H.R. 7197 — RESTAURANTS Act of 2020 (IH)

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I 
116TH CONGRESS 
2D SESSION 
H. R. 7197 
To establish a $120,000,000,000 Restaurant Revitalization Fund to provide 
structured relief to food service or drinking establishments through De-
cember 31, 2020, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2020 
Mr. BLUMENAUER (for himself, Mr. FITZPATRICK, Ms. BONAMICI, Mr. 
EVANS, Ms. KUSTER of New Hampshire, Mr. PANETTA, Ms. PINGREE, 
Mr. SMITH of Washington, Mr. WELCH, and Ms. WILD) introduced the 
following bill; which was referred to the Committee on Financial Services, 
and in addition to the Committees on Ways and Means, and the Budget, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To establish a $120,000,000,000 Restaurant Revitalization 
Fund to provide structured relief to food service or drink-
ing establishments through December 31, 2020, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
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This Act may be cited as the ‘‘Real Economic Sup-
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port That Acknowledges Unique Restaurant Assistance 
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Needed To Survive Act of 2020’’ or the ‘‘RES-
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TAURANTS Act of 2020’’. 
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SEC. 2. DEFINITIONS. 
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In this Act: 
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(1) COVERED PERIOD.—The term ‘‘covered pe-
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riod’’ means the period beginning on February 15, 
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2020, and ending on December 31, 2020. 
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(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
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ty’’— 
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(A) means a restaurant, food stand, food 
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truck, food cart, caterer, saloon, inn, tavern, 
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bar, lounge, or other similar place of business— 
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(i) in which the public or patrons as-
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semble for the primary purpose of being 
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served food or drink; and 
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(ii) that, as of March 13, 2020, is not 
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part of a chain or franchise with not less 
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than 20 locations doing business under the 
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same name, regardless of the type of own-
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ership of the locations; and 
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(B) does not include an entity described in 
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subparagraph (A) that is— 
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(i) publicly traded, including a sub-
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sidiary or affiliate thereof; or 
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•HR 7197 IH
(ii) part of a State or local govern-
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ment facility, not including an airport. 
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(3) FUND.—The term ‘‘Fund’’ means the Res-
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taurant Revitalization Fund established under sec-
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tion 3. 
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(4) PAYROLL COSTS.—The term ‘‘payroll costs’’ 
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has the meaning given the term in section 
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7(a)(36)(A) of the Small Business Act (15 U.S.C. 
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636(a)(36)(A)). 
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(5) SECRETARY.—The term ‘‘Secretary’’ means 
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the Secretary of the Treasury. 
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SEC. 3. RESTAURANT REVITALIZATION FUND. 
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(a) IN GENERAL.—There is established in the Treas-
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ury of the United States a fund to be known as the Res-
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taurant Revitalization Fund. 
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(b) APPROPRIATIONS.— 
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(1) IN GENERAL.—There is appropriated to the 
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Fund, out of amounts in the Treasury not otherwise 
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appropriated, $120,000,000,000, to remain available 
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until December 31, 2020. 
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(2) REMAINDER TO TREASURY.—Any amounts 
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remaining in the Fund after December 31, 2020, 
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shall be deposited in the general fund of the Treas-
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ury. 
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(c) USE
OF
FUNDS.—The Secretary shall use 
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amounts in the Fund to make grants described in section 
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4. 
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SEC. 4. RESTAURANT REVITALIZATION GRANTS. 
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(a) IN GENERAL.—The Secretary shall award grants 
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to eligible entities in the order in which the application 
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is received by the Secretary. 
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(b) REGISTRATION.—The Secretary shall register 
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each grant awarded under this section using the employer 
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identification number of the eligible entity. 
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(c) APPLICATION.— 
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(1) IN GENERAL.—An eligible entity desiring a 
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grant under this section shall submit to the Sec-
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retary an application at such time, in such manner, 
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and containing such information as the Secretary 
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may require. 
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(2) CERTIFICATION.—An eligible entity apply-
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ing for a grant under this section shall make a good 
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faith certification— 
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(A) that the uncertainty of current eco-
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nomic conditions makes necessary the grant re-
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quest to support the ongoing operations of the 
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eligible entity; 
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(B) acknowledging that funds will be used 
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to retain workers, maintain payroll, and for 
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other allowable expenses described in subsection 
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(e); 
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(C) that the eligible entity does not have 
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an application pending for a grant under sub-
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section (a)(36) or (b)(2) of section 7 of the 
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Small Business Act (15 U.S.C. 636) for the 
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same purpose and duplicative of amounts ap-
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plied for or received under this section; and 
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(D) during the covered period, that the eli-
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gible entity has not received amounts under 
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subsection (a)(36) or (b)(2) of section 7 of the 
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Small Business Act (15 U.S.C. 636) for the 
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same purpose and duplicative of amounts ap-
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plied for or received under this section. 
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(3) HOLD HARMLESS.—An eligible entity apply-
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ing for a grant under this section shall not be ineli-
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gible for a grant if the eligible entity is able to docu-
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ment— 
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(A) an inability to rehire individuals who 
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were employees of the eligible entity on Feb-
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ruary 15, 2020; and 
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(B) an inability to hire similarly qualified 
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employees for unfilled positions on or before 
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December 31, 2020. 
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(d) PRIORITY IN AWARDING GRANTS.—During the 
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initial 14-day period in which the Secretary awards grants 
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under this section, the Secretary shall— 
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(1) prioritize awarding grants to marginalized 
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and underrepresented communities, with a focus on 
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women and minority-owned and operated eligible en-
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tities; and 
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(2) only award grants to eligible entities with 
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annual revenues of less than $1,500,000. 
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(e) GRANT AMOUNT.— 
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(1) DETERMINATION OF GRANT AMOUNT.— 
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(A) IN GENERAL.—The amount of a grant 
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made to an eligible entity under this section 
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shall be based on the difference in revenues or 
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estimated revenues of the eligible entity during 
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a calendar quarter in 2020 as compared to the 
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same calendar quarter in 2019. 
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(B) VERIFICATION.—An eligible entity 
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shall submit to the Secretary such revenue 
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verification documentation as the Secretary 
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may require to determine the amount of a grant 
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under subparagraph (A). 
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(C) REPAYMENT.—Any amount of a grant 
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made under this section to an eligible entity 
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based on estimated revenues in a calendar quar-
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ter in 2020 that is above the actual revenues of 
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the eligible entity during that calendar quarter 
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shall be converted to a loan that has— 
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(i) an interest rate of 1 percent; and 
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(ii) a maturity date of 10 years begin-
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ning on January 1, 2021. 
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(2) REDUCTION BASED ON PPP FORGIVENESS 
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OR EIDL EMERGENCY GRANT.—If an eligible entity 
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has, at the time of application for a grant under this 
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section, received an emergency grant under section 
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1110(e) of the CARES Act (Public Law 116–136) 
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or loan forgiveness under section 1106 of such Act 
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related to expenses incurred during the covered pe-
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riod, the maximum amount of a grant awarded to 
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the eligible entity under this section shall be reduced 
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by the amount of funds expended by or forgiven for 
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the eligible entity for those expenses using amounts 
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received under such section 1110(e) or forgiven 
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under such section 1106. 
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(3) LIMITATION.—An eligible entity may not re-
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ceive more than 1 grant under this section. 
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(f) USE OF FUNDS.— 
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(1) IN GENERAL.—During the covered period, 
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an eligible entity that receives a grant under this 
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section may use the grant funds for— 
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(A) payroll costs; 
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(B) payments of principal or interest on 
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any mortgage obligation; 
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(C) rent payments, including rent under a 
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lease agreement; 
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(D) utilities; 
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(E) maintenance, including construction to 
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accommodate outdoor seating; 
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(F) supplies, including protective equip-
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ment and cleaning materials; 
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(G) food and beverage; 
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(H) debt obligations to suppliers that were 
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incurred before the covered period; and 
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(I) any other expenses that the Secretary 
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determines to be essential to maintaining the el-
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igible entity. 
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(2) RETURNING FUNDS.—If an eligible entity 
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that receives a grant under this section permanently 
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ceases operations on or before December 31, 2020, 
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the eligible entity shall return to the Treasury any 
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funds that the eligible entity did not use for the al-
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lowable expenses under paragraph (1). 
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(3) 
CONVERSION
TO
LOAN.—Any 
grant 
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amounts received by an eligible entity under this sec-
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•HR 7197 IH
tion that are unused after December 31, 2020, shall 
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be immediately converted to a loan with— 
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(A) an interest rate of 1 percent; and 
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(B) a maturity date of 10 years. 
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(g) TAXABILITY.—For purposes of the Internal Rev-
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enue Code of 1986— 
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(1) the amount of a grant awarded to an eligi-
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ble entity under this section shall be excluded from 
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the gross income of the eligible entity; 
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(2) no deduction shall be denied or reduced, no 
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tax attribute shall be reduced, and no basis increase 
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shall be denied, by reason of the exclusion from 
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gross income provided by subsection; and 
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(3) an eligible entity that receives a grant under 
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this section shall not be eligible for the credit de-
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scribed in section 2301 of the CARES Act (Public 
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Law 116–136). 
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(h) REGULATIONS.—Not later than 15 days after the 
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date of enactment of this Act, the Secretary shall issue 
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regulations to carry out this section without regard to the 
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notice and comment requirements under section 553 of 
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title 5, United States Code. 
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(i) APPROPRIATIONS FOR STAFFING AND ADMINIS-
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TRATIVE EXPENSES.— 
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(1) IN GENERAL.—There is appropriated to the 
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Secretary, out of amounts in the Treasury not other-
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wise appropriated, $300,000,000, to remain avail-
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able until December 31, 2020, for staffing and ad-
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ministrative expenses related to administering grants 
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awarded under this section. 
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(2) SET
ASIDE.—Of amounts appropriated 
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under paragraph (1), $60,000,000 shall be allocated 
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for outreach to traditionally marginalized and under-
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represented communities, with a focus on women, 
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veteran, and minority-owned and operated eligible 
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entities, including the creation of a resource center 
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targeted toward these communities. 
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SEC. 5. EMERGENCY DESIGNATION. 
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(a) IN GENERAL.—The amounts provided by this Act 
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are designated as an emergency requirement pursuant to 
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section 4(g) of the Statutory Pay-As-You-Go Act of 2010 
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(2 U.S.C. 933(g)). 
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(b) DESIGNATION IN SENATE.—In the Senate, this 
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Act is designated as an emergency requirement pursuant 
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to section 4112(a) of H. Con. Res. 71 (115th Congress), 
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the concurrent resolution on the budget for fiscal year 
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2018. 
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Æ 
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