Congressional Record, Senate, August 5, 2020, Page S4957
Summary
A page of the Congressional Record, Senate, dated August 5, 2020, at page S4957, made up of amendment text for a restaurant grant program. It requires each State to distribute 45 percent of the amount paid to it on a pass-through basis to units of local government, defines an eligible entity to include a restaurant, food truck, caterer, bar or tavern but not one that owns or operates more than 20 locations, and sets hold harmless, priority and grant amount provisions. During the initial 14-day period the Secretary would prioritize marginalized and underrepresented communities and only award grants to entities with annual revenues of less than $1,500,000, and the short title is the Real Economic Support That Acknowledges Unique Restaurant Assistance section.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, Senate, August 5, 2020, Page S4957.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4957-52f24115f4/
, SHA-256 1782d39b98ba9aa7546c33474d43543dab89efae913d84f7ff8df864f16bb541.Full text
August 5, 2020 CONGRESSIONAL RECORD — SENATE S4957
(1) in paragraph (1), by striking ‘‘Subject (3) ELIGIBLE ENTITY.—The term ‘‘eligible (C) HOLD HARMLESS.—An eligible entity ap-
to paragraph (2)’’ and inserting ‘‘Subject to entity’’— plying for a grant under this subsection shall
paragraphs (2) and (3)’’; and (A) means a restaurant, food stand, food not be ineligible for a grant if the eligible
(2) by adding at the end the following truck, food cart, caterer, saloon, inn, tavern, entity is able to document—
‘‘(3) PASS-THROUGH REQUIREMENT.—Each bar, lounge, brewpub, tasting room, taproom, (i) an inability to rehire individuals who
State shall distribute 45 percent of the licensed facility or premise of a beverage al- were employees of the eligible entity on Feb-
amount paid to the State under this section cohol producer where the public may taste, ruary 15, 2020; and
for fiscal year 2020 (after the application of sample, or purchase products, or other simi- (ii) an inability to hire similarly qualified
paragraph (2)) upon receipt on a pass- lar place of business in which the public or employees for unfilled positions on or before
through basis, and without requiring any ap- patrons assemble for the primary purpose of December 31, 2020.
plication, to each unit of local government being served food or drink; (4) PRIORITY IN AWARDING GRANTS.—During
in the State that is not a large unit of local (B) includes an entity described in subpara- the initial 14-day period in which the Sec-
government that received a direct payment graph (A) that is located in an airport ter- retary awards grants under this subsection,
under this section in accordance with para- minal; and the Secretary shall—
graph (2). The preceding distribution require- (C) does not include an entity described in (A) prioritize awarding grants to
ment shall not apply to the District of Co- subparagraph (A) that— marginalized and underrepresented commu-
lumbia.’’. (i) is part of a State or local government nities, with a focus on women, veteran, and
(b) CONFORMING AMENDMENTS.—Section 601 facility; or minority-owned and operated eligible enti-
of such Act is further amended— (ii) as of March 13, 2020, owns or operates
ties; and
(1) in subsection (b)— (together with any affiliated business) more
(A) in paragraphs (1) and (2), by inserting (B) only award grants to eligible entities
than 20 locations, regardless of whether
‘‘large’’ before ‘‘unit of local government’’ with annual revenues of less than $1,500,000.
those locations do business under the same
each place it appears; and (5) GRANT AMOUNT.—
or multiple names.
(B) in paragraph (2)— (A) AGGREGATE MAXIMUM AMOUNT.—The ag-
(4) FUND.—The term ‘‘Fund’’ means the
(i) in the paragraph heading, by inserting gregate amount of grants made to an eligible
Restaurant Revitalization Fund established
‘‘LARGE’’ before ‘‘UNITS’’; and entity and any affiliate businesses of the eli-
under subsection (c).
(ii) by adding at the end the following: (5) PAYROLL COSTS.—The term ‘‘payroll gible entity under this subsection shall not
‘‘For purposes of this section, the term ‘large costs’’ has the meaning given the term in exceed $10,000,000.
unit of local government’ means a unit of section 7(a)(36)(A) of the Small Business Act (B) DETERMINATION OF GRANT AMOUNT.—
local government, as defined in subsection (15 U.S.C. 636(a)(36)(A)). (i) IN GENERAL.—The amount of a grant
(g)(2), with a population that exceeds (6) SECRETARY.—The term ‘‘Secretary’’ made to an eligible entity under this sub-
500,000.’’; means the Secretary of the Treasury. section shall be equal to the difference be-
(2) in subsection (c)(5)— (c) RESTAURANT REVITALIZATION FUND.— tween—
(A) in the paragraph heading, by inserting (1) IN GENERAL.—There is established in the (I) the sum of the revenues or estimated
‘‘LARGE’’ before ‘‘UNIT’’; and Treasury of the United States a fund to be revenues of the eligible entity during each
(B) by inserting ‘‘large’’ before ‘‘unit of known as the Restaurant Revitalization calendar quarter in 2020; and
local government’’ each place it appears; Fund. (II) the sum of such revenues during the
(3) in subsection (e)— (2) APPROPRIATIONS.— same calendar quarter in 2019, if such sum is
(A) by inserting ‘‘direct’’ before ‘‘pay- (A) IN GENERAL.—There is appropriated to greater than zero.
ment’’; and the Fund, out of amounts in the Treasury (ii) VERIFICATION.—An eligible entity shall
(B) by inserting ‘‘large’’ before ‘‘unit of not otherwise appropriated, $120,000,000,000, submit to the Secretary such revenue
local government’’ each place it appears; and to remain available until December 31, 2020. verification documentation as the Secretary
(4) in subsection (g)(2)— (B) REMAINDER TO TREASURY.—Any may require to determine the amount of a
(A) in the paragraph heading, by striking amounts remaining in the Fund after Decem- grant under clause (i).
‘‘LOCAL’’ and inserting ‘‘UNIT OF LOCAL’’; and ber 31, 2020 shall be deposited in the general (iii) REPAYMENT.—Any amount of a grant
(B) by striking ‘‘with a population that ex- fund of the Treasury. made under this subsection to an eligible en-
ceeds 500,000.’’ (3) USE OF FUNDS.—The Secretary shall use tity based on estimated revenues in a cal-
(c) EFFECTIVE DATE.—The amendments amounts in the Fund to make grants de- endar quarter in 2020 that is above the actual
made by this section shall take effect as if scribed in subsection (d). revenues of the eligible entity during that
included in the enactment of section 601 of (d) RESTAURANT REVITALIZATION GRANTS.— calendar quarter shall be converted to a loan
the Social Security Act, as added by section (1) IN GENERAL.—The Secretary shall award that has—
5001(a) of the Coronavirus Aid, Relief, and grants to eligible entities in the order in (I) an interest rate of 1 percent; and
Economic Security Act (Public Law 116–136). which applications are received by the Sec- (II) a maturity date of 10 years beginning
retary. on January 1, 2021.
SA 2587. Mr. WICKER submitted an (2) REGISTRATION.—The Secretary shall (C) NO DUPLICATION OF BENEFITS.—An eligi-
amendment intended to be proposed to register each grant awarded under this sub- ble entity that received a loan under section
amendment SA 2499 proposed by Mr. section using the employer identification 7(a)(36) of the Small Business Act (15 U.S.C.
MCCONNELL to the bill S. 178, to con- number of the eligible entity. 636(a)(36)) may not apply for or use grant
demn gross human rights violations of (3) APPLICATION.— amounts under this subsection for the same
(A) IN GENERAL.—An eligible entity desir- expenses for which the eligible entity re-
ethnic Turkic Muslims in Xinjiang, and ing a grant under this subsection shall sub- ceived the loan.
calling for an end to arbitrary deten- mit to the Secretary an application at such (D) LIMITATION.—An eligible entity may
tion, torture, and harassment of these time, in such manner, and containing such not receive more than 1 grant under this sub-
communities inside and outside China; information as the Secretary may require. section.
which was ordered to lie on the table; (B) CERTIFICATION.—An eligible entity ap- (6) USE OF FUNDS.—
as follows: plying for a grant under this subsection shall (A) IN GENERAL.—During the covered pe-
At the appropriate place, insert the fol- make a good faith certification— riod, an eligible entity that receives a grant
lowing: (i) that the uncertainty of current eco- under this subsection may use the grant
SEC. ll. RESTAURANT REVITALIZATION FUND. nomic conditions makes necessary the grant funds for the following expenses incurred as
(a) SHORT TITLE.—This section may be request to support the ongoing operations of a direct result of the COVID–19 pandemic:
cited as the ‘‘Real Economic Support That the eligible entity; (i) Payroll costs.
Acknowledges Unique Restaurant Assistance (ii) acknowledging that funds will be used (ii) Payments of principal or interest on
Needed To Survive Act of 2020’’ or the ‘‘RES- to retain workers and maintain payroll or any mortgage obligation.
TAURANTS Act of 2020’’. for other allowable expenses described in (iii) Rent payments, including rent under a
(b) DEFINITIONS.—In this section: paragraph (5); lease agreement.
(1) AFFILIATED BUSINESS.—The term ‘‘affili- (iii) that the eligible entity does not have (iv) Utilities.
ated business’’ means a business in which an an application pending for a grant under sub- (v) Maintenance expenses, including—
eligible entity has an equity or right to prof- section (a)(36) or (b)(2) of section 7 of the (I) construction to accommodate outdoor
it distributions of not less than 50 percent, or Small Business Act (15 U.S.C. 636) for the seating; and
in which an eligible entity has the contrac- same purpose and duplicative of amounts ap- (II) walls, floors, deck surfaces, furniture,
SSpencer on DSK126QN23PROD with SENATE
tual authority to control the direction of the plied for or received under this subsection; fixtures, and equipment.
business, provided that such affiliation shall and (vi) Supplies, including protective equip-
be determined as of any arrangements or (iv) that, during the covered period, the el- ment and cleaning materials, as required by
agreements in existence as of March 13, 2020. igible entity has not received amounts under applicable public health departments.
(2) COVERED PERIOD.—The term ‘‘covered subsection (a)(36) or (b)(2) of section 7 of the (vii) Food and beverage expenses that are
period’’ means the period beginning on Feb- Small Business Act (15 U.S.C. 636) for the within the scope of the normal business prac-
ruary 15, 2020 and ending on December 31, same purpose and duplicative of amounts ap- tice of the eligible entity before the covered
2020. plied for or received under this subsection. period.
VerDate Sep 11 2014 05:28 Aug 06, 2020 Jkt 099060 PO 00000 Frm 00075 Fmt 4637 Sfmt 0634 E:\CR\FM\A05AU6.030 S05AUPT1
S4958 CONGRESSIONAL RECORD — SENATE August 5, 2020
(viii) Debt obligations to suppliers that Needed To Survive Act of 2020’’ or the ‘‘RES- (ii) acknowledging that funds will be used
were incurred before the covered period. TAURANTS Act of 2020’’. to retain workers and maintain payroll or
(ix) Operational expenses. (b) DEFINITIONS.—In this section: for other allowable expenses described in
(x) Any other expenses that the Secretary (1) AFFILIATED BUSINESS.—The term ‘‘affili- paragraph (5);
determines to be essential to maintaining ated business’’ means a business in which an (iii) that the eligible entity does not have
the eligible entity. eligible entity has an equity or right to prof- an application pending for a grant under sub-
(B) RETURNING FUNDS.—If an eligible entity it distributions of not less than 50 percent, or section (a)(36) or (b)(2) of section 7 of the
that receives a grant under this subsection in which an eligible entity has the contrac- Small Business Act (15 U.S.C. 636) for the
permanently ceases operations on or before tual authority to control the direction of the same purpose and duplicative of amounts ap-
December 31, 2020, the eligible entity shall business, provided that such affiliation shall plied for or received under this subsection;
return to the Treasury any funds that the el- be determined as of any arrangements or and
igible entity did not use for the allowable ex- agreements in existence as of March 13, 2020. (iv) that, during the covered period, the el-
penses under subparagraph (A). (2) COVERED PERIOD.—The term ‘‘covered igible entity has not received amounts under
(C) CONVERSION TO LOAN.—Any grant period’’ means the period beginning on Feb- subsection (a)(36) or (b)(2) of section 7 of the
amounts received by an eligible entity under ruary 15, 2020 and ending on December 31, Small Business Act (15 U.S.C. 636) for the
this subsection that are unused after Decem- 2020. same purpose and duplicative of amounts ap-
ber 31, 2020 shall be immediately converted (3) ELIGIBLE ENTITY.—The term ‘‘eligible plied for or received under this subsection.
to a loan with— entity’’— (C) HOLD HARMLESS.—An eligible entity ap-
(i) an interest rate of 1 percent; and (A) means a restaurant, food stand, food plying for a grant under this subsection shall
(ii) a maturity date of 10 years. truck, food cart, caterer, saloon, inn, tavern, not be ineligible for a grant if the eligible
(7) TAXABILITY.—For purposes of the Inter- bar, lounge, brewpub, tasting room, taproom, entity is able to document—
nal Revenue Code of 1986— licensed facility or premise of a beverage al- (i) an inability to rehire individuals who
(A) the amount of a grant awarded to an el- cohol producer where the public may taste, were employees of the eligible entity on Feb-
igible entity under this subsection shall be sample, or purchase products, or other simi- ruary 15, 2020; and
excluded from the gross income of the eligi- lar place of business in which the public or (ii) an inability to hire similarly qualified
ble entity; patrons assemble for the primary purpose of employees for unfilled positions on or before
(B) no deduction shall be denied or re- being served food or drink; December 31, 2020.
duced, no tax attribute shall be reduced, and (B) includes an entity described in subpara- (4) PRIORITY IN AWARDING GRANTS.—During
no basis increase shall be denied, by reason graph (A) that is located in an airport ter- the initial 14-day period in which the Sec-
of the exclusion from gross income provided minal; and retary awards grants under this subsection,
by subparagraph (A); and (C) does not include an entity described in the Secretary shall—
(C) an eligible entity that receives a grant subparagraph (A) that— (A) prioritize awarding grants to
under this subsection shall not be eligible for (i) is part of a State or local government marginalized and underrepresented commu-
the credit described in section 2301 of the facility; or nities, with a focus on women, veteran, and
CARES Act (Public Law 116–136). (ii) as of March 13, 2020, owns or operates minority-owned and operated eligible enti-
(8) REGULATIONS.—Not later than 15 days (together with any affiliated business) more ties; and
after the date of enactment of this Act, the than 20 locations, regardless of whether (B) only award grants to eligible entities
Secretary shall issue regulations to carry those locations do business under the same with annual revenues of less than $1,500,000.
out this subsection without regard to the no- or multiple names. (5) GRANT AMOUNT.—
tice and comment requirements under sec- (4) FUND.—The term ‘‘Fund’’ means the (A) AGGREGATE MAXIMUM AMOUNT.—The ag-
tion 553 of title 5, United States Code. Restaurant Revitalization Fund established gregate amount of grants made to an eligible
(9) APPROPRIATIONS FOR STAFFING AND AD- under subsection (c). entity and any affiliate businesses of the eli-
MINISTRATIVE EXPENSES.— (5) PAYROLL COSTS.—The term ‘‘payroll gible entity under this subsection shall not
(A) IN GENERAL.—There is appropriated to costs’’ has the meaning given the term in exceed $10,000,000.
the Secretary, out of amounts in the Treas- section 7(a)(36)(A) of the Small Business Act (B) DETERMINATION OF GRANT AMOUNT.—
ury not otherwise appropriated, $200,000,000, (15 U.S.C. 636(a)(36)(A)). (i) IN GENERAL.—The amount of a grant
to remain available until December 31, 2020, (6) SECRETARY.—The term ‘‘Secretary’’ made to an eligible entity under this sub-
for staffing and administrative expenses re- means the Secretary of the Treasury. section shall be equal to the difference be-
lated to administering grants awarded under (c) RESTAURANT REVITALIZATION FUND.— tween—
this subsection. (1) IN GENERAL.—There is established in the (I) the sum of the revenues or estimated
(B) SET ASIDE.—Of amounts appropriated Treasury of the United States a fund to be revenues of the eligible entity during each
under subparagraph (A), $60,000,000 shall be known as the Restaurant Revitalization calendar quarter in 2020; and
allocated for outreach to traditionally Fund. (II) the sum of such revenues during the
marginalized and underrepresented commu- (2) APPROPRIATIONS.— same calendar quarter in 2019, if such sum is
nities, with a focus on women, veteran, and (A) IN GENERAL.—There is appropriated to greater than zero.
minority-owned and operated eligible enti- the Fund, out of amounts in the Treasury (ii) VERIFICATION.—An eligible entity shall
ties, including the creation of a resource cen- not otherwise appropriated, $120,000,000,000, submit to the Secretary such revenue
ter targeted toward these communities. to remain available until December 31, 2020. verification documentation as the Secretary
(e) EMERGENCY DESIGNATION.— (B) REMAINDER TO TREASURY.—Any may require to determine the amount of a
(1) IN GENERAL.—The amounts provided by amounts remaining in the Fund after Decem- grant under clause (i).
this section are designated as an emergency ber 31, 2020 shall be deposited in the general (iii) REPAYMENT.—Any amount of a grant
requirement pursuant to section 4(g) of the fund of the Treasury. made under this subsection to an eligible en-
Statutory Pay-As-You-Go Act of 2010 (2 (3) USE OF FUNDS.—The Secretary shall use tity based on estimated revenues in a cal-
U.S.C. 933(g)). amounts in the Fund to make grants de- endar quarter in 2020 that is above the actual
(2) DESIGNATION IN SENATE.—In the Senate, scribed in subsection (d). revenues of the eligible entity during that
this section is designated as an emergency (d) RESTAURANT REVITALIZATION GRANTS.— calendar quarter shall be converted to a loan
requirement pursuant to section 4112(a) of H. (1) IN GENERAL.—The Secretary shall award that has—
Con. Res. 71 (115th Congress), the concurrent grants to eligible entities in the order in (I) an interest rate of 1 percent; and
resolution on the budget for fiscal year 2018. which applications are received by the Sec- (II) a maturity date of 10 years beginning
retary. on January 1, 2021.
SA 2588. Mr. WICKER submitted an (2) REGISTRATION.—The Secretary shall (C) NO DUPLICATION OF BENEFITS.—An eligi-
amendment intended to be proposed by register each grant awarded under this sub- ble entity that received a loan under section
him to the bill S. 178, to condemn gross section using the employer identification 7(a)(36) of the Small Business Act (15 U.S.C.
human rights violations of ethnic number of the eligible entity. 636(a)(36)) may not apply for or use grant
Turkic Muslims in Xinjiang, and call- (3) APPLICATION.— amounts under this subsection for the same
ing for an end to arbitrary detention, (A) IN GENERAL.—An eligible entity desir- expenses for which the eligible entity re-
torture, and harassment of these com- ing a grant under this subsection shall sub- ceived the loan.
mit to the Secretary an application at such (D) LIMITATION.—An eligible entity may
munities inside and outside China;
time, in such manner, and containing such not receive more than 1 grant under this sub-
SSpencer on DSK126QN23PROD with SENATE
which was ordered to lie on the table; information as the Secretary may require. section.
as follows: (B) CERTIFICATION.—An eligible entity ap- (6) USE OF FUNDS.—
At the appropriate place, insert the fol- plying for a grant under this subsection shall (A) IN GENERAL.—During the covered pe-
lowing: make a good faith certification— riod, an eligible entity that receives a grant
SEC. ll. RESTAURANT REVITALIZATION FUND. (i) that the uncertainty of current eco- under this subsection may use the grant
(a) SHORT TITLE.—This section may be nomic conditions makes necessary the grant funds for the following expenses incurred as
cited as the ‘‘Real Economic Support That request to support the ongoing operations of a direct result of the COVID–19 pandemic:
Acknowledges Unique Restaurant Assistance the eligible entity; (i) Payroll costs.
VerDate Sep 11 2014 05:28 Aug 06, 2020 Jkt 099060 PO 00000 Frm 00076 Fmt 4637 Sfmt 0634 E:\CR\FM\A05AU6.030 S05AUPT1
File and source
- File
- CREC_crec-2020-08-05_crec-2020-08-05-pt1-pgs4957.pdf
- Size
- 220,739 bytes
- SHA-256
- 1782d39b98ba9aa7546c33474d43543dab89efae913d84f7ff8df864f16bb541
- Original
- www.govinfo.gov