S. 4083, Rebuilding Main Street Act of 2020
Summary
S. 4083, the Rebuilding Main Street Act of 2020, was introduced in the Senate on June 25, 2020, by Van Hollen with Merkley, Murphy and Baldwin and referred to the Committee on Finance. It amends the Relief for Workers Affected by Coronavirus Act to extend Federal Pandemic Unemployment Compensation and improve short-time compensation programs and agreements. Section 2104(e)(2) of that act is amended to insert December 31, 2020. One provision directs the Secretary to award grants to States that streamline short-time compensation program guidelines, and the Secretary is to submit a quarterly report to committees.
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Cite this document
“S. 4083, Rebuilding Main Street Act of 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4083is-bills-116s4083is/
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II
116TH CONGRESS
2D SESSION
S. 4083
To amend the Relief for Workers Affected by Coronavirus Act to extend
Federal Pandemic Unemployment Compensation and improve short-time
compensation programs and agreements, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 25, 2020
Mr. VAN HOLLEN (for himself, Mr. MERKLEY, Mr. MURPHY, and Ms. BALD-
WIN) introduced the following bill; which was read twice and referred to
the Committee on Finance
A BILL
To amend the Relief for Workers Affected by Coronavirus
Act to extend Federal Pandemic Unemployment Com-
pensation and improve short-time compensation pro-
grams and agreements, 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 ‘‘Rebuilding Main Street
5 Act of 2020’’.
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1 SEC. 2. EXTENSION OF FEDERAL PANDEMIC UNEMPLOY-
2 MENT COMPENSATION.
3 (a) IN GENERAL.—Section 2104(e)(2) of the Relief
4 for Workers Affected by Coronavirus Act (contained in
5 subtitle A of title II of division A of the CARES Act (Pub-
6 lic Law 116–136)) is amended by striking ‘‘July 31,
7 2020’’ and inserting ‘‘December 31, 2020’’.
8 (b) APPLICATION TO SHORT-TIME COMPENSATION
9 PROGRAMS AND AGREEMENTS.—Section 2104(i)(2) of the
10 Relief for Workers Affected by Coronavirus Act (contained
11 in subtitle A of title II of division A of the CARES Act
12 (Public Law 116–136)) is amended—
13 (1) in subparagraph (C), by striking ‘‘and’’ at
14 the end;
15 (2) in subparagraph (D), by striking the period
16 at the end and inserting ‘‘; and’’; and
17 (3) by adding at the end the following:
18 ‘‘(E) short-time compensation under sec-
19 tion 2108 or 2109.’’.
20 SEC. 3. IMPROVEMENTS TO FINANCING OF SHORT-TIME
21 COMPENSATION.
22 (a) STATES WITH PROGRAMS IN LAW.—Section
23 2108 of the Relief for Workers Affected by Coronavirus
24 Act (contained in subtitle A of title II of division A of
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25 the CARES Act (Public Law 116–136)) is amended—
26 (1) in subsection (a)—
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1 (A) in paragraph (1), by striking ‘‘para-
2 graph (3)’’ and inserting ‘‘paragraphs (3), (4),
3 and (5)’’; and
4 (B) by striking paragraph (3) and insert-
5 ing the following:
6 ‘‘(3) LIMITATIONS ON PAYMENTS.—No pay-
7 ments shall be made to a State under this section
8 for short-time compensation paid to an individual by
9 the State during a benefit year in excess of 26 times
10 the amount of regular compensation (including de-
11 pendents’ allowances) under the State law payable to
12 such individual for a week of total unemployment.
13 ‘‘(4) SEASONAL, TEMPORARY, OR INTERMIT-
14 TENT EMPLOYMENT.—Payments may be made to a
15 State under this section for benefits paid to an indi-
16 vidual by the State under a short-time compensation
17 program if such individual is employed by the par-
18 ticipating employer on a seasonal, temporary, or
19 intermittent basis, and any reduction in such indi-
20 vidual’s hours is due to circumstances related to the
21 coronavirus disease 2019 (COVID–19) pandemic.
22 ‘‘(5) AUTHORITY FOR STATES WITH PROGRAMS
23 IN LAW TO TEMPORARILY ADJUST LIMITS ON WORK-
24 WEEK REDUCTION AND PERMITTING REHIRING.—
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1 ‘‘(A) IN GENERAL.—For purposes of mak-
2 ing payments under this section, in the case of
3 a State whose State law provides for the pay-
4 ment of short-time compensation under a short-
5 time compensation program that meets the defi-
6 nition of such a program under section 3306(v)
7 of the Internal Revenue Code of 1986—
8 ‘‘(i) paragraph (2) of such section
9 3306(v) shall be applied by inserting ‘or
10 the employer rehires employees or brings
11 back employees from furlough at reduced
12 hours’ after ‘layoffs’;
13 ‘‘(ii) paragraph (3) of such section
14 3306(v) shall be applied by striking ‘60
15 percent’ and inserting ‘80 percent’; and
16 ‘‘(iii) paragraph (7) of such section
17 3306(v) shall be applied by inserting ‘, or
18 who is rehired or brought back from fur-
19 lough at reduced hours under the pro-
20 gram,’ after ‘under the program’.
21 ‘‘(B) LIMITATION.—The modifications to
22 such section 3306(v) under clauses (i), (ii), and
23 (iii) of subparagraph (A) shall only apply dur-
24 ing the period for which this section is applica-
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25 ble.’’;
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1 (2) by redesignating subsections (d), (e), and
2 (f) as subsections (e), (f), and (g), respectively; and
3 (3) by inserting after subsection (c) the fol-
4 lowing:
5 ‘‘(d) RESTRICTION ON CHARGING OF FEDERALLY
6 REIMBURSED SHORT-TIME COMPENSATION BENEFITS.—
7 Beginning on the date of enactment of this subsection, a
8 State receiving payments under this section may not in-
9 crease experience rated State unemployment taxes, or re-
10 quire reimbursement for benefit costs, due to short-time
11 compensation benefits paid on or before December 31,
12 2020.’’.
13 (b) FEDERAL-STATE AGREEMENTS.—
14 (1) APPLICATION OF SECTION 3306 OF THE IN-
15 TERNAL REVENUE CODE OF 1986.—Section
16 2109(b)(1) of the Relief for Workers Affected by
17 Coronavirus Act (contained in subtitle A of title II
18 of division A of the CARES Act (Public Law 116–
19 136)) is amended by inserting before the period at
20 the end ‘‘except that paragraphs (2), (3), and (7) of
21 such section 3306(v) shall be applied under an
22 agreement under this section in the same manner as
23 such paragraphs are applied under section 2108
24 pursuant to clauses (i), (ii), and (iii) of paragraph
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25 (5)(A) of such section’’.
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1 (2) EXPANSION OF FINANCING FOR SHORT-
2 TIME COMPENSATION.—
3 (A) IN GENERAL.—Section 2109 of the
4 Relief for Workers Affected by Coronavirus Act
5 (contained in subtitle A of title II of division A
6 of the CARES Act (Public Law 116–136)) is
7 amended—
8 (i) in subsection (b), by striking para-
9 graphs (2) and (3) and inserting the fol-
10 lowing:
11 ‘‘(2) LIMITATIONS ON PLANS.—A short-time
12 compensation plan approved by a State shall not
13 permit the payment of short-time compensation to
14 an individual by the State during a benefit year in
15 excess of 26 times the amount of regular compensa-
16 tion (including dependents’ allowances) under the
17 State law payable to such individual for a week of
18 total unemployment.
19 ‘‘(3) SEASONAL, TEMPORARY, OR INTERMIT-
20 TENT EMPLOYMENT.—Payments may be made to a
21 State under this section for benefits paid to an indi-
22 vidual by the State under a short-time compensation
23 plan if such individual is employed by the partici-
24 pating employer on a seasonal, temporary, or inter-
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25 mittent basis, and any reduction in such individual’s
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1 hours is due to circumstances related to the
2 coronavirus disease 2019 (COVID–19) pandemic.’’;
3 and
4 (ii) in subsection (c)(1)(A), by strik-
5 ing ‘‘one-half’’ and inserting ‘‘100 per-
6 cent’’.
7 (B) EFFECTIVE DATE.—The amendments
8 made by subparagraph (A) shall take effect as
9 if included in the enactment of such section
10 2109.
11 (3) RESTRICTION ON CHARGING OF FEDERALLY
12 REIMBURSED SHORT-TIME COMPENSATION BENE-
13 FITS.—Section 2109 of the Relief for Workers Af-
14 fected by Coronavirus Act (contained in subtitle A of
15 title II of division A of the CARES Act (Public Law
16 116–136)) is amended—
17 (A) by redesignating subsection (f) as sub-
18 section (g); and
19 (B) by inserting after subsection (e) the
20 following:
21 ‘‘(f) RESTRICTION ON CHARGING OF FEDERALLY
22 REIMBURSED SHORT-TIME COMPENSATION BENEFITS.—
23 Beginning on the date of enactment of this subsection, a
24 State receiving payments under this section may not in-
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25 crease experience rated State unemployment taxes, or re-
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1 quire reimbursement for benefit costs, due to short-time
2 compensation benefits paid on or before December 31,
3 2020.’’.
4 (c) FEDERAL WEBSITE AND COMMON APPLICATION
5 FOR SHORT-TIME COMPENSATION.—Title IX of the Social
6 Security Act (42 U.S.C. 1101 et seq.) is amended by add-
7 ing at the end the following:
8 ‘‘SEC. 912. SHORT-TIME COMPENSATION COMMON APPLICA-
9 TION AND WEBSITE.
10 ‘‘(a) FEDERAL SHORT-TIME COMPENSATION COM-
11 MON APPLICATION.—
12 ‘‘(1) IN GENERAL.—Not later than 30 days
13 after the enactment of this section, the Secretary of
14 Labor shall establish and maintain an internet-based
15 Federal short-time compensation common applica-
16 tion through which an employer may apply to the
17 short-time compensation program of any State (in-
18 cluding multiple States at the same time) that has
19 adopted such common application.
20 ‘‘(2) USE OF MODEL LANGUAGE.—The Sec-
21 retary of Labor shall establish the common applica-
22 tion under paragraph (1) based on the model lan-
23 guage developed pursuant to section 2165 of the
24 Middle Class Tax Relief and Job Creation Act of
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25 2012.
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1 ‘‘(b) FEDERAL SHORT-TIME COMPENSATION
2 WEBSITE.—Not later than 30 days after the enactment
3 of this section, the Secretary of Labor shall establish and
4 maintain a publicly available internet website—
5 ‘‘(1) through which an employer may obtain in-
6 formation about any short-time compensation pro-
7 gram available in the State in which the employer
8 operates, including a program under sections 2108
9 through 2110 of the Relief for Workers Affected by
10 Coronavirus Act (contained in subtitle A of title II
11 of division A of the CARES Act); and
12 ‘‘(2) that provides information about and access
13 to the Federal short-time compensation common ap-
14 plication, as established in subsection (a).’’.
15 SEC. 4. IMPROVEMENTS TO GRANTS FOR SHORT-TIME COM-
16 PENSATION PROGRAMS.
17 (a) EXISTING GRANTS.—Section 2110 of the Relief
18 for Workers Affected by Coronavirus Act (contained in
19 subtitle A of title II of division A of the CARES Act (Pub-
20 lic Law 116–136)) is amended—
21 (1) in subsection (a)—
22 (A) in paragraph (1), by inserting ‘‘or
23 enter into an agreement under section 2109 to
24 provide’’ after ‘‘enact’’; and
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1 (B) in paragraph (3), by striking subpara-
2 graph (B) and inserting the following:
3 ‘‘(B) CLARIFICATION.—A State admin-
4 istering a short-time compensation program
5 that does not meet the definition of a short-
6 time compensation program as defined in sub-
7 section (i)(2) shall not be eligible to receive a
8 grant under this section until such time as the
9 State provides for payments under a short-time
10 compensation program that meets such defini-
11 tion.’’;
12 (2) in subsection (b), by striking paragraph (1)
13 and inserting the following:
14 ‘‘(1) AMOUNT.—
15 ‘‘(A) IMPLEMENTATION AND IMPROVE-
16 MENT.—Subject to subparagraph (C), the max-
17 imum amount available for making grants
18 under subsections (a) (1) and (2) to a State
19 that administers a short-time compensation
20 program shall be equal to the amount obtained
21 by multiplying $150,000,000 (less the amount
22 used by the Secretary under subsection (e)) by
23 the same ratio as would apply under subsection
24 (a)(2)(B) of section 903 of the Social Security
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25 Act (42 U.S.C. 1103) for purposes of deter-
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1 mining such State’s share of any excess amount
2 (as described in subsection (a)(1) of such sec-
3 tion) that would have been subject to transfer
4 to State accounts, as of October 1, 2019, under
5 the provisions of subsection (a) of such sec-
6 tion.’’;
7 (3) in subsection (c)—
8 (A) in paragraph (3), by inserting ‘‘or
9 agreement’’ after ‘‘the State law’’; and
10 (B) in paragraph (4)(B), by inserting
11 ‘‘(other than pursuant to an agreement under
12 section 2109)’’ after ‘‘short-time compensation
13 program’’;
14 (4) in subsection (g), by striking
15 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’; and
16 (5) in subsection (i)(2), by inserting before the
17 period at the end ‘‘, except that paragraphs (2), (3),
18 and (7) of such section 3306(v) shall be applied
19 under this section in the same manner as such para-
20 graphs are applied under section 2108 pursuant to
21 clauses (i), (ii), and (iii) of paragraph (5)(A) of such
22 section’’.
23 (b) ADDITIONAL FUNDING FOR STATES WHO
24 STREAMLINE PROGRAM GUIDELINES.—Section 2110 of
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25 the Relief for Workers Affected by Coronavirus Act (con-
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1 tained in subtitle A of title II of division A of the CARES
2 Act (Public Law 116–136)) is amended—
3 (1) in subsection (a)—
4 (A) by redesignating paragraph (3) as
5 paragraph (4);
6 (B) by inserting after paragraph (2) the
7 following:
8 ‘‘(3) FOR STREAMLINING PROGRAM GUIDE-
9 LINES.—The Secretary shall award grants to States
10 that are eligible and submit plans for a grant under
11 paragraph (1) for such States that streamline the
12 short-time compensation program guidelines of the
13 State, such as—
14 ‘‘(A) allowing an employer to provide an
15 eligibility certification on behalf of the employ-
16 ees of the employer on a weekly basis;
17 ‘‘(B) allowing an employer to rehire an em-
18 ployee or bring back an employee from furlough
19 at reduced hours, pursuant to the modifications
20 described in section 2108(a)(5)(A) and section
21 2109(b)(1);
22 ‘‘(C) relaxing any State limitation on
23 short-time compensation hour reduction to
24 match the maximum percentage permitted
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25 under section 3306(v)(3) of the Internal Rev-
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1 enue Code of 1986, pursuant to the modifica-
2 tions described in section 2108(a)(5)(A) and
3 section 2109(b)(1); or
4 ‘‘(D) accepting employer applications sub-
5 mitted using the Federal short-time compensa-
6 tion common application established under this
7 Act.’’; and
8 (C) in paragraph (4)(A), as redesignated
9 by subparagraph (A), by striking ‘‘and (2)’’ and
10 inserting ‘‘, (2), and (3)’’;
11 (2) in subsection (b)—
12 (A) in paragraph (1), as amended by sub-
13 section (a)(2), by adding at the end the fol-
14 lowing:
15 ‘‘(B) STREAMLINING PROGRAM GUIDE-
16 LINES.—Subject to subparagraph (C), the max-
17 imum amount available for making grants
18 under subsection (a)(3) to a State shall be
19 equal to the amount obtained by multiplying
20 $50,000,000 (less the amount used by the Sec-
21 retary under subsection (e)) by the same ratio
22 as would apply under subsection (a)(2)(B) of
23 section 903 of the Social Security Act (42
24 U.S.C. 1103) for purposes of determining such
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25 State’s share of any excess amount (as de-
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1 scribed in subsection (a)(1) of such section)
2 that would have been subject to transfer to
3 State accounts, as of October 1, 2019, under
4 the provisions of subsection (a) of such section.
5 ‘‘(C) SPECIAL RULE FOR FEDERAL-STATE
6 AGREEMENTS.—In no case may the total of all
7 grants made under this section to a State ad-
8 ministering a short-time compensation program
9 pursuant to an agreement under section 2109
10 exceed $1,000,000.’’; and
11 (B) by striking paragraph (2) and insert-
12 ing the following:
13 ‘‘(2) AMOUNT AVAILABLE FOR DIFFERENT
14 GRANTS.—
15 ‘‘(A) GRANTS FOR IMPLEMENTATION OR
16 IMPROVED ADMINISTRATION OR FOR PRO-
17 MOTION AND ENROLLMENT.—Of the maximum
18 incentive payment determined under paragraph
19 (1)(A) with respect to a State—
20 ‘‘(i) one-third shall be available for a
21 grant under subsection (a)(1); and
22 ‘‘(ii) two-thirds shall be available for a
23 grant under subsection (a)(2).
24 ‘‘(B) GRANTS FOR STREAMLINING PRO-
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25 GRAM GUIDELINES.—Of the maximum incentive
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1 payment determined under paragraph (1)(B)
2 with respect to a State, 100 percent shall be
3 available for a grant under subsection (a)(3).’’;
4 (3) in subsection (c)—
5 (A) in paragraph (1), by striking ‘‘or (2)’’
6 and inserting ‘‘, (2), or (3)’’;
7 (B) in paragraph (2), by striking ‘‘or (2)
8 (or both)’’ and inserting ‘‘, (2), or (3) (or each
9 paragraph)’’; and
10 (C) in paragraph (4), in the matter pre-
11 ceding subparagraph (A), by striking ‘‘or (2)’’
12 and inserting ‘‘, (2), or (3)’’;
13 (4) in subsection (d), in the matter preceding
14 paragraph (1), by inserting ‘‘, the streamlining of
15 guidelines for such programs,’’ after ‘‘administration
16 of such programs’’; and
17 (5) in subsection (f), in the matter preceding
18 paragraph (1), by striking ‘‘or (2)’’ and inserting ‘‘,
19 (2), or (3)’’.
20 SEC. 5. REBUILDING MAIN STREET GRANT PROGRAM.
21 (a) IN GENERAL.—Not later than 30 days after the
22 date of enactment of this Act, the Secretary shall establish
23 a program to provide grants to any eligible employer to
24 help ensure that such employer remains in operation while
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1 its employees continue working reduced hours pursuant to
2 a short-time compensation program.
3 (b) APPLICATION.—Any eligible employer seeking to
4 receive a grant under this section shall submit an applica-
5 tion to the Secretary at such time, in such manner, and
6 containing such information as the Secretary may require.
7 (c) AMOUNT OF GRANT.—
8 (1) IN GENERAL.—For each calendar quarter
9 ending after the date on which the application has
10 been approved for an eligible employer under sub-
11 section (b) and ending before January 1, 2022, the
12 Secretary shall provide a grant to such employer in
13 an amount equal to the applicable percentage of the
14 eligible costs paid or incurred by such employer for
15 the preceding calendar quarter.
16 (2) APPLICABLE PERCENTAGE.—
17 (A) IN GENERAL.—For purposes of this
18 subsection, the applicable percentage for any
19 calendar quarter shall be the amount equal to—
20 (i) in the case of an eligible employer
21 described in subclause (I) of subsection
22 (f)(1)(A)(i), 50 percent, as reduced (but
23 not below zero) by 2 percentage points for
24 each percentage point by which the reduc-
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25 tion in gross receipts of the eligible em-
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1 ployer for such quarter is less than 50 per-
2 cent; or
3 (ii) in the case of an eligible employer
4 described in subclause (II) of such sub-
5 section, 50 percent.
6 (B) REDUCTION IN GROSS RECEIPTS.—
7 (i) IN GENERAL.—With respect to any
8 calendar quarter, the reduction in gross re-
9 ceipts for such quarter is the amount (ex-
10 pressed as a percentage) equal to the
11 quotient of—
12 (I) gross receipts of the eligible
13 employer for such quarter; and
14 (II) gross receipts of the eligible
15 employer for the same calendar quar-
16 ter during the preceding calendar
17 year.
18 (ii) NEW EMPLOYERS.—In the case of
19 an eligible employer which was not car-
20 rying on a trade or business (or, in the
21 case of an organization exempt from tax-
22 ation under section 501(a) of the Internal
23 Revenue Code of 1986, which was not car-
24 rying on activities related to the purpose or
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25 function constituting the basis of the orga-
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1 nization’s exemption under such section)
2 during the same calendar quarter in the
3 preceding calendar year, clause (i)(II) shall
4 be applied by substituting ‘‘the first cal-
5 endar quarter of 2020’’ for ‘‘the same cal-
6 endar quarter during the preceding cal-
7 endar year’’.
8 (3) EXCLUSION FOR FAILURE TO COMPLY WITH
9 PUBLIC HEALTH ORDERS.—A grant shall not be pro-
10 vided to an eligible employer for any calendar quar-
11 ter in which such employer has been determined by
12 a State or local government agency with appropriate
13 jurisdiction over such employer to have failed to
14 carry out its operations in compliance with any ap-
15 plicable State or local public health order or require-
16 ment and has provided notice to the Secretary of
17 such failure to comply with such order or require-
18 ment.
19 (4) LIMITATION.—The cumulative amount of
20 any grants which may be provided to an eligible em-
21 ployer under this section for all calendar quarters
22 shall not exceed $300,000.
23 (5) INFORMATION REGARDING ELIGIBLE
24 COSTS.—For purposes of determining the amount of
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25 the grant to be provided for each calendar quarter
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1 under this subsection, an eligible employer shall pro-
2 vide the Secretary such information as is deemed
3 necessary by the Secretary.
4 (d) NO REDUCTION IN LOAN FORGIVENESS FOR
5 PAYCHECK PROTECTION LOANS.—Section 1106(d) of the
6 CARES Act (Public Law 116–136), as amended by sec-
7 tion 3(b)(2) of the Paycheck Protection Program Flexi-
8 bility Act of 2020 (Public Law 116–142), is amended by
9 adding at the end the following new paragraph:
10 ‘‘(9) NO REDUCTION IN FORGIVENESS BASED
11 ON WORK-SHARING PLAN.—The amount of forgive-
12 ness of a covered loan made to an eligible recipient
13 under this section shall not be reduced based on a
14 reduction relating to salary and wages under para-
15 graph (3) if the eligible recipient elected to provide
16 reduced work hours to full-time equivalent employees
17 of the eligible recipient pursuant to a short term
18 compensation program, as defined in section 3306(v)
19 of the Internal Revenue Code of 1986, including any
20 short-time compensation plan approved by a State
21 pursuant to section 2109(b)(1).’’.
22 (e) NO REIMBURSEMENT.—Any expense paid by an
23 eligible employer with proceeds from a loan made under
24 section 7(a)(36) of the Small Business (15 U.S.C.
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1 636(a)(36)) shall not be eligible for reimbursement under
2 the program established under this section.
3 (f) DEFINITIONS.—For purposes of this section—
4 (1) ELIGIBLE EMPLOYER.—
5 (A) IN GENERAL.—The term ‘‘eligible em-
6 ployer’’ means any entity (including any organi-
7 zation exempt from taxation under section
8 501(a) of the Internal Revenue Code of
9 1986)—
10 (i)(I) for which the reduction in gross
11 receipts (as determined under subsection
12 (c)(2)(B)) for the most recent calendar
13 quarter ending before the date on which
14 such entity submitted an application under
15 subsection (b) is not less than 25 percent;
16 or
17 (II) which—
18 (aa) had less than 20 employees
19 during the period described in clause
20 (i) of subparagraph (B);
21 (bb) had less than $1,500,000 in
22 annual gross receipts (as determined
23 under clause (ii) of such subpara-
24 graph); and
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1 (cc) as part of their application
2 under subsection (b), has made a good
3 faith certification that the uncertainty
4 of current economic conditions makes
5 necessary the grant request to support
6 the ongoing operations of such entity;
7 (ii) which has elected to provide re-
8 duced work hours to employees pursuant
9 to a short-time compensation program; and
10 (iii) which is not—
11 (I) a hedge fund or a private eq-
12 uity fund, as defined in section 13(h)
13 of the Bank Holding Company Act of
14 1956 (12 U.S.C. 1851(h));
15 (II) a corporation the stock of
16 which is publicly traded; or
17 (III) a publicly traded partner-
18 ship (as defined in section 7704(b) of
19 the Internal Revenue Code of 1986).
20 (B) RULES FOR CERTAIN EMPLOYERS.—
21 (i) EMPLOYEES.—The period de-
22 scribed in this clause shall be, at the elec-
23 tion of the entity—
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1 (I) the period beginning on Feb-
2 ruary 15, 2019, and ending on June
3 30, 2019; or
4 (II) the period beginning on Jan-
5 uary 1, 2020, and ending on February
6 29, 2020.
7 (ii) GROSS RECEIPTS.—
8 (I) IN GENERAL.—For purposes
9 of subparagraph (A)(i)(II)(bb), annual
10 gross receipts shall be determined
11 based on information provided for the
12 most recent taxable year for which a
13 tax return has been filed by the entity
14 (including, in the case of an organiza-
15 tion exempt from taxation under sec-
16 tion 501(a) of the Internal Revenue
17 Code of 1986, a return required under
18 section 6033 of such Code).
19 (II) NEW EMPLOYERS.—With re-
20 spect to the taxable year described in
21 subclause (I), in the case of an entity
22 which was not carrying on a trade or
23 business (or, in the case of an organi-
24 zation exempt from taxation under
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1 enue Code of 1986, which was not
2 carrying on activities related to the
3 purpose or function constituting the
4 basis of the organization’s exemption
5 under such section) during the en-
6 tirety of such taxable year, annual
7 gross receipts shall be determined on
8 an annualized basis.
9 (III) ORGANIZATION EXEMPT
10 FROM FILING.—For purposes of sub-
11 clause (I), in the case of an organiza-
12 tion exempt from taxation under sec-
13 tion 501(a) of the Internal Revenue
14 Code of 1986 which is exempt from
15 filing a return pursuant to section
16 6033(a) of such Code, such organiza-
17 tion may submit to the Secretary (in
18 such form and manner as is deemed
19 appropriate by the Secretary) any in-
20 formation required to determine the
21 annual gross receipts of such organi-
22 zation for purposes of subparagraph
23 (A)(i)(II)(bb).
24 (C) AGGREGATION RULE.—All persons
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1 subsections (a) and (b) of section 52 of the In-
2 ternal Revenue Code of 1986 shall be treated as
3 a single eligible employer for purposes of this
4 section.
5 (2) ELIGIBLE COSTS.—
6 (A) IN GENERAL.—The term ‘‘eligible
7 costs’’ means the payment or accrual, in the or-
8 dinary course of the eligible employer’s trade or
9 business, of—
10 (i) any covered mortgage obligation,
11 covered rent obligation, or covered utility
12 payment; and
13 (ii) any costs and expenses necessary
14 to maintain, reopen, and reconfigure the
15 operations of the eligible employer, includ-
16 ing costs and expenses related to cleaning,
17 equipment, and other similar expenditures,
18 as defined by the Secretary through such
19 regulations or other guidance as may be
20 appropriate or necessary to carry out the
21 purposes of this section.
22 (B) EXCEPTION.—For purposes of sub-
23 paragraph (A)(i), the term ‘‘eligible costs’’ shall
24 not include the prepayment of any obligation
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25 for a period in excess of a month unless the
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1 payment for such period is customarily due in
2 advance.
3 (C) APPLICATION OF DEFINITIONS.—For
4 purposes of subparagraph (A)(i), the terms
5 ‘‘covered mortgage obligation’’, ‘‘covered rent
6 obligation’’, and ‘‘covered utility payment’’ shall
7 each have the same meaning as when used in
8 section 1106 of the CARES Act.
9 (3) SECRETARY.—The term ‘‘Secretary’’ means
10 the Secretary of the Treasury or the Secretary’s del-
11 egate.
12 (4) SHORT-TIME COMPENSATION PROGRAM.—
13 The term ‘‘short-time compensation program’’ has
14 the same meaning given such term under section
15 3306(v) of the Internal Revenue Code of 1986, in-
16 cluding any short-time compensation plan approved
17 by a State pursuant to section 2109(b)(1) of the Re-
18 lief for Workers Affected by Coronavirus Act (con-
19 tained in subtitle A of title II of division A of the
20 CARES Act (Public Law 116–136)).
21 (g) REPORTS.—Beginning 90 days after the date of
22 enactment of this Act, the Secretary shall submit a quar-
23 terly report to the Committees on Appropriations of the
24 House of Representatives and the Senate, as well as the
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25 Committee on Financial Services of the House of Rep-
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1 resentatives and the Committee on Banking, Housing, and
2 Urban Affairs of the Senate, regarding the operations of
3 the grant program established under this section, includ-
4 ing—
5 (1) information regarding the size and geo-
6 graphic location of eligible employers that have re-
7 ceived grants; and
8 (2) demographic information with respect to the
9 principal owners of such eligible employers.
10 (h) PUBLIC AWARENESS CAMPAIGN.—The Secretary,
11 in coordination with the Secretary of Labor, the Secretary
12 of Commerce, and the Administrator of the Small Busi-
13 ness Administration, shall conduct a public awareness
14 campaign, to be carried out through the Minority Business
15 Development Agency of the Department of Commerce and
16 women’s business centers (as described in section 29 of
17 the Small Business Act (15 U.S.C. 656)), to provide infor-
18 mation and outreach to help underserved businesses par-
19 ticipate in short-time compensation programs and the pro-
20 gram established under this section.
21 (i) APPROPRIATIONS.—Out of any money in the
22 Treasury not otherwise appropriated, there shall be appro-
23 priated such sums as are necessary to carry out the pur-
24 poses of this section, to remain available until expended.
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