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H.R. 8485, Health and Fitness Recovery Act of 2020

Summary

H.R. 8485, the Health and Fitness Recovery Act of 2020, was introduced in the House of Representatives on October 1, 2020 by Mr. Fitzpatrick, for himself and Mr. Quigley, and referred to the Committee on Financial Services, with additional committees named. It would establish a Health Club Recovery Fund, with $30,000,000,000 appropriated to remain available until December 31, 2020, to give relief to health and fitness service establishments. Grants go to eligible entities such as health clubs, gyms and fitness studios, awarded in the order completed applications are received. In the initial 14-day period, grants go only to entities with annual revenues of less than $1,500,000.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr8485Ih Bills 116Hr8485Ih
Case
Bills Bills 116Hr8485Ih Bills 116Hr8485Ih

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“H.R. 8485, Health and Fitness Recovery Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr8485ih-bills-116hr8485ih/, SHA-256 530ce5adeb6a78065b62c8818b6f8d4e5dfb4aa710115eb51bcb6993a6b70966.

Full text

                                                                                                                                                                        I




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                           H. R. 8485
                                                                     To establish a $30,000,000,000 Health Club Recovery Fund to provide struc-
                                                                         tured relief to health and fitness service establishments through Decem-
                                                                         ber 31, 2020, and for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                  OCTOBER 1, 2020
                                                                     Mr. FITZPATRICK (for himself and Mr. QUIGLEY) introduced the following bill;
                                                                         which was referred to the Committee on Financial Services, and in addi-
                                                                         tion to the Committees on Ways and Means, and the Budget, for a period
                                                                         to be subsequently determined by the Speaker, in each case for consider-
                                                                         ation of such provisions as fall within the jurisdiction of the committee
                                                                         concerned




                                                                                                               A BILL
                                                                     To establish a $30,000,000,000 Health Club Recovery Fund
                                                                        to provide structured relief to health and fitness service
                                                                        establishments through December 31, 2020, and for
                                                                        other purposes.

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

                                                                       4               This Act may be cited as the ‘‘Health and Fitness
                                                                       5 Recovery Act of 2020’’.



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                                                                       1     SEC. 2. DEFINITIONS.

                                                                       2               In this Act:
                                                                       3                        (1) AFFILIATED BUSINESS.—The term ‘‘affili-
                                                                       4               ated business’’ means a business in which an eligible
                                                                       5               entity has an equity or right to profit distributions
                                                                       6               of not less than 50 percent, or in which an eligible
                                                                       7               entity has the contractual authority to control the
                                                                       8               direction of the business, provided that such affili-
                                                                       9               ation shall be determined as of any arrangements or
                                                                     10                agreements in existence as of March 13, 2020.
                                                                     11                         (2) COVERED PERIOD.—The term ‘‘covered pe-
                                                                     12                riod’’ means the period beginning on February 15,
                                                                     13                2020, and ending on December 31, 2020.
                                                                     14                         (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
                                                                     15                ty’’—
                                                                     16                                  (A) subject to subparagraph (B), means a
                                                                     17                         health club, health or fitness studio, fitness cen-
                                                                     18                         ter, gym, or fitness or health spa; and
                                                                     19                                  (B) does not include an entity that is, or
                                                                     20                         is part of, a governmental facility.
                                                                     21                         (4) FUND.—The term ‘‘Fund’’ means the
                                                                     22                Health Club Recovery Fund established under sec-
                                                                     23                tion 3.
                                                                     24                         (5) PAYROLL COSTS.—The term ‘‘payroll costs’’




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                                                                     25                has the meaning given the term in section


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                                                                       1               7(a)(36)(A) of the Small Business Act (15 U.S.C.
                                                                       2               636(a)(36)(A)).
                                                                       3                        (6) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       4               the Secretary of the Treasury.
                                                                       5     SEC. 3. HEALTH CLUB RECOVERY FUND.

                                                                       6               (a) IN GENERAL.—There is established in the Treas-
                                                                       7 ury of the United States a fund to be known as the Health
                                                                       8 Club Recovery Fund.
                                                                       9               (b) APPROPRIATIONS.—
                                                                     10                         (1) IN GENERAL.—There is appropriated to the
                                                                     11                Fund, out of amounts in the Treasury not otherwise
                                                                     12                appropriated, $30,000,000,000, to remain available
                                                                     13                until December 31, 2020.
                                                                     14                         (2) REMAINDER TO TREASURY.—Any amounts
                                                                     15                remaining in the Fund after December 31, 2020,
                                                                     16                shall be deposited in the general fund of the Treas-
                                                                     17                ury.
                                                                     18                (c) USE             OF        FUNDS.—The Secretary shall use
                                                                     19 amounts in the Fund to make grants described in section
                                                                     20 4.
                                                                     21      SEC. 4. HEALTH CLUB RECOVERY GRANTS.

                                                                     22                (a) IN GENERAL.—The Secretary shall award grants
                                                                     23 to eligible entities to provide relief to such entities during
                                                                     24 the COVID–19 pandemic.



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                                                                     25                (b) APPLICATION.—


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                                                                       1                        (1) IN GENERAL.—An eligible entity desiring a
                                                                       2               grant under this section shall submit to the Sec-
                                                                       3               retary an application at such time, in such manner,
                                                                       4               and containing such information as the Secretary
                                                                       5               may require.
                                                                       6                        (2) CERTIFICATION.—An eligible entity apply-
                                                                       7               ing for a grant under this section shall make a good
                                                                       8               faith certification—
                                                                       9                                 (A) that the uncertainty of current eco-
                                                                     10                         nomic conditions makes necessary the grant re-
                                                                     11                         quest to support the ongoing operations of the
                                                                     12                         eligible entity;
                                                                     13                                  (B) acknowledging that funds will be used
                                                                     14                         to retain workers and maintain payroll or for
                                                                     15                         other allowable expenses described in subsection
                                                                     16                         (e);
                                                                     17                                  (C) that the eligible entity does not have
                                                                     18                         an application pending for a grant under sub-
                                                                     19                         section (a)(36) or (b)(2) of section 7 of the
                                                                     20                         Small Business Act (15 U.S.C. 636) for the
                                                                     21                         same purpose and duplicative of amounts ap-
                                                                     22                         plied for or received under this section; and
                                                                     23                                  (D) that, during the covered period, the el-
                                                                     24                         igible entity has not received amounts under



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                                                                     25                         subsection (a)(36) or (b)(2) of section 7 of the


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                                                                       1                        Small Business Act (15 U.S.C. 636) for the
                                                                       2                        same purpose and duplicative of amounts ap-
                                                                       3                        plied for or received under this section.
                                                                       4                        (3) HOLD HARMLESS.—The Secretary shall not
                                                                       5               reduce the amount of a grant to an eligible entity
                                                                       6               under this section, or otherwise penalize such eligible
                                                                       7               entity, on the basis of the eligible entity having
                                                                       8               failed to hire or rehire employees contrary to assur-
                                                                       9               ances made by the eligible entity in its grant appli-
                                                                     10                cation, so long as the eligible entity is able to docu-
                                                                     11                ment—
                                                                     12                                  (A) an inability to rehire individuals who
                                                                     13                         were employees of the eligible entity on Feb-
                                                                     14                         ruary 15, 2020; and
                                                                     15                                  (B) an inability to hire similarly qualified
                                                                     16                         employees for unfilled positions on or before
                                                                     17                         December 31, 2020.
                                                                     18                (c) PRIORITY IN AWARDING GRANTS.—
                                                                     19                         (1) IN GENERAL.—Subject to paragraph (2),
                                                                     20                the Secretary shall award grants to eligible entities
                                                                     21                under subsection (a) in the order in which completed
                                                                     22                applications are received by the Secretary in accord-
                                                                     23                ance with this section.




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                                                                       1                        (2) PRIORITY.—During the initial 14-day pe-
                                                                       2               riod in which the Secretary awards grants under this
                                                                       3               section, the Secretary shall—
                                                                       4                                 (A) prioritize awarding grants to eligible
                                                                       5                        entities serving marginalized and underrep-
                                                                       6                        resented communities, with a focus on women-
                                                                       7                        , veteran-, and minority-owned and operated eli-
                                                                       8                        gible entities serving such communities; and
                                                                       9                                 (B) only award grants to eligible entities
                                                                     10                         with annual revenues of less than $1,500,000.
                                                                     11                (d) GRANT AMOUNT.—
                                                                     12                         (1) AGGREGATE MAXIMUM AMOUNT.—The ag-
                                                                     13                gregate amount of grants made to an eligible entity
                                                                     14                and any affiliate businesses of the eligible entity
                                                                     15                under this section shall not exceed the lesser of—
                                                                     16                                  (A) $10,000,000; or
                                                                     17                                  (B) 10 percent of the sum of the annual
                                                                     18                         revenues of the eligible entity and all affiliate
                                                                     19                         businesses of the eligible entity for the calendar
                                                                     20                         year preceding the award of the grant.
                                                                     21                         (2) DETERMINATION OF GRANT AMOUNT.—
                                                                     22                                  (A) IN GENERAL.—The amount of a grant
                                                                     23                         made to an eligible entity under this section
                                                                     24                         shall be based on the difference in revenues or



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                                                                     25                         estimated revenues of the eligible entity during


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                                                                       1                        a calendar quarter in 2020 selected by the eligi-
                                                                       2                        ble entity as compared to 95 percent of the rev-
                                                                       3                        enues of the eligible entity in the same calendar
                                                                       4                        quarter in 2019.
                                                                       5                                 (B) VERIFICATION.—An eligible entity
                                                                       6                        shall submit to the Secretary such revenue
                                                                       7                        verification documentation as the Secretary
                                                                       8                        may require to determine the amount of a grant
                                                                       9                        under subparagraph (A).
                                                                     10                                  (C) REPAYMENT.—Any amount of a grant
                                                                     11                         made under this section to an eligible entity
                                                                     12                         based on estimated revenues in a calendar quar-
                                                                     13                         ter in 2020 that is above the actual revenues of
                                                                     14                         the eligible entity during that calendar quarter
                                                                     15                         shall be converted to a loan that has—
                                                                     16                                          (i) an interest rate of 1 percent; and
                                                                     17                                          (ii) a maturity date of 10 years begin-
                                                                     18                                  ning on January 1, 2021.
                                                                     19                         (3) NO DUPLICATION OF BENEFITS.—An eligi-
                                                                     20                ble entity that received a loan under section 7(a)(36)
                                                                     21                of the Small Business Act (15 U.S.C. 636(a)(36))
                                                                     22                may not apply for or use grant amounts under this
                                                                     23                section for the same expenses for which the eligible
                                                                     24                entity received the loan.



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                                                                       1                        (4) LIMITATION.—An eligible entity may not re-
                                                                       2               ceive more than 1 grant under this section.
                                                                       3               (e) USE OF FUNDS.—
                                                                       4                        (1) ALLOWABLE USES.—During the covered pe-
                                                                       5               riod, an eligible entity that receives a grant under
                                                                       6               this section may use the grant funds for—
                                                                       7                                 (A) payroll costs;
                                                                       8                                 (B) payments of principal or interest on
                                                                       9                        any mortgage obligation;
                                                                     10                                  (C) rent payments, including rent under a
                                                                     11                         lease agreement;
                                                                     12                                  (D) utilities;
                                                                     13                                  (E) maintenance expenses, including con-
                                                                     14                         struction or reconfiguration to accommodate so-
                                                                     15                         cial distancing requirements;
                                                                     16                                  (F) supplies, including protective equip-
                                                                     17                         ment and cleaning materials;
                                                                     18                                  (G) debt obligations to suppliers that were
                                                                     19                         incurred before the covered period; and
                                                                     20                                  (H) any other expenses that the Secretary
                                                                     21                         determines to be essential to maintaining the el-
                                                                     22                         igible entity.
                                                                     23                         (2) RETURNING FUNDS.—If an eligible entity
                                                                     24                that receives a grant under this section permanently



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                                                                     25                ceases operations on or before December 31, 2020,


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                                                                       1               the eligible entity shall return to the Treasury any
                                                                       2               funds that the eligible entity received through the
                                                                       3               grant and did not use for the allowable expenses
                                                                       4               under paragraph (1).
                                                                       5                        (3)        CONVERSION                   TO         LOAN.—Any            grant
                                                                       6               amounts received by an eligible entity under this sec-
                                                                       7               tion that are unused after December 31, 2020, shall
                                                                       8               be immediately converted to a loan with—
                                                                       9                                 (A) an interest rate of 1 percent; and
                                                                     10                                  (B) a maturity date of 10 years.
                                                                     11                (f) TAXABILITY.—For purposes of the Internal Rev-
                                                                     12 enue Code of 1986—
                                                                     13                         (1) the amount of a grant awarded to an eligi-
                                                                     14                ble entity under this section shall be excluded from
                                                                     15                the gross income of the eligible entity;
                                                                     16                         (2) no deduction shall be denied or reduced, no
                                                                     17                tax attribute shall be reduced, and no basis increase
                                                                     18                shall be denied, by reason of the exclusion from
                                                                     19                gross income provided by paragraph (1); and
                                                                     20                         (3) an eligible entity that receives a grant under
                                                                     21                this section shall not be eligible for the credit de-
                                                                     22                scribed in section 2301 of the CARES Act (Public
                                                                     23                Law 116–136).
                                                                     24                (g) REGULATIONS.—Not later than 15 days after the



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                                                                     25 date of enactment of this Act, the Secretary shall issue


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                                                                       1 regulations to carry out this section without regard to the
                                                                       2 notice and comment requirements under section 553 of
                                                                       3 title 5, United States Code.
                                                                       4               (h) APPROPRIATIONS FOR STAFFING AND ADMINIS-
                                                                       5     TRATIVE EXPENSES.—

                                                                       6                        (1) IN GENERAL.—There is appropriated to the
                                                                       7               Secretary, out of amounts in the Treasury not other-
                                                                       8               wise appropriated, $200,000,000, to remain avail-
                                                                       9               able until December 31, 2020, for staffing and ad-
                                                                     10                ministrative expenses related to administering grants
                                                                     11                awarded under this section.
                                                                     12                         (2) SET              ASIDE.—Of                amounts appropriated
                                                                     13                under paragraph (1), $60,000,000 shall be allocated
                                                                     14                for outreach to traditionally marginalized and under-
                                                                     15                represented communities, with a focus on women-,
                                                                     16                veteran-, and minority-owned and operated eligible
                                                                     17                entities, including the creation of a resource center
                                                                     18                targeted toward these communities.
                                                                     19      SEC. 5. EMERGENCY DESIGNATION.

                                                                     20                (a) IN GENERAL.—The amounts provided by this Act
                                                                     21 are designated as an emergency requirement pursuant to
                                                                     22 section 4(g) of the Statutory Pay-As-You-Go Act of 2010
                                                                     23 (2 U.S.C. 933(g)).
                                                                     24                (b) DESIGNATION IN SENATE.—In the Senate, this



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                                                                     25 Act is designated as an emergency requirement pursuant


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                                                                       1 to section 4112(a) of H. Con. Res. 71 (115th Congress),
                                                                       2 the concurrent resolution on the budget for fiscal year
                                                                       3 2018.
                                                                                                                                Æ




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