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15 U.S.C. 9009a (U.S. Code, current edition)

Summary

The U.S. Code text of 15 U.S.C. § 9009a, Grants for shuttered venue operators, in Title 15—Commerce and Trade, with a note quoting the targeted EIDL advance provision of Pub. L. 117–2, § 5002, of Mar. 11, 2021. It defines an eligible person or entity as a live venue operator or promoter, theatrical producer, live performing arts organization operator, relevant museum operator, motion picture theatre operator or talent representative meeting listed requirements. These include being fully operational on February 29, 2020 and gross earned revenue in a 2020 quarter showing not less than a 25 percent reduction. A motion picture theatre must have at least 1 auditorium with a motion picture screen and fixed audience seating.

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Cite this document

“15 U.S.C. 9009a (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9009a-u-s-code-current-edition-e98ea12fd5/, SHA-256 9d0c7ec646d18fd0573943dfaab2f70bd4ddeb6bfc4c7d95e905d612207a4228.

Full text

Page 2485                              TITLE 15—COMMERCE AND TRADE                                                   § 9009a

  (9) Statute of limitations                                       of the Economic Aid to Hard-Hit Small Businesses,
                                                                   Nonprofits, and Venues Act (title III of division N of
    Notwithstanding any other provision of law,                    Public Law 116–260) [15 U.S.C. 9009b(a)].
  any criminal charge or civil enforcement ac-                     ‘‘(b) APPROPRIATIONS.—In addition to amounts other-
  tion alleging that a borrower engaged in fraud                 wise available, there is appropriated to the Adminis-
  with respect to the use of an advance received                 trator for fiscal year 2021, out of any money in the
  under this subsection shall be filed not later                 Treasury not otherwise appropriated, $15,000,000,000—
  than 10 years after the offense was committed.                      ‘‘(1) to remain available until expended; and
                                                                      ‘‘(2) of which, the Administrator shall use—
(Pub. L. 116–136, div. A, title I, § 1110, Mar. 27,                      ‘‘(A) $10,000,000,000 to make payments to covered
2020, 134 Stat. 306; Pub. L. 116–139, div. A, § 101(b),               entities that have not received the full amounts to
                                                                      which the covered entities are entitled under sec-
(c), Apr. 24, 2020, 134 Stat. 620, 621; Pub. L.
                                                                      tion 331 of the Economic Aid to Hard-Hit Small
116–260, div. N, title III, §§ 332, 333(c), Dec. 27,                  Businesses, Nonprofits, and Venues Act (title III of
2020, 134 Stat. 2045, 2046; Pub. L. 117–165, § 2(b),                  division N of Public Law 116–260) [15 U.S.C. 9009b];
Aug. 5, 2022, 136 Stat. 1363.)                                        and
                                                                         ‘‘(B) $5,000,000,000 to make payments under sec-
                      Editorial Notes                                 tion 1110(e) of the CARES Act (15 U.S.C. 9009(e)),
                                                                      each of which shall be—
                       CODIFICATION                                         ‘‘(i) made to a covered entity that—
  Section is comprised of section 1110 of Pub. L. 116–136.                     ‘‘(I) has suffered an economic loss of greater
Subsec. (f) of section 1110 of Pub. L. 116–136 amended                      than 50 percent; and
section 636 of this title.                                                     ‘‘(II) employs not more than 10 employees;
                                                                            ‘‘(ii) in an amount that is $5,000; and
                       AMENDMENTS                                           ‘‘(iii) with respect to the covered entity to
                                                                         which the payment is made, in addition to any
   2022—Subsec. (e)(9). Pub. L. 117–165 added par. (9).
                                                                         payment made to the covered entity under sec-
   2020—Subsec. (a)(1). Pub. L. 116–260, § 332(1), sub-
                                                                         tion 1110(e) of the CARES Act (15 U.S.C. 9009(e)) or
stituted ‘‘December 31, 2021’’ for ‘‘December 31, 2020’’.
   Subsec. (a)(2)(F). Pub. L. 116–139, § 101(c), added sub-              section 331 of the Economic Aid to Hard-Hit
par. (F).                                                                Small Businesses, Nonprofits, and Venues Act
   Subsec. (d)(1), (2). Pub. L. 116–260, § 332(2), added pars.           (title III of division N of Public Law 116–260).’’
(1) and (2) and struck out former pars. (1) and (2) which        CLARIFICATION OF TAX TREATMENT OF CERTAIN LOAN
read as follows:                                                  FORGIVENESS AND OTHER BUSINESS FINANCIAL AS-
   ‘‘(1) approve an applicant based solely on the credit           SISTANCE
score of the applicant and shall not require an appli-
cant to submit a tax return or a tax return transcript             Advance described in subsec. (e) of this section not
for such approval; or                                            included in gross income of recipient, see section 278 of
   ‘‘(2) use alternative appropriate methods to deter-           div. N of Pub. L. 116–260, set out as a note under section
mine an applicant’s ability to repay.’’                          9008 of this title.
   Subsec. (e)(1). Pub. L. 116–260, § 332(3)(A), designated               REPEAL OF EIDL ADVANCE DEDUCTION
existing provisions as subpar. (A), inserted heading,
struck out ‘‘within 3 days after the Administrator re-             Pub. L. 116–260, div. N, title III, § 333(a), (e), Dec. 27,
ceives an application from such applicant’’ after ‘‘to           2020, 134 Stat. 2046, 2047, provided that:
                                                                   ‘‘(a) DEFINITIONS.—In this section [amending this sec-
such applicant’’, and added subpar. (B).
                                                                 tion and enacting provisions set out as notes under this
   Subsec. (e)(6). Pub. L. 116–260, § 333(c), struck out par.
                                                                 section]—
(6). Text read as follows: ‘‘If an applicant that receives
                                                                      ‘‘(1) the term ‘covered entity’ means an entity that
an advance under this subsection transfers into, or is
                                                                   receives an advance under section 1110(e) of the
approved for, the loan program under section 636(a) of
                                                                   CARES Act (15 U.S.C. 9009(e)), including an entity
this title, the advance amount shall be reduced from
                                                                   that received such an advance before the date of en-
the loan forgiveness amount for a loan for payroll costs
                                                                   actment of this Act [Dec. 27, 2020]; and
made under such section 636(a) of this title.’’                       ‘‘(2) the term ‘covered period’ has the meaning
   Subsec. (e)(7). Pub. L. 116–260, § 332(3)(B), substituted       given the term in section 1110(a)(1) of the CARES Act
‘‘$40,000,000,000’’ for ‘‘$20,000,000,000’’.                       (15 U.S.C. 9009(a)(1)), as amended by section 332 of this
   Pub. L. 116–139, § 101(b), substituted ‘‘$20,000,000,000’’      Act [div. N of Pub. L. 116–260].
for ‘‘$10,000,000,000’’.                                           ‘‘(e) RULEMAKING.—
   Subsec. (e)(8). Pub. L. 116–260, § 332(3)(C), substituted          ‘‘(1) IN GENERAL.—Not later than 15 days after the
‘‘December 31, 2021’’ for ‘‘December 31, 2020’’.                   date of enactment of this Act [Dec. 27, 2020], the Ad-
                                                                   ministrator [of the Small Business Administration]
       Statutory Notes and Related Subsidiaries                    shall issue rules that ensure the equal treatment of
          EFFECTIVE DATE OF 2020 AMENDMENT                         all covered entities with respect to the amendment
                                                                   made by subsection (c) [amending this section],
  Pub. L. 116–260, div. N, title III, § 333(d), Dec. 27, 2020,     which shall include consideration of covered entities
134 Stat. 2046, provided that: ‘‘The amendment made by             that, before the date of enactment of this Act, com-
subsection (c) [amending this section] shall be effective          pleted the loan forgiveness process described in sec-
as if included in the CARES Act (Public Law 116–136;               tion 1110(e)(6) of the CARES Act (15 U.S.C. 9009(e)(6)),
134 Stat. 281).’’                                                  as in effect before that date of enactment.
  Except as otherwise provided, amendment by Pub. L.                  ‘‘(2) NOTICE AND COMMENT.— The notice and com-
116–260 effective on Dec. 27, 2020, and applicable to loans        ment requirements under section 553 of title 5, United
and grants made on or after Dec. 27, 2020, see section 348         States Code, shall not apply with respect to the rules
of Pub. L. 116–260, set out as a note under section 636 of         issued under paragraph (1).’’
this title.
                                                                 § 9009a. Grants for shuttered venue operators
                TARGETED EIDL ADVANCE
                                                                 (a) Definitions
  Pub. L. 117–2, title V, § 5002, Mar. 11, 2021, 135 Stat. 85,
provided that:                                                     In this section:
  ‘‘(a) DEFINITIONS.—In this section—                              (1) Eligible person or entity
     ‘‘(1) the term ‘Administrator’ means the Adminis-
                                                                     (A) In general
  trator of the Small Business Administration; and
     ‘‘(2) the terms ‘covered entity’ and ‘economic loss’              The term ‘‘eligible person or entity’’
  have the meanings given the terms in section 331(a)                means a live venue operator or promoter,
§ 9009a                        TITLE 15—COMMERCE AND TRADE                             Page 2486

   theatrical producer, or live performing arts           (ff) A box office manager.
   organization operator, a relevant museum             (IV) There is a paid ticket or cover
   operator, a motion picture theatre operator,       charge to attend most performances and
   or a talent representative that meets the          artists are paid fairly and do not play for
   following requirements:                            free or solely for tips, except for fund-
       (i) The live venue operator or promoter,
                                                      raisers or similar charitable events.
     theatrical producer, or live performing            (V) For a venue owned or operated by
     arts organization operator, the relevant         a nonprofit entity that produces free
     museum operator, the motion picture the-         events, the events are produced and man-
     atre operator, or the talent representa-         aged primarily by paid employees, not
     tive—                                            by volunteers.
          (I) was fully operational as a live
                                                        (VI)   Performances      are   marketed
       venue operator or promoter, theatrical
                                                      through listings in printed or electronic
       producer, or live performing arts organi-
                                                      publications, on websites, by mass email,
       zation operator, a relevant museum op-
                                                      or on social media.
       erator, a motion picture theatre oper-
       ator, or a talent representative on Feb-        (iv) A motion picture theatre or motion
       ruary 29, 2020; and                           picture theatres operated by the motion
          (II) has gross earned revenue during       picture theatre operator have the fol-
       the first, second, third, or, only with re-   lowing characteristics:
       spect to an application submitted on or           (I) At least 1 auditorium that includes
       after January 1, 2021, fourth quarter in        a motion picture screen and fixed audi-
       2020 that demonstrates not less than a 25       ence seating.
       percent reduction from the gross earned           (II) A projection booth or space con-
       revenue of the live venue operator or           taining not less than 1 motion picture
       promoter, theatrical producer, or live          projector.
       performing arts organization operator,            (III) A paid ticket charge to attend ex-
       the relevant museum operator, the mo-           hibition of motion pictures.
       tion picture theatre operator, or the tal-        (IV) Motion picture exhibitions are
       ent representative during the same quar-        marketed through showtime listings in
       ter in 2019.                                    printed or electronic publications, on
                                                       websites, by mass mail, or on social
       (ii) As of the date of the grant under this     media.
     section—
          (I) the live venue operator or pro-          (v) The relevant museum or relevant mu-
       moter, theatrical producer, or live per-      seums for which the relevant museum op-
       forming arts organization operator is or      erator is seeking a grant under this sec-
       intends to resume organizing, pro-            tion have the following characteristics:
       moting, producing, managing, or hosting           (I) Serving as a relevant museum as its
       future live events described in paragraph       principal business activity.
       (3)(A)(i);                                        (II) Indoor exhibition spaces that are a
          (II) the motion picture theatre oper-        component of the principal business ac-
       ator is open or intends to reopen for the       tivity and which have been subjected to
       primary purpose of public exhibition of         pandemic-related      occupancy   restric-
       motion pictures;                                tions.
          (III) the relevant museum operator is          (III) At least 1 auditorium, theater, or
       open or intends to reopen; or                   performance or lecture hall with fixed
          (IV) the talent representative is rep-       audience seating and regular program-
       resenting or managing artists and enter-        ming.
       tainers.                                        (vi)(I) The live venue operator or pro-
       (iii) The venues at which the live venue      moter, theatrical producer, or live per-
     operator or promoter, theatrical producer,      forming arts organization operator, the
     or live performing arts organization oper-      relevant museum operator, the motion pic-
     ator promotes, produces, manages, or            ture theatre operator, or the talent rep-
     hosts events described in paragraph             resentative does not have, or is not major-
     (3)(A)(i) or the artists and entertainers       ity owned or controlled by an entity with,
     represented or managed by the talent rep-       any of the following characteristics:
     resentative perform have the following              (aa) Being an issuer, the securities of
     characteristics:                                  which are listed on a national securities
          (I) A defined performance and audience       exchange.
       space.                                            (bb) Receiving more than 10 percent of
          (II) Mixing equipment, a public address      gross revenue from Federal funding dur-
       system, and a lighting rig.                     ing 2019, excluding amounts received by
          (III) Engages 1 or more individuals to       the live venue operator or promoter, the-
       carry out not less than 2 of the following      atrical producer, or live performing arts
       roles:                                          organization operator, the relevant mu-
            (aa) A sound engineer.                     seum operator, the motion picture the-
            (bb) A booker.                             atre operator, or the talent representa-
            (cc) A promoter.                           tive under the Robert T. Stafford Dis-
            (dd) A stage manager.                      aster Relief and Emergency Assistance
            (ee) Security personnel.                   Act (42 U.S.C. 5121 et seq.).
Page 2487                       TITLE 15—COMMERCE AND TRADE                                     § 9009a

       (II) The live venue operator or promoter,        under subparagraph (A) and that is not de-
     theatrical producer, or live performing            scribed in subparagraph (B) shall be treated
     arts organization operator, the relevant           by the Administrator as an independent,
     museum operator, the motion picture the-           non-affiliated entity for the purposes of this
     atre operator, or the talent representative        section.
     does not have, or is not majority owned or       (2) Exchange; issuer; security
     controlled by an entity with, more than 2
                                                        The terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘secu-
     of the following characteristics:
                                                      rity’’ have the meanings given those terms in
         (aa) Owning or operating venues, rel-
                                                      section 78c(a) of this title.
       evant museums, motion picture theatres,
       or talent agencies or talent management        (3) Live venue operator or promoter, theatrical
       companies in more than 1 country.                  producer, or live performing arts organiza-
         (bb) Owning or operating venues, rel-            tion operator
       evant museums, motion picture theatres,          The term ‘‘live venue operator or promoter,
       or talent agencies or talent management        theatrical producer, or live performing arts or-
       companies in more than 10 States.              ganization operator’’—
         (cc) Employing more than 500 employ-             (A) means—
       ees as of February 29, 2020, determined               (i) an individual or entity—
       on a full-time equivalent basis in accord-               (I) that, as a principal business activ-
       ance with subparagraph (C).                           ity, organizes, promotes, produces, man-
       (III) For purposes of applying the charac-            ages, or hosts live concerts, comedy
     teristics described in subclauses (I) and (II)          shows, theatrical productions, or other
     to an entity owned by a State or a polit-               events by performing artists for which—
     ical subdivision of a State, the relevant                    (aa) a cover charge through ticketing
     entity—                                                    or front door entrance fee is applied;
          (aa) shall be the live venue operator or              and
       promoter, theatrical producer, or live                     (bb) performers are paid in an
       performing arts organization operator,                   amount that is based on a percentage
       the relevant museum operator, the mo-                    of sales, a guarantee (in writing or
       tion picture theatre operator, or the tal-               standard contract), or another mutu-
       ent representative; and                                  ally beneficial formal agreement; and
          (bb) shall not include entities of the              (II) for which not less than 70 percent
       State or political subdivision other than            of the earned revenue of the individual
       the live venue operator or promoter, the-            or entity is generated through, to the ex-
       atrical producer, or live performing arts            tent related to a live event described in
       organization operator, the relevant mu-              subclause (I), cover charges or ticket
       seum operator, the motion picture the-               sales, production fees or production re-
       atre operator, or the talent representa-             imbursements, nonprofit educational ini-
       tive.                                                tiatives, or the sale of event beverages,
   (B) Exclusion                                            food, or merchandise; or
     The term ‘‘eligible person or entity’’ shall           (ii) an individual or entity that, as a
   not include a live venue operator or pro-              principal business activity, makes avail-
   moter, theatrical producer, or live per-               able for purchase by the public an average
   forming arts organization operator, a rel-             of not less than 60 days before the date of
   evant museum operator, a motion picture                the event tickets to events—
   theatre operator, or a talent representative                (I) described in clause (i)(I); and
   that—                                                       (II) for which performers are paid in an
       (i) presents live performances of a pru-             amount that is based on a percentage of
     rient sexual nature; or                                sales, a guarantee (in writing or stand-
       (ii) derives, directly or indirectly, more           ard contract), or another mutually bene-
     than de minimis gross revenue through the              ficial formal agreement; and
     sale of products or services, or the presen-
                                                          (B) includes an individual or entity de-
     tation of any depictions or displays, of a
                                                        scribed in subparagraph (A) that—
     prurient sexual nature.
                                                            (i) operates for profit;
   (C) Calculation of full-time employees                   (ii) is a nonprofit organization;
     For purposes of determining the number of              (iii) is government-owned; or
   full-time equivalent employees under sub-                (iv) is a corporation, limited liability
   paragraph (A)(vi)(II)(cc) of this paragraph            company, or partnership or operated as a
   and under paragraph (2)(E)—                            sole proprietorship.
       (i) any employee working not fewer than        (4) Motion picture theatre operator
     30 hours per week shall be considered a
                                                        The term ‘‘motion picture theatre operator’’
     full-time employee; and
                                                      means an individual or entity that—
       (ii) any employee working not fewer
                                                          (A) as the principal business activity of
     than 10 hours and fewer than 30 hours per
                                                        the individual or entity, owns or operates at
     week shall be counted as one-half of a full-
                                                        least 1 place of public accommodation for
     time employee.
                                                        the purpose of motion picture exhibition for
   (D) Multiple business entities                       a fee; and
     Each business entity of an eligible person           (B) includes an individual or entity de-
   or entity that also meets the requirements           scribed in subparagraph (A) that—
§ 9009a                         TITLE 15—COMMERCE AND TRADE                                 Page 2488

        (i) operates for profit;                       (B) Certification of need
        (ii) is a nonprofit organization;                  An eligible person or entity applying for a
        (iii) is government-owned; or                   grant under this section shall submit a good
        (iv) is a corporation, limited liability        faith certification that the uncertainty of
     company, or partnership or operated as a           current economic conditions makes nec-
     sole proprietorship.                               essary the grant to support the ongoing op-
 (5) National securities exchange                       erations of the eligible person or entity.
   The term ‘‘national securities exchange’’          (2) Initial grants
 means an exchange registered as a national se-         (A) In general
 curities exchange under section 78f of this
                                                         The Administrator may make initial
 title.
                                                       grants to eligible persons or entities in ac-
 (6) Nonprofit                                         cordance with this section.
   The term ‘‘nonprofit’’, with respect to an or-      (B) Initial priorities for awarding grants
 ganization, means that the organization is ex-          (i) First priority in awarding grants
 empt from taxation under section 501(a) of
 title 26.                                                  During the initial 14-day period during
                                                         which the Administrator awards grants
 (7) Relevant museum                                     under this paragraph, the Administrator
   The term ‘‘relevant museum’’—                         shall only award grants to an eligible per-
     (A) has the meaning given the term ‘‘mu-            son or entity with revenue, during the pe-
   seum’’ in section 9172 of title 20; and               riod beginning on April 1, 2020 and ending
     (B) shall not include any entity that is or-        on December 31, 2020, that is not more
   ganized as a for-profit entity.                       than 10 percent of the revenue of the eligi-
 (8) Seasonal employer                                   ble person or entity during the period be-
                                                         ginning on April 1, 2019 and ending on De-
   The term ‘‘seasonal employer’’ has the                cember 31, 2019, due to the COVID–19 pan-
 meaning given that term in subparagraph (A)             demic.
 of section 636(a)(36) of this title, as amended
 by this Act.                                            (ii) Second priority in awarding grants
 (9) State                                                  During the 14-day period immediately
                                                         following the 14-day period described in
   The term ‘‘State’’ means—                             clause (i), the Administrator shall only
     (A) a State;                                        award grants to an eligible person or enti-
     (B) the District of Columbia;                       ty with revenue, during the period begin-
     (C) the Commonwealth of Puerto Rico; and            ning on April 1, 2020 and ending on Decem-
     (D) any other territory or possession of the        ber 31, 2020, that is not more than 30 per-
   United States.                                        cent of the revenue of the eligible person
 (10) Talent representative                              or entity during the period beginning on
   The term ‘‘talent representative’’—                   April 1, 2019 and ending on December 31,
     (A) means an agent or manager that—                 2019, due to the COVID–19 pandemic.
       (i) as not less than 70 percent of the oper-      (iii) Determination of revenue
     ations of the agent or manager, is engaged             For purposes of clauses (i) and (ii)—
     in representing or managing artists and                  (I) any amounts received by an eligible
     entertainers;                                          person or entity under the CARES Act
       (ii) books or represents musicians, come-            (Public Law 116–136; 134 Stat. 281) or an
     dians, actors, or similar performing artists           amendment made by the CARES Act
     primarily at live events in venues or at               shall not be counted as revenue of an eli-
     festivals; and                                         gible person or entity;
       (iii) represents performers described in               (II) the Administrator shall use an ac-
     clause (ii) that are paid in an amount that            crual method of accounting for deter-
     is based on the number of tickets sold, or             mining revenue; and
     a similar basis; and                                     (III) the Administrator may use alter-
       (B) includes an agent or manager described           native methods to establish revenue
    in subparagraph (A) that—                               losses for an eligible person or entity
         (i) operates for profit;                           that is a seasonal employer and that
         (ii) is a nonprofit organization;                  would be adversely impacted if January,
         (iii) is government-owned; or                      February, and March are excluded from
         (iv) is a corporation, limited liability           the calculation of year-over-year reve-
       company, or partnership or operated as a             nues.
       sole proprietorship.                              (iv) Limit on use of amounts for priority
(b) Authority                                                 applicants
  (1) In general                                            The Administrator may use not more
                                                         than 80 percent of the amounts appro-
    (A) Administration                                   priated under section 323(d)(1)(H) of this
       The Associate Administrator for the Office        Act to carry out this section to make ini-
    of Disaster Assistance of the Administration         tial grants under this paragraph to eligible
    shall coordinate and formulate policies re-          persons or entities described in clause (i)
    lating to the administration of grants made          or (ii) of this subparagraph that apply for
    under this section.                                  a grant under this paragraph during the
Page 2489                       TITLE 15—COMMERCE AND TRADE                                        § 9009a

     initial 28-day period during which the Ad-       (c) Amount
     ministrator awards grants under this para-         (1) Initial grants
     graph.
                                                          (A) In general
   (C) Grants after priority periods
                                                            Subject to subparagraphs (B) and (C), a
     After the end of the initial 28-day period           grant under subsection (b)(2) shall be in the
   during which the Administrator awards                  amount equal to the lesser of—
   grants under this paragraph, the Adminis-                  (i)(I) for an eligible person or entity that
   trator may award an initial grant to any eli-            was in operation on January 1, 2019, the
   gible person or entity.                                  amount equal to 45 percent of the gross
   (D) Limits on number of initial grants to af-            earned revenue of the eligible person or en-
        filiates                                            tity during 2019; or
     Not more than 5 business entities of an eli-             (II) for an eligible person or entity that
   gible person or entity that would be consid-             began operations after January 1, 2019, the
   ered affiliates under the affiliation rules of           amount equal to the product obtained by
   the Administration may receive a grant                   multiplying—
   under this paragraph.                                         (aa) the average monthly gross earned
                                                              revenue for each full month during
   (E) Set-aside for small employers                          which the eligible person or entity was
     (i) In general                                           in operation during 2019; by
        Subject to clause (ii), not less than                    (bb) 6; or
     $2,000,000,000 of the total amount of grants              (ii) $10,000,000.
     made available under this paragraph shall
                                                          (B) Application to relevant museum opera-
     be awarded to eligible persons or entities
                                                               tors
     which employ not more than 50 full-time
     employees, determined in accordance with               A relevant museum operator may not re-
     subsection (a)(1)(C).                                ceive grants under subsection (b)(2) in a
     (ii) Time limit                                      total amount that is more than $10,000,000
                                                          with respect to all relevant museums oper-
        Clause (i) shall not apply on and after           ated by the relevant museum operator.
     the date that is 60 days after the Adminis-
                                                          (C) Reduction for recipients of new PPP
     trator begins awarding grants under this
                                                               loans
     section and, on and after such date,
     amounts available for grants under this                (i) In general
     section may be used for grants under this                 The otherwise applicable amount of a
     section to any eligible person or entity.              grant under subsection (b)(2) to an eligible
 (3) Supplemental grants                                    person or entity shall be reduced by the
                                                            total amount of loans guaranteed under
   (A) In general
                                                            paragraph (36) or (37) of section 636(a) of
     Subject to subparagraph (B), the Adminis-              this title that are received on or after De-
   trator may make a supplemental grant in                  cember 27, 2020 by the eligible person or
   accordance with this section to an eligible              entity.
   person or entity that receives a grant under
                                                            (ii) Application to governmental entities
   paragraph (2) if, as of April 1, 2021, the reve-
   nues of the eligible person or entity for the               For purposes of applying clause (i) to an
   most recent calendar quarter are not more                eligible person or entity owned by a State
   than 30 percent of the revenues of the eligi-            or a political subdivision of a State, the
   ble person or entity for the corresponding               relevant entity—
   calendar quarter during 2019 due to the                        (I) shall be the eligible person or enti-
   COVID–19 pandemic.                                          ty; and
                                                                  (II) shall not include entities of the
   (B) Processing timely initial grant applica-
                                                               State or political subdivision other than
        tions first
                                                               the eligible person or entity.
     The Administrator may not award a sup-             (2) Supplemental grants
   plemental grant under subparagraph (A)
   until the Administrator has completed proc-            A grant under subsection (b)(3) shall be in
   essing (including determining whether to             the amount equal to 50 percent of the grant re-
   award a grant) each application for an ini-          ceived by the eligible person or entity under
   tial grant under paragraph (2) that is sub-          subsection (b)(2).
   mitted by an eligible person or entity on or         (3) Overall maximums
   before the date that is 60 days after the date         The total amount of grants received under
   on which the Administrator begins accept-            paragraphs (2) and (3) of subsection (b) by an
   ing such applications.                               eligible person or entity shall be not more
 (4) Certification                                      than $10,000,000.
   An eligible person or entity applying for a        (d) Use of funds
 grant under this section that is an eligible           (1) Timing
 business described in the matter preceding               (A) Expenses incurred
 subclause (I) of section 4003(c)(3)(D)(i) of the
 CARES Act (15 U.S.C. 9042(c)(3)(D)(i)), shall              (i) In general
 make a good-faith certification described in                Except as provided in clause (ii),
 subclauses (IX) and (X) of such section.                   amounts received under a grant under this
§ 9009a                         TITLE 15—COMMERCE AND TRADE                                     Page 2490

     section may be used for costs incurred dur-              compensation for any individual employee
     ing the period beginning on March 1, 2020,               of an independent contractor; and
     and ending on December 31, 2021.                           (viii) other ordinary and necessary busi-
     (ii) Extension for supplemental grants                   ness expenses, including—
                                                                   (I) maintenance expenses;
        If an eligible person or entity receives a                 (II) administrative costs, including
     grant under subsection (b)(3), amounts re-                 fees and licensing costs;
     ceived under either grant under this sec-                     (III) State and local taxes and fees;
     tion may be used for costs incurred during                    (IV) operating leases in effect as of
     the period beginning on March 1, 2020, and                 February 15, 2020;
     ending on June 30, 2022.                                      (V) payments required for insurance on
   (B) Expenditure                                              any insurance policy; and
                                                                   (VI) advertising, production transpor-
     (i) In general
                                                                tation, and capital expenditures related
        Except as provided in clause (ii), an eli-              to producing a theatrical or live per-
     gible person or entity shall return to the                 forming arts production, concert, exhi-
     Administrator any amounts received under                   bition, or comedy show, except that a
     a grant under this section that are not ex-                grant under this section may not be used
     pended on or before the date that is 1 year                primarily for such expenditures.
     after the date of disbursement of the               (3) Prohibited expenses
     grant.
                                                           An eligible person or entity may not use
     (ii) Extension for supplemental grants              amounts received under a grant under this sec-
        If an eligible person or entity receives a       tion—
     grant under subsection (b)(3), the eligible              (A) to purchase real estate;
     person or entity shall return to the Ad-                 (B) for payments of interest or principal
     ministrator any amounts received under                on loans originated after February 15, 2020;
     either grant under this section that are                 (C) to invest or re-lend funds;
     not expended on or before the date that is               (D) for contributions or expenditures to, or
     18 months after the date of disbursement              on behalf of, any political party, party com-
     to the eligible person or entity of the               mittee, or candidate for elective office; or
     grant under subsection (b)(2).                           (E) for any other use as may be prohibited
 (2) Allowable expenses                                    by the Administrator.
                                                      (e) Increased oversight of shuttered venue oper-
   (A) Definitions                                         ator grants
     In this paragraph—                                  The Administrator shall increase oversight of
        (i) the terms ‘‘covered mortgage obliga-      eligible persons and entities receiving grants
     tion’’, ‘‘covered rent obligation’’, ‘‘covered   under this section, which may include the fol-
     utility payment’’, and ‘‘covered worker          lowing:
     protection expenditure’’ have the mean-
                                                         (1) Documentation
     ings given those terms in section 636m(a)
     of this title, as redesignated, transferred,          Additional       documentation      requirements
     and amended by this Act; and                        that are consistent with the eligibility and
        (ii) the term ‘‘payroll costs’’ has the          other requirements under this section, includ-
     meaning given that term in section                  ing requiring an eligible person or entity that
     636(a)(36)(A) of this title.                        receives a grant under this section to retain
   (B) Expenses                                          records that document compliance with the
                                                         requirements for grants under this section—
     An eligible person or entity may use                     (A) with respect to employment records,
   amounts received under a grant under this               for the 4-year period following receipt of the
   section for—                                            grant; and
        (i) payroll costs;                                    (B) with respect to other records, for the 3-
        (ii) payments on any covered rent obliga-          year period following receipt of the grant.
     tion;                                               (2) Reviews of use
        (iii) any covered utility payment;
        (iv) scheduled payments of interest or             Reviews of the use of the grant proceeds by
     principal on any covered mortgage obliga-           an eligible person or entity to ensure compli-
     tion (which shall not include any prepay-           ance with requirements established under this
     ment of principal on a covered mortgage             section and by the Administrator, including
     obligation);                                        that the Administrator may—
                                                              (A) review and audit grants under this sec-
        (v) scheduled payments of interest or
                                                           tion; and
     principal on any indebtedness or debt in-
                                                              (B) in the case of fraud or other material
     strument (which shall not include any pre-
                                                           noncompliance with respect to a grant under
     payment of principal) incurred in the ordi-
                                                           this section—
     nary course of business that is a liability
                                                                (i) require repayment of misspent funds;
     of the eligible person or entity and was in-
                                                              or
     curred prior to February 15, 2020;                         (ii) pursue legal action to collect funds.
        (vi) covered worker protection expendi-
     tures;                                           (f) Shuttered venue oversight and audit plan
        (vii) payments made to independent con-          (1) In general
     tractors, as reported on Form–1099 MISC,              Not later than 45 days after December 27,
     not to exceed a total of $100,000 in annual         2020, the Administrator shall submit to the
Page 2491                                 TITLE 15—COMMERCE AND TRADE                                               § 9009b

  Committee on Small Business and Entrepre-                      (d)(2)(A)(i), probably means section 636m(a) of this
  neurship of the Senate and the Committee on                    title, as redesignated, transferred, and amended by title
  Small Business of the House of Representa-                     III of div. N of Pub. L. 116–260.
  tives an audit plan that details—                                                    CODIFICATION
      (A) the policies and procedures of the Ad-
                                                                   Section was enacted as part of the Economic Aid to
    ministrator for conducting oversight and au-                 Hard-Hit Small Businesses, Nonprofits, and Venues
    dits of grants under this section; and                       Act, and not as part of the CARES Act which in part
      (B) the metrics that the Administrator                     comprises this chapter.
    shall use to determine which grants under
    this section will be audited pursuant to sub-                                      AMENDMENTS
    section (e).                                                    2021—Subsec. (a)(1)(A)(vi)(III), (IV). Pub. L. 117–2,
  (2) Reports                                                    § 5005(b)(1), redesignated subcl. (IV) as (III), substituted
                                                                 ‘‘subclauses (I) and (II)’’ for ‘‘subclauses (I), (II), and
    Not later than 60 days after December 27,                    (III)’’, and struck out former subcl. (III) which read as
  2020, and each month thereafter until the date                 follows: ‘‘The live venue operator or promoter, theat-
  that is 1 year after the date on which all                     rical producer, or live performing arts organization op-
  amounts made available under section                           erator, the relevant museum operator, the motion pic-
  323(d)(1)(H) of this Act have been expended, the               ture theatre operator, or the talent representative has
  Administrator shall submit to the Committee                    not received, on or after December 27, 2020, a loan guar-
                                                                 anteed under paragraph (36) or (37) of section 636(a) of
  on Small Business and Entrepreneurship of the                  this title, as amended and added by this division.’’
  Senate and the Committee on Small Business                        Subsec. (c)(1)(A). Pub. L. 117–2, § 5005(b)(2)(A), sub-
  of the House of Representatives a report on                    stituted ‘‘Subject to subparagraphs (B) and (C), a
  the oversight and audit activities of the Ad-                  grant’’ for ‘‘A grant’’ in introductory provisions.
  ministrator under this subsection, which shall                    Subsec. (c)(1)(C). Pub. L. 117–2, § 5005(b)(2)(B), added
  include—                                                       subpar. (C).
      (A) the total number of initial grants ap-
    proved and disbursed;                                               Statutory Notes and Related Subsidiaries
      (B) the total amount of grants received by                                      EFFECTIVE DATE
    each eligible person or entity, including any
    supplemental grants;                                           Section effective on Dec. 27, 2020, and applicable to
                                                                 loans and grants made on or after Dec. 27, 2020, see sec-
      (C) the number of active investigations                    tion 348 of Pub. L. 116–260, set out as an Effective Date
    and audits of grants under this section;                     of 2020 Amendment note under section 636 of this title.
      (D) the number of completed reviews and
    audits of grants under this section, including               CLARIFICATION OF TAX TREATMENT OF CERTAIN LOAN
    a description of any findings of fraud or                     FORGIVENESS AND OTHER BUSINESS FINANCIAL AS-
                                                                   SISTANCE
    other material noncompliance.1
      (E) any substantial changes made to the                      Grant made under this section not included in gross
    oversight and audit plan submitted under                     income of recipient, see section 278 of div. N of Pub. L.
    paragraph (1).                                               116–260, set out as a note under section 9008 of this title.

(Pub. L. 116–260, div. N, title III, § 324, Dec. 27,                                    DEFINITIONS
2020, 134 Stat. 2022; Pub. L. 117–2, title V,                      ‘‘Administration’’ and ‘‘Administrator’’ mean the
§ 5005(b), Mar. 11, 2021, 135 Stat. 92.)                         Small Business Administration and Administrator of
                                                                 the Small Business Administration, see section 302 of
                       Editorial Notes                           div. N of Pub. L. 116–260, set out as a note under section
                                                                 9001 of this title.
                    REFERENCES IN TEXT
   The Robert T. Stafford Disaster Relief and Emer-              § 9009b. Targeted EIDL advance for small busi-
gency Assistance Act, referred to in subsec.                         ness continuity, adaptation, and resiliency
(a)(1)(A)(vi)(I)(bb), is Pub. L. 93–288, May 22, 1974, 88
Stat. 143, which is classified principally to chapter 68         (a) Definitions
(§ 5121 et seq.) of Title 42, The Public Health and Wel-           In this section:
fare. For complete classification of this Act to the
Code, see Short Title note set out under section 5121 of           (1) Agricultural enterprise
Title 42 and Tables.                                                 The term ‘‘agricultural enterprise’’ has the
   Subparagraph (A) of section 636(a)(36) of this title, as        meaning given the term in section 647(b) of
amended by this Act, referred to in subsec. (a)(8), prob-          this title.
ably means subpar. (A) of section 636(a)(36) of this title,
as amended by title III of div. N of Pub. L. 116–260.              (2) Covered entity
   The CARES Act, referred to in subsec. (b)(2)(B)(iii)(I),          The term ‘‘covered entity’’—
also known as the Coronavirus Aid, Relief, and Eco-                    (A) means an eligible entity that—
nomic Security Act, is Pub. L. 116–136, Mar. 27, 2020, 134
Stat. 281, which enacted this chapter and enacted,
                                                                         (i) applies for a loan under section
amended, and repealed numerous other sections and                      636(b)(2) of this title during the covered pe-
notes in the Code. For complete classification of this                 riod, including before December 27, 2020;
Act to the Code, see Short Title note set out under sec-                 (ii) is located in a low-income commu-
tion 9001 of this title and Tables.                                    nity;
   Section 323(d)(1)(H) of this Act, referred to in subsecs.             (iii) has suffered an economic loss of
(b)(2)(B)(iv) and (f)(2), is section 323(d)(1)(H) of title III         greater than 30 percent; and
of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2021,             (iv) employs not more than 300 employ-
which is not classified to the Code.
   Section 636m(a) of this title, as redesignated, trans-              ees; and
ferred, and amended by this Act, referred to in subsec.                (B) except with respect to an entity in-
                                                                     cluded under section 123.300(c) of title 13,
 1 So in original. The period probably should be ‘‘;   and’’.        Code of Federal Regulations, or any suc-


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