,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fijg ,,in ,,the ,,house ,,of ,,representatives ,may #ae1 #bjbj,mr4 ,kildee 7for himself1 ,mr4 ,fitzpatrick1 ,mr4 ,evans1 and ,mr4 ,upton7 introduced the following bill2 which was referred to the ,committee on ,small ,business ,a ,,bill ,to establish a program in the ,department of the ,treasury to allocate funds to ,states1 units of general local government1 and ,indian ,tribes to provide assistance to certain small businesses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recharge and ,empower ,local ,innovation and ,entrepreneurs ,fund for ,main ,street ,act or the ,,relief for ,main ,street ,act4 #b4 ,small business local relief program 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,eligible entity ,the term eligible entity-- 7,a7 means a privately held business entity or nonprofit organization that-- 7i7 employs-- 7,i7 not more than #bj full-time equivalent employees2 or 7,,ii7 if the entity or organization is located in a low-income community1 not more than #ej full-time equivalent employees2 7ii7 has experienced a loss of revenue as a result of the ,,covid-#ai pandemic1 according to criteria established by the ,secretary2 and 7iii7 with respect to such an entity or organization that receives assistance from a small business emergency fund1 satisfies additional requirements1 as determined by the ,state1 unit of general local government1 ,indian ,tribe1 or other entity that has established the small business emergency fund2 and 7,b7 includes an individual who operates under a sole proprietorship1 an individual who operates as an independent contractor1 and an eligible self-employed individual if such an individual has experienced a loss of revenue as a result of the ,,covid-#ai pandemic1 according to criteria established by the ,secretary4 7#c7 ,eligible self-employed individual ,the term eligible self-employed individual has the meaning given the term in section #g7;a77#cf77;,a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf77;,a774 7#d7 ,entitlement community ,the term entitlement community means a metropolitan city or urban county1 as those terms are defined in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#e7 ,full-time equivalent employees 7,a7 ,in general ,the term full-time equivalent employees means a number of employees equal to the number determined by dividing-- 7i7 the total number of hours of service for which wages were paid by the employer to employees during the taxable year2 by 7ii7 #b1jhj4 7,b7 ,rounding ,the number determined under subparagraph 7,a7 shall be rounded to the next lowest whole number if not otherwise a whole number4 7,c7 ,excess hours not counted ,if an employee works in excess of #b1jhj hours of service during any taxable year1 such excess shall not be taken into account under subparagraph 7,a74 7,d7 ,hours of service ,the ,secretary1 in consultation with the ,secretary of ,labor1 shall prescribe such regulations1 rules1 and guidance as may be necessary to determine the hours of service of an employee1 including rules for the application of this paragraph to employees who are not compensated on an hourly basis4 7#f7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7#g7 ,low-income community ,the term low-income community has the meaning given the term in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf4 7#h7 ,minority ,the term minority has the meaning given the term in section #abjd7;c77#c7 of the ,financial ,institutions ,reform1 ,recovery1 and ,enforcement ,act of #aihi 7#ab ,u4,s4,c4 #ahaa note74 7#i7 ,minority-owned entity ,the term minority-owned entity means an entity-- 7,a7 more than #ej percent of the ownership or control of which is held by not less than #a minority2 and 7,b7 more than #ej percent of the net profit or loss of which accrues to not less than #a minority4 7#aj7 ,nonentitlement area2 ,state2 unit of general local government 7,a7 ,in general ,except as provided in subparagraph 7,b71 the terms nonentitlement area1 ,state1 and unit of general local government have the meanings given those terms in section #ajb of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjb74 7,b7 ,state ,for purposes of subparagraphs 7,a77ii7 and 7,b77ii7 of subsection 7c77#a71 the term ,state means any ,state of the ,united ,states4 7#aa7 ,program ,the term ,program means the ,small ,business ,local ,relief ,program established under this section4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#ac7 ,small business emergency fund ,the term small business emergency fund means a fund or program-- 7,a7 established by a ,state1 a unit of general local government1 an ,indian ,tribe1 or an entity designated by a ,state1 unit of general local government1 or ,indian ,tribe2 and 7,b7 that provides or administers financing to eligible entities in the form of grants1 loans1 or other means in accordance with the needs of eligible entities and the capacity of the fund or program4 7#ad7 ,women-owned entity ,the term women-owned entity means an entity-- 7,a7 more than #ej percent of the ownership or control of which is held by not less than #a woman2 and 7,b7 more than #ej percent of the net profit or loss of which accrues to not less than #a woman4 7b7 ,establishment ,there is established in the ,department of the ,treasury the ,small ,business ,local ,relief ,program1 the purpose of which is to allocate resources to ,states1 units of general local government1 and ,indian ,tribes to provide assistance to eligible entities and organizations that assist eligible entities4 7c7 ,funding 7#a7 ,funding to ,states1 localities1 and ,indian ,tribes 7,a7 ,in general ,of the amounts made available to carry out the ,program under subsection 7h71 the ,secretary shall allocate-- 7i7 #ce1jjj1jjj1jjj to ,states and units of general local government in accordance with subparagraph 7,b77i72 7ii7 #ae1jjj1jjj1jjj to ,states in accordance with subparagraph 7,b77ii72 and 7iii7 #ejj1jjj1jjj to the ,secretary of ,housing and ,urban ,development for allocations to ,indian ,tribes in accordance with subparagraph 7,b77iii74 7,b7 ,allocations 7i7 ,formula for ,states and units of general local government ,of the amount allocated under subparagraph 7,a77i7-- 7,i7 #gj percent shall be allocated to entitlement communities in accordance with the formula under section #ajf7;b7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;b772 and 7,,ii7 #cj percent shall be allocated to ,states1 for use in nonentitlement areas1 in accordance with the formula under section #ajf7;d77#a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;d77#a774 7ii7 ,rural bonus formula for ,states ,the ,secretary shall allocate the amount allocated under subparagraph 7,a77ii7 to ,states1 for use in nonentitlement areas1 in accordance with the formula under section #ajf7;d77#a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;d77#a774 7iii7 ,competitive awards to ,indian ,tribes 7,i7 ,in general ,the ,secretary of ,housing and ,urban ,development shall allocate to ,indian ,tribes on a competitive basis the amount allocated under subparagraph 7,a77iii74 7,,ii7 ,requirements ,in making allocations under subclause 7,i71 the ,secretary of ,housing and ,urban ,development shall1 to the greatest extent practicable1 ensure that each ,indian ,tribe that satisfies requirements established by the ,secretary of ,housing and ,urban ,development receives such an allocation4 7,c7 ,state allocations for nonentitlement areas 7i7 ,equitable allocation ,to the greatest extent practicable1 a ,state shall allocate amounts for nonentitlement areas under clauses 7i77,,ii7 and 7ii7 of subparagraph 7,b7 on an equitable basis4 7ii7 ,distribution of amounts 7,i7 ,discretion ,not later than #ad days after the date on which a ,state receives amounts for use in a nonentitlement area under clause 7i77,,ii7 or 7ii7 of subparagraph 7,b71 the ,state shall-- 7aa7 distribute the amounts1 or a portion thereof1 to a unit of general local government located in the nonentitlement area or an entity designated thereby1 that has established or will establish a small business emergency fund1 for use under paragraph 7#b72 or 7bb7 elect to reserve the amounts1 or a portion thereof1 for use by the ,state under paragraph 7#b7 for the benefit of eligible entities located in the nonentitlement area4 7,,ii7 ,sense of ,congress ,it is the sense of ,congress that1 in distributing amounts under subclause 7,i71 in the case of amounts allocated for a nonentitlement area in which a unit of general local government or an entity designated thereby has established a small business emergency fund1 a ,state should1 as quickly as is practicable1 distribute amounts to that unit of general local government or entity1 respectively1 as described in item 7aa7 of that subclause4 7iii7 ,treatment of ,states not acting as pass-through agents under ,,cdbg ,the ,secretary shall allocate amounts to a ,state under this paragraph without regard to whether the ,state has elected to distribute amounts allocated under section #ajf7;d77#a7 of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjf7;d77#a774 7#b7 ,use of funds 7,a7 ,in general ,a ,state1 unit of general local government1 entity designated by a unit of general local government1 or ,indian ,tribe that receives an allocation under paragraph 7#a71 whether directly or indirectly1 may use that allocation-- 7i7 to provide funding to a small business emergency fund established by that ,state 7or entity designated thereby71 that unit of general local government 7or entity designated thereby71 that entity designated by a unit of general local government1 or that ,indian ,tribe 7or entity designated thereby71 respectively2 7ii7 to provide funding to support organizations that provide technical assistance to eligible entities2 or 7iii7 subject to subparagraph 7,b71 to pay for administrative costs incurred by that ,state 7or entity designated thereby71 that unit of general local government 7or entity designated thereby71 that entity designated by a unit of general local government1 or that ,indian ,tribe 7or entity designated thereby71 respectively1 in establishing and administering a small business emergency fund4 7,b7 ,limitation ,a ,state1 unit of general local government1 entity designated by a unit of general local government1 or ,indian ,tribe may not use more than #c percent of an allocation received under paragraph 7#a7 for a purpose described in subparagraph 7,a77iii7 of this paragraph4 7,c7 ,obligation deadlines 7i7 ,states ,of the amounts that a ,state elects under paragraph 7#a77;,c77ii77,i77bb7 to reserve for use by the ,state under this paragraph-- 7,i7 any amounts that the ,state provides to a small business emergency fund under subparagraph 7,a77i7 of this paragraph shall be obligated by the small business emergency fund for expenditure not later than #gd days after the date on which the ,state received the amounts from the ,secretary under clause 7i7 or 7ii7 of paragraph 7#a77;,a72 and 7,,ii7 any amounts that the ,state chooses to provide to an organization under subparagraph 7,a77ii7 of this paragraph1 or to use to pay for administrative costs under subparagraph 7,a77iii7 of this paragraph1 shall be obligated by the ,state for expenditure not later than #gd days after the date on which the ,state received the amounts from the ,secretary under clause 7i7 or 7ii7 of paragraph 7#a77;,a74 7ii7 ,entitlement communities ,of the amounts that an entitlement community receives from the ,secretary under paragraph 7#a77;,b77i77,i7-- 7,i7 any amounts that the entitlement community provides to a small business emergency fund under subparagraph 7,a77i7 of this paragraph shall be obligated by the small business emergency fund for expenditure not later than #gd days after the date on which the entitlement community received the amounts2 and 7,,ii7 any amounts that the entitlement community chooses to provide to an organization under subparagraph 7,a77ii7 of this paragraph1 or to use to pay for administrative costs under subparagraph 7,a77iii7 of this paragraph1 shall be obligated by the entitlement community for expenditure not later than #gd days after the date on which the entitlement community received the amounts4 7iii7 ,nonentitlement communities ,of the amounts that a unit of general local government1 or an entity designated thereby1 located in a nonentitlement area receives from a ,state under paragraph 7#a77;,c77ii77,i77aa7-- 7,i7 any amounts that the unit of general local government or entity provides to a small business emergency fund under subparagraph 7,a77i7 of this paragraph shall be obligated by the small business emergency fund for expenditure not later than #fj days after the date on which the unit of general local government or entity received the amounts2 and 7,,ii7 any amounts that the unit of general local government or entity chooses to provide to a support organization under subparagraph 7,a77ii7 of this paragraph or to use to pay for administrative costs under subparagraph 7,a77iii7 of this paragraph shall be obligated by the unit of general local government or entity for expenditure not later than #fj days after the date on which the unit of general local government or entity received the amounts4 7,d7 ,recovery of unobligated funds ,if a ,state1 entitlement community1 other unit of general local government1 entity designated by a unit of general local government1 or small business emergency fund fails to obligate amounts by the applicable deadline under subparagraph 7,c71 the ,secretary shall recover the amount of those amounts that remain unobligated1 as of that deadline4 7,e7 ,collaboration ,it is the sense of ,congress that-- 7i7 an entitlement community that receives amounts allocated under paragraph 7#a77;,b77i77,i7 should collaborate with the applicable local entity responsible for economic development and small business development in establishing and administering a small business emergency fund2 and 7ii7 ,states1 units of general local government 7including units of general local government located inside and outside nonentitlement areas71 and ,indian ,tribes that receive amounts under paragraph 7#a7 and are located in the same region should collaborate in establishing and administering small business emergency funds4 7d7 ,small business emergency funds ,with respect to a small business emergency fund that receives funds from an allocation made under subsection 7c7-- 7#a7 if the small business emergency fund makes a loan to an eligible entity with those funds1 the small business emergency fund may use amounts returned to the small business emergency fund from the repayment of the loan to provide further assistance to eligible entities without regard to the termination date described in subsection 7i72 and 7#b7 the small business emergency fund shall conduct outreach to eligible entities that are less likely to participate in programs established under the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha7 and the amendments made by that ,act1 including minority-owned entities1 businesses in low-income communities1 businesses in rural and ,tribal areas1 and other businesses that are underserved by the traditional banking system4 7e7 ,information gathering 7#a7 ,in general ,when providing assistance to an eligible entity with funds received from an allocation made under subsection 7c71 the entity providing assistance shall-- 7,a7 inquire whether the eligible entity is-- 7i7 in the case of an eligible entity that is a business entity or a nonprofit organization1 a women-owned entity or a minority-owned entity2 and 7ii7 in the case of an eligible entity who is an individual1 a woman or a minority2 and 7,b7 maintain a record of the responses to each inquiry conducted under subparagraph 7,a71 which the entity shall promptly submit to the applicable ,state1 unit of general local government1 or ,indian ,tribe4 7#b7 ,right to refuse ,an eligible entity may refuse to provide any information requested under paragraph 7#a77;,a74 7f7 ,reporting 7#a7 ,in general ,not later than #cj days after the date on which a ,state1 unit of general local government1 or ,indian ,tribe initially receives an allocation made under subsection 7c71 and not later than #ad days after the date on which that ,state1 unit of local government1 or ,indian ,tribe completes the full expenditure of that allocation1 that ,state1 unit of general local government1 or ,indian ,tribe shall submit to the ,secretary a report that includes-- 7,a7 the number of recipients of assistance made available from the allocation2 7,b7 the total amount1 and type1 of assistance made available from the allocation2 7,c7 to the extent applicable1 with respect to each recipient described in subparagraph 7,a71 information regarding the industry of the recipient1 the amount of assistance received by the recipient1 the annual sales of the recipient1 and the number of employees of the recipient2 7,d7 to the extent available from information collected under subsection 7e71 information regarding the number of recipients described in subparagraph 7,a7 that are minority-owned entities1 minorities1 women1 and women-owned entities2 7,e7 the zip code of each recipient described in subparagraph 7,a72 and 7,f7 any other information that the ,secretary1 in the sole discretion of the ,secretary1 determines to be necessary to carry out the ,program4 7#b7 ,public availability ,as soon as is practicable after receiving each report submitted under paragraph 7#a71 the ,secretary shall make the information contained in the report1 including all of the information described in subparagraphs 7,a7 through 7,f7 of that paragraph1 publicly available4 7g7 ,rules and guidance ,the ,secretary1 in consultation with the ,administrator1 shall issue any rules and guidance that are necessary to carry out the ,program1 including by establishing appropriate compliance and reporting requirements1 in addition to the reporting requirements under subsection 7f74 7h7 ,appropriation ,there are appropriated to the ,secretary for fiscal year #bjbj1 out of amounts in the ,treasury not otherwise appropriated1 #ej1ejj1jjj1jjj to carry out the ,program1 which shall remain available until the termination date described in subsection 7i74 7i7 ,termination ,the ,program1 and any rules and guidance issued under subsection 7g7 with respect to the ,program1 shall terminate on the date that is #a year after the date of enactment of this ,act4