[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3807 Engrossed in House (EH)]

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117th CONGRESS
  2d Session
                                H. R. 3807

_______________________________________________________________________

                                 AN ACT


 
       To amend the American Rescue Plan Act of 2021 to increase 
  appropriations to the Restaurant Revitalization Fund, 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.

    This Act may be cited as the ``Relief for Restaurants and other 
Hard Hit Small Businesses Act of 2022''.

SEC. 2. RESTAURANT REVITALIZATION GRANTS.

    (a) Appropriation.--Section 5003(b)(2) of the American Rescue Plan 
Act of 2021 (15 U.S.C. 9009c(b)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``$28,600,000,000'' and inserting 
                ``$70,600,000,000''; and
                    (B) by inserting ``, of which not more than 
                $420,000,000 shall be for administrative expenses to 
                carry out this section, and of which $7,500,000 shall 
                be for the Inspector General of the Small Business 
                Administration, $7,500,000 for the Department of 
                Justice for investigative and prosecutorial activities 
                related to fraud and abuse, and $7,500,000 for Pandemic 
                Response Accountability Committee, for audits of grants 
                under this section to investigate fraud and to identify 
                improper payments and ineligible recipients, and for 
                other necessary expenses'' before the period at the 
                end; and
            (2) in subparagraph (B)(i)(II), by striking 
        ``$23,600,000,000'' and inserting ``any remaining amounts not 
        used for a purpose authorized under subparagraph (A) or clause 
        (i) of this subparagraph''.
    (b) Insufficient Funding.--Section 5003 of the American Rescue Plan 
Act of 2021 (15 U.S.C. 9009c) is amended by adding at the end the 
following:
    ``(d) Insufficient Funding.--
            ``(1) In general.--If the Administrator determines that the 
        amounts made available to carry out this section are 
        insufficient to make grants in the amount provided in 
        subsection (c)(4) to each eligible entity that has submitted an 
        application in accordance with the program guidelines in effect 
        on the day before the date of enactment of this subsection, but 
        has not received an award as of such date, the Administrator 
        shall make grants with the available amounts to each such 
        eligible applicant--
                    ``(A) such that the amount of the grant that each 
                such eligible entity would have otherwise received 
                under this section is reduced by an equal percentage;
                    ``(B) by establishing a maximum amount for a grant 
                made under this subsection to ensure that smaller 
                eligible entities still receive grants in the amounts 
                provided under subsection (c)(4); or
                    ``(C) by providing full awards in the amounts 
                provided under subsection (c)(4) below a certain 
                threshold (as the Administrator may establish) and 
                reducing grants above that threshold by an equal 
                percentage.
            ``(2) Reserving funds.--Nothing in paragraph (1) shall 
        prevent the Administrator from--
                    ``(A) reserving funding for applicants that may be 
                determined to be eligible for a grant under this 
                section upon reconsideration; or
                    ``(B) making partial awards to eligible entities on 
                a preliminary basis until the amount of funding 
                required to fund grants to all eligible applicants is 
                established, upon the completion of the reconsideration 
                process.''.
    (c) Reports; Reconsideration; Verification of Business Type.--
Section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c), 
as amended by subsection (b), is further amended by adding at the end 
the following:
    ``(e) Reports.--The Administrator shall--
            ``(1) on a biweekly basis until the amounts made available 
        to carry out this section are fully expended, publish data that 
        shows, for the period beginning on the date on which the 
        Administrator began making grants under this section and ending 
        on the date on which the information is published--
                    ``(A) with respect to applications for grants under 
                this section, the number of those applications--
                            ``(i) that the Administrator has received;
                            ``(ii) that the Administrator has reviewed 
                        or is in the process of reviewing; and
                            ``(iii) with respect to which the 
                        Administrator has made a decision; and
                    ``(B) the number and dollar amount of grants under 
                this section--
                            ``(i) that have been awarded; and
                            ``(ii) that have been disbursed;
            ``(2) on a weekly basis until the amounts made available to 
        carry out this section are fully expended, publish, with 
        respect to the period beginning on the date of enactment of 
        this subsection and ending on the date on which the information 
        is published--
                    ``(A) with respect to each eligible entity to which 
                a grant is made under this section--
                            ``(i) the name of the eligible entity, 
                        including the name or names under which the 
                        eligible entity does business if that name is 
                        different from the name of the eligible entity; 
                        and
                            ``(ii) the address of--
                                    ``(I) the eligible entity; and
                                    ``(II) the physical location or 
                                locations for the eligible entity 
                                listed on the application, if different 
                                from the address of the eligible 
                                entity;
                    ``(B) the amount of each grant described in 
                subparagraph (A); and
                    ``(C) the business category listed in subsection 
                (a)(4)(A) to which the eligible entity belongs.
    ``(f) Reconsideration.--
            ``(1) Explanation for denial.--With respect to an applicant 
        that applies for a grant under this section and is denied by 
        the Administrator, the Administrator shall make available to 
        the applicant a brief explanation identifying the reason why 
        the Administrator denied the application of the applicant, 
        which shall include, where applicable, a citation to the 
        statutory, regulatory, or guidance provision with which the 
        applicant failed to comply and that was the basis for the 
        denial.
            ``(2) Process.--The Administrator shall establish a 
        reconsideration process through which the applicant may--
                    ``(A) submit to the Administrator additional 
                information the applicant determines to be relevant to 
                whether the applicant is eligible for the grant; and
                    ``(B) receive a review of the application and such 
                additional information submitted under subparagraph 
                (A).
    ``(g) Verification of Business Type.--If the Administrator verifies 
that an applicant for a loan under section 7(a)(36) of the Small 
Business Act is not an eligible business type for a grant under this 
section using credible information other than information obtained from 
the application of the applicant for such loan during 2020, the 
Administrator may reject the application solely on those grounds.''.
    (d) Requirement of Continuing Operation.--For any application for a 
grant under section 5003 of the American Rescue Plan Act of 2021 (15 
U.S.C. 9009c) that is pending on the date of enactment of this Act or 
for which the applicant has received an award notice but the 
Administrator has not disbursed amounts under the grant, the 
Administrator may not disburse amounts under the grant unless the 
applicant submits a statement to the Administrator indicating the 
applicant is still operating, or intends to reopen within 6 months 
after the date of the statement is submitted, the place of business for 
which such applicant is seeking such grant.
    (e) Oversight and Audits.--Section 5003 of the American Rescue Plan 
Act of 2021 (15 U.S.C. 9009c), as amended by subsection (c), is further 
amended by adding at the end the following:
    ``(h) Oversight and Audits.--
            ``(1) In general.--The Administrator shall institute an 
        oversight and audit plan with respect to eligible entities 
        receiving grants under this section, which shall include--
                    ``(A) documentation requirements that are 
                consistent with the eligibility and other requirements 
                under this section, including by requiring an eligible 
                entity that receives a grant under this section to 
                retain records that demonstrate compliance with those 
                requirements; and
                    ``(B) reviews of the use of grants made under this 
                section by eligible entities.
            ``(2) Submission of plan.--Not later than 30 days after the 
        date of enactment of this subsection, 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 paragraph (1), which 
        shall describe--
                    ``(A) the policies and procedures of the 
                Administrator for conducting oversight and audits of 
                grants made under this section; and
                    ``(B) the metrics that the Administrator will use 
                to determine which grants made under this section will 
                be audited under that plan.
            ``(3) Reports.--Not later than 60 days after the date of 
        enactment of this subsection, and 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 submit to the Committee on Small Business and 
        Entrepreneurship 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 include--
                    ``(A) the total number of grants approved and 
                disbursed under this section;
                    ``(B) the total amount of each grant received by 
                each eligible entity;
                    ``(C) the number of active investigations and 
                audits of grants made under this section;
                    ``(D) the number of completed reviews and audits of 
                grants made under this section, including a description 
                of--
                            ``(i) any findings of fraud or other 
                        material noncompliance with the requirements of 
                        this section; and
                            ``(ii) the total amount recouped from 
                        ineligible recipients; and
                    ``(E) a description of any substantial changes made 
                to the plan required under paragraph (1).
            ``(4) Retroactive application.--This subsection shall apply 
        to grants and decisions made under this section before, on, or 
        after the date of enactment of this subsection.''.

SEC. 3. HARD HIT INDUSTRIES AWARD PROGRAM.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business Administration.
            (2) Affiliated business.--The term ``affiliated business'' 
        means a business in which an eligible entity--
                    (A) has an equity or right to receive not less than 
                50 percent of the profit distributions of such 
                business; or
                    (B) has, on or before March 13, 2020, contractual 
                authority to control the business.
            (3) Award.--The term ``award'' means a financial assistance 
        payment that an eligible applicant receives directly from the 
        Small Business Administration.
            (4) Covered period.--The term ``covered period'' means the 
        period beginning on February 15, 2020, and ending on the later 
        of--
                    (A) March 31, 2023; or
                    (B) a date to be determined by the Administrator 
                that is not later than 2 years after the date of 
                enactment of this section.
            (5) Eligible entity.--The term ``eligible entity''--
                    (A) means a small business concern that--
                            (i) employs not more than 200 employees; 
                        and
                            (ii) suffered a pandemic-related revenue 
                        loss of 40 percent or greater; and
                    (B) does not include a small business concern 
                that--
                            (i) is a State or local government-operated 
                        business;
                            (ii) has 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 American 
                                Rescue Plan Act of 2021 (Public Law 
                                117-2);
                            (iii) is a publicly-traded company;
                            (iv) is an entity that is owned or operated 
                        by a private equity fund; or
                            (v) has a wage violation at the time of 
                        application.
            (6) Eligible self-employed individual.--The term ``eligible 
        self-employed individual'' has the meaning given in section 
        7002(b) of the Families First Coronavirus Response Act (26 
        U.S.C. 1401 note).
            (7) Exchange; issuer; security.--The terms ``exchange'', 
        ``issuer'', and ``security'' have the meanings given those 
        terms, respectively, in section 3(a) of the Securities Exchange 
        Act of 1934 (15 U.S.C. 78c(a)).
            (8) Pandemic-related revenue loss.--
                    (A) In general.--The term ``pandemic-related 
                revenue loss'' means, subject to subparagraph (B) and 
                with respect to an eligible entity--
                            (i) except as provided in clauses (ii) and 
                        (iii), the average annual gross receipts during 
                        2020 and 2021, as established using such 
                        verification documentation as the Administrator 
                        may require, of the eligible entity subtracted 
                        from the gross receipts of the eligible entity 
                        in 2019, if such sum is greater than zero;
                            (ii) if the eligible entity was not in 
                        operation for the entirety of 2019--
                                    (I) the difference between--
                                            (aa) the product obtained 
                                        by multiplying the average 
                                        monthly gross receipts of the 
                                        eligible entity in 2019 by 12; 
                                        and
                                            (bb) the product obtained 
                                        by multiplying the average 
                                        monthly gross receipts of the 
                                        eligible entity in 2020 and 
                                        2021 by 12; or
                                    (II) an amount based on a formula 
                                determined by the Administrator; or
                            (iii) if the eligible entity began 
                        operations during the period beginning on 
                        January 1, 2020, and ending on the day before 
                        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 subparagraph (A) shall be reduced by 
                the sum of--
                            (i) any amount received from 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;
                            (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
                            (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 subsection, 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 
                                dividing 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 
                                dividing the pandemic-related revenue 
                                losses for such eligible entity by the 
                                product obtained by multiplying the 
                                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 include--
                    (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 determining the 
                credit allowed under section 6432 of the Internal 
                Revenue Code of 1986.
            (10) Private equity fund.--The term ``private 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 majority owned or controlled 
        by an entity that is an issuer, the securities of which are 
        listed on a national securities exchange under section 6 of the 
        Securities 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 operations expenditure'', 
        ``covered rent obligation'', ``covered 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 available under this 
        Act, the Administrator shall establish a program to be known as 
        the ``Hard Hit Industries Award Program'', under which the 
        Administrator 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 application for an award under 
                this subsection. In such application, the eligible 
                entity shall make a good faith certification that--
                            (i) the uncertainty of current economic 
                        conditions makes necessary the award request to 
                        support the ongoing operations 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 American 
                                Rescue Plan Act of 2021 (15 U.S.C. 
                                9009c).
                    (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 enactment 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 
                                entities that experienced a pandemic-
                                related revenue loss of at least 80 
                                percent.
                                    (II) Second priority to eligible 
                                entities that experienced a pandemic-
                                related revenue loss of at least 60 
                                percent.
                            (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 receive 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.
                    (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 subsection shall be 
                        equal to the pandemic-related revenue loss of 
                        the eligible entity.
                            (ii) Return to treasury.--Any amount of an 
                        award made under this subsection 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 Treasury.
                    (C) Insufficient funding.--After selecting 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 may make 
                awards with the available amounts such that the amount 
                of the award that each eligible entity would have 
                otherwise received under those subparagraphs and in 
                accordance with paragraph (2)(D) is reduced by a 
                percentage, except that the Administrator may establish 
                an aggregate maximum amount for awards made under this 
                subparagraph and in accordance 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 period, 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).
                    (D) Payments on any covered rent obligation and 
                common area maintenance charges under a lease 
                agreement.
                    (E) Covered utility payments.
                    (F) Maintenance expenses.
                    (G) Covered worker protection expenditures.
                    (H) Supplies, including protective equipment and 
                cleaning materials.
                    (I) Expenses that were within the scope of the 
                normal business practice of the eligible entity before 
                the covered period.
                    (J) Covered supplier costs.
                    (K) Covered operational expenses.
                    (L) Paid sick leave.
                    (M) Capital expenditures (or expenses required 
                under any Federal, State, or local law) relating to 
                implementing social distancing measures.
                    (N) Any other essential expenses of the eligible 
                entity, as determined by the Administrator.
            (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 covered 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 Service.--The Administrator 
shall--
            (1) in carrying out this section, maintain regular 
        communication with applicants and representatives of such 
        applicants, including by--
                    (A) hosting regularly scheduled information 
                sessions with those persons; and
                    (B) providing opportunities to those persons 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, publish 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 applications--
                            (i) that the Administrator has received;
                            (ii) that the Administrator has reviewed or 
                        is in the process of reviewing; and
                            (iii) with respect to which the 
                        Administrator has made a decision; and
                    (B) the number and dollar amount of payments 
                awarded and disbursed under this section;
            (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 enactment 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 include, 
                where applicable, a citation to the statute, 
                regulation, or guidance with which the applicant 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 additional 
                        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 Internal 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 corporation 
                that receives an award under this section--
                            (i) any amount excluded from income by 
                        reason of subparagraph (A) shall be treated as 
                        tax exempt for purposes of sections 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 distributive 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 Administrator 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 respect 
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 Regulations (or any successor regulations) with respect to an 
award made under this section, if--
            (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 Director 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 requirements under this 
                section, including a requirement 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 section, which shall 
                include--
                            (i) a review and audit by the Administrator 
                        of awards made under this section; and
                            (ii) in the case of fraud or other material 
                        noncompliance with respect to an award made 
                        under this section--
                                    (I) a requirement that the 
                                applicable eligible entity repay to the 
                                Administrator the amount of the 
                                misspent funds; or
                                    (II) legal action by the 
                                Administrator 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 paragraph (1), which 
        shall describe--
                    (A) the policies and procedures of the 
                Administrator 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.
            (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 submit to 
        the Committee on Small Business and Entrepreneurship 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 
        include--
                    (A) the total number of awards approved and 
                disbursed under this section;
                    (B) the total amount of each award received 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, including a description 
                of any findings of fraud or other material 
                noncompliance with the requirements of this section; 
                and
                    (E) a description of any substantial changes made 
                to the plan required under paragraph (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 addition 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 General 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 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 section 5003 of the American Rescue Plan 
Act of 2021 (15 U.S.C. 9009c) and the Hard Hit Industries Award Program 
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 Government 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 COVID-19 during the covered 
                period (as defined 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 obligations, 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. 9009a(d)) is amended by striking 
paragraph (1) and inserting the following:
            ``(1) Timing.--
                    ``(A) Expenses incurred.--Amounts received under a 
                grant under this section may be used for costs incurred 
                during the period beginning 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 section 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:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 3807

_______________________________________________________________________

                                 AN ACT

       To amend the American Rescue Plan Act of 2021 to increase 
  appropriations to the Restaurant Revitalization Fund, and for other 
                               purposes.