SIL20590 S.L.C. 116TH CONGRESS 2D SESSION S. ll To permit the Secretary of the Treasury to provide direct funding to certain entities. IN THE SENATE OF THE UNITED STATES Ms. HARRIS llllllllll introduced the following bill; which was read twice and referred to the Committee on llllllllll A BILL To permit the Secretary of the Treasury to provide direct funding to certain entities. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 3 4 SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Saving Our Street 5 Act’’. 6 SEC. 2. GRANTS TO SMALL BUSINESSES. 7 (a) DEFINITION.—In this section: 8 9 10 (1) COVERED PERIOD.—The term ‘‘covered pe- riod’’ means the period beginning on February 15, 2020 and ending on December 31, 2020. R85 2V N8P SIL20590 S.L.C. 2 1 2 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti- ty’’— 3 (A) means an entity that— 4 (i) is— 5 (I) a community small business, 6 including 7 independent contractor, or sole propri- 8 etor, or a community nonprofit with 9 less than— 10 a self-employed worker, (aa) $1,000,000 in gross 11 revenue; 12 (bb) $500,000 in gross re- 13 ceipts for nonprofits; or 14 (cc) 10 employees; or 15 (II) a small business with— 16 (aa) less than 20 employees 17 in a low-income community; and 18 (bb) not less than 50 per- 19 cent of employees who live in a 20 low-income community; and 21 (ii) has suffered a drop in revenue of 22 over 20 percent of gross revenue since 23 February 15, 2020; and R85 2V N8P SIL20590 S.L.C. 3 1 (B) does not include entities that are pub- 2 licly traded companies, private equity firms, or 3 hedge funds. 4 (3) EMPLOYEE.—The term ‘‘employee’’ in- 5 cludes— 6 7 (A) individuals employed on a full-time, part-time, or other basis; 8 (B) independent contractors; 9 (C) any individual in a jurisdiction subject 10 to a stay-at-home order, even if the employee 11 has not physically returned to work. 12 (4) LOW-INCOME COMMUNITY.—The term ‘‘low- 13 income community’’ means a census tract (or equiv- 14 alent geographic area defined by the United States 15 Census Bureau) in which at least 50 percent of 16 households have an income less than 60 percent of 17 the area median gross income, as determined by the 18 Secretary of Housing and Urban Development. 19 20 (5) PAYROLL term ‘‘payroll costs’’ means— 21 22 COSTS.—The (A) the sum of payments of any compensation that is a— 23 (i) salary, wage, commission, or simi- 24 lar compensation; 25 (ii) payment of cash tip or equivalent; R85 2V N8P SIL20590 S.L.C. 4 1 (iii) payment for vacation, parental, 2 family, medical, or sick leave; 3 (iv) allowance for dismissal or separa- 4 tion; 5 (v) payment required for the provi- 6 sions of group health care benefits, includ- 7 ing insurance premiums; 8 (vi) payment of any retirement ben- 9 efit; or 10 (vii) payment of State or local tax as- 11 sessed on the compensation of employees 12 or owners; 13 (B) the sum of payments of any compensa- 14 tion to or income of a sole proprietor or inde- 15 pendent contractor— 16 (i) that is a wage, commission, in- 17 come, net earnings from self-employment, 18 or similar compensation; and 19 (ii) in an amount that is not more 20 than $100,000 in 1 year, as prorated for 21 the covered period; 22 (C) the compensation of an individual em- 23 ployee in excess of an annual salary of 24 $100,000, as prorated for the covered period; R85 2V N8P SIL20590 S.L.C. 5 1 (D) qualified sick leave wages for which a 2 credit is allowed under section 7001 of the 3 Families First Coronavirus Response Act (Pub- 4 lic Law 116– 127); or 5 (E) qualified family leave wages for which 6 a credit is allowed under section 7003 of the 7 Families First Coronavirus Response Act (Pub- 8 lic Law 116–127). 9 (6) SOCIALLY AND ECONOMICALLY DISADVAN- 10 TAGED INDIVIDUALS.—The 11 nomically disadvantaged individuals’’ means individ- 12 uals described in paragraphs (5) and (6) of section 13 8(a) of the Small Business Act (15 U.S.C. 637(a)). 14 (7) VETERANS term ‘‘socially and eco- ORGANIZATION.—The term ‘‘vet- 15 erans organization’’ means an organization that is 16 described in section 501(c)(19) of the Internal Rev- 17 enue Code that is exempt from taxation under sec- 18 tion 501(a) of such Code. 19 (b) GRANTS.— 20 (1) IN GENERAL.—The Secretary of the Treas- 21 ury shall create the Microbusiness Assistance Fund 22 which may provide a grant to an eligible entity in an 23 amount not greater than $250,000 to be used only 24 for— R85 2V N8P SIL20590 S.L.C. 6 1 (A) rehiring or hiring employees of the en- 2 tity who were furloughed or laid off after Feb- 3 ruary 15, 2020; 4 (B) payment of, on or after the date de- 5 scribed in subparagraph (A), payroll, salaries, 6 commissions, or similar compensations, payroll 7 taxes, employer compensation, rent (including 8 under a lease agreement) or mortgage, includ- 9 ing payments of interest on any mortgage obli- 10 gation (not including prepayment of or payment 11 of principal on a mortgage obligation), utilities, 12 or insurance; 13 (C) providing healthcare and benefits to 14 employees at the same or similar levels as the 15 entity provided on the date described in sub- 16 paragraph (A), including continuation of group 17 healthcare benefits during periods of paid sick, 18 medical, or family leave, and insurance pre- 19 miums; and 20 (D) debt obligations that were incurred be- 21 fore the covered period. 22 (2) ELIGIBILITY.—No person shall be denied a 23 grant under this subsection on the basis of— 24 25 (A) any criminal history or involvement with the criminal legal system; or R85 2V N8P SIL20590 S.L.C. 7 1 (B) using an individual taxpayer identifica- 2 tion number issued pursuant to section 6109(i) 3 of the Internal Revenue Code of 1986. 4 (3) PRIORITY.— 5 (A) IN GENERAL.—The Secretary shall 6 give priority to people of color, veterans, 7 women-owned community businesses, and so- 8 cially and economically disadvantaged individ- 9 uals as it pertains to historically underrep- 10 resented businesses. 11 (B) HISTORICALLY UNDERREPRESENTED 12 BUSINESSES.—Of 13 under this section, 75 percent shall be provided 14 to businesses or nonprofits owned and con- 15 trolled by 1 or more socially and economically 16 disadvantaged individuals. 17 (4) OTHER the amounts made available ASSISTANCE.—An entity that re- 18 ceives a grant under this subsection shall be eligible 19 to receive assistance under other Federal programs, 20 including the paycheck protection program estab- 21 lished under section 7(a)(36) of the Small Business 22 Act (15 U.S.C. 636(a)(36)) or an economic injury 23 disaster loan made under section 7(b)(2) of the 24 Small Business Act (15 U.S.C. 636(b)(2)) if the R85 2V N8P SIL20590 S.L.C. 8 1 funds are used for a purpose other than a purpose 2 described in paragraph (1). 3 (5) SENSE OF CONGRESS.—It is the sense of 4 Congress that eligible entities should rehire employ- 5 ees described in paragraph (1)(A) after the date on 6 which the national emergency under the National 7 Emergencies Act (50 U.S.C. 1601 et seq.) with re- 8 spect to the coronavirus disease 2019 (COVID–19) 9 terminates. 10 (c) AMOUNTS.— 11 (1) IN 12 the amounts made avail- able under this Act— 13 14 GENERAL.—Of (A) $124,500,000,000 shall be used for grants made under subsection (b); 15 (B) $400,000,000 shall be used to provide 16 financial education training classes and for help 17 applying for the grants and financial recovery 18 for eligible entities, of which— 19 (i) $50,000,000 shall be used to pro- 20 vide small businesses and women develop- 21 ment centers with technical assistance and 22 online 23 which— 24 training and information, of (I) $25,000,000 shall be made 25 available for small businesses; and R85 2V N8P SIL20590 S.L.C. 9 1 (II) $25,000,000 shall be made 2 available for women development cen- 3 ters; 4 (ii) $50,000,000 shall be used to pro- 5 vide minority business centers with tech- 6 nical assistance and online training and in- 7 formation; and 8 (iii) $300,000,000 shall be used to 9 provide nonprofit and community organiza- 10 tions with assistance to small business 11 owners; and 12 (C) $100,000,000 shall be made available 13 for the Department of the Treasury and the In- 14 ternal Revenue Service to carry out this Act. 15 (2) AVAILABILITY.—Funds made available 16 under this Act shall be available until December 20, 17 2020. 18 (d) NEED.—An eligible entity shall attest in an appli- 19 cation for a grant under this section that the eligible enti20 ty— 21 (1) was in business as of Feb 15, 2020; 22 (2) has suffered a drop in sales of 20 percent 23 or more; 24 (3) meets the criteria as an eligible entity; and 25 (4) will use the grants for authorized expenses. R85 2V N8P SIL20590 S.L.C. 10 1 (e) DOCUMENTATION.—An eligible self-employed in- 2 dividual, independent contractor, or sole proprietorship 3 applying for a grant under this section shall submit such 4 documentation as is necessary to establish such individual 5 as eligible, including payroll tax filings reported to the In6 ternal Revenue Service, Forms 1099–MISC, and income 7 and expenses from the sole proprietorship, as determined 8 by the Administrator of the Small Business Administra9 tion and the Secretary of the Treasury. An applicant may 10 submit to the Secretary of the Treasury a self-certification 11 for employee labor expenses and payroll. 12 (f) MATERIALS.—Any application or informational 13 material related to the grant program provided by Depart14 ment of the Treasury or the Internal Revenue Service 15 shall be made available in the 10 most used languages in 16 the United States after English. 17 (g) RECEIPT OF FUNDS.—Any eligible entity shall re- 18 ceive a grant made under subsection (b) not later than 19 14 days after the date on which the entity submitted an 20 application for the grant. 21 (h) REPORTING.—The Secretary of the Treasury 22 shall submit to the Committee on Banking, Housing, and 23 Urban Affairs and the Committee on Small Business and 24 Entrepreneurship of the Senate and the Committee on Fi25 nancial Service, the Committee on Small Business, and R85 2V N8P SIL20590 S.L.C. 11 1 the Committee on Oversight and Reform of the House of 2 Representatives a report on the information about the eth3 nicity, race, industry, geographical demographics, and sex 4 of applicants for grants made under this section. 5 6 SEC. 3. DIRECT APPROPRIATION. (a) IN GENERAL.—There is appropriated, out of 7 amounts in the Treasury not otherwise appropriated, to 8 the Secretary of the Treasury $125,000,000,000 to carry 9 out this Act. 10 11 (b) EMERGENCY DESIGNATION.— (1) IN GENERAL.—The amounts provided under 12 this Act are designated as an emergency require- 13 ment pursuant to section 4(g) of the Statutory Pay- 14 As-You-Go Act of 2010 (2 U.S.C. 933(g)). 15 (2) DESIGNATION IN SENATE.—In the Senate, 16 this Act is designated as an emergency requirement 17 pursuant to section 4112(a) of H. Con. Res. 71 18 (115th Congress), the concurrent resolution on the 19 budget for fiscal year 2018. R85 2V N8P