S.Amdt. 2412

SA 2412. Mrs. BLACKBURN (for herself and Mr. Hagerty) submitted an
amendment intended to be proposed to amendment SA 2137 proposed by Mr.
Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr.
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr.
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for
Federal-aid highways, highway safety programs, and transit programs,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in division I, insert the
following:

SEC. 90___. ADDING SERVICE AND SUPPORT COMPANIES TO THE
SHUTTERED VENUE OPERATORS GRANT PROGRAM.

(a) In General.--Section 324 of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues Act (title III
of division N of Public Law 116-260) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in subparagraph (A)--

(I) in the matter preceding clause (i), by inserting ``a
service and support company,'' after ``theatre operator,'';
(II) in clause (i)--

(aa) in the matter preceding subclause (I), by inserting
``the service and support company,'' after ``theatre
operator,''; and
(bb) in subclause (I), by inserting ``a service and support
company,'' after ``theatre operator,'';

(III) in clause (ii)--

(aa) in subclause (III), by striking ``and'' at the end;
(bb) in subclause (IV), by adding ``and'' at the end; and
(cc) by adding at the end the following:

``(V) the service and support company is or intends to
resume the services and activities described in paragraph
(11);''; and
(IV) in clause (vi), by inserting ``the service and support
company,'' after ``theatre operator,'' each place that term
appears; and

(ii) in subparagraph (B), by inserting ``service and
support company,'' after ``theatre operator,'' each place
that term appears; and
(B) by adding at the end the following:
``(11) Service and support company.--The term `service and
support company'--
``(A) means an individual or entity--
``(i) that is assigned a North American Industry
Classification System code of 532490, 541410, 541420, 541430,
541490, 561920, 711190, or 711320, as appears on the most
recent income tax filing or on the application for a loan
under paragraph (36) or (37) of section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) of the individual or entity,
if applicable; and
``(ii) that--

``(I)(aa) as a principal business activity, provide stages,
lighting, sound, casts, or other support for live performing
arts events; and
``(bb) for which not less than 70 percent of the earned
revenue generated through providing the support described in
item (aa) is for live performing arts events organized,
promoted, produced, managed, or hosted by an eligible person
or entity described in paragraph (1)(A)(iii); or
``(II)(aa) showcases performers or pre-packaged productions
to potential buyers; and
``(bb) for which not less than 70 percent of the earned
revenue generated through showcasing performers or pre-
packaged productions described in item (aa) is for live
performing arts events--

``(AA) organized, promoted, produced, managed, or hosted by
an eligible person or entity described in paragraph
(1)(A)(iii); or
``(BB) hosted in a hotel or convention center facility;
``(B) includes an individual or entity described in
subparagraph (A) that--
``(i) operates for profit;
``(ii) is a nonprofit organization;
``(iii) is government-owned; or
``(iv) is a corporation, limited liability company, or
partnership or operated as a sole proprietorship; and
``(C) does not include--
``(i) an individual or entity described in subparagraph (A)
that--

``(I) employs more than 250 full-time employees; or
``(II) is registered or operates outside of the United
States; or

``(ii) an entity that is majority owned or controlled by an
entity that is an issuer, the securities of which are listed
on a national securities exchange under section 6 of the
Securities Exchange Act of 1934 (15 U.S.C. 78f).''; and
(2) in subsection (b)(2)(B), by adding at the end the
following:
``(iii) Priority for awards to service and support
companies.--

``(I) First priority in awarding grants.--During the
initial 14-day period during which service and support
companies are eligible to receive a grant under this
paragraph, in making awards to those companies, the
Administrator shall only award grants to those companies with
revenue during the period beginning on April 1, 2020 and
ending on December 31, 2020, that is not more than 10 percent
of the revenue of the company during the period beginning on
April 1, 2019 and ending on December 31, 2019, due to the
COVID-19 pandemic.
``(II) Second priority in awarding grants.--During the 14-
day period immediately following the14-day period described
in clause (i), in making awards to service and support
companies under this paragraph, the Administrator shall only
award grants to those companies with revenue, during the
period beginning on April 1, 2020 and ending on December 31,
2020, that is not more than 30 percent of the revenue of the
company during the period beginning on April 1, 2019 and
ending on December 31, 2019, due to the COVID-19 pandemic.''.

(b) Transfer of Amounts From Coronavirus State and Local
Fiscal Recovery Funds to Shuttered Venue Operators Program.--
(1) Rescission.--Of the unobligated balances of amounts
appropriated under sections 602(a)(1) and 603(a) of the
Social Security Act (as added by section 9901 of the American
Rescue Plan Act of 2021 (Public Law 117-2)) on the date of
enactment of this Act, $4,000,000,000 is rescinded, provided
that amounts shall be rescinded from the unobligated balance
of amounts appropriated under such section 602(a)(1) first,
and amounts shall then be rescinded from the unobligated
balance of amounts appropriated under such

[[Page S5770]]

section 603(a) only if the unobligated balance of amounts
appropriated under such section 602(a)(1) is less than
$4,000,000,000.
(2) APPROPRIATION.--There is appropriated for an additional
amount, out of amounts in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2021,
an amount equal to the amount rescinded under paragraph (1),
to remain available until December 31, 2021, under the
heading ``Small Business Administration--Shuttered Venue
Operators'', to make grants to service and support companies
under section 324 of the Economic Aid to Hard Hit Small
Businesses, Nonprofits, and Venues Act (title III of division
N of Public Law 116-260), as amended by subsection (a).
(c) Processing Previously Denied Applications.--If a
service and support company, as defined in paragraph (11) of
section 324(a) of the Economic Aid to Hard-Hit Small
Businesses, Nonprofits, and Venues Act (title III of division
N of Public Law 116-260), as added by subsection (a), was
denied a grant under such section before the date of
enactment of this Act due to lack of eligibility but, as a
result of the amendments made by subsection (a), is eligible
for a grant under such section, the Administrator of the
Small Business Administration shall reconsider and process
the application of the service and support company.
(d) Regulations.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Small
Business Administration shall issue regulations to carry out
this Act and the amendments made by this Act without regard
to the notice requirements under section 553(b) of title 5,
United States Code.
(e) Sense of Congress.--It is the sense of Congress that
the Administrator of the Small Business Administration
should--
(1) issue guidance to ensure that entities whose principal
business is to provide services and support to the live
events industry remain eligible for the program established
under section 324 of the Economic Aid to Hard Hit Small
Businesses, Nonprofits, and Venues Act (title III of division
N of Public Law 116-260); and
(2) distribute funds appropriated for that program not
later than 120 days after the date of enactment of this Act.
______