[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6918 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6918

 To direct the Secretary of the Treasury to establish a grant program 
 for employers adversely affected by COVID-19, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2020

   Ms. Jayapal (for herself, Ms. Stevens, Mr. Schiff, Mr. Casten of 
Illinois, Mr. Pocan, Ms. Porter, Ms. Escobar, Ms. Adams, Ms. Bass, Mrs. 
 Beatty, Mr. Beyer, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, 
 Mr. Brendan F. Boyle of Pennsylvania, Ms. Brownley of California, Mr. 
Castro of Texas, Mr. Carson of Indiana, Ms. Judy Chu of California, Mr. 
  Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. 
   Cleaver, Mr. Cohen, Mr. Connolly, Mr. DeFazio, Ms. DeLauro, Mrs. 
 Dingell, Mr. Espaillat, Mr. Evans, Ms. Fudge, Mr. Garcia of Illinois, 
  Ms. Garcia of Texas, Mr. Grijalva, Ms. Haaland, Mr. Hastings, Mrs. 
   Hayes, Mr. Heck, Mr. Horsford, Ms. Jackson Lee, Mr. Jeffries, Mr. 
Johnson of Georgia, Mr. Kennedy, Mr. Larson of Connecticut, Ms. Lee of 
  California, Mr. Levin of Michigan, Mr. Levin of California, Mr. Ted 
  Lieu of California, Mr. Lowenthal, Mr. Malinowski, Mrs. Carolyn B. 
 Maloney of New York, Mr. McGovern, Ms. Meng, Mr. Morelle, Mr. Nadler, 
 Mrs. Napolitano, Mr. Neguse, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, 
 Mr. Pallone, Ms. Pingree, Ms. Pressley, Mr. Raskin, Mr. Richmond, Ms. 
Roybal-Allard, Mr. Rush, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Ms. 
 Schrier, Ms. Shalala, Mr. Smith of Washington, Mr. Soto, Ms. Speier, 
     Mr. Suozzi, Ms. Tlaib, Mrs. Trahan, Mr. Vargas, Mr. Vela, Ms. 
 Velazquez, Mrs. Watson Coleman, Mr. Welch, Mr. Khanna, Ms. Barragan, 
 Mr. Butterfield, Mr. Clyburn, Ms. Sherrill, Mr. Serrano, Mr. Gonzalez 
 of Texas, Mr. Ryan, Mr. Gallego, and Mrs. Kirkpatrick) introduced the 
   following bill; which was referred to the Committee on Financial 
   Services, and in addition to the Committees on the Judiciary, and 
Energy and Commerce, 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 direct the Secretary of the Treasury to establish a grant program 
 for employers adversely affected by COVID-19, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Paycheck Recovery 
Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Paycheck recovery program.
Sec. 3. Conditions in general.
Sec. 4. Conditions relating to labor protections.
Sec. 5. Application of bankruptcy provisions.
Sec. 6. Rehiring bonus and Pandemic Unemployment Compensation.
Sec. 7. Audits and penalties.
Sec. 8. Paycheck Recovery Program Implementation Oversight Board.
Sec. 9. Severability.
Sec. 10. Definitions.

SEC. 2. PAYCHECK RECOVERY PROGRAM.

    (a) Program Authorized.--The Secretary of the Treasury (in this Act 
referred to as the ``Secretary'') shall establish a grant program (in 
this Act referred to as the ``Program'') to award grants to carry out 
the activities described in subsection (f).
    (b) Eligibility.--
            (1) Loss of revenue and small businesses.--
                    (A) Loss of revenue eligibility.--The Secretary 
                shall award a grant under the Program to an employer 
                that submits an application under subsection (c) and 
                has experienced, or anticipates experiencing, a loss of 
                revenue as a result of the coronavirus disease 2019 
                (COVID-19)--
                            (i) for an employer that is not a new 
                        employer, in an amount that is at least 10 
                        percent of the gross receipts of the employer 
                        for the corresponding 2019 period that relates 
                        to the calendar quarter in which the employer 
                        submits such application; or
                            (ii) for a new employer, in an amount that 
                        is at least 10 percent of the gross receipts of 
                        the new employer for the period for which the 
                        new employer most recently filed employment tax 
                        information with the Secretary.
                    (B) Small business eligibility.--Regardless of 
                whether the employer meets the requirements of 
                subparagraph (A), the Secretary shall award a grant 
                under the Program to an employer that submits an 
                application under subsection (c) if--
                            (i) the employer employed 20 or fewer 
                        employees on March 1, 2020; and
                            (ii) the annual gross receipts of such 
                        employer for 2019 is an amount less than 
                        $3,000,000 or, in the case of a new employer, 
                        the projected annual gross receipts of such new 
                        employer (calculated by determining the median 
                        amount of gross receipts for the months for 
                        which the new employer has been in existence 
                        and multiplying the amount by 12) is an amount 
                        less than $3,000,000.
            (2) Interaction with other programs.--
                    (A) In general.--An employer is not eligible to 
                receive a grant under the Program if the employer is 
                simultaneously receiving assistance under--
                            (i) an employee retention tax credit 
                        pursuant to section 2301 of the CARES Act 
                        (Public Law 116-136);
                            (ii) the Exchange Stabilization Fund 
                        established under section 5302 of title 31, 
                        United States Code;
                            (iii) a covered loan under section 7(a)(36) 
                        of the Small Business Act (15 U.S.C. 
                        636(a)(36)); or
                            (iv) a Main Street Lending Program of the 
                        Federal Reserve System.
                    (B) Conversion of assistance from other programs.--
                The Secretary shall take such steps as are necessary to 
                establish a process by which an employer who has 
                received assistance under a program specified in 
                subparagraph (A) may convert such assistance into a 
                grant under the Program.
            (3) Stay-at-home orders.--The existence or nonexistence of 
        a stay-at-home order issued as a result of COVID-19 by the 
        government of the State or locality in which an employer 
        operates shall have no effect on the eligibility of the 
        employer under the Program.
    (c) Applications.--
            (1) In general.--Except as provided in paragraph (2), to 
        receive a grant under the Program, an eligible employer shall 
        submit to the Secretary an application in such form, at such 
        time, and containing such information the Secretary determines 
        appropriate, which shall include at a minimum a sworn 
        declaration attesting to any loss of revenue experienced, or 
        anticipated to be experienced, by the employer as a result of 
        COVID-19.
            (2) Small businesses.--
                    (A) Application.--The Secretary shall not require 
                an employer that is eligible under subsection (b)(1)(B) 
                to include in an application for a grant under the 
                Program a sworn declaration attesting to any loss of 
                revenue experienced, or anticipated to be experienced, 
                by the employer as a result of COVID-19.
                    (B) Outreach and technical assistance.--The 
                Secretary shall conduct outreach and provide technical 
                assistance to small businesses to assist eligible small 
                businesses in applying for grants under the Program.
    (d) Amount of Grant.--
            (1) Initial grant.--Under the Program, the Secretary shall 
        provide to an eligible employer an initial grant in an amount 
        that is equal to the sum of--
                    (A) except as provided in paragraph (3) and subject 
                to paragraph (4)--
                            (i) for an employer that is not a new 
                        employer, an amount calculated by multiplying 
                        the percentage of experienced or anticipated 
                        loss of revenue attested to in subsection (c) 
                        by the amount of wages provided by the employer 
                        to any covered employees or covered former 
                        employees during the corresponding 2019 period 
                        that relates to the period--
                                    (I) beginning on the date that is 
                                the later of March 1, 2020, or the date 
                                on which the employer became eligible 
                                under subsection (b); and
                                    (II) ending on the date that is 90 
                                days after the date on which the 
                                Secretary provides the initial grant; 
                                or
                            (ii) for a new employer, an amount 
                        calculated by multiplying the percentage of 
                        experienced or anticipated loss of revenue 
                        attested to in subsection (c) by an amount 
                        determined by the Secretary based on the 
                        employment tax information statement filed with 
                        the Secretary by the new employer for the most 
                        recent month; and
                    (B) the amount that is 25 percent of the amount of 
                wages provided by the employer to any covered employees 
                or covered former employees during--
                            (i) for an employer that is not a new 
                        employer, the corresponding 2019 period 
                        specified in subparagraph (A)(i); or
                            (ii) for a new employer, the most recent 
                        month for which the new employer filed an 
                        employment tax information statement with the 
                        Secretary.
            (2) Subsequent grants.--With respect to the first full 
        month beginning 90 days after the date on which the Secretary 
        provides to an eligible employer an initial grant under 
        paragraph (1), and each month thereafter until the date on 
        which the Secretary terminates the program, the Secretary shall 
        provide to such employer a grant in an amount that is equal to 
        the sum of--
                    (A) except as provided in paragraph (3) and subject 
                to paragraph (4)--
                            (i) for an employer that is not a new 
                        employer, an amount calculated by multiplying 
                        the percentage of experienced or anticipated 
                        loss of revenue attested to in subsection (c) 
                        by the amount of wages provided by the employer 
                        to covered employees and covered former 
                        employees during the corresponding 2019 period 
                        that relates to such month; or
                            (ii) for a new employer, an amount 
                        calculated by multiplying the percentage of 
                        experienced or anticipated loss of revenue 
                        attested to in subsection (c) by an amount 
                        determined by the Secretary based on the 
                        employment tax information statement filed with 
                        the Secretary by the new employer for the most 
                        recent month; and
                    (B) the amount that is 25 percent of the amount of 
                the amount of wages provided by the employer to any 
                covered employees or covered former employees during--
                            (i) for an employer that is not a new 
                        employer, the corresponding 2019 period that 
                        relates to such month; or
                            (ii) for a new employer, the most recent 
                        month for which the new employer filed an 
                        employment tax information statement with the 
                        Secretary.
            (3) Small business amounts.--In calculating the amount of 
        an initial or subsequent grant under the Program for an 
        employer that was determined eligible under subsection 
        (b)(1)(B), the Secretary shall add--
                    (A) subject to paragraph (4), the amount of wages 
                provided by the employer to any covered employees or 
                covered former employees during the period specified in 
                paragraph (1), for an initial grant, or paragraph (2), 
                for a subsequent grant; and
                    (B) the amount that is 25 percent of the amount of 
                wages provided by the employer to any covered employees 
                or covered former employees during such period.
            (4) Salary limitation.--The amount of wages (excluding any 
        benefits) provided by an employer to any covered employee or 
        covered former employee of the employer which may be taken into 
        account to determine a grant amount under this subsection shall 
        not exceed $90,000 in annual salary (excluding any benefits) 
        per employee.
            (5) Regulations.--The Secretary may promulgate regulations 
        on the formula for determining grant amounts pursuant to this 
        subsection.
    (e) Condition on Acceptance of Funds.--Before accepting grant funds 
awarded under the Program, an employer shall enter into an agreement 
with the Secretary, or otherwise certify, as determined appropriate by 
the Secretary, that the employer shall comply with each condition 
required under this section and sections 3 and 4.
    (f) Use of Funds.--Grant funds awarded under the Program may only 
be used as follows:
            (1) Grant funds in amounts determined under paragraphs 
        (1)(A), (2)(A), or (3)(A) of subsection (d) may be used to pay 
        any covered employees or covered former employees the amount of 
        wages (subject to the salary limitation in subsection (d)(4)) 
        provided by the employer to such employees--
                    (A) for an employer that is not a new employer, 
                during the corresponding 2019 period (adjusted, in the 
                case of amounts determined under paragraphs (1)(A) or 
                (2)(A), for the percentage of experienced or 
                anticipated loss of revenue attested to in subsection 
                (c)); or
                    (B) for a new employer, during the corresponding 
                period for which the employer most recently filed with 
                the Secretary an employment tax information statement 
                (adjusted, in the case of amounts determined under 
                paragraphs (1)(A) or (2)(A), for the percentage of 
                experienced or anticipated loss of revenue attested to 
                in subsection (c)).
            (2) Grant funds in amounts determined under paragraphs 
        (1)(B), (2)(B), or (3)(B) of subsection (d) may be used to pay 
        fixed expenses of the employer, including expenses relating to 
        rent, utilities, mortgage payments, costs associated with 
        vehicles or equipment, and costs necessary to protect against 
        or minimize the effects of COVID-19, including the cost of 
        safety equipment.
    (g) Repayment of Funds.--If a covered employee or covered former 
employee of an employer receiving a grant under the Program quits or is 
terminated for cause during a month for which the employer receives 
grant funds, the employer shall be required to repay to the Department 
of Treasury, on a no-interest basis and by the date that is not later 
than two years after the date on which such employee quits or is 
terminated, the pro rata grant amount received with respect to the 
wages of such employee.
    (h) Termination.--
            (1) In general.--The Secretary shall terminate the Program 
        on the date on which the seasonally adjusted unemployment rate 
        has remained below seven percent, as measured by the Bureau of 
        Labor Statistics, for three consecutive months.
            (2) Notice of potential termination.--The Secretary shall 
        publish in the Federal Register notice of potential termination 
        of the Program on any date on which the seasonally adjusted 
        unemployment rate has remained below seven percent, as measured 
        by the Bureau of Labor Statistics, for two consecutive months.

SEC. 3. CONDITIONS IN GENERAL.

    (a) Share Repurchases.--An employer receiving a grant under the 
Program may not purchase an equity interest of the employer on a 
national securities exchange.
    (b) Payments to Shareholders or Bondholders.--An employer receiving 
a grant under the Program may not use grant funds awarded under the 
Program to make any distribution of funds, including stock dividends, 
to shareholders or bondholders of the employer.
    (c) Executive Bonuses.--An employer receiving a grant under the 
Program may not award an executive bonus to an employee of the employer 
during the period beginning on the date on which the employer receives 
an initial grant under the Program and ending on the date on which the 
Secretary terminates the Program.
    (d) Executive Compensation.--If an employer receiving a grant under 
the Program employs a chief executive officer, during the period 
beginning on the date on which the employer receives an initial grant 
under the Program and ending on the date on which the Secretary 
terminates the Program, the employer may not provide to the chief 
executive officer--
            (1) annual wages in excess of the amount that is--
                    (A) for an employer that is not a new employer, 50 
                times the median of the wages provided by the employer 
                to employees of the employer in 2019; or
                    (B) for a new employer, 50 times the annual median 
                of wages provided by the employer to employees of the 
                employer (calculated by determining the median amount 
                of monthly wages paid during the months for which the 
                new employer has been in existence and multiplying the 
                amount by 12); and
            (2) in the case of termination of employment with the 
        employer, severance pay or other benefits relating to the 
        termination in excess of twice the amount of--
                    (A) for an employer that is not a new employer, 
                wages provided by the employer to the chief executive 
                officer in 2019; or
                    (B) for a new employer, the projected annual median 
                of wages provided by the employer to the chief 
                executive officer (calculated by determining the median 
                amount of monthly wages paid during the months for 
                which the new employer has been in existence and 
                multiplying the amount by 12).

SEC. 4. CONDITIONS RELATING TO LABOR PROTECTIONS.

    (a) Maintenance of Workforce; Collective Bargaining.--During the 
period beginning on the date on which an employer receives an initial 
grant under the Program and ending on the date that is 90 days after 
the date on which the Secretary terminates the Program--
            (1) the employer shall make a good-faith effort to rehire 
        and maintain covered former employees who were employed by the 
        employer on or prior to March 1, 2020;
            (2) the employer shall compensate the covered former 
        employees rehired and maintained under paragraph (1) at a level 
        that is not less than the level of wages received by the 
        covered former employees prior to March 1, 2020;
            (3) the employer may not abrogate any collective bargaining 
        agreement entered into by the employer and the authorized 
        representatives of the employees of the employer and in force 
        on March 1, 2020;
            (4) the employer shall remain neutral in any union 
        organizing effort; and
            (5) the employer shall refrain from conducting involuntary 
        furloughs or reducing pay rates of the employees of the 
        employer.
    (b) Working and Travel Conditions.--For the duration of the 
national emergency declared by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19, an 
employer receiving a grant under the Program shall adhere to guidance 
published by the Director of the Centers for Disease Control and 
Prevention and all applicable public health authorities for providing 
safe conditions for employees, including by providing employees with 
adequate personal protective equipment and ensuring all facilities 
owned or operated by the employer are clean and sanitary.

SEC. 5. APPLICATION OF BANKRUPTCY PROVISIONS.

    In the case of an employer receiving a grant under the Program that 
is a debtor under title 11 of the United States Code, S.2518 (115th 
Cong.) shall be deemed to be enacted.

SEC. 6. REHIRING BONUS AND PANDEMIC UNEMPLOYMENT COMPENSATION.

    (a) Rehiring Bonus.--The Secretary may award to any covered former 
employee of an employer receiving a grant under the Program a rehiring 
bonus in the amount of $1,500 if the covered former employee--
            (1) has been rehired or has otherwise returned to 
        employment with the employer with the assistance of such grant; 
        and
            (2) earned less than $40,000 in wages in 2019.
    (b) Disregard of Additional Compensation for Purposes of Medicaid 
and CHIP.--The monthly equivalent of any rehiring bonus paid to a 
covered former employee under subsection (a) shall be disregarded when 
determining income for any purpose under the programs established under 
titles XIX and title XXI of the Social Security Act (42 U.S.C. 1396 et 
seq., 1397aa et seq.).
    (c) Additional Rehiring Bonus.--If the Pandemic Unemployment 
Compensation program established under the Relief for Workers Affected 
by Coronavirus Act (title II of division A of Public Law 116-136) 
continues after July 31, 2020, a covered former employee that received 
a rehiring bonus under subsection (a) shall be eligible for a $1,200 
monthly stimulus check for every month that the Pandemic Unemployment 
Compensation program is extended.

SEC. 7. AUDITS AND PENALTIES.

    (a) Audits.--Not later than one year after a grant is awarded under 
the Program, the Inspector General of the Department of Treasury (in 
this section referred to as the ``Inspector General'') shall audit the 
grant recipient to determine--
            (1) the amount of loss of revenue the grant recipient 
        experienced as a result of COVID-19; and
            (2) whether any instance of overpayment occurred with 
        respect to the grant.
    (b) Loss of Revenue.--
            (1) In general.--Except as provided in paragraph (2), a 
        grant recipient under the Program shall be required to repay to 
        the Department of Treasury (on a no-interest basis and by a 
        date determined by the Secretary that is not later than five 
        years after the date on which the Secretary terminates the 
        Program) the total amount of grant funds received under the 
        Program if, as a result of an audit conducted under subsection 
        (a), the Inspector General determines--
                    (A) in the case of a grant recipient that is not a 
                new employer, that the grant recipient did not 
                experience a decline in gross receipts, during a 
                calendar year after receiving the grant, in an amount 
                that was at least 10 percent of the gross receipts of 
                the employer for 2019; or
                    (B) in the case of a grant recipient that is a new 
                employer, that the grant recipient did not experience a 
                decline in gross receipts, during a period that 
                corresponds with the period for which the new employer 
                had most recently filed employment tax information with 
                the Secretary prior to submitting the grant application 
                under section 2(c), in an amount that was at least 10 
                percent of the gross receipts of the new employer for 
                such period.
            (2) Small business exception.--A grant recipient that was 
        determined eligible for a grant under the Program pursuant to 
        section 2(b)(1)(B) shall not be subject to this subsection.
    (c) Overpayment Penalties.--
            (1) Fraudulent overpayment.--If, as a result of an audit 
        conducted under subsection (a), the Inspector General 
        determines that an individual knowingly has made, or caused to 
        be made by another, a false statement or representation of a 
        material fact, or knowingly has failed, or caused another to 
        fail, to disclose a material fact, and as a result of such 
        false statement or representation or of such non-disclosure the 
        individual has received an amount under the Program to which 
        the individual was not entitled--
                    (A) the Inspector General shall notify the 
                individual of such determination; and
                    (B) the individual--
                            (i) shall be ineligible for subsequent 
                        grants under the Program; and
                            (ii) shall be required to repay to the 
                        Department of Treasury the amount to which the 
                        individual was not entitled by a date 
                        determined by the Secretary that is not later 
                        than two years after the date on which the 
                        Secretary terminates the Program.
            (2) Non-fraudulent overpayment.--If, as a result of an 
        audit conducted under subsection (a), the Inspector General 
        determines that an individual has received an amount under the 
        Program to which the individual was not entitled as the result 
        of an action that is not specified in paragraph (1)--
                    (A) the Inspector General shall notify the 
                individual of such determination; and
                    (B) the individual shall be required to repay to 
                the Department of Treasury, on a no-interest basis, the 
                amount to which the individual was not entitled by the 
                date that is not later than two years after the date on 
                which the Inspector General notified the individual 
                under subparagraph (A).

SEC. 8. PAYCHECK RECOVERY PROGRAM IMPLEMENTATION OVERSIGHT BOARD.

    (a) Establishment.--There is established in the legislative branch 
a Congressional Paycheck Recovery Program Implementation Oversight 
Board (in this section referred to as the ``Oversight Board'').
    (b) Duties.--The duties of the Oversight Board shall be to conduct 
oversight to ensure that an employer receiving a grant under the 
Program uses the grant funds in accordance with section (2)(f) and 
complies with the conditions agreed to under section (2)(e).
    (c) Membership.--
            (1) Number and appointment.--The Oversight Board shall be 
        composed of 12 members appointed by the Speaker of the House of 
        Representatives and the majority leader of the Senate as 
        follows:
                    (A) Four members of Congress appointed upon the 
                recommendation of the minority leaders of the House of 
                Representatives and the Senate.
                    (B) Four representatives from the private sector, 
                including labor unions and management representatives.
                    (C) Four representatives from State or local 
                government.
            (2) Chairperson.--The chairperson of the Oversight Board 
        shall be a member of the Oversight Board designated by the 
        Speaker of the House of Representatives and the majority leader 
        of the Senate.
            (3) Vice chairperson.--The vice chairperson of the 
        Oversight Board shall be a member of the Oversight Board 
        designated by the Speaker of the House of Representatives and 
        the majority leader of the Senate upon the recommendation of 
        the minority leaders of the House of Representatives and the 
        Senate.
            (4) Vacancies.--A vacancy in the Oversight Board shall be 
        filled in the same manner in which the original appointment was 
        made.
    (d) Additional Authorities.--
            (1) Subpoena.--The Oversight Board may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter the Oversight 
        Board is empowered to investigate under subsection (b). The 
        attendance of witnesses and the production of evidence may be 
        required from any place within the United States at any 
        designated place of hearing within the United States.
            (2) Obtaining official data.--The Oversight Board may 
        secure directly from the Internal Revenue Service information 
        necessary to enable it to carry out this section. Upon request 
        of the Chairperson of the Oversight Board, the Commissioner of 
        Internal Revenue shall furnish such information to the 
        Oversight Board.
    (e) Termination.--The Oversight Board, and its authorities under 
this section, shall terminate on the expiration of the 15-day period 
beginning on the date on which the Secretary terminates the Program.

SEC. 9. SEVERABILITY.

    If any provision of this Act (or the application of such provision 
to any person or circumstance) is held invalid, the remainder of this 
Act (or the application of such provision to other persons or 
circumstances) shall not be affected.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Authorized representative.--The term ``authorized 
        representative'' means an exclusive representative of 
        employees, designated and authorized by the employees without 
        interference, influence, or coercion by an employer of such 
        employees.
            (2) Corresponding 2019 period.--The term ``corresponding 
        2019 period'' means, with respect to a month or period of 
        months, that same month or period of months in 2019.
            (3) Covered employee.--The term ``covered employee'' means 
        an individual--
                    (A) employed by a grant recipient under the Program 
                on a full time, part-time, or other basis; and
                    (B) who is not receiving unemployment compensation, 
                Pandemic Unemployment Compensation under section 2104 
                of the CARES Act (Public Law 116-136), or any other 
                unemployment benefit while receiving funds under the 
                Program.
            (4) Covered former employee.--The term ``covered former 
        employee'' means an individual--
                    (A) previously employed by a grant recipient under 
                the Program;
                    (B) who has been furloughed or laid off by the 
                grant recipient as a result of COVID-19; and
                    (C) who is not receiving unemployment compensation, 
                Pandemic Unemployment Compensation under section 2104 
                of the CARES Act (Public Law 116-136), or any other 
                unemployment benefit while receiving funds under the 
                Program.
            (5) Eligible self-employed individual.--The term ``eligible 
        self-employed individual'' has the meaning given the term in 
        section 7002(b) of the Families First Coronavirus Response Act 
        (Public Law 116-127).
            (6) Employer.--The term ``employer''--
                    (A) has the meaning given such term in section 3401 
                of the Internal Revenue Code of 1986 (26 U.S.C. 3401); 
                and
                    (B) includes an eligible self-employed individual.
            (7) Exchange.--The term ``exchange'' has the meaning given 
        the term in section 3 of the Securities Exchange Act of 1934 
        (15 U.S.C. 78c).
            (8) National securities exchange.--The term ``national 
        securities exchange'' means an exchange registered under 
        section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
        78f).
            (9) New employer.--The term ``new employer'' means an 
        employer (including any predecessor) that was not in existence 
        for any taxable year ending before January 1, 2020.
            (10) State.--The term ``State'' means each of the several 
        States, the District of Columbia, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, the Commonwealth 
        of Puerto Rico, the Virgin Islands of the United States, and 
        any other territory or possession of the United States.
            (11) Unemployment compensation.--The term ``unemployment 
        compensation'' has the meaning given such term in section 85 of 
        the Internal Revenue Code of 1986 (26 U.S.C. 85).
            (12) Wages.--The terms ``wages''--
                    (A) has the meaning given such term in section 3121 
                of the Internal Revenue Code of 1986 (26 U.S.C. 3121); 
                and
                    (B) includes any healthcare benefits provided by an 
                employer.
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