Sec. 231. Definitions
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In this subtitle: The term affiliated business means a business in which an eligible entity has an equity or right to profit distributions of not less than 50 percent, or in which an eligible entity has the contractual authority to control the direction of the business, provided that such affiliation shall be determined as of any arrangements or agreements in existence as of February 29, 2020. For purposes of eligibility for covered grants— the provisions applicable to affiliations under section 121.301 of title 13, Code of Federal Regulations, or any successor regulation, are waived for any business concern operating as a franchise that is assigned a franchise identifier code by the Administration; and the exceptions to affiliation noted in section 121.103(b) of title 13, Code of Federal Regulations, or any successor regulation, shall apply to an affiliated business.
The term border business — means an entity— that is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )); the principal office of which is located in the United States; that has— annual average gross receipts in 2019 in an amount that is not more than $1,000,000; and not less than 1 and not more than 25 employees, determined on a full-time equivalency basis; and that has a physical location within— an area adjacent to a designated land port of entry, including— 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 Canada; the census tract in which the lands described in item
(aa)are wholly contained; a census tract the boundaries of which intersect the lands described in item (aa); and a census tract— the boundaries of which are contiguous to the census tracts described in item
(bb)or (cc); and which is not more than 50 miles from the international border between the United States and Mexico or the United States and Canada; or a colonia; may include— a for-profit entity; and a Tribally-owned concern; and does not include— an entity with pandemic-related revenue losses that are not greater than 25 percent; an entity described in subparagraph
(A)that is a State or local government-operated business; a publicly traded company; an entity that is owned or operated by a private equity fund; an entity that was not in operation before March 1, 2020; or an entity that is not in operation on, and does not intend to reopen on or before the date that is 180 days after, the date on which the entity applies for a covered grant. The term colonia has the meaning given the term in section 916(e) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 5306 note). The term covered grant means a grant under section 233 made to a border business. The term covered period means the period— beginning on March 1, 2020; and ending on March 31, 2023, or a date to be determined by the Administrator that is not later than 2 years after the date of enactment of this Act. The term Fund means the Border Closure Recovery Grant Fund established under section 232(a)(1). Subject to subparagraph (B), the term pandemic-related revenue loss means, with respect to a border business— except as provided in clauses
(ii)and (iii), the gross receipts, as established using such verification documentation as the Administrator may require, of the border business during 2020 subtracted from the gross receipts of the border business in 2019, if such amount is greater than zero, except that the Administrator may make adjustments to this formula as needed for seasonal businesses, businesses affected by natural disasters, and to address other circumstances identified by the Administrator requiring accommodation; if the border business was not in operation for the entirety of 2019— the difference between, if greater than zero— the product obtained by multiplying the average monthly gross receipts of the border business in 2019 by 12; and the product obtained by multiplying the average monthly gross receipts of the border business in 2020 by 12; or an amount based on a formula determined by the Administrator; and if the border business opened during the period beginning on January 1, 2020, and ending on February 29, 2020, an amount based on a formula determined by the Administrator. The pandemic-related revenue losses for a border business shall be reduced by— any amounts received from a covered loan made under paragraph
(36)or
(37)of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) in 2020 or 2021; and the amount by which any remunerative payment made to an individual, including any salary paid to an employee, in 2020 exceeds $250,000. The Administrator may determine the types of payments and individuals to which clause (i)(II) applies.
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