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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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Congressional materials
Document type
Bills Bills 116S4083Is Bills 116S4083Is
Case
Bills Bills 116S4083Is Bills 116S4083Is

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/, SHA-256 ab17da04941f4d8b17caea3037b2e5441d23a3ff42d61751d10bf647731621e1.

Full text

                                                                                                                                                                           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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                                                                                                                                  2
                                                                          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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                                                                          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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                                                                          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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                                                                          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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                                                                       25                                          section 501(a) of the Internal Rev-


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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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                                                                       25                         which are treated as a single employer under


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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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