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H.R. 6409, Assistance for Businesses and Local Economies Act

Summary

H. R. 6409 was introduced in the House of Representatives on March 27, 2020 by Ms. Omar and other members. It was referred to the Committee on Ways and Means, and in addition to the Committee on Small Business. The bill may be cited as the Assistance for Businesses and Local Economies Act or the ABLE Act of 2020. Section 2 directs the Social Security Administration and the Small Business Administration to establish the Emergency Social Insurance Program, a joint program to deliver direct payments to affected small businesses and affected idle workers during the COVID-19 crisis. The Small Business Administration and the Department of the Treasury would establish and manage a $500 billion fund for direct economic injury grants.

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Bills Bills 116Hr6409Ih Bills 116Hr6409Ih
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Bills Bills 116Hr6409Ih Bills 116Hr6409Ih

Cite this document

“H.R. 6409, Assistance for Businesses and Local Economies Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6409ih-bills-116hr6409ih/, SHA-256 4c624224d99d3df1ac78f9417e2fdbf2591da81c1d3cdef0f57b085c4b2ccbba.

Full text

                                                                                                                                                                          I




                                                                       116TH CONGRESS
                                                                          2D SESSION
                                                                                                             H. R. 6409
                                                                       To establish the Emergency Social Insurance Program in the Social Security
                                                                           Administration and Small Business Administration in order to address
                                                                           the injury concerns of certain small businesses and idle workers
                                                                           disproportionally affected by the COVID-19 crisis.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                      MARCH 27, 2020
                                                                       Ms. OMAR (for herself, Ms. NORTON, Ms. SCHAKOWSKY, and Ms. TLAIB) in-
                                                                           troduced the following bill; which was referred to the Committee on Ways
                                                                           and Means, and in addition to the Committee on Small Business, 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 com-
                                                                           mittee concerned




                                                                                                                 A BILL
                                                                       To establish the Emergency Social Insurance Program in
                                                                          the Social Security Administration and Small Business
                                                                          Administration in order to address the injury concerns
                                                                          of certain small businesses and idle workers
                                                                          disproportionally affected by the COVID-19 crisis.

                                                                         1               Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,




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                                                                         1     SECTION 1. SHORT TITLE.

                                                                         2               This Act may be cited as the ‘‘Assistance for Busi-
                                                                         3 nesses and Local Economies Act’’ or the ‘‘ABLE Act of
                                                                         4 2020’’.
                                                                         5     SEC. 2. ESTABLISHMENT AND COORDINATION OF THE

                                                                         6                             EMERGENCY SOCIAL INSURANCE PROGRAM.

                                                                         7               (a) IN GENERAL.—The Administrator of the Social
                                                                         8 Security Administration and the Administrator of the
                                                                         9 Small Business Administration, under the direction of the
                                                                       10 Secretary of Labor and the Secretary of the Treasury, re-
                                                                       11 spectively, in consultation with the Commissioner of the
                                                                       12 Internal Revenue Service, shall establish a joint program
                                                                       13 to efficiently coordinate and deliver direct payments to af-
                                                                       14 fected small businesses and affected idle workers during
                                                                       15 the COVID-19 crisis.
                                                                       16                (b) ESTABLISHMENT.—The Emergency Social Insur-
                                                                       17 ance Program shall be a dual approach for direct govern-
                                                                       18 ment assistance to meet full salary need of lost wages
                                                                       19 faced by affected idle workers and to meet full mainte-
                                                                       20 nance need of output losses faced by affected small busi-
                                                                       21 nesses in order to stabilize and shelter the economy from
                                                                       22 COVID-19.
                                                                       23                (c) COORDINATION.—The Social Security Adminis-
                                                                       24 tration and the Department of Labor shall collaborate




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                                                                       25 with States to increase and maximize unemployment in-
                                                                       26 surance benefits for affected idle workers through existing
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                                                                         1 State agency mechanisms. The Small Business Adminis-
                                                                         2 tration and the Department of the Treasury (with the In-
                                                                         3 ternal Revenue Service) shall be responsible for estab-
                                                                         4 lishing and managing a $500 billion fund for direct eco-
                                                                         5 nomic injury grants for qualifying small businesses, with
                                                                         6 IRS assisting in verification and oversight of awards’
                                                                         7 amounts and uses.
                                                                         8               (d) DEFINITIONS.—In this Act:
                                                                         9                        (1) SSA; SSA ADMINISTRATOR; SBA; SBA AD-
                                                                       10                MINISTRATOR; IRS; IRS COMMISSIONER.—The terms

                                                                       11                ‘‘SSA’’ and ‘‘SSA Administrator’’ mean the Social
                                                                       12                Security Administration and the Administrator
                                                                       13                thereof, the terms ‘‘SBA’’ and ‘‘SBA Administrator’’
                                                                       14                mean the Small Business Administration and the
                                                                       15                Administrator thereof, the terms ‘‘IRS’’ and ‘‘IRS
                                                                       16                Commissioner’’ mean the Internal Revenue Service
                                                                       17                and the Commissioner thereof, respectively.
                                                                       18                         (2) COVID-19 CRISIS.—The term ‘‘COVID-19
                                                                       19                crisis’’ means the period that begins upon the date
                                                                       20                of the enactment of this Act and ends on the date
                                                                       21                of the termination by the Federal Emergency Man-
                                                                       22                agement Agency of the emergency declared on
                                                                       23                March 13, 2020, by the President under the Robert




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                                                                       24                T. Stafford Disaster Relief and Emergency Assist-




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                                                                         1               ance Act (42 U.S.C. 4121 et seq.) relating to the
                                                                         2               Coronavirus Disease 2019 (COVID–19) pandemic.
                                                                         3                        (3) AFFECTED IDLE WORKER.—The term ‘‘af-
                                                                         4               fected idle worker’’ means an individual who, as a
                                                                         5               result of COVID-19—
                                                                         6                                 (A) has no rights to regular compensation
                                                                         7                        with respect to a week under State law or any
                                                                         8                        other State unemployment compensation law or
                                                                         9                        to compensation under any other Federal law;
                                                                       10                                  (B) is not receiving any State or private
                                                                       11                         paid leave with respect to such week; and
                                                                       12                                  (C) can attest that—
                                                                       13                                          (i) the individual is not able or avail-
                                                                       14                                  able to work due to COVID-19 with re-
                                                                       15                                  spect to such week;
                                                                       16                                          (ii) the individual would be able and
                                                                       17                                  available to work during such week, if not
                                                                       18                                  for COVID-19; because
                                                                       19                                          (iii) the individual has a current diag-
                                                                       20                                  nosis of COVID-19;
                                                                       21                                          (iv) the individual is under quarantine
                                                                       22                                  (including self-imposed quarantine), at the
                                                                       23                                  instruction of a health care provider, em-




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                                                                       24                                  ployer, or a local, State, or Federal official,




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                                                                         1                                 in order to prevent the spread of COVID-
                                                                         2                                 19;
                                                                         3                                         (v) the individual is unable to engage
                                                                         4                                 in self-employment and had past net earn-
                                                                         5                                 ings from self-employment (as defined in
                                                                         6                                 section 1402(a) of the Internal Revenue
                                                                         7                                 Code of 1986) of not less than $2500 dur-
                                                                         8                                 ing the 6-month period ending on the date
                                                                         9                                 of enactment of this Act;
                                                                       10                                          (vi) the individual had a contract or
                                                                       11                                  other offer of employment suspended or re-
                                                                       12                                  scinded due to COVID-19;
                                                                       13                                          (vii) the individual is engaged in
                                                                       14                                  caregiving (without compensation) for an
                                                                       15                                  individual who has a current diagnosis of
                                                                       16                                  COVID-19 or is under quarantine; or
                                                                       17                                          (viii) the individual is engaged in
                                                                       18                                  caregiving (without compensation), because
                                                                       19                                  of the COVID-19-related closing of a
                                                                       20                                  school or other care facility or care pro-
                                                                       21                                  gram, for a child or other individual unable
                                                                       22                                  to provide self-care.
                                                                       23                         (4) AFFECTED SMALL BUSINESS.—The term




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                                                                       24                ‘‘affected small business’’ means—




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                                                                         1                                 (A) a small business concern (as defined
                                                                         2                        under section 3 of the Small Business Act (15
                                                                         3                        U.S.C. 636));
                                                                         4                                 (B) a family farm;
                                                                         5                                 (C) an independent contractor; and
                                                                         6                                 (D) any other affected additional covered
                                                                         7                        entity, under section 5 of this Act, to which the
                                                                         8                        Small         Business              Administration                  determines
                                                                         9                        grants would promote full employment and fi-
                                                                       10                         nancial stability during the COVID-19 crisis.
                                                                       11                         (5) AFFECTED SMALL BUSINESS CONCERN.—
                                                                       12                The term ‘‘affected small business concern’’ means
                                                                       13                a small business concern that has experienced, as a
                                                                       14                result of COVID-19—
                                                                       15                                  (A) supply chain disruptions, including
                                                                       16                         changes in—
                                                                       17                                          (i) quantity and lead time, including
                                                                       18                                  the number of shipments and components
                                                                       19                                  and delays in shipments;
                                                                       20                                          (ii) quality, including shortages in
                                                                       21                                  supply for quality control reasons; and
                                                                       22                                          (iii) technology, including a com-
                                                                       23                                  promised payment network;




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                                                                       24                                  (B) staffing challenges;




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                                                                         1                                 (C) a decrease in profits, sales, or cus-
                                                                         2                        tomers; or
                                                                         3                                 (D) a closure.
                                                                         4     SEC. 3. ENHANCEMENT OF EMERGENCY COVID-19 UNEM-

                                                                         5                             PLOYMENT COMPENSATION FOR AFFECTED

                                                                         6                             IDLE WORKERS.

                                                                         7               (a) IN GENERAL.—The Administrator of the Social
                                                                         8 Security Administration (referred to as the ‘‘SSA Admin-
                                                                         9 istrator’’ in this section), in consultation with the Sec-
                                                                       10 retary of Labor, shall assist States to offer expanded un-
                                                                       11 employment insurance for workers reporting as idle or un-
                                                                       12 employed, as a result of the public health emergency de-
                                                                       13 clared because of COVID-19.
                                                                       14                (b) IDLE DEFINED.—The term ‘‘idle’’ means a work-
                                                                       15 er facing substantial economic uncertainty and hardship
                                                                       16 due the COVID-19 and its social distancing, including but
                                                                       17 not limited to—
                                                                       18                         (1) food service industry workers and hospi-
                                                                       19                tality workers;
                                                                       20                         (2) domestic workers and tipped workers;
                                                                       21                         (3) gig economy workers, freelancers, and other
                                                                       22                self-employed individuals; and
                                                                       23                         (4) independent contractors.




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                                                                       24                (c)      FEDERAL-STATE                       AGREEMENTS.—Any                     State
                                                                       25 which desires to do so may enter into and participate in


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                                                                         1 an agreement under this section with the Secretary of
                                                                         2 Labor (hereinafter this section referred to as the ‘‘Sec-
                                                                         3 retary’’). Any State which is a party to an agreement
                                                                         4 under this section may, upon providing 30 days’ written
                                                                         5 notice to the Secretary, terminate such agreement.
                                                                         6               (d) PROVISIONS OF AGREEMENT.—
                                                                         7                        (1) IN GENERAL.—Any agreement under this
                                                                         8               section shall provide the following:
                                                                         9                                 (A) EMERGENCY                         COVID-19            UNEMPLOY-

                                                                       10                         MENT COMPENSATION.—The                                   State agency of
                                                                       11                         the State will make payments of regular com-
                                                                       12                         pensation to individuals in amounts and to the
                                                                       13                         extent that they would be determined if that
                                                                       14                         State law of the State were applied, with re-
                                                                       15                         spect to any week for which the individual is
                                                                       16                         (disregarding this section) otherwise entitled
                                                                       17                         under the State law to receive regular com-
                                                                       18                         pensation, as if such State law had been modi-
                                                                       19                         fied in a manner such that the amount of reg-
                                                                       20                         ular compensation (including dependents’ allow-
                                                                       21                         ances) payable for any week shall be equal to
                                                                       22                         meet 100 percent salary—
                                                                       23                                          (i) the amount determined under the




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                                                                       24                                  State law (before the application of this
                                                                       25                                  paragraph), plus additional amount caps


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                                                                         1                                 (referred to as ‘‘Emergency COVID-19
                                                                         2                                 Unemployment Compensation’’ in this sec-
                                                                         3                                 tion), including—
                                                                         4                                         (ii) up to an additional $5,000 per
                                                                         5                                 month for all affected idle workers of such
                                                                         6                                 affected small businesses (described in sec-
                                                                         7                                 tion 3 of this Act);
                                                                         8                                         (iii) up to an additional $4,000 per
                                                                         9                                 month for all affected idle tipped workers,
                                                                       10                                  certain domestic workers, and independent
                                                                       11                                  contractors; and
                                                                       12                                          (iv) up to an additional $3,000 per
                                                                       13                                  month for all other affected and eligible
                                                                       14                                  self-employed individuals, such as gig econ-
                                                                       15                                  omy workers and freelancers.
                                                                       16                                  (B) EMERGENCY                        COVID-19            SHORT-TIME

                                                                       17                         COMPENSATION.—In                        the case of a State that
                                                                       18                         provides under the State law for the payment of
                                                                       19                         short-time compensation under a short-time
                                                                       20                         compensation program (as defined in section
                                                                       21                         3306(v) of the Internal Revenue Code of 1986),
                                                                       22                         the State agency of the State will make pay-
                                                                       23                         ments of compensation to employees partici-




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                                                                       24                         pating in such program in amounts and to the
                                                                       25                         extent that they would be determined under


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                                                                         1                        such program if the State law of the State were
                                                                         2                        applied with respect to any week for which the
                                                                         3                        individual is (disregarding this section) other-
                                                                         4                        wise eligible under the program under the State
                                                                         5                        law to receive such compensation, as if such
                                                                         6                        State law had been modified in a manner such
                                                                         7                        that the amount of compensation payable for
                                                                         8                        any week shall be equal to the amount deter-
                                                                         9                        mined under the State law (before the applica-
                                                                       10                         tion of this paragraph) plus half the eligible
                                                                       11                         amount of the caps in subparagraph (A) in this
                                                                       12                         section (d).
                                                                       13                         (2) ALLOWABLE METHODS OF PAYMENT.—Any
                                                                       14                Emergency COVID-19 Unemployment Compensa-
                                                                       15                tion or Emergency COVID-19 Short-Time Com-
                                                                       16                pensation provided for in the accordance with para-
                                                                       17                graph (1) shall be payable either—
                                                                       18                                  (A) as an amount which is paid at the
                                                                       19                         same time and in the same manner as any com-
                                                                       20                         pensation otherwise payable for the week in-
                                                                       21                         volved; or
                                                                       22                                  (B) at the option of the State, by pay-
                                                                       23                         ments which are made separately from, but on




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                                                                       24                         the same weekly basis as, any compensation
                                                                       25                         otherwise payable.


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                                                                         1               (e) NONREDUCTION RULE.—Any agreement under
                                                                         2 this section shall not apply (or shall cease to apply) with
                                                                         3 respect to a State upon a determination by the Secretary
                                                                         4 that the method governing computation of regular com-
                                                                         5 pensation under the State law of that State has been
                                                                         6 modified in a manner such that the maximum benefit enti-
                                                                         7 tlement and the average weekly benefit amount of regular
                                                                         8 compensation (or short-time compensation in the case of
                                                                         9 a State described in subsection (d)(1)(B) which will be
                                                                       10 payable during the period of the agreement (determined
                                                                       11 disregarding any Emergency COVID-19 Unemployment
                                                                       12 Compensation or Emergency COVID-19 Short-time Com-
                                                                       13 pensation) will be less than the maximum benefit entitle-
                                                                       14 ment and the average weekly benefit amount of regular
                                                                       15 compensation (or short-time compensation) which would
                                                                       16 otherwise have been payable during such period under the
                                                                       17 State law, as in effect on January 1, 2020.
                                                                       18                (f) PAYMENTS TO STATES.—
                                                                       19                         (1) IN GENERAL.—
                                                                       20                                  (A) FULL REIMBURSEMENT.—There shall
                                                                       21                         be paid to each State which has entered into an
                                                                       22                         agreement under this section an amount equal
                                                                       23                         to 100 percent of—




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                                                                       24                                          (i) the total amount of Emergency
                                                                       25                                  COVID-19 Unemployment Compensation


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                                                                         1                                 paid to individuals by the State pursuant
                                                                         2                                 to such agreement;
                                                                         3                                         (ii) the total amount of Emergency
                                                                         4                                 COVID-19 Short-Time Compensation paid
                                                                         5                                 to individuals. By the State pursuant to
                                                                         6                                 such agreement; and
                                                                         7                                         (iii) any additional administrative ex-
                                                                         8                                 penses incurred by the State by reason of
                                                                         9                                 such agreement (as determined by the Sec-
                                                                       10                                  retary).
                                                                       11                                  (B) TERMS OF PAYMENTS.—Sums payable
                                                                       12                         to any State by reason of such State’s having
                                                                       13                         an agreement under this section shall be pay-
                                                                       14                         able, either in advance or by way of reimburse-
                                                                       15                         ment (as determined by the Secretary), in such
                                                                       16                         amounts as the Secretary Estimates that State
                                                                       17                         will be entitled to receive under this section for
                                                                       18                         each calendar month, reduced or increased, as
                                                                       19                         the case may be, by any amount by which the
                                                                       20                         Secretary finds that his estimates for any prior
                                                                       21                         calendar month were greater or less than the
                                                                       22                         amount which should have been paid to the
                                                                       23                         State. Such estimates may be made on the




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                                                                       24                         basis of such statistical, sampling, or other




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                                                                         1                        method as may be agreed upon by the Secretary
                                                                         2                        and the State agency of the State involved.
                                                                         3                        (2)       CERTIFICATIONS.—The                             Secretary     shall
                                                                         4               from time to time certify to the Secretary of the
                                                                         5               Treasury for payment to each State the sums pay-
                                                                         6               able to such State under this section.
                                                                         7                        (3) APPROPRIATION.—There are appropriated
                                                                         8               from the general fund of the Treasury, without fiscal
                                                                         9               year limitation, such sums as may be necessary for
                                                                       10                purposes of this subsection.
                                                                       11                (g) APPLICABILITY.—
                                                                       12                         (1) IN GENERAL.—An agreement entered into
                                                                       13                under this section shall apply to weeks of unemploy-
                                                                       14                ment—
                                                                       15                                  (A) beginning on or after March 1, 2020;
                                                                       16                         and
                                                                       17                                  (B) ending on or before January 1, 2021.
                                                                       18                         (2) DURATION OF BENEFIT PAYMENTS.—An in-
                                                                       19                dividual who becomes entitled to such agreement will
                                                                       20                receive payments from a State or Agency for not
                                                                       21                more than 25 weeks.
                                                                       22                         (3) TRANSITION RULE FOR INDIVIDUALS RE-
                                                                       23                MAINING ENTITLED TO REGULAR COMPENSATION AS




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                                                                       24                OF APRIL 30, 2021.—In                          the case of any individual
                                                                       25                who, as of the date specified in paragraph (1)(B),


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                                                                         1               has not yet exhausted all rights to regular com-
                                                                         2               pensation under the State law of a State with re-
                                                                         3               spect to a benefit year that began before such date
                                                                         4               (or short-time compensation in the case of State de-
                                                                         5               scribed in subsection (d)(1)(B) Emergency COVID-
                                                                         6               19 Unemployment Compensation or Emergency
                                                                         7               COVID-19 Short-Time Compensation provided for
                                                                         8               in the accordance with paragraph (1) shall be pay-
                                                                         9               able to such individual for any week beginning on or
                                                                       10                after such date for which the individual is otherwise
                                                                       11                eligible for regular compensation (or short-time com-
                                                                       12                pensation) with respect to such benefit year.
                                                                       13                         (4) TERMINATION.—Notwithstanding any other
                                                                       14                provision of this subsection, no Emergency COVID-
                                                                       15                19 Unemployment Compensation or Emergency
                                                                       16                COVID-19 Short-Time Compensation shall be pay-
                                                                       17                able for any week beginning after April 30, 2021,
                                                                       18                but Congress has the option to end this program
                                                                       19                earlier or extend it as well.
                                                                       20                (h) FRAUD AND OVERPAYMENTS.—
                                                                       21                         (1) IN GENERAL.—If an individual knowingly
                                                                       22                has made, or caused to be made by another, a false
                                                                       23                statement or representation of a material fact, or




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                                                                       24                knowingly has failed, or caused another to fail, to
                                                                       25                disclose a material fact, and as a result of such false


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                                                                         1               statement or representation of such nondisclosure
                                                                         2               such individual has received an amount of Emer-
                                                                         3               gency COVID-19 Unemployment Compensation or
                                                                         4               Emergency COVID-19 Short-Time Compensation to
                                                                         5               which such individual was not entitled, such indi-
                                                                         6               vidual—
                                                                         7                                 (A) shall be ineligible for further Emer-
                                                                         8                        gency COVID-19 Unemployment Compensation
                                                                         9                        or Emergency COVID-19 Short-Time Com-
                                                                       10                         pensation in accordance with provisions of the
                                                                       11                         applicable State unemployment compensation
                                                                       12                         law relating to fraud in connection with a claim
                                                                       13                         for unemployment compensation; and
                                                                       14                                  (B) shall be subject to prosecution under
                                                                       15                         section 1001 of title 18, United States Code.
                                                                       16                         (2) REPAYMENT.—In the case of individuals
                                                                       17                who have received amounts of Emergency COVID-
                                                                       18                19 Unemployment Compensation or Emergency
                                                                       19                COVID-19 Short-Time Compensation to which they
                                                                       20                were not entitled, the State shall require such indi-
                                                                       21                viduals to repay the amounts of such Emergency
                                                                       22                COVID-19 Unemployment Compensation or Emer-
                                                                       23                gency COVID-19 Short-Time Compensation to the




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                                                                       24                State agency, expect that the State agency may
                                                                       25                waive such repayment if it determines that—


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                                                                         1                                 (A) the payment of such Emergency
                                                                         2                        COVID-19 Unemployment Compensation or
                                                                         3                        Emergency COVID-19 Short-Time Compensa-
                                                                         4                        tion was without fault on the part of any such
                                                                         5                        individual; and
                                                                         6                                 (B) such repayment would be contrary to
                                                                         7                        equity and good conscience.
                                                                         8                        (3) RECOVERY BY STATE AGENCY.—
                                                                         9                                 (A) IN GENERAL.—The State agency may
                                                                       10                         recover the amount to be repaid, or any part
                                                                       11                         thereof, by deductions from any Emergency
                                                                       12                         COVID-19 Unemployment Compensation or
                                                                       13                         Emergency COVID-19 Short-Time Compensa-
                                                                       14                         tion payable to such individual or from any un-
                                                                       15                         employment payable to such individual under
                                                                       16                         any State or Federal unemployment compensa-
                                                                       17                         tion law administered by the State agency or
                                                                       18                         under any other State or Federal law adminis-
                                                                       19                         tered by the State agency which provides for
                                                                       20                         the payment of any assistance or allowance with
                                                                       21                         respect to any week of unemployment, during
                                                                       22                         the 3-year period after the date such individuals
                                                                       23                         received             the    payment               of      the       Emergency




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                                                                       24                         COVID-19 Unemployment Compensation or
                                                                       25                         Emergency COVID-19 Short-Time Compensa-


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                                                                         1                        tion to which they were not entitled, in accord-
                                                                         2                        ance with the same procedures as apply to the
                                                                         3                        recovery of overpayments of regular unemploy-
                                                                         4                        ment benefits paid by the State.
                                                                         5                                 (B) OPPORTUNITY FOR HEARING.—No re-
                                                                         6                        payment shall be required, and no deduction
                                                                         7                        shall be made, until a determination has been
                                                                         8                        made, notice thereof and an opportunity for a
                                                                         9                        fair hearing has been given to the individual,
                                                                       10                         and the determination has become final.
                                                                       11                         (4) REVIEW.—Any determination by a State
                                                                       12                agency under this section shall be subject to review
                                                                       13                in the same manner and to the same extent as deter-
                                                                       14                minations under the State unemployment compensa-
                                                                       15                tion law, and only in that manner and to that ex-
                                                                       16                tent.
                                                                       17                (i) APPLICATION TO OTHER UNEMPLOYMENT BENE-
                                                                       18      FITS.—

                                                                       19                         (1) IN GENERAL.—Each agreement under this
                                                                       20                section shall include provisions to provide that the
                                                                       21                purposes of the preceding provisions of this section
                                                                       22                shall be applied with respect to unemployment bene-
                                                                       23                fits described in section (i)(3) to the same extent




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                                                                       24                and in the same manner as if those benefits were
                                                                       25                regular compensation.


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                                                                         1                        (2) ELIGIBILITY AND TERMINATION RULES.—
                                                                         2               Emergency COVID-19 Unemployment Compensa-
                                                                         3               tion—
                                                                         4                                 (A) shall not be payable, pursuant to this
                                                                         5                        subsection, with respect to any unemployment
                                                                         6                        benefits described in subsection (i)(3) for any
                                                                         7                        week beginning on or after the date specified in
                                                                         8                        subsection (g)(1)(B), except in the case of an
                                                                         9                        individual who was eligible to receive Emer-
                                                                       10                         gency COVID-19 Unemployment Compensation
                                                                       11                         in connection with any regular compensation or
                                                                       12                         any other unemployment benefits described in
                                                                       13                         subsection (i)(3) for any period of unemploy-
                                                                       14                         ment ending before such date; and
                                                                       15                                  (B) shall in no event be payable for any
                                                                       16                         week beginning after date specified in sub-
                                                                       17                         section (g)(3).
                                                                       18                (j) TREATMENT OF EMERGENCY COVID-19 UNEM-
                                                                       19      PLOYMENT COMPENSATION AND EMERGENCY COVID-19

                                                                       20 SHORT-TIME COMPENSATION PAYMENTS.—An Emer-
                                                                       21 gency COVID-19 Unemployment Compensation and
                                                                       22 Emergency COVID-19 Short-Time Compensation pay-
                                                                       23 ment shall not be regarded as income and shall not be




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                                                                       24 regarded as a resource for the money of receipt and the
                                                                       25 following 9 months, for purposes of determining the eligi-


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                                                                         1 bility of the recipient (or the recipient’s spouse or family)
                                                                         2 for benefits or assistance, or the amount or extent of bene-
                                                                         3 fits or assistance, under any Federal program or under
                                                                         4 any State or local program financed in whole or in part
                                                                         5 with Federal funds.
                                                                         6               (k) DEFINITIONS.—For purposes of this section—
                                                                         7                        (1) the terms ‘‘compensation’’, ‘‘regular com-
                                                                         8               pensation’’, ‘‘benefit year’’, ‘‘State’’, ‘‘State agency’’,
                                                                         9               ‘‘State law’’, and ‘‘week’’ have the respective mean-
                                                                       10                ings given such terms under section 205 of the Fed-
                                                                       11                eral-State Extended Unemployment Compensation
                                                                       12                Act of 1970 (26 U.S.C. 3304);
                                                                       13                         (2) the term ‘‘maximum benefit entitlement’’
                                                                       14                means the amount of regular compensation payable
                                                                       15                to an individual with respect to the individual’s ben-
                                                                       16                efit year; and
                                                                       17                         (3) any reference to unemployment benefits de-
                                                                       18                scribed in this paragraph shall be considered to refer
                                                                       19                to—
                                                                       20                                  (A) extended compensation (as defined by
                                                                       21                         section 205 of the Federal-State Extended Un-
                                                                       22                         employment Compensation Act of 1970); and
                                                                       23                                  (B) unemployment compensation (as de-




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                                                                       24                         fined by section 85(b) of the Internal Revenue
                                                                       25                         Code of 1986) provided under any program ad-


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                                                                         1                        ministered by a State under an agreement with
                                                                         2                        the Secretary.
                                                                         3     SEC. 4. EMERGENCY DIRECT COMPENSATION FOR AF-

                                                                         4                             FECTED ADDITIONAL COVERED ENTITIES.

                                                                         5               (a) IN GENERAL.—The Administrator of the Small
                                                                         6 Business Administration in consultation with the Sec-
                                                                         7 retary of the Treasury and the Commissioner of the Inter-
                                                                         8 nal Revenue Service, shall provide grants to additional
                                                                         9 covered entities that have suffered a substantial economic
                                                                       10 injury (as defined in section 7(b)(2) of the Small Business
                                                                       11 Act (15 U.S.C. 636(b)(2))), directly or indirectly, as a re-
                                                                       12 sult of the public health emergency declared because of
                                                                       13 COVID-19.
                                                                       14                (b) ADDITIONAL COVERED ENTITY DEFINED.—The
                                                                       15 term ‘‘additional covered entity’’ means—
                                                                       16                         (1) a business concern that employs not more
                                                                       17                than 500 employees per physical location of the busi-
                                                                       18                ness concern and that is assigned a North American
                                                                       19                Industry Classification System code beginning with
                                                                       20                71; 72; 44; 45;
                                                                       21                         (2) a small business concern (as defined under
                                                                       22                section 3 of the Small Business Act (15 U.S.C.
                                                                       23                632)); and




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                                                                       24                         (3) if such person was in operation on or before
                                                                       25                January 31, 2020—


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                                                                         1                                 (A) an individual who operates under a
                                                                         2                        sole proprietorship or as an independent con-
                                                                         3                        tractor;
                                                                         4                                 (B) a cooperative that employs not more
                                                                         5                        than 500 employees per physical location of the
                                                                         6                        cooperative;
                                                                         7                                 (C) an ESOP (as defined in section
                                                                         8                        3(q)(6) of the Small Business Act (15 U.S.C.
                                                                         9                        632(q)(6))) that employs not more than 500
                                                                       10                         employees per physical location of the ESOP;
                                                                       11                                  (D) an organization serving veterans or
                                                                       12                         members of the Armed Forces (as defined in
                                                                       13                         section 501(c)(19) of the Internal Revenue
                                                                       14                         Code of 1986, that is exempt from taxation
                                                                       15                         under subsection (a) of such sections);
                                                                       16                                  (E) a private nonprofit organization that
                                                                       17                         employs not more than 500 employees per phys-
                                                                       18                         ical location of the organization; or
                                                                       19                                  (F) a start-up small business concern that
                                                                       20                         employs not more than 500 employees per phys-
                                                                       21                         ical location of the concern.
                                                                       22                (c) PRIORITY.—The SBA Administrator shall con-
                                                                       23 sider prioritizing certain small businesses in initial rounds




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                                                                       24 of grantmaking such as—




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                                                                         1                        (1) a small business concern that employs not
                                                                         2               more than 100 employees per physical location;
                                                                         3                        (2) a minority-owned small business concern, a
                                                                         4               woman-owned small business concern, or a veteran-
                                                                         5               owned small business concern;
                                                                         6                        (3) a small business concern where the owner’s
                                                                         7               pay is equal to or less than 25 times the average
                                                                         8               worker pay; or
                                                                         9                        (4) a small business concern that has not fired
                                                                       10                or laid off its employees yet, reduced the salaries or
                                                                       11                wages of its employees, or changed any labor con-
                                                                       12                tracts, such as collective bargaining rights, for its
                                                                       13                employees in the interim, unless exceptions provided
                                                                       14                within subsection (o)(5) are met.
                                                                       15                (d) SELF-REPORTING IN APPLICATION.—The SBA
                                                                       16 Administrator, in coordination with the IRS Commis-
                                                                       17 sioner, shall consider the necessary maintenance costs, as
                                                                       18 established in subsection (l), self-reported by qualifying
                                                                       19 additional covered entities, to determine the sufficient
                                                                       20 amount of grants. An eligible recipient seeking such a
                                                                       21 grant under this section shall submit documentation to the
                                                                       22 SBA and IRS that include—
                                                                       23                         (1) documentation verifying the number of full-




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                                                                       24                time equivalent employees on payroll and pay rates




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                                                                         1               for the periods described in subsection (d), includ-
                                                                         2               ing—
                                                                         3                                 (A) payroll tax filings reported to the In-
                                                                         4                        ternal Revenue Service; and
                                                                         5                                 (B) State income, payroll, and unemploy-
                                                                         6                        ment insurance filings;
                                                                         7                        (2) documentation, including cancelled checks,
                                                                         8               payment receipts, transcripts of accounts, or other
                                                                         9               documents verifying payments on covered mortgage
                                                                       10                obligations, payments on covered lease obligations,
                                                                       11                and covered utility payments;
                                                                       12                         (3) a certification from a representative of the
                                                                       13                eligible recipient authorized to make such certifi-
                                                                       14                cations that—
                                                                       15                                  (A) the documentation presented is true
                                                                       16                         and correct; and
                                                                       17                                  (B) the amount for which the grant is re-
                                                                       18                         quested was used to retain employees, make in-
                                                                       19                         terest payments on a covered mortgage obliga-
                                                                       20                         tion, make payments on a covered rent obliga-
                                                                       21                         tion, or make covered utility payments; and
                                                                       22                         (4) any other documentation the SBA Adminis-
                                                                       23                trator determines necessary.




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                                                                       24                (e) ADDITIONAL PROCESSES.—The SBA Adminis-
                                                                       25 trator shall also be able to use the existing direct loan


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                                                                         1 application process administered under section 7(b) of the
                                                                         2 Small Business Act (15 U.S.C. 636(b)) to disburse grant
                                                                         3 funds, to the greatest extent possible, within 7 days after
                                                                         4 receiving an application from an additional covered entity.
                                                                         5               (f) VERIFICATION                     OF       ELIGIBILITY.—Before dis-
                                                                         6 bursing amounts under this subsection, the SBA Adminis-
                                                                         7 trator shall verify that the applicant is an additional cov-
                                                                         8 ered entity.
                                                                         9               (g) VERIFICATION OF AMOUNT.—After disbursing
                                                                       10 amounts under this subsection, the SBA Administrator,
                                                                       11 in consultation with the IRS commissioner, shall verify
                                                                       12 that the requested amount for grants from an additional
                                                                       13 covered entity did not exceed necessary maintenance costs,
                                                                       14 not later than 1 year after the end date or termination
                                                                       15 of this Act.
                                                                       16                (h) OVERPAYMENT.—Excess compensation in the
                                                                       17 form of any overpayment of grants, as examined and de-
                                                                       18 termined by the IRS and SBA in post-award reviews, shall
                                                                       19 be automatically considered as zero-interest loans to be
                                                                       20 paid and returned to the United States Government.
                                                                       21                (i) EXEMPTION FROM AFFILIATION RULES.—For
                                                                       22 purposes of this section, the SBA Administrator shall sus-
                                                                       23 pend the application of the affiliation rules of the Small




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                                                                       24 Business Administration during the period beginning on
                                                                       25 January 31, 2020, and ending on September 30, 2021,


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                                                                         1 expect that individual affiliates may not exceed the current
                                                                         2 small business size standard for the industry in which the
                                                                         3 affiliate operates, and any group of affiliates may not re-
                                                                         4 ceive more than 3 times the maximum allowable grant
                                                                         5 amount under subsection (j).
                                                                         6               (j) AMOUNT OF GRANTS.—The amount of a grant
                                                                         7 provided under this section shall not be more than
                                                                         8 $100,000. The SBA Administrator shall have the discre-
                                                                         9 tion to increase this cap for certain qualifying additional
                                                                       10 covered entities to ensure meeting 100 percent necessary
                                                                       11 maintenance costs.
                                                                       12                (k) AUTOMATIC MULTIPLE PAYMENTS.—Additional
                                                                       13 covered entities that receive their first grant will automati-
                                                                       14 cally be considered for and delivered another grant at the
                                                                       15 same level for at least the next four months, unless self-
                                                                       16 opted out or determined by the SBA Administrator.
                                                                       17                (l) USE OF FUNDS ONLY FOR NECESSARY MAINTE-
                                                                       18      NANCE COSTS.—An additional covered entity that receives

                                                                       19 grants under this section may use the grant funds for nec-
                                                                       20 essary maintenance costs to address the direct effects of
                                                                       21 the COVID-19 pandemic, including—
                                                                       22                         (1) payroll support, including paid sick, med-
                                                                       23                ical, or family leave and costs related to the continu-




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                                                                       24                ation of health care benefits;




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                                                                         1                        (2) maintaining payroll to retain employees dur-
                                                                         2               ing business disruptions or substantial slowdowns;
                                                                         3                        (3) meeting increased costs to obtain materials
                                                                         4               unavailable from the original source of the additional
                                                                         5               covered entity due to interrupted supply chains;
                                                                         6                        (4) making payments under a lease or mortgage
                                                                         7               loan, or a contract for utility services, related to a
                                                                         8               place of operation of the additional covered entity;
                                                                         9                        (5) repaying obligations that cannot be met due
                                                                       10                to revenue losses; and
                                                                       11                         (6) other expenses, as deemed appropriate by
                                                                       12                the Administrator.
                                                                       13                (m) ELIGIBILITY FOR ADDITIONAL ASSISTANCE.—
                                                                       14 An additional covered entity that receives grants under
                                                                       15 this section may also apply for a zero-interest loan under
                                                                       16 subsection (a) or (b) of section 6 of the Small Business
                                                                       17 Act (15 U.S.C. 636).
                                                                       18                (n) TAXABILITY.—Grant amounts, canceled indebt-
                                                                       19 edness, and other awards under this section shall be ex-
                                                                       20 cluded from gross income for purposes of the Internal
                                                                       21 Revenue Code of 1986.
                                                                       22                (o) LIMITS ON AMOUNT OF GRANTS.—
                                                                       23                         (1) REDUCTION BASED ON REDUCTION IN NUM-




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                                                                       24                BER OF EMPLOYEES.—




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                                                                         1                                 (A) IN GENERAL.—The amount of grants
                                                                         2                        under this section shall be substantially re-
                                                                         3                        duced, but not increased, by multiplying the
                                                                         4                        amount described in subsection (j) by the
                                                                         5                        quotient obtained by dividing—
                                                                         6                                         (i) the average number of full-time
                                                                         7                                 equivalent employees per month employed
                                                                         8                                 by the eligible recipient during the covered
                                                                         9                                 period; by
                                                                       10                                          (ii)(I) the average number of full-time
                                                                       11                                  equivalent employees per month employed
                                                                       12                                  by the eligible recipient during the period
                                                                       13                                  beginning on February 15, 2019, and end-
                                                                       14                                  ing on June 30, 2019;
                                                                       15                                          (II) if the eligible recipient was not in
                                                                       16                                  operation before June 30, 2019, the aver-
                                                                       17                                  age number of full-time equivalent employ-
                                                                       18                                  ees per month employed by the eligible re-
                                                                       19                                  cipient during the period beginning on
                                                                       20                                  January 1, 2020, and ending on February
                                                                       21                                  29, 2020; or
                                                                       22                                          (III) in the case of an eligible recipi-
                                                                       23                                  ent that is a seasonal employer, as deter-




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                                                                       24                                  mined by the SBA Administrator, the aver-
                                                                       25                                  age number of full-time equivalent employ-


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                                                                         1                                 ees per month employed by the eligible re-
                                                                         2                                 cipient during the beginning on February
                                                                         3                                 15, 2019, and ending on June 30, 2019.
                                                                         4                                 (B) CALCULATION OF AVERAGE NUMBER
                                                                         5                        OF       EMPLOYEES.—For                       purposes of subpara-
                                                                         6                        graph (A), the average number of full-time
                                                                         7                        equivalent employees shall be determined by
                                                                         8                        calculating the average number of full-time
                                                                         9                        equivalent employees for each pay period falling
                                                                       10                         with a month.
                                                                       11                         (2) REDUCTION                     RELATING TO SALARY AND

                                                                       12                WAGES.—

                                                                       13                                  (A) IN GENERAL.—The amount of grants
                                                                       14                         under this section shall be reduced by the
                                                                       15                         amount of any reduction in total salary or
                                                                       16                         wages of any employee described in subpara-
                                                                       17                         graph (B) during the covered period that is in
                                                                       18                         excess of 25 percent of the total salary or wages
                                                                       19                         of the employee during the most recent full
                                                                       20                         quarter during which the employee was em-
                                                                       21                         ployed before the covered period.
                                                                       22                                  (B) EMPLOYEES                        DESCRIBED.—An             em-
                                                                       23                         ployee described in this subparagraph is any




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                                                                       24                         employee who did not receive, during any single
                                                                       25                         pay period during 2019, wages or salary at an


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                                                                         1                        annualized rate of pay in an amount more than
                                                                         2                        $100,000.
                                                                         3                        (3) EXCEPTION FOR TIPPED WORKERS.—An el-
                                                                         4               igible recipient with tipped employees described in
                                                                         5               section 3(m)(2)(A) of the Fair Labor Standards Act
                                                                         6               of 1938 (29 U.S.C. 203(m)(2)(A)) may receive for-
                                                                         7               giveness for additional wages paid to those employ-
                                                                         8               ees.
                                                                         9                        (4) INELIGIBILITY AND EXCLUSION FROM FU-
                                                                       10                TURE CONSIDERATION OF FUNDS.—The                                                 SBA Ad-
                                                                       11                ministrator shall consider immediately stopping and
                                                                       12                excluding any future grants for additional covered
                                                                       13                entities that fire their employees during the payment
                                                                       14                period.
                                                                       15                         (5) EXCEPTION FOR RE-HIRES.—
                                                                       16                                  (A) IN GENERAL.—In a circumstance de-
                                                                       17                         scribed in paragraph (4), the amount of grants
                                                                       18                         under this section shall be determined without
                                                                       19                         regard to a reduction in the number of full-time
                                                                       20                         equivalent employees of an eligible recipient or
                                                                       21                         a reduction in the salary of 1 or more employ-
                                                                       22                         ees of the eligible recipient, as applicable, dur-
                                                                       23                         ing the period beginning on February 15, 2020,




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                                                                       24                         and ending on April 1, 2020.




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                                                                         1                                 (B) CIRCUMSTANCES.—A circumstance de-
                                                                         2                        scribed          in      this        subparagraph                  is   a   cir-
                                                                         3                        cumstance—
                                                                         4                                         (i) in which—
                                                                         5                                                  (I) during the period beginning
                                                                         6                                         on February 15, 2020, and ending on
                                                                         7                                         April 1, 2020, there is a reduction, as
                                                                         8                                         compared to February 15, 2020, in
                                                                         9                                         the number of full-time equivalent em-
                                                                       10                                          ployees of an eligible recipient; and
                                                                       11                                                   (II) not later than June 30,
                                                                       12                                          2020, the eligible employer has elimi-
                                                                       13                                          nated the reduction in the number of
                                                                       14                                          full-time equivalent employees;
                                                                       15                                          (ii) in which—
                                                                       16                                                   (I) during the period beginning
                                                                       17                                          on February 15, 2020, and ending in
                                                                       18                                          April 1, 2020, there is a reduction, as
                                                                       19                                          compared to February 15, 2020, in
                                                                       20                                          the salary or wages of 1 or more em-
                                                                       21                                          ployees of the eligible recipient; and
                                                                       22                                                   (II) not later than June 30,
                                                                       23                                          2020, the eligible employer has elimi-




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                                                                       24                                          nated the reduction in the salary or
                                                                       25                                          wages of such employees; or


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                                                                         1                                         (iii) in which the events described in
                                                                         2                                 clauses (i) and (ii) occur.
                                                                         3               (p) PROCEDURES.—The SBA Administrator shall es-
                                                                         4 tablish procedures, in coordination with the SSA Adminis-
                                                                         5 trator and IRS Commissioner, to verify and document the
                                                                         6 compliance of an additional covered entity that receives
                                                                         7 grants under this section with the requirements under this
                                                                         8 section in order to prevent waste, fraud, and abuse of such
                                                                         9 grant funds.
                                                                       10                (q) REGULATIONS.—Not later than 30 days after the
                                                                       11 date of enactment of this Act, the SBA Administrator, in
                                                                       12 consultation with the IRS Commissioner, shall issue guid-
                                                                       13 ance and regulations implementing this section.
                                                                       14                (r) REPORT.—Not later than March 31, 2022, the
                                                                       15 SBA Administrator shall submit to Congress a report that
                                                                       16 includes—
                                                                       17                         (1) the number of grants made under this sec-
                                                                       18                tion, disaggregated by the number of grants made
                                                                       19                per 10,000 amount;
                                                                       20                         (2) the average amount of a grant award;
                                                                       21                         (3) an analysis of the program established
                                                                       22                under this section and recommendations for im-
                                                                       23                provement;




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                                                                       24                         (4) the average time from receipt of an applica-
                                                                       25                tion to approval of grant under this section; and


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                                                                         1                        (5) the average time from approval of grant to
                                                                         2               disbursement of grant funds.
                                                                         3               (s) AUTHORIZATIONS OF APPROPRIATIONS.—There
                                                                         4 is authorization to be appropriated $500,000,000,000 of
                                                                         5 the SBA Administrator to carry out this section. Congress
                                                                         6 shall consider increasing funds at the request of the SBA
                                                                         7 Administrator.
                                                                         8               (t) TERMINATION.—The authority to carry out
                                                                         9 grants under this subsection shall terminate on April 30,
                                                                       10 2021.
                                                                                                                                  Æ




SSpencer on DSKBBXCHB2PROD with BILLS
                                                                                    •HR 6409 IH

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