Summary
March 1, 2023SBA Disaster Loan Limits: Policy Options and
June 17, 2024
Considerations
Bruce R. Lindsay
The Small Business Administration (SBA) Disaster Loan Program provides disaster loans to
The Small Business Administration (SBA) Disaster Loan Program provides disaster loans to
Specialist in American
eligible households and businesses to help them rebuild and recover after a disaster. SBA disaster eligible households and businesses to help them rebuild and recover after a disaster. SBA disaster
Bruce R. LindsayNational Government
loans include (1) Personal Property Disaster Loans, (2) Real Property Disaster Loans, (3)
loans include (1) Personal Property Disaster Loans, (2) Real Property Disaster Loans, (3)
Specialist in American
Business Physical Disaster Loans, and (4) Economic Injury Disaster Loans (EIDL). As described
Business Physical Disaster Loans, and (4) Economic Injury Disaster Loans (EIDL). As described
National GovernmentR. Corinne Blackford
in this report, each type of loan has a maximum limit that has changed over time.
in this report, each type of loan has a maximum limit that has changed over time.
R. Corinne Blackford
Analyst in Small Business and Economic
• Personal Property Disaster Loans provide creditworthy homeowners or renters provide creditworthy homeowners or renters
Analyst in Small BusinessDevelopment Policy
located in a declared disaster area with up to $
located in a declared disaster area with up to $
40100,000 to repair or replace personal ,000 to repair or replace personal
and Economic
property owned by the survivor;
property owned by the survivor;
Development Policy
Daniela E. Lacalle
• Real Property Disaster Loans provide creditworthy homeowners located in a declared provide creditworthy homeowners located in a declared
Research Assistant
disaster area with up to $
disaster area with up to $
200500,000 to repair or restore the homeowner’s primary residence ,000 to repair or restore the homeowner’s primary residence
to its pre-disaster condition; to its pre-disaster condition;
•
Business Physical Disaster Loans provide businesses located in a declared disaster area with up to $2 provide businesses located in a declared disaster area with up to $2
million to repair or replace damaged physical propertymillion to repair or replace damaged physical property
, including machinery, equipment, fixtures, inventory, including machinery, equipment, fixtures, inventory,
and leasehold improvementsand leasehold improvements
that are not covered by insurance; and
; and
• EIDLs provide businesses located in a declared disaster area with up to $2 million to help meet financial provide businesses located in a declared disaster area with up to $2 million to help meet financial
obligations and operating expenses that could have been met had the disaster not occurred. EIDL loan
obligations and operating expenses that could have been met had the disaster not occurred. EIDL loan
proceeds can only be used for working capital necessary to enable the business or organization to alleviate proceeds can only be used for working capital necessary to enable the business or organization to alleviate
the specific economic injury and to resume normal operations. Loan amounts for EIDLs are based on actual the specific economic injury and to resume normal operations. Loan amounts for EIDLs are based on actual
economic injury and financial needs, regardless of whether the business suffered any property damage. economic injury and financial needs, regardless of whether the business suffered any property damage.
The maximum amount that can be provided for a disaster loan, or disaster loan limit, was first established in SBA regulations
The maximum amount that can be provided for a disaster loan, or disaster loan limit, was first established in SBA regulations
in 1968. In 1980, Congress began establishing disaster loan limits in statute, followed by SBA regulation updates.in 1968. In 1980, Congress began establishing disaster loan limits in statute, followed by SBA regulation updates.
Historically, limits for business disaster loans in SBA regulations have been for the same amount as set in statute, whereas Historically, limits for business disaster loans in SBA regulations have been for the same amount as set in statute, whereas
limits on home disaster loans in SBA regulations have been for a lesser amount than set in statute. SBA is authorized to limits on home disaster loans in SBA regulations have been for a lesser amount than set in statute. SBA is authorized to
establish loan limits lower in regulation than in statute because the statute establishes a ceiling for disaster loans, but not a establish loan limits lower in regulation than in statute because the statute establishes a ceiling for disaster loans, but not a
floor. In 2008, Congress increased the disaster loan limit in statute to $2 million; SBA floor. In 2008, Congress increased the disaster loan limit in statute to $2 million; SBA
only revised the business loan limits in revised the business loan limits in
regulation regulation
to $2 million but not the home loan limit. Consequently, but not the home loan limit. Consequently,
the limits on disaster home loans (limits on disaster home loans (
previously $40,000 for personal property disaster $40,000 for personal property disaster
loans and $200,000 for real property disaster loans) loans and $200,000 for real property disaster loans)
have not changed since 1994, when SBA last adjusted disaster loan limits in federal regulation.
It could be argued that disaster loan limits, particularly those for home disaster loans, should be increased to account for inflation. A $200,000 home disaster loan in 1994 is worth about $105,000 in 2022 dollars and a $2 million business disaster loan in 2008 is worth about $1.6 million in 2022 dollars. It could also be argued that home disaster loan limits should more accurately reflect current home prices because some homes may be completely destroyed by a disaster. For example, the Federal Reserve Bank of St. Louis indicates that, in the first quarter of 2022, the median sales price of a house sold in the United States was $428,700.
An opposing argument is that disaster assistance—even in the form of a government loan—is intended to supplement, not replace, private insurance. As a result, it could be argued that increasing disaster loan limits would induce moral hazard. remained the same in federal regulation for two decades (from 1994 to 2023). In 2023, SBA revised the disaster loan limit for personal property disaster loans to $100,000, and real property loans to $500,000. Further, SBA announced that the revision allowed the SBA Administrator “to increase maximum loan amounts to homeowners and renters … based on appropriate economic indicators, [including] current building costs, regional median home prices, the Consumer Price Index, and the Producer Price index” in a disaster declared region (or regions).
This report provides an overview of the regulatory and statutory history of SBA disaster loan limits followed by policy
This report provides an overview of the regulatory and statutory history of SBA disaster loan limits followed by policy
options that include information about inflation, construction costs, and median home values and home price trends. This options that include information about inflation, construction costs, and median home values and home price trends. This
report also includes brief descriptions of SBA disaster loan categories. report also includes brief descriptions of SBA disaster loan categories.
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21 link to page 2220 SBA Disaster Loan Limits: Policy Options and Considerations
Contents
Introduction ..................................................................................................................................... 1
Historical Developments ................................................................................................................. 2
Contextualizing SBA Disaster Loan Limits .................................................................................... 65
Inflation ............................................................................................................................... 65
Construction Costs .............................................................................................................. 76
Median Home Prices and Values ........................................................................................ 98
Variations in State and County Home Costs ...................................................................... 11 12
Personal Property, Home Furnishings, and Vehicles ................................................................ 11 12
Policy Options ............................................................................................................................... 14
Disaster Limit Waivers ............................................................................................................ 14
Disaster 13
Disaster Loan Limit Formulas ................................................................................................ 1413
Disaster Loan Limit Floors ..................................................................................................... 14
Regional Cost Variations .....13 SBA Disaster Loan Account Report .................................................................................................... 15 14
Concluding Observations .............................................................................................................. 1615
Figures
Figure 1. Regulatory and Statutory History of Disaster Loan Limits.............................................. 5
Figure 2. Consumer Price Index Change ......................................................................................... 76
Figure 3. U.S. Construction Cost Change ....................................................................................... 87
Figure 4. Consumer Price and Construction Cost Comparison ....................................................... 98
Figure 5. Median Sales Price for usedUsed Homes in the United States ............................................... 9 10
Figure 6. Financial Characteristics for Housing Units with a Mortgage, 20202022 .............................. 11 10
Figure 7. Consumer Price Index for All Urban Consumers: Household Furnishings and
Supplies in the United States ...................................................................................................... 1312
Figure 8. Consumer Price Index for All Urban Consumers: New Vehicles; Used Cars and
Trucks in the United States......................................................................................................... 13
Figure 9. Hurricane Sandy12
Tables Table 1. Small Business Administration Disaster Loan Account Appropriations, FY2015-
FY2023 ............................................................................................................. 16
Tables
Table 1. Supplemental Appropriations: SBA Disaster Loan Account ............................................. 5
15
Appendixes
Appendix. SBA Disaster Loan Categories .................................................................................... 1716
Contacts
Author Information ........................................................................................................................ 18
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SBA Disaster Loan Limits: Policy Options and Considerations
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Introduction
Since 1953, the Small Business Administration (SBA) Disaster Loan Program has provided Since 1953, the Small Business Administration (SBA) Disaster Loan Program has provided
disaster loans to eligible households and businesses to help them rebuild and recover after a disaster loans to eligible households and businesses to help them rebuild and recover after a
disaster. Disaster loans for individuals and households (known collectively as home disaster disaster. Disaster loans for individuals and households (known collectively as home disaster
loans) fall into two categories: (1) Personal Property Disaster Loans and (2) Real Property loans) fall into two categories: (1) Personal Property Disaster Loans and (2) Real Property
Disaster Loans. Disaster loans for businesses (known collectively as business disaster loans) also Disaster Loans. Disaster loans for businesses (known collectively as business disaster loans) also
fall into two categories: (1) Business Physical Disaster Loans, and (2) Economic Injury Disaster fall into two categories: (1) Business Physical Disaster Loans, and (2) Economic Injury Disaster
Loans (EIDL). Loans (EIDL).
Through the yearsBeginning in 1957, the SBA set loan limit amounts which were published in the Federal Register and presented in SBA’s Administrative Manual. In 1968, SBA started setting limits through regulation. Since 1980, Congress has established disaster loan limits (or caps) in statute establishing a , Congress has established disaster loan limits (or caps) in statute establishing a
maximum amount of money that can be borrowed through these programs for any maximum amount of money that can be borrowed through these programs for any
one disaster. The SBA Administrator is authorized to set the limit at a lower rate because the statutory language establishes a ceiling for disaster loans but does not establish a floor.1 one disaster. Historically, businesses have been eligible for the full amount set in statute whereas individuals Historically, businesses have been eligible for the full amount set in statute whereas individuals
and households have been eligible for a lesser amount set in federal regulation by SBA. This is and households have been eligible for a lesser amount set in federal regulation by SBA. This is
presumably because the costs associated with presumably because the costs associated with
repairing and rebuilding a home are less than rebuilding a home are less than
a business. Smaller repairing and rebuilding a business. Working capital expenses may also be significantly higher than home repair and rebuilding costs. Additionally, smaller loan amounts may help the SBA provide more loans to individuals and households if there are loan amounts may help the SBA provide more loans to individuals and households if there are
budgetary limitations for these budgetary limitations for these
programsprograms.1 The SBA Administrator is authorized to set the limit at a lower rate because the statutory language establishes a ceiling for disaster loans but does not establish a floor.2 .2
The current maximum amount available to individuals and households for home disaster loans
The current maximum amount available to individuals and households for home disaster loans
was set in regulation by the SBA Administrator in 1994. They are (1) $was set in regulation by the SBA Administrator in 1994. They are (1) $
40100,000 for Personal ,000 for Personal
Property Disaster Loans; and (2) $Property Disaster Loans; and (2) $
200500,000 for Real Property Disaster Loans. The SBA Administrator is authorized to increase disaster home loan limits based on “appropriate economic indicators for the region(s) in which the disaster occurred.”3 The economic indicators include current building costs, regional median home prices, the Consumer Price Index (CPI), and the Producer Price Index (PPI).
The ,000 for Real Property Disaster Loans. The current current
maximum amount available maximum amount available
forto businesses through Business Physical Disaster Loans and EIDLs is $2 million, the Business Physical Disaster Loans and EIDLs is $2 million, the
same amount that was set in statute in 2008 (seesame amount that was set in statute in 2008 (see
Figure 1).3
4 For small business borrowers that are considered major employers and designated as a Major For small business borrowers that are considered major employers and designated as a Major
Source of Employment (MSE), the SBA may, under specified circumstances, exceed the $2 Source of Employment (MSE), the SBA may, under specified circumstances, exceed the $2
million loan limit to avoid substantial unemployment in a disaster area. P.L. 110-246 included a million loan limit to avoid substantial unemployment in a disaster area. P.L. 110-246 included a
provision granting the SBA Administrator this waiver authority.provision granting the SBA Administrator this waiver authority.
45 The SBA has granted waivers The SBA has granted waivers
for eligible MSEs in the past. For example, in FY2018, the SBA approved seven (out of 826)
1for eligible
1 P.L. 110-246 specifies that the amount provided to borrow “may not exceed” $2 million. 2 For more information on SBA disaster loan funding, see CRS Insight IN11433, For more information on SBA disaster loan funding, see CRS Insight IN11433,
Supplemental Appropriations: SBA
Disaster Loan Account, by Bruce R. Lindsay et al. , by Bruce R. Lindsay et al.
2 P.L. 110-246 specifies that the amount provided to borrow “may not exceed” $2 million. 33 13 C.F.R. §123.105(d). 4 Established in P.L. 110-246, Food, Conservation, and Energy Act of 2008. Established in P.L. 110-246, Food, Conservation, and Energy Act of 2008.
45 15 U.S.C. §636. 15 U.S.C. §636.
Any business may be eligible for Major Source of Employment (MSE) status if, at the time the disaster commences, it
Any business may be eligible for Major Source of Employment (MSE) status if, at the time the disaster commences, it
has one or more locations in the disaster area that, individually or in the aggregate, employed 10% or more of the entire has one or more locations in the disaster area that, individually or in the aggregate, employed 10% or more of the entire
work force within the commuting area of a geographically identifiable community, no larger than a county, provided work force within the commuting area of a geographically identifiable community, no larger than a county, provided
that the commuting area does not extend more than 50 miles from such community; or employed 5% or more of the that the commuting area does not extend more than 50 miles from such community; or employed 5% or more of the
work force in an industry within the disaster area and, if the concern is a nonmanufacturing concern, employed no work force in an industry within the disaster area and, if the concern is a nonmanufacturing concern, employed no
fewer than 50 employees in the disaster area or, if the concern is a manufacturing concern, employed no fewer than 150 fewer than 50 employees in the disaster area or, if the concern is a manufacturing concern, employed no fewer than 150
employees in the disaster area; or employed no fewer than 250 employees within the disaster area. In addition, the loan applicant must have used all funds from its own resources and all available credit elsewhere to alleviate the physical damage and/or economic injury sustained. Furthermore, SBA will consider a waiver of the legislative limit only to the extent that loan assistance in excess of $2,000,000 is necessary after the applicant, its affiliates, and its principals use business and personal assets and credit to the greatest extent possible without incurring undue hardship. See U.S. Small Business Administration (SBA), Office of Disaster Assistance, “Disaster Assistance Program SOP 50 30 9,” pp. 105-107, at https://www.sba.gov/document/sop-50-30-9-disaster-assistance-program.(continued...)
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MSEs in the past. For example, based on SBA disaster loan data in FY2022, the SBA approved 37 applications for disaster loans exceeding $2 million.6 A similar waiver authority is not provided for the individuals and households programs. SBA Disaster Loan Limits: Policy Options and Considerations
applications for disaster loans exceeding $2 million (the largest was $2,226,800).5 A similar waiver authority is not provided for the individuals and households programs.
It could be argued that the maximum loan amounts are outdated due to normal inflation and increased housing and construction costs. Further, the costs of housing items such as furniture, appliances, and vehicles have increased since 1994. If this is the case, an SBA disaster loan may not be sufficient for some households and businesses to fully recover from a disaster. Others could argue that disaster assistance—even in the form of a government loan—is intended to supplement, not replace, private insurance. As a result, it could be argued that increasing disaster loan limits would induce moral hazard (incentivizing individuals to purchase less insurance). Still others might oppose increasing disaster loan limits for fiscal reasons, given that higher limits would increase federal spending.
This report provides an overview of the historical developments of disaster loan limits, followed
This report provides an overview of the historical developments of disaster loan limits, followed
by policy options related to disaster loan limits. To help contextualize disaster loan limits, this by policy options related to disaster loan limits. To help contextualize disaster loan limits, this
report includes narratives about inflation, construction costs, and median home values and prices. report includes narratives about inflation, construction costs, and median home values and prices.
A description of SBA disaster loan categories is located in tA description of SBA disaster loan categories is located in t
he Appendix of this report. of this report.
Historical Developments
SBA disaster loan limits were first introduced in 1957 through SBA notices published in the SBA disaster loan limits were first introduced in 1957 through SBA notices published in the
Federal Register and presented in SBA’s Administrative Manual. For example, on July 20, 1957, and presented in SBA’s Administrative Manual. For example, on July 20, 1957,
SBA announced that it would not provide disaster loans exceeding $100,000.SBA announced that it would not provide disaster loans exceeding $100,000.
67 Previously, the Previously, the
disaster loan amount was determined on an individual basis, taking into account the disaster loan amount was determined on an individual basis, taking into account the
circumstances of the applicant and the disaster. A search of the circumstances of the applicant and the disaster. A search of the
Federal Register indicates that indicates that
SBA limited disaster loans to no more than $350,000 in 1965.SBA limited disaster loans to no more than $350,000 in 1965.
78
SBA disaster loan limits first appeared in the
SBA disaster loan limits first appeared in the
Code of Federal Regulations (C.F.R.) in 1968. Prior (C.F.R.) in 1968. Prior
to that, the C.F.R. indicated that “there is no statutory limitation on the amount of a disaster loan”to that, the C.F.R. indicated that “there is no statutory limitation on the amount of a disaster loan”
89 and, as mentioned, SBA announced its disaster loan limits through notices published in the and, as mentioned, SBA announced its disaster loan limits through notices published in the
Federal Register. In this 1968 C.F.R. reference, SBA revised paragraph (a) of 13 C.F.R. §123.6, . In this 1968 C.F.R. reference, SBA revised paragraph (a) of 13 C.F.R. §123.6,
in part, by setting limits on business disaster loans at $100,000 for any one disaster (except for an in part, by setting limits on business disaster loans at $100,000 for any one disaster (except for an
additional amount to refinance any prior SBA disaster loan), personal property loans at $10,000, additional amount to refinance any prior SBA disaster loan), personal property loans at $10,000,
and real property loans at $20,000.and real property loans at $20,000.
910 In 1970, the SBA increased the limit for business disaster In 1970, the SBA increased the limit for business disaster
loans to $500,000 and the limit for real property loans to $50,000. The SBA did not change the loans to $500,000 and the limit for real property loans to $50,000. The SBA did not change the
limit for personal property loans ($10,000).limit for personal property loans ($10,000).
1011 The SBA did not provide a rationale for establishing The SBA did not provide a rationale for establishing
the 1968 and 1970 disaster loan limits, or why those particular dollar amounts were selected. the 1968 and 1970 disaster loan limits, or why those particular dollar amounts were selected.
5 U.S. Small Business Administration (SBA), “Disaster Loan Data: Disaster Loan FY18,”
In 1980, disaster loan limits were first placed in statute (P.L. 96-302).12 Section 119(a) of P.L. 96-302 amended Section 7(c) of the Small Business Act by adding a new paragraph:
employees in the disaster area; or employed no fewer than 250 employees within the disaster area. In addition, the loan applicant must have used all funds from its own resources and all available credit elsewhere to alleviate the physical damage and/or economic injury sustained. Furthermore, SBA will consider a waiver of the legislative limit only to the extent that loan assistance in excess of $2,000,000 is necessary after the applicant, its affiliates, and its principals use business and personal assets and credit to the greatest extent possible without incurring undue hardship. See U.S. Small Business Administration (SBA), Office of Disaster Assistance, “Disaster Assistance Program SOP 50 30 9,” pp. 105-107, at https://www.sba.gov/document/sop-50-30-9-disaster-assistance-program.
6 CRS interpretation of U.S. Small Business Administration (SBA), “Disaster Loan Data: Disaster Loan FY22,” https://data.sba.gov/dataset/https://data.sba.gov/dataset/
disaster-loan-datadisaster-loan-data/resource/dfca7ddd-348c-43a1-bb89-98fae0e6ff3a?inner_span=True. Some businesses may have accepted more than one SBA disaster loan. Not all approved disaster loan applicants accept the loan. . Not all approved disaster loan applicants accept the loan.
67 SBA, “Small Business Administration: Delegation Relating to Financial Assistance Including Disaster Loans, SBA, “Small Business Administration: Delegation Relating to Financial Assistance Including Disaster Loans,
Procurement and Technical Assistance, and Administration,” 22Procurement and Technical Assistance, and Administration,” 22
Federal Register 5811, July 20, 1957. 5811, July 20, 1957.
78 SBA, “Small Business Administration: Delegation of Authority to Conduct Program Activities in the Regional SBA, “Small Business Administration: Delegation of Authority to Conduct Program Activities in the Regional
Offices,” 30Offices,” 30
Federal Register 3340, March 11, 1965. 3340, March 11, 1965.
8
9 See for an example 13 C.F.R. §123.6, 1967 Edition. See for an example 13 C.F.R. §123.6, 1967 Edition.
910 SBA, “Title 13—Business Credit and Assistance, Part 120—Loan Policy,” 33 SBA, “Title 13—Business Credit and Assistance, Part 120—Loan Policy,” 33
Federal Register 7622, May 23, 1968. 7622, May 23, 1968.
1011 SBA, “Business Credit and Assistance, Part 120—Loan Policy,” 35 SBA, “Business Credit and Assistance, Part 120—Loan Policy,” 35
Federal Register 16170, October 15, 1970. 16170, October 15, 1970.
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In 1980, disaster loan limits were first placed in statute (P.L. 96-302).11 Section 119(a) of P.L. 96-302 amended Section 7(c) of the Small Business Act by adding a new paragraph:12 P.L. 96-302, An Act to Provide Authorizations for the Small Business Administration, and for Other Purposes.
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Provided further, that no loan under subsection (b)(1) shall be made, either directly or in
Provided further, that no loan under subsection (b)(1) shall be made, either directly or in
cooperation with banks or other lending institutions through agreements to participate on cooperation with banks or other lending institutions through agreements to participate on
an immediate or deferred basis, if the total amount outstanding and committed to the an immediate or deferred basis, if the total amount outstanding and committed to the
borrower under such subsection would exceed $500,000 for each disaster, unless an borrower under such subsection would exceed $500,000 for each disaster, unless an
applicant constitutes a major source of employment in an area suffering a disaster, in which applicant constitutes a major source of employment in an area suffering a disaster, in which
case the Administration, in its discretion, may waive the $500,000 limitation.case the Administration, in its discretion, may waive the $500,000 limitation.
1213
Congress did not provide a rationale for placing the limit in statute, or why $500,000 was selected
Congress did not provide a rationale for placing the limit in statute, or why $500,000 was selected
as the limit.as the limit.
1314
It appears that businesses—not individuals and households—became eligible for the $500,000
It appears that businesses—not individuals and households—became eligible for the $500,000
limit established in P.L. 96-302. Instead, individuals and households continued to be eligible for limit established in P.L. 96-302. Instead, individuals and households continued to be eligible for
the maximum amount established in the 1970 revised federal regulation: $50,000 for real property the maximum amount established in the 1970 revised federal regulation: $50,000 for real property
disaster loans, and $10,000 for personal property loans.disaster loans, and $10,000 for personal property loans.
1415
Starting in the 1980s, SBA commonly made businesses eligible for the full amount established in
Starting in the 1980s, SBA commonly made businesses eligible for the full amount established in
statute and individuals and households eligible for a lesser amount by regulation. The Small statute and individuals and households eligible for a lesser amount by regulation. The Small
Business Act authorizes SBA to set limits for home loans in regulation so long as they do not Business Act authorizes SBA to set limits for home loans in regulation so long as they do not
exceed limits established in statute by Congress. Under the Small Business Act, “no loan[s] ... exceed limits established in statute by Congress. Under the Small Business Act, “no loan[s] ...
shall be made ... [that] exceed $500,000.” Thus, home disaster loans remained capped at the shall be made ... [that] exceed $500,000.” Thus, home disaster loans remained capped at the
amount established in 1970 despite the statutory loan limit increase in 1980 (P.L. 96-302). amount established in 1970 despite the statutory loan limit increase in 1980 (P.L. 96-302).
In 1984, SBA increased the limits for real property disaster loans to $100,000 and personal
In 1984, SBA increased the limits for real property disaster loans to $100,000 and personal
property loans to $20,000 in federal regulation. SBA disaster loan limits for business disaster property loans to $20,000 in federal regulation. SBA disaster loan limits for business disaster
loans remained at the maximum amount established in P.L. 96-302 ($500,000). loans remained at the maximum amount established in P.L. 96-302 ($500,000).
In 1993, without specific explanation, Congress tripled the limit on disaster loans in statute (P.L.
In 1993, without specific explanation, Congress tripled the limit on disaster loans in statute (P.L.
103-75) from $500,000 to $1.5 million.103-75) from $500,000 to $1.5 million.
1516
Following the Northridge earthquake in California in 1994, SBA increased personal property
Following the Northridge earthquake in California in 1994, SBA increased personal property
disaster loans from $20,000 to $40,000 and real property disaster loans from $100,000 to disaster loans from $20,000 to $40,000 and real property disaster loans from $100,000 to
$200,000 in regulation.$200,000 in regulation.
1617 According to SBA, the maximum loan amount was increased because According to SBA, the maximum loan amount was increased because
previous loan amounts were insufficient to meet the needs of “homeowners and renters previous loan amounts were insufficient to meet the needs of “homeowners and renters
confronted by the effects of physical disasters by virtue of the impact of economic inflation.”confronted by the effects of physical disasters by virtue of the impact of economic inflation.”
1718 SBA further stated that the previous maximum loan amounts were: SBA further stated that the previous maximum loan amounts were:
inadequate to compensate many disaster victims for the costs associated with rebuilding,
inadequate to compensate many disaster victims for the costs associated with rebuilding,
replacing and repairing residential, real property and household effects such as clothing, replacing and repairing residential, real property and household effects such as clothing,
11 P.L. 96-302, An Act to Provide Authorizations for the Small Business Administration, and for Other Purposes. 12furniture and appliances which have been lost or damaged as a result of a physical disaster. Moreover, in the aftermath of disasters, especially large catastrophes, construction costs often increase sharply.19
13 It is unclear if the SBA Administrator has ever waived the $500,000 limitation. CRS could not locate a waiver of this It is unclear if the SBA Administrator has ever waived the $500,000 limitation. CRS could not locate a waiver of this
limitation. limitation.
1314 Congress has not made distinctions between loan types each time it established limits. Congress has not made distinctions between loan types each time it established limits.
1415 SBA, “Business Credit and Assistance, Part 120—Loan Policy,” 35 SBA, “Business Credit and Assistance, Part 120—Loan Policy,” 35
Federal Register 16170, October 15, 1970. 16170, October 15, 1970.
1516 P.L. 103-75, Emergency Supplemental Appropriations for Relief from the Major, Widespread Flooding in the P.L. 103-75, Emergency Supplemental Appropriations for Relief from the Major, Widespread Flooding in the
Midwest Act of 1993. Midwest Act of 1993.
1617 13 C.F.R. §123.105. According to a report by the University of California at Berkeley, repairs following the 13 C.F.R. §123.105. According to a report by the University of California at Berkeley, repairs following the
Northridge earthquake costed approximately $13 billion. See Kathleen Scalise, Northridge earthquake costed approximately $13 billion. See Kathleen Scalise,
Damage Claims Skyrocket from
Northridge Earthquake, Finds New UC Berkeley Report, University of California at Berkeley, October 1, 1996, , University of California at Berkeley, October 1, 1996,
https://www.berkeley.edu/news/media/releases/96legacy/north.html. https://www.berkeley.edu/news/media/releases/96legacy/north.html.
1718 SBA, “Disaster-Physical Disaster and Economic Injury Loans,” 59 SBA, “Disaster-Physical Disaster and Economic Injury Loans,” 59
Federal Register 6214, February 10, 1994. 6214, February 10, 1994.
19 Ibid.
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furniture and appliances which have been lost or damaged as a result of a physical disaster. Moreover, in the aftermath of disasters, especially large catastrophes, construction costs often increase sharply.18
Generally, regulatory changes are made after issuing a public notice. However, in this instance, Generally, regulatory changes are made after issuing a public notice. However, in this instance,
SBA stated that the new maximum loan amount was established without public notice in an effort SBA stated that the new maximum loan amount was established without public notice in an effort
to meet immediate disaster loan demand caused by the earthquake. According to SBA, 13 C.F.R. to meet immediate disaster loan demand caused by the earthquake. According to SBA, 13 C.F.R.
§123.1(b): §123.1(b):
authorizes emergency changes in the regulations governing its disaster assistance program,
authorizes emergency changes in the regulations governing its disaster assistance program,
and 5 U.S.C. 553(b)(B) which permits publication of regulations in final form without and 5 U.S.C. 553(b)(B) which permits publication of regulations in final form without
notice of comment when an agency finds that good cause exists for publication in final notice of comment when an agency finds that good cause exists for publication in final
form on an emergency basis, and that notice and comment is impracticable, unnecessary form on an emergency basis, and that notice and comment is impracticable, unnecessary
or contrary to the public interest. In this regard, the public interest in seeing to it that the or contrary to the public interest. In this regard, the public interest in seeing to it that the
new limitations are effective as to the recent California earthquake disaster makes the new limitations are effective as to the recent California earthquake disaster makes the
utilization of notice and comment rulemaking impracticable.utilization of notice and comment rulemaking impracticable.
1920
In 2008, Section 12078 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246)
In 2008, Section 12078 of the Food, Conservation, and Energy Act of 2008 (P.L. 110-246)
amended the Small Business Act to make the disaster assistance program more accessible to amended the Small Business Act to make the disaster assistance program more accessible to
disaster victims, including by raising the statutory loan limit for disaster loans from $1.5 million disaster victims, including by raising the statutory loan limit for disaster loans from $1.5 million
to $2 million and authorizing the SBA Administrator to “increase the aggregate loan amount ... to $2 million and authorizing the SBA Administrator to “increase the aggregate loan amount ...
for loans relating to a disaster to a level established by the Administrator, based on appropriate for loans relating to a disaster to a level established by the Administrator, based on appropriate
economic indicators for the region in which that disaster occurred.’’economic indicators for the region in which that disaster occurred.’’
2021 While SBA revised the While SBA revised the
C.F.R. to make businesses eligible for the full amount, SBA did not revise disaster loan limits for C.F.R. to make businesses eligible for the full amount, SBA did not revise disaster loan limits for
home disaster loans in regulationhome disaster loans in regulation
. Consequently, the and limits for home disaster loans limits for home disaster loans
areremained the same the same
as those established in 1994 by regulation ($40,000 for personal property disaster loans and as those established in 1994 by regulation ($40,000 for personal property disaster loans and
$200,000 for real property disaster loans). Section 12078 of the Food, Conservation, and Energy $200,000 for real property disaster loans). Section 12078 of the Food, Conservation, and Energy
Act of 2008 Act of 2008
washas been the most recent adjustment to disaster loan limits in statut the most recent adjustment to disaster loan limits in statut
e. Figure 1 provides a provides a
list of regulatory and legislative disaster loan limit developments. list of regulatory and legislative disaster loan limit developments.
In May 2020, SBA lowered the maximum loan amount for Economic Injury Disaster Loans
In May 2020, SBA lowered the maximum loan amount for Economic Injury Disaster Loans
(EIDL) for Coronavirus Disease 2019 (COVID-19) relief to $150,000 due to unprecedented (EIDL) for Coronavirus Disease 2019 (COVID-19) relief to $150,000 due to unprecedented
demand for limited loan resources.demand for limited loan resources.
2122 The maximum loan amount was raised again as the SBA The maximum loan amount was raised again as the SBA
Disaster Loan Account was replenished with supplemental funding (seeDisaster Loan Account was replenished with supplemental funding (see
Table 1). In March 2021, . In March 2021,
SBA announced an increase in the maximum amount for COVID-19 EIDL relief from $150,000 SBA announced an increase in the maximum amount for COVID-19 EIDL relief from $150,000
to $500,000.to $500,000.
2223 In September 2021, SBA raised the maximum amount to $2 million. In September 2021, SBA raised the maximum amount to $2 million.
23
18 Ibid. 19 Ibid. 2024
In June 2023, SBA raised the maximum loan amount for personal property disaster loans to $100,000, and real property disaster loans to $500,000 (see Figure 1).25
20 Ibid. 21 A search of government documents including hearings, bill reports, and notices in the A search of government documents including hearings, bill reports, and notices in the
Federal Register failed to failed to
identify instances of the SBA Administrator increasing the aggregate amount based on economic indicators. Nor did it identify instances of the SBA Administrator increasing the aggregate amount based on economic indicators. Nor did it
identify the rationale for why the statutory loan limit was increased to $2 million, or why that particular amount was identify the rationale for why the statutory loan limit was increased to $2 million, or why that particular amount was
selected. selected.
2122 SBA, Office of Inspector General, SBA, Office of Inspector General,
Inspection of the Small Business Administration’s Initial Response to the
Coronavirus Pandemic, October 28, 2020, p. 10, https://www.sba.gov/sites/default/files/2020-10/SBA OIG Report 21-, October 28, 2020, p. 10, https://www.sba.gov/sites/default/files/2020-10/SBA OIG Report 21-
02.pdf. According to the report, SBA “approved and disbursed more loans for COVID-19 relief than for all other 02.pdf. According to the report, SBA “approved and disbursed more loans for COVID-19 relief than for all other
disasters combined in the agency’s history.” See page 3 of the report. disasters combined in the agency’s history.” See page 3 of the report.
22
23 SBA, SBA,
SBA to Increase Lending Limit for COVID-19 Economic Injury Disaster Loans, March 24, 2021, , March 24, 2021,
https://www.sba.gov/article/2021/mar/24/sba-increase-lending-limit-covid-19-economic-injury-disaster-loans. https://www.sba.gov/article/2021/mar/24/sba-increase-lending-limit-covid-19-economic-injury-disaster-loans.
2324 SBA, SBA Administrator Guzman Enhances COVID Economic Injury Disaster Loan Program to Aid Small SBA, SBA Administrator Guzman Enhances COVID Economic Injury Disaster Loan Program to Aid Small
Businesses Facing Challenges from Delta Variant, September 9, 2021, https://www.sba.gov/article/2021/sep/09/sba-Businesses Facing Challenges from Delta Variant, September 9, 2021, https://www.sba.gov/article/2021/sep/09/sba-
administrator-guzman-enhances-covid-economic-injury-disaster-loan-program-aid-small-businesses. administrator-guzman-enhances-covid-economic-injury-disaster-loan-program-aid-small-businesses.
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Figure 1. Regulatory and Statutory History of Disaster Loan Limits
Source: Based on CRS interpretation of regulatory and statutory adjustments to disaster loan limits.
Table 1. Supplemental Appropriations: SBA Disaster Loan Account
FY2020-FY2022
Public Law Number, Division, and
Bill Title
Appropriation
Purpose
FY2020
P.L. 116-123, Division A
$20,000,000
P.L. 116-123 appropriated $20 mil ion to
Coronavirus Preparedness and Response
carry out administrative expenses
Supplemental Appropriations Act, 2020
associated with the SBA Disaster Loan Program.
P.L. 116-136, Division B
$10,562,000,000
P.L. 116-136 appropriated $10 bil ion for
CARES Act
Emergency EIDL Grants and $562 mil ion to support EIDL.
P.L. 116-139, Division B
$60,000,000,000
P.L. 116-139 appropriated $10 bil ion for
Paycheck Protection Program and Health
Emergency EIDL Grants, and $50 bil ion to
Care Enhancement Act
support EIDL.
FY2021
P.L. 116-260, Division Na
$20,000,000,000
P.L. 116-260 appropriated $20 bil ion for
Economic Aid to Hard-Hit Small
Targeted EIDL Grants, of which
Businesses, Nonprofits, and Venues Act
$20,000,000 shall be made available to the Inspector General of the Small Business Administration to prevent waste, fraud, and abuse.
P.L. 117-2
$15,460,000,000
P.L. 117-2 appropriated $10 bil ion for
American Rescue Plan Act of 2021
Targeted EIDL Advance Grants; $5 bil ion for Emergency EIDL Grants; and $460 mil ion for the disaster loan account, of which $70 mil ion was for disaster loan credit subsidies and $390 mil ion was for disaster loan administrative expenses25 Small Business Administration, “Disaster Assistance Loan Program Changes to Maximum Loan Amounts and Miscellaneous Updates,” 88 Federal Register 39335, June 16, 2023. .
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Figure 1. Regulatory and Statutory History of Disaster Loan Limits
Source: CRS interpretation of regulatory and statutory adjustments to disaster loan limits. SBA Disaster Loan Limits: Policy Options and Considerations
Public Law Number, Division, and
Bill Title
Appropriation
Purpose
FY2022b
P.L. 117-43, Division B
$1,189,100,000
P.L. 117-43 appropriated $1.1891 bil ion for
Extending Government Funding and
the disaster loan account. Up to $620
Delivering Emergency Assistance Act
mil ion may be transferred to and merged with “Salaries and Expenses” for administrative expenses to carry out the disaster loan program.
Source: Based on appropriations laws. Note: EIDL refers to economic injury disaster loan. a. P.L. 116-260. Division E, the Financial Services and General Government Appropriations Act, 2021, also
appropriated $168,075,000 for FY2021 regular appropriations to the SBA disaster loan program account.
b. P.L. 117-58, the Infrastructure Investment and Jobs Act, rescinded $36.929 bil ion in SBA unobligated
balances, including $17.578 bil ion from funds provided by P.L. 116-260 for the Targeted EIDL Advance grant program; and $13.5 bil ion from funds provided by P.L. 116-139 for the Disaster Loans Program Account for EIDL loan credit subsidies.
Contextualizing SBA Disaster Loan Limits
One challenging aspect of establishing disaster loan limits is the lack of consensus on a model or One challenging aspect of establishing disaster loan limits is the lack of consensus on a model or
formula for determining disaster recovery rebuilding and repair costs. Establishing an appropriate formula for determining disaster recovery rebuilding and repair costs. Establishing an appropriate
disaster loan limit is difficult for a variety of reasons, including (1) demolition, labor, disaster loan limit is difficult for a variety of reasons, including (1) demolition, labor,
construction, and material costs vary by region and fluctuate over time; (2) variation between construction, and material costs vary by region and fluctuate over time; (2) variation between
states and regions with respect to median home costs and prices, building permits, and codes; and states and regions with respect to median home costs and prices, building permits, and codes; and
(3) “normal” reconstruction costs may be of limited value to establish disaster reconstruction (3) “normal” reconstruction costs may be of limited value to establish disaster reconstruction
costs because disasters can deplete labor and/or material in an area, which may lead to increased costs because disasters can deplete labor and/or material in an area, which may lead to increased
labor and material costs. labor and material costs.
An additional consideration associated with developing disaster loan limits is whether the current
An additional consideration associated with developing disaster loan limits is whether the current
loan limits are restrictive to individuals and households residing in areas with higher property loan limits are restrictive to individuals and households residing in areas with higher property
prices and values. prices and values.
The following sections help frame these issues by examining a range of factors Congress might
The following sections help frame these issues by examining a range of factors Congress might
consider in evaluating disaster loan limits. consider in evaluating disaster loan limits.
Inflation
Inflation, or the general rise in prices of goods and services in the economy, is an important
Inflation, or the general rise in prices of goods and services in the economy, is an important
indicator of purchasing power over timeindicator of purchasing power over time
, or the value of a dollar. One tool used to measure or the value of a dollar. One tool used to measure
inflation, the inflation, the
Consumer Price Index (CPI)CPI, covers prices for consumer goods and services , covers prices for consumer goods and services
typically purchased by households, and is often used to adjust household incomes for inflation. typically purchased by households, and is often used to adjust household incomes for inflation.
The graph in Figure 2 shows the CPI from 1994, when personal and real property disaster loan shows the CPI from 1994, when personal and real property disaster loan
limits were last updated, to limits were last updated, to
20212023. The CPI grew from about 148 in 1994 to just over . The CPI grew from about 148 in 1994 to just over
270 in 2021 304 in 2023 (note that (note that
the CPI values fluctuate from month to month), which can be expressed as a growth rate of values fluctuate from month to month), which can be expressed as a growth rate of
82106%. In 2008, when the business disaster loan limit was last revised, the CPI was 215, %. In 2008, when the business disaster loan limit was last revised, the CPI was 215,
representing representing
26% 42% growth from 2008 to growth from 2008 to
20212023. .
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Figure 2. Consumer Price Index Change
1994-
1994-
20212023
Source: U.S.U.S.
Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, https://www.bls.gov/Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, https://www.bls.gov/
news.release/cpi.t01.htm; historical data accessed through U.S. Department of Agriculture (USDA), https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/econ/prices/. Notes: Data represent annual averages of monthly values.
Construction Costs
The graph below (Figure 3) cpi/data.htm Notes: Data represent annual averages of monthly values.
Construction Costs
SBA home and business physical disaster loans are used to fund reconstruction projects to repair and replace primary residences and businesses. Figure 3 shows how construction costs have risen since 1994, based on a shows how construction costs have risen since 1994, based on a
well-known construction cost index (CCI) used by the construction industry to estimate project well-known construction cost index (CCI) used by the construction industry to estimate project
costs and prepare bids. The index takes into account the costs of both construction materials and costs and prepare bids. The index takes into account the costs of both construction materials and
labor, which vary by market (geographic area) and type of construction (e.g., commercial or labor, which vary by market (geographic area) and type of construction (e.g., commercial or
residential building; wood-frame or steel-frame structure).residential building; wood-frame or steel-frame structure).
2426
According to the index, construction cost increases began to accelerate in 2004,
According to the index, construction cost increases began to accelerate in 2004,
with the largest year-to-year increases occurring during the years leading up to the 2008 financial crisisduring the years leading up to the 2008 financial crisis
, with the largest year-to-year increases occurring between 2020 and 2022. From . From
1994 to 1994 to
20212023, the CCI grew by , the CCI grew by
120147%, and from 2008 to %, and from 2008 to
20212023, it grew by , it grew by
44%.
2461%.
26 The CCI is published by the Engineering News-Record and is based on data from 20 cities, including the following: The CCI is published by the Engineering News-Record and is based on data from 20 cities, including the following:
Atlanta, GA; Baltimore, MD; Birmingham, AL; Boston, MA; Chicago, IL; Cincinnati, OH; Cleveland, OH; Dallas, Atlanta, GA; Baltimore, MD; Birmingham, AL; Boston, MA; Chicago, IL; Cincinnati, OH; Cleveland, OH; Dallas,
TX; Denver, CO; Detroit, MI; Kansas City, MO; Los Angeles, CA; Minneapolis, MN; New Orleans, LA; New York, TX; Denver, CO; Detroit, MI; Kansas City, MO; Los Angeles, CA; Minneapolis, MN; New Orleans, LA; New York,
NY; Philadelphia, PA; Pittsburgh, PA; San Francisco, CA; Seattle, WA; St. Louis, MO. NY; Philadelphia, PA; Pittsburgh, PA; San Francisco, CA; Seattle, WA; St. Louis, MO.
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Figure 3. U.S. Construction Cost Change
1994-
1994-
20212023
Source: Engineering News-Record (ENR), Construction Cost Index History, https://www.enr.com/economics/ Engineering News-Record (ENR), Construction Cost Index History, https://www.enr.com/economics/
historical_indiceshistorical_indices
; originally accessed through U.S. Department of Agriculture (USDA), https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/econ/prices/. .
Notes: Data represent annual averages of monthly values. Data represent annual averages of monthly values.
The data provided i
The data provided i
n Figure 3 may not be analogous to reconstruction costs after a disaster. As may not be analogous to reconstruction costs after a disaster. As
mentioned, disasters potentially stress the availability of labor, local resources, and materials mentioned, disasters potentially stress the availability of labor, local resources, and materials
which may which may
increasecompound reconstruction costs after a disaster takes place. reconstruction costs after a disaster takes place.
The graph i
The graph i
n Figure 4 plots the CPI along with the CCI, to show the difference between the rise plots the CPI along with the CCI, to show the difference between the rise
of the cost of a general basket of goods and services and construction costs. In 2013, the CCI of the cost of a general basket of goods and services and construction costs. In 2013, the CCI
eclipsed the CPI and has remained higher. eclipsed the CPI and has remained higher.
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Figure 4. Consumer Price and Construction Cost Comparison
1994-
1994-
20212023
Source: Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, https://www.bls.gov/Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers, https://www.bls.gov/
news.release/cpi.t01.htm; historical data accessed through U.S. Department of Agriculture (USDA)cpi/data.htm; Engineering ; Engineering
News-Record (ENR), Construction Cost Index History, https://www.enr.com/economics/historical_indices. News-Record (ENR), Construction Cost Index History, https://www.enr.com/economics/historical_indices.
Notes: Data represent annual averages of monthly values. Data represent annual averages of monthly values.
Median Home Prices and Values
Another factor that may be considered when contemplating maximum loan amounts for SBA disaster loans are home costs. The following sections examine home prices and values, including how they have changed over The following sections examine home prices and values, including how they have changed over
time. time.
Home Prices
The Federal Reserve Bank of St. Louis indicates that the median sales price for a used home in The Federal Reserve Bank of St. Louis indicates that the median sales price for a used home in
the United States was $130,000 in 1994. Since then, median home sales prices have steadily the United States was $130,000 in 1994. Since then, median home sales prices have steadily
increasedincreased
, exceeding $200,000 in 2004 (at $212,700) and reaching $428,700 in 2022 to $212,700 in 2004, peaking at $457,475 in 2022, and then dropping to $426,525 in 2023 (see (see
Figure
5).
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Figure 5. Median Sales Price for usedUsed Homes in the United States
1994-
1994-
20222023
Source: Derived from Federal Reserve Bank of St. Louis, Derived from Federal Reserve Bank of St. Louis,
Median Sales Price of Houses Sold for the United States, ,
https://fred.stlouisfed.org/series/MSPUS#0. https://fred.stlouisfed.org/series/MSPUS#0.
Note: The current SBA Real Property Disaster Loan limit is $200,000. The current SBA Real Property Disaster Loan limit is $200,000.
Home Values
Some datasets assess homes by value rather than price. Value is generally considered what homes Some datasets assess homes by value rather than price. Value is generally considered what homes
with similar features and in similar condition might be sold for in a given area. Based on U.S. with similar features and in similar condition might be sold for in a given area. Based on U.S.
Census Bureau data, the median home value in Census Bureau data, the median home value in
2020 was $251,700. Roughly half of homes2022 was $354,100. Half of states in the in the
United States (including Washington, DC) had United States (including Washington, DC) had
median values above the $values above the $
200315,000 range (se,000 range (se
e Figure 6). .
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Figure 6. Financial Characteristics for Housing Units with a Mortgage, 20202022
Median Home Values
Median Home Values
Source: U.S. Census Bureau, S2506, U.S. Census Bureau, S2506,
Financial Characteristics for Housing Units with a Mortgage, ,
20202022, ,
https://data.census.gov/https://data.census.gov/
cedsci/map?q=S2506&g=0100000US%240400000&tid=ACSST5Y2020.S2506&cid=S2506_C01_001E&layer=VT_2020_040_00_PP_D1&mode=thematic&loc=44.8284,-114.5317,z3.2393table/ACSST1Y2022.S2506?q=S2506&g=010XX00US$0400000&y=2022. .
Some may object to the use of home prices and values to determine appropriate home disaster
Some may object to the use of home prices and values to determine appropriate home disaster
loan limits. Home sale prices, they might argue, cannot be compared to repair and rebuilding loan limits. Home sale prices, they might argue, cannot be compared to repair and rebuilding
costs. For one, not all home disaster loans are for completely destroyed homes. Rather, most are costs. For one, not all home disaster loans are for completely destroyed homes. Rather, most are
for making structural repairs (such as replacing a roof). Similarly, some may question the use of for making structural repairs (such as replacing a roof). Similarly, some may question the use of
median home values as a tool for determining loan caps. Homes in California and Washington, median home values as a tool for determining loan caps. Homes in California and Washington,
DC, for example, have higher values, in part, because of their location. According to this line of DC, for example, have higher values, in part, because of their location. According to this line of
thinking, property values remain high in those areas even if the homes are destroyed. Disaster thinking, property values remain high in those areas even if the homes are destroyed. Disaster
loans, it could be argued, should be used to repair and replace the structure, not replace the loans, it could be argued, should be used to repair and replace the structure, not replace the
property. It could be further argued that people living in high-cost areas have higher incomes and property. It could be further argued that people living in high-cost areas have higher incomes and
thus areare therefore more capable of purchasing insurance. more capable of purchasing insurance.
Others might argue that federal disaster assistance is intended to supplement, not replace private
Others might argue that federal disaster assistance is intended to supplement, not replace private
insurance. It could be further argued that increasing disaster loan limits induces moral hazard if insurance. It could be further argued that increasing disaster loan limits induces moral hazard if
homeowners believe the limit is high enough to make them whole again after the incident. If that homeowners believe the limit is high enough to make them whole again after the incident. If that
is the case, some homeowners may decide not to not to insure (or decide to underinsure) their is the case, some homeowners may decide not to not to insure (or decide to underinsure) their
property.property.
25
2527
27 For example, according to the Senate Task Force on Funding Disaster Relief “after the Midwest flood of 1993, the For example, according to the Senate Task Force on Funding Disaster Relief “after the Midwest flood of 1993, the
Interagency Floodplain Management Review Committee reported that ... [the] provision of ... federal disaster assistance Interagency Floodplain Management Review Committee reported that ... [the] provision of ... federal disaster assistance
to those without insurance [created the] perception with many floodplain residents that purchase of flood insurance is to those without insurance [created the] perception with many floodplain residents that purchase of flood insurance is
not a worthwhile investment.” There is, however, some debate on the topic of insurance. The Senate Task Force on not a worthwhile investment.” There is, however, some debate on the topic of insurance. The Senate Task Force on
Funding Disaster Relief also stated that “at least one study concluded that expecting ... federal disaster assistance did not significantly influence individuals’ decisions about purchasing flood insurance.” U.S. Congress, Senate, Federal Disaster Assistance, Report of the Senate Task Force on Funding Disaster Relief, 104th Cong., March 15, 104-4 (Washington: GPO, 1995), p. 64.
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Variations in State and County Home Costs
Throughout the United States, there are counties that have median home costs that are
Throughout the United States, there are counties that have median home costs that are
significantly higher than the rest of the nation. For example, a major disaster declaration issued significantly higher than the rest of the nation. For example, a major disaster declaration issued
for the Camp Fire in California made home disaster loans available to individuals and households for the Camp Fire in California made home disaster loans available to individuals and households
residing in Butte, Los Angeles, and Ventura counties.residing in Butte, Los Angeles, and Ventura counties.
2628 The median The median
home sale prices owner occupied home values for those for those
counties in 2020 were well above the national median counties in 2020 were well above the national median
at of $251,700 at the time at $304,700, $615,500, and $609,200$304,700, $615,500, and $609,200
, respectively.respectively.
2729 In another example, in some Florida counties with a history of hurricane In another example, in some Florida counties with a history of hurricane
damages—Collier and Monroe counties—also have median damages—Collier and Monroe counties—also have median
sales pricesowner occupied home values well above the national well above the national
median ($median ($
366,600 and $588,100 in 2020443,700 and $696,900 from 2018 and 2022, respectively)., respectively).
2830
Personal Property, Home Furnishings, and Vehicles
SBA SBA
Personal Property Loans provide creditworthy homeowners or renters located in a declared disaster area with up to $40,000 to repair or replace personal property owned by the survivor. Personal Property may include furniture, clothing, and vehicles. The $40,000 limit for SBA Personal Property Loans was last adjusted in regulation in 1994. personal property loans may be used to repair or replace clothing, furniture, cars, or appliances damaged or destroyed in the disaster. The following section examines the cost of furnishings and vehicles in the United States.
According to economic data published by the Federal Reserve Bank of St. Louis, from 2010 to
According to economic data published by the Federal Reserve Bank of St. Louis, from 2010 to
20222023, prices for household furnishings and supplies increased , prices for household furnishings and supplies increased
4.29.7% (see% (see
Figure 7).2931 From 1994 From 1994
to to
20222023 new vehicle prices increased new vehicle prices increased
26.7830.03%, and used cars and trucks increased %, and used cars and trucks increased
54.1434.96% (see % (see
Figure 8). The data may suggest to some that the $. The data may suggest to some that the $
40100,000 disaster loan limit may not presently be ,000 disaster loan limit may not presently be
sufficient to replace vehicles, home furnishings, and supplies. Others may disagree and argue that, sufficient to replace vehicles, home furnishings, and supplies. Others may disagree and argue that,
while some household costs have increased, others have decreased. According to the Federal while some household costs have increased, others have decreased. According to the Federal
Reserve Bank of St. Louis: Reserve Bank of St. Louis:
It is natural to complain that some prices increase. But ... prices can also decrease. While
It is natural to complain that some prices increase. But ... prices can also decrease. While
there are obvious seasonal fluctuations for some goods (say, agricultural products), other there are obvious seasonal fluctuations for some goods (say, agricultural products), other
goods have been declining year over year, contributing to a general price inflation that is goods have been declining year over year, contributing to a general price inflation that is
lower than one may think. [A] prime example is anything related to information lower than one may think. [A] prime example is anything related to information
technology.... IT devices with a given set of characteristics have continuously fallen in technology.... IT devices with a given set of characteristics have continuously fallen in
price. Or, to put it differently, a device of the same price year after year will provide much price. Or, to put it differently, a device of the same price year after year will provide much
better performance; its price by “unit of performance” must therefore be declining.better performance; its price by “unit of performance” must therefore be declining.
30
Funding Disaster Relief also stated that “at least one study concluded that expecting ... federal disaster assistance did not significantly influence individuals’ decisions about purchasing flood insurance.” U.S. Congress, Senate, Federal
Disaster Assistance, Report of the Senate Task Force on Funding Disaster Relief, 104th Cong., March 15, 104-4 (Washington: GPO, 1995), p. 64.
2632
28 Federal Emergency Management Agency, Federal Emergency Management Agency,
California Wildfires (DR-4407), November 30, 2018, , November 30, 2018,
https://www.fema.gov/disaster/4407. https://www.fema.gov/disaster/4407.
2729 U.S. Census Bureau, Quick Facts, https://www.census.gov/quickfacts/fact/table/ U.S. Census Bureau, Quick Facts, https://www.census.gov/quickfacts/fact/table/
venturacountycalifornia,losangelescountycalifornia,buttecountycalifornia/PST120221. venturacountycalifornia,losangelescountycalifornia,buttecountycalifornia/PST120221.
2830 U.S. Census Bureau, Quick Facts, https://www.census.gov/quickfacts/fact/table/colliercountyflorida/PST045221, and U.S. Census Bureau, Quick Facts, https://www.census.gov/quickfacts/fact/table/colliercountyflorida/PST045221, and
https://www.census.gov/quickfacts/fact/table/monroecountyflorida/PST045221. https://www.census.gov/quickfacts/fact/table/monroecountyflorida/PST045221.
2931 Authoritative data on household furnishings and supplies from 1994 to 2010 could not be located. Authoritative data on household furnishings and supplies from 1994 to 2010 could not be located.
3032 Federal Reserve Bank of St. Louis, Federal Reserve Bank of St. Louis,
Not All Prices Increase, October 2, 2014, https://fredblog.stlouisfed.org/2014/10/, October 2, 2014, https://fredblog.stlouisfed.org/2014/10/
not-all-prices-increase/. not-all-prices-increase/.
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SBA Disaster Loan Limits: Policy Options and Considerations
Figure 7. Consumer Price Index for All Urban Consumers: Household Furnishings
and Supplies in the United States
Source: Federal Reserve Bank of St. Louis, Federal Reserve Bank of St. Louis,
Consumer Price Index for All Urban Consumers: Household Furnishings
and Supplies in U.S. City Average, ,
July 13, 2022May, 2024, https://fred.stlouisfed.org/series/CUUS0000SAH31. , https://fred.stlouisfed.org/series/CUUS0000SAH31.
Figure 8. Consumer Price Index for All Urban Consumers: New Vehicles;
Used Cars and Trucks in the United States
Source: Federal Reserve Bank of St. Louis, Federal Reserve Bank of St. Louis,
Consumer Price Index for All Urban Consumers: Used Cars and Trucks in
U.S. City Average, ,
July 2022May 2024, https://fred.stlouisfed.org/series/CUSR0000SETA02; and Federal Reserve Bank of St. , https://fred.stlouisfed.org/series/CUSR0000SETA02; and Federal Reserve Bank of St.
Louis, Louis,
Consumer Price Index for All Urban Consumers: New Vehicles in U.S. City Average, ,
July 2022May 2024, ,
https://fred.stlouisfed.org/series/CUUR0000SETA01. https://fred.stlouisfed.org/series/CUUR0000SETA01.
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65 SBA Disaster Loan Limits: Policy Options and Considerations
Policy Options
The following sections describe policy options that Congress may consider when contemplating The following sections describe policy options that Congress may consider when contemplating
disaster limits, including formulas and the establishment of disaster limit floors. disaster limits, including formulas and the establishment of disaster limit floors.
Disaster Limit Waivers
As mentioned previously, P.L. 110-246 authorized SBA to waive the $2 million loan limit for business disaster loans and provide a higher loan amount under specified circumstances. Congress could consider a similar waiver for disaster home loans. For example, SBA could waive the limit for home disaster loans if the region, or nature of the disaster’s circumstances, make a full recovery cost prohibitive.
Disaster Loan Limit Formulas
Rather than periodically adjusting disaster loan limits, Congress could require SBA to set disaster Rather than periodically adjusting disaster loan limits, Congress could require SBA to set disaster
loan limits by formula, incorporating measures such as loan limits by formula, incorporating measures such as
CPI, PPI, inflation, economic indicators, and/or inflation, economic indicators, and/or
home values and prices. SBA applies a similar formula-based model to determine disaster loan home values and prices. SBA applies a similar formula-based model to determine disaster loan
interest rates for individuals and households that are unable to secure a disaster loan through interest rates for individuals and households that are unable to secure a disaster loan through
a a private lender: private lender:
the rate prescribed by the [SBA] Administration but not more than one-half the rate
the rate prescribed by the [SBA] Administration but not more than one-half the rate
determined by the Secretary of the Treasury taking into consideration the current average determined by the Secretary of the Treasury taking into consideration the current average
marketmarket
yield on outstandingyield on outstanding
marketable obligations of themarketable obligations of the
United StatesUnited States
with remaining with remaining
periods to maturity comparable to the average maturities of such loan plus an additional periods to maturity comparable to the average maturities of such loan plus an additional
charge of not to exceed 1 per centum per annum as determined by the Administrator, and charge of not to exceed 1 per centum per annum as determined by the Administrator, and
adjusted to the nearest one-eighth of 1 per centum, but not to exceed 4 per centum per adjusted to the nearest one-eighth of 1 per centum, but not to exceed 4 per centum per
annum.annum.
3133
A disaster loan limit formula could be applied nationwide, or regionally for areas with higher
A disaster loan limit formula could be applied nationwide, or regionally for areas with higher
housing costs. housing costs.
Disaster Loan Limit Floors
As described As described
in in “Historical Developments,” SBASBA lowered disaster limits for COVID-19 EIDL lowered disaster limits for COVID-19 EIDL
assistance in 2020 from $2 million per loan to $150,000 to meet COVID-19 EIDL demand. assistance in 2020 from $2 million per loan to $150,000 to meet COVID-19 EIDL demand.
According to the SBA Office of Inspector General, SBA “approved and disbursed more loans for According to the SBA Office of Inspector General, SBA “approved and disbursed more loans for
COVID-19 relief than for all other disasters combined in the agency’s history.”COVID-19 relief than for all other disasters combined in the agency’s history.”
3234 As mentioned As mentioned
previously, the Small Business Act authorizes SBA to set disaster loan limits so long as they do previously, the Small Business Act authorizes SBA to set disaster loan limits so long as they do
not exceed the loan limits established in statute. The absence of a statutory floor allowed SBA to not exceed the loan limits established in statute. The absence of a statutory floor allowed SBA to
temporarily reduce the loan limit so that it could continue to provide COVID-19 EIDL assistance temporarily reduce the loan limit so that it could continue to provide COVID-19 EIDL assistance
to struggling businesses. While the SBA’s decision to lower loan limits may have helped the to struggling businesses. While the SBA’s decision to lower loan limits may have helped the
agency meet high levels of demand, some were concerned the amount was insufficient to meet agency meet high levels of demand, some were concerned the amount was insufficient to meet
the economic recovery needs of businesses.the economic recovery needs of businesses.
33
31 15 U.S.C. §636(d)(5)(A). 3235
It may be argued that the factors that led to SBA’s decision to lower the loan limit were extraordinary and unprecedented. Historically, SBA has never had to lower limits to meet loan demand for natural disasters such as hurricanes or floods. Still, there may now be some concern that SBA might reduce loan limits in the future if the SBA Disaster Loan Account runs low on funding.36 If so, some homeowners and/or businesses may not be able to make a full recovery from the incident. Against this concern it might be argued that SBA should be allowed to lower
33 15 U.S.C. §636(d)(5)(A). 34 SBA, Office of Inspector General, SBA, Office of Inspector General,
Inspection of the Small Business Administration’s Initial Response to the
Coronavirus Pandemic, October 28, 2020, p. 3, https://www.sba.gov/sites/default/files/2020-10/SBA OIG Report 21-, October 28, 2020, p. 3, https://www.sba.gov/sites/default/files/2020-10/SBA OIG Report 21-
02.pdf. 02.pdf.
3335 For example, see For example, see
Cardin, Schumer & Shaheen Call on SBA to Reverse Policy That Limits Economic Disaster Loan
Program (EIDL) Loans to $150k, https://www.sbc.senate.gov/public/index.cfm/2020/5/cardin-schumer-shaheen-call-, https://www.sbc.senate.gov/public/index.cfm/2020/5/cardin-schumer-shaheen-call-
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It may be argued that the factors that led to SBA’s decision to lower the loan limit were extraordinary and unprecedented. Historically SBA has never had to lower limits to meet loan demand for natural disasters such as hurricanes or floods. Still, there may now be some concern that SBA might reduce loan limits in the future if the SBA Disaster Loan Account runs low on funding.34 If so, some homeowners and/or businesses may not be able to make a full recovery from the incident. Against this concern it might be argued that SBA should be allowed to lower on-sba-to-reverse-policy-that-limits-economic-disaster-loan-program-eidl-loans-to-150k
36 For more information on the SBA Disaster Loan Account, see CRS Insight IN11433, Supplemental Appropriations: SBA Disaster Loan Account, by Bruce R. Lindsay et al.
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loan limits to meet loan demand if needed. According to this line of thought, the lower limit loan limits to meet loan demand if needed. According to this line of thought, the lower limit
would allow SBA to provide as many disaster loans as possible, which is seen as better than would allow SBA to provide as many disaster loans as possible, which is seen as better than
denying loan applications on the basis of inadequate funding. To summarize, on the one hand, denying loan applications on the basis of inadequate funding. To summarize, on the one hand,
establishing floors would prevent SBA from lowering limits to an amount Congress believes is establishing floors would prevent SBA from lowering limits to an amount Congress believes is
too low. On the other hand, floors could limit the number of loans that can be serviced if loan too low. On the other hand, floors could limit the number of loans that can be serviced if loan
demand is high. demand is high.
Regional Cost Variations
As previously, mentioned, home values vary by region. If home value variation is a concern, Congress could establish a home disaster loan limit higher than the national median, or consider the use of a formula that adjusts for this variation. For example, the disaster loan limits could be periodically adjusted based on state or regional home costs or values, construction costs, or some other information. The adjustment could be analogous to the formula set in statute to determine SBA disaster loan interest rates. Under the Small Business Act, interest rates for home disaster loans for homeowners unable to secure credit elsewhere reflect:
the rate prescribed by the Administration but not more than one-half the rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans plus an additional charge of not to exceed 1 per centum per annum as determined by the Administrator, and adjusted to the nearest one-eighth of 1 per centum but not to exceed 8 per centum per annum.35
Essentially, the SBA Administrator is authorized to base disaster loan interest rates on current, comparable average market yields so long as they do not exceed the interest rate ceilings set in statute. Similarly, the SBA Administrator could be required to establish disaster loan limits based on a formula based on housing costs or values such as those in Figure 5 or Figure 6, inflation, or some other metric. The disaster limit formula could be applied nationwide or reflect regional costs.
If variations in costs and values within a state are a concern, then the adjustment could be based on data that provides greater county-level detail such as Fannie Mae and Freddie Mac maximum loan limits for mortgages.36 Doing so could benefit those living in areas with home values higher than the national median. For example, the major disaster declared for New York after Hurricane Sandy provided assistance for twelve counties.37 As shown in Figure 9, if the Fannie Mae and on-sba-to-reverse-policy-that-limits-economic-disaster-loan-program-eidl-loans-to-150k
34 For more information on the SBA Disaster Loan Account, see CRS Insight IN11433, Supplemental Appropriations:
SBA Disaster Loan Account, by Bruce R. Lindsay et al.
35 15 U.S.C. 636 (d)(4)(A). 36 Fannie Mae and Freddie Mac are restricted by law to purchasing single-family mortgages with origination balances below a specific amount, which are known as the “conforming loan limit.” Loans above the conforming loan limit are known as “jumbo loans.”
37SBA Disaster Loan Account Report The SBA Disaster Loan Program is funded through the SBA Disaster Loan Account. The SBA Disaster Loan Account is a “no year” account, meaning that funding does not lapse at the end of the fiscal year. Rather, any remaining funds are rolled over to the next fiscal year. In addition to rolled over funds (if available), the SBA Disaster Loan Account may receive annual appropriations, revenue from disaster loan payments (including interest on the loans), and supplemental appropriations.37
Appropriations for disaster loan administration and servicing (including disaster loan credit subsidies to account for loan defaults), and disaster loan revenues (loan payments and default collateral recoveries) replenish the SBA Disaster Loan Account. As funding comes into the account, SBA disaster loans are paid as installments. Each dollar of disaster loan credit subsidy supports about seven dollars in disaster lending authority.
Congress has provided supplemental funding for the SBA Disaster Loan Account when the balance of the account becomes low (see Table 1). At times, however, there has been some confusion about the remaining balance in the SBA Disaster Loan Account.
Congress has required disaster funding reports from other agencies to delineate funding activities and estimate the date on which the funds may be exhausted. For example, after Hurricane Katrina, Congress required the Federal Emergency Management Agency (FEMA) to issue funding reports on the Disaster Relief Fund (DRF).38 The DRF is “an appropriation against which FEMA can direct, coordinate, manage, and fund eligible response and recovery efforts associated with domestic major disasters and emergencies that overwhelm State resources pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act.”39 DRF monthly reports help Congress track disaster relief funding activities and determine how much funding is available for current and future incidents. The SBA could be required to issue a similar report on the Disaster Loan Account. The report could include information such as the account balance, available lending authority, monthly revenues, and cost and exhausted funding projections.
37 Congress does not always provide an annual appropriation if the SBA Disaster Loan Program is adequately funded for that fiscal year. For more information about SBA funding, see CRS Report R43846, Small Business Administration (SBA) Funding: Overview and Recent Trends, by Robert Jay Dilger, R. Corinne Blackford, and Anthony A. Cilluffo.
38 For more information about FEMA’s DRF, see CRS Report R45484, The Disaster Relief Fund: Overview and Issues, by William L. Painter.
39 Federal Emergency Management Agency, April 9, 2024, https://www.fema.gov/about/reports-and-data/disaster-relief-fund-monthly-reports.
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14 Federal Emergency Management Agency, New York Hurricane Sandy (DR-4085), November 19, 2012, https://www.fema.gov/disaster/4085. The declared counties were Bronx, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester.
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Freddie Mac loan limit data accurately reflects home values, then homeowners in each county may struggle to rebuild and recover with a $200,000 disaster home loan.
Figure 9. Hurricane Sandy
New York Hurricane Sandy Declared Counties: 2021 Fannie Mae and Freddie Mac Mortgage Loan Limits
Source: Federal Emergency Management Agency, New York Hurricane Sandy (DR-4085), November 19, 2012, https://www.fema.gov/disaster/4085; and Federal Housing Finance Agency, FHFA Announces Conforming Loan Limits
for 2021, https://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Announces-Conforming-Loan-Limits-for-2021.aspx.
Congress could require SBA to adjust home disaster loan limits periodically, or establish loan limits at the time of the declared disaster, as is the case with disaster loan interest rates
SBA Disaster Loan Limits: Policy Options and Considerations
Table 1. Small Business Administration Disaster Loan Account Appropriations,
FY2015-FY2023
($ in millions)
Disaster Assistance
Fiscal Year
Disaster Assistance
Supplemental
2023
$179.00
$858.00
2022
$178.00
$1,189.10
2021
$168.10
$35,460.00
2020
$177.10
$70,582.00
2019
$10.00
$0.00
2018
$0.00
$1,659.00
2017
$186.00
$450.00
2016
$186.90
$0.00
2015
$186.90
$0.00
Source: U.S. Small Business Administration, Congressional Budget Justification [FY2016-FY2025] Notes: Numbers are rounded to the nearest hundred thousand. The SBA received supplemental appropriations of $760.9 bil ion in FY2020 and $378.5 bil ion in FY2021 to assist small businesses adversely affected by the COVID-19 pandemic. .
Concluding Observations
SBA disaster loan limits have been placed in statute and created by SBA regulatory action. SBA disaster loan limits have been placed in statute and created by SBA regulatory action.
Historically, businesses have been eligible for the maximum amount set in statute whereas Historically, businesses have been eligible for the maximum amount set in statute whereas
homeowners have been eligible for a lesser amount than has been set in statute. To some, this has homeowners have been eligible for a lesser amount than has been set in statute. To some, this has
been an effective approach to (1) supplement, as opposed to replace, private insurance, (2) avoid been an effective approach to (1) supplement, as opposed to replace, private insurance, (2) avoid
moral hazard, and (3) balance the desire to help disaster victims with the need for prudent federal moral hazard, and (3) balance the desire to help disaster victims with the need for prudent federal
spending. spending.
Others may
Others may
find increases in inflation, especially increases in median home values and prices, constitute a compelling reason to increase SBA disaster loan limits and to index those limits to inflation. They may be particularly concerned that housing costs in some areas of the nation exceed home disaster loan limits by a substantial margin. In their view, homeowners in those areas may be incapable of fully recovering because the loans cover too small a share of their repair and rebuilding costs. Similarly, the cost of replacing home items has increased since 1994. Consequently, limits on personal property loans do not have the same purchasing power to replace lost vehicles and furniture as they did in 1994.
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16be concerned that SBA regulatory action has not been timely. As mentioned previously, from 1994 to 2023, disaster home loan limits were not adjusted for two decades (from 1993 to 2023). During that time inflation, building costs, and median home values and prices increased and some homeowners may not have been capable of fully recovering from a disaster because their disaster loans covered too small a share of their repair and rebuilding costs. There may also be concern that SBA may reduce disaster loan limits to an amount lower than an amount that is acceptable to Congress. On the one hand, a lack of a disaster loan floor provides SBA with the flexibility to meet loan demand in unpresented situations such as COVID-19. On the other hand, the lower limit imposed by SBA in such cases may not provide enough for businesses to get by on until they can resume normal business operations. If these or other issues related to disaster loan limits are a concern, Congress could consider taking measures to ensure disaster loans are not prohibitively low.
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Appendix. SBA Disaster Loan Categories
The following provides a brief overview of each SBA disaster loan category, including eligible The following provides a brief overview of each SBA disaster loan category, including eligible
recovery activities and loan terms. recovery activities and loan terms.
Personal Property Disaster Loans
Personal Property Disaster Loans cover only uninsured or underinsured property and primary
Personal Property Disaster Loans cover only uninsured or underinsured property and primary
residences in a declared disaster area. Personal Property Disaster Loans can be used to repair or residences in a declared disaster area. Personal Property Disaster Loans can be used to repair or
replace clothing, furniture, cars, or appliances damaged or destroyed in the disaster. Interest rate replace clothing, furniture, cars, or appliances damaged or destroyed in the disaster. Interest rate
ceilings for Personal Property Disaster Loans are statutorily set at 8% per annum or 4% per ceilings for Personal Property Disaster Loans are statutorily set at 8% per annum or 4% per
annum if the applicant is unable to obtain credit elsewhere.annum if the applicant is unable to obtain credit elsewhere.
3840 The loans can have maturities up to The loans can have maturities up to
30 years. The maximum loan amount for a Personal Property Disaster Loan is set in regulation at 30 years. The maximum loan amount for a Personal Property Disaster Loan is set in regulation at
$$
40100,000.,000.
3941
Real Property Disaster Loans
Real Property Disaster Loans provide creditworthy homeowners located in a declared disaster
Real Property Disaster Loans provide creditworthy homeowners located in a declared disaster
area with up to $area with up to $
200500,000 to repair or restore the homeowner’s primary residence to its pre-,000 to repair or restore the homeowner’s primary residence to its pre-
disaster condition.disaster condition.
40 Only uninsured or otherwise uncompensated disaster losses are eligible for loan assistance. The loans may not be used to upgrade a home or build additions to the home, The loans may not be used to upgrade a home or build additions to the home,
unless the upgrade or addition is required by city or county building codes. Secondary homes or unless the upgrade or addition is required by city or county building codes. Secondary homes or
vacation properties are not eligible for Real Property Disaster Loans.vacation properties are not eligible for Real Property Disaster Loans.
4142 Limits for Real Property Limits for Real Property
Disaster Loans are set in regulation.Disaster Loans are set in regulation.
4243
Business Physical Disaster Loans
Business Physical Disaster Loans are available to almost any business located in a declared
Business Physical Disaster Loans are available to almost any business located in a declared
disaster area.disaster area.
4344 Business Physical Disaster Loans can be used to repair or replace damaged Business Physical Disaster Loans can be used to repair or replace damaged
physical propertyphysical property
—including machinery, equipment, fixtures, inventory, and leasehold including machinery, equipment, fixtures, inventory, and leasehold
improvementsimprovements
—that are not covered by insurance. Interest rates for Business Physical Disaster that are not covered by insurance. Interest rates for Business Physical Disaster
Loans cannot exceed 8% per annum or 4% per annum if the business cannot obtain credit Loans cannot exceed 8% per annum or 4% per annum if the business cannot obtain credit
elsewhere.elsewhere.
4445 Business Physical Disaster Loans can have maturities up to 30 years. The maximum Business Physical Disaster Loans can have maturities up to 30 years. The maximum
loan amount provided for a Business Physical Disaster Loan is $2 million.loan amount provided for a Business Physical Disaster Loan is $2 million.
45
3846
40 15 U.S.C. 636(d)(5)(B) and 15 U.S.C. 636(d)(5)(A). 15 U.S.C. 636(d)(5)(B) and 15 U.S.C. 636(d)(5)(A).
3941 13 C.F.R. §123.105(a)(1). 13 C.F.R. §123.105(a)(1).
40 Only uninsured or otherwise uncompensated disaster losses are eligible for loan assistance. 4142 Qualified rental properties may be eligible for assistance under SBA’s business loan program. Qualified rental properties may be eligible for assistance under SBA’s business loan program.
4243 13 C.F.R. §123.105(a)(2). 13 C.F.R. §123.105(a)(2).
4344 See C.F.R. §§123.200 and 123.201 for eligibility requirements. See C.F.R. §§123.200 and 123.201 for eligibility requirements.
4445 15 U.S.C. §636(d)(4)(C) and 15 U.S.C. §636(d)(5)(C). 15 U.S.C. §636(d)(4)(C) and 15 U.S.C. §636(d)(5)(C).
4546 15 U.S.C. §636(b)(8)(A). 15 U.S.C. §636(b)(8)(A).
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Economic Injury Disaster Loans
EIDLs are available to businesses located in a declared disaster area that have suffered substantial
EIDLs are available to businesses located in a declared disaster area that have suffered substantial
economic injury, are unable to obtain credit elsewhere, and are defined as small by SBA size economic injury, are unable to obtain credit elsewhere, and are defined as small by SBA size
regulations.regulations.
4647 Small agricultural cooperatives and most private and nonprofit organizations that Small agricultural cooperatives and most private and nonprofit organizations that
have suffered substantial economic injury as the result of a declared disaster are also eligible for have suffered substantial economic injury as the result of a declared disaster are also eligible for
EIDLs. The loans are designed to help businesses meet financial obligations and operating EIDLs. The loans are designed to help businesses meet financial obligations and operating
expenses that could have been met had the disaster not occurred. The loan proceeds can only be expenses that could have been met had the disaster not occurred. The loan proceeds can only be
used for working capital necessary to enable the business or organization to alleviate the specific used for working capital necessary to enable the business or organization to alleviate the specific
economic injury and to resume normal operations. The interest rate ceilings for EIDL are economic injury and to resume normal operations. The interest rate ceilings for EIDL are
statutorily set at 4% per annum or less and the loans can have maturities up to 30 years.statutorily set at 4% per annum or less and the loans can have maturities up to 30 years.
4748 The The
maximum loan amount for EIDL is $2 million.maximum loan amount for EIDL is $2 million.
4849
Author Information
Bruce R. Lindsay Bruce R. Lindsay
R. Corinne BlackfordDaniela E. Lacalle
Specialist in American National Government
Specialist in American National Government
Research Assistant
R. Corinne Blackford
Analyst in Small Business and Economic
Analyst in Small Business and Economic
Development Policy
Acknowledgments
Robert Dilger, Senior Specialist, Government and Finance Division, assisted with editorial comments and suggestions; Jared Nagel, Senior Research Librarian, and Maura Mullins, Research Librarian, Government and Finance Division, helped compile the data for this report; Brion Long, Graphics Specialist, Publishing and Editorial Resources Section, and Calvin DeSouza,Development Policy
Acknowledgments
Mari Lee and Amber Wilhem, Visual Information Specialists, Visualization and Geospatial Information Systems Geospatial Information Systems
AnalystSection, assisted , assisted
with figures for this report.with figures for this report.
46
47 Size standards vary according to many factors including industry type, average firm size, and start-up costs and entry Size standards vary according to many factors including industry type, average firm size, and start-up costs and entry
barriers. For more information on SBA business size requirements see CRS Report R40860, barriers. For more information on SBA business size requirements see CRS Report R40860,
Small Business Size
Standards: A Historical Analysis of Contemporary Issues, by Robert Jay Dilger, R. Corinne Blackford, and Anthony A. , by Robert Jay Dilger, R. Corinne Blackford, and Anthony A.
Cilluffo. See also 13 C.F.R. §123.300 for eligibility requirements. Cilluffo. See also 13 C.F.R. §123.300 for eligibility requirements.
4748 The 4% interest rate ceiling is established in regulation: 13 C.F.R. §123.302. The 4% interest rate ceiling is established in regulation: 13 C.F.R. §123.302.
4849 15 15
USCU.S.C. §636(b)(8)(A). §636(b)(8)(A).
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· VERSION 35 · UPDATED
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