,,ii  #aagth ,,congress  #b;d ,session  
,s4 #dbhb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #ai       
7legislative day1 ,may #ag71 #bjbb,mr4  
,portman introduced the following bill2 
which was read twice and referred to the
 ,committee on ,small ,business and     
,entrepreneurship  ,a ,,bill  ,to       
provide ,,covid relief for restaurants1 
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,restaurant ,relief ,act4  #b4 ,table of
 contents ,the table of contents for    
this ,act is as follows3 ,sec4 #a4      
,short title4,sec4 #b4 ,table of        
contents4,,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--,extension of   
suspension of rebate rule,sec4 #bja4    

,extension of moratorium on             
implementation of rule relating to      
eliminating the anti-kickback statute   
safe harbor protection for prescription 
drug rebates4,,title ,,iii--,budgetary  
effects,sec4 #cja4 ,emergency           
designation4  ,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 of the ,small    

,business ,administration 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 
,extension of suspension of rebate rule 
#bja4 ,extension of moratorium on       
implementation of rule relating to      
eliminating the anti-kickback statute   
safe harbor protection for prescription 
drug rebates ,section #ijjjf of division
 ,i of the ,infrastructure ,investment  
and ,jobs ,act 7#db ,u4,s4,c4           
#acbj;a-#g;b note7 is amended by        
striking ,january #a1 #bjbf and         
inserting ,january #a1 #bjbh4  ,,iii    
,budgetary effects  #cja4 ,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