director of a person, including the 
principal executive officer, principal finan-
cial officer, comptroller or principal ac-
counting officer; and 
(ii) an executive officer, as defined in 
section 230.405 of title 17, Code of Fed-
eral Regulations. 
(C) PRIVATE
FUND.—The term ‘‘private 
fund’’ means an issuer that would be an invest-
ment company, as defined in the Investment 
Company Act of 1940 (15 U.S.C. 80a–1 et 
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seq.), but for paragraph (1) or (7) of section 
3(c) of that Act (15 U.S.C. 80a–3(c)). 
(2) ANTI-EVASION.—No company in which a 
private fund holds an ownership interest that has, 
directly or indirectly, received amounts under this 
section may pay any distributions, dividends, con-
sulting fees, advisory fees, interest payments, or any 
other fees, expenses, or charges in excess of 10 per-
cent of the net operating profits of the company op-
erating profits for the calendar year ending Decem-
ber 31, 2021 (and for each successive year until the 
covered period has ended and all loans created under 
this section have been repaid) to— 
(A) a person registered as an investment 
adviser under the Investment Advisers Act of 
1940 (15 U.S.C. 80b–1 et seq.) who advises a 
private fund; 
(B) any affiliate of such adviser; 
(C) any executive of such adviser or affil-
iate; or 
(D) any employee, consultant, or other per-
son with a contractual relationship to provide 
services for or on behalf of such adviser or affil-
iate. 
(k) DEMOGRAPHIC DATA AND TRANSPARENCY.— 
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(1) DEMOGRAPHIC DATA.—In establishing an 
application process for carrying out this section, the 
Secretary shall include a voluntary request for cer-
tain demographic data with respect to the majority 
ownership of eligible entities, including race, eth-
nicity, gender, and veteran status. 
(2) MONTHLY REPORTS.—Not later than the 
end of the first month in which initial grants are 
disbursed under this section, and every month there-
after until the date on which the last grant has been 
disbursed under this section, the Secretary shall sub-
mit to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on 
Financial Services of the House of Representatives 
a report providing the number and dollar amount of 
grants approved for or disbursed to all eligible enti-
ties, including— 
(A) a list of eligible entities with the grant 
amount received by each eligible entity; and 
(B) a breakout of the number and dollar 
of grants by State, congressional district, demo-
graphics (including race, ethnicity, gender, and 
veteran status), and business type. 
(3) QUARTERLY REPORTS.—Not later than the 
end of the first quarter beginning after the date of 
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enactment of this Act, and every subsequent quarter 
until the last grant that was converted to a loan 
under this section is repaid, the Secretary shall sub-
mit to the Committee on Banking, Housing, and 
Urban Affairs of the Senate and the Committee on 
Financial Services of the House of Representatives 
a report on— 
(A) the number and dollar amount of 
grants approved for or disbursed to all eligible 
entities, including a breakout of grants by 
State, congressional district, demographics (in-
cluding race, ethnicity, gender, and veteran-sta-
tus), and business type; and 
(B) the number and dollar amount of 
grants that converted to loans under this sec-
tion, including a breakout of outstanding loans 
by State, congressional district, demographics 
(including race, ethnicity, gender, and veteran 
status), and business type. 
(4) DATA TRANSPARENCY.—Not later than 30 
days after the date of enactment of this Act, the 
Secretary shall make available on a publicly available 
website in a standardized and downloadable format, 
and update on a monthly basis, any data contained 
in a report submitted under this subsection. 
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SEC. 5. EMERGENCY DESIGNATION. 
(a) IN GENERAL.—The amounts provided by this Act 
are designated as an emergency requirement pursuant to 
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
(2 U.S.C. 933(g)). 
(b) DESIGNATION IN SENATE.—In the Senate, this 
Act is designated as an emergency requirement pursuant 
to section 4112(a) of H. Con. Res. 71 (115th Congress), 
the concurrent resolution on the budget for fiscal year 
2018. 
Æ 
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