,,ii #aafth ,,congress #b;d ,session ,s4 #djhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjbj,mr4 ,van ,hollen 7for himself1 ,mr4 ,merkley1 ,mr4 ,murphy1 and ,ms4 ,baldwin7 introduced the following bill2 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 ,compensation and improve short-time compensation programs and agreements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,rebuilding ,main ,street ,act of #bjbj4 #b4 ,extension of ,federal ,pandemic ,unemployment ,compensation 7a7 ,in general ,section #bajd7;e77#b7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by striking ,july #ca1 #bjbj and inserting ,december #ca1 #bjbj4 7b7 ,application to short-,time compensation programs and agreements ,section #bajd7;i77#b7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,e7 short-time compensation under section #bajh or #baji4 4 #c4 ,improvements to financing of short-time compensation 7a7 ,states ,with programs in law ,section #bajh of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking paragraph 7#c7 and inserting paragraphs 7#c71 7#d71 and 7#e72 and 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,limitations on payments ,no payments shall be made to a ,state under this section for short-time compensation paid to an individual by the ,state during a benefit year in excess of #bf times the amount of regular compensation 7including dependents' allowances7 under the ,state law payable to such individual for a week of total unemployment4 7#d7 ,seasonal1 temporary1 or intermittent employment ,payments may be made to a ,state under this section for benefits paid to an individual by the ,state under a short-time compensation program if such individual is employed by the participating employer on a seasonal1 temporary1 or intermittent basis1 and any reduction in such individual's hours is due to circumstances related to the coronavirus disease #bjai 7,,covid-#ai7 pandemic4 7#e7 ,authority for ,states with programs in law to temporarily adjust limits on workweek reduction and permitting rehiring 7,a7 ,in general ,for purposes of making payments under this section1 in the case of a ,state whose ,state law provides for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section #ccjf7v7 of the ,internal ,revenue ,code of #aihf-- 7i7 paragraph 7#b7 of such section #ccjf7v7 shall be applied by inserting or the employer rehires employees or brings back employees from furlough at reduced hours after layoffs2 7ii7 paragraph 7#c7 of such section #ccjf7v7 shall be applied by striking #fj percent and inserting #hj percent2 and 7iii7 paragraph 7#g7 of such section #ccjf7v7 shall be applied by inserting 1 or who is rehired or brought back from furlough at reduced hours under the program1 after under the program4 7,b7 ,limitation ,the modifications to such section #ccjf7v7 under clauses 7i71 7ii71 and 7iii7 of subparagraph 7,a7 shall only apply during the period for which this section is applicable4 2 7#b7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,restriction on charging of federally reimbursed short-,time compensation benefits ,beginning on the date of enactment of this subsection1 a ,state receiving payments under this section may not increase experience rated ,state unemployment taxes1 or require reimbursement for benefit costs1 due to short-time compensation benefits paid on or before ,december #ca1 #bjbj4 4 7b7 ,federal-,state ,agreements 7#a7 ,application of section #ccjf of the ,internal ,revenue ,code of #aihf ,section #baji7;b77#a7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended by inserting before the period at the end except that paragraphs 7#b71 7#c71 and 7#g7 of such section #ccjf7v7 shall be applied under an agreement under this section in the same manner as such paragraphs are applied under section #bajh pursuant to clauses 7i71 7ii71 and 7iii7 of paragraph 7#e77;,a7 of such section4 7#b7 ,expansion of financing for short-time compensation 7,a7 ,in general ,section #baji of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7i7 in subsection 7b71 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,limitations on plans ,a short-time compensation plan approved by a ,state shall not permit the payment of short-time compensation to an individual by the ,state during a benefit year in excess of #bf times the amount of regular compensation 7including dependents' allowances7 under the ,state law payable to such individual for a week of total unemployment4 7#c7 ,seasonal1 temporary1 or intermittent employment ,payments may be made to a ,state under this section for benefits paid to an individual by the ,state under a short-time compensation plan if such individual is employed by the participating employer on a seasonal1 temporary1 or intermittent basis1 and any reduction in such individual's hours is due to circumstances related to the coronavirus disease #bjai 7,,covid-#ai7 pandemic4 2 and 7ii7 in subsection 7c77#a77;,a71 by striking one-half and inserting #ajj percent4 7,b7 ,effective date ,the amendments made by subparagraph 7,a7 shall take effect as if included in the enactment of such section #baji4 7#c7 ,restriction on charging of ,federally reimbursed short-time compensation benefits ,section #baji of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7,a7 by redesignating subsection 7f7 as subsection 7g72 and 7,b7 by inserting after subsection 7e7 the following3 7f7 ,restriction on charging of federally reimbursed short-,time compensation benefits ,beginning on the date of enactment of this subsection1 a ,state receiving payments under this section may not increase experience rated ,state unemployment taxes1 or require reimbursement for benefit costs1 due to short-time compensation benefits paid on or before ,december #ca1 #bjbj4 4 7c7 ,federal website and common application for short-,time compensation ,title ,,ix of the ,social ,security ,act 7#db ,u4,s4,c4 #aaja et seq47 is amended by adding at the end the following3 #iab4 ,short-time compensation common application and website 7a7 ,federal short-,time compensation common application 7#a7 ,in general ,not later than #cj days after the enactment of this section1 the ,secretary of ,labor shall establish and maintain an internet-based ,federal short-time compensation common application through which an employer may apply to the short-time compensation program of any ,state 7including multiple ,states at the same time7 that has adopted such common application4 7#b7 ,use of model language ,the ,secretary of ,labor shall establish the common application under paragraph 7#a7 based on the model language developed pursuant to section #bafe of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab4 7b7 ,federal short-,time compensation website ,not later than #cj days after the enactment of this section1 the ,secretary of ,labor shall establish and maintain a publicly available internet website-- 7#a7 through which an employer may obtain information about any short-time compensation program available in the ,state in which the employer operates1 including a program under sections #bajh through #baaj of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act72 and 7#b7 that provides information about and access to the ,federal short-time compensation common application1 as established in subsection 7a74 4 #d4 ,improvements to grants for short-time compensation programs 7a7 ,existing grants ,section #baaj of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting or enter into an agreement under section #baji to provide after enact2 and 7,b7 in paragraph 7#c71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,clarification ,a ,state administering a short-time compensation program that does not meet the definition of a short-time compensation program as defined in subsection 7i77#b7 shall not be eligible to receive a grant under this section until such time as the ,state provides for payments under a short-time compensation program that meets such definition4 2 7#b7 in subsection 7b71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,amount 7,a7 ,implementation and improvement ,subject to subparagraph 7,c71 the maximum amount available for making grants under subsections 7a7 7#a7 and 7#b7 to a ,state that administers a short-time compensation program shall be equal to the amount obtained by multiplying #aej1jjj1jjj 7less the amount used by the ,secretary under subsection 7e77 by the same ratio as would apply under subsection 7a77#b77;,b7 of section #ijc of the ,social ,security ,act 7#db ,u4,s4,c4 #aajc7 for purposes of determining such ,state's share of any excess amount 7as described in subsection 7a77#a7 of such section7 that would have been subject to transfer to ,state accounts1 as of ,october #a1 #bjai1 under the provisions of subsection 7a7 of such section4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by inserting or agreement after the ,state law2 and 7,b7 in paragraph 7#d77;,b71 by inserting 7other than pursuant to an agreement under section #baji7 after short-time compensation program2 7#d7 in subsection 7g71 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj2 and 7#e7 in subsection 7i77#b71 by inserting before the period at the end 1 except that paragraphs 7#b71 7#c71 and 7#g7 of such section #ccjf7v7 shall be applied under this section in the same manner as such paragraphs are applied under section #bajh pursuant to clauses 7i71 7ii71 and 7iii7 of paragraph 7#e77;,a7 of such section4 7b7 ,additional funding for ,states who streamline program guidelines ,section #baaj of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf77 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,for streamlining program guidelines ,the ,secretary shall award grants to ,states that are eligible and submit plans for a grant under paragraph 7#a7 for such ,states that streamline the short-time compensation program guidelines of the ,state1 such as-- 7,a7 allowing an employer to provide an eligibility certification on behalf of the employees of the employer on a weekly basis2 7,b7 allowing an employer to rehire an employee or bring back an employee from furlough at reduced hours1 pursuant to the modifications described in section #bajh7;a77#e77;,a7 and section #baji7;b77#a72 7,c7 relaxing any ,state limitation on short-time compensation hour reduction to match the maximum percentage permitted under section #ccjf7v77#c7 of the ,internal ,revenue ,code of #aihf1 pursuant to the modifications described in section #bajh7;a77#e77;,a7 and section #baji7;b77#a72 or 7,d7 accepting employer applications submitted using the ,federal short-time compensation common application established under this ,act4 2 and 7,c7 in paragraph 7#d77;,a71 as redesignated by subparagraph 7,a71 by striking and 7#b7 and inserting 1 7#b71 and 7#c72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 as amended by subsection 7a77#b71 by adding at the end the following3 7,b7 ,streamlining program guidelines ,subject to subparagraph 7,c71 the maximum amount available for making grants under subsection 7a77#c7 to a ,state shall be equal to the amount obtained by multiplying #ej1jjj1jjj 7less the amount used by the ,secretary under subsection 7e77 by the same ratio as would apply under subsection 7a77#b77;,b7 of section #ijc of the ,social ,security ,act 7#db ,u4,s4,c4 #aajc7 for purposes of determining such ,state's share of any excess amount 7as described in subsection 7a77#a7 of such section7 that would have been subject to transfer to ,state accounts1 as of ,october #a1 #bjai1 under the provisions of subsection 7a7 of such section4 7,c7 ,special rule for ,federal-,state agreements ,in no case may the total of all grants made under this section to a ,state administering a short-time compensation program pursuant to an agreement under section #baji exceed #a1jjj1jjj4 2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,amount available for different grants 7,a7 ,grants for implementation or improved administration or for promotion and enrollment ,of the maximum incentive payment determined under paragraph 7#a77;,a7 with respect to a ,state-- 7i7 one-third shall be available for a grant under subsection 7a77#a72 and 7ii7 two-thirds shall be available for a grant under subsection 7a77#b74 7,b7 ,grants for streamlining program guidelines ,of the maximum incentive payment determined under paragraph 7#a77;,b7 with respect to a ,state1 #ajj percent shall be available for a grant under subsection 7a77#c74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking or 7#b7 and inserting 1 7#b71 or 7#c72 7,b7 in paragraph 7#b71 by striking or 7#b7 7or both7 and inserting 1 7#b71 or 7#c7 7or each paragraph72 and 7,c7 in paragraph 7#d71 in the matter preceding subparagraph 7,a71 by striking or 7#b7 and inserting 1 7#b71 or 7#c72 7#d7 in subsection 7d71 in the matter preceding paragraph 7#a71 by inserting 1 the streamlining of guidelines for such programs1 after administration of such programs2 and 7#e7 in subsection 7f71 in the matter preceding paragraph 7#a71 by striking or 7#b7 and inserting 1 7#b71 or 7#c74 #e4 ,rebuilding main street grant program 7a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall establish a program to provide grants to any eligible employer to help ensure that such employer remains in operation while its employees continue working reduced hours pursuant to a short-time compensation program4 7b7 ,application ,any eligible employer seeking to receive a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,amount of grant 7#a7 ,in general ,for each calendar quarter ending after the date on which the application has been approved for an eligible employer under subsection 7b7 and ending before ,january #a1 #bjbb1 the ,secretary shall provide a grant to such employer in an amount equal to the applicable percentage of the eligible costs paid or incurred by such employer for the preceding calendar quarter4 7#b7 ,applicable percentage 7,a7 ,in general ,for purposes of this subsection1 the applicable percentage for any calendar quarter shall be the amount equal to-- 7i7 in the case of an eligible employer described in subclause 7,i7 of subsection 7f77#a77;,a77i71 #ej percent1 as reduced 7but not below zero7 by #b percentage points for each percentage point by which the reduction in gross receipts of the eligible employer for such quarter is less than #ej percent2 or 7ii7 in the case of an eligible employer described in subclause 7,,ii7 of such subsection1 #ej percent4 7,b7 ,reduction in gross receipts 7i7 ,in general ,with respect to any calendar quarter1 the reduction in gross receipts for such quarter is the amount 7expressed as a percentage7 equal to the quotient of-- 7,i7 gross receipts of the eligible employer for such quarter2 and 7,,ii7 gross receipts of the eligible employer for the same calendar quarter during the preceding calendar year4 7ii7 ,new employers ,in the case of an eligible employer which was not carrying on a trade or business 7or1 in the case of an organization exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf1 which was not carrying on activities related to the purpose or function constituting the basis of the organization's exemption under such section7 during the same calendar quarter in the preceding calendar year1 clause 7i77,,ii7 shall be applied by substituting the first calendar quarter of #bjbj for the same calendar quarter during the preceding calendar year4 7#c7 ,exclusion for failure to comply with public health orders ,a grant shall not be provided to an eligible employer for any calendar quarter in which such employer has been determined by a ,state or local government agency with appropriate jurisdiction over such employer to have failed to carry out its operations in compliance with any applicable ,state or local public health order or requirement and has provided notice to the ,secretary of such failure to comply with such order or requirement4 7#d7 ,limitation ,the cumulative amount of any grants which may be provided to an eligible employer under this section for all calendar quarters shall not exceed #cjj1jjj4 7#e7 ,information regarding eligible costs ,for purposes of determining the amount of the grant to be provided for each calendar quarter under this subsection1 an eligible employer shall provide the ,secretary such information as is deemed necessary by the ,secretary4 7d7 ,no reduction in loan forgiveness for paycheck protection loans ,section #aajf7;d7 of the ,,cares ,act 7,public ,law #aaf-acf71 as amended by section #c7;b77#b7 of the ,paycheck ,protection ,program ,flexibility ,act of #bjbj 7,public ,law #aaf-adb71 is amended by adding at the end the following new paragraph3 7#i7 ,no reduction in forgiveness based on work-sharing plan ,the amount of forgiveness of a covered loan made to an eligible recipient under this section shall not be reduced based on a reduction relating to salary and wages under paragraph 7#c7 if the eligible recipient elected to provide reduced work hours to full-time equivalent employees of the eligible recipient pursuant to a short term compensation program1 as defined in section #ccjf7v7 of the ,internal ,revenue ,code of #aihf1 including any short-time compensation plan approved by a ,state pursuant to section #baji7;b77#a74 4 7e7 ,no reimbursement ,any expense paid by an eligible employer with proceeds from a loan made under section #g7;a77#cf7 of the ,small ,business 7#ae ,u4,s4,c4 #fcf7;a77#cf77 shall not be eligible for reimbursement under the program established under this section4 7f7 ,definitions ,for purposes of this section-- 7#a7 ,eligible employer 7,a7 ,in general ,the term eligible employer means any entity 7including any organization exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf7-- 7i7 7,i7 for which the reduction in gross receipts 7as determined under subsection 7c77#b77;,b77 for the most recent calendar quarter ending before the date on which such entity submitted an application under subsection 7b7 is not less than #be percent2 or 7,,ii7 which-- 7aa7 had less than #bj employees during the period described in clause 7i7 of subparagraph 7,b72 7bb7 had less than #a1ejj1jjj in annual gross receipts 7as determined under clause 7ii7 of such subparagraph72 and 7cc7 as part of their application under subsection 7b71 has made a good faith certification that the uncertainty of current economic conditions makes necessary the grant request to support the ongoing operations of such entity2 7ii7 which has elected to provide reduced work hours to employees pursuant to a short-time compensation program2 and 7iii7 which is not-- 7,i7 a hedge fund or a private equity fund1 as defined in section #ac7;h7 of the ,bank ,holding ,company ,act of #aief 7#ab ,u4,s4,c4 #ahea7;h772 7,,ii7 a corporation the stock of which is publicly traded2 or 7,,iii7 a publicly traded partnership 7as defined in section #ggjd7;b7 of the ,internal ,revenue ,code of #aihf74 7,b7 ,rules for certain employers 7i7 ,employees ,the period described in this clause shall be1 at the election of the entity-- 7,i7 the period beginning on ,february #ae1 #bjai1 and ending on ,june #cj1 #bjai2 or 7,,ii7 the period beginning on ,january #a1 #bjbj1 and ending on ,february #bi1 #bjbj4 7ii7 ,gross receipts 7,i7 ,in general ,for purposes of subparagraph 7,a77i77,,ii77bb71 annual gross receipts shall be determined based on information provided for the most recent taxable year for which a tax return has been filed by the entity 7including1 in the case of an organization exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf1 a return required under section #fjcc of such ,code74 7,,ii7 ,new employers ,with respect to the taxable year described in subclause 7,i71 in the case of an entity which was not carrying on a trade or business 7or1 in the case of an organization exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf1 which was not carrying on activities related to the purpose or function constituting the basis of the organization's exemption under such section7 during the entirety of such taxable year1 annual gross receipts shall be determined on an annualized basis4 7,,iii7 ,organization exempt from filing ,for purposes of subclause 7,i71 in the case of an organization exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf which is exempt from filing a return pursuant to section #fjcc7;a7 of such ,code1 such organization may submit to the ,secretary 7in such form and manner as is deemed appropriate by the ,secretary7 any information required to determine the annual gross receipts of such organization for purposes of subparagraph 7,a77i77,,ii77bb74 7,c7 ,aggregation rule ,all persons which are treated as a single employer under subsections 7a7 and 7b7 of section #eb of the ,internal ,revenue ,code of #aihf shall be treated as a single eligible employer for purposes of this section4 7#b7 ,eligible costs 7,a7 ,in general ,the term eligible costs means the payment or accrual1 in the ordinary course of the eligible employer's trade or business1 of-- 7i7 any covered mortgage obligation1 covered rent obligation1 or covered utility payment2 and 7ii7 any costs and expenses necessary to maintain1 reopen1 and reconfigure the operations of the eligible employer1 including costs and expenses related to cleaning1 equipment1 and other similar expenditures1 as defined by the ,secretary through such regulations or other guidance as may be appropriate or necessary to carry out the purposes of this section4 7,b7 ,exception ,for purposes of subparagraph 7,a77i71 the term eligible costs shall not include the prepayment of any obligation for a period in excess of a month unless the payment for such period is customarily due in advance4 7,c7 ,application of definitions ,for purposes of subparagraph 7,a77i71 the terms covered mortgage obligation1 covered rent obligation1 and covered utility payment shall each have the same meaning as when used in section #aajf of the ,,cares ,act4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury or the ,secretary's delegate4 7#d7 ,short-time compensation program ,the term short-time compensation program has the same meaning given such term under section #ccjf7v7 of the ,internal ,revenue ,code of #aihf1 including any short-time compensation plan approved by a ,state pursuant to section #baji7;b77#a7 of the ,relief for ,workers ,affected by ,coronavirus ,act 7contained in subtitle ,a of title ,,ii of division ,a of the ,,cares ,act 7,public ,law #aaf-acf774 7g7 ,reports ,beginning #ij days after the date of enactment of this ,act1 the ,secretary shall submit a quarterly report to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 as well as the ,committee on ,financial ,services of the ,house of ,representatives and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate1 regarding the operations of the grant program established under this section1 including-- 7#a7 information regarding the size and geographic location of eligible employers that have received grants2 and 7#b7 demographic information with respect to the principal owners of such eligible employers4 7h7 ,public awareness campaign ,the ,secretary1 in coordination with the ,secretary of ,labor1 the ,secretary of ,commerce1 and the ,administrator of the ,small ,business ,administration1 shall conduct a public awareness campaign1 to be carried out through the ,minority ,business ,development ,agency of the ,department of ,commerce and women's business centers 7as described in section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef771 to provide information and outreach to help underserved businesses participate in short-time compensation programs and the program established under this section4 7i7 ,appropriations ,out of any money in the ,treasury not otherwise appropriated1 there shall be appropriated such sums as are necessary to carry out the purposes of this section1 to remain available until expended4