15 U.S.C. 9009c (U.S. Code, current edition)
Summary
The U.S. Code text of 15 U.S.C. § 9009c, Support for restaurants, in Title 15—Commerce and Trade, with notes. It defines the covered period as beginning on February 15, 2020 and ending on December 31, 2021, or a date set by the Administrator not later than 2 years after March 11, 2021. An eligible entity includes a restaurant, food stand, food truck, caterer, bar, brewpub or similar place where the public assembles to be served food or drink. It excludes a State or local government-operated business, an entity that as of March 13, 2020 owns or operates more than 20 locations, a grantee under section 9009a and a publicly-traded company. Subsection (b) establishes the Restaurant Revitalization Fund in the Treasury of the United States.
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“15 U.S.C. 9009c (U.S. Code, current edition).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9009c-u-s-code-current-edition-d720aae254/
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Page 2493 TITLE 15—COMMERCE AND TRADE § 9009c
(g) Administration come for purposes of sections 705 and 1366 of the In-
ternal Revenue Code of 1986 [26 U.S.C. 705, 1366], and
In carrying out this section, the Adminis- ‘‘(B) the Secretary of the Treasury (or the Sec-
trator may rely on loan officers and other per- retary’s delegate) shall prescribe rules for deter-
sonnel of the Office of Disaster Assistance of the mining a partner’s distributive share of any
Administration and other resources of the Ad- amount described in subparagraph (A) for purposes
ministration, including contractors of the Ad- of section 705 of the Internal Revenue Code of 1986.’’
ministration. CLARIFICATION OF TAX TREATMENT OF CERTAIN LOAN
(h) Authorization of appropriations FORGIVENESS AND OTHER BUSINESS FINANCIAL AS-
SISTANCE
There are authorized to be appropriated to the
Administrator $20,000,000,000 to carry out this Funding under this section not included in gross in-
come of recipient, see section 278 of div. N of Pub. L.
section—
116–260, set out as a note under section 9008 of this title.
(1) which shall remain available through De-
cember 31, 2021; and DEFINITIONS
(2) of which $20,000,000 is authorized to be ap- ‘‘Administration’’ and ‘‘Administrator’’ mean the
propriated to the Inspector General of the Ad- Small Business Administration and Administrator of
ministration to prevent waste, fraud, and the Small Business Administration, see section 302 of
abuse with respect to funding provided under div. N of Pub. L. 116–260, set out as a note under section
this section. 9001 of this title.
(i) Statute of limitations § 9009c. Support for restaurants
Notwithstanding any other provision of law, (a) Definitions
any criminal charge or civil enforcement action In this section:
alleging that a borrower engaged in fraud with
(1) Administrator
respect to the use of any amount received pursu-
ant to this section shall be filed not later than The term ‘‘Administrator’’ means the Ad-
10 years after the offense was committed. ministrator of the Small Business Administra-
tion.
(Pub. L. 116–260, div. N, title III, § 331, Dec. 27,
(2) Affiliated business
2020, 134 Stat. 2043; Pub. L. 117–165, § 2(c), Aug. 5,
2022, 136 Stat. 1363.) The term ‘‘affiliated business’’ means a busi-
ness in which an eligible entity has an equity
Editorial Notes or right to profit distributions of not less than
50 percent, or in which an eligible entity has
REFERENCES IN TEXT the contractual authority to control the direc-
Section 332 of this Act, referred to in subsec. (a)(3), is tion of the business, provided that such affili-
section 332 of div. N of Pub. L. 116–260. ation shall be determined as of any arrange-
ments or agreements in existence as of March
CODIFICATION
13, 2020.
Section was enacted as part of the Economic Aid to (3) Covered period
Hard-Hit Small Businesses, Nonprofits, and Venues
Act, and not as part of the CARES Act which in part The term ‘‘covered period’’ means the pe-
comprises this chapter. riod—
(A) beginning on February 15, 2020; and
AMENDMENTS
(B) ending on December 31, 2021, or a date
2022—Subsec. (i). Pub. L. 117–165 added subsec. (i). to be determined by the Administrator that
is not later than 2 years after March 11, 2021.
Statutory Notes and Related Subsidiaries (4) Eligible entity
EFFECTIVE DATE The term ‘‘eligible entity’’—
Section effective on Dec. 27, 2020, and applicable to (A) means a restaurant, food stand, food
loans and grants made on or after Dec. 27, 2020, see sec- truck, food cart, caterer, saloon, inn, tavern,
tion 348 of Pub. L. 116–260, set out as an Effective Date bar, lounge, brewpub, tasting room, tap-
of 2020 Amendment note under section 636 of this title. room, licensed facility or premise of a bev-
erage alcohol producer where the public may
TAX TREATMENT OF TARGETED EIDL ADVANCES
taste, sample, or purchase products, or other
Pub. L. 117–2, title IX, § 9672, Mar. 11, 2021, 135 Stat. similar place of business in which the public
184, provided that: ‘‘For purposes of the Internal Rev- or patrons assemble for the primary purpose
enue Code of 1986 [26 U.S.C. 1 et seq.]— of being served food or drink;
‘‘(1) amounts received from the Administrator of
(B) includes an entity described in sub-
the Small Business Administration in the form of a
targeted EIDL advance under section 331 of the Eco- paragraph (A) that is located in an airport
nomic Aid to Hard-Hit Small Businesses, Nonprofits, terminal or that is a Tribally-owned con-
and Venues Act (title III of division N of Public Law cern; and
116–260) [15 U.S.C. 9009b] shall not be included in the (C) does not include—
gross income of the person that receives such (i) an entity described in subparagraph
amounts, (A) that—
‘‘(2) no deduction shall be denied, no tax attribute (I) is a State or local government-oper-
shall be reduced, and no basis increase shall be de- ated business;
nied, by reason of the exclusion from gross income
provided by paragraph (1), and
(II) as of March 13, 2020, owns or oper-
‘‘(3) in the case of a partnership or S corporation ates (together with any affiliated busi-
that receives such amounts— ness) more than 20 locations, regardless
‘‘(A) any amount excluded from income by reason of whether those locations do business
of paragraph (1) shall be treated as tax exempt in- under the same or multiple names; or
§ 9009c TITLE 15—COMMERCE AND TRADE Page 2494
(III) has a pending application for or (B) premiums taken into account in deter-
has received a grant under section 9009a mining the credit allowed under section 6432
of this title; or of title 26.
(ii) a publicly-traded company. (9) Publicly-traded company
(5) Exchange; issuer; security The term ‘‘publicly-traded company’’ means
an entity that is majority owned or controlled
The terms ‘‘exchange’’, ‘‘issuer’’, and ‘‘secu-
by an entity that is an issuer, the securities of
rity’’ have the meanings given those terms in
which are listed on a national securities ex-
section 78c(a) of this title.
change under section 78f of this title.
(6) Fund
(10) Tribally-owned concern
The term ‘‘Fund’’ means the Restaurant Re-
The term ‘‘Tribally-owned concern’’ has the
vitalization Fund established under subsection
meaning given the term in section 124.3 of
(b).
title 13, Code of Federal Regulations, or any
(7) Pandemic-related revenue loss successor regulation.
The term ‘‘pandemic-related revenue loss’’ (b) Restaurant Revitalization Fund
means, with respect to an eligible entity— (1) In general
(A) except as provided in subparagraphs
(B), (C), and (D), the gross receipts, as estab- There is established in the Treasury of the
lished using such verification documenta- United States a fund to be known as the Res-
tion as the Administrator may require, of taurant Revitalization Fund.
the eligible entity during 2020 subtracted (2) Appropriations
from the gross receipts of the eligible entity (A) In general
in 2019, if such sum is greater than zero; In addition to amounts otherwise avail-
(B) if the eligible entity was not in oper- able, there is appropriated to the Restaurant
ation for the entirety of 2019— Revitalization Fund for fiscal year 2021, out
(i) the difference between— of any money in the Treasury not otherwise
(I) the product obtained by multi- appropriated, $28,600,000,000, to remain avail-
plying the average monthly gross re- able until expended.
ceipts of the eligible entity in 2019 by 12;
(B) Distribution
and
(II) the product obtained by multi- (i) In general
plying the average monthly gross re- Of the amounts made available under
ceipts of the eligible entity in 2020 by 12; subparagraph (A)—
or (I) $5,000,000,000 shall be available to el-
(ii) an amount based on a formula deter- igible entities with gross receipts during
mined by the Administrator; 2019 of not more than $500,000; and
(II) $23,600,000,000 shall be available to
(C) if the eligible entity opened during the the Administrator to award grants under
period beginning on January 1, 2020, and end- subsection (c) in an equitable manner to
ing on the day before March 11, 2021— eligible entities of different sizes based
(i) the expenses described in subsection on annual gross receipts.
(c)(5)(A) that were incurred by the eligible (ii) Adjustments
entity minus any gross receipts received;
or The Administrator may make adjust-
(ii) an amount based on a formula deter- ments as necessary to the distribution of
mined by the Administrator; or funds under clause (i)(II) based on demand
and the relative local costs in the markets
(D) if the eligible entity has not yet in which eligible entities operate.
opened as of the date of application for a (C) Grants after initial period
grant under subsection (c), but has incurred
expenses described in subsection (c)(5)(A) as Notwithstanding subparagraph (B), on and
of March 11, 2021— after the date that is 60 days after March 11,
(i) the amount of those expenses; or 2021, or another period of time determined
(ii) an amount based on a formula deter- by the Administrator, the Administrator
mined by the Administrator. may make grants using amounts appro-
priated under subparagraph (A) to any eligi-
For purposes of this paragraph, the pandemic- ble entity regardless of the annual gross re-
related revenue losses for an eligible entity ceipts of the eligible entity.
shall be reduced by any amounts received from
(3) Use of funds
a covered loan made under paragraph (36) or
(37) of section 636(a) of this title in 2020 or 2021. The Administrator shall use amounts in the
(8) Payroll costs Fund to make grants described in subsection
(c).
The term ‘‘payroll costs’’ has the meaning
(c) Restaurant revitalization grants
given the term in section 636(a)(36)(A) of this
title, except that such term shall not in- (1) In general
clude— Except as provided in subsection (b) and
(A) qualified wages (as defined in sub- paragraph (3), the Administrator shall award
section (c)(3) of section 2301 of the CARES grants to eligible entities in the order in
Act) taken into account in determining the which applications are received by the Admin-
credit allowed under such section 2301; or istrator.
Page 2495 TITLE 15—COMMERCE AND TRADE § 9009c
(2) Application actual gross receipts of the eligible entity
(A) Certification in 2020 shall be returned to the Treasury.
An eligible entity applying for a grant (5) Use of funds
under this subsection shall make a good During the covered period, an eligible entity
faith certification that— that receives a grant under this subsection
(i) the uncertainty of current economic may use the grant funds for the following ex-
conditions makes necessary the grant re- penses incurred as a direct result of, or during,
quest to support the ongoing operations of the COVID–19 pandemic:
the eligible entity; and (A) Payroll costs.
(ii) the eligible entity has not applied for (B) Payments of principal or interest on
or received a grant under section 9009a of any mortgage obligation (which shall not in-
this title. clude any prepayment of principal on a
(B) Business identifiers mortgage obligation).
(C) Rent payments, including rent under a
In accepting applications for grants under
lease agreement (which shall not include
this subsection, the Administrator shall
any prepayment of rent).
prioritize the ability of each applicant to use
(D) Utilities.
their existing business identifiers over re-
(E) Maintenance expenses, including—
quiring other forms of registration or identi-
(i) construction to accommodate outdoor
fication that may not be common to their
seating; and
industry and imposing additional burdens on
(ii) walls, floors, deck surfaces, fur-
applicants.
niture, fixtures, and equipment.
(3) Priority in awarding grants
(F) Supplies, including protective equip-
(A) In general ment and cleaning materials.
During the initial 21-day period in which (G) Food and beverage expenses that are
the Administrator awards grants under this within the scope of the normal business
subsection, the Administrator shall practice of the eligible entity before the cov-
prioritize awarding grants to eligible enti- ered period.
ties that are small business concerns owned (H) Covered supplier costs, as defined in
and controlled by women (as defined in sec- section 636m(a) of this title (as redesignated,
tion 632(n) of this title), small business con- transferred, and amended by section 304(b) of
cerns owned and controlled by veterans (as the Economic Aid to Hard-Hit Small Busi-
defined in section 632(q) of this title), or so- nesses, Nonprofits, and Venues Act (Public
cially and economically disadvantaged small Law 116–260)).
business concerns (as defined in section (I) Operational expenses.
637(a)(4)(A) of this title). The Administrator (J) Paid sick leave.
may take such steps as necessary to ensure (K) Any other expenses that the Adminis-
that eligible entities described in this sub- trator determines to be essential to main-
paragraph have access to grant funding taining the eligible entity.
under this section after the end of such 21-
(6) Returning funds
day period.
If an eligible entity that receives a grant
(B) Certification
under this subsection fails to use all grant
For purposes of establishing priority under funds or permanently ceases operations on or
subparagraph (A), an applicant shall submit before the last day of the covered period, the
a self-certification of eligibility for priority eligible entity shall return to the Treasury
with the grant application. any funds that the eligible entity did not use
(4) Grant amount for the allowable expenses under paragraph (5).
(A) Aggregate maximum amount (Pub. L. 117–2, title V, § 5003, Mar. 11, 2021, 135
The aggregate amount of grants made to Stat. 85.)
an eligible entity and any affiliated busi-
nesses of the eligible entity under this sub- Editorial Notes
section—
REFERENCES IN TEXT
(i) shall not exceed $10,000,000; and
(ii) shall be limited to $5,000,000 per phys- Section 2301 of the CARES Act, referred to in subsec.
ical location of the eligible entity. (a)(8)(A), is section 2301 of Pub. L. 116–136, which is set
out as a note under section 3111 of Title 26, Internal
(B) Determination of grant amount Revenue Code.
(i) In general Section 636m(a) of this title (as redesignated, trans-
ferred, and amended by section 304(b) of the Economic
Except as provided in this paragraph, the Aid to Hard-Hit Small Businesses, Nonprofits, and
amount of a grant made to an eligible en- Venues Act (Public Law 116–260)), referred to in subsec.
tity under this subsection shall be equal to (c)(5)(H), probably means section 636m(a) of this title,
the pandemic-related revenue loss of the as redesignated, transferred, and amended by section
eligible entity. 304(b) of title III of div. N of Pub. L. 116–260.
(ii) Return to Treasury CODIFICATION
Any amount of a grant made under this Section was enacted as part of the American Rescue
subsection to an eligible entity based on Plan Act of 2021, and not as part of the CARES Act
estimated receipts that is greater than the which in part comprises this chapter.
§ 9010 TITLE 15—COMMERCE AND TRADE Page 2496
Statutory Notes and Related Subsidiaries (3) in addition to the relief provided under
TAX TREATMENT OF RESTAURANT REVITALIZATION this Act, the Administration should encourage
GRANTS lenders to provide payment deferments, when
appropriate, and to extend the maturity of
Pub. L. 117–2, title IX, § 9673, Mar. 11, 2021, 135 Stat.
184, provided that: ‘‘For purposes of the Internal Rev- covered loans, so as to avoid balloon payments
enue Code of 1986 [26 U.S.C. 1 et seq.]— or any requirement for increases in debt pay-
‘‘(1) amounts received from the Administrator of ments resulting from deferments provided by
the Small Business Administration in the form of a lenders during the period of the national emer-
restaurant revitalization grant under section 5003 [15 gency declared by the President under the Na-
U.S.C. 9009c] shall not be included in the gross income tional Emergencies Act (50 U.S.C. 1601 et seq.)
of the person that receives such amounts, with respect to the Coronavirus Disease 2019
‘‘(2) no deduction shall be denied, no tax attribute
(COVID–19).
shall be reduced, and no basis increase shall be de-
nied, by reason of the exclusion from gross income (c) Principal and interest payments
provided by paragraph (1), and (1) In general
‘‘(3) in the case of a partnership or S corporation
that receives such amounts— Subject to the other provisions of this sec-
‘‘(A) except as otherwise provided by the Sec- tion, the Administrator shall pay the prin-
retary of the Treasury (or the Secretary’s dele- cipal, interest, and any associated fees that
gate), any amount excluded from income by reason are owed on a covered loan in a regular serv-
of paragraph (1) shall be treated as tax exempt in- icing status, without regard to the date on
come for purposes of sections 705 and 1366 of the In- which the covered loan is fully disbursed, and
ternal Revenue Code of 1986 [26 U.S.C. 705, 1366], and subject to availability of funds, as follows:
‘‘(B) the Secretary of the Treasury (or the Sec-
retary’s delegate) shall prescribe rules for deter-
(A) With respect to a covered loan made
mining a partner’s distributive share of any before March 27, 2020, and not on deferment,
amount described in subparagraph (A) for purposes the Administrator shall make those pay-
of section 705 of the Internal Revenue Code of 1986.’’ ments as follows:
(i) The Administrator shall make those
§ 9010. Resources and services in languages other payments for the 6-month period begin-
than English ning with the next payment due on the
(a) In general covered loan.
The Administrator shall provide the resources (ii) In addition to the payments under
and services made available by the Administra- clause (i)—
tion to small business concerns in the 10 most (I) with respect to a covered loan other
commonly spoken languages, other than than a covered loan described in para-
English, in the United States, which shall in- graph (1)(A)(i) or (2) of subsection (a),
clude Mandarin, Cantonese, Japanese, and Ko- the Administrator shall make those pay-
rean. ments for—
(aa) the 3-month period beginning
(b) Authorization of appropriations
with the first payment due on the cov-
There is authorized to be appropriated to the ered loan on or after February 1, 2021;
Administrator $25,000,000 to carry out this sec- and
tion. (bb) an additional 5-month period im-
(Pub. L. 116–136, div. A, title I, § 1111, Mar. 27, mediately following the end of the 3-
2020, 134 Stat. 309.) month period provided under item (aa)
if the covered loan is made to a bor-
§ 9011. Subsidy for certain loan payments rower that, according to records of the
(a) Definition of covered loan Administration, is assigned a North
American Industry Classification Sys-
In this section, the term ‘‘covered loan’’ tem code beginning with 61, 71, 72, 213,
means a loan that is— 315, 448, 451, 481, 485, 487, 511, 512, 515,
(1) guaranteed by the Administration 532, or 812; and
under—
(A) section 636(a) of this title— (II) with respect to a covered loan de-
(i) including a loan made under the Com- scribed in paragraph (1)(A)(i) or (2) of
munity Advantage Pilot Program of the subsection (a), the Administrator shall
Administration; and make those payments for the 8-month
(ii) excluding a loan made under para- period beginning with the first payment
graph (36) of such section 636(a) of this due on the covered loan on or after Feb-
title, as added by section 1102; or ruary 1, 2021.
(B) title V of the Small Business Invest- (B) With respect to a covered loan made
ment Act of 1958 (15 U.S.C. 695 et seq.); or before March 27, 2020, and on deferment, the
Administrator shall make those payments
(2) made by an intermediary to a small busi-
as follows:
ness concern using loans or grants received
(i) The Administrator shall make those
under section 636(m) of this title.
payments for the 6-month period begin-
(b) Sense of Congress ning with the next payment due on the
It is the sense of Congress that— covered loan after the deferment period.
(1) all borrowers are adversely affected by (ii) In addition to the payments under
COVID–19; clause (i)—
(2) relief payments by the Administration (I) with respect to a covered loan other
are appropriate for all borrowers; and than a covered loan described in para-
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