[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5769-S5770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2412. Mrs. BLACKBURN (for herself and Mr. Hagerty) submitted an 
amendment intended to be proposed to amendment SA 2137 proposed by Mr. 
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

        At the appropriate place in division I, insert the 
     following:

     SEC. 90___. ADDING SERVICE AND SUPPORT COMPANIES TO THE 
                   SHUTTERED VENUE OPERATORS GRANT PROGRAM.

       (a) In General.--Section 324 of the Economic Aid to Hard-
     Hit Small Businesses, Nonprofits, and Venues Act (title III 
     of division N of Public Law 116-260) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in the matter preceding clause (i), by inserting ``a 
     service and support company,'' after ``theatre operator,'';
       (II) in clause (i)--

       (aa) in the matter preceding subclause (I), by inserting 
     ``the service and support company,'' after ``theatre 
     operator,''; and
       (bb) in subclause (I), by inserting ``a service and support 
     company,'' after ``theatre operator,'';

       (III) in clause (ii)--

       (aa) in subclause (III), by striking ``and'' at the end;
       (bb) in subclause (IV), by adding ``and'' at the end; and
       (cc) by adding at the end the following:

       ``(V) the service and support company is or intends to 
     resume the services and activities described in paragraph 
     (11);''; and
       (IV) in clause (vi), by inserting ``the service and support 
     company,'' after ``theatre operator,'' each place that term 
     appears; and

       (ii) in subparagraph (B), by inserting ``service and 
     support company,'' after ``theatre operator,'' each place 
     that term appears; and
       (B) by adding at the end the following:
       ``(11) Service and support company.--The term `service and 
     support company'--
       ``(A) means an individual or entity--
       ``(i) that is assigned a North American Industry 
     Classification System code of 532490, 541410, 541420, 541430, 
     541490, 561920, 711190, or 711320, as appears on the most 
     recent income tax filing or on the application for a loan 
     under paragraph (36) or (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) of the individual or entity, 
     if applicable; and
       ``(ii) that--

       ``(I)(aa) as a principal business activity, provide stages, 
     lighting, sound, casts, or other support for live performing 
     arts events; and
       ``(bb) for which not less than 70 percent of the earned 
     revenue generated through providing the support described in 
     item (aa) is for live performing arts events organized, 
     promoted, produced, managed, or hosted by an eligible person 
     or entity described in paragraph (1)(A)(iii); or
       ``(II)(aa) showcases performers or pre-packaged productions 
     to potential buyers; and
       ``(bb) for which not less than 70 percent of the earned 
     revenue generated through showcasing performers or pre-
     packaged productions described in item (aa) is for live 
     performing arts events--

       ``(AA) organized, promoted, produced, managed, or hosted by 
     an eligible person or entity described in paragraph 
     (1)(A)(iii); or
       ``(BB) hosted in a hotel or convention center facility;
       ``(B) includes an individual or entity described in 
     subparagraph (A) that--
       ``(i) operates for profit;
       ``(ii) is a nonprofit organization;
       ``(iii) is government-owned; or
       ``(iv) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship; and
       ``(C) does not include--
       ``(i) an individual or entity described in subparagraph (A) 
     that--

       ``(I) employs more than 250 full-time employees; or
       ``(II) is registered or operates outside of the United 
     States; or

       ``(ii) 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).''; and
       (2) in subsection (b)(2)(B), by adding at the end the 
     following:
       ``(iii) Priority for awards to service and support 
     companies.--

       ``(I) First priority in awarding grants.--During the 
     initial 14-day period during which service and support 
     companies are eligible to receive a grant under this 
     paragraph, in making awards to those companies, the 
     Administrator shall only award grants to those companies with 
     revenue during the period beginning on April 1, 2020 and 
     ending on December 31, 2020, that is not more than 10 percent 
     of the revenue of the company during the period beginning on 
     April 1, 2019 and ending on December 31, 2019, due to the 
     COVID-19 pandemic.
       ``(II) Second priority in awarding grants.--During the 14-
     day period immediately following the14-day period described 
     in clause (i), in making awards to service and support 
     companies under this paragraph, the Administrator shall only 
     award grants to those companies with revenue, during the 
     period beginning on April 1, 2020 and ending on December 31, 
     2020, that is not more than 30 percent of the revenue of the 
     company during the period beginning on April 1, 2019 and 
     ending on December 31, 2019, due to the COVID-19 pandemic.''.

       (b) Transfer of Amounts From Coronavirus State and Local 
     Fiscal Recovery Funds to Shuttered Venue Operators Program.--
       (1) Rescission.--Of the unobligated balances of amounts 
     appropriated under sections 602(a)(1) and 603(a) of the 
     Social Security Act (as added by section 9901 of the American 
     Rescue Plan Act of 2021 (Public Law 117-2)) on the date of 
     enactment of this Act, $4,000,000,000 is rescinded, provided 
     that amounts shall be rescinded from the unobligated balance 
     of amounts appropriated under such section 602(a)(1) first, 
     and amounts shall then be rescinded from the unobligated 
     balance of amounts appropriated under such

[[Page S5770]]

     section 603(a) only if the unobligated balance of amounts 
     appropriated under such section 602(a)(1) is less than 
     $4,000,000,000.
       (2) APPROPRIATION.--There is appropriated for an additional 
     amount, out of amounts in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2021, 
     an amount equal to the amount rescinded under paragraph (1), 
     to remain available until December 31, 2021, under the 
     heading ``Small Business Administration--Shuttered Venue 
     Operators'', to make grants to service and support companies 
     under section 324 of the Economic Aid to Hard Hit Small 
     Businesses, Nonprofits, and Venues Act (title III of division 
     N of Public Law 116-260), as amended by subsection (a).
       (c) Processing Previously Denied Applications.--If a 
     service and support company, as defined in paragraph (11) of 
     section 324(a) of the Economic Aid to Hard-Hit Small 
     Businesses, Nonprofits, and Venues Act (title III of division 
     N of Public Law 116-260), as added by subsection (a), was 
     denied a grant under such section before the date of 
     enactment of this Act due to lack of eligibility but, as a 
     result of the amendments made by subsection (a), is eligible 
     for a grant under such section, the Administrator of the 
     Small Business Administration shall reconsider and process 
     the application of the service and support company.
       (d) Regulations.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall issue regulations to carry out 
     this Act and the amendments made by this Act without regard 
     to the notice requirements under section 553(b) of title 5, 
     United States Code.
       (e) Sense of Congress.--It is the sense of Congress that 
     the Administrator of the Small Business Administration 
     should--
       (1) issue guidance to ensure that entities whose principal 
     business is to provide services and support to the live 
     events industry remain eligible for the program established 
     under section 324 of the Economic Aid to Hard Hit Small 
     Businesses, Nonprofits, and Venues Act (title III of division 
     N of Public Law 116-260); and
       (2) distribute funds appropriated for that program not 
     later than 120 days after the date of enactment of this Act.
                                 ______