15 U.S.C. § 9009c — Support for restaurants

(a) Definitions. (1) "Administrator" means the Small Business Administration^* Administrator. (2) "Affiliated business" means a business in which an eligible entity has at least a 50-percent equity interest or right to profit distributions, or contractual power to control its direction; affiliation is measured using arrangements existing March 13, 2020. (3) "Covered period" begins February 15, 2020, and ends December 31, 2021, or an Administrator-set date no later than two years after March 11, 2021. (4) "Eligible entity" means a restaurant, food stand, food truck, food cart, caterer, saloon, inn, tavern, bar, lounge, brewpub, tasting room, taproom, licensed beverage-alcohol producer facility where the public may taste, sample, or buy products, or similar place where the public or patrons mainly gather to be served food or drink. This includes such an entity in an airport terminal or a Tribally-owned concern. It excludes a State- or local-government-operated business; an entity that on March 13, 2020, with affiliates, owned or operated more than 20 locations under one or multiple names; an entity with a pending or received section 9009a grant; and a publicly traded company. (5) "Exchange", "issuer", and "security" have the meanings in section 78c(a). (6) "Fund" means the fund established under subsection (b). (7) "Pandemic-related revenue loss" is normally 2020 gross receipts minus 2019 gross receipts, if positive. If the entity did not operate all of 2019, it is either 2019 average monthly receipts times 12 minus 2020 average monthly receipts times 12, or an Administrator formula. If it opened between January 1, 2020, and March 10, 2021, it is either covered-period expenses under subsection (c)(5)(A) minus gross receipts, or an Administrator formula. If it had not opened by its application date but had incurred those expenses by March 11, 2021, it is those expenses or an Administrator formula. These losses are reduced by amounts received in 2020 or 2021 under section 636(a)(36) or (37). (8) "Payroll costs" has the meaning in section 636(a)(36)(A), excluding qualified wages counted for the CARES Act section 2301 credit and premiums counted for the title 26 section 6432 credit. (9) "Publicly-traded company" means an entity majority-owned or controlled by an issuer whose securities are listed on a national exchange under section 78f. (10) "Tribally-owned concern" has the meaning in 13 C.F.R. §124.3 or a successor rule.
(b) Restaurant Revitalization Fund. (1) The Treasury must establish this fund. (2)(A) For fiscal year 2021, $28,600,000,000 is appropriated from otherwise unappropriated Treasury money and remains available until spent. (B) Of that amount, $5,000,000,000 is for eligible entities with 2019 gross receipts of no more than $500,000, and $23,600,000,000 is for the Administrator to award grants equitably among entities of different sizes based on annual gross receipts. The Administrator may adjust that distribution for demand and local market costs. (C) Beginning 60 days after March 11, 2021, or another Administrator-set period, grants may be made to any eligible entity regardless of receipts. (3) The Administrator must use the Fund for subsection (c) grants.
(c) Restaurant revitalization grants. (1) Except as subsection (b) and paragraph (3) provide, grants are awarded in application order. (2)(A) An applicant must certify in good faith that current economic uncertainty makes the grant necessary for ongoing operations and that it has not applied for or received a section 9009a grant. (B) The Administrator must prioritize use of existing business identifiers over unfamiliar registration or identification and extra burdens. (3)(A) During the first 21 days, priority goes to women-owned-and-controlled small business concerns, veteran-owned-and-controlled small business concerns, and socially and economically disadvantaged small business concerns. The Administrator may ensure they can access funding afterward. (B) The applicant must self-certify priority eligibility. (4)(A) Grants to an entity and affiliates may not exceed $10,000,000 total or $5,000,000 per physical location. (B) The grant generally equals pandemic-related revenue loss. An amount based on estimated receipts that exceeds actual 2020 receipts must be returned to Treasury. (5) During the covered period, the grant may pay COVID-19-related expenses: (A) payroll; (B) mortgage principal or interest, but not prepaid principal; (C) rent, but not prepaid rent; (D) utilities; (E) maintenance, including outdoor-seating construction and walls, floors, decks, furniture, fixtures, and equipment; (F) supplies, including protective equipment and cleaning materials; (G) normal pre-period food and beverage expenses; (H) covered supplier costs under section 636m(a); (I) operating expenses; (J) paid sick leave; and (K) other expenses the Administrator finds essential to maintaining the entity. (6) An entity that does not use all grant money or permanently stops operating on or before the covered period's last day must return money not used for paragraph (5) expenses.