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S. 4282, Restaurant Relief Act

Summary

S. 4282, the Restaurant Relief Act, was introduced in the Senate in 2022 by Mr. Portman and referred to the Committee on Small Business and Entrepreneurship. Title I, Restaurant Revitalization Fund Replenishment and Improvements, amends section 5003 of the American Rescue Plan Act of 2021 by striking $28,600,000,000 and inserting $68,600,000,000, of which not more than $250,000,000 is for administrative expenses and $20,000,000 is for audits. The table of contents also lists sections on insufficient funding, data transparency and customer service, oversight and audits, and a requirement of continuing operation. Title II covers extension of the moratorium on a rule relating to the anti-kickback statute safe harbor protection for prescription drug rebates, and Title III an emergency designation.

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Document type
Bills Bills 117S4282Is Bills 117S4282Is
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Bills Bills 117S4282Is Bills 117S4282Is

Cite this document

“S. 4282, Restaurant Relief Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s4282is-bills-117s4282is/, SHA-256 7ba9e21c968193fe4178d44dcd76d9d212189ada2bad35a0e2a030ab9d4e8a30.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          2D SESSION
                                                                                                              S. 4282
                                                                                   To provide COVID relief for restaurants, and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                        MAY 19 (legislative day, MAY 17), 2022
                                                                       Mr. PORTMAN introduced the following bill; which was read twice and referred
                                                                               to the Committee on Small Business and Entrepreneurship




                                                                                                                 A BILL
                                                                             To provide COVID relief for restaurants, 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 ‘‘Restaurant Relief
                                                                         5 Act’’.
                                                                         6    SEC. 2. TABLE OF CONTENTS.

                                                                         7              The table of contents for this Act is as follows:
                                                                              Sec. 1. Short title.
                                                                              Sec. 2. Table of contents.

                                                                               TITLE I—RESTAURANT REVITALIZATION FUND REPLENISHMENT




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                                                                                                AND IMPROVEMENTS

                                                                              Sec. 101. Appropriation.
                                                                              Sec. 102. Insufficient funding.
                                                                              Sec. 103. Data transparency and customer service.


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                                                                              Sec. 104. Oversight and audits.
                                                                              Sec. 105. Requirement of continuing operation.

                                                                                      TITLE II—EXTENSION OF SUSPENSION OF REBATE RULE

                                                                              Sec. 201. Extension of moratorium on implementation of rule relating to elimi-
                                                                                              nating the anti-kickback statute safe harbor protection for pre-
                                                                                              scription drug rebates.

                                                                                                           TITLE III—BUDGETARY EFFECTS

                                                                              Sec. 301. Emergency designation.

                                                                         1 TITLE I—RESTAURANT REVITAL-
                                                                         2    IZATION FUND REPLENISH-
                                                                         3    MENT AND IMPROVEMENTS
                                                                         4    SEC. 101. APPROPRIATION.

                                                                         5              Section 5003 of the American Rescue Plan Act of
                                                                         6 2021 (15 U.S.C. 9009c) is amended—
                                                                         7                       (1) in subsection (b)(2)—
                                                                         8                                 (A) in subparagraph (A)—
                                                                         9                                        (i) by striking ‘‘$28,600,000,000’’ and
                                                                       10                                  inserting ‘‘$68,600,000,000’’; and
                                                                       11                                         (ii) by inserting ‘‘, of which not more
                                                                       12                                  than $250,000,000 shall be for administra-
                                                                       13                                  tive expenses to carry out this section and
                                                                       14                                  of which $20,000,000 shall be for the In-
                                                                       15                                  spector General of the Small Business Ad-
                                                                       16                                  ministration for audits of grants under this
                                                                       17                                  section to investigate fraud and to identify
                                                                       18                                  improper payments and ineligible recipi-




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                                                                       19                                  ents, and for other necessary expenses of



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                                                                         1                                 the Office of the Inspector General’’ before
                                                                         2                                 the period at the end; and
                                                                         3                                 (B) in subparagraph (B)(i)(II), by striking
                                                                         4                       ‘‘$23,600,000,000’’ and inserting ‘‘any remain-
                                                                         5                       ing amounts not used for a purpose authorized
                                                                         6                       under subparagraph (A) or clause (i) of this
                                                                         7                       subparagraph’’; and
                                                                         8                       (2) in subsection (c)—
                                                                         9                                 (A) in paragraph (1), by striking ‘‘and
                                                                       10                        paragraph (3)’’; and
                                                                       11                                  (B) by striking paragraph (3).
                                                                       12     SEC. 102. INSUFFICIENT FUNDING.

                                                                       13               Section 5003 of the American Rescue Plan Act of
                                                                       14 2021 (15 U.S.C. 9009c) is amended by adding at the end
                                                                       15 the following:
                                                                       16               ‘‘(d) INSUFFICIENT FUNDING.—
                                                                       17                        ‘‘(1) IN GENERAL.—If the Administrator deter-
                                                                       18               mines that the amounts made available to carry out
                                                                       19               this section are insufficient to make grants in the
                                                                       20               amount provided in subsection (c)(4) to each eligible
                                                                       21               entity that has submitted an application in accord-
                                                                       22               ance with the program guidelines in effect on the
                                                                       23               day before the date of enactment of this subsection,
                                                                       24               but has not received an award as of such date, the



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                                                                         1              Administrator shall make grants with the available
                                                                         2              amounts to each such eligible applicant—
                                                                         3                                 ‘‘(A) such that the amount of the grant
                                                                         4                       that each such eligible entity would have other-
                                                                         5                       wise received under this section is reduced by
                                                                         6                       an equal percentage;
                                                                         7                                 ‘‘(B) by establishing a maximum amount
                                                                         8                       for a grant made under this subsection to en-
                                                                         9                       sure that smaller eligible entities still receive
                                                                       10                        grants in the amounts provided under sub-
                                                                       11                        section (c)(4); or
                                                                       12                                  ‘‘(C) by providing full awards in the
                                                                       13                        amounts provided under subsection (c)(4) below
                                                                       14                        a certain threshold (as the Administrator may
                                                                       15                        establish) and reducing grants above that
                                                                       16                        threshold by an equal percentage.
                                                                       17                        ‘‘(2) RESERVING                      FUNDS.—Nothing                      in para-
                                                                       18               graph (1) shall prevent the Administrator from—
                                                                       19                                  ‘‘(A) reserving funding for applicants that
                                                                       20                        may be determined to be eligible for a grant
                                                                       21                        under this section upon reconsideration; or
                                                                       22                                  ‘‘(B) making partial awards to eligible en-
                                                                       23                        tities on a preliminary basis until the amount of
                                                                       24                        funding required to fund grants to all eligible



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                                                                         1                       applicants is established, upon the completion
                                                                         2                       of the reconsideration process.’’.
                                                                         3    SEC. 103. DATA TRANSPARENCY AND CUSTOMER SERVICE.

                                                                         4              Section 5003 of the American Rescue Plan Act of
                                                                         5 2021 (15 U.S.C. 9009c), as amended by section 102 of
                                                                         6 this Act, is amended by adding at the end the following:
                                                                         7              ‘‘(e) REPORTS.—The Administrator shall—
                                                                         8                       ‘‘(1) on a biweekly basis until the amounts
                                                                         9              made available to carry out this section are fully ex-
                                                                       10               pended, publish data that shows, for the period be-
                                                                       11               ginning on the date on which the Administrator
                                                                       12               began making grants under this section and ending
                                                                       13               on the date on which the information is published—
                                                                       14                                  ‘‘(A) with respect to applications for grants
                                                                       15                        under this section, the number of those applica-
                                                                       16                        tions—
                                                                       17                                         ‘‘(i) that the Administrator has re-
                                                                       18                                  ceived;
                                                                       19                                         ‘‘(ii) that the Administrator has re-
                                                                       20                                  viewed or is in the process of reviewing;
                                                                       21                                  and
                                                                       22                                         ‘‘(iii) with respect to which the Ad-
                                                                       23                                  ministrator has made a decision; and
                                                                       24                                  ‘‘(B) the number and dollar amount of



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                                                                       25                        grants under this section—


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                                                                         1                                        ‘‘(i) that have been awarded; and
                                                                         2                                        ‘‘(ii) that have been disbursed;
                                                                         3                       ‘‘(2) on a weekly basis until the amounts made
                                                                         4              available to carry out this section are fully expended,
                                                                         5              publish, with respect to the period beginning on the
                                                                         6              date of enactment of this subsection and ending on
                                                                         7              the date on which the information is published—
                                                                         8                                 ‘‘(A) with respect to each eligible entity to
                                                                         9                       which a grant is made under this section—
                                                                       10                                         ‘‘(i) the name of the eligible entity, in-
                                                                       11                                  cluding the name or names under which
                                                                       12                                  the eligible entity does business if that
                                                                       13                                  name is different from the name of the eli-
                                                                       14                                  gible entity; and
                                                                       15                                         ‘‘(ii) the address of—
                                                                       16                                                  ‘‘(I) the eligible entity; and
                                                                       17                                                  ‘‘(II) the physical location or lo-
                                                                       18                                         cations for the eligible entity listed on
                                                                       19                                         the application, if different from the
                                                                       20                                         address of the eligible entity;
                                                                       21                                  ‘‘(B) the amount of each grant described
                                                                       22                        in subparagraph (A); and
                                                                       23                                  ‘‘(C) the business category listed in sub-
                                                                       24                        section (a)(4)(A) to which the eligible entity be-



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                                                                       25                        longs; and


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                                                                         1                       ‘‘(3) with respect to an applicant that applies
                                                                         2              for a grant under this section and is denied by the
                                                                         3              Administrator—
                                                                         4                                 ‘‘(A) make available to the applicant a
                                                                         5                       brief explanation identifying the reason why the
                                                                         6                       Administrator denied the application of the ap-
                                                                         7                       plicant, which shall include, where applicable, a
                                                                         8                       citation to the statutory, regulatory, or guid-
                                                                         9                       ance provision with which the applicant failed
                                                                       10                        to comply and that was the basis for the denial;
                                                                       11                        and
                                                                       12                                  ‘‘(B) establish a reconsideration process
                                                                       13                        through which the applicant may—
                                                                       14                                         ‘‘(i) submit to the Administrator addi-
                                                                       15                                  tional information the applicant determines
                                                                       16                                  to be relevant to whether the applicant is
                                                                       17                                  eligible for the grant;
                                                                       18                                         ‘‘(ii) challenge the decision of the Ad-
                                                                       19                                  ministrator; and
                                                                       20                                         ‘‘(iii) receive a second review of the
                                                                       21                                  application submitted by the applicant.’’.
                                                                       22     SEC. 104. OVERSIGHT AND AUDITS.

                                                                       23               Section 5003 of the American Rescue Plan Act of
                                                                       24 2021 (15 U.S.C. 9009c), as amended by section 103 of



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                                                                       25 this Act, is amended by adding at the end the following:


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                                                                         1              ‘‘(f) OVERSIGHT AND AUDITS.—
                                                                         2                       ‘‘(1) IN GENERAL.—The Administrator shall in-
                                                                         3              stitute an oversight and audit plan with respect to
                                                                         4              eligible entities receiving grants under this section,
                                                                         5              which shall include—
                                                                         6                                 ‘‘(A) documentation requirements that are
                                                                         7                       consistent with the eligibility and other require-
                                                                         8                       ments under this section, including by requiring
                                                                         9                       an eligible entity that receives a grant under
                                                                       10                        this section to retain records that demonstrate
                                                                       11                        compliance with those requirements; and
                                                                       12                                  ‘‘(B) reviews of the use, by eligible entities,
                                                                       13                        of grants made under this section to ensure
                                                                       14                        compliance with the requirements of this sec-
                                                                       15                        tion, which shall include—
                                                                       16                                         ‘‘(i) the review and audit, by the Ad-
                                                                       17                                  ministrator, of grants made under this sec-
                                                                       18                                  tion; and
                                                                       19                                         ‘‘(ii) in the case of fraud or other ma-
                                                                       20                                  terial noncompliance with respect to a
                                                                       21                                  grant made under this section—
                                                                       22                                                  ‘‘(I) a requirement that the appli-
                                                                       23                                         cable eligible entity repay to the Ad-
                                                                       24                                         ministrator                 the       amount            of   the



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                                                                       25                                         misspent funds; or


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                                                                         1                                                 ‘‘(II) the pursuit, by the Admin-
                                                                         2                                        istrator, of legal action to collect the
                                                                         3                                        misspent funds.
                                                                         4                       ‘‘(2) SUBMISSION OF PLAN.—Not later than 30
                                                                         5              days after the date of enactment of this subsection,
                                                                         6              the Administrator shall submit to the Committee on
                                                                         7              Small Business and Entrepreneurship of the Senate
                                                                         8              and the Committee on Small Business of the House
                                                                         9              of Representatives the plan required under para-
                                                                       10               graph (1), which shall describe—
                                                                       11                                  ‘‘(A) the policies and procedures of the Ad-
                                                                       12                        ministrator for conducting oversight and audits
                                                                       13                        of grants made under this section; and
                                                                       14                                  ‘‘(B) the metrics that the Administrator
                                                                       15                        will use to determine which grants made under
                                                                       16                        this section will be audited under that plan.
                                                                       17                        ‘‘(3) REPORTS.—Not later than 60 days after
                                                                       18               the date of enactment of this subsection, and once
                                                                       19               every 30 days thereafter until the date that is 180
                                                                       20               days after the date on which all amounts made avail-
                                                                       21               able to carry out this section have been fully ex-
                                                                       22               pended, and upon request thereafter, the Adminis-
                                                                       23               trator shall submit to the Committee on Small Busi-
                                                                       24               ness and Entrepreneurship of the Senate and the



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                                                                       25               Committee on Small Business of the House of Rep-


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                                                                         1              resentatives a report on the oversight and audit ac-
                                                                         2              tivities of the Administrator under this subsection,
                                                                         3              which shall include—
                                                                         4                                 ‘‘(A) the total number of grants approved
                                                                         5                       and disbursed under this section;
                                                                         6                                 ‘‘(B) the total amount of each grant re-
                                                                         7                       ceived by each eligible entity;
                                                                         8                                 ‘‘(C) the number of active investigations
                                                                         9                       and audits of grants made under this section;
                                                                       10                                  ‘‘(D) the number of completed reviews and
                                                                       11                        audits of grants made under this section, in-
                                                                       12                        cluding a description of—
                                                                       13                                         ‘‘(i) any findings of fraud or other
                                                                       14                                  material noncompliance with the require-
                                                                       15                                  ments of this section;
                                                                       16                                         ‘‘(ii) questionable costs identified by
                                                                       17                                  the Administrator; and
                                                                       18                                         ‘‘(iii) the total amount recouped from
                                                                       19                                  ineligible recipients; and
                                                                       20                                  ‘‘(E) a description of any substantial
                                                                       21                        changes made to the plan required under para-
                                                                       22                        graph (1).
                                                                       23                        ‘‘(4) RETROACTIVE                       APPLICATION.—This                sub-
                                                                       24               section shall apply to grants and decisions made



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                                                                         1              under this section before, on, or after the date of en-
                                                                         2              actment of this subsection.’’.
                                                                         3    SEC. 105. REQUIREMENT OF CONTINUING OPERATION.

                                                                         4              For any application for a grant under section 5003
                                                                         5 of the American Rescue Plan Act of 2021 (15 U.S.C.
                                                                         6 9009c) that is pending on the date of enactment of this
                                                                         7 Act or for which the applicant has received an award no-
                                                                         8 tice but the Administrator of the Small Business Adminis-
                                                                         9 tration has not disbursed amounts under the grant, the
                                                                       10 Administrator may not disburse amounts under the grant
                                                                       11 unless the applicant submits a statement to the Adminis-
                                                                       12 trator indicating the applicant is still operating, or intends
                                                                       13 to reopen not later than 180 days after the date on which
                                                                       14 the statement is submitted, the applicable place of busi-
                                                                       15 ness.
                                                                       16            TITLE II—EXTENSION OF
                                                                       17          SUSPENSION OF REBATE RULE
                                                                       18     SEC. 201. EXTENSION OF MORATORIUM ON IMPLEMENTA-

                                                                       19                              TION OF RULE RELATING TO ELIMINATING

                                                                       20                              THE ANTI-KICKBACK STATUTE SAFE HARBOR

                                                                       21                              PROTECTION FOR PRESCRIPTION DRUG RE-

                                                                       22                              BATES.

                                                                       23               Section 90006 of division I of the Infrastructure In-
                                                                       24 vestment and Jobs Act (42 U.S.C. 1320a–7b note) is



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                                                                         1 amended by striking ‘‘January 1, 2026’’ and inserting
                                                                         2 ‘‘January 1, 2028’’.
                                                                         3     TITLE III—BUDGETARY EFFECTS
                                                                         4    SEC. 301. EMERGENCY DESIGNATION.

                                                                         5              (a) IN GENERAL.—The amounts provided under the
                                                                         6 this Act and the amendments made by this Act are des-
                                                                         7 ignated as an emergency requirement pursuant to section
                                                                         8 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
                                                                         9 U.S.C. 933(g)).
                                                                       10               (b) HOUSE AND SENATE.—This Act and the amend-
                                                                       11 ments made by this Act are designated as an emergency
                                                                       12 requirement pursuant to subsections (a) and (b) of section
                                                                       13 4001 of S. Con. Res. 14 (117th Congress), the concurrent
                                                                       14 resolution on the budget for fiscal year 2022.
                                                                                                                              Æ




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