COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options

Changes from December 29, 2020 to January 8, 2021

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

COVID-19 Relief Assistance to Small
~~December 29, 2020~~January 8, 2021
Businesses: Issues and Policy Options
Robert Jay Dilger
The U.S. Small Business Administration (SBA) administers several types of programs to support The U.S. Small Business Administration (SBA) administers several types of programs to support
Senior Specialist in Senior Specialist in
small businesses, including direct disaster loan programs for businesses, homeowners, and small businesses, including direct disaster loan programs for businesses, homeowners, and
American National American National
renters; loan guaranty and venture capital programs; management and technical assistance renters; loan guaranty and venture capital programs; management and technical assistance
Government Government
training programs; and contracting programs. Congressional interest in these programs has training programs; and contracting programs. Congressional interest in these programs has

always been high, primarily because small businesses are viewed as a means to stimulate always been high, primarily because small businesses are viewed as a means to stimulate
Bruce R. Lindsay
economic activity and create jobs, but it has become especially acute in the wake of the economic activity and create jobs, but it has become especially acute in the wake of the
Specialist in American Specialist in American
Coronavirus Disease 2019 (COVID-19) Coronavirus Disease 2019 (COVID-19) pandemic’s widespread adverse economic impact on the pandemic’s widespread adverse economic impact on the
National Government National Government
national economy. national economy.

This report provides a brief description of the SBA’s programs and examines congressional This report provides a brief description of the SBA’s programs and examines congressional
Sean Lowry
action to assist small businesses during and immediately following the Great Recession (2007- action to assist small businesses during and immediately following the Great Recession (2007-
Analyst in Public Finance Analyst in Public Finance
2009) and during the COVID-19 pandemic, including the following: 2009) and during the COVID-19 pandemic, including the following:

 

P.L. 116-123, P.L. 116-123, the Coronavirus Preparedness and Response Supplemental Appropriations the Coronavirus Preparedness and Response Supplemental Appropriations
Act, 2020, provided the SBA an additional $20 million for SBA disaster assistance administrative expenses Act, 2020, provided the SBA an additional $20 million for SBA disaster assistance administrative expenses
and made economic injury from the coronavirus an eligible expense for SBA’s Economic Injury Disaster and made economic injury from the coronavirus an eligible expense for SBA’s Economic Injury Disaster
Loans (EIDL). Loans (EIDL).
 P.L. 116-136,  P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), among other the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), among other
provisions, provided $349 billion to support SBA’s Section 7(a) lending programs and create a new provisions, provided $349 billion to support SBA’s Section 7(a) lending programs and create a new
Paycheck Protection Program (PPP). PPP loans have a 100% SBA loan guarantee, a 10-year maximum Paycheck Protection Program (PPP). PPP loans have a 100% SBA loan guarantee, a 10-year maximum
term, and a not-to-exceed 4% interest rate to assist small businesses, small 501(c)(3) nonprofit term, and a not-to-exceed 4% interest rate to assist small businesses, small 501(c)(3) nonprofit
organizations, and small 501(c)(19) veterans organizations that have been adversely affected by COVID-organizations, and small 501(c)(19) veterans organizations that have been adversely affected by COVID-
19. Loan deferment and forgiveness are provided under specified conditions. The loans were originally 19. Loan deferment and forgiveness are provided under specified conditions. The loans were originally
available through June 30, 2020, and had a two-year term at 1% interest. available through June 30, 2020, and had a two-year term at 1% interest.
 P.L. 116-139,  P.L. 116-139, the Paycheck Protection Program and Health Care Enhancement Act (Enhancement Act), the Paycheck Protection Program and Health Care Enhancement Act (Enhancement Act),
among other provisions, provided $321.335 billion to support up to $659 billion in Section 7(a) lending. among other provisions, provided $321.335 billion to support up to $659 billion in Section 7(a) lending.
 P.L. 116-142,  P.L. 116-142, the Paycheck Protection Program Flexibility Act, among other provisions, extended the PPP the Paycheck Protection Program Flexibility Act, among other provisions, extended the PPP
loan forgiveness covered period from 8 weeks after the loan’s origination date to the earlier of 24 weeks or loan forgiveness covered period from 8 weeks after the loan’s origination date to the earlier of 24 weeks or
December 31, 2020. PPP borrowers could use the 8-week-covered period if they received their loan prior to December 31, 2020. PPP borrowers could use the 8-week-covered period if they received their loan prior to
enactment (June 5, 2020). enactment (June 5, 2020).
 P.L. 116-147,  P.L. 116-147, to extend the authority for commitments for the paycheck protection program, extended the to extend the authority for commitments for the paycheck protection program, extended the
PPP covered loan period from June 30, 2020, to August 8, 2020, and authorized $659 billion for PPP loan PPP covered loan period from June 30, 2020, to August 8, 2020, and authorized $659 billion for PPP loan
commitments and $30 billion for 7(a) loan commitmentscommitments and $30 billion for 7(a) loan commitments . .
  ~~H.R. 133~~P.L. 116-260, the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Division , the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Division ~~M, Title~~
N, Title III of the Consolidated Appropriations Act of 2021), signed into law on December 27, 2020, among other III of the Consolidated Appropriations Act of 2021), signed into law on December 27, 2020, among other
provisions, extends the PPP through March 31, 2021, increases the program’s authorization amount from provisions, extends the PPP through March 31, 2021, increases the program’s authorization amount from
$659 billion to $806.45 billion, and allows second-draw PPP loans of up to $2 million. $659 billion to $806.45 billion, and allows second-draw PPP loans of up to $2 million.
Some of the provisions enacted during the 116th Congress to assist small businesses adversely affected by the COVID-19 Some of the provisions enacted during the 116th Congress to assist small businesses adversely affected by the COVID-19
pandemic (e.g., SBA fee waivers and increased loan limits) were enacted during the 111th Congress to assist small businesses pandemic (e.g., SBA fee waivers and increased loan limits) were enacted during the 111th Congress to assist small businesses
during and immediately following the Great Recession. The main difference between the legislation enacted during the 111th during and immediately following the Great Recession. The main difference between the legislation enacted during the 111th
and 116th Congresses is that the legislation enacted during the 116th Congress has a much broader scope and cost than the and 116th Congresses is that the legislation enacted during the 116th Congress has a much broader scope and cost than the
legislation enacted during the 111th Congress and includes loan deferrals, loan forgiveness, and greatly expanded eligibility, legislation enacted during the 111th Congress and includes loan deferrals, loan forgiveness, and greatly expanded eligibility,
including, for the first time, specified types of nonprofit organizations. including, for the first time, specified types of nonprofit organizations.
One lesson learned from the actions taken to assist small businesses during and immediately following the Great Recession is One lesson learned from the actions taken to assist small businesses during and immediately following the Great Recession is
the potential benefits that can be derived from providing additional the potential benefits that can be derived from providing additional ~~fundin g~~funding for the SBA’s Office of Inspector General (OIG) for the SBA’s Office of Inspector General (OIG)
and the Government Accountability Office (GAO). GAO and the SBA’s OIG can provide Congress information that could and the Government Accountability Office (GAO). GAO and the SBA’s OIG can provide Congress information that could
prove useful as Congress engages in congressional oversight of the SBA’s administration of legislation to address COVID-prove useful as Congress engages in congressional oversight of the SBA’s administration of legislation to address COVID-
19’s adverse economic impact on small businesses, provide an early warning if unforeseen administrative problems should 19’s adverse economic impact on small businesses, provide an early warning if unforeseen administrative problems should
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COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options

arise, and, through investigations and audits, serve as a deterrent to fraud. Requiring the SBA to report regularly on its arise, and, through investigations and audits, serve as a deterrent to fraud. Requiring the SBA to report regularly on its
implementation of the CARES Act could promote transparency and assist Congress in performing its oversight implementation of the CARES Act could promote transparency and assist Congress in performing its oversight
responsibilities. In addition, requiring both output and outcome performance measures and requiring the SBA to report this responsibilities. In addition, requiring both output and outcome performance measures and requiring the SBA to report this
information to Congress and the public by posting that information on the SBA’s website could enhance congressional information to Congress and the public by posting that information on the SBA’s website could enhance congressional
oversight and public confidence in the SBA’s efforts to assist small businesses. oversight and public confidence in the SBA’s efforts to assist small businesses.
Congressional Research Service Congressional Research Service

COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options

Introduction
The The ~~Smal~~ Small Business Administration (SBA) administers several types of programs to support Business Administration (SBA) administers several types of programs to support ~~smal~~
small businesses, including businesses, including
 direct disaster loan programs for businesses, homeowners, and renters to assist  direct disaster loan programs for businesses, homeowners, and renters to assist
their recovery from natural disasters; their recovery from natural disasters;
 loan guaranty and venture capital programs to enhance  loan guaranty and venture capital programs to enhance ~~smal~~ small business access to business access to
capital; capital;
  ~~smal~~ small business management and technical assistance training programs to assist business management and technical assistance training programs to assist
business formation and expansion; and business formation and expansion; and
 contracting programs to increase  contracting programs to increase ~~smal~~ small business opportunities in federal business opportunities in federal
contracting. contracting.
Congressional interest in the SBA’s programs has increased in recent years, primarily because Congressional interest in the SBA’s programs has increased in recent years, primarily because
~~smal~~ small businesses are viewed as a means to stimulate economic activity and create jobs. businesses are viewed as a means to stimulate economic activity and create jobs.
Congressional interest, however, has become Congressional interest, however, has become ~~especial y~~especially acute in the wake of the Coronavirus acute in the wake of the Coronavirus
Disease 2019 (COVID-19) pandemic’s widespread adverse economic impact on the national Disease 2019 (COVID-19) pandemic’s widespread adverse economic impact on the national
economy, including productivity losses, supply chain disruptions, major labor dislocation, and economy, including productivity losses, supply chain disruptions, major labor dislocation, and
significant financial pressure on both businesses and households.significant financial pressure on both businesses and households.
This report begins with an overview of legislation This report begins with an overview of legislation considered during the 116th Congress to assist considered during the 116th Congress to assist
~~smal~~ small businesses adversely affected by the COVID-19 pandemic. It then provides an overview of businesses adversely affected by the COVID-19 pandemic. It then provides an overview of
SBA disaster loans and discusses various issues related to providing disaster assistance to SBA disaster loans and discusses various issues related to providing disaster assistance to ~~smal~~
small businesses adversely affected by COVID-19. It then presents an overview of SBA access to businesses adversely affected by COVID-19. It then presents an overview of SBA access to
capital programs (including the 7(a) loan guarantee, 504/CDC loan guarantee, and Microloan capital programs (including the 7(a) loan guarantee, 504/CDC loan guarantee, and Microloan
programs), SBA management and technical training programs (programs), SBA management and technical training programs (~~Smal~~ Small Business Development Business Development
Centers [SBDCs], Women Business Centers [WBCs], SCORE, and Microloan technical Centers [SBDCs], Women Business Centers [WBCs], SCORE, and Microloan technical
assistance), and SBA contracting programs. This is followed by a discussion of legislation assistance), and SBA contracting programs. This is followed by a discussion of legislation
enacted during the 111th Congress to assist enacted during the 111th Congress to assist ~~smal~~ small businesses during and immediately following businesses during and immediately following
the Great Recession (2007-2009). the Great Recession (2007-2009).
As As ~~wil be discussed~~discussed below, some of the provisions included in legislation enacted during the 116th , some of the provisions included in legislation enacted during the 116th
Congress to assist Congress to assist ~~smal~~ small businesses adversely affected by the COVID-19 pandemic were included businesses adversely affected by the COVID-19 pandemic were included
in legislationin legislation enacted during the 111th Congress to assist enacted during the 111th Congress to assist ~~smal~~ small businesses during and immediately businesses during and immediately
following the Great Recession, including SBAfollowing the Great Recession, including SBA fee waivers and increased loan limits. The main fee waivers and increased loan limits. The main
difference between the legislation enacted during the 111th and 116th Congresses is that the difference between the legislation enacted during the 111th and 116th Congresses is that the
legislationlegislation enacted during the 116th Congress is much larger in scope and cost than the legislation enacted during the 116th Congress is much larger in scope and cost than the legislation
enacted during the 111th Congress and includes loan deferrals, loan forgiveness, and greatly enacted during the 111th Congress and includes loan deferrals, loan forgiveness, and greatly
expanded eligibility,expanded eligibility, including, for the first time, specified types of nonprofit organizations. including, for the first time, specified types of nonprofit organizations.
Legislative Efforts to Assist Small Businesses
During the 116th Congress
P.L. 116-123, the Coronavirus Preparedness and Response Supplemental Appropriations Act, P.L. 116-123, the Coronavirus Preparedness and Response Supplemental Appropriations Act,
2020, was the first act to include provisions targeting SBA assistance to 2020, was the first act to include provisions targeting SBA assistance to ~~smal~~ small businesses businesses
adversely affected by COVID-19. The act provided the SBA an additional $20 adversely affected by COVID-19. The act provided the SBA an additional $20 ~~mil ion~~ million for SBA for SBA
disaster assistance administrative expenses and deemed the coronavirus to be a disaster under the disaster assistance administrative expenses and deemed the coronavirus to be a disaster under the
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SBA’s Economic Injury Disaster Loan (EIDL) program. This change made economic injury from SBA’s Economic Injury Disaster Loan (EIDL) program. This change made economic injury from
the coronavirus an eligiblethe coronavirus an eligible EIDL expense. EIDL expense.
Congress followed with P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security Act Congress followed with P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act). The CARES Act made numerous changes to SBA programs, including the creation (CARES Act). The CARES Act made numerous changes to SBA programs, including the creation
of the Paycheck Protection Program (PPP), which are loans 100% guaranteed by the SBA with a of the Paycheck Protection Program (PPP), which are loans 100% guaranteed by the SBA with a
maximum term of 10 years and a maximum interest rate of no more than 4%. These loans are maximum term of 10 years and a maximum interest rate of no more than 4%. These loans are
availableavailable ~~to smal~~ to small businesses, businesses, ~~smal~~ small 501(c)(3) nonprofit organizations, and 501(c)(3) nonprofit organizations, and ~~smal~~ small 501(c)(19) 501(c)(19)
veterans organizations—and are eligibleveterans organizations—and are eligible for loan forgiveness. The SBA announced that the loans for loan forgiveness. The SBA announced that the loans
would have a two-year term at a 1% interest rate. would have a two-year term at a 1% interest rate.
The CARES Act provided deferment relief for PPP loans and existing loans made under the 7(a), The CARES Act provided deferment relief for PPP loans and existing loans made under the 7(a),
504/CDC, and Microloan programs. The act also appropriated $349 504/CDC, and Microloan programs. The act also appropriated $349 ~~bil ion~~billion for PPP loan for PPP loan
guarantees and subsidies (to remain availableguarantees and subsidies (to remain available through FY2021), $10 through FY2021), $10 ~~bil ion~~billion for Emergency EIDL for Emergency EIDL
Advance Payment grants, $675 Advance Payment grants, $675 ~~mil ion~~million for the SBA’s salaries and expenses account, $562 for the SBA’s salaries and expenses account, $562 ~~mil ion~~million
for disaster loans, $25 for disaster loans, $25 ~~mil ion~~million for the SBA’s Office of Inspector General (OIG), $265 for the SBA’s Office of Inspector General (OIG), $265 ~~mil ion~~million for for
entrepreneurial development programs ($192 entrepreneurial development programs ($192 ~~mil ion for smal~~ million for small business development centers business development centers
(SBDCs), $48 (SBDCs), $48 ~~mil ion~~ million for women’s business centers (WBCs), and $25 for women’s business centers (WBCs), and $25 ~~mil ion~~million for SBA for SBA resource resource
partners to provide online information and training), and $17 partners to provide online information and training), and $17 ~~bil ion~~ billion for six months of debt relief for six months of debt relief
for the SBA’s 7(a), 504/CDC, and Microloan programs. for the SBA’s 7(a), 504/CDC, and Microloan programs.
A summary of the CARES Act’s major A summary of the CARES Act’s major ~~smal~~ small business-related provisions is presented in the business-related provisions is presented in the
Appendix.
The CARES Act was enacted on March 27, 2020. On March 30, 2020, the SBA updated its The CARES Act was enacted on March 27, 2020. On March 30, 2020, the SBA updated its
website to website to ~~al ow~~allow COVID-19-related EIDL applicants an option to request an Emergency EIDL COVID-19-related EIDL applicants an option to request an Emergency EIDL
Advance Payment grant.1 Advance Payment grant.1
The SBA started accepting PPP loan applications on April 3, 2020.2 Because the SBA neared its The SBA started accepting PPP loan applications on April 3, 2020.2 Because the SBA neared its
~~$349 bil ion~~ $349 billion authorization limitauthorization limit for Section 7(a) lending, which at that time included the PPP, the for Section 7(a) lending, which at that time included the PPP, the
SBA stopped accepting new PPP loan applications on AprilSBA stopped accepting new PPP loan applications on April 15, 2020.3 A total of 1,661,367 PPP 15, 2020.3 A total of 1,661,367 PPP
loans were approved by 4,975 lenders, totaling $342,277,999,103. Most of the loans (74%) were loans were approved by 4,975 lenders, totaling $342,277,999,103. Most of the loans (74%) were
for less than $150,000. The average loan amount was $206,022.4 for less than $150,000. The average loan amount was $206,022.4
The SBA The SBA also stopped accepting COVID-19-related EIDL and Emergency EIDL Advance also stopped accepting COVID-19-related EIDL and Emergency EIDL Advance
Payment grant applications on April 15, because the SBA was approaching its disaster loan Payment grant applications on April 15, because the SBA was approaching its disaster loan
assistance credit subsidy limit.5 COVID-19-related EIDL and Emergency EIDL Advance assistance credit subsidy limit.5 COVID-19-related EIDL and Emergency EIDL Advance
Payment grant applications already received continued to be processed on a first-in first-out basis. Payment grant applications already received continued to be processed on a first-in first-out basis.

1 EIDL applicants that applied for a COVID-19-related EIDL prior to March 30, 2020, were required1 EIDL applicants that applied for a COVID-19-related EIDL prior to March 30, 2020, were required to reapply for an to reapply for an
Emergency EIDL Advance Payment grant. Emergency EIDL Advance Payment grant.
2 2 ~~T he SBA~~ The SBA accepted PPP loan applications from independent contractors and selfaccepted PPP loan applications from independent contractors and self -employed starting on April 10, 2020. -employed starting on April 10, 2020.
3 U.S.3 U.S. ~~Small Business~~ Small Business Administration (SBA), “Statement by Secretary Mnuchin and Administrator Carranza on the Administration (SBA), “Statement by Secretary Mnuchin and Administrator Carranza on the
Paycheck Protection Program and Economic Injury Disaster Loan ProgramPaycheck Protection Program and Economic Injury Disaster Loan Program ,” April 15, 2020, at https://www.sba.gov/,” April 15, 2020, at https://www.sba.gov/
about-sba/sba-newsroom/press-releases-media-advisories/statementabout-sba/sba-newsroom/press-releases-media-advisories/statement -secretary-mnuchin-and-administrator-carranza--secretary-mnuchin-and-administrator-carranza-
paycheck-protection-program-and-economic (hereinafter SBA, “paycheck-protection-program-and-economic (hereinafter SBA, “ Statement by Secretary Mnuchin and Administrator Statement by Secretary Mnuchin and Administrator
Carranza on the Paycheck Protection Program and Economic Injury Disaster Loan Program”). Carranza on the Paycheck Protection Program and Economic Injury Disaster Loan Program”).
P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security Act (CARES P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)Act) authorized $349 billion for authorized $349 billion for
general businessgeneral business loans authorized under Section 7(a) of the Small Businessloans authorized under Section 7(a) of the Small Business Act. Act. ~~T his~~This authorization limit applied to the authorization limit applied to the
7(a) lending programs as well7(a) lending programs as well as to the Paycheck Protection Program (PPP).as to the Paycheck Protection Program (PPP).
4 SBA, 4 SBA, “Paycheck Protection Program (PPP) Report through April 16, 2020, at 12 PM EST“Paycheck Protection Program (PPP) Report through April 16, 2020, at 12 PM EST ,” at https://content.sba.gov/,” at https://content.sba.gov/
sites/default/files/2020-05/PPP%20Deck%20copy.pdf. sites/default/files/2020-05/PPP%20Deck%20copy.pdf.
5 SBA,5 SBA, “Statement by Secretary Mnuchin and Administrator Carranza on the Paycheck Protection Program and “Statement by Secretary Mnuchin and Administrator Carranza on the Paycheck Protection Program and
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The SBA resumed the acceptance of new PPP loan applications on April 27, 2020, following The SBA resumed the acceptance of new PPP loan applications on April 27, 2020, following
enactment of the Paycheck Protection Program and Healthcare Enhancement Act (Enhancement enactment of the Paycheck Protection Program and Healthcare Enhancement Act (Enhancement
Act; P.L. 116-139) on April 24, 2020. The Enhancement Act increased the SBA’s Section 7(a) Act; P.L. 116-139) on April 24, 2020. The Enhancement Act increased the SBA’s Section 7(a)
loan authorization limitloan authorization limit from $349 from $349 ~~bil ion~~ billion to $659 to $659 ~~bil ion~~ billion and appropriated $321.335 and appropriated $321.335 ~~bil ion~~billion to to
support that level of lending. The act also appropriated $50 support that level of lending. The act also appropriated $50 ~~bil ion~~ billion for EIDL, $10 for EIDL, $10 ~~bil ion for~~
billion for Emergency EIDL advance payments (grants), and $2.1 Emergency EIDL advance payments (grants), and $2.1 ~~bil ion~~billion for SBA salaries and expenses. for SBA salaries and expenses.
The SBA began accepting new EIDL and Emergency EIDL Advance Payment grant applications The SBA began accepting new EIDL and Emergency EIDL Advance Payment grant applications
on a limited basis on May 4 to accommodate agricultural businesses that were provided EIDL on a limited basis on May 4 to accommodate agricultural businesses that were provided EIDL
~~eligibility~~ eligibility by the Enhancement Act. The SBA also processed applications from agricultural by the Enhancement Act. The SBA also processed applications from agricultural
businesses that had submitted an EIDL application prior to the legislativebusinesses that had submitted an EIDL application prior to the legislative change. Those change. Those
agricultural businesses did not need to reapply. agricultural businesses did not need to reapply. Al All other EIDL loan applications that were other EIDL loan applications that were
submitted before the SBA stopped accepting new applications on April 15 continued to be submitted before the SBA stopped accepting new applications on April 15 continued to be
processed on a first-in, first-out basis.6 The SBA resumed the acceptance of new EIDL and processed on a first-in, first-out basis.6 The SBA resumed the acceptance of new EIDL and
Emergency EIDL Advance Payment applications from Emergency EIDL Advance Payment applications from al all borrowers on June 15, 2020.7 borrowers on June 15, 2020.7
A summary of the Enhancement Act’s major A summary of the Enhancement Act’s major ~~smal~~ small business-related provisions is presented in the business-related provisions is presented in the
Appendix.
Numerous proposals to amend the PPP were introduced throughout the spring, summer, and Numerous proposals to amend the PPP were introduced throughout the spring, summer, and ~~fal~~
fall of 2020, including of 2020, including
 H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions  H.R. 6800, the Health and Economic Recovery Omnibus Emergency Solutions
Act (Heroes Act), which was passed by the House on May 15, 2020; Act (Heroes Act), which was passed by the House on May 15, 2020;
 S. 4321, the Continuing  S. 4321, the Continuing ~~Smal~~ Small Business Recovery and Paycheck Protection Business Recovery and Paycheck Protection
Program Act, which was introduced in the Senate on July 27, 2020; and Program Act, which was introduced in the Senate on July 27, 2020; and
 H.R. 925, the (updated) Heroes Act, which was passed by the House on October  H.R. 925, the (updated) Heroes Act, which was passed by the House on October
1, 2020. 1, 2020.
A summary of these A summary of these ~~bil s~~bills’ major ’ major ~~smal~~ small business-related provisions is presented in tbusiness-related provisions is presented in the Appendix.
As negotiations among House and Senate leaders continued over these and other legislative As negotiations among House and Senate leaders continued over these and other legislative
proposals, several changes to the PPP were agreed to. For example, P.L. 116-142, the Paycheck proposals, several changes to the PPP were agreed to. For example, P.L. 116-142, the Paycheck
Protection Program Flexibility Act, enacted on June 5, 2020, among other provisions,Protection Program Flexibility Act, enacted on June 5, 2020, among other provisions,
 extended the PPP loan forgiveness covered period from 8 weeks after the loan’s  extended the PPP loan forgiveness covered period from 8 weeks after the loan’s
origination date to the earlier of 24 weeks after the loan’s origination date or origination date to the earlier of 24 weeks after the loan’s origination date or
December 31, 2020;December 31, 2020;
 provided borrowers that received a PPP loan prior to the date of enactment (June  provided borrowers that received a PPP loan prior to the date of enactment (June
5, 2020) the option to use the CARES Act’s loan forgiveness covered period of 5, 2020) the option to use the CARES Act’s loan forgiveness covered period of
eight weeks after the loan’s origination date; eight weeks after the loan’s origination date;
 replaced the 75%/25% rule on the use of PPP loan proceeds for loan forgiveness  replaced the 75%/25% rule on the use of PPP loan proceeds for loan forgiveness
purposes with the requirement that at least 60% of the loan proceeds be used for purposes with the requirement that at least 60% of the loan proceeds be used for

Economic Injury Disaster Loan Program.” Economic Injury Disaster Loan Program.”
6 SBA,6 SBA, “Economic Injury Disaster Loan Emergency Advance,” May 4, 2020, at https://www.sba.gov/funding-“Economic Injury Disaster Loan Emergency Advance,” May 4, 2020, at https://www.sba.gov/funding-
programs/loans/coronavirus-relief-options/economic-injury-disaster-loan-emergency-advance. programs/loans/coronavirus-relief-options/economic-injury-disaster-loan-emergency-advance.
7 SBA, 7 SBA, “SBA’s“SBA’s Economic Injury Disaster Loans and Advance Program Reopened to All EligibleEconomic Injury Disaster Loans and Advance Program Reopened to All Eligible ~~Small Businesses~~ Small Businesses and and
Non-Profits Impacted by COVID-19 Pandemic,” JuneNon-Profits Impacted by COVID-19 Pandemic,” June 15, 2020, at https://www.sba.gov/about15, 2020, at https://www.sba.gov/about -sba/sba-newsroom/-sba/sba-newsroom/
press-releases-media-advisories/sbas-economic-injury-disaster-loans-and-advance-program-reopened-all-eligible-press-releases-media-advisories/sbas-economic-injury-disaster-loans-and-advance-program-reopened-all-eligible-
small-businesses-and?utm_medium=email&utm_source=govdelivery. small-businesses-and?utm_medium=email&utm_source=govdelivery.
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payroll costs and up to 40% be used for covered mortgage interest, rent, and payroll costs and up to 40% be used for covered mortgage interest, rent, and
utility payments;8 utility payments;8
 provided borrowers a “safe harbor” from the loan forgiveness rehiring  provided borrowers a “safe harbor” from the loan forgiveness rehiring
requirement if the borrower is unable to rehire an individual requirement if the borrower is unable to rehire an individual who was an who was an
employee of the recipient on or before February 15, 2020, or if the borrower can employee of the recipient on or before February 15, 2020, or if the borrower can
demonstrate an inability to hire similarlydemonstrate an inability to hire similarly qualified employees on or before qualified employees on or before
December 31, 2020; December 31, 2020;
 provided borrowers another “safe harbor” from the loan forgiveness rehiring  provided borrowers another “safe harbor” from the loan forgiveness rehiring
requirement if the business can document that it was unable to operate between requirement if the business can document that it was unable to operate between
February 15, 2020, and the end of the covered period at the same level of February 15, 2020, and the end of the covered period at the same level of
business activity as before February 15, 2020, due to compliance with business activity as before February 15, 2020, due to compliance with
requirements established or guidance issued between March 1, 2020, and requirements established or guidance issued between March 1, 2020, and
December 31, 2020, by the U.S. Department of Health and Human Services, the December 31, 2020, by the U.S. Department of Health and Human Services, the
Centers for Disease Control and Prevention, or the Occupational Safety and Centers for Disease Control and Prevention, or the Occupational Safety and
Health Administration, related to the maintenance of standards for sanitation, Health Administration, related to the maintenance of standards for sanitation,
social distancing, or any other worker or customer safety requirement related to social distancing, or any other worker or customer safety requirement related to
COVID-19 (the SBACOVID-19 (the SBA indicates that this safe harbor includes state and local indicates that this safe harbor includes state and local
government directives based on these requirements or guidance);9 government directives based on these requirements or guidance);9
 established a minimum PPP loan maturity of five years for loans made on or after  established a minimum PPP loan maturity of five years for loans made on or after
the date of enactment; and the date of enactment; and
 extended the PPP loan deferral period from six months (under SBA regulations)  extended the PPP loan deferral period from six months (under SBA regulations)
to the date that the SBA remits the borrower’s loan forgiveness amount to the to the date that the SBA remits the borrower’s loan forgiveness amount to the
lender or, if the borrower does not apply for loan forgiveness, 10 months after the lender or, if the borrower does not apply for loan forgiveness, 10 months after the
end of the borrower’s loan forgiveness covered period. end of the borrower’s loan forgiveness covered period.
Under the act, June 30, 2020, remained the last date on which a PPP loan application could be Under the act, June 30, 2020, remained the last date on which a PPP loan application could be
approved. A summary of the Paycheck Protection Program Flexibility Act is presented in the approved. A summary of the Paycheck Protection Program Flexibility Act is presented in the
Appendix.
As required by the CARES Act, the SBA As required by the CARES Act, the SBA stopped accepting new PPP loan applications at stopped accepting new PPP loan applications at
midnight on June 30, 2020. midnight on June 30, 2020.
P.L. 116-147, to extend the authority for commitments for the paycheck protection program and P.L. 116-147, to extend the authority for commitments for the paycheck protection program and
separate amounts authorized for other loans under Section 7(a) of the separate amounts authorized for other loans under Section 7(a) of the ~~Smal~~ Small Business Act, and for Business Act, and for
other purposes, enacted on July 4, 2020, extended the PPP covered loan period from June 30, other purposes, enacted on July 4, 2020, extended the PPP covered loan period from June 30,
2020, to August 8, 2020, and authorized $659 2020, to August 8, 2020, and authorized $659 ~~bil ion~~ billion for PPP loan commitments and $30 for PPP loan commitments and $30 ~~bil ion~~billion
for 7(a) loan commitments. The Senate passed the for 7(a) loan commitments. The Senate passed the ~~bil~~ bill by voice vote on June 30, 2020, and the by voice vote on June 30, 2020, and the
House passed it by unanimous consent on July 1, 2020. House passed it by unanimous consent on July 1, 2020.
On July 11, 2020, the SBA announced that it had stopped accepting Emergency EIDL Advance On July 11, 2020, the SBA announced that it had stopped accepting Emergency EIDL Advance
Payment grant applications because the program had reached its authorization limit of $20 Payment grant applications because the program had reached its authorization limit of $20 ~~bil ion~~
billion in grants.10 The SBA approved 5,781,390 Emergency EIDL Advance Payment grant in grants.10 The SBA approved 5,781,390 Emergency EIDL Advance Payment grant

8 If a borrower uses8 If a borrower uses ~~less~~ less than 60% of the PPP loan amount for payroll costs during the forgiveness covered period, the than 60% of the PPP loan amount for payroll costs during the forgiveness covered period, the
borrower willborrower will ~~cont inue~~ continue to be eligible to be eligible for partial loan forgiveness, subject to at least 60% of the loan forgiveness amountfor partial loan forgiveness, subject to at least 60% of the loan forgiveness amount
having been usedhaving been used for payroll costs. for payroll costs.
9 SBA 9 SBA ~~and T reasury~~ and Treasury, “Business Loan Program , “Business Loan Program ~~T emporary~~Temporary Changes; Paycheck Protection Program – Revisions to Loan Changes; Paycheck Protection Program – Revisions to Loan
Forgiveness and Loan ReviewForgiveness and Loan Review Procedures Interim Final Rules,”Procedures Interim Final Rules,” 8585 Federal Register 38309, June 26, 2020. 38309, June 26, 2020.
10 SBA,10 SBA, “SBA“SBA provided $20 billion to Small Businessesprovided $20 billion to Small Businesses and Non-Profits and Non-Profits ~~T hrough~~Through the Emergency Economic Injury the Emergency Economic Injury
Disaster Loan Advance Program,” press release, July 11, 2020, at https://www.sba.gov/aboutDisaster Loan Advance Program,” press release, July 11, 2020, at https://www.sba.gov/about -sba/sba-newsroom/press--sba/sba-newsroom/press-
releases-media-advisories/sba-provided-20-billion-small-businesses-and-non-profits-through-economic-injury-disaster-releases-media-advisories/sba-provided-20-billion-small-businesses-and-non-profits-through-economic-injury-disaster-
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applications.11 As of November 22, 2020, the SBA had approved 3,645,556 COVID-19-related applications.11 As of November 22, 2020, the SBA had approved 3,645,556 COVID-19-related
EIDL loans, totalingEIDL loans, totaling over $194.3 over $194.3 ~~bil ion~~billion.12 .12
As required by P.L. 116-147, the SBA stopped accepting PPP loan applications on August 8, As required by P.L. 116-147, the SBA stopped accepting PPP loan applications on August 8,
2020. 2020.
As of August 8, 2020, the SBA had approved, after As of August 8, 2020, the SBA had approved, after ~~cancel ations~~cancellations, 5,212,128 PPP loans, totaling , 5,212,128 PPP loans, totaling
over $525 over $525 ~~bil ion (se~~ebillion (see Table 1). For comparative purposes, that loan approval amount is more . For comparative purposes, that loan approval amount is more
than the amount the SBAthan the amount the SBA has approved in has approved in al all of its loan programs, including disaster loans, during of its loan programs, including disaster loans, during
the last 29 years (from October 1, 1991, through December 31, 2019; $509.9 the last 29 years (from October 1, 1991, through December 31, 2019; $509.9 ~~bil ion~~billion).13 ).13
Table 1. Paycheck Protection Program Loan Approvals, After Cancellations, Through
August 8, 2020
Average Loan
Number of Loans
Amount
Characteristic
Approved
Amount Approved
Approved
Lenders
Approvals Approvals
5,212,128 5,212,128
$525,012,201,124 $525,012,201,124
$100,729 $100,729
5,460 5,460
(after (after ~~cancel ations~~cancellations) )
Source: ~~Smal~~ Small Business AdministrationBusiness Administration (SBA), “Additional Program Information: approvals as of August 8, 2020,” (SBA), “Additional Program Information: approvals as of August 8, 2020,”
at https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program. at https://www.sba.gov/funding-programs/loans/coronavirus-relief-options/paycheck-protection-program.
Note: ~~Cancel ations~~Cancellations include duplicative include duplicative loans, loans not closed for any reason,loans, loans not closed for any reason, and loans that have been paid off. and loans that have been paid off.
As of August 8, 2020, four industry sectors had received at least 10% of PPP net loan amounts: As of August 8, 2020, four industry sectors had received at least 10% of PPP net loan amounts:
 Health Care and Social Assistance (12.9%);  Health Care and Social Assistance (12.9%);
 Professional, Scientific, and Technical Services (12.7%);  Professional, Scientific, and Technical Services (12.7%);
 Construction (12.4%); and  Construction (12.4%); and
 Manufacturing (10.3%).14 Manufacturing (10.3%).14
House and Senate leaders continued negotiations on legislation House and Senate leaders continued negotiations on legislation to reopen and amend the PPP to reopen and amend the PPP
throughout the summer and throughout the summer and ~~fal . On December 27, 2020, President Trump signed H.R. 133~~fall. P.L. 116-260, the ~~, the~~
Economic Aid to Hard-Hit Economic Aid to Hard-Hit ~~Smal~~ Small Businesses, Nonprofits, and Venues Act (Division Businesses, Nonprofits, and Venues Act (Division MN, Title III of , Title III of
the Consolidated Appropriations Act of the Consolidated Appropriations Act of 2021), enacted on December 27, 2020~~2021). The act~~, among other provisions,, among other provisions,
 extends the PPP loan covered period from August 8, 2020, to March 31, 2021;  extends the PPP loan covered period from August 8, 2020, to March 31, 2021;
 expands the list of  expands the list of ~~al owable~~allowable uses of proceeds and loan forgiveness to include uses of proceeds and loan forgiveness to include
personal protective equipment, supplier costs, payments for software, cloud personal protective equipment, supplier costs, payments for software, cloud
computing, and other human resources and accounting needs, and costs related to computing, and other human resources and accounting needs, and costs related to

loan. loan.
As of April 24, 2020, the SBA had approved nearly 1.2 million Emergency EIDL grants, totaling $4.8 billion As of April 24, 2020, the SBA had approved nearly 1.2 million Emergency EIDL grants, totaling $4.8 billion . See . See
SBA,SBA, “COVID-19 EIDL Advance Reports, April 24, 2020,” at https://www.sba.gov/document/report-covid-19-eidl-“COVID-19 EIDL Advance Reports, April 24, 2020,” at https://www.sba.gov/document/report-covid-19-eidl-
advance-reportadvance-report -04-24-20. -04-24-20.
11 SBA, 11 SBA, “ “Disaster Assistance Update EIDL Advance JulyDisaster Assistance Update EIDL Advance July 15, 2020 (figures as of July15, 2020 (figures as of July 14, 2020),” at 14, 2020),” at
https://www.sba.gov/sites/default/files/2020-07/EIDL%20COVID-19%20Advance%207.15.20.pdf. https://www.sba.gov/sites/default/files/2020-07/EIDL%20COVID-19%20Advance%207.15.20.pdf.
12 SBA,12 SBA, “ “Disaster Assistance Update NationwideDisaster Assistance Update Nationwide EIDL Loans November 23, 2020 (figures as of November 22, 2020),” EIDL Loans November 23, 2020 (figures as of November 22, 2020),”
at https://www.sba.gov/document/reportat https://www.sba.gov/document/report -covid-19-eidl-loans-report-11-23-20. -covid-19-eidl-loans-report-11-23-20.
13 SBA, 13 SBA, “WDS Lending Data File,”“WDS Lending Data File,” October 18, 2019; and SBA,October 18, 2019; and SBA, “Small Business“Small Business Administration loan program Administration loan program
performance: performance: ~~T able~~Table 2 - Gross 2 - Gross Approval Amount by Program, December 31, 2019,” at https://www.sba.gov/document/Approval Amount by Program, December 31, 2019,” at https://www.sba.gov/document/
reportreport -small-business-administration-loan-program-performance. -small-business-administration-loan-program-performance.
14 SBA,14 SBA, “Paycheck Protection Program (PPP) Report: Approvals through August 8, 2020; Industry by NAICS“Paycheck Protection Program (PPP) Report: Approvals through August 8, 2020; Industry by NAICS Sector,” Sector,”
at https://www.sba.gov/document/reportat https://www.sba.gov/document/report -paycheck-protection-program-report-paycheck-protection-program-report -through-august-8-2020. -through-august-8-2020.
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property damage from public disturbances that occurred in 2020 that are not property damage from public disturbances that occurred in 2020 that are not
covered by insurance; covered by insurance;
  ~~al ows~~allows borrowers to select a PPP loan forgiveness covered period of either 8 borrowers to select a PPP loan forgiveness covered period of either 8
weeks after the loan’s origination date or 24 weeks after the loan’s origination weeks after the loan’s origination date or 24 weeks after the loan’s origination
date regardless of when the loan was disbursed; date regardless of when the loan was disbursed;
 creates a simplified loan forgiveness application process for loans of $150,000 or  creates a simplified loan forgiveness application process for loans of $150,000 or
less, which includes an application form that is not more than one page in length less, which includes an application form that is not more than one page in length
and only requires borrowers to provide a description of the number of employees and only requires borrowers to provide a description of the number of employees
the borrower was able to retain because of the loan, the estimated amount of the the borrower was able to retain because of the loan, the estimated amount of the
loan amount spent on payroll costs, and the total loan amount. The borrower must loan amount spent on payroll costs, and the total loan amount. The borrower must
also attest that they complied with also attest that they complied with al all PPP loan requirements. Borrowers must PPP loan requirements. Borrowers must
retain relevant employment records for four years following submission of the retain relevant employment records for four years following submission of the
form and other relevant records for three years. The SBA retains the right to form and other relevant records for three years. The SBA retains the right to
review and audit these loans for fraud. Reporting of demographic information is review and audit these loans for fraud. Reporting of demographic information is
optional; optional;
  ~~al ows~~allows PPP borrowers that have fewer than 300 employees, have or PPP borrowers that have fewer than 300 employees, have or ~~wil~~ will use the use the
full amount of their PPP loan, and can document quarterly revenue losses of at full amount of their PPP loan, and can document quarterly revenue losses of at
least 25% in the first, second, or third quarter of 2020 relative to the same quarter least 25% in the first, second, or third quarter of 2020 relative to the same quarter
of 2019 to receive a second-draw PPP loan of up to $2 of 2019 to receive a second-draw PPP loan of up to $2 ~~mil ion~~million; ;
 increases the PPP loan authorization level  increases the PPP loan authorization level from $659 from $659 ~~bil ion~~ billion to $806.45 to $806.45 ~~bil ion~~billion, ,
appropriates an additional $284.45 appropriates an additional $284.45 ~~bil ion~~ billion for the PPP, and rescinds $146.5 for the PPP, and rescinds $146.5
~~bil ion~~ billion from the SBA’s business loans program account (appropriated funds that from the SBA’s business loans program account (appropriated funds that
were not spent prior to enactment);were not spent prior to enactment);
 sets aside funds for new and smaller small businesses, for borrowers in low- and moderate-income communities, and for community and smaller lenders. These set asides include: $15 billion across first and second draw PPP loans for lending by community financial institutions; $15 billion across first and second draw PPP loans for lending by insured depository institutions, credit unions, and farm credit system institutions with consolidated assets of less than $10 billion; $35 billion for new first draw PPP borrowers; and $15 billion and $25 billion for first draw and second draw PPP loans, respectively, for borrowers with a maximum of 10 employees or for loans less than $250,000 to borrowers in low- or moderate-income neighborhoods;  extends the covered period for Emergency EIDL advance payments (grants) from  extends the covered period for Emergency EIDL advance payments (grants) from
December 31, 2020, to December 31, 2021, extends the time for the SBA to December 31, 2020, to December 31, 2021, extends the time for the SBA to
approve and disburse the funds from three to 21 days, and repeals the approve and disburse the funds from three to 21 days, and repeals the
requirement that borrowers deduct the amount of their EIDL advance payment requirement that borrowers deduct the amount of their EIDL advance payment
from their PPP loan forgiveness amount if the advance payment was refinanced from their PPP loan forgiveness amount if the advance payment was refinanced
into their PPP loan; into their PPP loan;
 appropriates $20  appropriates $20 ~~bil ion~~ billion for an EIDL Targeted advance payment (grant) program for an EIDL Targeted advance payment (grant) program
that provides a $10,000 advance payment to borrowers located in low-income that provides a $10,000 advance payment to borrowers located in low-income
communities that have suffered a revenue loss greater than 30% over specified communities that have suffered a revenue loss greater than 30% over specified
time periods and have no more than 300 employees; applicants that meet these time periods and have no more than 300 employees; applicants that meet these
requirements and received an Emergency EIDL advance payment previously are requirements and received an Emergency EIDL advance payment previously are
~~eligible~~ eligible to receive an amount equal to the difference of what the borrower to receive an amount equal to the difference of what the borrower
received and $10,000. The SBA is required to provide first priority in awarding received and $10,000. The SBA is required to provide first priority in awarding
the grants to eligiblethe grants to eligible borrowers located in low-income communities that received borrowers located in low-income communities that received
an Emergency EIDL advance payment of less than $10,000 previously, and an Emergency EIDL advance payment of less than $10,000 previously, and
Congressional Research Service 6 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options second priority to eligiblesecond priority to eligible first-time applicants located in low-income first-time applicants located in low-income
communities;communities;
 increases the 7(a) loan guarantee program’s authorization limit from $30  increases the 7(a) loan guarantee program’s authorization limit from $30 ~~bil ion~~billion
to $75 to $75 ~~bil ion~~ billion in FY2021, and appropriates $1.918 in FY2021, and appropriates $1.918 ~~bil ion~~billion for 7(a) loan guarantee for 7(a) loan guarantee
program subsidy costs, and costs related to (1) increasing the 7(a) program’s loan program subsidy costs, and costs related to (1) increasing the 7(a) program’s loan
guarantee percentage from 75% and 85%, depending on the loan amount, to 90% guarantee percentage from 75% and 85%, depending on the loan amount, to 90%
for for al all 7(a) loans; (2) increasing the SBAExpress loan amount from $350,000 to 7(a) loans; (2) increasing the SBAExpress loan amount from $350,000 to
$1 $1 ~~mil ion~~ million on January 1, 2021 (reverts permanently to $500,000 on October 1, on January 1, 2021 (reverts permanently to $500,000 on October 1,
2021); (3) increasing the SBAExpress loan guarantee percentage from 50% to 2021); (3) increasing the SBAExpress loan guarantee percentage from 50% to
75% for loans of $350,000 or less (reverts permanently to 50% for 75% for loans of $350,000 or less (reverts permanently to 50% for al
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

all SBAExpress loans on October 1, 2021); (4) waiving 7(a) and 504/CDC lender SBAExpress loans on October 1, 2021); (4) waiving 7(a) and 504/CDC lender
and borrower fees in FY2021; and (5) providing lower interest rates for the and borrower fees in FY2021; and (5) providing lower interest rates for the
504/CDC refinancing program; 504/CDC refinancing program;
 appropriates $3.5  appropriates $3.5 ~~bil ion~~billion to resume the to resume the ~~payment of principal and interest on SBA~~
first six months of payments of principal, interest, and fees for SBA 7(a) loans, 504/CDC loans, and Microloans7(a) loans, 504/CDC loans, and Microloans ~~approved between February 1, 2020,~~
~~and September 30, 2021~~, capped at $9,000 per , capped at $9,000 per ~~borrower per month, and provide~~
~~borrowers with qualifying loans approved by the SBA prior to the CARES Act an~~
~~additional three months of payments, starting in February 2021, capped at $9,000~~
~~per borrower per month. After the three months, underserved borrowers (e.g.,~~
~~borrowers with SBA microloans or 7(a) Community Advantage loans or located~~
~~in hard-hit sectors, such as food service and accommodation) wil~~ month per borrower. Payments are dependent on when the loan was disbursed, the type of loan received, and the business’s industry. For example, the SBA will pay at least three additional monthly payments on loans that were in repayment before March 27, 2020, starting with the next payment due on or after February 1, 2021. After the first three monthly payments are provided, businesses with an SBA Community Advantage loan, Microloan, or operating in specified economically hard-hit industries will receive an receive an
~~additional five months of payments, also capped at $9,000 per borrower per~~
~~month;~~
~~ appropriates $15 bil ion~~ additional five monthly payments.15 Also, loans approved from February 1, 2021, through September 30, 2021, will receive six monthly payments beginning with the first payment due;  appropriates $15 billion for grants to eligible live venue operators or promoters, for grants to eligible live venue operators or promoters,
theatrical producers, live performing arts organization operators, museum theatrical producers, live performing arts organization operators, museum
operators, motion picture theatre operators, or talent representatives who operators, motion picture theatre operators, or talent representatives who
demonstrate a 25% reduction in revenue over specified time periods. The SBA demonstrate a 25% reduction in revenue over specified time periods. The SBA
can award an initial grant to eligiblecan award an initial grant to eligible ~~individuals~~ individuals or entities of up to $10 or entities of up to $10 ~~mil ion~~million
based on a specified formula and a supplemental grant equal to half of the initial based on a specified formula and a supplemental grant equal to half of the initial
grant, also based on a specified formula. Funding must be used for specified grant, also based on a specified formula. Funding must be used for specified
purposes, such as payroll, rent, utilities, and personal protective equipment; and purposes, such as payroll, rent, utilities, and personal protective equipment; and
 appropriates $57  appropriates $57 ~~mil ion~~ million for Microloan program enhancements, including $50 for Microloan program enhancements, including $50
~~mil ion~~ million for Microloan technical assistance grants and $7 for Microloan technical assistance grants and $7 ~~mil ion~~million in loan credit in loan credit
subsidies to support up to $64 subsidies to support up to $64 ~~mil ion~~million in additional in additional ~~Microloan lending.~~
~~Disaster Loans~~
~~Overview~~
~~SBA disaster assistance is provided in the form of loans, not grants, which must be repaid to the~~
~~federal government. The SBA’s disaster loans are unique in two respects: (1) they go directly to~~
~~the ultimate borrower, and (2) they are not limited to smal businesses.15~~
~~SBA disaster loans for physical damage are available to individuals, businesses of al sizes, and~~
~~nonprofit organizations in declared disaster areas.16 SBA disaster loans for economic injury~~
~~(EIDL) are available to eligible smal businesses, smal agricultural cooperatives, smal~~
Microloan lending. On January 6, 2021, the SBA issued two interim final rules to enable implementation of P.L. 116-260’s PPP-related provisions.16 On January 8, 2021, the SBA announced that the PPP would 15 Economically hard-hit industries are defined as those industries assigned a North American Industry Classification System (NAICS) code beginning with 61, 71, 72, 213, 315, 448, 451, 481, 485, 487, 511, 512, 515, 532, or 812 (food service and accommodation; arts, entertainment and recreation; education; and laundry and personal care services). 16 SBA and Department of the Treasury, “Business Loan Program Temporary Changes; Paycheck Protection Program as Amended by Economic Aid Act,” interim final rule, January 6, 2021, at https://www.sba.gov/document/policy-guidance-ifr-paycheck-protection-program-ppp-amended-economic-aid-act; and SBA and Department of the Treasury, “Business Loan Program Temporary Changes; Paycheck Protection Program Second Draw Loans,” interim final rule, January 6, 2021, at https://www.sba.gov/document/policy-guidance-ifr-paycheck-protection-program-ppp-second-draw-loans. Congressional Research Service 7 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options reopen on January 11, 2021.17 The SBA indicated that only community financial institutions will be allowed to make first draw PPP loans on January 11th and 12th and second draw PPP loans on January 13th as a means to increase access to PPP loans for minority, underserved, veteran and women-owned small businesses.18 The SBA also announced that the PPP will be open to all participating lenders shortly thereafter. Disaster Loans Overview SBA disaster assistance is provided in the form of loans, not grants, which must be repaid to the federal government. The SBA’s disaster loans are unique in two respects: (1) they go directly to the ultimate borrower, and (2) they are not limited to small businesses.19 SBA disaster loans for physical damage are available to individuals, businesses of all sizes, and nonprofit organizations in declared disaster areas.20 SBA disaster loans for economic injury (EIDL) are available to eligible small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, nonprofit organizations in declared disaster businesses engaged in aquaculture, and most private, nonprofit organizations in declared disaster
areas. The SBA issues about 80% of its direct disaster loans to individuals and households areas. The SBA issues about 80% of its direct disaster loans to individuals and households
(renters and property owners) to repair and replace homes and personal property. The SBA (renters and property owners) to repair and replace homes and personal property. The SBA
disbursed $401 disbursed $401 ~~mil ion~~million in disaster loans in FY2016, $889 in disaster loans in FY2016, $889 ~~mil ion~~ million in FY2017, $3.59 in FY2017, $3.59 ~~bil ion~~billion in in
~~FY2018, and $1.5 bil ion in FY2019.17~~

~~15 13 C.F.R. §123.200.~~
~~16 13 C.F.R. §123.105 and 13 C.F.R. §123.203.~~
~~17 SBA, Office of Legislative and Congressional Affairs, “WDS Report Amount Fiscal Year 2019, T able 1.4~~
~~Disbursements by Program,” October 18, 2019.~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~
FY2018, and $1.5 billion in FY2019.21
Types of Disaster Loans
The SBA Disaster Loan Program includes home disaster loans, business physical disaster loans, The SBA Disaster Loan Program includes home disaster loans, business physical disaster loans,
and EIDLs.and EIDLs.1822 This report focuses on the EIDL program because it is currently being used to This report focuses on the EIDL program because it is currently being used to
address the adverse economic impact of COVID-19 on address the adverse economic impact of COVID-19 on ~~smal~~ small businesses and other EIDL-eligible businesses and other EIDL-eligible
organizations. organizations.
P.L. 116-123, the Coronavirus Preparedness and Response Supplemental Appropriations Act, P.L. 116-123, the Coronavirus Preparedness and Response Supplemental Appropriations Act,
2020, deemed the coronavirus to be a disaster under the EIDL program. This change made 2020, deemed the coronavirus to be a disaster under the EIDL program. This change made
economic injury from the coronavirus an eligibleeconomic injury from the coronavirus an eligible EIDL expense. The act also provided the SBA EIDL expense. The act also provided the SBA
an additionalan additional ~~$20 mil ion~~ $20 million for disaster loan administrative expenses. 17 SBA, “SBA and Treasury Announce PPP Re-Opening; Issue New Guidance,” January 8, 2021. 18 SBA, “Guidance on Accessing Capital for Minority, Underserved, Veteran and Women-Owned Business Concerns,” January 6, 2021, at https://www.sba.gov/sites/default/files/2021-01/Guidance%20on%20Accessing%20Capital%20for%20Minority%20Underserved%20Veteran%20and%20Women%20Owned%20Business%20Concerns%20.pdf?utm_medium=email&utm_source=govdelivery; and SBA, “SBA and Treasury Announce PPP Re-Opening; Issue New Guidance,” January 8, 2021. 19 13 C.F.R. §123.200. 20 13 C.F.R. §123.105 and 13 C.F.R. §123.203. 21 SBA, Office of Legislative and Congressional Affairs, “WDS Report Amount Fiscal Year 2019, Table 1.4 Disbursements by Program,” October 18, 2019. 22 The SBA also offers military reservist economic injury disaster loans. These loans are available when economic injury is incurred as a direct result of a business owner or an essential employee being called to active duty. These loans are generally not associated with disasters. See CRS Report R42695, SBA Veterans Assistance Programs: An Analysis of Contemporary Issues, by Robert Jay Dilger and Sean Lowry. Congressional Research Service 8 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options ~~for disaster loan administrative expenses.~~
For a discussion of For a discussion of ~~al SBA~~ all SBA disaster loans, see CRS Report R41309, disaster loans, see CRS Report R41309, The SBA Disaster Loan
Program: Overview and Possible Issues for Congress, by Bruce R. Lindsay. , by Bruce R. Lindsay.
Economic Injury Disaster Loans
EIDLs provide up to $2 EIDLs provide up to $2 ~~mil ion~~ million for working capital (including fixed debts, payroll, accounts for working capital (including fixed debts, payroll, accounts
payable and other payable and other ~~bil s~~bills that cannot be paid because of the disaster’s impact) to help that cannot be paid because of the disaster’s impact) to help ~~smal~~
small businesses, businesses, ~~smal~~ small agricultural cooperatives, agricultural cooperatives, ~~smal~~ small businesses engaged in aquaculture, and most businesses engaged in aquaculture, and most
private, nonprofit organizations meet their financial obligations and operating expenses that private, nonprofit organizations meet their financial obligations and operating expenses that
cannot be met as a direct result of the disaster.cannot be met as a direct result of the disaster.19
23 Public nonprofit organizations and several specific business types are not eligible for EIDL Public nonprofit organizations and several specific business types are not eligible for EIDL
assistance. Ineligible businesses include, but are not limited to, the following: assistance. Ineligible businesses include, but are not limited to, the following:
 businesses that do not meet the SBA’s  businesses that do not meet the SBA’s ~~smal~~ small business eligibilitybusiness eligibility criteria, criteria,
including the SBA’s size standards; including the SBA’s size standards;
 businesses that derive more than one-third of their annual gross revenue from  businesses that derive more than one-third of their annual gross revenue from
legal gambling activities; legal gambling activities;
 casinos and racetracks;  casinos and racetracks;
 religious organizations;  religious organizations;
 political and lobbying concerns;  political and lobbying concerns;
 government-owned concerns (expect for businesses owned or controlled by a  government-owned concerns (expect for businesses owned or controlled by a
Native American tribe); and Native American tribe); and
 businesses determined by the SBA to have credit available  businesses determined by the SBA to have credit available elsewhere.elsewhere.2024
EIDL loan amounts are based on actual economic injury and financial needs, regardless of EIDL loan amounts are based on actual economic injury and financial needs, regardless of
whether the business or eligible nonprofit suffered any property damage. If an applicant is a whether the business or eligible nonprofit suffered any property damage. If an applicant is a
major source of employment, the SBA may waive the $2 major source of employment, the SBA may waive the $2 ~~mil ion~~ million statutory limit.statutory limit.2125 In addition, EIDL loan proceeds cannot be used to refinance long-term debt, expand facilities, pay dividends or bonuses, or for relocation.26 Applicants must have a credit history acceptable to the SBA, the ability to repay the loan, and present collateral for all EIDL loans over $25,000 if available. The SBA collateralizes real estate or other assets when available, but it will not deny a loan for lack of collateral.27 EIDL interest rates are determined by formulas established in law (discussed later) and are fixed for the life of the loan. EIDL interest rate ceilings are statutorily set at no more than 4% per annum. EIDL applicants are not eligible if the SBA determines that the applicant has credit available elsewhere. 23 SBA, ~~In addition,~~

~~18 T he SBA also offers military reservist economic injury disaster loans. T hese loans are available when economic~~
~~injury is incurred as a direct result of a business owner or an essential employee being called to active duty. T hese loans~~
~~are generally not associated with disasters. See CRS Report R42695,~~ ~~SBA Veterans Assistance Program s: An Analysis~~
~~of Contem porary Issues, by Robert Jay Dilger and Sean Lowry.~~
~~19 SBA,~~ “Fact Sheet – Economic Injury Disaster Loans, California Declaration #16332,” March 19, 2020, at “Fact Sheet – Economic Injury Disaster Loans, California Declaration #16332,” March 19, 2020, at
https://disasterloan.sba.gov/ela/Declarations/DeclarationDetails?declNumber=3485&direct=false (hereinafter cited as https://disasterloan.sba.gov/ela/Declarations/DeclarationDetails?declNumber=3485&direct=false (hereinafter cited as
SBA,SBA, “Fact Sheet”). “Fact Sheet”).
2024 SBA, SBA, “Disaster Assistance Program, SOP 50 30 9, pp. 70, 71, at https://www.sba.gov/document/sop-50-30-9-“Disaster Assistance Program, SOP 50 30 9, pp. 70, 71, at https://www.sba.gov/document/sop-50-30-9-
disaster-assistance-program-posted-05-31 (hereinafter cited as SBA,disaster-assistance-program-posted-05-31 (hereinafter cited as SBA, “ “Disaster Assistance Program SOP”). Disaster Assistance Program SOP”).
2125 SBA, SBA, “Fact Sheet.” 26 For the full list of ineligible uses of EIDL loan proceeds, see SBA, “Disaster Assistance Program SOP,” pp. 75-76. 27 SBA, “Fact Sheet.” Congressional Research Service 9 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options EIDL loans can have maturities up to 30 years. The SBA determines an appropriate installment payment based on each borrower’s financial condition, which, in turn, determines the loan term.28 There are no prepayment penalties. SBA EIDL assistance is not automatically~~“Fact Sheet.”~~
~~Congressional Research Service~~
8

~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~EIDL loan proceeds cannot be used to refinance long-term debt, expand facilities, pay dividends~~
~~or bonuses, or for relocation.22~~
~~Applicants must have a credit history acceptable to the SBA, the ability to repay the loan, and~~
~~present collateral for al EIDL loans over $25,000 if available. The SBA collateralizes real estate~~
~~or other assets when available, but it wil not deny a loan for lack of collateral.23~~
~~EIDL interest rates are determined by formulas established in law (discussed later) and are fixed~~
~~for the life of the loan. EIDL interest rate ceilings are statutorily set at no more than 4% per~~
~~annum. EIDL applicants are not eligible if the SBA determines that the applicant has credit~~
~~available elsewhere.~~
~~EIDL loans can have maturities up to 30 years. The SBA determines an appropriate instal ment~~
~~payment based on each borrower’s financial condition, which, in turn, determines the loan term.24~~
~~There are no prepayment penalties.~~
~~SBA EIDL assistance is not automatical y~~ available. It must be requested in one of two ways: (1) available. It must be requested in one of two ways: (1)
a state or territory governor can submit a request to the President for a major disaster declaration a state or territory governor can submit a request to the President for a major disaster declaration
under the Robert T. Stafford Disaster Relief and Emergency Assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance ~~Act25~~Act29 or (2) a state or or (2) a state or
governor can submit a request for SBA EIDL from the SBA Administrator under the governor can submit a request for SBA EIDL from the SBA Administrator under the ~~Smal~~
Small Business Act. Business Act.
There was some initial concern that COVID-19 would not be a declarable disaster under the There was some initial concern that COVID-19 would not be a declarable disaster under the
~~Smal~~ Small Business Act because it did not meet the legal definition for a disaster. As mentioned, to Business Act because it did not meet the legal definition for a disaster. As mentioned, to
prevent any potential ambiguity, Title II of P.L. 116-123 deemed the coronavirus a disaster under prevent any potential ambiguity, Title II of P.L. 116-123 deemed the coronavirus a disaster under
Section 7(b)(2)(D) of the Section 7(b)(2)(D) of the ~~Smal~~ Small Business Act, making economic injury from the coronavirus an Business Act, making economic injury from the coronavirus an
~~eligible~~ eligible expense under the SBA’s Economic Injury Disaster Loan program. expense under the SBA’s Economic Injury Disaster Loan program.
Initial EIDL Response to COVID-19
On March 16, 2020, the SBA Administrator began issuing declarations for SBA EIDLs in On March 16, 2020, the SBA Administrator began issuing declarations for SBA EIDLs in
response to states seeking SBA disaster assistance for response to states seeking SBA disaster assistance for ~~smal~~ small businesses.businesses.2630 The SBA changed its The SBA changed its
requirement that a state or territory “provide documentation certifying that at least five requirement that a state or territory “provide documentation certifying that at least five ~~smal~~
small businesses have suffered substantial economic injury as a result of the disaster, with at least one businesses have suffered substantial economic injury as a result of the disaster, with at least one
business located in each declared county/parish.”business located in each declared county/parish.”2731 Under new criteria, states and territories now Under new criteria, states and territories now
“are only required to certify that at least five “are only required to certify that at least five ~~smal~~ small businesses within the state/territory have businesses within the state/territory have
suffered substantial economic injury, regardless of where the businesses are located.”suffered substantial economic injury, regardless of where the businesses are located.”~~28 The SBA~~

~~22 For the full list of ineligible uses of EIDL loan proceeds, see SBA, “Disaster Assistance Program SOP ,” pp. 75-76.~~
~~23 SBA, “Fact Sheet.”~~
~~24 SBA, “Fact Sheet.”~~
~~25 P.L. 93-288, as amended. T ribal~~32 The SBA announced that under the new criteria EIDL assistance may be available statewide instead of just within specific identified counties in declarations related to COVID-19. EIDL Funding Prior to the CARES Act’s enactment, the SBA had about $1.1 billion in disaster loan credit subsidy available to support about $7 billion to $8 billion in disaster loans. Loan credit subsidy is the amount provided to cover the government’s cost of extending or guaranteeing credit.33 The 28 SBA, “Fact Sheet.” 29 P.L. 93-288, as amended. Tribal nations are also authorized to request and receive major disaster assistance. nations are also authorized to request and receive major disaster assistance.
26 30 A similar definitional issue A similar definitional issue may exist under the Stafford Act which does not specify an infectious diseasemay exist under the Stafford Act which does not specify an infectious disease as an as an
incident in its definition of a major disaster. incident in its definition of a major disaster. ~~T here~~There are, however, indications that the President considers COVID are, however, indications that the President considers COVID -19 a -19 a
major disaster. Seemajor disaster. See the White House, the White House, Letter ~~from~~ from President Donald J. ~~Trum p on Em ergency Determ ination~~Trump on Emergency Determination Under the
Stafford Act, March 13, 2020, at https://www.whitehouse.gov/briefings-statements/letter-president, March 13, 2020, at https://www.whitehouse.gov/briefings-statements/letter-president -donald-j-trump--donald-j-trump-
emergency-determination-stafford-act/. emergency-determination-stafford-act/.
2731 SBA, SBA, SBA Updates Criteria on States for Requesting Disaster Assistance Loans for Small Businesses Impacted by
Coronavirus (COVID-19), March 17, 2020, at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-, March 17, 2020, at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-
advisories/sba-updates-criteria-states-requesting-disaster-assistance-loans-small-businesses-impacted (hereinafter cited advisories/sba-updates-criteria-states-requesting-disaster-assistance-loans-small-businesses-impacted (hereinafter cited
as SBA,as SBA, SBA Updates Criteria on States for Requesting Disaster Assistance). ).
2832 SBA, SBA, SBA Updates Criteria on States for Requesting Disaster Assistance. 33 “The Federal Credit Reform Act of 1990 (FCRA) requires agencies to estimate the cost to the government of extending or guaranteeing credit. This cost, referred to as subsidy cost, equals the net present value of estimated cash flows from the government (e.g., loan disbursements and claim payments to lenders) minus estimated cash flows to the government (e.g., loan repayments, interest payments, fees, and recoveries on defaulted loans) over the life of the loan, excluding administrative costs.” See U.S. Government Accountability Office, Current Method to Estimate Credit Subsidy Costs Is More Appropriate for Budget Estimates Than a Fair Value Approach, GAO-16-41, January 29, 2016, Congressional Research Service 10 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options ~~on States for Requesting Disaster Assistance~~.
~~Congressional Research Service~~
9

~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~announced that under the new criteria EIDL assistance may be available statewide instead of just~~
~~within specific identified counties in declarations related to COVID-19.~~
~~EIDL Funding~~
~~Prior to the CARES Act’s enactment, the SBA had about $1.1 bil ion in disaster loan credit~~
~~subsidy available to support about $7 bil ion to $8 bil ion in disaster loans. Loan credit subsidy is~~
~~the amount provided to cover the government’s cost of extending or guaranteeing credit.29 The~~
loan credit subsidy amount is about one-seventh of the cost of each disaster loan.loan credit subsidy amount is about one-seventh of the cost of each disaster loan.3034 The credit The credit
subsidy amount is used to protect the government against the risk of estimated subsidy amount is used to protect the government against the risk of estimated ~~shortfal s~~shortfalls in loan in loan
repayments. There was some concern that the SBA’s funding for disaster loan credit subsidies repayments. There was some concern that the SBA’s funding for disaster loan credit subsidies
would have proven to be insufficient to meet the demand for disaster loans now that EIDL would have proven to be insufficient to meet the demand for disaster loans now that EIDL
~~eligibility~~ eligibility has been extended to economic injuries related to COVID-19. has been extended to economic injuries related to COVID-19.
The CARES Act addressed this issue by providing an additional The CARES Act addressed this issue by providing an additional ~~$562 mil ion~~ $562 million to support disaster to support disaster
loans and $10 loans and $10 ~~bil ion~~ billion to support the Emergency EIDL grant program. As mentioned, the Paycheck to support the Emergency EIDL grant program. As mentioned, the Paycheck
Protection Program and Health Care Enhancement Act (P.L. 116-139) appropriated an additional Protection Program and Health Care Enhancement Act (P.L. 116-139) appropriated an additional
$50 $50 ~~bil ion~~ billion for EIDL and $10 for EIDL and $10 ~~bil ion~~ billion for Emergency EIDL grants. Also, as mentioned, the for Emergency EIDL grants. Also, as mentioned, the
Economic Aid to Hard-Hit Economic Aid to Hard-Hit ~~Smal~~ Small Businesses, Nonprofits, and Venues Act (Division Businesses, Nonprofits, and Venues Act (Division MN, Title III of , Title III of
the Consolidated Appropriations Act of 2021), appropriated an additional $20 the Consolidated Appropriations Act of 2021), appropriated an additional $20 ~~bil ion~~ billion for the for the
EIDL Targeted advance payment (grant) program. EIDL Targeted advance payment (grant) program.
Surge Issues and Loan Processing Times
~~Historical y~~Historically, the majority (80%) of SBA disaster loans have been for individuals and households. , the majority (80%) of SBA disaster loans have been for individuals and households.
The significant number of businesses that The significant number of businesses that ~~wil likely~~ will likely apply for EIDL assistance because of the apply for EIDL assistance because of the
economic damage the coronavirus caused may require the SBA to enhance its disaster business economic damage the coronavirus caused may require the SBA to enhance its disaster business
loan portfolio and increase staff to meet demand. As mentioned, in anticipation of increased EIDL loan portfolio and increase staff to meet demand. As mentioned, in anticipation of increased EIDL
demand, Title II of P.L. 116-123 provided the SBA with an additionaldemand, Title II of P.L. 116-123 provided the SBA with an additional ~~$20 mil ion,~~ $20 million, to remain to remain
~~available~~ available until expended, for SBA Disaster Loan Program administrative expenses. until expended, for SBA Disaster Loan Program administrative expenses.
A Government Accountability Office (GAO) report found that the SBA provided disaster loans in A Government Accountability Office (GAO) report found that the SBA provided disaster loans in
roughly 18 days or less in response to Hurricanes Harvey, Irma, and Maria in 2017.roughly 18 days or less in response to Hurricanes Harvey, Irma, and Maria in 2017.3135 Although Although
the 2017 hurricanes created a high demand at that time for SBA disaster loans, it is unclear if the 2017 hurricanes created a high demand at that time for SBA disaster loans, it is unclear if
GAO’s findings can be extrapolated to the current COVID-19 pandemic. The sheer volume of GAO’s findings can be extrapolated to the current COVID-19 pandemic. The sheer volume of
EIDL applications in response to COVID-19 could be significantly higher because COVID-19 EIDL applications in response to COVID-19 could be significantly higher because COVID-19
affects a much larger number of affects a much larger number of ~~smal~~ small businesses and organizations. In addition, the time needed for the SBA to expand the disaster loan portfolio and hire and train new and existing staff could compromise loan processing times. Loan processing times may be of significant concern to Congress and business owners alike. If loans are not processed quickly enough, businesses nationwide may suffer economic damage and, potentially, collapse. Consequently, Congress may examine options that could expedite loan processing, such as increased staffing and surge capabilities, waiving application requirements, and the use of expedited loans or bridge loans. Expedited Disaster Loans and Bridge Loans In response to criticism of SBA’s disaster loan processing following the Gulf Coast hurricanes of 2005 and 2008, Congress passed P.L. 110-234, the Small Business Disaster Response and Loan p. i, at https://www.gao.gov/products/GAO-16-41. 34 SBA, FY2021 Congressional Budget Justification FY2019 Annual Performance Report,” p. 13, at https://www.sba.gov/document/report—congressional-budget-justification-annual-performance-report (hereinafter cited as SBA, FY2021 Congressional Budget Justification FY2019 Annual Performance Report”). 35 U.S. Government Accountability Office, Disaster Loan Processing Was Timelier, but Planning Improvements and Pilot Program ~~businesses and organizations. In addition, the time needed~~

~~29 “T he Federal Credit Reform Act of 1990 (FCRA) requires agencies to estimate the cost t o the government of~~
~~extending or guaranteeing credit. T his cost, referred to as subsidy cost, equals the net present value of estimated cash~~
~~flows from the government (e.g., loan disbursements and claim payments to lenders) minus estimated cash flows to th e~~
~~government (e.g., loan repayments, interest payments, fees, and recoveries on defaulted loans) over the life of the loan,~~
~~excluding administrative costs.” See U.S. Government Accountability Office,~~ ~~Current Method to Estim ate Credit~~
~~Subsidy Costs Is More Appropriate for Budget Estim ates Than a Fair Value Approach~~ ~~, GAO-16-41, January 29, 2016,~~
~~p. i, at https://www.gao.gov/products/GAO-16-41.~~
~~30 SBA, FY2021 Congressional Budget Justification FY2019 Annu al Performance Report,” p. 13, at~~
~~https://www.sba.gov/document/report —congressional-budget-justification-annual-performance-report (hereinafter~~
~~cited as SBA, FY2021 Congressional Budget Justification FY2019 Annual Perform ance Report ”).~~
~~31 U.S. Government Accountability Office,~~ ~~Disaster Loan Processing Was Timelier, but Planning Improvements and~~
~~Pilot Program~~ Evaluation Needed, GAO-20-369, March 9, 2020, at https://www.gao.gov/products/GAO-20-168. , GAO-20-369, March 9, 2020, at https://www.gao.gov/products/GAO-20-168.
Congressional Research Service Congressional Research Service
1011 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options Improvements Act of 2008.36 The act created several programs to improve the disaster loan processing.37

~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~for the SBA to expand the disaster loan portfolio and hire and train new and existing staff could~~
~~compromise loan processing times.~~
~~Loan processing times may be of significant concern to Congress and business owners alike. If~~
~~loans are not processed quickly enough, businesses nationwide may suffer economic damage and,~~
~~potential y, collapse. Consequently, Congress may examine options that could expedite loan~~
~~processing, such as increased staffing and surge capabilities, waiving application requirements,~~
~~and the use of expedited loans or bridge loans.~~
~~Expedited Disaster Loans and Bridge Loans~~
~~In response to criticism of SBA’s disaster loan processing following the Gulf Coast hurricanes of~~
~~2005 and 2008, Congress passed P.L. 110-234, the Smal Business Disaster Response and Loan~~
~~Improvements Act of 2008.32 The act created several programs to improve the disaster loan~~
~~processing.33~~ Among them were the following: Among them were the following:
 Expedited Disaster Assistance Loan Program (EDALP) to provide eligible  Expedited Disaster Assistance Loan Program (EDALP) to provide eligible EIDL EIDL
applicants with expedited access to short-term guaranteed loans of up to applicants with expedited access to short-term guaranteed loans of up to
$150,000.$150,000.3438
 Immediate Disaster Assistance Program (IDAP) to provide eligible EIDL  Immediate Disaster Assistance Program (IDAP) to provide eligible EIDL
applicants with guaranteed bridge loans of up to $25,000 from private-sector applicants with guaranteed bridge loans of up to $25,000 from private-sector
lenders, with an SBA decision within 36 hours of a lender’s application on behalf lenders, with an SBA decision within 36 hours of a lender’s application on behalf
of a borrower.of a borrower.3539
 Private Disaster Assistance Program (PDAP) to make guaranteed loans available  Private Disaster Assistance Program (PDAP) to make guaranteed loans available
to homeowners and eligible EIDL applicants in an amount up to $2 to homeowners and eligible EIDL applicants in an amount up to $2 ~~mil ion.36~~million.40
The SBA, however, had difficulty implementing these programs. In his statement before the The SBA, however, had difficulty implementing these programs. In his statement before the
House Committee on House Committee on ~~Smal~~ Small Business, then-acting (and now the current) SBA Inspector General, Business, then-acting (and now the current) SBA Inspector General,
~~Hannibal~~ Hannibal “Mike” Ware, stated the following: “Mike” Ware, stated the following:
In In ~~the wake of disasters like Hurricane Sandy, congressional representatives expressed~~
~~concern that~~ the wake of disasters like Hurricane Sandy, congressional representatives expressed concern that SBA did not effectivelySBA did not effectively develop anddevelop and utilize programmatic innovations utilize programmatic innovations
intended to assist in disbursing funds quickly and effectively. For instance, SBA did not intended to assist in disbursing funds quickly and effectively. For instance, SBA did not
implementimplement ~~statutory provisions of the Immediate Disaster Assistance Program~~ statutory provisions of the Immediate Disaster Assistance Program (IDAP), (IDAP),
Economic Injury Disaster Assistance Program (EDAP), and the Private Disaster Assistance Economic Injury Disaster Assistance Program (EDAP), and the Private Disaster Assistance
Programs (PDAP), collectively known as the “Guaranteed Disaster Assistance Programs” Programs (PDAP), collectively known as the “Guaranteed Disaster Assistance Programs”
mandated by Congress in 2008. These provisions were enacted with the expectation that mandated by Congress in 2008. These provisions were enacted with the expectation that
they would allow SBA to provide expedited disaster loans in partnership with private sector they would allow SBA to provide expedited disaster loans in partnership with private sector
lenders. These provisions remain unimplemented.lenders. These provisions remain unimplemented.37

~~32 P.L. 110-234, the Small Business Disaster Response and Loan Improvements Act of 2008 (T itle XII, subtitle B of the~~
~~Food, Conservation, and Energy Act of 2008 ), as amended by P.L. 110-246, the Food, Conservation, and Energy Act of~~
~~2008 (T itle XII, subtitle B of the Food, Conservation, and Energy Act of 2008) (hereinafter cited as P.L. 110-234).~~
~~33 SBA,~~ 41 He added that the SBA had difficulty implementing the programs because private lenders were reluctant to participate in the program. He mentioned the following impediments: [the] cost of program participation under the current pricing structure and the lender’s lack of infrastructure to deliver loans that meet SBA standards (such as evaluating eligibility and duplication of benefits); loan terms that include longer maturities than conventional lending practices; the high cost of providing these loans; inadequate collateral security; and their lack of expertise in the home loan sector. Lenders were also concerned that loan guarantees would be denied due to improper eligibility determinations. Because these programs had limited use, Congress included a provision in P.L. 115-141, the Consolidated Appropriations Act, 2018, which permanently cancelled $2.6 million in unobligated balances available for the IDAP and the EDALP. 36 P.L. 110-234, the Small Business Disaster Response and Loan Improvements Act of 2008 (Title XII, subtitle B of the Food, Conservation, and Energy Act of 2008), as amended by P.L. 110-246, the Food, Conservation, and Energy Act of 2008 (Title XII, subtitle B of the Food, Conservation, and Energy Act of 2008) (hereinafter cited as P.L. 110-234). 37 SBA, “Immediate, Expedited, and Private Disaster Assistance Loan Programs,” 80 “Immediate, Expedited, and Private Disaster Assistance Loan Programs,” 80 Federal Register 63715-63717, 63715-63717,
October 21, 2015. October 21, 2015.
34 38 P.L. 110-234, Sec. 12085. P.L. 110-234, Sec. 12085.
3539 P.L. 110-234, Sec. 12084. P.L. 110-234, Sec. 12084.
3640 P.L. 110-234, Sec. 12083. P.L. 110-234, Sec. 12083.
~~37 T estimony~~41 Testimony of Hannibal “Mike” Ware, Acting Inspector of Hannibal “Mike” Ware, Acting Inspector ~~Gen eral~~General, United States Small, United States Small ~~Business~~ Business Administration, U.S. Administration, U.S.
Congress, HouseCongress, House Committee on Small Business,Committee on Small Business, Storm Watch: Making Sure SBA’s Disaster Loan Program Is
Prepared, 115th Cong., 1st sess., April 26, 2017, p. 33. , 115th Cong., 1st sess., April 26, 2017, p. 33.
Congressional Research Service Congressional Research Service
1112 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options The CARES Act addressed loan processing issues by authorizing the SBA Administrator, in

~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~He added that the SBA had difficulty implementing the programs because private lenders were~~
~~reluctant to participate in the program. He mentioned the following impediments:~~
~~[the] cost of program participation under the current pricing structure and the lender’s lack~~
~~of infrastructure to deliver loans that meet SBA standards (such as evaluating eligibility~~
~~and duplication of benefits); loan terms that include longer maturities than conventional~~
~~lending practices; the high cost of providing these loans; inadequate collateral security; and~~
~~their lack of expertise in the home loan sector. Lenders were also concerned that loan~~
~~guarantees would be denied due to improper eligibility determinations.~~
~~Because these programs had limited use, Congress included a provision in P.L. 115-141, the~~
~~Consolidated Appropriations Act, 2018, which permanently cancel ed $2.6 mil ion in unobligated~~
~~balances available for the IDAP and the EDALP.~~
~~The CARES Act addressed loan processing issues by authorizing the SBA Administrator, in~~
response to economic injuries caused by COVID-19, to response to economic injuries caused by COVID-19, to
 waive the “credit not available elsewhere” requirement,  waive the “credit not available elsewhere” requirement,
 approve an applicant based solely on their credit score,  approve an applicant based solely on their credit score,
 not require applicants to submit a tax return or tax return transcript for approval,  not require applicants to submit a tax return or tax return transcript for approval,
 waive any rules related to the personal guarantee on advances and loans of not  waive any rules related to the personal guarantee on advances and loans of not
more than $200,000, and more than $200,000, and
 waive the requirement that the applicant needs to be in business for the one-year  waive the requirement that the applicant needs to be in business for the one-year
period before the disaster declaration (except that no waiver may be made for a period before the disaster declaration (except that no waiver may be made for a
business that was not in operation on January 31, 2020). business that was not in operation on January 31, 2020).
SBA EIDL Repayment and Forgiveness
Under present law and regulations, the first SBA EIDL payment is Under present law and regulations, the first SBA EIDL payment is ~~normal y~~normally due five months after due five months after
disbursement. However, on March 23, 2020, the SBA announced that it would defer payments on disbursement. However, on March 23, 2020, the SBA announced that it would defer payments on
existing disaster loans through December 31, 2020, “to help borrowers during this unprecedented existing disaster loans through December 31, 2020, “to help borrowers during this unprecedented
time.”time.”3842 The SBA also announced that payments on new EIDL loans would be deferred for one The SBA also announced that payments on new EIDL loans would be deferred for one
year (interest does accrue). year (interest does accrue).
The CARES Act provides “impacted borrowers” adversely affected by COVID-19 complete The CARES Act provides “impacted borrowers” adversely affected by COVID-19 complete
payment deferment relief on a covered loan in its Paycheck Protection Program (PPP). The payment deferment relief on a covered loan in its Paycheck Protection Program (PPP). The
deferment may be for not less than six months and not more than one year if the borrower was in deferment may be for not less than six months and not more than one year if the borrower was in
operation on February 15, 2020, and has an application for a covered loan approved or pending operation on February 15, 2020, and has an application for a covered loan approved or pending
approval on or after the date of enactment. The SBA announced that PPP loan payments approval on or after the date of enactment. The SBA announced that PPP loan payments ~~wil~~ will be be
deferred for six months. However, interest deferred for six months. However, interest ~~wil~~ will continue to accrue on these loans during the six-continue to accrue on these loans during the six-
month deferment.month deferment.3943
The CARES Act also provides for PPP loan forgiveness under specified conditions related to the The CARES Act also provides for PPP loan forgiveness under specified conditions related to the
borrower’s retention of employees. Loan forgiveness is rare, but has been used in the past to help borrower’s retention of employees. Loan forgiveness is rare, but has been used in the past to help
businesses that were having difficulty repaying their loans. For example, loan forgiveness was businesses that were having difficulty repaying their loans. For example, loan forgiveness was
granted after Hurricane Betsy, when President Lyndon B. Johnson signed the Southeast Hurricane granted after Hurricane Betsy, when President Lyndon B. Johnson signed the Southeast Hurricane

~~38 SBA, “ Carranza Implements Automatic Deferment on Existing SBA Disaster Loans T hrough End of 2020 ,” March~~
~~23, 2020, at https://www.sba.gov/about -sba/sba-newsroom/press-releases-media-advisories/carranza-implements-~~
~~automatic-deferment -existing-sba-disaster-loans-through-end-2020.~~
~~39 SBA, “Business Loan Program T emporary Changes; Paycheck Protection Program,” 85 Federal Register 20813,~~
~~April 15, 2020.~~
~~Congressional Research Service~~
12

~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~Disaster Relief Act of 1965.40~~Disaster Relief Act of 1965.44 Section 3 of the act authorized the SBA Administrator to grant Section 3 of the act authorized the SBA Administrator to grant
disaster loan forgiveness or issue waivers for property lost or damaged in Florida, Louisiana, and disaster loan forgiveness or issue waivers for property lost or damaged in Florida, Louisiana, and
Mississippi as a result of the hurricane. The act stated that Mississippi as a result of the hurricane. The act stated that
to the extent such loss or damage is not compensated for by insurance or otherwise, (1) to the extent such loss or damage is not compensated for by insurance or otherwise, (1)
shall at the borrower’s option on that part of any loan in excess of $500, (A) cancel up to shall at the borrower’s option on that part of any loan in excess of $500, (A) cancel up to
$1,800 of the loan, or (B) waive interest due on the loan in a total amount of not more than $1,800 of the loan, or (B) waive interest due on the loan in a total amount of not more than
$1,800 over$1,800 over ~~a period not to exceed three years; and (2) may lend to a private ly~~ a period not to exceed three years; and (2) may lend to a privately owned owned
school, college, or university without regard to whether the required financial assistance is school, college, or university without regard to whether the required financial assistance is
otherwiseotherwise ~~available~~ available from privatefrom private sources,sources, ~~and may~~ and may waive interest paymentswaive interest payments ~~and~~ and defer defer
principal payments on such a loan for the first three years of the term of the loan.principal payments on such a loan for the first three years of the term of the loan.41
~~Disaster Grants~~
~~Historical y~~45 42 SBA, “Carranza Implements Automatic Deferment on Existing SBA Disaster Loans Through End of 2020,” March 23, 2020, at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/carranza-implements-automatic-deferment-existing-sba-disaster-loans-through-end-2020. 43 SBA, “Business Loan Program Temporary Changes; Paycheck Protection Program,” 85 Federal Register 20813, April 15, 2020. 44 P.L. 89-339, 79 Stat. 1301. 45 P.L. 89-339, 79 Stat. 1301. Congressional Research Service 13 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options Disaster Grants Historically, businesses that suffer uninsured loss as a result of a major disaster declaration are , businesses that suffer uninsured loss as a result of a major disaster declaration are
not eligiblenot eligible for Federal Emergency Management Agency (FEMA) grant assistance, and grant for Federal Emergency Management Agency (FEMA) grant assistance, and grant
assistance from other federal sources is limited. On some occasions, Congress has provided assistance from other federal sources is limited. On some occasions, Congress has provided
disaster assistance to businesses through the Department of Housing and Urban Development’s disaster assistance to businesses through the Department of Housing and Urban Development’s
(HUD’s) Community Development Block Grant (CDBG) program. The CDBG program provides (HUD’s) Community Development Block Grant (CDBG) program. The CDBG program provides
loans and grants to eligibleloans and grants to eligible businesses to help them recover from disasters as businesses to help them recover from disasters as ~~wel~~ well as grants as grants
intended to attract new businesses to the disaster-stricken area. In a few cases, CDBG has also intended to attract new businesses to the disaster-stricken area. In a few cases, CDBG has also
been used to compensate businesses and workers for lost wages or revenues. been used to compensate businesses and workers for lost wages or revenues.
Although the President issued the first major disaster declaration to New York for COVID-19, Although the President issued the first major disaster declaration to New York for COVID-19,4246
CDBG disaster assistance is not available for CDBG disaster assistance is not available for al all major disasters. States can use CDBG funding to major disasters. States can use CDBG funding to
respond to emergencies or other “urgent needs” through the conventional CDBG entitlement and respond to emergencies or other “urgent needs” through the conventional CDBG entitlement and
states program,states program,4347 but existing (or future) CDBG monies but existing (or future) CDBG monies ~~general y~~generally must be reprogrammed in must be reprogrammed in
consultation with HUD to respond to the emergency.consultation with HUD to respond to the emergency.4448 For these reasons, CDBG is For these reasons, CDBG is ~~general y~~generally used used
for long-term recovery needs rather than providing immediate, direct disaster assistance. for long-term recovery needs rather than providing immediate, direct disaster assistance.
Thus, Congress could consider providing business grants through FEMA or the SBA. Enlisting Thus, Congress could consider providing business grants through FEMA or the SBA. Enlisting
~~FEMA~~ FEMA to administer the program may offer several benefits. First, FEMA already has grant to administer the program may offer several benefits. First, FEMA already has grant
processing operations in place. It might be relatively easier to expand the operations to include processing operations in place. It might be relatively easier to expand the operations to include
~~smal~~ small businesses disaster grants rather than establishing new grant-making operations within businesses disaster grants rather than establishing new grant-making operations within
SBA. Second, having FEMA administer the SBA. Second, having FEMA administer the ~~smal~~ small business disaster grant program may limit business disaster grant program may limit
duplication of administrative functions between FEMA and SBA. Third, it would provide access duplication of administrative functions between FEMA and SBA. Third, it would provide access
to FEMA’s Disaster Relief Fund (DRF) which, as of July 31, 2020, had roughly $74 to FEMA’s Disaster Relief Fund (DRF) which, as of July 31, 2020, had roughly $74 ~~bil ion~~billion for for
disaster assistance activities.disaster assistance activities.45

~~40 P.L. 89-339, 79 Stat. 1301.~~
~~41 P.L. 89-339, 79 Stat. 1301.~~
4249 In contrast, Congress could decide to have SBA administer the program because it already has a framework in place to evaluate business disaster needs and disaster loan eligibility. Congress may need to make statutory changes to SBA’s disaster loan account or authorize a new account to receive appropriations for disaster grants. Another concern about providing grants to businesses is whether businesses provided SBA EIDL will be eligible for grant assistance. For example, in some cases homeowners and businesses that 46 Federal Emergency Management Agency, Federal Emergency Management Agency, New York Covid-19 Pandemic (DR-4480), March 3, 2020, at , March 3, 2020, at
https://www.fema.gov/disaster/4480. https://www.fema.gov/disaster/4480.
4347 For example, the City of Seattle is For example, the City of Seattle is currently administering $10,000 grants to small businessescurrently administering $10,000 grants to small businesses ~~using CDBG funds~~ using CDBG funds to to
respond to COVID-19. respond to COVID-19.
44 48 For eligible For eligible Community Development Block Grant activities related to COVID-19, see U.S.Community Development Block Grant activities related to COVID-19, see U.S. Department of Housing Department of Housing
and Urban Development, “and Urban Development, “ Quick GuideQuick Guide to CDBGto CDBG ~~Eligible~~ Eligible Activities to Support Infectious Disease Response,” March Activities to Support Infectious Disease Response,” March
19, 2020, at https://files.hudexchange.info/resources/documents/Quick-Guide-CDBG-Infectious-Disease-Response.pdf. 19, 2020, at https://files.hudexchange.info/resources/documents/Quick-Guide-CDBG-Infectious-Disease-Response.pdf.
4549 Federal Emergency Management Agency, Federal Emergency Management Agency, Disaster Relief Fund: Monthly Report, August, August 7, 2020, at 7, 2020, at
https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports. For more information on the DRF https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports. For more information on the DRF
see CRSsee CRS Report R45484, Report R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter. , by William L. Painter.
Also, on AugustAlso, on August 8, 2020, President 8, 2020, President ~~T rump~~Trump issued a memorandum directing “up to $44 billion from the Disaster Relief issued a memorandum directing “up to $44 billion from the Disaster Relief
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~In contrast, Congress could decide to have SBA administer the program because it already has a~~
~~framework in place to evaluate business disaster needs and disaster loan eligibility. Congress may~~
~~need to make statutory changes to SBA’s disaster loan account or authorize a new account to~~
~~receive appropriations for disaster grants.~~
~~Another concern about providing grants to businesses is whether businesses provided SBA EIDL~~
~~wil be eligible for grant assistance. For example, in some cases homeowners and businesses that~~
Fund at the statutorily mandated 75 percent Federal cost share be made available for lost wages assistance to eligible claimants, to supplement State expenditures in providing these payments. At least $25 billion of total DRF balances will be set aside to support ongoing disaster response and recovery efforts and potential 2020 major disaster costs.” See President Donald Trump, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019,” August 8, 2020, at https://www.whitehouse.gov/presidential-actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-coronavirus-disease-2019/. Congressional Research Service 14 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options accepted disaster loans were deemed ineligible for disaster grants. This may make some accepted disaster loans were deemed ineligible for disaster grants. This may make some
businesses reluctant to apply for SBA EIDL and instead hold out for the possibility of a grant. businesses reluctant to apply for SBA EIDL and instead hold out for the possibility of a grant.
Congress may therefore Congress may therefore ~~al ow~~allow businesses to use grant money to pay down their SBA EIDL. businesses to use grant money to pay down their SBA EIDL.
Another potential concern is waste, fraud, and abuse. For example, Section 1210 of the Disaster Another potential concern is waste, fraud, and abuse. For example, Section 1210 of the Disaster
Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) prohibits the President from Recovery Reform Act of 2018 (DRRA, Division D of P.L. 115-254) prohibits the President from
determining loans as duplicative assistance provided determining loans as duplicative assistance provided al all federal assistance is used toward loss federal assistance is used toward loss
resulting from an emergency or major disaster under the Stafford Act. Consequently, businesses resulting from an emergency or major disaster under the Stafford Act. Consequently, businesses
that obtain SBA EIDL and a grant for the same purposes would conceivably not be required to that obtain SBA EIDL and a grant for the same purposes would conceivably not be required to
pay back the duplicative award. pay back the duplicative award.
Congress could consider limiting grants to relatively Congress could consider limiting grants to relatively ~~smal~~ small businesses as compared to what is businesses as compared to what is
considered a considered a ~~smal~~ small business according to SBA size standards.business according to SBA size standards.4650 For example, business grants For example, business grants
could be limitedcould be limited to businesses with 10 or fewer employees. to businesses with 10 or fewer employees.
The CARES Act authorizes the SBA Administrator to provide up to $10,000 as an advance The CARES Act authorizes the SBA Administrator to provide up to $10,000 as an advance
payment in the amount requested within three days after receiving an EIDL application from an payment in the amount requested within three days after receiving an EIDL application from an
eligibleeligible entity. Applicants are not required to repay the advance payment, referred to in the entity. Applicants are not required to repay the advance payment, referred to in the
CARES Act as an Emergency EIDL grant, even if subsequently denied an EIDL loan. Due to CARES Act as an Emergency EIDL grant, even if subsequently denied an EIDL loan. Due to
anticipated demand, the SBA limitedanticipated demand, the SBA limited Emergency EIDL grants to $1,000 per employee, up to a Emergency EIDL grants to $1,000 per employee, up to a
maximum of $10,000. maximum of $10,000.
The CARES Act addressed waste, fraud, and abuse by providing the SBA’s OIG $25 The CARES Act addressed waste, fraud, and abuse by providing the SBA’s OIG $25 ~~mil ion~~ million for for
oversight of the SBA’s administration of its lending programs and for investigations to serve as a oversight of the SBA’s administration of its lending programs and for investigations to serve as a
general deterrent to fraud, waste, and abuse. general deterrent to fraud, waste, and abuse.
Also, as mentioned, the Economic Aid to Hard-Hit Also, as mentioned, the Economic Aid to Hard-Hit ~~Smal~~ Small Businesses, Nonprofits, and Venues Act Businesses, Nonprofits, and Venues Act
(Division (Division MN, Title III of the Consolidated Appropriations Act of 2021), appropriated an additional , Title III of the Consolidated Appropriations Act of 2021), appropriated an additional
$20 $20 ~~bil ion~~ billion for the EIDL Targeted advance payment (grant) program. SBA’s OIG is to receive for the EIDL Targeted advance payment (grant) program. SBA’s OIG is to receive
~~$20 mil ion~~ $20 million of that amount “to prevent waste, fraud, and abuse” in the awarding of the grants.of that amount “to prevent waste, fraud, and abuse” in the awarding of the grants.
SBA EIDL Interest Rates
According to the SBA’s March 17, 2020, press release, SBA EIDL interest rates for COVD-19 According to the SBA’s March 17, 2020, press release, SBA EIDL interest rates for COVD-19
~~are 3.75% for businesses and 2.75% for nonprofit organizations.47~~

~~Fund at the statutorily mandated 75 percent Federal cost share be made available for lost wages assistance to eligible~~
~~claimants, to supplement State expenditures in providing these payments. At least $25 billion of total DRF balances~~
~~will be set aside to support ongoing disaster response and recovery efforts and potential 2020 maj or disaster costs.” See~~
~~President Donald T rump, “ Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster~~
~~Declarations Related to Coronavirus Disease 2019 ,” August 8, 2020, at https://www.whitehouse.gov/presidential-~~
~~actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-coronavirus-disease-~~
~~2019/.~~
~~46 For more information and analysis concerning SBA size standards, see CRS Report R40860,~~ ~~Small Business Size~~
~~Standards: A Historical Analysis of Contem porary Issues, by Robert Jay Dilger.~~
47 Small Business Administration, SBA Updates Criteria on States for Requesting Disaster Assistance Loans for Small
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

are 3.75% for businesses and 2.75% for nonprofit organizations.51 SBA disaster loan interest rates have been a long-standing congressional concern. First, there is SBA disaster loan interest rates have been a long-standing congressional concern. First, there is
concern about the ability of disaster victims to pay off their loans. Second, there is concern about concern about the ability of disaster victims to pay off their loans. Second, there is concern about
how interest rates are determined given the complexity of the statutory language about disaster how interest rates are determined given the complexity of the statutory language about disaster
loan interest rates. 15 U.S.C. §636(d)(5)(C)) states that interest rates are “in the case of a loan interest rates. 15 U.S.C. §636(d)(5)(C)) states that interest rates are “in the case of a
business, private nonprofit organization, or other concern, including agricultural cooperatives, business, private nonprofit organization, or other concern, including agricultural cooperatives,
unable to obtain credit elsewhere, not to exceed 4 per centum per annum.”unable to obtain credit elsewhere, not to exceed 4 per centum per annum.”4852 To determine EIDL To determine EIDL
interest rates, SBA uses a formula under 15 U.S.C. §636(d)(4)(A): interest rates, SBA uses a formula under 15 U.S.C. §636(d)(4)(A):
Notwithstanding the provisions of the constitution of any Notwithstanding the provisions of the constitution of any State or the laws of anyState or the laws of any State State
limiting the rate or amount of interest which may be charged, taken, received, or reserved, limiting the rate or amount of interest which may be charged, taken, received, or reserved,
50 For more information and analysis concerning SBA size standards, see CRS Report R40860, Small Business Size Standards: A Historical Analysis of Contemporary Issues, by Robert Jay Dilger. 51 Small Business Administration, SBA Updates Criteria on States for Requesting Disaster Assistance Loans for Small Businesses Impacted by Coronavirus (COVID-19), March 17, 2020, at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/sba-updates-criteria-states-requesting-disaster-assistance-loans-small-businesses-impacted. 52 Only businesses and nonprofit organizations that cannot get credit elsewhere are eligible for SBA EIDL. Congressional Research Service 15 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options the maximum ~~the maximum~~ legal rate of interest on any financing made on a deferred basis pursuant to legal rate of interest on any financing made on a deferred basis pursuant to
thisthis ~~subsection shall not exceed a rate prescribed by the Administration, and the rate~~ subsection shall not exceed a rate prescribed by the Administration, and the rate of of
interest for the Administration’s share of any direct or immediate participation loan interest for the Administration’s share of any direct or immediate participation loan ~~shal~~
shall not exceed the current average market yield on outstanding marketable obligations of the not exceed the current average market yield on outstanding marketable obligations of the
United States with remaining periods to maturity comparable to the average maturities of United States with remaining periods to maturity comparable to the average maturities of
such loans and adjusted to the nearest one-eighth of 1 per centum, and an additional amount such loans and adjusted to the nearest one-eighth of 1 per centum, and an additional amount
as determined by the Administration, but not to exceed 1 per centum per annum: Provided, as determined by the Administration, but not to exceed 1 per centum per annum: Provided,
That for those loans to assist any public or private organization for the handicapped or to That for those loans to assist any public or private organization for the handicapped or to
assistassist ~~any handicapped individual as provided in paragraph (10) of this subsection,~~ any handicapped individual as provided in paragraph (10) of this subsection, the the
interest rate shall be 3 per centum per annum. interest rate shall be 3 per centum per annum.
Congress could request SBA to reevaluate its interpretation of 15 U.S.C. §636(d)(4)(A) and Congress could request SBA to reevaluate its interpretation of 15 U.S.C. §636(d)(4)(A) and
provide detailed information explaining how the formula provides nonprofit organizations with provide detailed information explaining how the formula provides nonprofit organizations with
lower interest rates than lower interest rates than ~~smal~~ small businesses. Alternatively, Congress could change the formula businesses. Alternatively, Congress could change the formula
under the under the ~~Smal~~ Small Business Act if it considered the language ambiguous, or it could designate an Business Act if it considered the language ambiguous, or it could designate an
interest rate (including a zero interest rate) for interest rate (including a zero interest rate) for al all SBA EIDL for the duration of COVID-19. SBA EIDL for the duration of COVID-19.
SBA Capital Access Programs
Overview
The SBA has authority to make direct loans but, with the exception of disaster loans and loans to The SBA has authority to make direct loans but, with the exception of disaster loans and loans to
Microloan program intermediaries, has not exercised that authority since 1998.Microloan program intermediaries, has not exercised that authority since 1998.4953 The SBA The SBA
indicated that it stopped issuing direct business loans primarily because the subsidy rate was “10 indicated that it stopped issuing direct business loans primarily because the subsidy rate was “10
to 15 times higher” than the subsidy rate for its loan guaranty programs.to 15 times higher” than the subsidy rate for its loan guaranty programs.5054 Instead of making direct loans, the SBA guarantees loans issued by approved lenders to encourage those lenders to provide loans to small businesses “that might not otherwise obtain financing on reasonable terms and conditions.”55 With few exceptions, to qualify for SBA assistance, an organization must be both a for-profit business and small.56 53 ~~Instead of making~~

Businesses Im pacted by Coronavirus (COVID-19), March 17, 2020, at https://www.sba.gov/about-sba/sba-newsroom/
~~press-releases-media-advisories/sba-updates-criteria-states-requesting-disaster-assistance-loans-small-businesses-~~
~~impacted.~~
~~48 Only businesses and nonprofit organizations that cannot get credit elsewhere are eligible for SBA EIDL .~~
49 Prior to October 1, 1985, the SBA provided direct business Prior to October 1, 1985, the SBA provided direct business loans to qualifiedloans to qualified ~~small~~ small businesses.businesses. From October 1, From October 1,
1985, to September 30, 1994, SBA direct business1985, to September 30, 1994, SBA direct business loan eligibility wasloan eligibility was limited to qualifiedlimited to qualified small businessessmall businesses ~~owned~~ owned by by
individualsindividuals with low incomes or located in areas of high unemployment, owned by Vietnam-era or disabledwith low incomes or located in areas of high unemployment, owned by Vietnam-era or disabled veterans, veterans,
ownedowned by the handicapped or certain organizations employing them, and certified under the minority small business by the handicapped or certain organizations employing them, and certified under the minority small business
capital ownership development program. Microloan program intermediaries were also eligible.capital ownership development program. Microloan program intermediaries were also eligible. On October 1, 1994, On October 1, 1994,
SBASBA direct loan eligibilitydirect loan eligibility ~~was~~ was limited to Microloan program intermediaries and small businesseslimited to Microloan program intermediaries and small businesses ~~owned~~ owned by the by the
handicapped. Fundinghandicapped. Funding to support direct loans to the handicapped through the Handicapped Assistance (renamed the to support direct loans to the handicapped through the Handicapped Assistance (renamed the
DisabledDisabled Assistance) Loan program endedAssistance) Loan program ended in 1996. in 1996. ~~T he~~The last loan under the Disabled last loan under the Disabled Assistance Loan program was Assistance Loan program was
issuedissued in FY1998. See U.S.in FY1998. See U.S. Congress, HouseCongress, House Committee on Small Business,Committee on Small Business, ~~Sum m ary~~ Summary of Activities, 105rd Cong., 2nd , 105rd Cong., 2nd
sess.,sess., January 2, 1999, H.Rept. 105-849 (Washington, DC: GPO, 1999), p. 8. January 2, 1999, H.Rept. 105-849 (Washington, DC: GPO, 1999), p. 8.
50 54 U.S. U.S. Congress, Senate Committee on Small Business,Congress, Senate Committee on Small Business, Hearing on the Proposed Fiscal Year 1995 Budget for the
~~Sm all Business Adm inistration~~Small Business Administration, 103rd Cong., 2nd sess., February 22, 1994, S.Hrg., 103rd Cong., 2nd sess., February 22, 1994, S.Hrg. 103-583 (Washington, DC: GPO, 1994), p. 20. 55 SBA, Fiscal Year 2010 Congressional Budget Justification, p. 30, at https://www.sba.gov/sites/default/files/Congressional_Budget_Justification_2010.pdf. 56 The SBA provides financial assistance to nonprofit organizations to provide training to small business owners and to provide loans to small businesses through the SBA Microloan program. Also, nonprofit child care centers are eligible to participate in SBA’s Microloan program. Congressional Research Service 16 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options ~~103-583 (Washington, DC: GPO,~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~direct loans, the SBA guarantees loans issued by approved lenders to encourage those lenders to~~
~~provide loans to smal businesses “that might not otherwise obtain financing on reasonable terms~~
~~and conditions.”51 With few exceptions, to qualify for SBA assistance, an organization must be~~
~~both a for-profit business and smal .52~~
What Is a “Small Business”?
To participate in any of the SBA loan guaranty programs, a business must meet the To participate in any of the SBA loan guaranty programs, a business must meet the ~~Smal~~
Small Business Act’s definition of Business Act’s definition of small business. This is a business that . This is a business that
 is organized for profit;  is organized for profit;
 has a place of business in the United States;  has a place of business in the United States;
 operates primarily within the United States or makes a significant contribution to  operates primarily within the United States or makes a significant contribution to
the U.S. economy through payment of taxes or use of American products, the U.S. economy through payment of taxes or use of American products,
materials, or labor; materials, or labor;
 is independently owned and operated;  is independently owned and operated;
 is not dominant in its field on a national basis; is not dominant in its field on a national basis;5357 and and
 does not exceed size standards established, and updated  does not exceed size standards established, and updated ~~periodical y~~periodically, by the , by the
SBA. SBA.5458
The business may be a sole proprietorship, partnership, corporation, or any other legal form. The business may be a sole proprietorship, partnership, corporation, or any other legal form.
What Is “Small”?5559
The SBA uses two measures to determine if a business is The SBA uses two measures to determine if a business is ~~smal~~ small: SBA-derived industry specific : SBA-derived industry specific
size standards or a combination of the business’s net worth and net income. For example, size standards or a combination of the business’s net worth and net income. For example,
businesses participating in the SBA’s 7(a) loan guaranty program are deemed businesses participating in the SBA’s 7(a) loan guaranty program are deemed ~~smal~~ small if they either if they either
meet the SBA’s industry-specific size standards for firms in 1,047 industrial classifications in 18 meet the SBA’s industry-specific size standards for firms in 1,047 industrial classifications in 18
subindustry activities described in the North American Industry Classification System (NAICS) subindustry activities described in the North American Industry Classification System (NAICS)
or do not have more than $15 or do not have more than $15 ~~mil ion~~ million in tangible net worth and not more than $5 in tangible net worth and not more than $5 ~~mil ion~~million in in
average net income after federal taxes (excluding any carryover losses) for the two full fiscal average net income after federal taxes (excluding any carryover losses) for the two full fiscal
years before the date of the application. years before the date of the application. Al All of the company’s subsidiaries, parent companies, and of the company’s subsidiaries, parent companies, and
affiliates are considered in determining if it meets the size standard.affiliates are considered in determining if it meets the size standard.5660
The SBA’s industry size standards vary by industry, and they are based on one of the following The SBA’s industry size standards vary by industry, and they are based on one of the following
four measures: the firm’s (1) average annual receipts in the previous three (or five) years, (2) four measures: the firm’s (1) average annual receipts in the previous three (or five) years, (2)

~~1994), p. 20.~~
~~51 SBA, Fiscal Year 2010 Congressional Budget Justification, p. 30, at https://www.sba.gov/sites/default/files/~~
~~Congressional_Budget_Justification_2010.pdf.~~
~~52 T he SBA provides financial assistance to nonprofit organizations to provide training to small business owners and to~~
~~provide loans to small businesses through the SBA Microloan program. Also, nonprofit child care centers are eligible~~
~~to participate in SBA’s Microloan program.~~
~~53 13 C.F.R. §121.105.~~
~~54 P.L. 111-240, the Small Business Jobs Act of 2010, requires the SBA to conduct a detailed review of not less than~~
~~one-third of the SBA’s industry size standards every 18 months beginning on the new law’s date of enactment~~
~~(September 27, 2010) and ensure that each size standard is reviewed at least once every five years.~~
~~55 For additional information and analysis, see CRS Report R40860,~~ ~~Small Business Size Standards: A Historical~~
~~Analysis of Contem porary Issues, by Robert Jay Dilger.~~
~~56 13 C.F.R. §121.201 and P.L. 111-240, the Small Business Act of 2010, §1116. Alternative Size Standards.~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~number of employees, (3) asset size, or (4) for refineries, a combination of number of employees~~
~~and barrel per day refining capacity. Historical y, the SBA has used the number of employees to~~
~~determine if manufacturing and mining companies are smal and average annual receipts for most~~
~~other industries.~~
~~The SBA’s size standards are designed to encourage competition within each industry. They are~~
~~derived through an assessment of the following four economic factors: “average firm size,~~
~~average assets size as a proxy of start-up costs and entry barriers, the 4-firm concentration ratio as~~
~~a measure of industry competition, and size distribution of firms.”57 The SBA also considers the~~
~~ability of smal~~ number of employees, (3) asset size, or (4) for refineries, a combination of number of employees and barrel per day refining capacity. Historically, the SBA has used the number of employees to determine if manufacturing and mining companies are small and average annual receipts for most other industries. The SBA’s size standards are designed to encourage competition within each industry. They are derived through an assessment of the following four economic factors: “average firm size, average assets size as a proxy of start-up costs and entry barriers, the 4-firm concentration ratio as a measure of industry competition, and size distribution of firms.”61 The SBA also considers the 57 13 C.F.R. §121.105. 58 P.L. 111-240, the Small Business Jobs Act of 2010, requires the SBA to conduct a detailed review of not less than one-third of the SBA’s industry size standards every 18 months beginning on the new law’s date of enactment (September 27, 2010) and ensure that each size standard is reviewed at least once every five years. 59 For additional information and analysis, see CRS Report R40860, Small Business Size Standards: A Historical Analysis of Contemporary Issues, by Robert Jay Dilger. 60 13 C.F.R. §121.201 and P.L. 111-240, the Small Business Act of 2010, §1116. Alternative Size Standards. 61 SBA, Office of Government Contracting and Business Development, “SBA Size Standards Methodology,” April 2019, p. 29, at https://www.sba.gov/document/support—size-standards-methodology-white-paper (hereinafter cited as Congressional Research Service 17 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options ability of small businesses to compete for federal contracting opportunities and, when necessary, businesses to compete for federal contracting opportunities and, when necessary,
several secondary factors “as they are relevant to the industries and the interests of several secondary factors “as they are relevant to the industries and the interests of ~~smal~~
small businesses, including technological change, competition among industries, industry growth businesses, including technological change, competition among industries, industry growth
trends, and impacts of size standard revisions on trends, and impacts of size standard revisions on ~~smal~~ small businesses.”businesses.”58
62 SBA Loan Guarantee Programs
Overview
The SBA provides loan guarantees for The SBA provides loan guarantees for ~~smal~~ small businesses that cannot obtain credit elsewhere. Its businesses that cannot obtain credit elsewhere. Its
largest loan guaranty programs are the 7(a) loan guaranty program, the 504/CDC loan guaranty largest loan guaranty programs are the 7(a) loan guaranty program, the 504/CDC loan guaranty
program, and the Microloan program. program, and the Microloan program.
The SBA’s loan guaranty programs require personal guarantees from borrowers and share the risk The SBA’s loan guaranty programs require personal guarantees from borrowers and share the risk
of default with lenders by making the guaranty less than 100%. In the event of a default, the of default with lenders by making the guaranty less than 100%. In the event of a default, the
borrower owes the amount contracted less the value of any collateral liquidated. The SBA can borrower owes the amount contracted less the value of any collateral liquidated. The SBA can
attempt to recover the unpaid debt through administrative offset, salary offset, or IRS tax refund attempt to recover the unpaid debt through administrative offset, salary offset, or IRS tax refund
offset. Most types of businesses are eligible for loan guarantees. A list of ineligibleoffset. Most types of businesses are eligible for loan guarantees. A list of ineligible businesses businesses
(such as insurance companies, real estate investment firms, firms involved in financial (such as insurance companies, real estate investment firms, firms involved in financial
speculation or pyramid sales, and businesses involved in speculation or pyramid sales, and businesses involved in ~~il egal~~ illegal activities) is contained in 13 activities) is contained in 13
C.F.R. §120.110.C.F.R. §120.110.5963 With one exception, nonprofit and charitable organizations are also With one exception, nonprofit and charitable organizations are also
ineligible.ineligible.6064
Most of these programs charge fees to help offset program costs, including costs related to loan Most of these programs charge fees to help offset program costs, including costs related to loan
defaults. In most instances, the fees are set in statute. For example, for 7(a) loans with a maturity defaults. In most instances, the fees are set in statute. For example, for 7(a) loans with a maturity
exceeding 12 months, the SBA is authorized to charge lenders an up-front guaranty fee of up to exceeding 12 months, the SBA is authorized to charge lenders an up-front guaranty fee of up to
2% for the SBA guaranteed portion of loans of $150,000 or less, up to 3% for the SBA guaranteed 2% for the SBA guaranteed portion of loans of $150,000 or less, up to 3% for the SBA guaranteed
portion of loans exceeding $150,000 but not more than $700,000, and up to 3.5% for the SBA portion of loans exceeding $150,000 but not more than $700,000, and up to 3.5% for the SBA
guaranteed portion of loans exceeding $700,000. Lenders who have a 7(a) loan that has a SBA guaranteed portion of loans exceeding $700,000. Lenders who have a 7(a) loan that has a SBA
guaranteed portion in excess of $1 guaranteed portion in excess of $1 ~~mil ion~~million can be charged an additional fee not to exceed 0.25% can be charged an additional fee not to exceed 0.25%
~~of the guaranteed amount in excess of $1 mil ion.~~

~~57 SBA, Office of Government Contracting and Business Development, “SBA Size Standards Methodology,” April~~
~~2019, p. 29, at https://www.sba.gov/document/support —size-standards-methodology-white-paper (hereinafter cited as~~
~~SBA, “SBA Size Standards Methodology”).~~
~~58 SBA, “SBA Size Standards Methodology,” p. 1.~~
~~59 T itle 13 of the Code of Federal Regulations can be viewed at https://www.gpo.gov/fdsys/browse/~~
~~collectionCfr.action?selectedYearFrom=2016&go=Go.~~
~~60 P.L. 105-135, the Small Business Reauthorization Act of 1997, expanded the SBA’s Microloan program’s eligibility~~
~~to include borrowers establishing a nonprofit child care business.~~
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of the guaranteed amount in excess of $1 million. 7(a) loans are also subject to an ongoing servicing fee not to exceed 0.55% of the outstanding 7(a) loans are also subject to an ongoing servicing fee not to exceed 0.55% of the outstanding
balance of the guaranteed portion of the loan.balance of the guaranteed portion of the loan.6165 In addition, lenders are authorized to collect fees In addition, lenders are authorized to collect fees
from borrowers to offset their administrative expenses. from borrowers to offset their administrative expenses.
In an effort to assist In an effort to assist ~~smal~~ small business owners, the SBA has, from time-to-time, reduced its fees. For business owners, the SBA has, from time-to-time, reduced its fees. For
example, in FY2019, the SBA waived the annual service fee for 7(a) loans of $150,000 or less example, in FY2019, the SBA waived the annual service fee for 7(a) loans of $150,000 or less
made to made to ~~smal~~ small businesses located in a rural area or a HUBZonebusinesses located in a rural area or a HUBZone and reduced the up-front one-time and reduced the up-front one-time
guaranty fee for these loans from 2% to 0.6667% of the guaranteed portion of the loan.guaranty fee for these loans from 2% to 0.6667% of the guaranteed portion of the loan.6266 SBA, “SBA Size Standards Methodology”). 62 SBA, “SBA Size Standards Methodology,” p. 1. 63 Title 13 of the Code of Federal Regulations can be viewed at https://www.gpo.gov/fdsys/browse/collectionCfr.action?selectedYearFrom=2016&go=Go. 64 P.L. 105-135, the Small Business Reauthorization Act of 1997, expanded the SBA’s Microloan program’s eligibility to include borrowers establishing a nonprofit child care business. 65 15 U.S.C. §636(a)(23)(a). 66 SBA, “SBA Information Notice: 7(a) Fees Effective on October 1, 2018,” at https://www.sba.gov/document/information-notice-5000-180010-7a-fees-effective-october-1-2018. Congressional Research Service 18 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options
In addition, pursuant to P.L. 114-38, the Veterans Entrepreneurship Act of 2015, the SBA is In addition, pursuant to P.L. 114-38, the Veterans Entrepreneurship Act of 2015, the SBA is
required to waive the up-front, one-time guaranty fee on required to waive the up-front, one-time guaranty fee on al all veteran loans under the 7(a) veteran loans under the 7(a)
SBAExpress program (up to and including $350,000) “except during any upcoming fiscal year SBAExpress program (up to and including $350,000) “except during any upcoming fiscal year
for which the President’s budget, submitted to Congress, includes a cost for the 7(a) program, in for which the President’s budget, submitted to Congress, includes a cost for the 7(a) program, in
its entirety, that is above zero.”its entirety, that is above zero.”6367
The SBA’s goal is to achieve a zero subsidy rate, meaning that the appropriation of budget The SBA’s goal is to achieve a zero subsidy rate, meaning that the appropriation of budget
authority for new loan guaranties is not required. authority for new loan guaranties is not required.
7(a) Loan Guaranty ~~Program64~~Program68
The 7(a) loan guaranty program is named after the section of the The 7(a) loan guaranty program is named after the section of the ~~Smal~~ Small Business Act that Business Act that
authorizes it. The loans are made by SBAauthorizes it. The loans are made by SBA lending partners (mostly banks but also some other lending partners (mostly banks but also some other
financial institutions) and financial institutions) and ~~partial y~~partially guaranteed by the SBA. Borrowers may use 7(a) loan proceeds guaranteed by the SBA. Borrowers may use 7(a) loan proceeds
to establish a new business or to assist in the operation, acquisition, or expansion of an existing to establish a new business or to assist in the operation, acquisition, or expansion of an existing
business. 7(a) loan proceeds may be used to business. 7(a) loan proceeds may be used to
 acquire land (by purchase or lease);  acquire land (by purchase or lease);
 improve a site (e.g., grading, streets, parking lots, landscaping), including up to  improve a site (e.g., grading, streets, parking lots, landscaping), including up to
5% for community improvements such as curbs and sidewalks; 5% for community improvements such as curbs and sidewalks;
 purchase one or more existing buildings;  purchase one or more existing buildings;
 convert, expand, or renovate one or more existing buildings;  convert, expand, or renovate one or more existing buildings;
 construct one or more new buildings;  construct one or more new buildings;
 acquire (by purchase or lease) and  acquire (by purchase or lease) and ~~instal~~ install fixed assets; fixed assets;
 purchase inventory, supplies, and raw materials;  purchase inventory, supplies, and raw materials;
 finance working capital; and  finance working capital; and
 refinance certain outstanding debts. refinance certain outstanding debts.65

~~61 15 U.S.C. §636(a)(23)(a).~~
~~62 SBA, “SBA Information Notice: 7(a) Fees Effective on October 1, 201 8,” at https://www.sba.gov/document/~~
~~information-notice-5000-180010-7a-fees-effective-october-1-2018.~~
~~63 T he SBA~~ 69 In FY2020, the SBA approved 42,302 7(a) loans, totaling $22.6 billion.70 In FY2019, there were 1,708 active lending partners providing 7(a) loans. The 7(a) program’s current guaranty rate is 85% for loans of $150,000 or less and 75% for loans greater than $150,000 (up to a maximum guaranty of $3.75 million, or 75% of $5 million).71 Although the SBA’s offer to guarantee a loan provides an incentive for lenders to make the loan, lenders are not required to do so. 67 The SBA had waived the up-front, one-time guaranty fee on all veteran loans under the 7(a) SBAExpress program had waived the up-front, one-time guaranty fee on all veteran loans under the 7(a) SBAExpress program
from January 1, 2014, through the end of FY2015. P.L. 114-38 made the SBAExpress program’s veteran fee waiver from January 1, 2014, through the end of FY2015. P.L. 114-38 made the SBAExpress program’s veteran fee waiver
permanent, except during any upcoming fiscal year for which the President’s budget,permanent, except during any upcoming fiscal year for which the President’s budget, submitted to Congress, includessubmitted to Congress, includes a a
cost for the 7(a) program, in its entirety, that is above zero. cost for the 7(a) program, in its entirety, that is above zero. ~~T he SBA waived~~ The SBA waived the fee, pursuant to P.L. 114-38, in the fee, pursuant to P.L. 114-38, in
FY2016, FY2017, FY2018, and FY2019. FY2016, FY2017, FY2018, and FY2019.
6468 For further information and analysis, see CRS For further information and analysis, see CRS Report R41146, Report R41146, Small Business Administration 7(a) Loan Guaranty
Program , by Robert Jay Dilger. , by Robert Jay Dilger.
6569 13 C.F.R. §120.120. 70 SBA, “Weekly Approvals Report with data as of 9/30 for each FY,” September 30, 2020, at https://www.sba.gov/sites/default/files/2020-10/WebsiteReport_asof_20200930-508.pdf. 71 Exceptions to this general schedule of guaranty rates include loans made under the International Trade, Export Working Capital Program, or Export Express (90% guaranty); and the SBAExpress program (50% guaranty). Congressional Research Service 19 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options ~~13 C.F.R. §120.120.~~
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~~In FY2020, the SBA approved 42,302 7(a) loans, totaling $22.6 bil ion.66 In FY2019, there were~~
~~1,708 active lending partners providing 7(a) loans.~~
~~The 7(a) program’s current guaranty rate is 85% for loans of $150,000 or less and 75% for loans~~
~~greater than $150,000 (up to a maximum guaranty of $3.75 mil ion, or 75% of $5 mil ion).67~~
~~Although the SBA’s offer to guarantee a loan provides an incentive for lenders to make the loan,~~
~~lenders are not required to do so.~~
A 7(a) loan is required to have the shortest appropriate term, depending upon the borrower’s A 7(a) loan is required to have the shortest appropriate term, depending upon the borrower’s
abilityability to repay. The maximum term is 10 years, unless the loan finances or refinances real estate to repay. The maximum term is 10 years, unless the loan finances or refinances real estate
or equipment with a useful life exceeding 10 years. In that case, the loan term can be up to 25 or equipment with a useful life exceeding 10 years. In that case, the loan term can be up to 25
years, including extensions.years, including extensions.6872
Lenders are permitted to charge borrowers fees to recoup specified expenses and are Lenders are permitted to charge borrowers fees to recoup specified expenses and are ~~al owed~~allowed to to
charge borrowers “a reasonable fixed interest rate” or, with the SBA’s approval, a variable charge borrowers “a reasonable fixed interest rate” or, with the SBA’s approval, a variable
interest rate. The SBA uses a multistep formula to determine the maximum interest rate. The SBA uses a multistep formula to determine the maximum ~~al owable~~allowable fixed fixed
interest rate for interest rate for al all 7(a) loans (with the exception of the Export Working Capital Program and 7(a) loans (with the exception of the Export Working Capital Program and
Community Advantage loans) and Community Advantage loans) and ~~periodical y~~periodically publishes that rate and the maximum publishes that rate and the maximum ~~al owable~~
allowable variable interest rate in the variable interest rate in the Federal Register..69
73 In December 2020, the maximum In December 2020, the maximum ~~al owable~~allowable fixed interest rates are 11.25% for 7(a) loans of fixed interest rates are 11.25% for 7(a) loans of
$25,000 or less; 10.25% for loans over $25,000 but not exceeding $50,000; 9.25% for loans over $25,000 or less; 10.25% for loans over $25,000 but not exceeding $50,000; 9.25% for loans over
$50,000 up to and including $250,000; and 8.25% for loans greater than $250,000.$50,000 up to and including $250,000; and 8.25% for loans greater than $250,000.7074
Maximum interest rates Maximum interest rates ~~al owed~~allowed on variable-rate 7(a) loans are pegged to either the prime rate, on variable-rate 7(a) loans are pegged to either the prime rate,
the 30-day London Interbank Offered Rate (LIBOR) plus 3%, or the SBA optional peg rate, the 30-day London Interbank Offered Rate (LIBOR) plus 3%, or the SBA optional peg rate,
which is a weighted average of rates that the federal government pays for loans with maturities which is a weighted average of rates that the federal government pays for loans with maturities
similar to the guaranteed loan. The similar to the guaranteed loan. The ~~al owed~~allowed spread over the prime rate, LIBOR base rate, or SBA spread over the prime rate, LIBOR base rate, or SBA
optional peg rate depends on the loan amount and the loan’s maturity (under seven years or seven optional peg rate depends on the loan amount and the loan’s maturity (under seven years or seven
years or more).years or more).7175 The adjustment period can be no more than monthly and cannot change over the The adjustment period can be no more than monthly and cannot change over the
~~life of the loan.~~

~~66 SBA, “Weekly Approvals Report with data as of 9/30 for each FY,” September 30, 2020, at https://www.sba.gov/~~
~~sites/default/files/2020-10/WebsiteReport_asof_20200930-508.pdf.~~
~~67 Exceptions to this general schedule of guaranty rates include loans made under the International T rade, Export~~
~~Working Capital Program, or Export Express (90% guaranty); and the SBAExpress program (50% guaranty).~~
~~68 13 C.F.R. §120.212. A portion of a 7(a) loan used to acquire or improve real property may have a term of 25 years~~
~~plus an additional period needed to complete the construction or improvements.~~
69life of the loan. The 504/CDC Loan Guaranty Program76 The 504/CDC loan guaranty program uses Certified Development Companies (CDCs), which are private, nonprofit corporations established to contribute to economic development within their communities. Each CDC has its own geographic territory. The program provides long-term, fixed-rate loans for major fixed assets, such as land, structures, machinery, and equipment. Program loans cannot be used for working capital, inventory, or repaying debt. A commercial lender provides up to 50% of the financing package, which is secured by a senior lien. The 72 13 C.F.R. §120.212. A portion of a 7(a) loan used to acquire or improve real property may have a term of 25 years plus an additional period needed to complete the construction or improvements. 73 For fixed interest rates, the SBA, effective November 6, 2018, uses the prime rate (see 13 C.F.R. For fixed interest rates, the SBA, effective November 6, 2018, uses the prime rate (see 13 C.F.R. §120.214(c)) in §120.214(c)) in
effect on the first businesseffect on the first business day of the month as the base rate and increases the maximum allowableday of the month as the base rate and increases the maximum allowable interest rate spread interest rate spread
as follows:as follows: for fixed rate loans of $25,000 or less, prime plusfor fixed rate loans of $25,000 or less, prime plus 600 basis600 basis points, points, ~~p lus~~plus the 200 basis points permitted by 13 the 200 basis points permitted by 13
C.F.R.C.F.R. §120.215; for fixed rate loans over $25,000 but not exceeding $50,000, prime plus 600 basis points, plus the 100 §120.215; for fixed rate loans over $25,000 but not exceeding $50,000, prime plus 600 basis points, plus the 100
basisbasis points permitted by 13 C.F.R. §120.215; for fixed rate loans greater than $50,000 but not exceeding $250,000, points permitted by 13 C.F.R. §120.215; for fixed rate loans greater than $50,000 but not exceeding $250,000,
prime plusprime plus 600 basis600 basis points; and for fixed rate loans over $250,000, prime plus 500 basis points. SBA,points; and for fixed rate loans over $250,000, prime plus 500 basis points. SBA, “ “Maximum Maximum
Allowable Allowable 7(a) Fixed Interest Rates,” 837(a) Fixed Interest Rates,” 83 Federal Register 55478, November 6, 2018. For the previously used fixed 55478, November 6, 2018. For the previously used fixed
interest rates formula, see SBA,interest rates formula, see SBA, ~~“ Business~~ “Business Loan Program Maximum AllowableLoan Program Maximum Allowable Fixed Rate,” 74 Fixed Rate,” 74 Federal Register
50263-50264, September 30, 2009. 50263-50264, September 30, 2009.
70 74 Colson Services Corp., “SBA Colson Services Corp., “SBA ~~Base~~ Base Rates,” NewRates,” New York, at https://colsonservices.bnymellon.com/news/sba-base-York, at https://colsonservices.bnymellon.com/news/sba-base-
rates.jsp. rates.jsp.
~~71 T he~~75 The maximum variable interest rates allowed for 7(a) loans with a maturity less than seven years are the base maximum variable interest rates allowed for 7(a) loans with a maturity less than seven years are the base rate rate
plusplus 4.25% for loans less4.25% for loans less than $25,000; the base rate plus 3.25% for loans of $25,000-$50,000; and the base rate plus than $25,000; the base rate plus 3.25% for loans of $25,000-$50,000; and the base rate plus
2.25% for loans over $50,000. 2.25% for loans over $50,000. ~~T he~~The maximum variable interest rates allowed for 7(a) loans with a maturity of seven maximum variable interest rates allowed for 7(a) loans with a maturity of seven
years or longer are the base rate plus 4.75% for loans less than $25,000; the base rate plus 3.75% for loans of $25,000-years or longer are the base rate plus 4.75% for loans less than $25,000; the base rate plus 3.75% for loans of $25,000-
$50,000; and the base rate plus 2.75% for loans over $50,000. See 13 C.F.R. §120.214 and 13 C.F.R.$50,000; and the base rate plus 2.75% for loans over $50,000. See 13 C.F.R. §120.214 and 13 C.F.R. §120.215. 76 For further information and analysis, see CRS Report R41184, Small Business Administration~~§120.215.~~
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~~The~~ 504/CDC Loan Guaranty Program, by Robert Jay Dilger. Congressional Research Service 20 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options ~~Guaranty Program72~~
~~The 504/CDC loan guaranty program uses Certified Development Companies (CDCs), which are~~
~~private, nonprofit corporations established to contribute to economic development within their~~
~~communities. Each CDC has its own geographic territory. The program provides long-term,~~
~~fixed-rate loans for major fixed assets, such as land, structures, machinery, and equipment.~~
~~Program loans cannot be used for working capital, inventory, or repaying debt. A commercial~~
~~lender provides up to 50% of the financing package, which is secured by a senior lien. The~~
CDC’s loan of up to 40% is secured by a junior lien. The SBA backs the CDC with a guaranteed CDC’s loan of up to 40% is secured by a junior lien. The SBA backs the CDC with a guaranteed
debenture.debenture.7377 The The ~~smal~~ small business must contribute at least 10% as equity. business must contribute at least 10% as equity.
To participate in the program, To participate in the program, ~~smal~~ small businesses cannot exceed $15 businesses cannot exceed $15 ~~mil ion~~million in tangible net worth in tangible net worth
and cannot have average net income of more than $5 and cannot have average net income of more than $5 ~~mil ion~~ million for two full fiscal years before the for two full fiscal years before the
date of application. Also, CDCs must intend to create or retain one job for every $75,000 of the date of application. Also, CDCs must intend to create or retain one job for every $75,000 of the
debenture ($120,000 for debenture ($120,000 for ~~smal~~ small manufacturers) or meet an alternative job creation standard if they manufacturers) or meet an alternative job creation standard if they
meet any one of 15 community or public policy goals. meet any one of 15 community or public policy goals.
Maximum 504/CDC participation in a single project is $5 Maximum 504/CDC participation in a single project is $5 ~~mil ion~~ million and $5.5 and $5.5 ~~mil ion~~million for for
manufacturers and specified energy-related projects; the minimum is $25,000. There is no limit manufacturers and specified energy-related projects; the minimum is $25,000. There is no limit
on the project size. Loan maturity is 10 years for equipment and 20 or 25 years for real estate. on the project size. Loan maturity is 10 years for equipment and 20 or 25 years for real estate.
Unguaranteed financing may have a shorter term. The maximum fixed interest rate Unguaranteed financing may have a shorter term. The maximum fixed interest rate ~~al owed~~allowed is is
established when the debenture backing the loan is sold and is pegged to an increment above the established when the debenture backing the loan is sold and is pegged to an increment above the
current market rate for 5-year and 10-year U.S. Treasury issues. current market rate for 5-year and 10-year U.S. Treasury issues.
The SBA is authorized to charge CDCs The SBA is authorized to charge CDCs
 a one-time, up-front guaranty fee of up to 0.5% of the debenture (0.5% in  a one-time, up-front guaranty fee of up to 0.5% of the debenture (0.5% in
FY2021), FY2021),
 an annual servicing fee of up to 0.9375% of the unpaid principal balance  an annual servicing fee of up to 0.9375% of the unpaid principal balance
(0.4517% for regular 504/CDC loans and 0.4865% for 504/CDC debt refinance (0.4517% for regular 504/CDC loans and 0.4865% for 504/CDC debt refinance
loans in FY2021), loans in FY2021),
 a funding fee (not to exceed 0.25% of the debenture), an annual development  a funding fee (not to exceed 0.25% of the debenture), an annual development
company fee (0.125% of the debenture’s outstanding principal balance), and company fee (0.125% of the debenture’s outstanding principal balance), and
 a one-time participation fee (0.5% of the senior mortgage loan if in a senior lien  a one-time participation fee (0.5% of the senior mortgage loan if in a senior lien
position to the SBA position to the SBA and the loan was approved after September 30, 1996). and the loan was approved after September 30, 1996).
In addition, CDCs are In addition, CDCs are ~~al owed~~allowed to charge borrowers a processing (or packaging) fee of up to 1.5% to charge borrowers a processing (or packaging) fee of up to 1.5%
of the net debenture proceeds and a closing fee, servicing fee, late fee, assumption fee, Central of the net debenture proceeds and a closing fee, servicing fee, late fee, assumption fee, Central
Servicing Agent (CSA) fee, other agent fees, and an underwriters’ fee. Servicing Agent (CSA) fee, other agent fees, and an underwriters’ fee.
In FY2020, the SBA In FY2020, the SBA approved 7,119 504/CDC loans, totaling over $5.8 approved 7,119 504/CDC loans, totaling over $5.8 ~~bil ion.74~~ billion.78 In FY2019, 212 In FY2019, 212
CDCs provided at least one 504/CDC loan.CDCs provided at least one 504/CDC loan.75

~~72 For further information and analysis, see CRS Report R41184,~~ ~~Small Business Administration 504/CDC Loan~~
~~Guaranty Program~~ ~~, by Robert Jay Dilger.~~
~~73 A debenture is a bond that is not secured by a lien on specific collateral.~~
~~74 SBA,~~ 79 504/CDC Refinancing Program During the Great Recession (2007-2009), Congress authorized the SBA to temporarily allow, under specified circumstances, the use of 504/CDC program funds to refinance existing commercial debt (e.g., not from SBA-guaranteed loans) for business expansion under the 504/CDC program.80 In 2010, Congress authorized, for two years, the expansion of the types of 77 A debenture is a bond that is not secured by a lien on specific collateral. 78 SBA, “Weekly Approvals Report with data as of 9/30 for each FY,” September 30, 2020, at https://www.sba.gov/“Weekly Approvals Report with data as of 9/30 for each FY,” September 30, 2020, at https://www.sba.gov/
sites/default/files/2020-10/WebsiteReport_asof_20200930-508.pdf. sites/default/files/2020-10/WebsiteReport_asof_20200930-508.pdf.
7579 SBA, SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, pp. 41, 166. , pp. 41, 166.
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~~504/CDC Refinancing Program~~
~~During the Great Recession (2007-2009), Congress authorized the SBA to temporarily al ow,~~
~~under specified circumstances, the use of 504/CDC program funds to refinance existing~~
~~commercial debt (e.g., not from SBA-guaranteed loans) for business expansion under the~~
~~504/CDC program.76 In 2010, Congress authorized, for two years, the expansion of the types of~~
~~projects eligible~~ 80 P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (ARRA). The specified circumstances include the following: the amount of existing indebtedness does not exceed 50% of the project cost of the expansion; the proceeds of the indebtedness were used to acquire land, including the building situated thereon, to construct a building thereon, or to purchase equipment; the existing indebtedness is collateralized by fixed assets; the existing indebtedness was incurred for the benefit of a small business; the financing is used only for refinancing existing indebtedness or costs related to the project being financed; the refinancing provides a substantial benefit to the borrower; the borrower has Congressional Research Service 21 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options projects eligible for refinancing of existing debt under the 504/CDC program to include projects for refinancing of existing debt under the 504/CDC program to include projects
not involving business expansion, provided the projects met specific criteria.not involving business expansion, provided the projects met specific criteria.7781 In the 114th In the 114th
Congress, Congress reinstated the expansion of the types of projects eligible for refinancing under Congress, Congress reinstated the expansion of the types of projects eligible for refinancing under
the 504/CDC loan guaranty program in any fiscal year in which the refinancing program and the the 504/CDC loan guaranty program in any fiscal year in which the refinancing program and the
504/CDC program as a whole do not have credit subsidy costs.504/CDC program as a whole do not have credit subsidy costs.~~78 Specifical y~~82 Specifically, each CDC is , each CDC is
required to limitrequired to limit its refinancing so that, during any fiscal year, the new refinancing does not its refinancing so that, during any fiscal year, the new refinancing does not
exceed 50% of the dollars it loaned under the 504/CDC program during the previous fiscal year. exceed 50% of the dollars it loaned under the 504/CDC program during the previous fiscal year.
This limitationThis limitation may be waived if the SBA determines that the refinance loan is needed for good may be waived if the SBA determines that the refinance loan is needed for good
cause.cause.
Commercial loans eligible Commercial loans eligible for the 504/CDC Refinancing program being used to finance long-term for the 504/CDC Refinancing program being used to finance long-term
fixed asset debt cannot have a loan-to-value (LTV) ratio of more than 90% of the fair market fixed asset debt cannot have a loan-to-value (LTV) ratio of more than 90% of the fair market
value of the eligiblevalue of the eligible fixed asset(s) serving as collateral. Loans that are used to partly refinance fixed asset(s) serving as collateral. Loans that are used to partly refinance
eligibleeligible business operating expenses (e.g., salaries, rent, utilities) cannot exceed an LTV ratio of business operating expenses (e.g., salaries, rent, utilities) cannot exceed an LTV ratio of
more than 85% of the fair market value of the collateral. The fees associated with the 504/CDC more than 85% of the fair market value of the collateral. The fees associated with the 504/CDC
Refinancing program are the same as the 504/CDC Loan Guaranty program except the ongoing Refinancing program are the same as the 504/CDC Loan Guaranty program except the ongoing
guaranty servicing fee may vary. In FY2020, the annual guaranty servicing fee is 0.3205% for guaranty servicing fee may vary. In FY2020, the annual guaranty servicing fee is 0.3205% for
regular 504/CDC loans and 0.322% for 504/CDC debt refinance loans. regular 504/CDC loans and 0.322% for 504/CDC debt refinance loans.
In FY2019, the SBAIn FY2019, the SBA approved 166 refinancing loans totaling $154.8 million.83 The Microloan Program84 The Microloan program provides direct loans to qualified nonprofit intermediary Microloan lenders that, in turn, provide “microloans” of up to $50,000 to small businesses and nonprofit child care centers. Microloan lenders also provide marketing, management, and technical assistance to Microloan borrowers and potential borrowers. The program was authorized in 1991 as a five-year demonstration project and became operational in 1992. It was made permanent, subject to reauthorization, by P.L. 105-135, the Small Business Reauthorization Act of 1997. Although the program is open to all small businesses, it targets new and early stage businesses in underserved markets, including borrowers with little to no credit history, low-income borrowers, and women and minority entrepreneurs in both rural and urban areas who generally do not qualify for conventional loans or other, larger SBA guaranteed loans. ~~approved 166 refinancing loans totaling $154.8 mil ion.79~~

~~76 P.L. 111-5, the American Recovery and Reinvestment Act of 2009 (ARRA). T he specified circumstances include the~~
~~following: the amount of existing indebtedness does not exceed 50% of the project cost of the expansion; the proceeds~~
~~of the indebtedness were used to acquire land, including the building situated thereon, to construct a building thereon,~~
~~or to purchase equipment; the existing indebtedness is collateralized by fixed assets; the existing indebtedness was~~
~~incurred for the benefit of a small business; the financing is used only for refinancing existing indebtedness or costs~~
~~related to the project being financed; the refinancing provides a substantial benefit to the borrower; the borrower has~~
been current on all payments due on the existing debt for not less than one year preceding the date of refinancing; and been current on all payments due on the existing debt for not less than one year preceding the date of refinancing; and
the financing provided willthe financing provided will have better terms or rate of interest than the existing have better terms or rate of interest than the existing ~~in debtedness.~~
77indebtedness. 81 P.L. 111-240, the Small Business P.L. 111-240, the Small Business ~~Jobs~~ Jobs Act of 2010. A project that does not involve the expansion of a small business Act of 2010. A project that does not involve the expansion of a small business
concern may includeconcern may include the refinancing of qualifiedthe refinancing of qualified debt if (I) the amount of the financing is not be more than 90% of the debt if (I) the amount of the financing is not be more than 90% of the
value of the collateral for the financing, except that, if the appraised value of the eligiblevalue of the collateral for the financing, except that, if the appraised value of the eligible fixed assets serving as fixed assets serving as
collateral for the financing is less than the amount equal to 125% of the amount of the financing, the borrower may collateral for the financing is less than the amount equal to 125% of the amount of the financing, the borrower may
provide additional cash or other collateral to eliminate any deficiency; (II) the borrower has been in operation for all of provide additional cash or other collateral to eliminate any deficiency; (II) the borrower has been in operation for all of
the two-year period ending on the date of the loan; and (III) for a financing for which the Administrator determines the two-year period ending on the date of the loan; and (III) for a financing for which the Administrator determines
there willthere will be an additional cost attributable to the refinancing of the qualifiedbe an additional cost attributable to the refinancing of the qualified debt, the borrower agrees to pay a fee in debt, the borrower agrees to pay a fee in
an amount equalan amount equal to the anticipated additional cost. to the anticipated additional cost.
7882 P.L. 114-113, the Consolidated Appropriations Act, 2016. For additional information and analysis, see CRS P.L. 114-113, the Consolidated Appropriations Act, 2016. For additional information and analysis, see CRS Report Report
R41184, R41184, ~~Sm all Business Adm inistration~~Small Business Administration 504/CDC Loan Guaranty Program , by Robert Jay Dilger. , by Robert Jay Dilger.
7983 SBA, SBA, Office of Congressional and Legislative Affairs, “Office of Congressional and Legislative Affairs, “ WDS Report Amount and Count Summary, September 30, WDS Report Amount and Count Summary, September 30,
2019: DRAFT2019: DRAFT ~~T able~~ Table 2.7. Approvals by Program and Cohort,” October 18, 2018. For historical data, see 2.7. Approvals by Program and Cohort,” October 18, 2018. For historical data, see ~~T able~~Table 3 in 3 in
CRSCRS Report R41184, Report R41184, ~~Sm all Business Adm inistration~~Small Business Administration 504/CDC Loan Guaranty Program ~~, by Robert Jay Dilger.~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~The Microloan Program80~~
~~The Microloan program provides direct loans to qualified nonprofit intermediary Microloan~~
~~lenders that, in turn, provide “microloans” of up to $50,000 to smal businesses and nonprofit~~
~~child care centers. Microloan lenders also provide marketing, management, and technical~~
~~assistance to Microloan borrowers and potential borrowers.~~
~~The program was authorized in 1991 as a five-year demonstration project and became operational~~
~~in 1992. It was made permanent, subject to reauthorization, by P.L. 105-135, the Smal Business~~
~~Reauthorization Act of 1997. Although the program is open to al smal businesses, it targets new~~
~~and early stage businesses in underserved markets, including borrowers with little to no credit~~
~~history, low-income borrowers, and women and minority entrepreneurs in both rural and urban~~
~~areas who general y do not qualify for conventional loans or other, larger SBA guaranteed loans.~~, by Robert Jay Dilger. 84 For further information and analysis, see CRS Report R41057, Small Business Administration Microloan Program, by Robert Jay Dilger. Congressional Research Service 22 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options
Microloans can be used for working capital and acquisition of materials, supplies, furniture, Microloans can be used for working capital and acquisition of materials, supplies, furniture,
fixtures, and equipment. Loans cannot be made to acquire land or property. Loan terms are up to fixtures, and equipment. Loans cannot be made to acquire land or property. Loan terms are up to
seven years. seven years.
The SBA charges intermediaries an interest rate that is based on the five-year Treasury rate, The SBA charges intermediaries an interest rate that is based on the five-year Treasury rate,
adjusted to the nearest one-eighth percent (adjusted to the nearest one-eighth percent (~~cal ed~~called the Base Rate), less 1.25% if the intermediary the Base Rate), less 1.25% if the intermediary
maintains a historic portfolio of Microloans averaging more than $10,000 and less 2% if the maintains a historic portfolio of Microloans averaging more than $10,000 and less 2% if the
intermediary maintains a historic portfolio of Microloans averaging $10,000 or less. The Base intermediary maintains a historic portfolio of Microloans averaging $10,000 or less. The Base
Rate, after adjustment, is called the Intermediary’s Cost of Funds. The Intermediary’s Cost of Rate, after adjustment, is called the Intermediary’s Cost of Funds. The Intermediary’s Cost of
Funds is Funds is ~~initial y~~ initially calculated one year from the date of the note and is reviewed calculated one year from the date of the note and is reviewed ~~annual y~~annually and and
adjusted as necessary (adjusted as necessary (~~cal ed~~called recasting). The interest rate cannot be less than zero. recasting). The interest rate cannot be less than zero.
On loans of more than $10,000, the maximum interest rate that can be charged to the borrower is On loans of more than $10,000, the maximum interest rate that can be charged to the borrower is
the interest rate charged by the SBA on the loan to the intermediary, plus 7.75%. On loans of the interest rate charged by the SBA on the loan to the intermediary, plus 7.75%. On loans of
$10,000 or less, the maximum interest rate that can be charged to the borrower is the interest $10,000 or less, the maximum interest rate that can be charged to the borrower is the interest
charged by the SBA on the loan to the intermediary, plus 8.5%. Rates are negotiated between the charged by the SBA on the loan to the intermediary, plus 8.5%. Rates are negotiated between the
borrower and the intermediary and borrower and the intermediary and ~~typical y~~typically range from 6% to 9%. range from 6% to 9%.
The SBA does not charge intermediaries up-front or ongoing service fees under the Microloan The SBA does not charge intermediaries up-front or ongoing service fees under the Microloan
program. program.
In FY2020, 5,890 In FY2020, 5,890 ~~smal~~ small businesses received a Microloan, totaling $85 businesses received a Microloan, totaling $85 ~~mil ion.81~~million.85 The average The average
Microloan was $14,434 and the average interest rate was 6.5%.Microloan was $14,434 and the average interest rate was 6.5%.8286
SBA Loan Enhancements to Address the Great Recession
Many of the proposals under consideration to address the capital needs of Many of the proposals under consideration to address the capital needs of ~~smal~~ small businesses businesses
adversely affected by the COVID-19 pandemic were used to address the severe economic adversely affected by the COVID-19 pandemic were used to address the severe economic
slowdown during and immediately following the Great Recession (2007-2009). The main slowdown during and immediately following the Great Recession (2007-2009). The main
difference is that given the unique nature of the COVID-19 pandemic’s impact on households, difference is that given the unique nature of the COVID-19 pandemic’s impact on households,
~~especial y~~especially physical distancing and the resulting decrease in consumer spending, there is an added physical distancing and the resulting decrease in consumer spending, there is an added
emphasis today on SBAemphasis today on SBA loan deferrals, loan forgiveness, and expanded eligibility,loan deferrals, loan forgiveness, and expanded eligibility, including, for including, for
~~the first time, specified types of nonprofit organizations.~~

~~80 For further information and analysis, see CRS Report R41057, Small Business Administration Microloan Program ,~~
~~by Robert Jay Dilger.~~
~~81 SBA, “Nationwide Microloan Report, October 1, 2019 through September 30, 2020,” November 18, 2020 .~~
~~82 SBA, “Nationwide Microloan Report, October 1, 2019 through September 30, 2020,” November 18, 2020.~~
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the first time, specified types of nonprofit organizations. During the 111th Congress, P.L. 111-5, the American Recovery and Reinvestment Act of 2009 During the 111th Congress, P.L. 111-5, the American Recovery and Reinvestment Act of 2009
(ARRA), provided the SBA an additional $730 (ARRA), provided the SBA an additional $730 ~~mil ion,~~ million, including $375 including $375 ~~mil ion~~ million to temporarily to temporarily
subsidize the 7(a) and 504/CDC loan guaranty programs’ fees ($299 subsidize the 7(a) and 504/CDC loan guaranty programs’ fees ($299 ~~mil ion~~million) and to temporarily ) and to temporarily
increase the 7(a) program’s maximum loan guaranty percentage to 90% ($76 increase the 7(a) program’s maximum loan guaranty percentage to 90% ($76 ~~mil ion).83~~million).87 ARRA ARRA
also included provisions designed to increase the amount of leverage issued under the SBA’s also included provisions designed to increase the amount of leverage issued under the SBA’s
~~Smal~~ Small Business Investment Company (SBIC venture capital) program.Business Investment Company (SBIC venture capital) program.8488 SBICs provide loans and SBICs provide loans and
equity investments in equity investments in ~~smal~~ small businesses. businesses.
ARRA’s funding for the fee subsidies and 90% maximum loan guaranty percentage was about to ARRA’s funding for the fee subsidies and 90% maximum loan guaranty percentage was about to
be exhausted in November 2009, when Congress passed the first of six laws to provide additional be exhausted in November 2009, when Congress passed the first of six laws to provide additional
funding to extend the loan subsidies and 90% maximum loan guaranty percentage. funding to extend the loan subsidies and 90% maximum loan guaranty percentage.
85 SBA, “Nationwide Microloan Report, October 1, 2019 through September 30, 2020,” November 18, 2020. 86 SBA, “Nationwide Microloan Report, October 1, 2019 through September 30, 2020,” November 18, 2020. 87 SBA, “Recovery Act Agency Plan,” May 15, 2009, at https://www.sba.gov/sites/default/files/recovery_act_reports/sba_recovery_act_plan.pdf. 88 For additional information and analysis, see CRS Report R41456, SBA Small Business Investment Company Program, by Robert Jay Dilger. Congressional Research Service 23 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options  P.L. 111-118, the Department of Defense Appropriations Act, 2010, provided the  P.L. 111-118, the Department of Defense Appropriations Act, 2010, provided the
SBA $125 SBA $125 ~~mil ion~~ million to continue the fee subsidies and 90% maximum loan guaranty to continue the fee subsidies and 90% maximum loan guaranty
percentage through February 28, 2010. percentage through February 28, 2010.
 P.L. 111-144, the Temporary Extension Act of 2010, provided the SBA $60  P.L. 111-144, the Temporary Extension Act of 2010, provided the SBA $60
~~mil ion~~ million to continue the fee subsidies and 90% maximum loan guaranty to continue the fee subsidies and 90% maximum loan guaranty
percentage through March 28, 2010. percentage through March 28, 2010.
 P.L. 111-150, an act to extend the  P.L. 111-150, an act to extend the ~~Smal~~ Small Business Loan Guarantee Program, and Business Loan Guarantee Program, and
for other purposes, provided the SBA authority to reprogram $40 for other purposes, provided the SBA authority to reprogram $40 ~~mil ion~~million in in
previously appropriated funds to continue the fee subsidies and 90% maximum previously appropriated funds to continue the fee subsidies and 90% maximum
loan guaranty percentage through April 30, 2010. loan guaranty percentage through April 30, 2010.
 P.L. 111-157, the Continuing Extension Act of 2010, provided the SBA $80  P.L. 111-157, the Continuing Extension Act of 2010, provided the SBA $80
~~mil ion~~ million to continue the SBA’s fee subsidies and 90% maximum loan guaranty to continue the SBA’s fee subsidies and 90% maximum loan guaranty
percentage through May 31, 2010. percentage through May 31, 2010.
 P.L. 111-240, the  P.L. 111-240, the ~~Smal~~ Small Business Jobs Act of 2010, provided $505 Business Jobs Act of 2010, provided $505 ~~mil ion~~million (plus (plus
an additional an additional ~~$5 mil ion~~ $5 million for administrative expenses) to continue the SBA’s fee for administrative expenses) to continue the SBA’s fee
subsidies and 90% maximum loan guaranty percentage from the act’s date of subsidies and 90% maximum loan guaranty percentage from the act’s date of
enactment (September 27, 2010) through December 31, 2010. enactment (September 27, 2010) through December 31, 2010.
 P.L. 111-322, the Continuing Appropriations and Surface Transportation  P.L. 111-322, the Continuing Appropriations and Surface Transportation
Extensions Act, 2011, authorized the SBA Extensions Act, 2011, authorized the SBA to use funds provided under the to use funds provided under the ~~Smal~~
Small Business Jobs Act of 2010 to continue the SBA’s fee subsidies and 90% Business Jobs Act of 2010 to continue the SBA’s fee subsidies and 90%
maximum loan guaranty percentage through March 4, 2011, or until available maximum loan guaranty percentage through March 4, 2011, or until available
funding is exhausted. funding is exhausted.
On January 3, 2011, the SBA announced that the fee subsidies and 90% maximum guarantee On January 3, 2011, the SBA announced that the fee subsidies and 90% maximum guarantee
percentage ended because funding for these enhancements had been exhausted.percentage ended because funding for these enhancements had been exhausted.85
89 In addition to providing additional In addition to providing additional funding for fee subsidies, P.L. 111-240, among other funding for fee subsidies, P.L. 111-240, among other
provisions, provisions,
 increased the 7(a) program’s gross loan limit from $2  increased the 7(a) program’s gross loan limit from $2 ~~mil ion to $5 mil ion;~~

~~83 SBA, “Recovery Act Agency Plan,” May 15, 2009, at https://www.sba.gov/sites/default/files/recovery_act_reports/~~
~~sba_recovery_act_plan.pdf.~~
~~84 For additional information and analysis, see CRS Report R41456,~~ ~~SBA Small Business Investment Company~~
~~Program~~ ~~, by Robert Jay Dilger.~~
~~85 SBA, “Jobs Act Supported More T han $12 Billion in SBA Lending to Small Businesses in Just T hree Months,”~~
~~January 3, 2011, at https://www.sba.gov/content/jobs-act-supported-more-12-billion-sba-lending-small-businesses-just-~~
~~three-months.~~
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million to $5 million;  increased the 504/CDC Program’s loan limits from $1.5  increased the 504/CDC Program’s loan limits from $1.5 ~~mil ion to $5 mil ion~~ million to $5 million for for
“regular” borrowers, from $2 “regular” borrowers, from $2 ~~mil ion to $5 mil ion~~ million to $5 million if the loan proceeds are if the loan proceeds are
directed toward one or more specified public policy goals, and from $4 directed toward one or more specified public policy goals, and from $4 ~~mil ion~~ million to to
$5.5 $5.5 ~~mil ion~~ million for manufacturers; for manufacturers;
 temporarily expanded for two years the eligibility  temporarily expanded for two years the eligibility for low-interest refinancing for low-interest refinancing
under the SBA’s 504/CDC program for qualified debt; under the SBA’s 504/CDC program for qualified debt;
 temporarily increased for one year the SBAExpress Program’s loan limit from  temporarily increased for one year the SBAExpress Program’s loan limit from
$350,000 to $1 $350,000 to $1 ~~mil ion~~million (expired on September 26, 2011); (expired on September 26, 2011);
 increased the Microloan Program’s loan limit for borrowers from $35,000 to  increased the Microloan Program’s loan limit for borrowers from $35,000 to
$50,000; and increased the loan limits for Microloan intermediaries after their $50,000; and increased the loan limits for Microloan intermediaries after their
first year in the program from $3.5 first year in the program from $3.5 ~~mil ion~~million to $5 to $5 ~~mil ion~~million; ;
 authorized the U.S. Treasury to make up to $30  authorized the U.S. Treasury to make up to $30 ~~bil ion~~billion of capital investments for of capital investments for
a a ~~Smal~~ Small Business Lending Fund ($4 Business Lending Fund ($4 ~~bil ion~~billion was issued); was issued);86
~~ authorized to be appropriated $1.5 bil ion for the State Smal Business Credit~~
~~Initiative Program;87~~
~~ authorized a three-year Intermediary Lending Pilot Program to al ow the SBA to~~
~~make direct loans to not more than 20 eligible nonprofit lending intermediaries~~
~~each year totaling not more than $20 mil ion. The intermediaries, in turn, w ould~~
~~be al owed to make loans to new or growing smal~~ 90 89 SBA, “Jobs Act Supported More Than $12 Billion in SBA Lending to Small Businesses in Just Three Months,” January 3, 2011, at https://www.sba.gov/content/jobs-act-supported-more-12-billion-sba-lending-small-businesses-just-three-months. 90 For additional information and analysis, see CRS Report R42045, The Small Business Lending Fund, by Robert Jay Congressional Research Service 24 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options  authorized to be appropriated $1.5 billion for the State Small Business Credit Initiative Program;91  authorized a three-year Intermediary Lending Pilot Program to allow the SBA to make direct loans to not more than 20 eligible nonprofit lending intermediaries each year totaling not more than $20 million. The intermediaries, in turn, would be allowed to make loans to new or growing small businesses, not to exceed businesses, not to exceed
$200,000 per business; $200,000 per business;
 established an alternative size standard for the 7(a) and 504/CDC loan programs  established an alternative size standard for the 7(a) and 504/CDC loan programs
to enable more to enable more ~~smal~~ small businesses to qualify for assistance;businesses to qualify for assistance;8892 and and
 provided  provided ~~smal~~ small businesses with about $12 businesses with about $12 ~~bil ion~~billion in tax relief. in tax relief.8993
There were also efforts during the 111th and 112th Congresses to require the SBA to reinstate There were also efforts during the 111th and 112th Congresses to require the SBA to reinstate
direct lending to direct lending to ~~smal businesses.~~

~~86 For additional information and analysis, see CRS Report R42045, The Small Business Lending Fund, by Robert Jay~~
~~Dilger.~~
~~87 For additional information and analysis, see CRS Report R42581,~~ ~~State Small Business Credit Initiative:~~
~~Im plem entation and Funding Issues, by Robert Jay Dilger.~~
~~88 P.L. 111-240, the Small Business Jobs~~ small businesses. During the 111th Congress  H.R. 3854, the Small Business Financing and Investment Act of 2009, was passed by the House on October 29, 2009, by a vote of 389-32. It would have authorized a temporary SBA direct lending program.94 During the 112th Congress  H.R. 3007, the Give Credit to Main Street Act of 2011, introduced on September 21, 2011, and referred to the House Committee on Small Business, would have authorized the SBA to provide direct loans to small businesses that have been in operation as a small business for at least two years prior to its application for a direct loan. The maximum loan amount would have been the lesser of 10% of the firm’s annual revenues or $500,000.  H.R. 5835, the Veterans Access to Capital Act of 2012, introduced on May 18, 2012, and referred to the House Committee on Small Business, would have authorized the SBA to provide up to 20% of the annual amount available for Dilger. 91 For additional information and analysis, see CRS Report R42581, State Small Business Credit Initiative: Implementation and Funding Issues, by Robert Jay Dilger. 92 P.L. 111-240, the Small Business Jobs Act of 2010, established the following interim alternative size standard for Act of 2010, established the following interim alternative size standard for
both the 7(a) and 504/CDC programs: the both the 7(a) and 504/CDC programs: the ~~busin ess qualifies~~ business qualifies as small if it does not have a tangible net worth in excess as small if it does not have a tangible net worth in excess
of $15 million and doesof $15 million and does not have an average net income after federal taxes (excludingnot have an average net income after federal taxes (excluding any carryany carry -over losses) in excess -over losses) in excess
of $5 million for two fullof $5 million for two full fiscal years before the date of application. fiscal years before the date of application.
89 93 P.L. 111-240 raised the exclusion of gains P.L. 111-240 raised the exclusion of gains on the sale or exchange of qualifiedon the sale or exchange of qualified small businesssmall business stock from the federal stock from the federal
income tax to 100%, with the full exclusion applying only to stock acquired the day after the date of enactment through income tax to 100%, with the full exclusion applying only to stock acquired the day after the date of enactment through
the end of 2010; increased the deduction for qualifiedthe end of 2010; increased the deduction for qualified ~~start~~ start-up expenditures from $5,000 to $10,000 in 2010, and raised -up expenditures from $5,000 to $10,000 in 2010, and raised
the phaseout threshold from $50,000 to $60,000 for 2010; placed limitations on the penalty for failure to disclose the phaseout threshold from $50,000 to $60,000 for 2010; placed limitations on the penalty for failure to disclose
reportable transactions based on resultingreportable transactions based on resulting tax benefits; allowedtax benefits; allowed general businessgeneral business credits of eligiblecredits of eligible small businessessmall businesses for for
2010 to be carried back five years; exempted general business2010 to be carried back five years; exempted general business credits of eligiblecredits of eligible small businessessmall businesses in 2010 from the in 2010 from the
alternative minimum tax; allowed a temporary reduction in the alternative minimum tax; allowed a temporary reduction in the ~~recogn ition~~recognition period for built period for built -in gains tax; increased -in gains tax; increased
expensing limitations for 2010 and 2011 and allowedexpensing limitations for 2010 and 2011 and allowed certain real property to be treated as Section 179 property; certain real property to be treated as Section 179 property;
allowedallowed additional firstadditional first -year depreciation for 50% of the basis of certain qualified-year depreciation for 50% of the basis of certain qualified property; and removed cellular property; and removed cellular
telephones and similar telecommunications equipment from listed property so their cost can be deductedtelephones and similar telecommunications equipment from listed property so their cost can be deducted or depreciated or depreciated
like other businesslike other business property. 94 H.R. 3854, the Small ~~property.~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~During the 111th Congress~~
~~ H.R. 3854, the Smal Business Financing and Investment Act of 2009, was~~
~~passed by the House on October 29, 2009, by a vote of 389-32. It would have~~
~~authorized a temporary SBA direct lending program.90~~
~~During the 112th Congress~~
~~ H.R. 3007, the Give Credit to Main Street Act of 2011, introduced on September~~
~~21, 2011, and referred to the House Committee on Smal Business, would have~~
~~authorized the SBA to provide direct loans to smal businesses that have been in~~
~~operation as a smal business for at least two years prior to its application for a~~
~~direct loan. The maximum loan amount would have been the lesser of 10% of the~~
~~firm’s annual revenues or $500,000.~~
~~ H.R. 5835, the Veterans Access to Capital Act of 2012, introduced on May 18,~~
~~2012, and referred to the House Committee on Smal Business, would have~~
~~authorized the SBA to provide up to 20% of the annual amount available for~~
Business Financing and Investment Act of 2009 (111th Congress), §111. Capital Backstop Program. Congressional Research Service 25 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options guaranteed loans under the 7(a) and 504/CDC loan guaranty programs, guaranteed loans under the 7(a) and 504/CDC loan guaranty programs,
respectively, in direct loans to veteran-owned and -controlled respectively, in direct loans to veteran-owned and -controlled ~~smal~~ small businesses. businesses.
Current Issues, Debates, and Lessons Learned
During the 111th Congress (2009-2010), there was a consensus in Congress that the federal During the 111th Congress (2009-2010), there was a consensus in Congress that the federal
government had to take decisive action to address the capital needs of government had to take decisive action to address the capital needs of ~~smal~~ small businesses, primarily businesses, primarily
as a means to promote job retention and creation. Similar sentiments are being expressed today as as a means to promote job retention and creation. Similar sentiments are being expressed today as
Congress considers proposals to assist Congress considers proposals to assist ~~smal~~ small businesses adversely affected by the COVID-19 businesses adversely affected by the COVID-19
pandemic. pandemic.
Many Members of Congress argued during the 111th Congress that the SBA should be provided Many Members of Congress argued during the 111th Congress that the SBA should be provided
additional resources to assist additional resources to assist ~~smal~~ small businesses in acquiring capital necessary to start, continue, or businesses in acquiring capital necessary to start, continue, or
expand operations with the expectation that in so doing small businesses expand operations with the expectation that in so doing small businesses ~~wil~~ will create jobs. Others create jobs. Others
worried about the long-term adverse economic effects of spending programs that increase the worried about the long-term adverse economic effects of spending programs that increase the
federal deficit. They advocated business tax reduction, reform of financial credit market federal deficit. They advocated business tax reduction, reform of financial credit market
regulation, and federal fiscal restraint as the best means to help regulation, and federal fiscal restraint as the best means to help ~~smal~~ small businesses further economic businesses further economic
growth and job creation. growth and job creation.
Given the coronavirus’s widespread adverse economic impact, including productivity losses, Given the coronavirus’s widespread adverse economic impact, including productivity losses,
supply chain disruptions, labor dislocation, and financial pressure on businesses and households, supply chain disruptions, labor dislocation, and financial pressure on businesses and households,
there has been relatively littlethere has been relatively little concern expressed about federal fiscal restraint during the current concern expressed about federal fiscal restraint during the current
pandemic. The debate has been primarily over which specific policies would have the greatest pandemic. The debate has been primarily over which specific policies would have the greatest
impact and which types of impact and which types of ~~smal~~ small businesses and businesses and ~~smal~~ small business owners should be helped the most.business owners should be helped the most.
As mentioned, many of the enhancements to the SBA’s capital access programs that were made As mentioned, many of the enhancements to the SBA’s capital access programs that were made
during the 111th Congress, such as increasing loan limits, providing fee subsidies, increasing loan during the 111th Congress, such as increasing loan limits, providing fee subsidies, increasing loan
guaranty percentages, and expanding eligibilityguaranty percentages, and expanding eligibility criteria are being considered again. These criteria are being considered again. These
changes had a demonstrated impact on changes had a demonstrated impact on ~~smal~~ small business lending during and immediatelybusiness lending during and immediately following following
the Great Recession. SBA lending increased. For example, the SBA’s OIG found that SBA 7(a) the Great Recession. SBA lending increased. For example, the SBA’s OIG found that SBA 7(a)
loan approvals increased 39% and 504/CDC loan approval increased 73% from March to July loan approvals increased 39% and 504/CDC loan approval increased 73% from March to July
2009, largely due to ARRA’s fee reductions and increased loan guarantee percentages. Lending 2009, largely due to ARRA’s fee reductions and increased loan guarantee percentages. Lending

~~90 H.R. 3854, the Small Business Financing and Investment Act of 2009 (111th Congress), §111. Capital Backstop~~
~~Program.~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

volume remained below pre-recession levels, but was much higher than before the fee reductions volume remained below pre-recession levels, but was much higher than before the fee reductions
and increase in the loan guarantee percentage were implemented. and increase in the loan guarantee percentage were implemented.
The OIG also noted that the increased loan volume “may be impacting Agency staffing The OIG also noted that the increased loan volume “may be impacting Agency staffing
requirements and program risk...requirements and program risk... . Without adequate training and supervision, the increased Without adequate training and supervision, the increased
demands on loan center staff could impact the quality of Agency loan reviews.”demands on loan center staff could impact the quality of Agency loan reviews.”9195
Also, in 2012, the SBA issued a press release lauding P.L. 111-240’s impact on SBA loan volume: Also, in 2012, the SBA issued a press release lauding P.L. 111-240’s impact on SBA loan volume:
With With ~~loan volume steadily increasing for the past six quarters, the U.S. Small Business~~
loan volume steadily increasing for the past six quarters, the U.S. Small Business Administration’s loan programs posted the second largest dollar volume ever in FY 2012, Administration’s loan programs posted the second largest dollar volume ever in FY 2012,
supporting $30.25 billion in loans to small businesses. That amount was surpassed only by supporting $30.25 billion in loans to small businesses. That amount was surpassed only by
FY 2011, which was heavily boosted by the loan incentives under the Small Business Jobs FY 2011, which was heavily boosted by the loan incentives under the Small Business Jobs
Act of 2010.Act of 2010.92
~~The data demonstrate that ARRA and the Smal Business Jobs Act of 2010 helped smal~~
96 95 SBA, Office of Inspector General (OIG), Review of the Recovery Act’s Impact on SBA Lending, ROM 10-02, November 25, 2009, p. 4, at https://www.sba.gov/document/report-rom-10-02-rom-10-02-review-recovery-acts-impact-sba-lending. 96 SBA, “SBA Loan Dollars in FY 2012 Reach Second Largest Total Ever; $30.25 Billion Second Only to FY 2011,” October 9, 2012, at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/sba-loan-dollars-fy-2012-reach-second-largest-total-ever-3025-billion-second-only-fy-2011. Congressional Research Service 26 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options The data demonstrate that ARRA and the Small Business Jobs Act of 2010 helped small businesses access capital. However, because the SBA primarily gathers data on program output businesses access capital. However, because the SBA primarily gathers data on program output
(e.g., loan volume, number of (e.g., loan volume, number of ~~smal~~ small businesses served, default rates) as opposed to program businesses served, default rates) as opposed to program
outcomes (e.g., outcomes (e.g., ~~smal~~ small business solvency, job creation, wealth generation) it is difficult to knowbusiness solvency, job creation, wealth generation) it is difficult to know
how effective these programs were in assisting how effective these programs were in assisting ~~smal~~ small businesses or if other approaches might businesses or if other approaches might
have produced better (or different) results. have produced better (or different) results.
Among the lessons learned from earlier Among the lessons learned from earlier ~~smal~~ small business stimulus packages is that additional business stimulus packages is that additional
funding for the SBA OIG to conduct oversight of the SBA’s implementation of stimulus changes funding for the SBA OIG to conduct oversight of the SBA’s implementation of stimulus changes
could help Congress in its oversight responsibilities. Additionalcould help Congress in its oversight responsibilities. Additional funding for the SBAfunding for the SBA OIG to OIG to
conduct investigations of conduct investigations of ~~potential y~~potentially fraudulent behaviors by borrowers and lenders could also fraudulent behaviors by borrowers and lenders could also
prove useful in deterring fraud, waste, and abuse.prove useful in deterring fraud, waste, and abuse.9397 In addition, requiring the SBA to In addition, requiring the SBA to ~~periodical y~~periodically
report to Congress and on its website both output and outcome performance data could help report to Congress and on its website both output and outcome performance data could help
Congress in its oversight responsibilities and assure the public that the taxpayer’s dollars are Congress in its oversight responsibilities and assure the public that the taxpayer’s dollars are
being spent both efficiently and effectively. being spent both efficiently and effectively.
SBA Entrepreneurial Development ~~Programs94~~Programs98
Overview
The SBA has provided technical and managerial assistance to The SBA has provided technical and managerial assistance to ~~smal~~ small businesses since it began businesses since it began
operations in 1953. operations in 1953. ~~Initial y~~Initially, the SBA provided its own , the SBA provided its own ~~smal~~ small business management and technical assistance training programs. Over time, the SBA has relied increasingly on third parties to provide that training. Congressional interest in the SBA’s management and technical assistance training programs has increased in recent years, primarily because these programs are viewed as a means to assist small businesses create and retain jobs. These programs received $239 million in FY2020 and $245.5 million FY2021. These funds supported about 14,000 resource partners, including 63 lead small business development centers (SBDCs) and nearly 900 SBDC local outreach locations, over 200 women’s business centers (WBCs), and more than 250 chapters of the mentoring program, SCORE.99 The SBA reports that nearly a million aspiring entrepreneurs and small business owners receive mentoring and training from an SBA-supported resource partner each year. Most of this training is free, and some is offered at low cost.100 97 P.L. 116-136, the CARES Act, provided the SBA’s OIG $25 million in additional funding for its oversight activities. On April 3, 2020, the SBA’s OIG issued its first CARES Act-related report, “White Paper: Risk Awareness and Lessons Learned from Prior Audits of Economic Stimulus Loans.” For a list of the SBA OIG’s oversight reports on SBA’s credit and capital programs, including ~~business management and technical~~

~~91 SBA, Office of Inspector General (OIG), Review of the Recovery Act’s Impact on SBA Lending, ROM 10-02,~~
~~November 25, 2009, p. 4, at https://www.sba.gov/document/report -rom-10-02-rom-10-02-review-recovery-acts-impact-~~
~~sba-lending.~~
~~92 SBA, “ SBA Loan Dollars in FY 2012 Reach Second Largest T otal Ever; $30.25 Billion Second Only to FY 2011 ,”~~
~~October 9, 2012, at https://www.sba.gov/about-sba/sba-newsroom/press-releases-media-advisories/sba-loan-dollars-fy-~~
~~2012-reach-second-largest-total-ever-3025-billion-second-only-fy-2011.~~
~~93 P.L. 116-136, the CARES Act, provided the SBA’s OIG $25 million in additional funding for its oversight activities.~~
~~On April 3, 2020, the SBA’s OIG issued its first CARES Act -related report, “ White Paper: Risk Awareness and~~
~~Lessons Learned from Prior Audits of Economic Stimulus Loans.” For a list of the SBA OIG’s oversight reports on~~
~~SBA’s credit and capital programs, including~~ COVID-19-related relief programs, see https://www.sba.gov/document?COVID-19-related relief programs, see https://www.sba.gov/document?
sortBy=Effective%20Date&search=&documentType=Report&program=Credit/Capital&documentActivity=Audit/sortBy=Effective%20Date&search=&documentType=Report&program=Credit/Capital&documentActivity=Audit/
evaluation&office=7392&page=1. evaluation&office=7392&page=1.
9498 For additional information and analysis, see CRS For additional information and analysis, see CRS Report R41352, Report R41352, Small Business Management and Technical
Assistance Training ~~Program s~~Programs, by Robert Jay Dilger. 99 Other SBA entrepreneurial development programs include the following: the Microloan Technical Assistance Program; the Program for Investment in Microentrepreneurs (PRIME), Veterans Programs (including Veterans Business Outreach Centers, Boots to Business, Veteran Women Igniting the Spirit of Entrepreneurship [VWISE], Entrepreneurship Bootcamp for Veterans with Disabilities, and Boots to Business: Reboot), the Native American Outreach Program, the Entrepreneurial Development Initiative (Regional Innovation Clusters), the Entrepreneurship Education Initiative, the Growth Accelerators Initiative, and the 7(j) Technical Assistance Program. 100 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 18. Congressional Research Service 27 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options The Department of Commerce also provides management and technical assistance training for small businesses. For example, its Minority Business Development Agency provides training to ~~, by Robert Jay Dilger.~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~assistance training programs. Over time, the SBA has relied increasingly on third parties to~~
~~provide that training.~~
~~Congressional interest in the SBA’s management and technical assistance training programs has~~
~~increased in recent years, primarily because these programs are viewed as a means to assist smal~~
~~businesses create and retain jobs. These programs received $239 mil ion in FY2020 and $245.5~~
~~mil ion FY2021. These funds supported about 14,000 resource partners, including 63 lead smal~~
~~business development centers (SBDCs) and nearly 900 SBDC local outreach locations, over 200~~
~~women’s business centers (WBCs), and more than 250 chapters of the mentoring program,~~
~~SCORE.95~~
~~The SBA reports that nearly a mil ion aspiring entrepreneurs and smal business owners receive~~
~~mentoring and training from an SBA-supported resource partner each year. Most of this training~~
~~is free, and some is offered at low cost.96~~
~~The Department of Commerce also provides management and technical assistance training for~~
~~smal businesses. For example, its Minority Business Development Agency provides training to~~
minority business owners to assist them in obtaining contracts and financial awards. minority business owners to assist them in obtaining contracts and financial awards.
Small Business Development Centers
SBDCs provide free or low-cost assistance to SBDCs provide free or low-cost assistance to ~~smal~~ small businesses using programs customized to businesses using programs customized to
local conditions. SBDCs support local conditions. SBDCs support ~~smal~~ small businesses in marketing and business strategy, finance, businesses in marketing and business strategy, finance,
technology transfer, government contracting, management, manufacturing, engineering, sales, technology transfer, government contracting, management, manufacturing, engineering, sales,
accounting, exporting, and other topics. SBDCs are funded by SBA grants and matching funds accounting, exporting, and other topics. SBDCs are funded by SBA grants and matching funds
equal to the grant amount. equal to the grant amount.
SBDC funding is SBDC funding is ~~al ocated~~allocated on a pro rata basis among the states (including the District of on a pro rata basis among the states (including the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, and American Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, and American
Samoa) by a statutory formula “based on the percentage of the population of each State, as Samoa) by a statutory formula “based on the percentage of the population of each State, as
compared to the population of the United States.”compared to the population of the United States.”97101 If, as is currently the case, SBDC funding If, as is currently the case, SBDC funding
exceeds $90 exceeds $90 ~~mil ion~~million, the minimum funding level is “the sum of $500,000, plus a percentage of , the minimum funding level is “the sum of $500,000, plus a percentage of
$500,000 equal to the percentage amount by which the amount made available exceeds $90 $500,000 equal to the percentage amount by which the amount made available exceeds $90
~~mil ion.”98~~million.”102
There are 63 lead SBDC service centers, one located in each state (four in Texas and six in There are 63 lead SBDC service centers, one located in each state (four in Texas and six in
California), the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and American California), the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, and American
Samoa. These centers manage more than 900 SBDC outreach locations. SBDCs were Samoa. These centers manage more than 900 SBDC outreach locations. SBDCs were
appropriated $135 appropriated $135 ~~mil ion~~ million in FY2020 and $136 in FY2020 and $136 ~~mil ion~~ million in FY2021. The SBA also was provided in FY2021. The SBA also was provided
an additionalan additional ~~$192 mil ion~~ $192 million in supplemental funding for SBDC grants in FY2020 under the in supplemental funding for SBDC grants in FY2020 under the
~~CARES Act.99~~

~~95 Other SBA entrepreneurial development programs include the following: the Microloan T echnical Assistance~~
~~Program; the Program for Investment in Microentrepreneurs (PRIME), Veterans Programs (including Veterans~~
~~Business Outreach Centers, Boots to Business, Veteran Women Igniting the Spirit of Entrepreneurship [VWISE],~~
~~Entrepreneurship Bootcamp for Veterans with Disabilities, and Boots to Business: Reboot), the Native American~~
~~Outreach Program, the Entrepreneurial Development Initiative (Regional Innovation Clusters), the Entrepreneurship~~
~~Education Initiative, t he Growth Accelerators Initiative, and the 7(j) T echnical Assistance Program.~~
~~96 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 18.~~
~~97 15 U.S.C. §648(a)(4)(C).~~
~~98 15 U.S.C. §648(a)(4)(C) and P.L. 106-554, the Consolidated Appropriations Act, 2001.~~
~~99 T he CARES Act also provides $25 million for SBA resource partners, including SBDCs, to establish a centralized~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~
CARES Act.103
In FY2019, SBDCs provided technical assistance training and counseling services to 254,821 In FY2019, SBDCs provided technical assistance training and counseling services to 254,821
unique SBDC clients, and 17,810 new businesses were started largely as a result of SBDC unique SBDC clients, and 17,810 new businesses were started largely as a result of SBDC
training and counseling.training and counseling.~~100~~104
Microloan Technical Assistance
Congress authorized the SBA’s Microloan lending program in 1991 (P.L. 102-140, the Congress authorized the SBA’s Microloan lending program in 1991 (P.L. 102-140, the
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations
Act, 1992) to address the perceived disadvantages faced by women, lowAct, 1992) to address the perceived disadvantages faced by women, low -income, veteran, and -income, veteran, and
minority entrepreneurs and business owners gaining access to capital to start or expand their minority entrepreneurs and business owners gaining access to capital to start or expand their
business. The program became operational in 1992. business. The program became operational in 1992. ~~Initial y~~Initially, the SBA’s Microloan program was , the SBA’s Microloan program was
authorized as a five-year demonstration project. It was made permanent, subject to authorized as a five-year demonstration project. It was made permanent, subject to
reauthorization, by P.L. 105-135, the reauthorization, by P.L. 105-135, the ~~Smal~~ Small Business Reauthorization Act of 1997. Business Reauthorization Act of 1997.
The SBA’s Microloan Technical Assistance Program is affiliated with the SBA’s Microloan The SBA’s Microloan Technical Assistance Program is affiliated with the SBA’s Microloan
lendinglending program but receives a separate appropriation. This program provides grants to program but receives a separate appropriation. This program provides grants to
Microloan intermediaries for management and technical training assistance to Microloan program Microloan intermediaries for management and technical training assistance to Microloan program
101 15 U.S.C. §648(a)(4)(C). 102 15 U.S.C. §648(a)(4)(C) and P.L. 106-554, the Consolidated Appropriations Act, 2001. 103 The CARES Act also provides $25 million for SBA resource partners, including SBDCs, to establish a centralized hub for COVID-19 information, which includes an online platform that consolidates resources and information across multiple federal agencies and training program to education resource partner counselors. 104 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 85. Congressional Research Service 28 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options borrowers and prospective borrowers.105~~borrowers and prospective borrowers.101~~ There are currently 144 active Microloan intermediaries There are currently 144 active Microloan intermediaries
serving 49 states, the District of Columbia, and Puerto Rico.serving 49 states, the District of Columbia, and Puerto Rico.~~102~~106
Under the Microloan program, intermediaries are eligible Under the Microloan program, intermediaries are eligible to receive a Microloan technical to receive a Microloan technical
assistance grant “of not more than 25% of the total outstanding balance of loans made to it.”assistance grant “of not more than 25% of the total outstanding balance of loans made to it.”~~103~~
107 Grant funds may be used only to provide marketing, management, and technical assistance to Grant funds may be used only to provide marketing, management, and technical assistance to
Microloan borrowers, and no more than 50% of the funds may be used to provide such assistance Microloan borrowers, and no more than 50% of the funds may be used to provide such assistance
to prospective Microloan borrowers and no more than 50% of the funds may be awarded to third to prospective Microloan borrowers and no more than 50% of the funds may be awarded to third
parties to provide that technical assistance. Grant funds also may be used to attend required parties to provide that technical assistance. Grant funds also may be used to attend required
training.training.~~104~~108
In most instances, intermediaries must contribute, solely from nonfederal sources, an amount In most instances, intermediaries must contribute, solely from nonfederal sources, an amount
equal to 25% of the grant amount.equal to 25% of the grant amount.~~105~~109 In addition to cash or other direct funding, the contribution In addition to cash or other direct funding, the contribution
may include indirect costs or in-kind contributions paid for under nonfederal programs.may include indirect costs or in-kind contributions paid for under nonfederal programs.~~106~~
110 The SBA does not require Microloan borrowers to participate in the Microloan Technical The SBA does not require Microloan borrowers to participate in the Microloan Technical
Assistance Program. However, intermediaries Assistance Program. However, intermediaries ~~typical y~~typically require Microloan borrowers to require Microloan borrowers to
participate in the training program as a condition of the receipt of a microloan. Combining loan participate in the training program as a condition of the receipt of a microloan. Combining loan
and intensive management and technical assistance training is one of the Microloan program’s and intensive management and technical assistance training is one of the Microloan program’s
distinguishing features.distinguishing features.~~107~~

~~hub for COVID-19 information, which includes an online platform that consolidates resources and information across~~
~~multiple federal agencies and training program to education resource partner counselors.~~
~~100 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 85.~~
~~101 For further analysis of the SBA’s Microloan program, see CRS Report R41057,~~ ~~Small Business Administration~~
~~Microloan Program~~ ~~, by Robert Jay Dilger.~~
~~102 SBA,~~ 111 The SBA was provided $34.5 million for Microloan Technical Assistance grants in FY2020 and $85 million in FY2021 ($35 million in the Consolidated Appropriations Act, 2021 and an additional $50 million in the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act). Women’s Business Centers The WBC Renewable Grant Program was initially established by P.L. 100-533, the Women’s Business Ownership Act of 1988, as the Women’s Business Demonstration Pilot Program, targeting the needs of socially and economically disadvantaged women. The act directed the SBA to provide financial assistance to private, nonprofit organizations to conduct demonstration projects giving financial, management, and marketing assistance to small businesses, including start-up businesses, owned and controlled by women. The WBC program was expanded and 105 For further analysis of the SBA’s Microloan program, see CRS Report R41057, Small Business Administration Microloan Program, by Robert Jay Dilger. 106 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 36. For a list of , p. 36. For a list of
Microloan intermediaries by state, see SBA,Microloan intermediaries by state, see SBA, “ “List of Lenders,” at https://www.sba.gov/partners/lenders/microloan-List of Lenders,” at https://www.sba.gov/partners/lenders/microloan-
program/list-lenders. program/list-lenders.
~~103~~107 15 U.S.C. 15 U.S.C. §636(m)(4)(A). §636(m)(4)(A).
~~104~~108 13 C.F.R. §120.712. 13 C.F.R. §120.712.
~~105~~109 13 C.F.R. §120.712. 13 C.F.R. §120.712.
~~106~~110 13 C.F.R. §120.712. Intermediaries may not borrow their contribution. 13 C.F.R. §120.712. Intermediaries may not borrow their contribution.
~~107~~111 Intermediaries that make at least 25% of their loans to small businesses Intermediaries that make at least 25% of their loans to small businesses located in or owned by residents of an Economically Distressed Area (defined as having 40% or more of its residents with an annual income that is at or below the poverty level), or have a portfolio of loans made under the program that averages not more than $10,000 during the period of the intermediary’s participation in the program are eligible to receive an additional training grant equal to 5% of the total outstanding balance of loans made to the intermediary. Intermediaries are not required to make a matching contribution as a condition of receiving these additional grant funds. See 13 C.F.R. §120.712; and 15 U.S.C. §636(m)(4)(C)(i). Congressional Research Service 29 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options provided permanent legislative status by P.L. 109-108, the Science, State, Justice, Commerce, and ~~located in or owned by residents of an~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~The SBA was provided $34.5 mil ion for Microloan Technical Assistance grants in FY2020 and~~
~~$85 mil ion in FY2021 ($35 mil ion in the Consolidated Appropriations Act, 2021 and an~~
~~additional $50 mil ion in the Economic Aid to Hard-Hit Smal Businesses, Nonprofits, and~~
~~Venues Act).~~
~~Women’s Business Centers~~
~~The WBC Renewable Grant Program was initial y established by P.L. 100-533, the Women’s~~
~~Business Ownership Act of 1988, as the Women’s Business Demonstration Pilot Program,~~
~~targeting the needs of social y and economical y disadvantaged women. The act directed the SBA~~
~~to provide financial assistance to private, nonprofit organizations to conduct demonstration~~
~~projects giving financial, management, and marketing assistance to smal businesses, including~~
~~start-up businesses, owned and controlled by women. The WBC program was expanded and~~
~~provided permanent legislative status by P.L. 109-108, the Science, State, Justice, Commerce, and~~
Related Agencies Appropriations Act, 2006. Related Agencies Appropriations Act, 2006.
Since the program’s inception, the SBA has awarded WBCs a grant of up to $150,000 per year. Since the program’s inception, the SBA has awarded WBCs a grant of up to $150,000 per year.
WBC initialWBC initial grants are currently awarded for up to five years, consisting of a base period of 12 grants are currently awarded for up to five years, consisting of a base period of 12
months from the date of the award and four 12-month option periods.months from the date of the award and four 12-month option periods.~~108~~112 The SBA determines if The SBA determines if
the option periods are exercised and makes that determination subject to the continuation of the option periods are exercised and makes that determination subject to the continuation of
program authority, the availabilityprogram authority, the availability of funds, and the recipient organization’s compliance with of funds, and the recipient organization’s compliance with
federal law, SBA regulations, and the terms and conditions specified in a cooperative agreement. federal law, SBA regulations, and the terms and conditions specified in a cooperative agreement.
WBCs that successfully complete the initial five-year grant period may apply for an unlimited WBCs that successfully complete the initial five-year grant period may apply for an unlimited
number of three-year funding intervals.number of three-year funding intervals.~~109~~113
During their initial During their initial five-year grant period, WBCs are required to provide a nonfederal match of five-year grant period, WBCs are required to provide a nonfederal match of
one nonfederal dollar for each two federal dollars in years one and two (1:2), and one nonfederal one nonfederal dollar for each two federal dollars in years one and two (1:2), and one nonfederal
dollar for each federal dollar in years three, four, and five (1:1). After the initialdollar for each federal dollar in years three, four, and five (1:1). After the initial five-year grant five-year grant
period, the matching requirement in subsequent three-year funding intervals is not more than 50% period, the matching requirement in subsequent three-year funding intervals is not more than 50%
of federal funding (1:1).of federal funding (1:1).~~110~~114 The nonfederal match may consist of cash, in-kind, and program The nonfederal match may consist of cash, in-kind, and program
income.income.~~111~~

Econom ically Distressed Area (defined as having 40% or more of its residents with an annual income that is at or
~~below the poverty level), or have a portfolio of loans made under the program that averages not more than $10,000~~
~~during the period of the intermediary’s participation in the program are eligible to receive an additional training grant~~
~~equal to 5% of the total outstanding balance of loans made to the intermediary. Intermediaries are not required to make~~
~~a matching contribution as a condition of receiving these additional grant funds. See 13 C.F.R. §120.712; and 15 U.S.C.~~
~~§636(m)(4)(C)(i).~~
~~108 P.L. 105-135, the Small Business~~ 115 Today, there are 136 WBCs located throughout most of the United States and the territories.116 In FY2019, WBCs provided technical assistance training and counseling services to 64,527 unique WBC clients, and 2,087 new businesses were started largely as a result of WBC training and counseling.117 The SBA was provided $22.5 million for WBC grants in FY2020 and $23 million in FY2021. The SBA also was provided an additional $48 million in supplemental funding for WBC grants in FY2020 under the CARES Act.118 112 P.L. 105-135, the Small Business Reauthorization Act of 1997, authorized the SBA to award grants to WBCs for up Reauthorization Act of 1997, authorized the SBA to award grants to WBCs for up
to five years—one baseto five years—one base year and four option years. P.L. 106-165, the Women’s Business Centers Sustainabilityyear and four option years. P.L. 106-165, the Women’s Business Centers Sustainability Act of Act of
1999, provided WBCs1999, provided WBCs that had completed the initial five-year grant an opportunity to apply for an additional five-year that had completed the initial five-year grant an opportunity to apply for an additional five-year
sustainability grant. sustainability grant. ~~T hus~~Thus, the act allowed, the act allowed ~~successful~~ successful WBCs to receive SBAWBCs to receive SBA ~~funding~~ funding for a total of 10 years. Because the for a total of 10 years. Because the
program has permitted permanent three-year funding intervals since 2007, the sustainability grants wouldprogram has permitted permanent three-year funding intervals since 2007, the sustainability grants would be be phased out phased out
by FY2012, leaving the initial five-year grants with the continuous three-year option. See SBA,by FY2012, leaving the initial five-year grants with the continuous three-year option. See SBA, FY2012 Congressional
Budget Justification and FY2010 Annual ~~Perform ance~~Performance Report, p. 49, at https://www.sba.gov/sites/default/files/, p. 49, at https://www.sba.gov/sites/default/files/
aboutsbaarticle/FINAL%20FY%202012%20CBJ%20FY%202010%20APR_0.pdfaboutsbaarticle/FINAL%20FY%202012%20CBJ%20FY%202010%20APR_0.pdf .
~~109~~. 113 P.L. 110-28, the U.S. P.L. 110-28, the U.S. ~~T roop~~Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability ~~Appropriation s~~Appropriations
Act, 2007, allowed WBCsAct, 2007, allowed WBCs that successfullythat successfully completed the initial five-year grant to apply for an unlimited number of completed the initial five-year grant to apply for an unlimited number of
three-year funding renewals. three-year funding renewals.
~~110~~114 P.L. 110-28 reduced the federal share to not more than 50% for all grant years (1:1) following the initial five-year P.L. 110-28 reduced the federal share to not more than 50% for all grant years (1:1) following the initial five-year
grant. grant.
~~111~~ 115 P.L. 105-135 specified that not more than one-half of the nonfederal sector matching assistance may be in the form P.L. 105-135 specified that not more than one-half of the nonfederal sector matching assistance may be in the form
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~Today, there are 125 WBCs located throughout most of the United States and the territories.112 In~~
~~FY2019, WBCs provided technical assistance training and counseling services to 64,527 unique~~
~~WBC clients, and 2,087 new businesses were started largely as a result of WBC training and~~
~~counseling.113~~
~~The SBA was provided $22.5 mil ion for WBC grants in FY2020 and $23 mil ion in FY2021.~~
~~The SBA also was provided an additional $48 mil ion in supplemental funding for WBC grants in~~
~~FY2020 under the CARES Act.114~~of in-kind contributions that are budget line items only, including office equipment and office space. 116 SBA, “SBA Launches Largest Expansion of Women’s Business Centers in 30 Years,” January 4, 2021, at https://www.sba.gov/article/2021/jan/04/sba-launches-largest-expansion-womens-business-centers-30-years; and SBA, “Women’s Business Centers Directory,” at https://www.sba.gov/tools/local-assistance/wbc. 117 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 87. 118 The CARES Act also provides $25 million for SBA resource partners, including WBCs, to establish a centralized hub for COVID-19 information, which includes an online platform that consolidates resources and information across multiple federal agencies and training programs to educate resource partner counselors. Congressional Research Service 30 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options
SCORE (formerly the Service Corps of Retired Executives)
SCORE was established on October 5, 1964, by then-SBA Administrator Eugene P. Foley as a SCORE was established on October 5, 1964, by then-SBA Administrator Eugene P. Foley as a
national, volunteer organization, uniting more than 50 independent nonprofit organizations into a national, volunteer organization, uniting more than 50 independent nonprofit organizations into a
single, national nonprofit organization. single, national nonprofit organization.
The SBA The SBA currently provides grants to SCORE to provide in-person mentoring, online training, currently provides grants to SCORE to provide in-person mentoring, online training,
and “nearly 9,000 local training workshops and “nearly 9,000 local training workshops ~~annual y” to smal~~ annually” to small businesses.businesses.~~115~~119 SCORE’s more than SCORE’s more than
250 chapters are located throughout the United States and partner with more than 10,000 250 chapters are located throughout the United States and partner with more than 10,000
volunteer counselors, who are working or retired business owners, executives and corporate volunteer counselors, who are working or retired business owners, executives and corporate
leaders, to provide management and training assistance to leaders, to provide management and training assistance to ~~smal~~ small businesses “at no charge or at businesses “at no charge or at
very low cost.”very low cost.”~~116~~120
In FY2019, SCORE provided technical assistance training and counseling services to 195,242 In FY2019, SCORE provided technical assistance training and counseling services to 195,242
unique SCORE clients, and 480 new businesses were started largely as a result of SCORE unique SCORE clients, and 480 new businesses were started largely as a result of SCORE
training and counseling.training and counseling.~~117~~
121 The SBA was provided $11.7 The SBA was provided $11.7 ~~mil ion~~million for SCORE grants in FY2020 and $12.2 for SCORE grants in FY2020 and $12.2 ~~mil ion~~ million in FY2021.in FY2021.
Current Issues, Debates, and Lessons Learned
Congress provided additional funding for SBA entrepreneurial development programs during and Congress provided additional funding for SBA entrepreneurial development programs during and
immediately following the Great Recession. For example, ARRA provided an additionalimmediately following the Great Recession. For example, ARRA provided an additional ~~$24~~
~~mil ion~~ $24 million for Microloan Technical Assistance grants. The for Microloan Technical Assistance grants. The ~~Smal~~ Small Business Jobs Act of 2010 provided Business Jobs Act of 2010 provided
SBDCs an additionalSBDCs an additional ~~$50 mil ion~~ $50 million and temporarily waived SBDC, Microloan Technical and temporarily waived SBDC, Microloan Technical
Assistance, and WBC matching requirements.Assistance, and WBC matching requirements.
Similar proposals have been made to address the COVID-19 pandemic. For example, S. 3518, the Similar proposals have been made to address the COVID-19 pandemic. For example, S. 3518, the
COVID-19 RELIEF for COVID-19 RELIEF for ~~Smal~~ Small Businesses Act of 2020, as introduced, would provide an Businesses Act of 2020, as introduced, would provide an
additional $150 additional $150 ~~mil ion~~ million for SBA’s entrepreneurial development programs, including $40 for SBA’s entrepreneurial development programs, including $40 ~~mil ion~~million
for SBDCs, $18.75 for WBCs, $1 for SBDCs, $18.75 for WBCs, $1 ~~mil ion~~million to SCORE, and $50 to SCORE, and $50 ~~mil ion~~ million for Microloan Technical Assistance grants. The bill also would waive SBDC, Microloan Technical Assistance, and WBC grant matching requirements. The CARES Act appropriated $265 million for entrepreneurial development programs ($192 million for SBDCs, $48 million for WBCs, and $25 million for SBA resource partners to provide online information and training). The act also waived SBDC and WBC matching requirements. Congress could require the SBA’s resource partners to report to the SBA both output and outcome performance data for these grants and to require the SBA to report that information to Congress and make that information available to the public on the SBA website. 119 SBA, ~~for Microloan Technical~~

~~of in-kind contributions that are budget line items only, including office equipment and office space.~~
~~112 SBA, “Women’s Business Centers Directory,” at https://www.sba.gov/tools/local-assistance/wbc.~~
~~113 SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 87.~~
~~114 T he CARES Act also provides $25 million for SBA resource partners, including WBCs, to establish a centralized~~
~~hub for COVID-19 information, which includes an online platform that consolidates resources and information across~~
~~multiple federal agencies and training programs to educat e resource partner counselors.~~
~~115 SBA,~~ FY2013 Congressional Budget Justification and FY2011 Annual Performance Report, p. 45, at , p. 45, at
https://www.sba.gov/sites/default/files/files/1-https://www.sba.gov/sites/default/files/files/1-
508%20Compliant%20FY%202013%20CBJ%20FY%202011%20APR(1).pdf. 508%20Compliant%20FY%202013%20CBJ%20FY%202011%20APR(1).pdf.
~~116~~120 SCORE SCORE (Service Corps of Retired Executives), “About SCORE,”(Service Corps of Retired Executives), “About SCORE,” Washington, DC,Washington, DC, at https://www.score.org/about-at https://www.score.org/about-
score. score.
~~117~~ 121 SBA, SBA, FY2021 Congressional Budget Justification and FY2019 Annual Performance Report, p. 89. , p. 89.
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~~Assistance grants. The bil also would waive SBDC, Microloan Technical Assistance, and WBC~~
~~grant matching requirements. The CARES Act appropriated $265 mil ion for entrepreneurial~~
~~development programs ($192 mil ion for SBDCs, $48 mil ion for WBCs, and $25 mil ion for~~
~~SBA resource partners to provide online information and training). The act also waived SBDC~~
~~and WBC matching requirements.~~
~~Congress could require the SBA’s resource partners to report to the SBA both output and~~
~~outcome performance data for these grants and to require the SBA to report that information to~~
~~Congress and make that information available to the public on the SBA website.~~
SBA Contracting ~~Programs118~~Programs122
Overview
Federal agencies are required to facilitate the maximum participation of Federal agencies are required to facilitate the maximum participation of ~~smal~~ small businesses as prime businesses as prime
contractors, subcontractors, and suppliers. For example, federal agencies are contractors, subcontractors, and suppliers. For example, federal agencies are ~~general y~~generally required to required to
reserve contracts that have an anticipated value greater than the micro-purchase threshold reserve contracts that have an anticipated value greater than the micro-purchase threshold
(currently $10,000), but not greater than the simplified acquisition threshold (currently $250,000) (currently $10,000), but not greater than the simplified acquisition threshold (currently $250,000)
exclusively for exclusively for ~~smal~~ small businesses unless the contracting officer is unable to obtain offers from two businesses unless the contracting officer is unable to obtain offers from two
or more or more ~~smal~~ small businesses that are competitive with market prices and the quality and delivery of businesses that are competitive with market prices and the quality and delivery of
the goods or services being purchased.the goods or services being purchased.~~119~~123
Several SBA programs assist Several SBA programs assist ~~smal~~ small businesses in obtaining and performing federal contracts and businesses in obtaining and performing federal contracts and
subcontracts. These include various prime contracting programs, subcontracting programs, and subcontracts. These include various prime contracting programs, subcontracting programs, and
other assistance (e.g., contracting technical training assistance and oversight of the federal other assistance (e.g., contracting technical training assistance and oversight of the federal ~~smal~~
small business goaling program and the Surety Bond Guarantee program).business goaling program and the Surety Bond Guarantee program).~~120~~124
8(a) ~~Program121~~Program125
The SBA’s 8(a) Minority The SBA’s 8(a) Minority ~~Smal~~ Small Business and Capital Ownership Development Program provides Business and Capital Ownership Development Program provides
business development assistance to businesses owned and controlled by persons who are business development assistance to businesses owned and controlled by persons who are ~~social y~~
~~and economical y~~socially and economically disadvantaged, have good character, and demonstrate a potential for success. disadvantaged, have good character, and demonstrate a potential for success.~~122~~
126 Although the 8(a) Program was Although the 8(a) Program was ~~original y~~originally established in the 1980s for the benefit of established in the 1980s for the benefit of
disadvantaged individuals,disadvantaged individuals, Congress expanded the program to include Congress expanded the program to include ~~smal~~ small businesses owned by businesses owned by
four disadvantaged groups. four disadvantaged groups. ~~Smal~~ Small businesses owned by Alaska Native Corporations (ANCs), businesses owned by Alaska Native Corporations (ANCs),
Community Development Corporations (CDCs), Indian tribes, and Native Community Development Corporations (CDCs), Indian tribes, and Native ~~Hawai an~~

~~118 For additional information and analysis concerning SBA contracting programs, see CRS Report R45576,~~ An
~~Overview of Sm all Business Contracting, by Robert Jay Dilger.~~
~~119 15 U.S.C. §644(j)(1). Certain regulations implementing this provision of the Small Business Act effectively narrows~~
~~its scope. For example, certain small business contracts awarded or performed overseas are not necessarily required to~~
~~be set aside for small businesses, and the small business~~ Hawaiian Organizations (NHOs) are also eligible to participate in the 8(a) Program under somewhat different requirements. Federal agencies are authorized to award contracts for goods or services, or to perform construction work, to the SBA for subcontracting to 8(a) firms. The SBA is authorized to delegate the function of executing contracts to the procuring agencies and often does so. Once the SBA has accepted a contract for the 8(a) Program, the contract is awarded through either a restricted competition limited to just 8(a) participants (a set aside) or on a sole source basis, with the contract amount generally determining the acquisition method used. 122 For additional information and analysis concerning SBA contracting programs, see CRS Report R45576, An Overview of Small Business Contracting, by Robert Jay Dilger. 123 15 U.S.C. §644(j)(1). Certain regulations implementing this provision of the Small Business Act effectively narrows its scope. For example, certain small business contracts awarded or performed overseas are not necessarily required to be set aside for small businesses, and the small business provisions contained in Part 19 of the Federal Acquisition provisions contained in Part 19 of the Federal Acquisition
Regulation (FAR) generally do not apply to blanket purchase agreements and orders placedRegulation (FAR) generally do not apply to blanket purchase agreements and orders placed against Federalagainst Federal ~~Sup ply~~ Supply
ScheduleSchedule contracts. contracts.
~~120~~124 For additional information and analysis concerning the SBA’s For additional information and analysis concerning the SBA’s Surety BondSurety Bond Program, see CRSProgram, see CRS Report R42037, Report R42037, SBA
Surety Bond Guarantee Program , by Robert Jay Dilger. , by Robert Jay Dilger.
~~121~~125 For additional information and analysis concerning the 8(a) Program, see CRS For additional information and analysis concerning the 8(a) Program, see CRS Report R44844, Report R44844, SBA’s “8(a)
Program”: Overview, History, and Current Issues, by Robert Jay Dilger. , by Robert Jay Dilger.
~~122~~126 Section 8(a) of the Small Section 8(a) of the Small ~~Business~~ Business Act, P.L. 85-536, as amended, can be found at 15 U.S.C.Act, P.L. 85-536, as amended, can be found at 15 U.S.C. §637(a). Regulations §637(a). Regulations
are in 13 C.F.R.are in 13 C.F.R. §124. §124.
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~Organizations (NHOs) are also eligible to participate in the 8(a) Program under somewhat~~
~~different requirements.~~
~~Federal agencies are authorized to award contracts for goods or services, or to perform~~
~~construction work, to the SBA for subcontracting to 8(a) firms. The SBA is authorized to delegate~~
~~the function of executing contracts to the procuring agencies and often does so. Once the SBA has~~
~~accepted a contract for the 8(a) Program, the contract is awarded through either a restricted~~
~~competition limited to just 8(a) participants (a set aside) or on a sole source basis, with the~~
~~contract amount general y determining the acquisition method used.~~
~~For individual y owned smal~~ businesses, when the contract’s anticipated total value, including businesses, when the contract’s anticipated total value, including
any options, is less than $4 any options, is less than $4 ~~mil ion ($7 mil ion~~ million ($7 million for manufacturing contracts), the contract is for manufacturing contracts), the contract is
~~normal y~~normally awarded without competition (as a sole source award). In contrast, when the contract’s awarded without competition (as a sole source award). In contrast, when the contract’s
anticipated value exceeds these thresholds, the contract anticipated value exceeds these thresholds, the contract ~~general y~~generally must be awarded via a set aside must be awarded via a set aside
with competition limited to 8(a) firms so long as there is a reasonable expectation that at least two with competition limited to 8(a) firms so long as there is a reasonable expectation that at least two
eligibleeligible and responsible 8(a) firms and responsible 8(a) firms ~~wil~~ will submit offers and the award can be made at fair market submit offers and the award can be made at fair market
price.price.~~123~~
127 Similar to other participants, firms owned by ANCs, CDCs, NHOs, and Indian tribes are eligible Similar to other participants, firms owned by ANCs, CDCs, NHOs, and Indian tribes are eligible
for 8(a) set asides and may receive sole source awards valued at less than $4 for 8(a) set asides and may receive sole source awards valued at less than $4 ~~mil ion ($7 mil ion~~million ($7 million
for manufacturing contracts). However, firms owned by ANCs and Indian tribes can also receive for manufacturing contracts). However, firms owned by ANCs and Indian tribes can also receive
sole source awards in excess of $4 sole source awards in excess of $4 ~~mil ion ($7 mil ion~~ million ($7 million for manufacturing contracts) even when for manufacturing contracts) even when
contracting officers reasonably expect that at least two eligible and responsible 8(a) firms contracting officers reasonably expect that at least two eligible and responsible 8(a) firms ~~wil~~
will submit offers and the award can be made at fair market price.submit offers and the award can be made at fair market price.~~124~~128 NHO-owned firms may receive NHO-owned firms may receive
sole source awards from the Department of Defense under the same conditions.sole source awards from the Department of Defense under the same conditions.~~125~~129
The 8(a) program is designed to help federal agencies achieve their statutory goal of awarding at The 8(a) program is designed to help federal agencies achieve their statutory goal of awarding at
least 5% of their federal contracting dollars to least 5% of their federal contracting dollars to ~~smal~~ small disadvantaged businesses. disadvantaged businesses.
In FY2019, the federal government awarded $30.3 In FY2019, the federal government awarded $30.3 ~~bil ion~~billion to 8(a) firms. to 8(a) firms.
Historically Underutilized Business Zone ~~Program126~~Program130
The SBA oversees the The SBA oversees the ~~Historical y~~Historically Underutilized Underutilized Business Zones (HUBZones)Business Zones (HUBZones) Program. The Program. The
program assists program assists ~~smal~~ small businesses located in HUBZone-designated areas through set asides, sole businesses located in HUBZone-designated areas through set asides, sole
source awards (so long as the award can be made at a fair and reasonable price, and the source awards (so long as the award can be made at a fair and reasonable price, and the
anticipated total value of the contract, including any options, is below $4 anticipated total value of the contract, including any options, is below $4 ~~mil ion~~million, or $7 , or $7 ~~mil ion~~million
for manufacturing contracts) and price evaluation preferences (of up to 10%) in full and open for manufacturing contracts) and price evaluation preferences (of up to 10%) in full and open
competitions.competitions.~~127~~131 The HUBZone program targets assistance to The HUBZone program targets assistance to ~~smal~~ small businesses located in areas businesses located in areas

~~123 15 U.S.C. §637(a)(1)(D)(ii); and SBA, “Conforming Statutory Amendments and T echnical Corrections to Small~~
~~Business~~ with low income, high poverty, or high unemployment.132 To be certified as a HUBZone small business, at least 35% of the small business’s employees must generally reside in a HUBZone. The HUBZone contracting program is designed to help federal agencies achieve their statutory goal of awarding at least 3% of their federal contracting dollars to HUBZone small businesses. 127 15 U.S.C. §637(a)(1)(D)(ii); and SBA, “Conforming Statutory Amendments and Technical Corrections to Small Business Government Contracting Regulations,” 83Government Contracting Regulations,” 83 Federal Register 12849, March 26, 2018. 12849, March 26, 2018.
~~124~~128 P.L. 100-656, §602(a), 102 Stat. 3887-88 (November 15, 1988) (codified at 15 U.S.C. P.L. 100-656, §602(a), 102 Stat. 3887-88 (November 15, 1988) (codified at 15 U.S.C. §637 note); and 48 C.F.R. §637 note); and 48 C.F.R.
§19.805-1(b)(2). §19.805-1(b)(2).
~~125~~ 129 DOD’s authority to make sole source awards DOD’s authority to make sole source awards to NHO-ownedto NHO-owned firms of contracts valued at more than $4 million ($7 firms of contracts valued at more than $4 million ($7
million for manufacturing contracts) even if contracting officers reasonably expect that offers will be received from at million for manufacturing contracts) even if contracting officers reasonably expect that offers will be received from at
least two responsible small businessesleast two responsible small businesses existed on a temporary basis in 2004existed on a temporary basis in 2004 -2006 and became permanent in 2006. See -2006 and became permanent in 2006. See
P.L. 109-148, Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the GulfP.L. 109-148, Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of of
Mexico, and Pandemic Influenza Act of 2006, §8020, 119 Mexico, and Pandemic Influenza Act of 2006, §8020, 119 ~~St at~~Stat. 2702-03 (December 30, 2005); 48 C.F.R. §219.805-. 2702-03 (December 30, 2005); 48 C.F.R. §219.805-
1(b)(2)(A)-(B). 1(b)(2)(A)-(B).
~~126~~130 For additional information and analysis, see CRS For additional information and analysis, see CRS Report R41268, Report R41268, Small Business Administration HUBZone
Program , by Robert Jay Dilger. , by Robert Jay Dilger.
~~127~~ 131 15 U.S.C. 15 U.S.C. §657a(b)(2-3); and SBA,§657a(b)(2-3); and SBA, “Conforming Statutory Amendments and “Conforming Statutory Amendments and ~~T echnical~~Technical Corrections to Small Business Government Contracting Regulations,” 83 Federal Register 12849, March 26, 2018. 132 For specific criteria, see 15 U.S.C. §632(p)(4); and 13 C.F.R. §126.103. Congressional Research Service 33 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options In FY2019, the federal government awarded $10.8 billion to HUBZone-certified small businesses. Service-Disabled Veteran-Owned Small Business Program The SBA oversees the Service-Disabled Veteran-Owned Small Business (SDVOSB) Program. The program allows ~~Corrections to Small~~
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~with low income, high poverty, or high unemployment.128 To be certified as a HUBZone smal~~
~~business, at least 35% of the smal business’s employees must general y reside in a HUBZone.~~
~~The HUBZone contracting program is designed to help federal agencies achieve their statutory~~
~~goal of awarding at least 3% of their federal contracting dollars to HUBZone smal businesses.~~
~~In FY2019, the federal government awarded $10.8 bil ion to HUBZone-certified smal~~
~~businesses.~~
~~Service-Disabled Veteran-Owned Small Business Program~~
~~The SBA oversees the Service-Disabled Veteran-Owned Smal Business (SDVOSB) Program.~~
~~The program al ows~~ agencies to set aside contracts for SDVOSBs. Federal agencies may award agencies to set aside contracts for SDVOSBs. Federal agencies may award
sole source contracts to SDVOSBs so long as the award can be made at a fair and reasonable sole source contracts to SDVOSBs so long as the award can be made at a fair and reasonable
price, and the anticipated total value of the contract, including any options, is below $4 price, and the anticipated total value of the contract, including any options, is below $4 ~~mil ion~~million
($6.5 ($6.5 ~~mil ion~~million for manufacturing contracts). for manufacturing contracts).~~129~~133 For purposes of this program, veterans with service- For purposes of this program, veterans with service-
related disabilitiesrelated disabilities are defined as they are under the statutes governing veterans affairs.are defined as they are under the statutes governing veterans affairs.~~130~~
134 The SDVOSB contracting program is designed to help federal agencies achieve their statutory The SDVOSB contracting program is designed to help federal agencies achieve their statutory
goal of awarding at least 3% of their federal contracting dollars to SDVOSBs. goal of awarding at least 3% of their federal contracting dollars to SDVOSBs.
In FY2019, the federal government awarded $23.5 In FY2019, the federal government awarded $23.5 ~~bil ion~~billion to SDVOSBs. to SDVOSBs.
Women-Owned Small Business Program
The SBA oversees the Women-Owned The SBA oversees the Women-Owned ~~Smal~~ Small Businesses (WOSB) Program. Under this program, Businesses (WOSB) Program. Under this program,
federal contracting officers may set aside federal contracts (or orders) for WOSBs and federal contracting officers may set aside federal contracts (or orders) for WOSBs and
~~Economical y~~Economically Disadvantaged Women-Owned Disadvantaged Women-Owned ~~Smal~~ Small Businesses (EDWOSBs) in industries in Businesses (EDWOSBs) in industries in
which the SBA determines WOSBs are which the SBA determines WOSBs are ~~substantial y~~substantially underrepresented in federal procurement. underrepresented in federal procurement.
Federal contracting officers can also set aside federal contracts for EDWOSBs exclusively in Federal contracting officers can also set aside federal contracts for EDWOSBs exclusively in
industries in which the SBA determines WOSBs are underrepresented in federal procurement. industries in which the SBA determines WOSBs are underrepresented in federal procurement.
The WOSB Program is designed to help federal agencies achieve their statutory goal of awarding The WOSB Program is designed to help federal agencies achieve their statutory goal of awarding
at least 5% of their federal contracting dollars to WOSBs. at least 5% of their federal contracting dollars to WOSBs.
Federal agencies may award sole source contracts to WOSBs so long as the award can be made at Federal agencies may award sole source contracts to WOSBs so long as the award can be made at
a fair and reasonable price, and the anticipated total value of the contract, including any options, a fair and reasonable price, and the anticipated total value of the contract, including any options,
is below $4 is below $4 ~~mil ion ($6.5 mil ion~~million ($6.5 million for manufacturing contracts). for manufacturing contracts).~~131~~
135 In FY2019, the federal government awarded $25 In FY2019, the federal government awarded $25 ~~bil ion to WOSBs.~~

~~Business Government Contracting Regulations,” 83 Federal Register 12849, March 26, 2018.~~
~~128 For specific criteria, see 15 U.S.C. §632(p)(4); and 13 C.F.R. §126.103.~~
~~129 15 U.S.C. §657f(a-b); and SBA, “Conforming Statutory Amendments and T echnical~~billion to WOSBs. SBA Surety Bond Program136 The SBA’s Surety Bond Guarantee Program has been operational since April 1971.137 It is designed to increase small business’ access to federal, state, and local government contracting, as 133 15 U.S.C. §657f(a-b); and SBA, “Conforming Statutory Amendments and Technical Corrections to Small Business Corrections to Small Business
Government Contracting Regulations,” 83Government Contracting Regulations,” 83 Federal Register 12849, March 26, 2018. 12849, March 26, 2018.
~~130~~134 38 U.S.C. 38 U.S.C. §8127(f). Veteran-owned small businesses§8127(f). Veteran-owned small businesses and service-disabledand service-disabled veteran-owned small businessesveteran-owned small businesses are are
eligibleeligible for separate preferences in procurements conducted by the Department of Veterans Affairs under the for separate preferences in procurements conducted by the Department of Veterans Affairs under the ~~author ity~~authority
of P.L. 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006, as amended by P.L. of P.L. 109-461, the Veterans Benefits, Health Care, and Information Technology Act of 2006, as amended by P.L.
110-389, the Veterans’ Benefits Improvements Act of 2008. 110-389, the Veterans’ Benefits Improvements Act of 2008.
~~131~~135 15 U.S.C. 15 U.S.C. §637(m); and SBA,§637(m); and SBA, “Conforming Statutory Amendments and “Conforming Statutory Amendments and ~~T echnical~~Technical Corrections to Small Business Corrections to Small Business
Government Contracting Regulations,” 83Government Contracting Regulations,” 83 Federal Register 12849, March 26, 2018. 12849, March 26, 2018.
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~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

~~SBA Surety Bond Program132~~
~~The SBA’s Surety Bond Guarantee Program has been operational since April 1971.133 It is~~
~~designed to increase smal business’ access to federal, state, and local government contracting, as~~
~~wel~~ 136 For additional information and analysis concerning the SBA’s Surety Bond Program, see CRS Report R42037, SBA Surety Bond Guarantee Program, by Robert Jay Dilger. 137 P.L. 91-609, the Housing and Urban Development Act of 1970; and U.S. Congress, Senate Committee on Banking, Housing, and Urban Affairs, Small Business Legislation - 1974, hearing on S. 3137 and S. 3138, 93rd Cong., 2nd sess., March 13, 1974 (Washington, DC: GPO, 1974), p. 19. Congressional Research Service 34 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options well as private sector contracting, by guaranteeing bid, performance, payment, and specified as private sector contracting, by guaranteeing bid, performance, payment, and specified
~~ancil ary~~ancillary bonds “on contracts … for bonds “on contracts … for ~~smal~~ small and emerging contractors who cannot obtain bonding and emerging contractors who cannot obtain bonding
through regular commercial channels.”through regular commercial channels.”~~134~~138 The program guarantees individual contracts of up to The program guarantees individual contracts of up to
$6.5 $6.5 ~~mil ion~~million, and up to $10 , and up to $10 ~~mil ion~~ million for federal contracts if a federal contracting officer certifies for federal contracts if a federal contracting officer certifies
that such a guarantee is necessary. The $6.5 that such a guarantee is necessary. The $6.5 ~~mil ion limit is periodical y~~ million limit is periodically adjusted for inflation.adjusted for inflation.~~135~~
139 The SBA’s guarantee currently ranges from 80% to 90% of the surety’s loss if a default occurs. The SBA’s guarantee currently ranges from 80% to 90% of the surety’s loss if a default occurs.
In FY2019, the SBA In FY2019, the SBA guaranteed 9,905 bid and final surety bonds (a payment bond, performance guaranteed 9,905 bid and final surety bonds (a payment bond, performance
bond, or both a payment and performance bond) with a total contract value of nearly $6.5 bond, or both a payment and performance bond) with a total contract value of nearly $6.5
~~bil ion.136~~billion.140
A surety bond is a three-party instrument between a surety (who agrees to be responsible for the A surety bond is a three-party instrument between a surety (who agrees to be responsible for the
debt or obligation of another), a contractor, and a project owner. The agreement binds the debt or obligation of another), a contractor, and a project owner. The agreement binds the
contractor to comply with the contract’s terms and conditions. If the contractor is unable to contractor to comply with the contract’s terms and conditions. If the contractor is unable to
successfully perform the contract, the surety assumes the contractor’s responsibilities and ensures successfully perform the contract, the surety assumes the contractor’s responsibilities and ensures
that the project is completed. Surety bonds encourage project owners to contract with that the project is completed. Surety bonds encourage project owners to contract with ~~smal~~
small businesses that may not have the credit history or prior experience of larger businesses and may businesses that may not have the credit history or prior experience of larger businesses and may
be at greater risk of failing to comply with the contract’s terms and conditions. be at greater risk of failing to comply with the contract’s terms and conditions.
Surety bonds are important to Surety bonds are important to ~~smal~~ small businesses interested in competing for federal contracts businesses interested in competing for federal contracts
because the federal government requires prime contractors—prior to the award of a federal because the federal government requires prime contractors—prior to the award of a federal
contract exceeding $150,000 for the construction, alteration, or repair of any building or public contract exceeding $150,000 for the construction, alteration, or repair of any building or public
work of the United States—to furnish a performance bond issued by a surety satisfactory to the work of the United States—to furnish a performance bond issued by a surety satisfactory to the
contracting officer in an amount that the officer considers adequate to protect the government. contracting officer in an amount that the officer considers adequate to protect the government.
Current Issues, Debates, and Lessons Learned
Congress included enhancements for Congress included enhancements for ~~smal~~ small business contracting in both ARRAbusiness contracting in both ARRA (increased funding (increased funding
and higher maximum bond amounts for the SBA Surety Bond program) and the and higher maximum bond amounts for the SBA Surety Bond program) and the ~~Smal~~ Small Business Business
Jobs Act of 2010 (new restrictions on the consolidation or bundling of contracts that make it more Jobs Act of 2010 (new restrictions on the consolidation or bundling of contracts that make it more
difficult for difficult for ~~smal~~ small businesses to be awarded the contract). The CARES Act authorizes federal businesses to be awarded the contract). The CARES Act authorizes federal

~~132 For additional information and analysis concerning the SBA’s Surety Bond Program, see CRS Report R42037,~~ ~~SBA~~
~~Surety Bond Guarantee Program~~ ~~, by Robert Jay Dilger.~~
~~133 P.L. 91-609, the Housing and Urban Development Act of 1970; and U.S. Congress, Senate Committee on Banking,~~
~~Housing, and Urban Affairs, Sm all Business Legislation - 1974, hearing on S. 3137 and S. 3138, 93rd Cong., 2nd sess.,~~
~~March 13, 1974 (Washington, DC: GPO, 1974), p. 19.~~
~~134 SBA, “ FY2016 Congressional Budget~~ agencies to modify a contract’s terms and conditions to reimburse contractors—at the minimum billing rate not to exceed an average of 40 hours per week—for any paid leave (including sick leave) the contractor provides to keep its employees or subcontractors in a ready state through September 30, 2020. Eligible contractors are those whose employees or subcontractors cannot perform work on a federally approved site due to facility closures or other restrictions because of COVID-19 and cannot telework because their job duties cannot be performed remotely. 138 SBA, “FY2016 Congressional Budget Justification and FY2014 Annual Performance Report,” p. 44, at Justification and FY2014 Annual Performance Report,” p. 44, at
https://www.sba.gov/sites/default/files/1-FY%202016%20CBJ%20FY%202014%20APR.PDF. An ancillary bond, https://www.sba.gov/sites/default/files/1-FY%202016%20CBJ%20FY%202014%20APR.PDF. An ancillary bond,
which ensureswhich ensures that requirements integral to the contract, but not directly performance related, are performed, is eligible that requirements integral to the contract, but not directly performance related, are performed, is eligible
if it is incidental and essential to a contract for which SBAif it is incidental and essential to a contract for which SBA has guaranteed a final bond.has guaranteed a final bond. A reclamation bond is eligible A reclamation bond is eligible
if it is issuedif it is issued to reclaim an abandoned mine site and for a project undertaken for a specific period of time. to reclaim an abandoned mine site and for a project undertaken for a specific period of time.
~~135~~139 P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013, increased the program’s guarantee limit P.L. 112-239, the National Defense Authorization Act for Fiscal Year 2013, increased the program’s guarantee limit
from $2 million to $6.5 million, and up to $10 million for a federal contract if certified. from $2 million to $6.5 million, and up to $10 million for a federal contract if certified. ~~T he~~The act also includes a act also includes a
provision to increase the $6.5 million limit periodically for inflation “by striking ‘does not exceed’ and all that follows provision to increase the $6.5 million limit periodically for inflation “by striking ‘does not exceed’ and all that follows
through the period at the end, and inserting ‘does not exceed $6,500,000,’ as adjusted for inflation in accordance with through the period at the end, and inserting ‘does not exceed $6,500,000,’ as adjusted for inflation in accordance with
Section 1908 of title 41, United States Code.” Section 1908 of title 41, United States Code.” ~~T hat~~That section of the section of the U.S. Code provides for an inflation adjustment on provides for an inflation adjustment on
October 1 of each year evenly divisibleOctober 1 of each year evenly divisible by five. by five.
~~136~~ 140 SBA, SBA, Office of Congressional and Legislative Affairs, correspondence with the author, January 14, 2020.Office of Congressional and Legislative Affairs, correspondence with the author, January 14, 2020.
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~~agencies to modify a contract’s terms and conditions to reimburse contractors—at the minimum~~
~~bil ing rate not to exceed an average of 40 hours per week—for any paid leave (including sick~~
~~leave) the contractor provides to keep its employees or subcontractors in a ready state through~~
~~September 30, 2020. Eligible contractors are those whose employees or subcontractors cannot~~
~~perform work on a federal y approved site due to facility closures or other restrictions because of~~
~~COVID-19 and cannot telework because their job duties cannot be performed remotely.~~
Concluding Observations
In response to the Great Recession, Congress took a number of actions to enhance In response to the Great Recession, Congress took a number of actions to enhance ~~smal~~
small businesses’ access to capital, management and training programs, and contracting opportunities. businesses’ access to capital, management and training programs, and contracting opportunities.
The goal then, as it is now, was to provide The goal then, as it is now, was to provide ~~smal~~ small businesses with the resources necessary to businesses with the resources necessary to
survive the economic downturn and retain or create jobs. Some of the CARES Act’s provisions survive the economic downturn and retain or create jobs. Some of the CARES Act’s provisions
(e.g., fee waivers, increased loan limits, and increased guarantee percentages) were used in (e.g., fee waivers, increased loan limits, and increased guarantee percentages) were used in
legislationlegislation passed during the 111th Congress to address the severe economic slowdown during and passed during the 111th Congress to address the severe economic slowdown during and
immediately following the Great Recession (2007-2009). The main difference between that immediately following the Great Recession (2007-2009). The main difference between that
legislationlegislation and the CARES Act is that the CARES Act includes loan deferrals, loan forgiveness, and the CARES Act is that the CARES Act includes loan deferrals, loan forgiveness,
and greatly expanded eligibility,and greatly expanded eligibility, including, for the first time, specified types of nonprofit including, for the first time, specified types of nonprofit
organizations. organizations.
The CARES Act’s inclusion of loan deferral and forgiveness is, at least partly, due to the unique The CARES Act’s inclusion of loan deferral and forgiveness is, at least partly, due to the unique
economic dislocations and reduction in consumer spending resulting from individuals and economic dislocations and reduction in consumer spending resulting from individuals and
households engaging in physical distancing to avoid COVID-19 infection. households engaging in physical distancing to avoid COVID-19 infection.
As mentioned, because COVID-19’s adverse economic impact is so widespread, including As mentioned, because COVID-19’s adverse economic impact is so widespread, including
productivity losses, supply chain disruptions, labor dislocation, and financial pressure on productivity losses, supply chain disruptions, labor dislocation, and financial pressure on
businesses and households, there has been relatively littlebusinesses and households, there has been relatively little concern expressed about federal fiscal concern expressed about federal fiscal
restraint during the current pandemic. The debate has been primarily over which specific policies restraint during the current pandemic. The debate has been primarily over which specific policies
would have the greatest impact and which types of would have the greatest impact and which types of ~~smal~~ small businesses and businesses and ~~smal~~ small business owners business owners
should be helped the most. should be helped the most.
Among the lessons learned from the 111th Congress is the potential benefits that can be derived Among the lessons learned from the 111th Congress is the potential benefits that can be derived
from providing additional funding for the SBA’s Office of Inspector General and the Government from providing additional funding for the SBA’s Office of Inspector General and the Government
Accountability Office. GAO and the SBA’s OIG can provide Congress information that could Accountability Office. GAO and the SBA’s OIG can provide Congress information that could
prove useful as Congress engages in congressional oversight of the SBA’s administration of the prove useful as Congress engages in congressional oversight of the SBA’s administration of the
CARES Act, provide an early warning if unforeseen administrative problems should arise, and, CARES Act, provide an early warning if unforeseen administrative problems should arise, and,
through investigations and audits, serve as a deterrent to fraud. The CARES Act addressed this through investigations and audits, serve as a deterrent to fraud. The CARES Act addressed this
issue by providing the SBA’s OIG $25 issue by providing the SBA’s OIG $25 ~~mil ion~~ million for its investigative functions. Also, the Economic for its investigative functions. Also, the Economic
Aid to Hard-Hit Aid to Hard-Hit ~~Smal~~ Small Businesses, Nonprofits, and Venues Act (Division Businesses, Nonprofits, and Venues Act (Division MN, Title III of the , Title III of the
Consolidated Appropriations Act of 2021), provided the SBA OIG an additional $20 Consolidated Appropriations Act of 2021), provided the SBA OIG an additional $20 ~~mil ion to~~
million to prevent waste, fraud, and abuse in the awarding of EIDL Targeted advance payment grants. The prevent waste, fraud, and abuse in the awarding of EIDL Targeted advance payment grants. The
act also provides the SBAact also provides the SBA ~~$50 mil ion~~ $50 million for PPP auditing and fraud mitigation efforts.for PPP auditing and fraud mitigation efforts.
Requiring the SBA to report regularly on its implementation of the CARES Act could also Requiring the SBA to report regularly on its implementation of the CARES Act could also
promote transparency and assist Congress in performing its oversight responsibilities. In addition, promote transparency and assist Congress in performing its oversight responsibilities. In addition,
requiring output and outcome performance measures and requiring the SBA to report this requiring output and outcome performance measures and requiring the SBA to report this
information directly to both Congress and the public by posting that information on the SBA’s information directly to both Congress and the public by posting that information on the SBA’s
website could enhance both congressional oversight and public confidence in the SBA’s efforts to website could enhance both congressional oversight and public confidence in the SBA’s efforts to
assist assist ~~smal~~ small businesses. businesses.
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Appendix. Major Provisions of the CARES Act, the
Paycheck Protection Program and Health Care
Enhancement Act, the Paycheck Protection Program
Flexibility Act, the Heroes Act, the Continuing
Small Business Recovery and Paycheck Protection
Program Act, and the (updated) Heroes Act
The Coronavirus Aid, Relief, and Economic Security Act (CARES
Act; P.L. 116-136)
 established a Paycheck Protection Program (PPP) to provide “covered loans”  established a Paycheck Protection Program (PPP) to provide “covered loans”
with a 100% SBA loan guarantee, a maximum term of 10 years, and an interest with a 100% SBA loan guarantee, a maximum term of 10 years, and an interest
rate not to exceed 4% to assist rate not to exceed 4% to assist ~~smal~~ small businesses and other organizations adversely businesses and other organizations adversely
affected by the Coronavirus Disease 2019 (COVID-19). The SBA announced that affected by the Coronavirus Disease 2019 (COVID-19). The SBA announced that
PPP loans PPP loans ~~wil~~ will have a two-year term at a 1% interest rate;have a two-year term at a 1% interest rate;
 defines a covered loan as a loan made to an eligible  defines a covered loan as a loan made to an eligible recipient from February 15, recipient from February 15,
2020, through June 30, 2020; 2020, through June 30, 2020;
 waives the up-front loan guarantee fee and annual servicing fee, the no credit  waives the up-front loan guarantee fee and annual servicing fee, the no credit
elsewhere requirement, and the requirements for collateral and a personal elsewhere requirement, and the requirements for collateral and a personal
guarantee for a covered loan; guarantee for a covered loan;
 expands eligibility  expands eligibility for a covered loan to include 7(a) eligiblefor a covered loan to include 7(a) eligible businesses and any businesses and any
business, 501(c)(3) nonprofit organization, 501(c)(19) veteran’s organization, or business, 501(c)(3) nonprofit organization, 501(c)(19) veteran’s organization, or
tribal business not currently eligible that has not more than 500 employees or, if tribal business not currently eligible that has not more than 500 employees or, if
applicable, the SBA’s size standard in number of employees for the industry in applicable, the SBA’s size standard in number of employees for the industry in
which they operate. Sole proprietors, independent contractors, and eligible self-which they operate. Sole proprietors, independent contractors, and eligible self-
employed individuals are also eligibleemployed individuals are also eligible to receive a covered loan;to receive a covered loan;~~137~~
~~ al ows~~141  allows borrowers to refinance Economic Injury Disaster Loans (EIDLs) made on borrowers to refinance Economic Injury Disaster Loans (EIDLs) made on
or after January 31, 2020, as part of a covered loan; or after January 31, 2020, as part of a covered loan;
 increases the maximum loan amount for a covered loan to the lesser of (1) 2.5  increases the maximum loan amount for a covered loan to the lesser of (1) 2.5
times the average total monthly payments by the applicant for payroll costs times the average total monthly payments by the applicant for payroll costs
incurred during the one-year period before the date on which the loan is made incurred during the one-year period before the date on which the loan is made
plus the outstanding balance of any EIDL made on or after January 31, 2020, that plus the outstanding balance of any EIDL made on or after January 31, 2020, that
is refinanced as part of a covered loan, or (2) $10 is refinanced as part of a covered loan, or (2) $10 ~~mil ion~~million; ;
 specifies that covered loans are nonrecourse (meaning that the SBA cannot  specifies that covered loans are nonrecourse (meaning that the SBA cannot
pursue collections actions against the recipient(s) in the case of nonpayment) pursue collections actions against the recipient(s) in the case of nonpayment)

~~137~~ 141 For purposes of determining not more than 500 employees, the term employee includes individuals For purposes of determining not more than 500 employees, the term employee includes individuals employed on a employed on a
full-time, partfull-time, part -time, or other basis. Also, special eligibility-time, or other basis. Also, special eligibility considerations are provided for certain businessesconsiderations are provided for certain businesses and and
organizations. For example, businessesorganizations. For example, businesses operating in NAICSoperating in NAICS Sector 72 (Sector 72 ( Accommodation and Food ServicesAccommodation and Food Services industry) industry)
that employ not more than 500 employees per physical location are also eligiblethat employ not more than 500 employees per physical location are also eligible for a covered loan. Affiliation rules are for a covered loan. Affiliation rules are
also waivedalso waived for: (1) NAICSfor: (1) NAICS Sector 72 businesses,Sector 72 businesses, (2) franchises, and (3) SBIC-owned(2) franchises, and (3) SBIC-owned businesses.businesses. In other words, these In other words, these
businessesbusinesses ~~would~~ would not be deniednot be denied a covered loan solely becausea covered loan solely because they employ more thanthey employ more than 500 employees across multiple 500 employees across multiple
businessesbusinesses ~~under~~ under common ownership. common ownership.
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except to the extent that the covered loan proceeds are used for nonauthorized except to the extent that the covered loan proceeds are used for nonauthorized
purposes; purposes;
  ~~al ows~~allows covered loans to be used for payroll costs, costs related to the continuation covered loans to be used for payroll costs, costs related to the continuation
of group health care benefits during periods of paid sick, medical, or family of group health care benefits during periods of paid sick, medical, or family
leave, and insurance premiums, employee salaries, commissions, or similar leave, and insurance premiums, employee salaries, commissions, or similar
compensations, mortgage payments, rent, utilities, and interest on any other debt compensations, mortgage payments, rent, utilities, and interest on any other debt
obligations that were incurred before the covered period; obligations that were incurred before the covered period;
 expands lender delegated loan approval authority for making covered loans to  expands lender delegated loan approval authority for making covered loans to al
all 7(a) lenders to expedite PPP loan processing; 7(a) lenders to expedite PPP loan processing;
 requires lenders, when evaluating borrower eligibility  requires lenders, when evaluating borrower eligibility for a covered loan, to for a covered loan, to
consider whether the borrower was in operation on February 15, 2020, had consider whether the borrower was in operation on February 15, 2020, had
employees for whom the borrower paid salaries and payroll taxes, and paid employees for whom the borrower paid salaries and payroll taxes, and paid
independent contractors; independent contractors;
 requires borrowers to, among other acknowledgements,  requires borrowers to, among other acknowledgements,
 make a good faith certification that the covered loan is needed because of the  make a good faith certification that the covered loan is needed because of the
uncertainty of current economic conditions and to support ongoing uncertainty of current economic conditions and to support ongoing
operations, and operations, and
 acknowledge that the funds  acknowledge that the funds ~~wil~~ will be used to retain workers, maintain payroll, be used to retain workers, maintain payroll,
or make mortgage payments, lease payments, and utility payments; or make mortgage payments, lease payments, and utility payments;
 requires lenders to provide “impacted borrowers” adversely affected by COVID-  requires lenders to provide “impacted borrowers” adversely affected by COVID-
19 “complete payment deferment relief” 19 “complete payment deferment relief”~~138~~142 on a covered PPP loan for not less on a covered PPP loan for not less
than six months and not more than one year if the borrower was in operation on than six months and not more than one year if the borrower was in operation on
February 15, 2020, and has an application for a covered loan approved or February 15, 2020, and has an application for a covered loan approved or
pending approval on or after the date of enactment. The SBA announced that pending approval on or after the date of enactment. The SBA announced that
covered loan payments covered loan payments ~~wil~~ will be deferred for six months. However, interest be deferred for six months. However, interest ~~wil~~
will continue to accrue on these loans during the six-month deferment;continue to accrue on these loans during the six-month deferment;~~139~~143
 presumes that each eligible recipient that applies for a PPP loan is an impacted  presumes that each eligible recipient that applies for a PPP loan is an impacted
borrower and authorizes the SBA Administrator to purchase covered loans sold borrower and authorizes the SBA Administrator to purchase covered loans sold
on the secondary market so that affected borrowers may receive a deferral for not on the secondary market so that affected borrowers may receive a deferral for not
more than one year. The SBA has announced that the deferment relief on covered more than one year. The SBA has announced that the deferment relief on covered
loans loans ~~wil~~ will be for six months; be for six months;
 provides for the forgiveness of covered loan amounts equal to the amount the  provides for the forgiveness of covered loan amounts equal to the amount the
borrower spent during an 8-week period after the loan’s origination date on borrower spent during an 8-week period after the loan’s origination date on
payroll costs, interest payment on any mortgage incurred prior to February 15, payroll costs, interest payment on any mortgage incurred prior to February 15,
2020, payment of rent on any lease in force prior to February 15, 2020, and 2020, payment of rent on any lease in force prior to February 15, 2020, and
payment on any utilitypayment on any utility for which service began before February 15, 2020. The for which service began before February 15, 2020. The
amount of loan forgiveness cannot exceed the covered loan’s principal amount. amount of loan forgiveness cannot exceed the covered loan’s principal amount.
The forgiveness is reduced The forgiveness is reduced ~~proportional y~~proportionally by formulas related to the borrower’s by formulas related to the borrower’s
retention of full-time equivalent employees compared to the borrower’s choice of retention of full-time equivalent employees compared to the borrower’s choice of
either (1) the period beginning on February 15, 2019, and ending on June 30, either (1) the period beginning on February 15, 2019, and ending on June 30,
2019, or (2) January 1, 2020, and February 29, 2020; and by the amount of any 2019, or (2) January 1, 2020, and February 29, 2020; and by the amount of any
reduction in pay of any employee beyond 25% of their salary or wages during the reduction in pay of any employee beyond 25% of their salary or wages during the

~~138~~ 142 According to the bill text, “complete deferment relief” includes payment of principal, interest, and fees. According to the bill text, “complete deferment relief” includes payment of principal, interest, and fees.
~~139~~ 143 SBA, SBA, “Business“Business Loan Program Loan Program ~~T emporary~~Temporary Changes; Paycheck Protection Program,” 85 Changes; Paycheck Protection Program,” 85 Federal Register 20813, 20813,
April 15, 2020. April 15, 2020.
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most recent full quarter before the covered period. most recent full quarter before the covered period.~~140~~144 Borrowers that re-hire Borrowers that re-hire
workers previously laid off workers previously laid off ~~wil~~ will not be penalized for having a reduced payroll at not be penalized for having a reduced payroll at
the beginning of the period. the beginning of the period. ~~Cancel ed~~Cancelled debt resulting from loan forgiveness debt resulting from loan forgiveness
would not be included in the borrower’s taxable federal income; would not be included in the borrower’s taxable federal income;
 The SBA has announced that due to likely high subscription, at least 75% of the  The SBA has announced that due to likely high subscription, at least 75% of the
forgiven loan amount must have been used for payroll; forgiven loan amount must have been used for payroll;~~141~~
145  requires the SBA to pay the principal, interest, and any associated fees that are  requires the SBA to pay the principal, interest, and any associated fees that are
owed on an existing 7(a), 504/CDC, or Microloan that is in a regular servicing owed on an existing 7(a), 504/CDC, or Microloan that is in a regular servicing
status for a six-month period starting on the next payment due. Loans that are status for a six-month period starting on the next payment due. Loans that are
already on deferment will receive six months of payment by the SBA beginning already on deferment will receive six months of payment by the SBA beginning
with the first payment after the deferral period. Loans made up until six months with the first payment after the deferral period. Loans made up until six months
after enactment after enactment ~~wil~~ will also receive a full six months of SBA loan payments; also receive a full six months of SBA loan payments;
 requires federal banking agencies or the National Credit Union Administration  requires federal banking agencies or the National Credit Union Administration
Board applying capital requirements under their respective risk-based capital Board applying capital requirements under their respective risk-based capital
requirements to provide a covered loan with a 0%-risk weight; requirements to provide a covered loan with a 0%-risk weight;
 increases the SBA’s lending authorization under Section 7(a) of the  increases the SBA’s lending authorization under Section 7(a) of the ~~Smal~~
Small Business Act from $30 Business Act from $30 ~~bil ion~~billion to $349 to $349 ~~bil ion~~ billion during the covered period; during the covered period;
 increases the SBAExpress loan limit from $350,000 to $1  increases the SBAExpress loan limit from $350,000 to $1 ~~mil ion~~million (reverts to (reverts to
$350,000 on January 1, 2021); $350,000 on January 1, 2021);
 permanently eliminates the zero subsidy requirement to waive SBAExpress loan  permanently eliminates the zero subsidy requirement to waive SBAExpress loan
fees for veterans; fees for veterans;
 appropriates $349  appropriates $349 ~~bil ion~~ billion for loan guarantees and subsidies (remaining available for loan guarantees and subsidies (remaining available
through FY2021), $675 through FY2021), $675 ~~mil ion~~million for the SBA’s salaries and expenses account, $25 for the SBA’s salaries and expenses account, $25
~~mil ion~~ million for the SBA’s Office of Inspector General (OIG), $562 for the SBA’s Office of Inspector General (OIG), $562 ~~mil ion~~million for for
disaster loans, $265 disaster loans, $265 ~~mil ion~~million for entrepreneurial development programs ($192 for entrepreneurial development programs ($192
~~mil ion~~ million for SBDCs, $48 for SBDCs, $48 ~~mil ion~~ million for WBCs, and $25 for WBCs, and $25 ~~mil ion~~ million for SBAfor SBA resource resource
partners to provide online information and training), $17 partners to provide online information and training), $17 ~~bil ion~~ billion for subsidies for for subsidies for
certain loan payments, and $10 certain loan payments, and $10 ~~mil ion~~million for the Department of Commerce’s for the Department of Commerce’s
Minority Business Development Agency; Minority Business Development Agency;
  ~~al ows~~allows the period of use of FY2018 and FY2019 grant awards made under the the period of use of FY2018 and FY2019 grant awards made under the
State Trade Expansion Program (STEP) through FY2021; State Trade Expansion Program (STEP) through FY2021;
 reimburses (up to the grant amount received) STEP award recipients for financial  reimburses (up to the grant amount received) STEP award recipients for financial
losses relating to a foreign trade mission or a trade show exhibition that was losses relating to a foreign trade mission or a trade show exhibition that was
~~cancel ed~~cancelled solely due to a public health emergency declared due to COVID-19; solely due to a public health emergency declared due to COVID-19;
 waives SBDC and WBC matching requirements;  waives SBDC and WBC matching requirements;
 requires federal agencies to continue to pay  requires federal agencies to continue to pay ~~smal~~ small business contractors and revise business contractors and revise
delivery schedules, holding delivery schedules, holding ~~smal~~ small contractors harmless for being unable to contractors harmless for being unable to
perform a contract due to COVID-19 caused interruptions until September 2021; perform a contract due to COVID-19 caused interruptions until September 2021;
 requires federal agencies to promptly pay  requires federal agencies to promptly pay ~~smal~~ small business prime contractors and business prime contractors and
requires prime contractors to promptly pay requires prime contractors to promptly pay ~~smal~~ small business subcontractors within business subcontractors within
15 days, notwithstanding any other provision of law or regulation, for the 15 days, notwithstanding any other provision of law or regulation, for the

~~140~~ 144 For the purposes of the reduction formula, reductions in employees with wages For the purposes of the reduction formula, reductions in employees with wages or salary at an annualizedor salary at an annualized rate of pay rate of pay
more than $100,000 are not taken into account. Businesses may also receive forgiveness amounts more than $100,000 are not taken into account. Businesses may also receive forgiveness amounts ~~f or~~for additional wages additional wages
paid to tipped employees. paid to tipped employees.
~~141~~ 145 SBA, SBA, “Business“Business Loan Program Loan Program ~~T emporary~~Temporary Changes; Paycheck Protection Program,” 85 Changes; Paycheck Protection Program,” 85 Federal Register 20813- 20813-
20814, April 15, 2020. 20814, April 15, 2020.
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duration of the President invoking the Defense Production Act in response to duration of the President invoking the Defense Production Act in response to
COVID-19; and COVID-19; and
 provides SBA Emergency Injury Disaster Loan (EIDL) enhancements during the  provides SBA Emergency Injury Disaster Loan (EIDL) enhancements during the
covered period of January 31, 2020, through December 31, 2020, including covered period of January 31, 2020, through December 31, 2020, including
 expanding eligibility expanding eligibility beyond currently eligible beyond currently eligible ~~smal~~ small businesses, private businesses, private
nonprofit organizations, and nonprofit organizations, and ~~smal~~ small agricultural cooperatives, to include agricultural cooperatives, to include
startups, cooperatives, and eligible ESOPs (employee stock ownership plans) startups, cooperatives, and eligible ESOPs (employee stock ownership plans)
with not more than 500 employees, sole proprietors, and independent with not more than 500 employees, sole proprietors, and independent
contractors; contractors;
 authorizing the SBA Administrator, in response to economic injuries caused  authorizing the SBA Administrator, in response to economic injuries caused
by COVID-19, to by COVID-19, to
 waive the no credit available elsewhere requirement,  waive the no credit available elsewhere requirement,
 approve an applicant based solely on their credit score,  approve an applicant based solely on their credit score,
 not require applicants to submit a tax return or tax return transcript for  not require applicants to submit a tax return or tax return transcript for
approval, approval,
 waive any rules related to the personal guarantee on advances and loans  waive any rules related to the personal guarantee on advances and loans
of not more than $200,000, of not more than $200,000,
 waive the requirement that the applicant needs to be in business for the  waive the requirement that the applicant needs to be in business for the
one-year period before the disaster declaration, except that no waiver one-year period before the disaster declaration, except that no waiver
may be made for a business that was not in operation on January 31, may be made for a business that was not in operation on January 31,
2020;2020;
 authorizing the SBA Administrator, through December 31, 2020, to provide  authorizing the SBA Administrator, through December 31, 2020, to provide
up to $10,000 as an advance payment in the amount requested within three up to $10,000 as an advance payment in the amount requested within three
days after receiving an EIDL application from an eligibledays after receiving an EIDL application from an eligible entity. Applicants entity. Applicants
are not required to repay the advance payment, even if subsequently denied are not required to repay the advance payment, even if subsequently denied
an EIDL loan. The funds may be used for any eligible EIDL expense, an EIDL loan. The funds may be used for any eligible EIDL expense,
including, among other expenses, providing paid sick leave to employees including, among other expenses, providing paid sick leave to employees
unable to work due to COVID-19, maintaining payroll to retain employees, unable to work due to COVID-19, maintaining payroll to retain employees,
and meeting increased costs to obtain materials due to supply chain and meeting increased costs to obtain materials due to supply chain
disruptions. The SBA limiteddisruptions. The SBA limited EIDL-advance payments to $1,000 per EIDL-advance payments to $1,000 per
employee, up to a maximum of $10,000; and employee, up to a maximum of $10,000; and
 appropriating an additional $10  appropriating an additional $10 ~~bil ion~~ billion for EIDL assistance. for EIDL assistance.
The Paycheck Protection Program and Health Care Enhancement
Act (P.L. 116-139)
 increases the SBA’s lending authorization under Section 7(a) of the  increases the SBA’s lending authorization under Section 7(a) of the ~~Smal~~
Small Business Act from $349 Business Act from $349 ~~bil ion~~billion during the covered period to $659 during the covered period to $659 ~~bil ion~~billion; ;
 requires that no less than $30  requires that no less than $30 ~~bil ion~~ billion of this authorization amount be set aside for of this authorization amount be set aside for
loans issued by insured depository institutions and credit unions with loans issued by insured depository institutions and credit unions with
consolidated assets of $10 consolidated assets of $10 ~~bil ion~~billion to $50 to $50 ~~bil ion~~billion; ;
 requires that no less than $30  requires that no less than $30 ~~bil ion~~ billion of this authorization amount be set aside for of this authorization amount be set aside for
loans issued by community financial institutions (including community loans issued by community financial institutions (including community
development financial institutions (CDFIs), minority depository institutions, development financial institutions (CDFIs), minority depository institutions,
SBA-certifiedSBA-certified development companies, and SBA microloan intermediaries), and development companies, and SBA microloan intermediaries), and
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insured depository institutions and credit unions with consolidated assets less insured depository institutions and credit unions with consolidated assets less
than $10 than $10 ~~bil ion~~billion; ;
 increases the PPP appropriation amount from $349  increases the PPP appropriation amount from $349 ~~bil ion~~billion to $670.335 to $670.335 ~~bil ion~~billion; ;
 appropriates an additional $50  appropriates an additional $50 ~~bil ion~~ billion for EIDL loans; for EIDL loans;
 appropriates an additional $10  appropriates an additional $10 ~~bil ion~~ billion for Emergency EIDL grants; for Emergency EIDL grants;
 appropriates an additional $2.1  appropriates an additional $2.1 ~~bil ion~~ billion for the SBA’s salaries and expenses for the SBA’s salaries and expenses
account (to remain available until September 30, 2021); and account (to remain available until September 30, 2021); and
 provides agricultural enterprises eligibility  provides agricultural enterprises eligibility for Emergency EIDL grants and EIDL for Emergency EIDL grants and EIDL
loans during the covered period (January 31, 2020 through December 31, 2020). loans during the covered period (January 31, 2020 through December 31, 2020).
The Paycheck Protection Program Flexibility Act (P.L. 116-142)
 extends the PPP loan forgiveness covered period from 8 weeks after the loan’s  extends the PPP loan forgiveness covered period from 8 weeks after the loan’s
origination date to the earlier of 24 weeks after the loan’s origination date or origination date to the earlier of 24 weeks after the loan’s origination date or
December 31, 2020; December 31, 2020;
 provides borrowers that received a PPP loan prior to the enactment date (June 5,  provides borrowers that received a PPP loan prior to the enactment date (June 5,
2020) the option to use the CARES Act’s loan forgiveness covered period of 2020) the option to use the CARES Act’s loan forgiveness covered period of
eight weeks after the loan’s origination date; eight weeks after the loan’s origination date;
 replaces the 75%/25% rule on the use of PPP loan proceeds for loan forgiveness  replaces the 75%/25% rule on the use of PPP loan proceeds for loan forgiveness
purposes with the requirement that at least 60% of the loan proceeds be used for purposes with the requirement that at least 60% of the loan proceeds be used for
payroll costs and up to 40% be used for covered mortgage interest, rent, and payroll costs and up to 40% be used for covered mortgage interest, rent, and
utility payments;utility payments;~~142~~146
 provides borrowers a “safe harbor” from the loan forgiveness rehiring  provides borrowers a “safe harbor” from the loan forgiveness rehiring
requirement if the borrower is unable to rehire an individual requirement if the borrower is unable to rehire an individual who was an who was an
employee of the recipient on or before February 15, 2020, or if the borrower can employee of the recipient on or before February 15, 2020, or if the borrower can
demonstrate an inability to hire similarlydemonstrate an inability to hire similarly qualified employees on or before qualified employees on or before
December 31, 2020; December 31, 2020;
 establishes a minimum PPP loan maturity of five years for loans made on or after  establishes a minimum PPP loan maturity of five years for loans made on or after
the date of enactment; the date of enactment;
 extends the PPP loan deferral period from six months (under SBA regulations) to  extends the PPP loan deferral period from six months (under SBA regulations) to
the date that the SBA remits the borrower’s loan forgiveness amount to the the date that the SBA remits the borrower’s loan forgiveness amount to the
lender or, if the borrower does not apply for loan forgiveness, 10 months after the lender or, if the borrower does not apply for loan forgiveness, 10 months after the
end of the borrower’s loan forgiveness covered period; and end of the borrower’s loan forgiveness covered period; and
 eliminates the exception in the CARES Act preventing taxpayers who receive  eliminates the exception in the CARES Act preventing taxpayers who receive
PPP loan forgiveness from delaying the payment of employer payroll taxes. PPP loan forgiveness from delaying the payment of employer payroll taxes.~~143~~
147 The Heroes Act (H.R. 6800)
H.R. 6800, would, among other provisions, H.R. 6800, would, among other provisions,
 expand the PPP loan covered period from June 30, 2020, to December 31, 2020;  expand the PPP loan covered period from June 30, 2020, to December 31, 2020;

~~142~~ 146 If a borrower uses If a borrower uses ~~less~~ less than 60% of the PPP loan amount for payroll costs during the forgiveness covered than 60% of the PPP loan amount for payroll costs during the forgiveness covered
period, the borrower willperiod, the borrower will continue to be eligiblecontinue to be eligible for partial loan forgiveness, subject to at least 60% of the loan for partial loan forgiveness, subject to at least 60% of the loan
forgiveness amountforgiveness amount having been usedhaving been used for payroll costs. for payroll costs.
~~143 See FAQs~~ 147 See FAQs 3 and 4 in IRS,3 and 4 in IRS, “Deferral of Employment Tax Deposits and Payments “Deferral of Employment Tax Deposits and Payments ~~T hrough~~Through December 31, 2020,” at December 31, 2020,” at
https://www.irs.gov/newsroom/deferral-of-employmenthttps://www.irs.gov/newsroom/deferral-of-employment -tax-deposits-and-payments-through-december-31-2020. -tax-deposits-and-payments-through-december-31-2020.
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 extend PPP eligibility  extend PPP eligibility ~~to al~~ to all 501(c) nonprofit organizations of 501(c) nonprofit organizations of al all sizes; sizes;
 establish a minimum PPP loan maturity of five years;  establish a minimum PPP loan maturity of five years;
 require, as of the date of enactment, that 25% of existing PPP funds be issued to  require, as of the date of enactment, that 25% of existing PPP funds be issued to
~~smal~~ small businesses with 10 or fewer employees; 25% of existing funds be issued to businesses with 10 or fewer employees; 25% of existing funds be issued to
nonprofit organizations, with at least half of this amount going to nonprofit nonprofit organizations, with at least half of this amount going to nonprofit
organizations with not more than 500 employees; and the lesser of 25% of organizations with not more than 500 employees; and the lesser of 25% of
existing PPP funds or $10 existing PPP funds or $10 ~~bil ion~~billion be issued to community financial institutions, be issued to community financial institutions,
such as Community Development Financial Institutions (CDFIs), SBA microloan such as Community Development Financial Institutions (CDFIs), SBA microloan
intermediaries, and SBA-certified development companies; intermediaries, and SBA-certified development companies;
 establish technical assistance grants for  establish technical assistance grants for ~~smal~~ small community financial institutions community financial institutions
with assets of less than $10 with assets of less than $10 ~~bil ion~~billion; ;
 bifurcate the SBA’s lending authority for the 7(a) and PPP programs;  bifurcate the SBA’s lending authority for the 7(a) and PPP programs;
 increase the SBA’s 7(a) loan authorization amount from $30  increase the SBA’s 7(a) loan authorization amount from $30 ~~bil ion to $75 bil ion~~billion to $75 billion
for FY2020; for FY2020;
 provide SCORE and veterans business outreach centers eligibility  provide SCORE and veterans business outreach centers eligibility for $10 for $10 ~~mil ion~~million
each from the CARES Act’s $265 each from the CARES Act’s $265 ~~mil ion~~million entrepreneurial development resource entrepreneurial development resource
partners grant program; partners grant program;
 amend the PPP loan forgiveness by extending the 8-week period to the earlier of  amend the PPP loan forgiveness by extending the 8-week period to the earlier of
24 weeks or December 31, 2020, mandate loan forgiveness data collection and 24 weeks or December 31, 2020, mandate loan forgiveness data collection and
reporting, and eliminate the 75%/25% rule on the use of loan proceeds; reporting, and eliminate the 75%/25% rule on the use of loan proceeds;
 provide borrowers a “safe harbor” from the loan forgiveness rehiring requirement  provide borrowers a “safe harbor” from the loan forgiveness rehiring requirement
if the borrower is unable to rehire an individual if the borrower is unable to rehire an individual who was an employee of the who was an employee of the
recipient on or before February 15, 2020, or if the borrower can demonstrate an recipient on or before February 15, 2020, or if the borrower can demonstrate an
inabilityinability to hire similarlyto hire similarly qualified employees on or before December 31, 2020; qualified employees on or before December 31, 2020;
  ~~al ow~~allow certain previously incarcerated individuals to be approved for PPP and certain previously incarcerated individuals to be approved for PPP and
SBA disaster loans; SBA disaster loans;
 temporarily increase, for FY2020, the 7(a) loan program guaranty from up to  temporarily increase, for FY2020, the 7(a) loan program guaranty from up to
75% for loans with an outstanding loan balance exceeding $150,000, and 85% 75% for loans with an outstanding loan balance exceeding $150,000, and 85%
for loans with an outstanding loan balance of $150,000 or less, to 90% of the for loans with an outstanding loan balance of $150,000 or less, to 90% of the
outstanding loan balance; outstanding loan balance;
 temporarily increase, through December 31, 2020, the SBAExpress loan guaranty  temporarily increase, through December 31, 2020, the SBAExpress loan guaranty
from not more than 50% of the outstanding loan balance to not more than 90% of from not more than 50% of the outstanding loan balance to not more than 90% of
the outstanding loan balance on loans up to $350,000, and not more than 75% of the outstanding loan balance on loans up to $350,000, and not more than 75% of
the outstanding loan balance on loans greater than $350,000; the outstanding loan balance on loans greater than $350,000;
 temporarily reduce, for FY2020, 7(a) and 504/CDC fees to the maximum extent  temporarily reduce, for FY2020, 7(a) and 504/CDC fees to the maximum extent
possible given available possible given available appropriations; temporarily increase, for FY2020, the appropriations; temporarily increase, for FY2020, the
maximum 7(a) loan amount from $5 maximum 7(a) loan amount from $5 ~~mil ion~~million to $10 to $10 ~~mil ion~~ million and the maximum and the maximum
504/CDC loan amount from $5.5 504/CDC loan amount from $5.5 ~~mil ion~~million to $10 to $10 ~~mil ion;~~ million; and permanently and permanently
increase the 504/CDC maximum loan amount for increase the 504/CDC maximum loan amount for ~~smal~~ small manufacturers from $5.5 manufacturers from $5.5
~~mil ion to $10 mil ion~~million to $10 million; ;
 eliminate  eliminate the exception in the CARES Act preventing taxpayers who receive PPP the exception in the CARES Act preventing taxpayers who receive PPP
loan forgiveness from delaying the payment of employer payroll taxes; loan forgiveness from delaying the payment of employer payroll taxes;
 authorize, for each of FY2021-FY2025, $80  authorize, for each of FY2021-FY2025, $80 ~~mil ion~~million for Microloan technical for Microloan technical
assistance grants and $110 assistance grants and $110 ~~mil ion~~million for Microloan; and authorize to be for Microloan; and authorize to be
appropriated during FY2020, to remain availableappropriated during FY2020, to remain available until expended, $50 until expended, $50 ~~mil ion~~million for for
Microloan technical assistance grants and $7 Microloan technical assistance grants and $7 ~~mil ion~~million for Microloans; for Microloans;
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 appropriate $500  appropriate $500 ~~mil ion~~ million for fee reductions and guaranty and maximum loan for fee reductions and guaranty and maximum loan
amount increases; and amount increases; and
 appropriate $10  appropriate $10 ~~bil ion~~ billion for Emergency EIDL grants. for Emergency EIDL grants.
The Continuing Small Business Recovery and Paycheck Protection
Program Act (S. 4321)
S. 4321 would, among other provisions, S. 4321 would, among other provisions,
 extend the PPP loan covered period from August 8, 2020, to December 31, 2020,  extend the PPP loan covered period from August 8, 2020, to December 31, 2020,
and reduce the maximum PPP loan amount from $10 and reduce the maximum PPP loan amount from $10 ~~mil ion~~million to $2 to $2 ~~mil ion~~million; ;
 expand PPP forgivable expenses to include covered operations expenditures (e.g.,  expand PPP forgivable expenses to include covered operations expenditures (e.g.,
software, cloud computing, and other human resources and accounting needs), software, cloud computing, and other human resources and accounting needs),
property damages due to public disturbances that occurred during 2020 (not property damages due to public disturbances that occurred during 2020 (not
covered by insurance or other compensation), covered supplier costs essential to covered by insurance or other compensation), covered supplier costs essential to
the recipient’s current operations, and covered worker protection expenditures to the recipient’s current operations, and covered worker protection expenditures to
comply with federal health and safety guidelines related to COVID-19;comply with federal health and safety guidelines related to COVID-19;
  ~~al ow~~allow borrowers to select a preferred 8-week period after the loan’s origination borrowers to select a preferred 8-week period after the loan’s origination
date through December 31, 2020, for determining loan forgiveness; date through December 31, 2020, for determining loan forgiveness;
 create simplified loan forgiveness application processes for loans of $150,000 or  create simplified loan forgiveness application processes for loans of $150,000 or
less and for loans of $150,000 to $2 less and for loans of $150,000 to $2 ~~mil ion~~million. The SBA would retain the right to . The SBA would retain the right to
review and audit these loans for fraud. Reporting of demographic information review and audit these loans for fraud. Reporting of demographic information
would be optional; would be optional;
 expand eligibility  expand eligibility to include certain 501(c)(6) organizations, including Chambers to include certain 501(c)(6) organizations, including Chambers
of Commerce and Destination Marketing Organizations, that have 300 or fewer of Commerce and Destination Marketing Organizations, that have 300 or fewer
employees, do not receive more than 10% of their receipts from lobbying, and employees, do not receive more than 10% of their receipts from lobbying, and
whose lobbying activities do not comprise more than 10% of their total activities. whose lobbying activities do not comprise more than 10% of their total activities.
Recipients cannot use any loan proceeds for lobbying activities; Recipients cannot use any loan proceeds for lobbying activities;
  ~~al ow~~allow second PPP “draw” loans through December 31, 2020, for PPP borrowers second PPP “draw” loans through December 31, 2020, for PPP borrowers
that meet the SBA’s revenue standard, if applicable, have not more than 300 that meet the SBA’s revenue standard, if applicable, have not more than 300
employees, and can demonstrate at least a 50% reduction in gross receipts in the employees, and can demonstrate at least a 50% reduction in gross receipts in the
first or second quarter of 2020 relative to the same 2019 quarter. Several types of first or second quarter of 2020 relative to the same 2019 quarter. Several types of
PPP eligiblePPP eligible entities, such as publicly traded companies, would be ineligibleentities, such as publicly traded companies, would be ineligible for a for a
second loan. The maximum loan size would equal 2.5 times average monthly second loan. The maximum loan size would equal 2.5 times average monthly
payroll costs, up to $2 payroll costs, up to $2 ~~mil ion~~million (not more than $10 (not more than $10 ~~mil ion~~ million in the aggregate). Full in the aggregate). Full
loan forgiveness would be based on a 60/40 cost loan forgiveness would be based on a 60/40 cost ~~al ocation~~allocation between payroll and between payroll and
eligibleeligible nonpayroll costs; nonpayroll costs;
 establish a specific loan calculation for farmers and ranchers who operate as a  establish a specific loan calculation for farmers and ranchers who operate as a
sole proprietor, independent contractor, or self-employed individual and sole proprietor, independent contractor, or self-employed individual and ~~al ow~~allow
Farm Credit System Institutions to make PPP loans; Farm Credit System Institutions to make PPP loans;
 increase the PPP authorization amount from $659  increase the PPP authorization amount from $659 ~~bil ion~~billion to $749 to $749 ~~bil ion,~~ billion, rescind rescind
$100 $100 ~~bil ion~~ billion from the SBA’s business loan program account, and appropriate an from the SBA’s business loan program account, and appropriate an
additional $190 additional $190 ~~bil ion~~ billion for the cost of PPP and PPP second draw loans. In for the cost of PPP and PPP second draw loans. In
funding, $25 funding, $25 ~~bil ion~~ billion would be set-aside for entities employing 10 or fewer would be set-aside for entities employing 10 or fewer
employees and $10 employees and $10 ~~bil ion~~ billion would be set-aside for community lenders; would be set-aside for community lenders;
 appropriate $57.7  appropriate $57.7 ~~bil ion~~ billion to support up to $100 to support up to $100 ~~bil ion~~billion in lending for a new 7(a) in lending for a new 7(a)
Recovery Sector Loan program for seasonal businesses and businesses located in Recovery Sector Loan program for seasonal businesses and businesses located in
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low-income census tracts that meet specified size standards (e.g., one of the low-income census tracts that meet specified size standards (e.g., one of the
requirements is that seasonal businesses have no more than 250 employees and requirements is that seasonal businesses have no more than 250 employees and
~~non-seasonable~~nonseasonable businesses have no more than 500 employees) and can businesses have no more than 500 employees) and can
demonstrate at least a 50% reduction in gross revenue in the first or second demonstrate at least a 50% reduction in gross revenue in the first or second
quarter of 2020 relative to the same 2019 quarter. Loans would be up to twice the quarter of 2020 relative to the same 2019 quarter. Loans would be up to twice the
borrower’s annual revenue, capped at $10 borrower’s annual revenue, capped at $10 ~~mil ion~~million, have a maturity of up to 20 , have a maturity of up to 20
years, and a subsidized interest rate charged to the borrower of 1%. The SBA years, and a subsidized interest rate charged to the borrower of 1%. The SBA
would provide lenders a 100% loan guarantee, the credit elsewhere requirement would provide lenders a 100% loan guarantee, the credit elsewhere requirement
and SBAand SBA fees would be waived, and principal and interest payments would be fees would be waived, and principal and interest payments would be
deferred for the first two years of the loan. The SBA would be authorized to grant deferred for the first two years of the loan. The SBA would be authorized to grant
an additionalan additional two years of deferment. Loan proceeds could be used for working two years of deferment. Loan proceeds could be used for working
capital, acquisition of fixed assets, and refinancing existing indebtedness. The capital, acquisition of fixed assets, and refinancing existing indebtedness. The
loans would be availableloans would be available through December 31, 2020. through December 31, 2020.
 appropriate $10  appropriate $10 ~~bil ion~~ billion for a new for a new ~~Smal~~ Small Business Growth and Domestic Business Growth and Domestic
Production Investment Facility under the SBA’s Production Investment Facility under the SBA’s ~~Smal~~ Small Business Investment Business Investment
Company (SBIC) program to provide funds to firms that invest in businesses Company (SBIC) program to provide funds to firms that invest in businesses
which meet the revenue loss requirements for PPP, are a manufacturing business, which meet the revenue loss requirements for PPP, are a manufacturing business,
or are located in a or are located in a ~~smal~~ small business low-income census tract, as defined in this act. business low-income census tract, as defined in this act.
At least 50% of the investments by the participating investment company must be At least 50% of the investments by the participating investment company must be
in eligiblein eligible ~~smal~~ small businesses. The program’s goals are to “improve the recovery of businesses. The program’s goals are to “improve the recovery of
~~eligible smal~~ eligible small business concerns from the COVID-19 pandemic, increase business concerns from the COVID-19 pandemic, increase
resiliency in the manufacturing supply chain of eligibleresiliency in the manufacturing supply chain of eligible ~~smal~~ small business concerns, business concerns,
and increase the economic development of and increase the economic development of ~~smal~~ small business low-income census business low-income census
tracts.” The SBA would purchase bonds that include equity features from a tracts.” The SBA would purchase bonds that include equity features from a
participating SBIC with a term of at least 15 years and an interest rate of up to participating SBIC with a term of at least 15 years and an interest rate of up to
2%. The SBA would be authorized to directly commit or commit to purchase 2%. The SBA would be authorized to directly commit or commit to purchase
bonds from an SBIC of an amount up to the lesser of twice the SBIC’s regulatory bonds from an SBIC of an amount up to the lesser of twice the SBIC’s regulatory
capital or $200 capital or $200 ~~mil ion~~million. The SBA. The SBA would receive a share of any profits and the would receive a share of any profits and the
SBA’s share would be deposited into a fund and made availableSBA’s share would be deposited into a fund and made available for additional for additional
commitments. commitments.
The (updated) Heroes Act (H.R. 925)
The (updated) Heroes Act (H.R. 925) would, among other provisions, The (updated) Heroes Act (H.R. 925) would, among other provisions,
  ~~al ow~~allow PPP borrowers that have less than 200 employees and can document PPP borrowers that have less than 200 employees and can document
quarterly revenue losses of at least 25% to receive a second PPP loan of up to $2 quarterly revenue losses of at least 25% to receive a second PPP loan of up to $2
~~mil ion~~million; ;
 expand the list of  expand the list of ~~al owable~~allowable uses of proceeds and loan forgiveness to include uses of proceeds and loan forgiveness to include
personal protective equipment, supplier costs, and costs related to property personal protective equipment, supplier costs, and costs related to property
damage from public disturbances; damage from public disturbances;
 exclude publicly traded entities from being eligible  exclude publicly traded entities from being eligible for PPP loans; for PPP loans;
 exclude businesses that are 51% or more foreign owned, controlled, and managed  exclude businesses that are 51% or more foreign owned, controlled, and managed
from receiving a PPP loan; from receiving a PPP loan;
 clarify that prior to enactment the current “no credit elsewhere test” remains in  clarify that prior to enactment the current “no credit elsewhere test” remains in
place for PPP loans, but that going forward the 7(a) credit elsewhere test would place for PPP loans, but that going forward the 7(a) credit elsewhere test would
apply for PPP loans greater than $350,000; and apply for PPP loans greater than $350,000; and
 prevent the SBA from imposing an EIDL loan cap below the program’s statutory  prevent the SBA from imposing an EIDL loan cap below the program’s statutory
limit of $2 limit of $2 ~~mil ion and al ow~~million and allow current EIDL borrowers to modify their loans to current EIDL borrowers to modify their loans to
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seek additional funds up to the $2 seek additional funds up to the $2 ~~mil ion~~ million maximum loan size. Due to high maximum loan size. Due to high
demand, the SBA currently caps COVID-19-related EIDL at $150,000. demand, the SBA currently caps COVID-19-related EIDL at $150,000.
In addition, the In addition, the ~~bil~~ bill would appropriate would appropriate
 $50  $50 ~~bil ion~~ billion for Emergency EIDL Advance Payment grants, including $40 for Emergency EIDL Advance Payment grants, including $40 ~~bil ion~~billion
for a new Lifeline Grant program targeting for a new Lifeline Grant program targeting ~~smal~~ small businesses with not more than businesses with not more than
50 employees and that have suffered specified economic loss (related to 50 employees and that have suffered specified economic loss (related to
reductions in gross receipts) of not less than 30%; reductions in gross receipts) of not less than 30%;
 $8  $8 ~~bil ion~~ billion to provide 12 months of payment, interest debt, and associated fee to provide 12 months of payment, interest debt, and associated fee
relief for SBA relief for SBA physical disaster loans in a regular servicing status and EIDL loans physical disaster loans in a regular servicing status and EIDL loans
approved prior to February 15, 2020, and in a regular servicing status; approved prior to February 15, 2020, and in a regular servicing status;
 $1  $1 ~~bil ion~~ billion for a new Micro-SBIC program to provide financing to micro-SBICs for a new Micro-SBIC program to provide financing to micro-SBICs
of up to 50% of private capital raised, not to exceed $25 of up to 50% of private capital raised, not to exceed $25 ~~mil ion~~ million or, in the case of or, in the case of
a micro-SBIC owned by persons who also own a SBIC licensed under section a micro-SBIC owned by persons who also own a SBIC licensed under section
301, up to 100% of private capital raised, not to exceed $50 301, up to 100% of private capital raised, not to exceed $50 ~~mil ion~~million; ;
 $1  $1 ~~bil ion~~ billion to increase 7(a) loan guarantees from 75% and 85%, depending on the to increase 7(a) loan guarantees from 75% and 85%, depending on the
amount borrowed, to 90% for amount borrowed, to 90% for al all 7(a) loans during FY2021, increase the 7(a) loans during FY2021, increase the
SBAExpress loan guarantee from 50% to 75% for SBAExpress loans of SBAExpress loan guarantee from 50% to 75% for SBAExpress loans of
$350,000 or less during FY2021, and reduce fees to the maximum extent possible $350,000 or less during FY2021, and reduce fees to the maximum extent possible
on 7(a) and 504/CDC loans during FY2021; on 7(a) and 504/CDC loans during FY2021;
 $57  $57 ~~mil ion~~ million for Microloan program enhancements, including $50 for Microloan program enhancements, including $50 ~~mil ion~~million for for
Microloan technical assistance grants and $7 Microloan technical assistance grants and $7 ~~mil ion~~million in loan credit subsidies to in loan credit subsidies to
support up to $72 support up to $72 ~~mil ion~~million in additional in additional Microloan lending; Microloan lending;
 $15  $15 ~~bil ion~~ billion for a one-year, state and local government for a one-year, state and local government ~~smal~~ small business local relief business local relief
grant program within the Department of the Treasury. The program would grant program within the Department of the Treasury. The program would
provide states, localities, and Indian Tribes grants to create a provide states, localities, and Indian Tribes grants to create a ~~smal~~ small business business
emergency fund. The fund would support loans and other assistance to nonprofit emergency fund. The fund would support loans and other assistance to nonprofit
organizations and businesses with 20 or fewer employees (50 or fewer employees organizations and businesses with 20 or fewer employees (50 or fewer employees
if located in a low-income community) that have experienced a loss of revenue if located in a low-income community) that have experienced a loss of revenue
due to COVID-19; anddue to COVID-19; and
 $10  $10 ~~bil ion~~ billion for a SBAfor a SBA grant program for independent live venue operators, grant program for independent live venue operators,
producers, promoters, or talent representatives to address the economic effects of producers, promoters, or talent representatives to address the economic effects of
COVID-19 on certain live venues. An initialCOVID-19 on certain live venues. An initial grant of up to $12 grant of up to $12 ~~mil ion~~ million dollars, dollars,
and a supplemental grant that is equal to 50% of the initialand a supplemental grant that is equal to 50% of the initial grant, would be grant, would be
availableavailable to cover specified expenses, such as payroll costs, rent, utilities, and to cover specified expenses, such as payroll costs, rent, utilities, and
personal protective equipment. personal protective equipment.
Congressional Research Service 45 COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options Author Information

Robert Jay Dilger Robert Jay Dilger
Sean Lowry Sean Lowry
Senior Specialist in American National Government Analyst in Public Finance Senior Specialist in American National Government Analyst in Public Finance

Bruce R. Lindsay Bruce R. Lindsay

Specialist in American National Government Specialist in American National Government

~~Congressional Research Service~~
44

~~COVID-19 Relief Assistance to Small Businesses: Issues and Policy Options~~

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Congressional Research Service Congressional Research Service
R46284 R46284 · VERSION 4042 · UPDATED
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