H.R. 6918 — Paycheck Recovery Act of 2020 (IH)

Record facts

Full text

I 
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. GARCI´A 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. KEN-
NEDY, 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. SCAN-
LON, 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. VELA´ZQUEZ, Mrs. WATSON COLE-
MAN, Mr. WELCH, Mr. KHANNA, Ms. BARRAGA´N, 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 
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•HR 6918 IH
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 Representa-
1
tives of the United States of America in Congress assembled, 
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
3
(a) SHORT TITLE.—This Act may be cited as the 
4
‘‘Paycheck Recovery Act of 2020’’. 
5
(b) TABLE OF CONTENTS.—The table of contents for 
6
this Act is as follows: 
7
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. 
8
(a) PROGRAM AUTHORIZED.—The Secretary of the 
9
Treasury (in this Act referred to as the ‘‘Secretary’’) shall 
10
establish a grant program (in this Act referred to as the 
11
‘‘Program’’) to award grants to carry out the activities 
12
described in subsection (f). 
13
(b) ELIGIBILITY.— 
14
(1) LOSS
OF
REVENUE
AND
SMALL
BUSI-
15
NESSES.— 
16
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(A) LOSS OF REVENUE ELIGIBILITY.—The 
1
Secretary shall award a grant under the Pro-
2
gram to an employer that submits an applica-
3
tion under subsection (c) and has experienced, 
4
or anticipates experiencing, a loss of revenue as 
5
a result of the coronavirus disease 2019 
6
(COVID–19)— 
7
(i) for an employer that is not a new 
8
employer, in an amount that is at least 10 
9
percent of the gross receipts of the em-
10
ployer for the corresponding 2019 period 
11
that relates to the calendar quarter in 
12
which the employer submits such applica-
13
tion; or 
14
(ii) for a new employer, in an amount 
15
that is at least 10 percent of the gross re-
16
ceipts of the new employer for the period 
17
for which the new employer most recently 
18
filed employment tax information with the 
19
Secretary. 
20
(B) SMALL
BUSINESS
ELIGIBILITY.—Re-
21
gardless of whether the employer meets the re-
22
quirements of subparagraph (A), the Secretary 
23
shall award a grant under the Program to an 
24
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•HR 6918 IH
employer that submits an application under 
1
subsection (c) if— 
2
(i) the employer employed 20 or fewer 
3
employees on March 1, 2020; and 
4
(ii) the annual gross receipts of such 
5
employer for 2019 is an amount less than 
6
$3,000,000 or, in the case of a new em-
7
ployer, the projected annual gross receipts 
8
of such new employer (calculated by deter-
9
mining the median amount of gross re-
10
ceipts for the months for which the new 
11
employer has been in existence and multi-
12
plying the amount by 12) is an amount 
13
less than $3,000,000. 
14
(2) INTERACTION WITH OTHER PROGRAMS.— 
15
(A) IN GENERAL.—An employer is not eli-
16
gible to receive a grant under the Program if 
17
the employer is simultaneously receiving assist-
18
ance under— 
19
(i) an employee retention tax credit 
20
pursuant to section 2301 of the CARES 
21
Act (Public Law 116–136); 
22
(ii) the Exchange Stabilization Fund 
23
established under section 5302 of title 31, 
24
United States Code; 
25
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(iii) a covered loan under section 
1
7(a)(36) of the Small Business Act (15 
2
U.S.C. 636(a)(36)); or 
3
(iv) a Main Street Lending Program 
4
of the Federal Reserve System. 
5
(B) CONVERSION
OF
ASSISTANCE
FROM 
6
OTHER PROGRAMS.—The Secretary shall take 
7
such steps as are necessary to establish a proc-
8
ess by which an employer who has received as-
9
sistance under a program specified in subpara-
10
graph (A) may convert such assistance into a 
11
grant under the Program. 
12
(3) STAY-AT-HOME ORDERS.—The existence or 
13
nonexistence of a stay-at-home order issued as a re-
14
sult of COVID–19 by the government of the State 
15
or locality in which an employer operates shall have 
16
no effect on the eligibility of the employer under the 
17
Program. 
18
(c) APPLICATIONS.— 
19
(1) IN GENERAL.—Except as provided in para-
20
graph (2), to receive a grant under the Program, an 
21
eligible employer shall submit to the Secretary an 
22
application in such form, at such time, and con-
23
taining such information the Secretary determines 
24
appropriate, which shall include at a minimum a 
25
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•HR 6918 IH
sworn declaration attesting to any loss of revenue 
1
experienced, or anticipated to be experienced, by the 
2
employer as a result of COVID–19. 
3
(2) SMALL BUSINESSES.— 
4
(A) APPLICATION.—The Secretary shall 
5
not require an employer that is eligible under 
6
subsection (b)(1)(B) to include in an applica-
7
tion for a grant under the Program a sworn 
8
declaration attesting to any loss of revenue ex-
9
perienced, or anticipated to be experienced, by 
10
the employer as a result of COVID-19. 
11
(B) OUTREACH
AND
TECHNICAL
ASSIST-
12
ANCE.—The Secretary shall conduct outreach 
13
and provide technical assistance to small busi-
14
nesses to assist eligible small businesses in ap-
15
plying for grants under the Program. 
16
(d) AMOUNT OF GRANT.— 
17
(1) INITIAL GRANT.—Under the Program, the 
18
Secretary shall provide to an eligible employer an 
19
initial grant in an amount that is equal to the sum 
20
of— 
21
(A) except as provided in paragraph (3) 
22
and subject to paragraph (4)— 
23
(i) for an employer that is not a new 
24
employer, an amount calculated by multi-
25
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•HR 6918 IH
plying the percentage of experienced or an-
1
ticipated loss of revenue attested to in sub-
2
section (c) by the amount of wages pro-
3
vided by the employer to any covered em-
4
ployees or covered former employees during 
5
the corresponding 2019 period that relates 
6
to the period— 
7
(I) beginning on the date that is 
8
the later of March 1, 2020, or the 
9
date on which the employer became el-
10
igible under subsection (b); and 
11
(II) ending on the date that is 90 
12
days after the date on which the Sec-
13
retary provides the initial grant; or 
14
(ii) for a new employer, an amount 
15
calculated by multiplying the percentage of 
16
experienced or anticipated loss of revenue 
17
attested to in subsection (c) by an amount 
18
determined by the Secretary based on the 
19
employment tax information statement 
20
filed with the Secretary by the new em-
21
ployer for the most recent month; and 
22
(B) the amount that is 25 percent of the 
23
amount of wages provided by the employer to 
24
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•HR 6918 IH
any covered employees or covered former em-
1
ployees during— 
2
(i) for an employer that is not a new 
3
employer, the corresponding 2019 period 
4
specified in subparagraph (A)(i); or 
5
(ii) for a new employer, the most re-
6
cent month for which the new employer 
7
filed an employment tax information state-
8
ment with the Secretary. 
9
(2) SUBSEQUENT GRANTS.—With respect to the 
10
first full month beginning 90 days after the date on 
11
which the Secretary provides to an eligible employer 
12
an initial grant under paragraph (1), and each 
13
month thereafter until the date on which the Sec-
14
retary terminates the program, the Secretary shall 
15
provide to such employer a grant in an amount that 
16
is equal to the sum of— 
17
(A) except as provided in paragraph (3) 
18
and subject to paragraph (4)— 
19
(i) for an employer that is not a new 
20
employer, an amount calculated by multi-
21
plying the percentage of experienced or an-
22
ticipated loss of revenue attested to in sub-
23
section (c) by the amount of wages pro-
24
vided by the employer to covered employees 
25
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•HR 6918 IH
and covered former employees during the 
1
corresponding 2019 period that relates to 
2
such month; or 
3
(ii) for a new employer, an amount 
4
calculated by multiplying the percentage of 
5
experienced or anticipated loss of revenue 
6
attested to in subsection (c) by an amount 
7
determined by the Secretary based on the 
8
employment tax information statement 
9
filed with the Secretary by the new em-
10
ployer for the most recent month; and 
11
(B) the amount that is 25 percent of the 
12
amount of the amount of wages provided by the 
13
employer to any covered employees or covered 
14
former employees during— 
15
(i) for an employer that is not a new 
16
employer, the corresponding 2019 period 
17
that relates to such month; or 
18
(ii) for a new employer, the most re-
19
cent month for which the new employer 
20
filed an employment tax information state-
21
ment with the Secretary. 
22
(3) SMALL BUSINESS AMOUNTS.—In calculating 
23
the amount of an initial or subsequent grant under 
24
the Program for an employer that was determined 
25
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•HR 6918 IH
eligible under subsection (b)(1)(B), the Secretary 
1
shall add— 
2
(A) subject to paragraph (4), the amount 
3
of wages provided by the employer to any cov-
4
ered employees or covered former employees 
5
during the period specified in paragraph (1), 
6
for an initial grant, or paragraph (2), for a sub-
7
sequent grant; and 
8
(B) the amount that is 25 percent of the 
9
amount of wages provided by the employer to 
10
any covered employees or covered former em-
11
ployees during such period. 
12
(4) SALARY
LIMITATION.—The amount of 
13
wages (excluding any benefits) provided by an em-
14
ployer to any covered employee or covered former 
15
employee of the employer which may be taken into 
16
account to determine a grant amount under this 
17
subsection shall not exceed $90,000 in annual salary 
18
(excluding any benefits) per employee. 
19
(5) REGULATIONS.—The Secretary may pro-
20
mulgate regulations on the formula for determining 
21
grant amounts pursuant to this subsection. 
22
(e) CONDITION ON ACCEPTANCE OF FUNDS.—Before 
23
accepting grant funds awarded under the Program, an em-
24
ployer shall enter into an agreement with the Secretary, 
25
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•HR 6918 IH
or otherwise certify, as determined appropriate by the Sec-
1
retary, that the employer shall comply with each condition 
2
required under this section and sections 3 and 4. 
3
(f) USE OF FUNDS.—Grant funds awarded under the 
4
Program may only be used as follows: 
5
(1) Grant funds in amounts determined under 
6
paragraphs (1)(A), (2)(A), or (3)(A) of subsection 
7
(d) may be used to pay any covered employees or 
8
covered former employees the amount of wages (sub-
9
ject to the salary limitation in subsection (d)(4)) 
10
provided by the employer to such employees— 
11
(A) for an employer that is not a new em-
12
ployer, during the corresponding 2019 period 
13
(adjusted, in the case of amounts determined 
14
under paragraphs (1)(A) or (2)(A), for the per-
15
centage of experienced or anticipated loss of 
16
revenue attested to in subsection (c)); or 
17
(B) for a new employer, during the cor-
18
responding period for which the employer most 
19
recently filed with the Secretary an employment 
20
tax information statement (adjusted, in the case 
21
of amounts determined under paragraphs 
22
(1)(A) or (2)(A), for the percentage of experi-
23
enced or anticipated loss of revenue attested to 
24
in subsection (c)). 
25
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•HR 6918 IH
(2) Grant funds in amounts determined under 
1
paragraphs (1)(B), (2)(B), or (3)(B) of subsection 
2
(d) may be used to pay fixed expenses of the em-
3
ployer, including expenses relating to rent, utilities, 
4
mortgage payments, costs associated with vehicles or 
5
equipment, and costs necessary to protect against or 
6
minimize the effects of COVID-19, including the 
7
cost of safety equipment. 
8
(g) REPAYMENT OF FUNDS.—If a covered employee 
9
or covered former employee of an employer receiving a 
10
grant under the Program quits or is terminated for cause 
11
during a month for which the employer receives grant 
12
funds, the employer shall be required to repay to the De-
13
partment of Treasury, on a no-interest basis and by the 
14
date that is not later than two years after the date on 
15
which such employee quits or is terminated, the pro rata 
16
grant amount received with respect to the wages of such 
17
employee. 
18
(h) TERMINATION.— 
19
(1) IN GENERAL.—The Secretary shall termi-
20
nate the Program on the date on which the season-
21
ally adjusted unemployment rate has remained below 
22
seven percent, as measured by the Bureau of Labor 
23
Statistics, for three consecutive months. 
24
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•HR 6918 IH
(2) NOTICE
OF
POTENTIAL
TERMINATION.— 
1
The Secretary shall publish in the Federal Register 
2
notice of potential termination of the Program on 
3
any date on which the seasonally adjusted unemploy-
4
ment rate has remained below seven percent, as 
5
measured by the Bureau of Labor Statistics, for two 
6
consecutive months. 
7
SEC. 3. CONDITIONS IN GENERAL. 
8
(a) SHARE REPURCHASES.—An employer receiving a 
9
grant under the Program may not purchase an equity in-
10
terest of the employer on a national securities exchange. 
11
(b) PAYMENTS
TO
SHAREHOLDERS
OR
BOND-
12
HOLDERS.—An employer receiving a grant under the Pro-
13
gram may not use grant funds awarded under the Pro-
14
gram to make any distribution of funds, including stock 
15
dividends, to shareholders or bondholders of the employer. 
16
(c) EXECUTIVE BONUSES.—An employer receiving a 
17
grant under the Program may not award an executive 
18
bonus to an employee of the employer during the period 
19
beginning on the date on which the employer receives an 
20
initial grant under the Program and ending on the date 
21
on which the Secretary terminates the Program. 
22
(d) EXECUTIVE COMPENSATION.—If an employer re-
23
ceiving a grant under the Program employs a chief execu-
24
tive officer, during the period beginning on the date on 
25
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•HR 6918 IH
which the employer receives an initial grant under the Pro-
1
gram and ending on the date on which the Secretary ter-
2
minates the Program, the employer may not provide to 
3
the chief executive officer— 
4
(1) annual wages in excess of the amount that 
5
is— 
6
(A) for an employer that is not a new em-
7
ployer, 50 times the median of the wages pro-
8
vided by the employer to employees of the em-
9
ployer in 2019; or 
10
(B) for a new employer, 50 times the an-
11
nual median of wages provided by the employer 
12
to employees of the employer (calculated by de-
13
termining the median amount of monthly wages 
14
paid during the months for which the new em-
15
ployer has been in existence and multiplying the 
16
amount by 12); and 
17
(2) in the case of termination of employment 
18
with the employer, severance pay or other benefits 
19
relating to the termination in excess of twice the 
20
amount of— 
21
(A) for an employer that is not a new em-
22
ployer, wages provided by the employer to the 
23
chief executive officer in 2019; or 
24
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•HR 6918 IH
(B) for a new employer, the projected an-
1
nual median of wages provided by the employer 
2
to the chief executive officer (calculated by de-
3
termining the median amount of monthly wages 
4
paid during the months for which the new em-
5
ployer has been in existence and multiplying the 
6
amount by 12). 
7
SEC. 4. CONDITIONS RELATING TO LABOR PROTECTIONS. 
8
(a) MAINTENANCE
OF WORKFORCE; COLLECTIVE 
9
BARGAINING.—During the period beginning on the date 
10
on which an employer receives an initial grant under the 
11
Program and ending on the date that is 90 days after the 
12
date on which the Secretary terminates the Program— 
13
(1) the employer shall make a good-faith effort 
14
to rehire and maintain covered former employees 
15
who were employed by the employer on or prior to 
16
March 1, 2020; 
17
(2) the employer shall compensate the covered 
18
former employees rehired and maintained under 
19
paragraph (1) at a level that is not less than the 
20
level of wages received by the covered former em-
21
ployees prior to March 1, 2020; 
22
(3) the employer may not abrogate any collec-
23
tive bargaining agreement entered into by the em-
24
ployer and the authorized representatives of the em-
25
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ployees of the employer and in force on March 1, 
1
2020; 
2
(4) the employer shall remain neutral in any 
3
union organizing effort; and 
4
(5) the employer shall refrain from conducting 
5
involuntary furloughs or reducing pay rates of the 
6
employees of the employer. 
7
(b) WORKING AND TRAVEL CONDITIONS.—For the 
8
duration of the national emergency declared by the Presi-
9
dent under the National Emergencies Act (50 U.S.C. 
10
1601 et seq.) with respect to COVID–19, an employer re-
11
ceiving a grant under the Program shall adhere to guid-
12
ance published by the Director of the Centers for Disease 
13
Control and Prevention and all applicable public health 
14
authorities for providing safe conditions for employees, in-
15
cluding by providing employees with adequate personal 
16
protective equipment and ensuring all facilities owned or 
17
operated by the employer are clean and sanitary. 
18
SEC. 5. APPLICATION OF BANKRUPTCY PROVISIONS. 
19
In the case of an employer receiving a grant under 
20
the Program that is a debtor under title 11 of the United 
21
States Code, S.2518 (115th Cong.) shall be deemed to be 
22
enacted. 
23
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SEC. 6. REHIRING BONUS AND PANDEMIC UNEMPLOYMENT 
1
COMPENSATION. 
2
(a) REHIRING BONUS.—The Secretary may award to 
3
any covered former employee of an employer receiving a 
4
grant under the Program a rehiring bonus in the amount 
5
of $1,500 if the covered former employee— 
6
(1) has been rehired or has otherwise returned 
7
to employment with the employer with the assistance 
8
of such grant; and 
9
(2) earned less than $40,000 in wages in 2019. 
10
(b) DISREGARD OF ADDITIONAL COMPENSATION FOR 
11
PURPOSES
OF MEDICAID
AND CHIP.—The monthly 
12
equivalent of any rehiring bonus paid to a covered former 
13
employee under subsection (a) shall be disregarded when 
14
determining income for any purpose under the programs 
15
established under titles XIX and title XXI of the Social 
16
Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.). 
17
(c) ADDITIONAL REHIRING BONUS.—If the Pan-
18
demic Unemployment Compensation program established 
19
under the Relief for Workers Affected by Coronavirus Act 
20
(title II of division A of Public Law 116–136) continues 
21
after July 31, 2020, a covered former employee that re-
22
ceived a rehiring bonus under subsection (a) shall be eligi-
23
ble for a $1,200 monthly stimulus check for every month 
24
that the Pandemic Unemployment Compensation program 
25
is extended. 
26
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18 
•HR 6918 IH
SEC. 7. AUDITS AND PENALTIES. 
1
(a) AUDITS.—Not later than one year after a grant 
2
is awarded under the Program, the Inspector General of 
3
the Department of Treasury (in this section referred to 
4
as the ‘‘Inspector General’’) shall audit the grant recipient 
5
to determine— 
6
(1) the amount of loss of revenue the grant re-
7
cipient experienced as a result of COVID–19; and 
8
(2) whether any instance of overpayment oc-
9
curred with respect to the grant. 
10
(b) LOSS OF REVENUE.— 
11
(1) IN GENERAL.—Except as provided in para-
12
graph (2), a grant recipient under the Program shall 
13
be required to repay to the Department of Treasury 
14
(on a no-interest basis and by a date determined by 
15
the Secretary that is not later than five years after 
16
the date on which the Secretary terminates the Pro-
17
gram) the total amount of grant funds received 
18
under the Program if, as a result of an audit con-
19
ducted under subsection (a), the Inspector General 
20
determines— 
21
(A) in the case of a grant recipient that is 
22
not a new employer, that the grant recipient did 
23
not experience a decline in gross receipts, dur-
24
ing a calendar year after receiving the grant, in 
25
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19 
•HR 6918 IH
an amount that was at least 10 percent of the 
1
gross receipts of the employer for 2019; or 
2
(B) in the case of a grant recipient that is 
3
a new employer, that the grant recipient did not 
4
experience a decline in gross receipts, during a 
5
period that corresponds with the period for 
6
which the new employer had most recently filed 
7
employment tax information with the Secretary 
8
prior to submitting the grant application under 
9
section 2(c), in an amount that was at least 10 
10
percent of the gross receipts of the new em-
11
ployer for such period. 
12
(2) SMALL BUSINESS EXCEPTION.—A grant re-
13
cipient that was determined eligible for a grant 
14
under the Program pursuant to section 2(b)(1)(B) 
15
shall not be subject to this subsection. 
16
(c) OVERPAYMENT PENALTIES.— 
17
(1) FRAUDULENT OVERPAYMENT.—If, as a re-
18
sult of an audit conducted under subsection (a), the 
19
Inspector General determines that an individual 
20
knowingly has made, or caused to be made by an-
21
other, a false statement or representation of a mate-
22
rial fact, or knowingly has failed, or caused another 
23
to fail, to disclose a material fact, and as a result 
24
of such false statement or representation or of such 
25
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20 
•HR 6918 IH
non-disclosure the individual has received an amount 
1
under the Program to which the individual was not 
2
entitled— 
3
(A) the Inspector General shall notify the 
4
individual of such determination; and 
5
(B) the individual— 
6
(i) shall be ineligible for subsequent 
7
grants under the Program; and 
8
(ii) shall be required to repay to the 
9
Department of Treasury the amount to 
10
which the individual was not entitled by a 
11
date determined by the Secretary that is 
12
not later than two years after the date on 
13
which the Secretary terminates the Pro-
14
gram. 
15
(2) NON-FRAUDULENT OVERPAYMENT.—If, as 
16
a result of an audit conducted under subsection (a), 
17
the Inspector General determines that an individual 
18
has received an amount under the Program to which 
19
the individual was not entitled as the result of an ac-
20
tion that is not specified in paragraph (1)— 
21
(A) the Inspector General shall notify the 
22
individual of such determination; and 
23
(B) the individual shall be required to 
24
repay to the Department of Treasury, on a no- 
25
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21 
•HR 6918 IH
interest basis, the amount to which the indi-
1
vidual was not entitled by the date that is not 
2
later than two years after the date on which the 
3
Inspector General notified the individual under 
4
subparagraph (A). 
5
SEC. 8. PAYCHECK RECOVERY PROGRAM IMPLEMENTA-
6
TION OVERSIGHT BOARD. 
7
(a) ESTABLISHMENT.—There is established in the 
8
legislative branch a Congressional Paycheck Recovery Pro-
9
gram Implementation Oversight Board (in this section re-
10
ferred to as the ‘‘Oversight Board’’). 
11
(b) DUTIES.—The duties of the Oversight Board 
12
shall be to conduct oversight to ensure that an employer 
13
receiving a grant under the Program uses the grant funds 
14
in accordance with section (2)(f) and complies with the 
15
conditions agreed to under section (2)(e). 
16
(c) MEMBERSHIP.— 
17
(1) NUMBER AND APPOINTMENT.—The Over-
18
sight Board shall be composed of 12 members ap-
19
pointed by the Speaker of the House of Representa-
20
tives and the majority leader of the Senate as fol-
21
lows: 
22
(A) Four members of Congress appointed 
23
upon the recommendation of the minority lead-
24
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22 
•HR 6918 IH
ers of the House of Representatives and the 
1
Senate. 
2
(B) Four representatives from the private 
3
sector, including labor unions and management 
4
representatives. 
5
(C) Four representatives from State or 
6
local government. 
7
(2) CHAIRPERSON.—The chairperson of the 
8
Oversight Board shall be a member of the Oversight 
9
Board designated by the Speaker of the House of 
10
Representatives and the majority leader of the Sen-
11
ate. 
12
(3) VICE CHAIRPERSON.—The vice chairperson 
13
of the Oversight Board shall be a member of the 
14
Oversight Board designated by the Speaker of the 
15
House of Representatives and the majority leader of 
16
the Senate upon the recommendation of the minority 
17
leaders of the House of Representatives and the 
18
Senate. 
19
(4) VACANCIES.—A vacancy in the Oversight 
20
Board shall be filled in the same manner in which 
21
the original appointment was made. 
22
(d) ADDITIONAL AUTHORITIES.— 
23
(1) SUBPOENA.—The Oversight Board may 
24
issue subpoenas requiring the attendance and testi-
25
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23 
•HR 6918 IH
mony of witnesses and the production of any evi-
1
dence relating to any matter the Oversight Board is 
2
empowered to investigate under subsection (b). The 
3
attendance of witnesses and the production of evi-
4
dence may be required from any place within the 
5
United States at any designated place of hearing 
6
within the United States. 
7
(2) OBTAINING
OFFICIAL
DATA.—The Over-
8
sight Board may secure directly from the Internal 
9
Revenue Service information necessary to enable it 
10
to carry out this section. Upon request of the Chair-
11
person of the Oversight Board, the Commissioner of 
12
Internal Revenue shall furnish such information to 
13
the Oversight Board. 
14
(e) TERMINATION.—The Oversight Board, and its 
15
authorities under this section, shall terminate on the expi-
16
ration of the 15-day period beginning on the date on which 
17
the Secretary terminates the Program. 
18
SEC. 9. SEVERABILITY. 
19
If any provision of this Act (or the application of such 
20
provision to any person or circumstance) is held invalid, 
21
the remainder of this Act (or the application of such provi-
22
sion to other persons or circumstances) shall not be af-
23
fected. 
24
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24 
•HR 6918 IH
SEC. 10. DEFINITIONS. 
1
In this Act: 
2
(1) AUTHORIZED REPRESENTATIVE.—The term 
3
‘‘authorized representative’’ means an exclusive rep-
4
resentative of employees, designated and authorized 
5
by the employees without interference, influence, or 
6
coercion by an employer of such employees. 
7
(2) CORRESPONDING 2019 PERIOD.—The term 
8
‘‘corresponding 2019 period’’ means, with respect to 
9
a month or period of months, that same month or 
10
period of months in 2019. 
11
(3) COVERED EMPLOYEE.—The term ‘‘covered 
12
employee’’ means an individual— 
13
(A) employed by a grant recipient under 
14
the Program on a full time, part-time, or other 
15
basis; and 
16
(B) who is not receiving unemployment 
17
compensation, Pandemic Unemployment Com-
18
pensation under section 2104 of the CARES 
19
Act (Public Law 116–136), or any other unem-
20
ployment benefit while receiving funds under 
21
the Program. 
22
(4) COVERED FORMER EMPLOYEE.—The term 
23
‘‘covered former employee’’ means an individual— 
24
(A) previously employed by a grant recipi-
25
ent under the Program; 
26
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25 
•HR 6918 IH
(B) who has been furloughed or laid off by 
1
the grant recipient as a result of COVID–19; 
2
and 
3
(C) who is not receiving unemployment 
4
compensation, Pandemic Unemployment Com-
5
pensation under section 2104 of the CARES 
6
Act (Public Law 116–136), or any other unem-
7
ployment benefit while receiving funds under 
8
the Program. 
9
(5) ELIGIBLE SELF-EMPLOYED INDIVIDUAL.— 
10
The term ‘‘eligible self-employed individual’’ has the 
11
meaning given the term in section 7002(b) of the 
12
Families First Coronavirus Response Act (Public 
13
Law 116–127). 
14
(6) EMPLOYER.—The term ‘‘employer’’— 
15
(A) has the meaning given such term in 
16
section 3401 of the Internal Revenue Code of 
17
1986 (26 U.S.C. 3401); and 
18
(B) includes an eligible self-employed indi-
19
vidual. 
20
(7) EXCHANGE.—The term ‘‘exchange’’ has the 
21
meaning given the term in section 3 of the Securities 
22
Exchange Act of 1934 (15 U.S.C. 78c). 
23
(8) NATIONAL
SECURITIES
EXCHANGE.—The 
24
term ‘‘national securities exchange’’ means an ex-
25
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26 
•HR 6918 IH
change registered under section 6 of the Securities 
1
Exchange Act of 1934 (15 U.S.C. 78f). 
2
(9) NEW
EMPLOYER.—The term ‘‘new em-
3
ployer’’ means an employer (including any prede-
4
cessor) that was not in existence for any taxable 
5
year ending before January 1, 2020. 
6
(10) STATE.—The term ‘‘State’’ means each of 
7
the several States, the District of Columbia, Amer-
8
ican Samoa, Guam, the Commonwealth of the 
9
Northern Mariana Islands, the Commonwealth of 
10
Puerto Rico, the Virgin Islands of the United States, 
11
and any other territory or possession of the United 
12
States. 
13
(11) UNEMPLOYMENT
COMPENSATION.—The 
14
term ‘‘unemployment compensation’’ has the mean-
15
ing given such term in section 85 of the Internal 
16
Revenue Code of 1986 (26 U.S.C. 85). 
17
(12) WAGES.—The terms ‘‘wages’’— 
18
(A) has the meaning given such term in 
19
section 3121 of the Internal Revenue Code of 
20
1986 (26 U.S.C. 3121); and 
21
(B) includes any healthcare benefits pro-
22
vided by an employer. 
23
Æ 
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