,,ii ,calendar ,no4 #cdd #aagth ,,congress #b;d ,session ,s4 #djjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #e1 #bjbb,mr4 ,cardin 7for himself and ,mr4 ,wicker7 introduced the following bill2 which was read the first time ,april #f1 #bjbb,read the second time and placed on the calendar ,a ,,bill ,to provide ,,covid relief for restaurants1 gyms1 minor league sports teams1 border businesses1 live venue service providers1 exclave businesses1 and providers of transportation services4 #a4 ,short title ,this ,act may be cited as the ,small ,business ,,covid ,relief ,act of #bjbb4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,definitions4,,title ,i--,restaurant ,revitalization ,fund replenishment and improvements,sec4 #aja4 ,appropriation4,sec4 #ajb4 ,insufficient funding4,sec4 #ajc4 ,data transparency and customer service4,sec4 #ajd4 ,oversight and audits4,sec4 #aje4 ,requirement of continuing operation4,,title ,,ii--,support for additional businesses suffering pandemic-related revenue loss,subtitle ,a--,support for gyms and fitness facilities,sec4 #baa4 ,definitions4,sec4 #bab4 ,support for gyms and fitness centers4,sec4 #bac4 ,grants from ,fund4,subtitle ,b--,support for minor league sports,sec4 #bba4 ,definitions4,sec4 #bbb4 ,save ,minor ,league ,sports ,fund4,sec4 #bbc4 ,save minor league sports grants4,subtitle ,c--,support for border businesses affected by border closures,sec4 #bca4 ,definitions4,sec4 #bcb4 ,border closure recovery grant program4,sec4 #bcc4 ,grants from ,fund4,sec4 #bcd4 ,outreach4,subtitle ,d--,support for live venue service and support companies,sec4 #bda4 ,definitions4,sec4 #bdb4 ,live ,venue ,service and ,support ,business ,relief ,fund4,sec4 #bdc4 ,grants from ,fund4,subtitle ,e--,support for exclave community small businesses,sec4 #bea4 ,definitions4,sec4 #beb4 ,exclave ,community ,small ,business ,relief ,fund4,sec4 #bec4 ,grants from ,fund4,subtitle ,f--,administration and implementation of support programs,sec4 #bfa ,definition4,sec4 #bfb4 ,data transparency and customer service4,sec4 #bfc4 ,business identifiers4,sec4 #bfd4 ,applications4,sec4 #bfe4 ,prohibition on participation in multiple programs4,sec4 #bff4 ,transfer of funds4,sec4 #bfg4 ,oversight and audits4,sec4 #bfh4 ,administrative funding4,sec4 #bfi4 ,gross receipts4,sec4 #bgj4 ,rules4,,title ,,iii--,other ,,sba program improvements,sec4 #cja4 ,shuttered venue operators4,sec4 #cjb4 ,treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost reimbursement contracts4,,title ,,iv--,transportation services,sec4 #dja4 ,additional assistance for eligible providers of transportation services affected by ,,covid-#ai4,,title ,v--,offsets,sec4 #eja4 ,offsetting rescissions4,,title ,,vi--,budgetary effects,sec4 #fja4 ,emergency designation4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,small ,business ,administration4 7#b7 ,covered mortgage obligation2 covered rent obligation2 covered supplier cost2 covered utility payment2 covered worker protection expenditure ,the terms covered mortgage obligation1 covered rent obligation1 covered supplier cost1 covered utility payment1 and covered worker protection expenditure have the meanings given the terms in section #g;,a7a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcfm7a774 7#c7 ,exchange2 issuer2 security ,the terms exchange1 issuer1 and security have the meanings given those terms in section #c7;a7 of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7#d7 ,national securities exchange ,the term national securities exchange means an exchange that is registered in accordance with section #f of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;f74 7#e7 ,payroll costs ,the term payroll costs 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;,a771 except that such term shall not include-- 7,a7 qualified wages 7as defined in subsection 7c77#c7 of section #bcja of the ,,cares ,act 7#bf ,u4,s4,c4 #caaa note77 taken into account in determining the credit allowed under such section #bcja2 or 7,b7 premiums taken into account in determining the credit allowed under section #fdcb of the ,internal ,revenue ,code of #aihf4 7#f7 ,private equity fund ,the term private equity fund has the meaning given the term in section #bbe4agc7;a7 of title #ab1 ,code of ,federal ,regulations1 or any successor regulation4 7#g7 ,publicly-traded company ,the term publicly-traded company means an entity that is majority owned or controlled by an entity that is an issuer1 the securities of which are listed on a national securities exchange4 7#h7 ,tribally-owned concern ,the term ,tribally-owned concern has the meaning given the term in section #abd4c of title #ac1 ,code of ,federal ,regulations1 or any successor regulation4 ,i ,restaurant ,revitalization ,fund replenishment and improvements #aja4 ,appropriation ,section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #bh1fjj1jjj1jjj and inserting #fh1fjj1jjj1jjj2 and 7ii7 by inserting 1 of which not more than #bej1jjj1jjj shall be for administrative expenses to carry out this section and of which #bj1jjj1jjj shall be for the ,inspector ,general of the ,small ,business ,administration for audits of grants under this section to investigate fraud and to identify improper payments and ineligible recipients1 and for other necessary expenses of the ,office of the ,inspector ,general before the period at the end2 and 7,b7 in subparagraph 7,b77i77,,ii71 by striking #bc1fjj1jjj1jjj and inserting any remaining amounts not used for a purpose authorized under subparagraph 7,a7 or clause 7i7 of this subparagraph2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking and paragraph 7#c72 and 7,b7 by striking paragraph 7#c74 #ajb4 ,insufficient funding ,section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 is amended by adding at the end the following3 7d7 ,insufficient funding 7#a7 ,in general ,if the ,administrator determines that the amounts made available to carry out this section are insufficient to make grants in the amount provided in subsection 7c77#d7 to each eligible entity that has submitted an application in accordance with the program guidelines in effect on the day before the date of enactment of this subsection1 but has not received an award as of such date1 the ,administrator shall make grants with the available amounts to each such eligible applicant-- 7,a7 such that the amount of the grant that each such eligible entity would have otherwise received under this section is reduced by an equal percentage2 7,b7 by establishing a maximum amount for a grant made under this subsection to ensure that smaller eligible entities still receive grants in the amounts provided under subsection 7c77#d72 or 7,c7 by providing full awards in the amounts provided under subsection 7c77#d7 below a certain threshold 7as the ,administrator may establish7 and reducing grants above that threshold by an equal percentage4 7#b7 ,reserving funds ,nothing in paragraph 7#a7 shall prevent the ,administrator from-- 7,a7 reserving funding for applicants that may be determined to be eligible for a grant under this section upon reconsideration2 or 7,b7 making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund grants to all eligible applicants is established1 upon the completion of the reconsideration process4 4 #ajc4 ,data transparency and customer service ,section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c71 as amended by section #ajb of this ,act1 is amended by adding at the end the following3 7e7 ,reports ,the ,administrator shall-- 7#a7 on a biweekly basis until the amounts made available to carry out this section are fully expended1 publish data that shows1 for the period beginning on the date on which the ,administrator began making grants under this section and ending on the date on which the information is published-- 7,a7 with respect to applications for grants under this section1 the number of those applications-- 7i7 that the ,administrator has received2 7ii7 that the ,administrator has reviewed or is in the process of reviewing2 and 7iii7 with respect to which the ,administrator has made a decision2 and 7,b7 the number and dollar amount of grants under this section-- 7i7 that have been awarded2 and 7ii7 that have been disbursed2 7#b7 on a weekly basis until the amounts made available to carry out this section are fully expended1 publish1 with respect to the period beginning on the date of enactment of this subsection and ending on the date on which the information is published-- 7,a7 with respect to each eligible entity to which a grant is made under this section-- 7i7 the name of the eligible entity1 including the name or names under which the eligible entity does business if that name is different from the name of the eligible entity2 and 7ii7 the address of-- 7,i7 the eligible entity2 and 7,,ii7 the physical location or locations for the eligible entity listed on the application1 if different from the address of the eligible entity2 7,b7 the amount of each grant described in subparagraph 7,a72 and 7,c7 the business category listed in subsection 7a77#d77;,a7 to which the eligible entity belongs2 and 7#c7 with respect to an applicant that applies for a grant under this section and is denied by the ,administrator-- 7,a7 make available to the applicant a brief explanation identifying the reason why the ,administrator denied the application of the applicant1 which shall include1 where applicable1 a citation to the statutory1 regulatory1 or guidance provision with which the applicant failed to comply and that was the basis for the denial2 and 7,b7 establish a reconsideration process through which the applicant may-- 7i7 submit to the ,administrator additional information the applicant determines to be relevant to whether the applicant is eligible for the grant2 7ii7 challenge the decision of the ,administrator2 and 7iii7 receive a second review of the application submitted by the applicant4 4 #ajd4 ,oversight and audits ,section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c71 as amended by section #ajc of this ,act1 is amended by adding at the end the following3 7f7 ,oversight and audits 7#a7 ,in general ,the ,administrator shall institute an oversight and audit plan with respect to eligible entities receiving grants under this section1 which shall include-- 7,a7 documentation requirements that are consistent with the eligibility and other requirements under this section1 including by requiring an eligible entity that receives a grant under this section to retain records that demonstrate compliance with those requirements2 and 7,b7 reviews of the use1 by eligible entities1 of grants made under this section to ensure compliance with the requirements of this section1 which shall include-- 7i7 the review and audit1 by the ,administrator1 of grants made under this section2 and 7ii7 in the case of fraud or other material noncompliance with respect to a grant made under this section-- 7,i7 a requirement that the applicable eligible entity repay to the ,administrator the amount of the misspent funds2 or 7,,ii7 the pursuit1 by the ,administrator1 of legal action to collect the misspent funds4 7#b7 ,submission of plan ,not later than #cj days after the date of enactment of this subsection1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives the plan required under paragraph 7#a71 which shall describe-- 7,a7 the policies and procedures of the ,administrator for conducting oversight and audits of grants made under this section2 and 7,b7 the metrics that the ,administrator will use to determine which grants made under this section will be audited under that plan4 7#c7 ,reports ,not later than #fj days after the date of enactment of this subsection1 and once every #cj days thereafter until the date that is #ahj days after the date on which all amounts made available to carry out this section have been fully expended1 and upon request thereafter1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report on the oversight and audit activities of the ,administrator under this subsection1 which shall include-- 7,a7 the total number of grants approved and disbursed under this section2 7,b7 the total amount of each grant received by each eligible entity2 7,c7 the number of active investigations and audits of grants made under this section2 7,d7 the number of completed reviews and audits of grants made under this section1 including a description of-- 7i7 any findings of fraud or other material noncompliance with the requirements of this section2 7ii7 questionable costs identified by the ,administrator2 and 7iii7 the total amount recouped from ineligible recipients2 and 7,e7 a description of any substantial changes made to the plan required under paragraph 7#a74 7#d7 ,retroactive application ,this subsection shall apply to grants and decisions made under this section before1 on1 or after the date of enactment of this subsection4 4 #aje4 ,requirement of continuing operation ,for any application for a grant under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 that is pending on the date of enactment of this ,act or for which the applicant has received an award notice but the ,administrator has not disbursed amounts under the grant1 the ,administrator may not disburse amounts under the grant unless the applicant submits a statement to the ,administrator indicating the applicant is still operating1 or intends to reopen not later than #ahj days after the date on which the statement is submitted1 the applicable place of business4 ,,ii ,support for additional businesses suffering pandemic-related revenue loss ,a ,support for gyms and fitness facilities #baa4 ,definitions ,in this subtitle3 7#a7 ,affiliated business 7,a7 ,in general ,the term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than #ej percent1 or in which an eligible entity has the contractual authority to control the direction of the business1 provided that such affiliation shall be determined as of any arrangements or agreements in existence as of ,february #bi1 #bjbj4 7,b7 ,regulations ,for purposes of eligibility for covered grants-- 7i7 the provisions applicable to affiliations under section #aba4cja of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the ,administration2 and 7ii7 the exceptions to affiliation noted in section #aba4ajc7;b7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall apply to an affiliated business4 7#b7 ,covered grant ,the term covered grant means a grant under section #bac made to an eligible entity4 7#c7 ,covered period ,the term covered period means the period-- 7,a7 beginning on ,march #a1 #bjbj2 and 7,b7 ending on ,march #ca1 #bjbc1 or a date to be determined by the ,administrator that is not later than #b years after the date of enactment of this ,act4 7#d7 ,eligible entity ,the term eligible entity-- 7,a7 means a fitness facility-- 7i7 that employs not more than #ejj employees1 determined on a full-time equivalency basis2 7ii7 that-- 7,i7 provides instruction in a program of in-person physical exercise2 or 7,,ii7 offers space for individuals to take part in the preservation1 maintenance1 encouragement1 or development of physical fitness2 7iii7 for which the health or fitness component is not incidental to the overall function and purpose of the facility2 and 7iv7 that derives revenue primarily from membership dues or admission or participation fees2 7,b7 may include-- 7i7 a for-profit entity2 7ii7 a nonprofit entity2 and 7iii7 a ,tribally-owned concern2 and 7,c7 does not include-- 7i7 an entity with pandemic-related revenue losses that are not greater than #be percent2 7ii7 an entity described in subparagraph 7,a7 that-- 7,i7 is a ,state or local government-operated business2 7,,ii7 as of ,march #a1 #bjbj1 owns or operates 7together with any affiliated business7 more than #aj locations1 regardless of whether those locations do business under the same or multiple names2 7,,iii7 has a pending application for or has received a grant under-- 7aa7 section #cbd of the ,economic ,aid to ,hard ,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7bb7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 or 7,,iv7 offers golf1 hunting1 sailing1 shooting1 or riding facilities2 7iii7 a publicly-traded company2 7iv7 an entity that was not in operation before ,march #a1 #bjbj2 or 7v7 an entity that is not in operation on1 and does not intend to reopen on or before the date that is #ahj days after1 the date on which the entity applies for a covered grant4 7#e7 ,fund ,the term ,fund means the ,gym and ,fitness ,center ,recovery ,fund established under section #bab7;a77#a74 7#f7 ,pandemic-related revenue loss 7,a7 ,in general ,subject to subparagraph 7,b71 the term pandemic-related revenue loss means1 with respect to an eligible entity-- 7i7 except as provided in clauses 7ii7 and 7iii71 the gross receipts1 as established using such verification documentation as the ,administrator may require1 of the eligible entity during #bjbj subtracted from the gross receipts of the eligible entity in #bjai1 if such amount is greater than zero1 except that the ,administrator may make adjustments to this formula as needed for seasonal businesses1 businesses affected by natural disasters1 and to address other circumstances identified by the ,administrator requiring accommodation2 7ii7 if the eligible entity was not in operation for the entirety of #bjai-- 7,i7 the difference1 if greater than zero1 between-- 7aa7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in #bjai by #ab2 and 7bb7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in #bjbj by #ab2 or 7,,ii7 an amount based on a formula determined by the ,administrator2 and 7iii7 if the eligible entity opened during the period beginning on ,january #a1 #bjbj and ending on ,february #bi1 #bjbj1 an amount based on a formula determined by the ,administrator4 7,b7 ,reduction 7i7 ,in general ,the pandemic-related revenue losses for an eligible entity shall be reduced by-- 7,i7 any amounts received from a covered loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 in #bjbj or #bjba2 and 7,,ii7 the amount by which the total of all remunerative payments made to an individual1 including any annual salary paid to an employee1 in #bjbj exceeds #bej1jjj4 7ii7 ,administrator authority ,the ,administrator may determine the types of payments and individuals to which clause 7i77,,ii7 applies4 #bab4 ,support for gyms and fitness centers 7a7 ,establishment 7#a7 ,in general ,there is established within the ,restaurant ,revitalization ,fund established under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 a fund to be known as the ,gym and ,fitness ,center ,recovery ,fund4 7#b7 ,use of funds ,subject to section #bff1 the ,administrator may use amounts in the ,fund only for the purposes described in this subtitle and not for any purpose described in section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c74 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,fund for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until expended4 #bac4 ,grants from ,fund 7a7 ,in general ,except as provided in subsection 7c77#c7 of this section1 the ,administrator shall make covered grants to eligible entities in the order in which applications are received by the ,administrator4 7b7 ,applications 7#a7 ,certification ,an eligible entity applying for a covered grant shall make a good faith certification that-- 7,a7 the uncertainty of current economic conditions makes necessary the request for the covered grant to support the ongoing operations of the eligible entity2 7,b7 the eligible entity does not have a pending application for1 and has not received1 a grant under-- 7i7 section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7ii7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 and 7,c7 contains any other information that the ,administrator may require4 7#b7 ,verification materials ,subject to section #baa7f77;,a77i71 the ,administrator shall use tax records1 and may1 in addition1 use other reliable sources such as certified accounting statements1 with respect to an applicant for a covered grant to determine-- 7,a7 the eligibility of the applicant for that covered grant2 and 7,b7 the amount of that covered grant to the applicant4 7#c7 ,acceptance of applications ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall begin accepting applications for covered grants4 7c7 ,amount of grant 7#a7 ,aggregate maximum amount ,the aggregate amount of covered grants made to an eligible entity and any affiliated businesses of the eligible entity-- 7,a7 shall not exceed #b1jjj1jjj2 and 7,b7 shall be limited to #a1jjj1jjj per physical location of the eligible entity4 7#b7 ,determination of amount of grant 7,a7 ,in general ,except as provided in this subsection1 the amount of a covered grant made to an eligible entity shall be equal to the difference between-- 7i7 the pandemic-related revenue loss of the eligible entity2 and 7ii7 7,i7 the amount equal to the product obtained by multiplying #c by the average monthly gross receipts of the eligible entity in #bjai2 or 7,,ii7 for an eligible entity that did not have gross receipts in #bjai1 because the eligible entity began operating between ,january #a1 #bjbj and ,february #bi1 #bjbj or due to other factors identified by the ,administrator1 an alternative amount based on a formula to be determined by the ,administrator4 7,b7 ,limitation ,an eligible entity may not receive a covered grant in an amount that is greater than-- 7i7 the amount equal to the product obtained by multiplying #f by the average monthly gross receipts of the eligible entity in #bjai2 or 7ii7 if the eligible entity was not in operation for the entirety of #bjai1 if the gross receipts of the eligible entity during #bjai were reduced due to other factors identified by the ,administrator1 or if the eligible entity opened during the period beginning on ,january #a1 #bjbj and ending on ,february #bi1 #bjbj1 an amount determined under a formula established by the ,administrator4 7,c7 ,minimum amount ,the ,administrator may establish a minimum amount of a covered grant in an amount that is not more than #aj1jjj4 7,d7 ,return to ,,sba ,any amount of a covered grant to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in #bjbj shall be returned to the ,administrator1 who may use those returned funds to make additional covered grants4 7#c7 ,insufficient funding 7,a7 ,in general ,if the ,administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs 7#a7 and 7#b71 the ,administrator shall-- 7i7 make covered grants with the available amounts-- 7,i7 such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage2 7,,ii7 by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs2 or 7,,iii7 by providing covered grants in the amounts provided under those paragraphs below a certain threshold 7as the ,administrator may establish7 and reducing covered grants above that threshold by an equal percentage2 and 7ii7 in a manner that complies with clause 7i71 make covered grants to each eligible entity that submits an application for a covered grant during the #ba-;day period beginning on the date on which the ,administrator begins accepting those applications4 7,b7 ,reserving funds ,nothing in subparagraph 7,a7 shall prevent the ,administrator from-- 7i7 reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration2 or 7ii7 making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established1 upon the completion of the reconsideration process4 7d7 ,use of funds ,during the covered period1 an eligible entity that receives a covered grant may use amounts received under the covered grant for the following expenses incurred as a direct result of1 or during1 the ,,covid-#ai pandemic3 7#a7 ,payroll costs4 7#b7 ,payments to independent contractors1 as reported on ,form #ajii-,,misc1 except that each payment under this paragraph shall be in an amount that is not more than #ajj1jjj4 7#c7 ,scheduled payments of interest or principal on any covered mortgage obligation 7which may not include any prepayment of principal on a covered mortgage obligation74 7#d7 ,payments on any covered rent obligation and common area maintenance charges under a lease agreement4 7#e7 ,covered utility payments4 7#f7 ,maintenance expenses4 7#g7 ,covered worker protection expenditures4 7#h7 ,supplies1 including protective equipment and cleaning materials4 7#i7 ,expenses that were within the scope of the normal business practice of the eligible entity before the covered period4 7#aj7 ,covered supplier costs4 7#aa7 ,operational expenses4 7#ab7 ,paid sick leave4 7#ac7 ,capital expenditures 7or expenses required under any ,federal1 ,state1 or local law7 relating to implementing social distancing measures4 7#ad7 ,any other expenses that the ,administrator determines to be essential to maintaining the eligible entity4 7e7 ,returning funds ,if an eligible entity that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period1 the eligible entity shall return to the ,treasury any funds that the eligible entity did not use for the allowable expenses under subsection 7d74 ,b ,support for minor league sports #bba4 ,definitions ,in this subtitle3 7#a7 ,covered grant ,the term covered grant means a grant made under section #bbc to an eligible entity4 7#b7 ,fund ,the term ,fund means the ,save ,minor ,league ,sports ,fund established under section #bbb7;a77#a74 7#c7 ,eligible entity 7,a7 ,in general ,the term eligible entity means any minor league sports team that meets the following requirements3 7i7 ,the minor league sports team was operating in the ordinary course of business on ,february #bi1 #bjbj4 7ii7 ,the gross receipts of the minor league sports team-- 7,i7 in calendar year #bjbj or the fiscal year ending in #bjba was not more than #ej percent of the gross receipts of the minor league sports team in calendar year #bjai or the fiscal year ending in #bjai1 respectively2 or 7,,ii7 in calendar year #bjbj or the fiscal year ending in #bjba was not more than #ej percent of the gross receipts of the minor league sports team over the #c-year period from calendar year #bjaf through calendar #bjah or the fiscal year ending in #bjaf through the fiscal year ending in #bjah1 respectively1 if the gross receipts of the minor league sports team was negatively impacted by a natural disaster or weather disruption in calendar year #bjai or the fiscal year ending in #bjai4 7iii7 ,the minor league sports team is open on1 or intends to reopen on or before the date that is #ahj days after1 the date on which the minor league sports team submits the certification required under section #bbc7;b77#a71 for the primary purpose of conducting sports games4 7,b7 ,exclusions ,the term eligible entity does not include a minor league sports team that-- 7i7 has a pending application for or has received a grant under-- 7,i7 section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7,,ii7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 7ii7 is owned directly or indirectly by a major league sports league or major league sports team2 7iii7 has an individual owner with-- 7,i7 not less than a #bj percent share in the team2 and 7,,ii7 more than a #aj percent ownership interest in a major league sports league or major league sports team2 7iv7 is more than #ej percent owned by a private equity fund2 or 7v7 is more than #ej percent owned by a publicly-traded company4 7,c7 ,multiple business entities ,the ,administrator shall treat each eligible entity as an independent1 non-affiliated entity for the purposes of this subtitle4 7#d7 ,minor league sports team ,the term minor league sports team means a professional sports team-- 7,a7 that may be-- 7i7 a corporation1 limited liability company1 partnership1 or nonprofit organization2 7ii7 operated as a sole proprietorship2 or 7iii7 a ,tribally-owned concern2 7,b7 that1 as of the date of enactment of this ,act-- 7i7 is located in the ,united ,states2 7ii7 is not owned directly or indirectly by an educational institution2 7iii7 derives income primarily from the presence of in-person spectators2 7iv7 is not-- 7,i7 a recreational1 intramural1 club1 or other type of amateur sports team2 or 7,,ii7 a training academy open to athletes under #ah years of age2 7v7 does not require players to pay a fee to participate2 and 7vi7 either has a formal relationship with a major league sports team or major league sports league to develop players to compete in a major league sports league1 or competes in a sports league from which a major league sports team or major league sports league scouts for prospective players2 and 7,c7 comprised of players paid a salary to play in the games of the team as of-- 7i7 the date of enactment of this ,act2 or 7ii7 ,february #bi1 #bjbj4 7#e7 ,major league sports league ,the term major league sports league means a professional sports league consisting of teams competing at the highest professional level of a given sport in the ,united ,states1 as determined by the ,administrator4 7#f7 ,major league sports team ,the term major league sports team means a team that competes in a major league sports league4 7#g7 ,natural disaster or weather disruption ,the term natural disaster or weather disruption means-- 7,a7 a flooding event1 hurricane1 earthquake1 forest fire1 or other disaster that triggers eligibility for ,federal aid1 including disaster assistance from the ,administrator2 or 7,b7 a series of weather-related events that1 individually or collectively1 caused more than #bj percent of games to be permanently canceled4 7#h7 ,pandemic-related revenue loss 7,a7 ,in general ,the term pandemic-related revenue loss1 with respect to an eligible entity1 as established using such verification documentation as the ,administrator may require1 means1 if such amount is greater than zero-- 7i7 except as provided in clauses 7ii71 7iii71 and 7iv71 the gross receipts of the eligible entity during calendar year #bjbj or the fiscal year ending in #bjba subtracted from the gross receipts of the eligible entity in calendar year #bjai or the fiscal year ending in #bjai1 respectively2 7ii7 the gross receipts of the eligible entity during calendar year #bjbj or the fiscal year ending in #bjba subtracted from the average annual gross receipts of the eligible entity over the #c-year period from calendar year #bjaf through calendar year #bjah or the fiscal year ending in #bjaf through the fiscal year ending in #bjah1 respectively1 if the gross receipts of the eligible entity were negatively impacted by a natural disaster or weather disruption in calendar year #bjai or the fiscal year ending in #bjai2 7iii7 if the eligible entity was not in operation for the entirety of #bjai-- 7,i7 the difference between-- 7aa7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in calendar year #bjai or the fiscal year ending in #bjai by #ab2 and 7bb7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in calendar year #bjbj or the fiscal year ending in #bjba by #ab2 or 7,,ii7 an amount based on a formula determined by the ,administrator2 or 7iv7 if the eligible entity opened during the period beginning on ,january #a1 #bjbj1 and ending on ,february #bi1 #bjbj-- 7,i7 the expenses described in section #bbc7;f7 that were incurred by the eligible entity minus any gross receipts received2 or 7,,ii7 an amount based on a formula determined by the ,administrator4 7,b7 ,reduction ,for purposes of this paragraph1 the pandemic-related revenue loss for an eligible entity shall be reduced by any amounts received from a covered loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 in #bjbj or #bjba4 #bbb4 ,save ,minor ,league ,sports ,fund 7a7 ,establishment 7#a7 ,in general ,there is established within the ,restaurant ,revitalization ,fund established under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 a fund to be known as the ,save ,minor ,league ,sports ,fund4 7#b7 ,use of funds ,subject to section #bff1 the ,administrator may use amounts in the ,fund only for the purposes described in this subtitle and not for any purpose described in section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c74 7b7 ,appropriations 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated to the ,fund for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #ejj1jjj1jjj1 to remain available until expended4 7c7 ,use of funds ,the ,administrator shall use amounts in the ,fund to make covered grants4 #bbc4 ,save minor league sports grants 7a7 ,in general ,except as provided in subsection 7e77#c71 the ,administrator shall award covered grants to eligible entities in the order in which applications are received by the ,administrator4 7b7 ,application ,an eligible entity applying for a covered grant shall make a good faith certification that-- 7#a7 the uncertainty of current economic conditions makes necessary the grant request to support the ongoing operations of the eligible entity2 7#b7 the eligible entity does not have a pending application nor has the eligible entity received a grant under-- 7,a7 section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7,b7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 and 7#c7 contains any other information that the ,administrator may require4 7c7 ,verification materials ,subject to section #bba7h77;,a71 the ,administrator shall use tax records1 and may1 in addition1 use other reliable sources such as certified accounting statements1 with respect to an applicant for a covered grant to determine-- 7#a7 the eligibility of the applicant for that covered grant2 and 7#b7 the amount of that covered grant to the applicant4 7d7 ,limitation on number of grants ,an eligible entity may receive only #a covered grant4 7e7 ,maximum amount 7#a7 ,aggregate maximum amount ,the amount of a covered grant made to an eligible entity-- 7,a7 shall not exceed #e1jjj1jjj2 and 7,b7 shall be limited to-- 7i7 #ej percent of the gross receipts of the eligible entity for calendar year #bjai or the fiscal year ending in #bjai2 7ii7 #ej percent of the average annual gross receipts of the eligible entity over the #c-year period from calendar year #bjaf through calendar year #bjah or the fiscal year ending in #bjaf through the fiscal year ending in #bjah1 if the gross receipts of the eligible entity were negatively impacted by a natural disaster or weather disruption in calendar year #bjai or the fiscal year ending in #bjai2 7iii7 an amount based on a formula determined by the ,administrator if the eligible entity was not in operation for the entirety of #bjai2 or 7iv7 an amount based on a formula determined by the ,administrator if the eligible entity opened during the period beginning on ,january #a1 #bjbj and ending on ,february #bi1 #bjbj4 7#b7 ,determination of grant amount 7,a7 ,in general ,except as provided in this subsection1 the amount of a covered grant made to an eligible entity shall be equal to the difference between-- 7i7 the pandemic-related revenue loss of the eligible entity2 and 7ii7 7,i7 the amount equal to the product obtained by multiplying #c by the average monthly gross receipts of the eligible entity in #bjai2 7,,ii7 for an eligible entity that did not have gross receipts in #bjai1 because the eligible entity began operating between ,january #a1 #bjbj and ,february #bi1 #bjbj1 or due to other factors identified by the ,administrator1 an alternative amount based on a formula to be determined by the ,administrator2 or 7,,iii7 for an eligibility that was negatively impacted by a natural disaster or weather disruption in calendar year #bjai or the fiscal year ending in #bjai1 the amount equal to the product obtained by multiplying #c by the average monthly gross receipts of the eligible entity over the #c-year period from calendar year #bjaf through calendar year #bjah or the fiscal year ending in #bjaf through the fiscal year ending in #bjah4 7,b7 ,return of grants 7i7 ,gross receipts ,any amount of a covered grant made to an eligible entity based on estimated gross receipts that is greater than the actual gross receipts of the eligible entity in #bjbj shall be returned to the ,administrator1 who may use those returned funds to make additional covered grants4 7ii7 ,private equity fund1 publicly-traded company1 or major league sports team ,the full amount of a covered grant made to an eligible entity shall be returned to the ,treasury if1 during the #c-year period following receipt of the covered grant1 the eligible entity-- 7,i7 becomes more than #ej percent owned by a private equity fund2 7,,ii7 becomes or is acquired by a publicly-traded company2 or 7,,iii7 becomes more than #ej percent owned by a major league sports team4 7#c7 ,insufficient funding 7,a7 ,in general ,if the ,administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs 7#a7 and 7#b71 the ,administrator shall-- 7i7 make covered grants with the available amounts-- 7,i7 such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage2 7,,ii7 by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs2 or 7,,iii7 by providing covered grants in the amounts provided under those paragraphs below a certain threshold 7as the ,administrator may establish7 and reducing covered grants above that threshold by an equal percentage2 and 7ii7 in a manner that complies with clause 7i71 make covered grants to each eligible entity that submits an application for a covered grant during the #ba-;day period beginning on the date on which the ,administrator begins accepting those applications4 7,b7 ,reserving funds ,nothing in subparagraph 7,a7 shall prevent the ,administrator from-- 7i7 reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration2 or 7ii7 making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established1 upon the completion of the reconsideration process4 7f7 ,use of funds 7#a7 ,timing 7,a7 ,expenses incurred ,amounts received under a covered grant may only be used for expenses incurred1 including for reimbursements of expenses already paid by the eligible entity1 during the period beginning on ,march #a1 #bjbj1 and ending on the date that is #ah months after the date of enactment of this ,act4 7,b7 ,expenditure ,an eligible entity shall return to the ,treasury any amounts received under a covered grant that are not expended on or before the date that is #ah months after the date of disbursement of the covered grant4 7#b7 ,allowable expenses ,an eligible entity may use amounts received under a covered grant for-- 7,a7 payroll costs1 not to exceed a total of #ajj1jjj in annual compensation for any individual employee2 7,b7 payments on any covered rent obligation or other obligation to a public entity from whom the primary venue of the eligible entity is leased or licensed2 7,c7 any covered utility payment2 7,d7 payments of interest or principal due on any covered mortgage obligation2 7,e7 payments of interest or principal due on any indebtedness or debt instrument incurred in the ordinary course of business that is a liability of the eligible entity and was in place or incurred prior to ,march #a1 #bjbj1 including any subsequent renewals1 amendments1 or extensions of debt instruments in place as of that date2 7,f7 covered worker protection expenditures2 7,g7 payments made to independent contractors1 as reported on ,form-#ajii ,,misc1 not to exceed a total of #ajj1jjj in annual compensation for any individual employee of an independent contractor2 and 7,h7 other ordinary and necessary business expenses1 including-- 7i7 maintenance expenses2 7ii7 administrative costs1 including fees and licensing costs2 7iii7 ,state and local taxes and fees2 7iv7 operating leases in effect as of ,march #a1 #bjbj2 7v7 payments required for insurance on any insurance policy2 7vi7 settling existing debts with vendors2 and 7vii7 advertising1 production1 transportation1 and other expenditures relating to the primary venue of the eligible entity or events held at such venue1 except that a covered grant may not be used primarily for such expenditures4 7#c7 ,prohibited expenses ,an eligible entity may not use amounts received under a covered grant-- 7,a7 to purchase real estate or to make physical improvements to property unrelated to compliance with social distancing guidelines2 7,b7 for payments of interest or principal for loans originated after ,march #a1 #bjbj2 7,c7 to invest or re-lend funds2 7,d7 for contributions or expenditures to1 or on behalf of1 any political party1 party committee1 or candidate for elective office2 or 7,e7 for any other use as may be reasonably prohibited by the ,administrator4 ,c ,support for border businesses affected by border closures #bca4 ,definitions ,in this subtitle3 7#a7 ,affiliated business 7,a7 ,in general ,the term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than #ej percent1 or in which an eligible entity has the contractual authority to control the direction of the business1 provided that such affiliation shall be determined as of any arrangements or agreements in existence as of ,february #bi1 #bjbj4 7,b7 ,regulations ,for purposes of eligibility for covered grants-- 7i7 the provisions applicable to affiliations under section #aba4cja of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the ,administration2 and 7ii7 the exceptions to affiliation noted in section #aba4ajc7;b7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall apply to an affiliated business4 7#b7 ,border business ,the term border business-- 7,a7 means an entity-- 7i7 that is a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb772 7ii7 the principal office of which is located in the ,united ,states2 7iii7 that has-- 7,i7 annual average gross receipts in #bjai in an amount that is not more than #a1jjj1jjj2 and 7,,ii7 not less than #a and not more than #be employees1 determined on a full-time equivalency basis2 and 7iv7 that has a physical location within-- 7,i7 an area adjacent to a designated land port of entry1 including-- 7aa7 the lands within the external boundaries of a designated land port of entry along the international borders between the ,united ,states and ,mexico or the ,united ,states and ,canada2 7bb7 the census tract in which the lands described in item 7aa7 are wholly contained2 7cc7 a census tract the boundaries of which intersect the lands described in item 7aa72 and 7dd7 a census tract-- 7,,aa7 the boundaries of which are contiguous to the census tracts described in item 7bb7 or 7cc72 and 7,,bb7 which is not more than #ej miles from the international border between the ,united ,states and ,mexico or the ,united ,states and ,canada2 or 7,,ii7 a colonia2 7,b7 may include-- 7i7 a for-profit entity2 and 7ii7 a ,tribally-owned concern2 and 7,c7 does not include-- 7i7 an entity with pandemic-related revenue losses that are not greater than #be percent2 7ii7 an entity described in subparagraph 7,a7 that is a ,state or local government-operated business2 7iii7 a publicly traded company2 7iv7 an entity that is owned or operated by a private equity fund2 7v7 an entity that was not in operation before ,march #a1 #bjbj2 or 7vi7 an entity that is not in operation on1 and does not intend to reopen on or before the date that is #ahj days after1 the date on which the entity applies for a covered grant4 7#c7 ,colonia ,the term colonia has the meaning given the term in section #iaf7;e7 of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #ecjf note74 7#d7 ,covered grant ,the term covered grant means a grant under section #bcc made to a border business4 7#e7 ,covered period ,the term covered period means the period-- 7,a7 beginning on ,march #a1 #bjbj2 and 7,b7 ending on ,march #ca1 #bjbc1 or a date to be determined by the ,administrator that is not later than #b years after the date of enactment of this ,act4 7#f7 ,fund ,the term ,fund means the ,border ,closure ,recovery ,grant ,fund established under section #bcb7;a77#a74 7#g7 ,pandemic-related revenue loss 7,a7 ,in general ,subject to subparagraph 7,b71 the term pandemic-related revenue loss means1 with respect to a border business-- 7i7 except as provided in clauses 7ii7 and 7iii71 the gross receipts1 as established using such verification documentation as the ,administrator may require1 of the border business during #bjbj subtracted from the gross receipts of the border business in #bjai1 if such amount is greater than zero1 except that the ,administrator may make adjustments to this formula as needed for seasonal businesses1 businesses affected by natural disasters1 and to address other circumstances identified by the ,administrator requiring accommodation2 7ii7 if the border business was not in operation for the entirety of #bjai-- 7,i7 the difference between1 if greater than zero-- 7aa7 the product obtained by multiplying the average monthly gross receipts of the border business in #bjai by #ab2 and 7bb7 the product obtained by multiplying the average monthly gross receipts of the border business in #bjbj by #ab2 or 7,,ii7 an amount based on a formula determined by the ,administrator2 and 7iii7 if the border business opened during the period beginning on ,january #a1 #bjbj1 and ending on ,february #bi1 #bjbj1 an amount based on a formula determined by the ,administrator4 7,b7 ,reduction 7i7 ,in general ,the pandemic-related revenue losses for a border business shall be reduced by-- 7,i7 any amounts received from a covered loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 in #bjbj or #bjba2 and 7,,ii7 the amount by which any remunerative payment made to an individual1 including any salary paid to an employee1 in #bjbj exceeds #bej1jjj4 7ii7 ,administrator authority ,the ,administrator may determine the types of payments and individuals to which clause 7i77,,ii7 applies4 #bcb4 ,border closure recovery grant program 7a7 ,establishment 7#a7 ,in general ,there is established within the ,restaurant ,revitalization ,fund established under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 a fund to be known as the ,border ,closure ,recovery ,grant ,fund4 7#b7 ,use of funds ,subject to section #bff1 the ,administrator may use amounts in the ,fund only for the purposes described in this subtitle and not for any purpose described in section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c74 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,fund for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #a1dae1jjj1jjj1 to remain available until expended4 #bcc4 ,grants from ,fund 7a7 ,in general ,except as provided in subsection 7c77#c7 and in accordance with subsection 7c77#b77;,e71 the ,administrator shall make covered grants in the order in which applications are received by the ,administrator4 7b7 ,applications 7#a7 ,certification ,a border business applying for a covered grant shall make a good faith certification that-- 7,a7 the covered grant is necessary to support the operations of the border business1 which were adversely affected by the border travel restrictions imposed by the ,federal ,government in response to the ,,covid-#ai pandemic2 7,b7 the border business does not have a pending application for1 and has not received1 a grant under-- 7i7 section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7ii7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 and 7,c7 contains any other information that the ,administrator may require4 7#b7 ,verification materials ,subject to section #bca7g77;,a77i71 the ,administrator shall use tax records1 and may1 in addition1 use other reliable sources such as certified accounting statements1 with respect to an applicant for a covered grant to determine-- 7,a7 the eligibility of the applicant for that covered grant2 and 7,b7 the amount of that covered grant to the applicant4 7#c7 ,acceptance of applications ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall begin accepting applications for covered grants4 7c7 ,amount of grant 7#a7 ,aggregate maximum amount ,the aggregate amount of covered grants made to a border business and any affiliated businesses of the border business shall not exceed #cej1jjj4 7#b7 ,determination of amount of grant 7,a7 ,in general ,except as provided in this subsection1 the amount of a covered grant made to a border business shall be equal to the difference between-- 7i7 the pandemic-related revenue loss of the border business2 and 7ii7 7,i7 the amount equal to the product obtained by multiplying #c by the average monthly gross receipts of the border business in #bjai2 or 7,,ii7 for a border business that did not have gross receipts in #bjai1 because the border business began operating between ,january #a1 #bjbj and ,february #bi1 #bjbj or due to other factors identified by the ,administrator1 an alternative amount based on a formula to be determined by the ,administrator4 7,b7 ,limitation ,a border business may not receive a covered grant in an amount that is greater than-- 7i7 the amount equal to the product obtained by multiplying #f by the average monthly gross receipts of the border business in #bjai2 or 7ii7 if the border business was not in operation for the entirety of #bjai1 if the gross receipts of the border business during #bjai were reduced due to other factors identified by the ,administrator1 or if the border business opened during the period beginning on ,january #a1 #bjbj and ending on ,february #bi1 #bjbj1 an amount determined under a formula established by the ,administrator4 7,c7 ,minimum amount ,the ,administrator may establish a minimum amount of a covered grant in an amount that is not more than #aj1jjj4 7,d7 ,return to ,,sba ,any amount of a covered grant to a border business based on estimated receipts that is greater than the actual gross receipts of the border business in #bjbj shall be returned to the ,administrator1 who may use those returned funds to make additional covered grants4 7,e7 ,minimum allocation ,the ,administrator shall ensure that-- 7i7 not less than one-third of amounts made available to carry out this subtitle is used to make covered grants to border businesses located along the international border between the ,united ,states and ,mexico1 including colonias2 and 7ii7 not less than one-third of amounts made available to carry out this subtitle is used to make covered grants to border businesses located along the international border between the ,united ,states and ,canada4 7#c7 ,insufficient funding 7,a7 ,in general ,if the ,administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each border business in the amount provided under paragraphs 7#a7 and 7#b71 the ,administrator shall1 in a manner that maintains the minimum allocation requirements under paragraph 7#b77;,e7-- 7i7 make covered grants with the available amounts-- 7,i7 such that the amount of the covered grant that each border business would have otherwise received under those paragraphs is reduced by an equal percentage2 7,,ii7 by establishing a maximum amount for a covered grant made under this clause to ensure that smaller border businesses still receive covered grants in the amounts provided under those paragraphs2 or 7,,iii7 by providing covered grants in the amounts provided under those paragraphs below a certain threshold 7as the ,administrator may establish7 and reducing covered grants above that threshold by an equal percentage2 and 7ii7 in a manner that complies with clause 7i71 make covered grants to each border business that submits an application for a covered grant during the #ba-;day period beginning on the date on which the ,administrator begins accepting those applications4 7,b7 ,reserving funds ,nothing in subparagraph 7,a7 shall prevent the ,administrator from-- 7i7 reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration2 or 7ii7 making partial awards to border businesses on a preliminary basis until the amount of funding required to fund covered grants to all border businesses that submit applications is established1 upon the completion of the reconsideration process4 7d7 ,use of funds ,a border business may use amounts received under a covered grant for the following expenses incurred during the covered period as a direct result of1 or during1 the ,,covid-#ai pandemic1 including logistical expenses associated with border closures3 7#a7 ,payroll costs4 7#b7 ,payments to independent contractors1 as reported on ,form #ajii-,,misc1 except that each payment under this paragraph shall be in an amount that is not more than #ajj1jjj4 7#c7 ,scheduled payments of interest or principal on any covered mortgage obligation 7which may not include any prepayment of principal on a covered mortgage obligation74 7#d7 ,payments on any covered rent obligation and common area maintenance charges under a lease agreement4 7#e7 ,covered utility payments4 7#f7 ,maintenance expenses4 7#g7 ,covered worker protection expenditures4 7#h7 ,supplies1 including protective equipment and cleaning materials4 7#i7 ,expenses that were within the scope of the normal business practice of the border business before the covered period4 7#aj7 ,covered supplier costs4 7#aa7 ,operational expenses4 7#ab7 ,paid sick leave4 7#ac7 ,costs associated with resuming or scaling up business operations after ,,covid-#ai pandemic-related border travel restrictions have been lifted4 7#ad7 ,workforce training or retraining expenses4 7#ae7 ,any other expenses that the ,administrator determines to be essential to maintaining the border business4 7e7 ,returning funds ,if a border business that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period1 the border business shall return to the ,treasury any funds that the border business did not use for the allowable expenses under subsection 7d74 #bcd4 ,outreach 7a7 ,in general ,in carrying out the program under this subtitle1 the ,administrator shall make grants to1 or enter into contracts or cooperative agreements with1 not fewer than #f private nonprofit organizations1 resource partners1 ,states1 ,indian ,tribes1 or units of local government1 including not fewer than #c adjacent to the international border between the ,united ,states and ,canada and not fewer than #c adjacent to the international border between the ,united ,states and ,mexico1 under the authorities of the ,community ,navigator pilot program established under section #ejjd of the ,american ,rescue ,plan ,act 7#ae ,u4,s4,c4 #ijac7 in order to improve access to assistance programs and resources made available by ,federal1 ,state1 ,tribal1 and local entities in response to the ,,covid-#ai pandemic1 and related border travel restrictions4 7b7 ,funding ,the ,administrator shall set aside #aj1jjj1jjj from amounts in the ,fund to make grants or enter into contracts or cooperative agreements under subsection 7a74 7c7 ,resource partners ,in addition to the activities described in subsection 7a71 the ,administrator shall1 in partnership with entities participating in the ,community ,navigator pilot program established under section #ejjd of the ,american ,rescue ,plan ,act 7#ae ,u4,s4,c4 #ijac71 small business development centers 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb771 women's business centers described in section #bi of that ,act 7#ae ,u4,s4,c4 #fef71 ,veteran ,business ,outreach ,centers described in section #cb of that ,act 7#ae ,u4,s4,c4 #feg;b71 and the ,service ,corps of ,retired ,executives established under section #h7;b77#a77;,b7 of that ,act 7#ae ,u4,s4,c4 #fcg7;b77#a77;,b77-- 7#a7 help make border businesses aware of the availability of the program under this subtitle and promote engagement with that program2 and 7#b7 provide technical assistance to applicants1 including instructions on how to participate in the program under this subtitle1 assistance in preparing applications for participation in that program1 and assistance in complying with any reporting requirements established by the ,administrator with respect to that program4 7d7 ,language access ,the ,administrator shall ensure that outreach and technical assistance activities described in this section are made available to border businesses in the #aj most commonly spoken languages1 other than ,english1 in the ,states of the ,united ,states that border the international boundary with ,mexico or that border the international boundary with ,canada1 including in ,spanish and in ,french4 ,d ,support for live venue service and support companies #bda4 ,definitions ,in this subtitle3 7#a7 ,affiliated business 7,a7 ,in general ,the term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than #ej percent1 or in which an eligible entity has the contractual authority to control the direction of the business1 provided that such affiliation shall be determined as of any arrangements or agreements in existence as of ,february #bi1 #bjbj4 7,b7 ,regulations ,for purposes of eligibility for covered grants-- 7i7 the provisions applicable to affiliations under section #aba4cja of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the ,administration2 and 7ii7 the exceptions to affiliation noted in section #aba4ajc7;b7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall apply to an affiliated business4 7#b7 ,covered grant ,the term covered grant means a grant under section #ejc made to an eligible entity4 7#c7 ,covered period ,the term covered period means the period-- 7,a7 beginning on ,march #a1 #bjbj2 and 7,b7 ending on ,march #ca1 #bjbc1 or a date to be determined by the ,administrator that is not later than #b years after the date of enactment of this ,act4 7#d7 ,eligible entity ,the term eligible entity-- 7,a7 means an individual or entity-- 7i7 that is assigned a ,north ,american ,industry ,classification ,system code of #ecbbhi1 #ecbdij1 #edadaj1 #edadbj1 #edadcj1 #edadij1 #efaeia1 #efaibj1 #gaaaij1 #gaacjj1 or #gaacbj1 as appears on the most recent income tax filing or on the application for a loan under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 of the individual or entity1 if applicable2 and 7ii7 7,i7 7aa7 that1 as the principal business of the individual or entity1 provides stages1 lighting1 sound1 casts1 or other support for live events2 and 7bb7 for which not less than #fe percent of the earned revenue generated through providing the support described in item 7aa7 is for live events organized1 promoted1 produced1 managed1 or hosted by an eligible person or entity described in section #cbd7;a77#a77;,a77iii7 of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a7a77#a77;,a77iii772 or 7,,ii7 7aa7 as the principal business of the individual or entity1 showcases performers or pre-packaged productions to potential buyers2 and 7bb7 for which not less than #fe percent of the earned revenue generated through showcasing performers or pre-packaged productions described in item 7aa7 is for live events-- 7,,aa7 organized1 promoted1 produced1 managed1 or hosted by an eligible person or entity described in section #cbd7;a77#a77;,a77iii7 of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a7a77#a77;,a77iii772 or 7,,bb7 hosted in a hotel or convention center facility2 7,b7 includes an individual or entity described in subparagraph 7,a7 that-- 7i7 operates for profit2 7ii7 is a ,tribally-owned concern2 or 7iii7 is a corporation1 limited liability company1 or partnership or operated as a sole proprietorship2 and 7,c7 does not include-- 7i7 an individual or entity described in subparagraph 7,a7 that-- 7,i7 employs more than #bej employees1 determined on a full-time equivalency basis2 7,,ii7 is registered outside of the ,united ,states2 or 7,,iii7 has pandemic-related revenue losses that are not greater than #be percent2 7ii7 an entity described in subparagraph 7,a7 that-- 7,i7 is a ,state or local government-operated business2 7,,ii7 as of ,february #bi1 #bjbj1 owns or operates 7together with any affiliated business7 more than #e locations1 regardless of whether those locations do business under the same or multiple names2 or 7,,iii7 has a pending application for1 or has received1 a grant under-- 7aa7 section #cbd of the ,economic ,aid to ,hard ,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7bb7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 7iii7 a publicly-traded company2 7iv7 an entity that is owned or operated by a private equity fund2 7v7 an entity that was not in operation before ,march #a1 #bjbj2 or 7vi7 an entity that is not in operation on1 and does not intend to reopen on or before the date that is #ahj days after1 the date on which the entity applies for a covered grant4 7#e7 ,fund ,the term ,fund means the ,live ,venue ,service and ,support ,business ,relief ,fund established under section #bdb7;a77#a74 7#f7 ,pandemic-related revenue loss 7,a7 ,in general ,subject to subparagraph 7,b71 the term pandemic-related revenue loss means1 with respect to an eligible entity-- 7i7 except as provided in clauses 7ii7 and 7iii71 the gross receipts1 as established using such verification documentation as the ,administrator may require1 of the eligible entity during #bjbj subtracted from the gross receipts of the eligible entity in #bjai1 if such amount is greater than zero1 except that the ,administrator may make adjustments to this formula as needed for seasonal businesses1 businesses affected by natural disasters1 and to address other circumstances identified by the ,administrator requiring accommodation2 7ii7 if the eligible entity was not in operation for the entirety of #bjai-- 7,i7 the difference1 if greater than zero1 between-- 7aa7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in #bjai by #ab2 and 7bb7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in #bjbj by #ab2 or 7,,ii7 an amount based on a formula determined by the ,administrator2 and 7iii7 if the eligible entity opened during the period beginning on ,january #a1 #bjbj and ending on ,february #bi1 #bjbj1 an amount based on a formula determined by the ,administrator4 7,b7 ,reduction 7i7 ,in general ,the pandemic-related revenue losses for an eligible entity shall be reduced by-- 7,i7 any amounts received from a covered loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 in #bjbj or #bjba2 and 7,,ii7 the amount by which the total of all remunerative payments made to an individual1 including any annual salary paid to an employee1 in #bjbj exceeds #bej1jjj4 7ii7 ,administrator authority ,the ,administrator may determine the types of payments and individuals to which clause 7i77,,ii7 applies4 #bdb4 ,live ,venue ,service and ,support ,business ,relief ,fund 7a7 ,establishment 7#a7 ,in general ,there is established within the ,restaurant ,revitalization ,fund established under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 a fund to be known as the ,live ,venue ,service and ,support ,business ,relief ,fund4 7#b7 ,use of funds ,subject to section #bff1 the ,administrator may use amounts in the ,fund only for the purposes described in this subtitle and not for any purpose described in section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c74 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,fund for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until expended4 #bdc4 ,grants from ,fund 7a7 ,in general ,except as provided in subsection 7c77#c71 the ,administrator shall make covered grants to eligible entities in the order in which applications are received by the ,administrator4 7b7 ,applications 7#a7 ,certification ,an eligible entity applying for a covered grant shall make a good faith certification that-- 7,a7 the uncertainty of current economic conditions makes necessary the request for the covered grant to support the ongoing operations of the eligible entity2 7,b7 the eligible entity does not have a pending application for1 and has not received1 a grant under-- 7i7 section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7ii7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 and 7,c7 contains any other information that the ,administrator may require4 7#b7 ,verification materials ,subject to section #bda7f77;,a77i71 the ,administrator shall use tax records1 and may1 in addition1 use other reliable sources such as certified accounting statements1 with respect to an applicant for a covered grant to determine-- 7,a7 the eligibility of the applicant for that covered grant2 and 7,b7 the amount of that covered grant to the applicant4 7#c7 ,acceptance of applications ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall begin accepting applications for covered grants4 7c7 ,amount of grant 7#a7 ,aggregate maximum amount ,the aggregate amount of covered grants made to an eligible entity and any affiliated businesses of the eligible entity shall not exceed #b1jjj1jjj4 7#b7 ,determination of amount of grant 7,a7 ,in general ,except as provided in this subsection1 the amount of a covered grant made to an eligible entity shall be equal to the difference between-- 7i7 the pandemic-related revenue loss of the eligible entity2 and 7ii7 7,i7 the amount equal to the product obtained by multiplying #c by the average monthly gross receipts of the eligible entity in #bjai2 or 7,,ii7 for an eligible entity that did not have gross receipts in #bjai1 because the eligible entity began operating between ,january #a1 #bjbj and ,february #bi1 #bjbj or due to other factors identified by the ,administrator1 an alternative amount based on a formula to be determined by the ,administrator4 7,b7 ,limitation ,an eligible entity may not receive a covered grant in an amount that is greater than-- 7i7 the amount equal to the product obtained by multiplying #f by the average monthly gross receipts of the eligible entity in #bjai2 or 7ii7 if the eligible entity was not in operation for the entirety of #bjai1 if the gross receipts of the eligible entity during #bjai were reduced due to other factors identified by the ,administrator1 or if the eligible entity opened during the period beginning on ,january #a1 #bjbj and ending on ,february #bi1 #bjbj1 an amount determined under a formula established by the ,administrator4 7,c7 ,minimum amount ,the ,administrator may establish a minimum amount of a covered grant in an amount that is not more than #aj1jjj4 7,d7 ,return to ,,sba ,any amount of a covered grant to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in #bjbj shall be returned to the ,administrator1 who may use those returned funds to make additional covered grants4 7#c7 ,insufficient funding 7,a7 ,in general ,if the ,administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs 7#a7 and 7#b71 the ,administrator shall-- 7i7 make covered grants with the available amounts-- 7,i7 such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage2 7,,ii7 by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs2 or 7,,iii7 by providing covered grants in the amounts provided under those paragraphs below a certain threshold 7as the ,administrator may establish7 and reducing covered grants above that threshold by an equal percentage2 and 7ii7 in a manner that complies with clause 7i71 make covered grants to each eligible entity that submits an application for a covered grant during the #ba-;day period beginning on the date on which the ,administrator begins accepting those applications4 7,b7 ,reserving funds ,nothing in subparagraph 7,a7 shall prevent the ,administrator from-- 7i7 reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration2 or 7ii7 making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established1 upon the completion of the reconsideration process4 7d7 ,use of funds ,during the covered period1 an eligible entity that receives a covered grant may use amounts received under the covered grant for the following expenses incurred as a direct result of1 or during1 the ,,covid-#ai pandemic3 7#a7 ,payroll costs4 7#b7 ,payments to independent contractors1 as reported on ,form #ajii-,,misc1 except that each payment under this paragraph shall be in an amount that is not more than #ajj1jjj4 7#c7 ,scheduled payments of interest or principal on any covered mortgage obligation 7which may not include any prepayment of principal on a covered mortgage obligation74 7#d7 ,payments on any covered rent obligation and common area maintenance charges under a lease agreement4 7#e7 ,covered utility payments4 7#f7 ,maintenance expenses4 7#g7 ,covered worker protection expenditures4 7#h7 ,supplies1 including protective equipment and cleaning materials4 7#i7 ,expenses that were within the scope of the normal business practice of the eligible entity before the covered period4 7#aj7 ,covered supplier costs4 7#aa7 ,operational expenses4 7#ab7 ,paid sick leave4 7#ac7 ,any other expenses that the ,administrator determines to be essential to maintaining the eligible entity4 7e7 ,returning funds ,if an eligible entity that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period1 the eligible entity shall return to the ,treasury any funds that the eligible entity did not use for the allowable expenses under subsection 7d74 ,e ,support for exclave community small businesses #bea4 ,definitions ,in this subtitle3 7#a7 ,affiliated business 7,a7 ,in general ,the term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than #ej percent1 or in which an eligible entity has the contractual authority to control the direction of the business1 provided that such affiliation shall be determined as of any arrangements or agreements in existence as of ,february #bi1 #bjbj4 7,b7 ,regulations ,for purposes of eligibility for covered grants-- 7i7 the provisions applicable to affiliations under section #aba4cja of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the ,administration2 and 7ii7 the exceptions to affiliation noted in section #aba4ajc7;b7 of title #ac1 ,code of ,federal ,regulations1 or any successor regulation1 shall apply to an affiliated business4 7#b7 ,covered grant ,the term covered grant means a grant under section #bec made to an eligible entity 7#c7 ,covered period ,the term covered period means the period-- 7,a7 beginning on ,march #a1 #bjbj2 and 7,b7 ending on ,march #ca1 #bjbc1 or a date to be determined by the ,administrator that is not later than #b years after the date of enactment of this ,act4 7#d7 ,exclave ,the term exclave means an area that is-- 7,a7 located in the ,united ,states2 7,b7 within #ge miles of the international border between the ,united ,states and ,canada2 and 7,c7 only accessible by land via ,canada4 7#e7 ,eligible entity ,the term eligible entity-- 7,a7 means a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb77 that-- 7i7 is located in an exclave2 and 7ii7 certifies1 and1 if requested by the ,administrator1 demonstrates1 that the closure of the international border between the ,united ,states and ,canada-- 7,i7 directly resulted in a reduction in the gross receipts of the eligible entity2 or 7,,ii7 restricted the ability of customers to access the location of the small business concern2 and 7,b7 does not include-- 7i7 an entity with pandemic-related revenue losses that are not greater than #be percent2 7ii7 an entity described in subparagraph 7,a7 that-- 7,i7 is a ,state or local government-operated business2 7,,ii7 as of ,march #a1 #bjbj1 owns or operates 7together with any affiliated business7 more than #aj locations1 regardless of whether those locations do business under the same or multiple names2 or 7,,iii7 has a pending application for or has received a grant under-- 7aa7 section #cbd of the ,economic ,aid to ,hard ,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7bb7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 7iii7 a publicly-traded company2 7iv7 an entity that is owned or operated by a private equity fund2 7v7 an entity that was not in operation before ,march #a1 #bjbj2 or 7vi7 an entity that is not in operation on1 and does not intend to reopen on or before the date that is #ahj days after1 the date on which the entity applies for a covered grant4 7#f7 ,fund ,the term ,fund means the ,exclave ,community ,small ,business ,relief ,fund established under section #beb7;a77#a74 7#g7 ,pandemic-related revenue loss 7,a7 ,in general ,subject to subparagraph 7,b71 the term pandemic-related revenue loss means1 with respect to an eligible entity-- 7i7 except as provided in clauses 7ii7 and 7iii71 the gross receipts1 as established using such verification documentation as the ,administrator may require1 of the eligible entity during #bjbj subtracted from the gross receipts of the eligible entity in #bjai1 if such amount is greater than zero1 except that the ,administrator may make adjustments to this formula as needed for seasonal businesses1 businesses affected by natural disasters1 and to address other circumstances identified by the ,administrator requiring accommodation2 7ii7 if the eligible entity was not in operation for the entirety of #bjai-- 7,i7 the difference1 if greater than zero1 between-- 7aa7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in #bjai by #ab2 and 7bb7 the product obtained by multiplying the average monthly gross receipts of the eligible entity in #bjbj by #ab2 or 7,,ii7 an amount based on a formula determined by the ,administrator2 and 7iii7 if the eligible entity opened during the period beginning on ,january #a1 #bjbj1 and ending on ,february #bi1 #bjbj1 an amount based on a formula determined by the ,administrator4 7,b7 ,reduction 7i7 ,in general ,the pandemic-related revenue losses for an eligible entity shall be reduced by-- 7,i7 any amounts received from a covered loan made under paragraph 7#cf7 or 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a77 in #bjbj or #bjba2 and 7,,ii7 the amount by which the total of all remunerative payments made to an individual1 including any annual salary paid to an employee1 in #bjbj exceeds #bej1jjj4 7ii7 ,administrator authority ,the ,administrator may determine the types of payments and individuals to which clause 7i77,,ii7 applies4 #beb4 ,exclave ,community ,small ,business ,relief ,fund 7a7 ,establishment 7#a7 ,in general ,there is established within the ,restaurant ,revitalization ,fund established under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c7 a fund to be known as the ,exclave ,community ,small ,business ,relief ,fund4 7#b7 ,use of funds ,subject to section #bff1 the ,administrator may use amounts in the ,fund only for the purposes described in this subtitle and not for any purpose described in section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c74 7b7 ,appropriations ,in addition to amounts otherwise available1 there is appropriated to the ,fund for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #he1jjj1jjj1 to remain available until expended1 of which #ge1jjj1jjj shall be available for eligible entities located in exclaves adjacent to the border between ,alaska and ,canada and #aj1jjj1jjj shall be available to exclaves adjacent to the border between the continental ,united ,states and ,canada4 #bec4 ,grants from ,fund 7a7 ,in general ,except as provided in subsection 7c77#c77;,b71 the ,administrator shall make covered grants to eligible entities in the order in which applications are received by the ,administrator4 7b7 ,applications 7#a7 ,certification ,an eligible entity applying for a covered grant shall make a good faith certification that-- 7,a7 the uncertainty of current economic conditions makes necessary the request for the covered grant to support the ongoing operations of the eligible entity2 7,b7 closure of the international border between the ,united ,states and ,canada-- 7i7 directly resulted in a reduction in the gross receipts of the eligible entity2 or 7ii7 restricted the ability of customers to access the location of the covered business2 7,c7 the eligible entity does not have a pending application for1 and has not received1 a grant under-- 7i7 section #cbd of the ,economic ,aid to ,hard-,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a72 or 7ii7 section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 and 7,d7 contains any other information that the ,administrator may require4 7#b7 ,verification materials ,subject to section #bea7g77;,a77i71 the ,administrator shall use tax records1 and may1 in addition1 use other reliable sources such as certified accounting statements1 with respect to an applicant for a covered grant to determine-- 7,a7 the eligibility of the applicant for that covered grant2 and 7,b7 the amount of that covered grant to the applicant4 7#c7 ,acceptance of applications ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall begin accepting applications for covered grants4 7c7 ,amount of grant 7#a7 ,aggregate maximum amount ,the aggregate amount of covered grants made to an eligible entity and any affiliated businesses of the eligible entity shall not exceed #c1jjj1jjj4 7#b7 ,determination of amount of grant 7,a7 ,in general ,except as provided in section #beb7;b7 and in this subsection1 the amount of a covered grant made to an eligible entity shall be equal to the difference between-- 7i7 the pandemic-related revenue loss of the eligible entity2 and 7ii7 7,i7 the amount equal to the product obtained by multiplying #c by the average monthly gross receipts of the eligible entity in #bjai2 or 7,,ii7 for an eligible entity that did not have gross receipts in #bjai1 because the eligible entity began operating between ,january #a1 #bjbj and ,february #bi1 #bjbj or due to other factors identified by the ,administrator1 an alternative amount based on a formula to be determined by the ,administrator4 7,b7 ,minimum amount ,the ,administrator may establish a minimum amount of a covered grant in an amount that is not more than #aj1jjj4 7,c7 ,return to ,,sba ,any amount of a covered grant to an eligible entity based on estimated receipts that is greater than the actual gross receipts of the eligible entity in #bjbj shall be returned to the ,administrator1 who may use those returned funds to make additional covered grants4 7#c7 ,insufficient funding 7,a7 ,in general ,if the ,administrator determines that the amounts made available to carry out this subtitle are insufficient to make covered grants to each eligible entity in the amount provided under paragraphs 7#a7 and 7#b7 and in accordance with the allocations under section #beb7;b71 the ,administrator shall-- 7i7 make covered grants with the available amounts-- 7,i7 such that the amount of the covered grant that each such eligible entity would have otherwise received under those paragraphs is reduced by an equal percentage2 7,,ii7 by establishing a maximum amount for a covered grant made under this clause to ensure that smaller eligible entities still receive covered grants in the amounts provided under those paragraphs2 or 7,,iii7 by providing covered grants in the amounts provided under those paragraphs below a certain threshold 7as the ,administrator may establish7 and reducing covered grants above that threshold by an equal percentage2 and 7ii7 in a manner that complies with clause 7i71 make covered grants to each eligible entity that submits an application for a covered grant during the #ba-;day period beginning on the date on which the ,administrator begins accepting those applications4 7,b7 ,reserving funds ,nothing in subparagraph 7,a7 shall prevent the ,administrator from-- 7i7 reserving funding for applicants that may be determined to be eligible for a covered grant upon reconsideration2 or 7ii7 making partial awards to eligible entities on a preliminary basis until the amount of funding required to fund covered grants to all eligible entities that submit applications is established1 upon the completion of the reconsideration process4 7d7 ,use of funds 7#a7 ,permitted uses ,during the covered period1 an eligible entity that receives a covered grant may use amounts received under the covered grant for the following expenses incurred as a direct result of1 or during1 the ,,covid-#ai pandemic3 7,a7 ,payroll costs4 7,b7 ,payments to independent contractors1 as reported on ,form #ajii-,,misc1 except that each payment under this subparagraph shall be in an amount that is not more than #ajj1jjj4 7,c7 ,scheduled payments of interest or principal on any covered mortgage obligation 7which may not include any prepayment of principal on a covered mortgage obligation74 7,d7 ,payments on any covered rent obligation and common area maintenance charges under a lease agreement4 7,e7 ,covered utility payments4 7,f7 ,maintenance expenses4 7,g7 ,covered worker protection expenditures4 7,h7 ,supplies1 including protective equipment and cleaning materials4 7,i7 ,expenses that were within the scope of the normal business practice of the eligible entity before the covered period4 7,j7 ,covered supplier costs4 7,k7 ,operational expenses4 7,l7 ,paid sick leave4 7,m7 ,any other expenses that the ,administrator determines to be essential to maintaining the eligible entity4 7#b7 ,prohibited uses ,an eligible entity may not use amounts received under a covered grant for expenses incurred by the eligible entity outside the exclave1 including those expenses incurred by related or affiliated businesses located outside the exclave4 7e7 ,returning funds ,if an eligible entity that receives a covered grant fails to use all of the amounts received under the covered grant on or before the last day of the covered period or permanently ceases operations on or before the last day of the covered period1 the eligible entity shall return to the ,treasury any funds that the eligible entity did not use for the allowable expenses under subsection 7d74 ,f ,administration and implementation of support programs #bfa ,definition ,in this subtitle1 the term covered program means a program for which grants are authorized under this title4 #bfb4 ,data transparency and customer service ,the ,administrator shall-- 7#a7 in carrying out each covered program1 maintain regular communication during the period during which the covered program is in effect with applicants and their representatives1 including by-- 7,a7 hosting regularly scheduled information sessions with applicants and their representatives2 and 7,b7 providing opportunities to applicants and their representatives to submit and receive answers to questions regarding covered programs2 7#b7 for each covered program1 on a bi-weekly basis until the amounts made available under this title for the covered program are fully expended1 publish data that shows1 for the period beginning on the date of enactment of this ,act and ending on the date on which the information is published-- 7,a7 with respect to applications for grants under each covered program1 the number of those applications-- 7i7 that the ,administrator has received2 7ii7 that the ,administrator has reviewed or is in the process of reviewing2 and 7iii7 with respect to which the ,administrator has made a decision2 and 7,b7 the number and dollar amount of grants under each covered program-- 7i7 that are awarded2 and 7ii7 that are disbursed2 7#c7 for each covered program1 on a weekly basis until the amounts made available under this title to carry out the covered program are fully expended1 publish1 with respect to the period beginning on the date of enactment of this ,act and ending on the date on which the information is published-- 7,a7 with respect to each entity to which a grant has been made under the covered program-- 7i7 the name of the entity1 including the name under which the entity does business if that name is different from the name of the entity2 7ii7 the address of the entity2 and 7iii7 if the physical location for the eligible business listed on the application is different from the address of the entity1 the address of such physical location2 and 7,b7 the amount of each grant described in subparagraph 7,a72 and 7#d7 with respect to an applicant that applies for a grant under a covered program and is denied by the ,administrator-- 7,a7 make available to the applicant a brief explanation identifying the reason why the ,administrator denied the application of the applicant1 which shall include1 where applicable1 a citation to the statutory1 regulatory1 or guidance provision with which the applicant failed to comply and that was the basis for the denial2 and 7,b7 establish a reconsideration process through which the applicant may-- 7i7 submit to the ,administrator additional clarifying information the applicant determines to be relevant to whether the applicant is eligible for the grant2 7ii7 challenge the decision of the ,administrator2 and 7iii7 receive a second review of the application submitted by the applicant4 #bfc4 ,business identifiers ,in accepting applications for grants under a covered program1 the ,administrator shall prioritize the ability of each applicant to use the existing business identifier of the applicant over requiring other forms of registration or identification that may not be common to the industry of the applicant1 which may impose additional burdens on the applicant4 #bfd4 ,applications 7a7 ,expedited processing and approval authority 7#a7 ,in general ,the ,director of the ,office of ,management and ,budget may1 on an emergency basis1 and in order to expedite the processing and approval of applications for grants under a covered program1 waive the requirements of part #bjj of title #b1 ,code of ,federal ,regulations1 or any successor regulations1 with respect to the covered program if-- 7,a7 the ,director finds that such a waiver will prevent entities eligible for grants under the covered program from failing or suffering undue hardship2 and 7,b7 each entity that receives a grant under the covered program is still required to report to the ,administrator on the use by the entity of the amounts received under the grant4 7#b7 ,continuity ,to the extent practicable1 the ,director of the ,office of ,management and ,budget shall prioritize administrative continuity for covered programs with the ,restaurant ,revitalization ,fund authorized in section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c74 7b7 ,limitation on denial based on denial for other ,,sba programs ,the ,administrator may not deny an application by an entity for a grant under a covered program solely on the basis that an application by the entity for another program of the ,small ,business ,administration1 including the program under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c71 was denied4 #bfe4 ,prohibition on participation in multiple programs 7a7 ,in general ,an entity may not receive a grant under more than #a covered program or receive a grant under a covered program and a grant under title ,,iv4 7b7 ,withdrawal of pending applications 7#a7 ,definition ,in this subsection1 the term covered application means an application for a grant under-- 7,a7 a covered program2 7,b7 the program under section #ejjc of the ,american ,rescue ,plan ,act of #bjba 7#ae ,u4,s4,c4 #ijji;c72 or 7,c7 the program under section #cbd of the ,economic ,aid to ,hard ,hit ,small ,businesses1 ,nonprofits1 and ,venues ,act 7#ae ,u4,s4,c4 #ijji;a74 7#b7 ,withdrawal ,an entity that has a pending covered application may submit a covered application with respect to another program if1 at or before the time that the entity submits the covered application with respect to another program1 the entity withdraws the pending covered application4 #bff4 ,transfer of funds 7a7 ,authority 7#a7 ,in general ,subject to paragraph 7#b71 on and after the date that is #cj days after the date on which the ,administrator begins accepting applications under a covered program1 the ,administrator may transfer amounts made available under this title for that covered program to the fund established under this title for another covered program4 7#b7 ,limitation ,the ,administrator may not transfer amounts made available under this title for a covered program if the ,administrator determines that the amounts made available to carry out that covered program are insufficient to make grants to each eligible entity in the amount specified with respect to that covered program4 7b7 ,use of transferred funds ,any amounts transferred under subsection 7a7 shall be merged with1 and available for the same purposes as1 other amounts in the fund to which the amounts are transferred4 #bfg4 ,oversight and audits 7a7 ,in general ,the ,administrator shall institute an oversight and audit plan with respect to entities receiving grants under a covered program1 which shall include-- 7#a7 documentation requirements that are consistent with the eligibility and other requirements under the applicable covered program1 including by requiring an entity that receives a grant under the covered program to retain records that demonstrate compliance with those requirements2 and 7#b7 reviews of the use by entities of grants made under the applicable covered program to ensure compliance with the requirements under that covered program1 which shall include-- 7,a7 the review and audit1 by the ,administrator1 of grants made under that covered program2 and 7,b7 in the case of fraud or other material noncompliance with respect to a grant made under that covered program-- 7i7 a requirement that the applicable entity repay to the ,administrator the amount of the misspent funds2 or 7ii7 the pursuit1 by the ,administrator1 of legal action to collect the misspent funds4 7b7 ,submission of plan ,not later than #de days after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives the plan required under subsection 7a71 which shall describe-- 7#a7 the policies and procedures of the ,administrator for conducting oversight and audits of grants made under the covered programs2 and 7#b7 the metrics that the ,administrator will use to determine which grants made under a covered program will be audited under that plan4 7c7 ,reports ,not later than #fj days after the date of enactment of this ,act1 once every #cj days thereafter until the date that is #ahj days after the date on which all amounts made available to carry out covered programs have been fully expended1 and upon request thereafter1 the ,administrator shall submit to the ,committee on ,small ,business and ,entrepreneurship of the ,senate and the ,committee on ,small ,business of the ,house of ,representatives a report on the oversight and audit activities of the ,administrator under this section1 which shall include-- 7#a7 the total number of grants approved and disbursed under each covered program2 7#b7 the total amount of each grant under each covered program received by each entity that received such a payment2 7#c7 the number of active investigations and audits of grants made under each covered program2 7#d7 the number of completed reviews and audits of grants made under each covered program1 including a description of-- 7,a7 any findings of fraud or other material noncompliance with the requirements of the applicable covered program2 7,b7 questionable costs identified by the ,administrator2 and 7,c7 the total amount recouped from ineligible recipients2 and 7#e7 a description of any substantial changes made to the plan required under subsection 7a74 #bfh4 ,administrative funding ,in addition to amounts otherwise available1 there is appropriated to the ,administrator for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 to remain available until expended1 #aej1jjj1jjj for administrative expenses to carry out the covered programs1 of which1 #bj1jjj1jjj shall be for the ,inspector ,general of the ,small ,business ,administration for necessary expenses of the ,office of ,inspector ,general4 #bfi4 ,gross receipts ,for each covered program1 the ,administrator may authorize applicants for grants under the covered program to measure annual gross receipts using either the calendar year or fiscal year4 #bgj4 ,rules ,not later than #fj days after the date of enactment of this ,act1 the ,administrator shall issue rules to carry out each covered program1 without regard to the notice requirements under section #eec7;b7 of title #e1 ,united ,states ,code4 ,,iii ,other ,,sba program improvements #cja4 ,shuttered venue operators 7a7 ,in general ,section #cbd7;d7 of title ,,iii of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#ae ,u4,s4,c4 #ijji;a7d77 is amended by striking paragraph 7#a7 and inserting the following3 7#a7 ,timing 7,a7 ,expenses incurred ,amounts received under a grant under this section may be used for costs incurred during the period beginning on ,march #a1 #bjbj1 and ending on ,march #aa1 #bjbc4 7,b7 ,expenditure ,an eligible person or entity shall return to the ,administrator any amounts received under a grant under this section that are not expended on or before ,april #ae1 #bjbc1 with respect to costs incurred during the period described in subparagraph 7,a74 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply to grants made under section #cbd of title ,,iii of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#ae ,u4,s4,c4 #ijji;a7 before1 on1 or after the date of enactment of this ,act4 #cjb4 ,treatment of paycheck protection program loan forgiveness of payroll costs under highway and public transportation project cost reimbursement contracts 7a7 ,in general ,notwithstanding section #ca4bja-e of title #dh1 ,code of ,federal ,regulations 7or successor regulations71 for the purposes of any cost-reimbursement contract awarded in accordance with section #aab of title #bc1 ,united ,states ,code1 or section #ecbe of title #di1 ,united ,states ,code1 or any subcontract under such a contract1 no cost reduction or cash refund 7including through a reduced indirect cost rate7 shall be due to the ,department of ,transportation or to a ,state transportation department1 transit agency1 or other recipient of assistance under chapter #a of title #bc1 ,united ,states ,code1 or chapter #ec of title #di1 ,united ,states ,code1 on the basis of forgiveness of the payroll costs of a covered loan 7as those terms are defined in section #g;,a7a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcfm7a777 issued under the paycheck protection program under section #g7;a77#cf7 of that ,act 7#ae ,u4,s4,c4 #fcf7;a77#cf774 7b7 ,rule of construction ,nothing in this section shall be construed to amend or exempt the prohibitions and liability under section #cgbi of title #ca1 ,united ,states ,code1 7relating to false claims74 7c7 ,termination ,this section shall cease to have force or effect on ,june #cj1 #bjbe4 ,,iv ,transportation services #dja4 ,additional assistance for eligible providers of transportation services affected by ,,covid-#ai 7a7 ,definitions ,in this section3 7#a7 ,,certs ,act ,the term ,,certs ,act means subtitle ,b of title ,,iv of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7#b7 ,provider of transportation services ,the term provider of transportation services has the meaning given the term in section #dba7;a7 of the ,,certs ,act4 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7b7 ,appropriation ,in addition to amounts otherwise made available1 there is appropriated for fiscal year #bjbb1 out of any money in the ,treasury not otherwise appropriated1 #b1jjj1jjj1jjj1 to remain available until expended1 to provide additional funding for grants under the ,,certs ,act4 7c7 ,payments 7#a7 ,eligible entities ,the ,secretary shall provide the funds made available by subsection 7b7 to providers of transportation services that-- 7,a7 as of the date of enactment of this ,act-- 7i7 have been determined to be eligible under the ,,certs ,act2 and 7ii7 are in compliance with the applicable terms and conditions of the ,,certs ,act2 or 7,b7 on or after the date of enactment of this ,act1 are determined to be eligible under the terms and conditions described in subparagraph 7,a77ii74 7#b7 ,calculation ,a payment provided under this subsection shall be calculated using the same methodology as is used for the distribution of funds under the ,,certs ,act4 7#c7 ,return of unused amounts ,a provider of transportation services shall return to the ,secretary any funds provided under this subsection that are not used by the provider of transportation services by the date that is #a year after the date of receipt of the funds4 7d7 ,administration 7#a7 ,in general ,the ,secretary shall have the authorities provided by the ,,certs ,act with respect to the funds made available by subsection 7b74 7#b7 ,administrative expenses ,of the funds made available by subsection 7b71 not more than #ej1jjj1jjj may be used by the ,secretary for the costs of administering this section and the ,,certs ,act4 ,v ,offsets #eja4 ,offsetting rescissions 7a7 ,in general ,of the unobligated balances from amounts made available under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act in section #cbc7;d77#a77;,a7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #bjai7 for the cost of guaranteed loans as authorized under paragraphs 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 #b1ihb1jjj1jjj are hereby permanently rescinded4 7b7 ,,cares ,act ,of the unexpended balances remaining from amounts made available under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act in section #aajg7;a77#a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#ae ,u4,s4,c4 #ijjf7;a77#a77 #a1ijd1jjj1jjj shall be returned to the ,treasury4 ,,vi ,budgetary effects #fja4 ,emergency designation 7a7 ,in general ,the amounts provided under the this ,act and the amendments made by this ,act are designated as an emergency requirement pursuant to section #d7;g7 of the ,statutory ,pay-,as-,you-,go ,act of #bjaj 7#b ,u4,s4,c4 #icc7;g774 7b7 ,house and ,senate ,this ,act and the amendments made by this ,act are designated as an emergency requirement pursuant to subsections 7a7 and 7b7 of section #djja of ,s4 ,con4 ,res4 #ad 7#aagth ,congress71 the concurrent resolution on the budget for fiscal year #bjbb4 ,april #f1 #bjbb,read the second time and placed on the calendar