15 U.S.C. § 9009 — Emergency EIDL grants
submitted 6 years ago by Pub. L. 116-136 to r/title-15-COMMERCE-AND-TRADE · 875 words · no verdicts yet
During the covered period, certain additional entities may receive specified disaster loans. The Administrator must waive some guarantee, operating-history, and credit-elsewhere requirements and may use simplified approval methods. Eligible applicants may receive an advance of up to $10,000 for allowable purposes, and they do not have to repay it.
(a) Definitions. In this section, the term "covered period" means January 31, 2020, through December 31, 2021. The term "eligible entity" means: (A) a business with no more than 500 employees; (B) an individual operating a sole proprietorship, with or without employees, or operating as an independent contractor; (C) a cooperative with no more than 500 employees; (D) an ESOP, as defined in section 632 of this title, with no more than 500 employees; (E) a tribal small business concern* described in section 657a(b)(2)(C) of this title, with no more than 500 employees; or (F) an agricultural enterprise, as defined in section 647(b) of this title, with no more than 500 employees.
(b) Eligible entities. During the covered period, in addition to small business concerns, private nonprofit organizations, and small agricultural cooperatives, an eligible entity is eligible for a loan under section 636(b)(2) of this title.
(c) Terms; credit elsewhere. For a loan under section 636(b)(2) made in response to COVID-19 during the covered period, the Administrator* must waive: (1) rules about personal guarantees on advances and loans of no more than $200,000 during the covered period, for all applicants; (2) the requirement that the applicant have been in business for the year before the disaster, except that this waiver is unavailable to a business that was not operating on January 31, 2020; and (3) the requirement that the applicant be unable to obtain credit elsewhere, described in the provision following section 636(b)(2)(E) of this title as redesignated by subsection (f) of this section.
(d) Approval and ability to repay for small-dollar loans. For a covered-period COVID-19 loan under section 636(b)(2), the Administrator may: (1) approve an applicant based only on the applicant's credit score, or by another appropriate method for deciding whether the applicant can repay; and (2) use Treasury Department information to confirm that the applicant is eligible for the loan or that the application's information is accurate.
(e) Emergency grant. (1)(A) Advances. During the covered period, an entity eligible under subsection (b), including a small business concern, private nonprofit organization, or small agricultural cooperative, that applies for a COVID-19 loan under section 636(b)(2) may ask the Administrator for an advance in the amount requested, subject to paragraph (3). (B) Timing. Within 21 days after receiving each request, the Administrator must: (i) verify whether the entity is eligible for the loan during the covered period; (ii) if it is eligible, provide the requested advance; and (iii) if the entity is not entitled to an advance, notify it and explain why. (2) Verification. Before paying an amount under this subsection, the Administrator must verify eligibility by accepting the applicant's self-certification under penalty of perjury under section 1746 of title 28. (3) Amount. The advance may not exceed $10,000. (4) Use of funds. The advance may be used for any allowable purpose of a section 636(b)(2) loan, including: (A) paid sick leave for employees unable to work because of COVID-19's direct effects; (B) payroll to retain employees during business disruptions or substantial slowdowns; (C) increased costs of obtaining materials unavailable from the original source because of interrupted supply chains; (D) rent or mortgage payments; and (E) repayment of obligations that cannot be met because of lost revenue. (5) Repayment. The applicant does not have to repay any advance, even if later denied the loan. (6) Repealed. (7) Authorization of appropriations. Congress may appropriate $40,000,000,000 to the Administration* to carry out this subsection. (8) Termination. The authority to carry out grants under this subsection ends December 31, 2021. (9) Statute of limitations. Despite any other law, a criminal charge or civil enforcement action alleging fraud by a borrower concerning use of an advance must be filed within 10 years after the offense occurred.
In this section—
the term “covered period” means the period beginning on January 31, 2020 and ending on December 31, 2021; and
the term “eligible entity” means—
a business with not more than 500 employees;
any individual who operates under a sole proprietorship, with or without employees, or as an independent contractor;
a cooperative with not more than 500 employees;
an ESOP (as defined in section 632 of this title) with not more than 500 employees;
a tribal small business concern*, as described in section 657a(b)(2)(C) of this title, with not more than 500 employees; or
an agricultural enterprise (as defined in section 647(b) of this title1 with not more than 500 employees.
During the covered period, in addition to small business concerns, private nonprofit organizations, and small agricultural cooperatives, an eligible entity shall be eligible for a loan made under section 636(b)(2) of this title.
With respect to a loan made under section 636(b)(2) of this title in response to COVID–19 during the covered period, the Administrator* shall waive—
any rules related 2 the personal guarantee on advances and loans of not more than $200,000 during the covered period for all applicants;
the requirement that an applicant needs to be in business for the 1-year period before the disaster, except that no waiver may be made for a business that was not in operation on January 31, 2020; and
the requirement in the flush matter following subparagraph (E) of section 636(b)(2) of this title, as so redesignated by subsection (f) of this section,3 that an applicant be unable to obtain credit elsewhere.
With respect to a loan made under section 636(b)(2) of this title in response to COVID–19 during the covered period, the Administrator may—
approve an applicant—
based solely on the credit score of the applicant; or
by using alternative appropriate methods to determine an applicant’s ability to repay; and
use information from the Department of the Treasury to confirm that—
an applicant is eligible to receive such a loan; or
the information contained in an application for such a loan is accurate.
During the covered period, an entity included for eligibility in subsection (b), including small business concerns, private nonprofit organizations, and small agricultural cooperatives, that applies for a loan under section 636(b)(2) of this title in response to COVID–19 may request that the Administrator provide an advance that is, subject to paragraph (3), in the amount requested by such applicant to such applicant.
With respect to each request submitted to the Administrator under subparagraph (A), the Administrator shall, not later than 21 days after the date on which the Administrator receives the request—
verify whether the entity is an entity that is eligible for a loan made under section 636(b)(2) of this title during the covered period, as described in subsection (b);
if the Administrator, under clause (i), verifies that the entity submitting the request is an entity that is eligible, as described in that clause, provide the advance requested by the entity; and
with respect to an entity that the Administrator determines is not entitled to receive an advance under this subsection, provide the entity with a notification explaining why the Administrator reached that determination.
Before disbursing amounts under this subsection, the Administrator shall verify that the applicant is an eligible entity by accepting a self-certification from the applicant under penalty of perjury pursuant to section 1746 of title 28.
The amount of an advance provided under this subsection shall be not more than $10,000.
An advance provided under this subsection may be used to address any allowable purpose for a loan made under section 636(b)(2) of this title, including—
providing paid sick leave to employees unable to work due to the direct effect of the COVID–19;
maintaining payroll to retain employees during business disruptions or substantial slowdowns;
meeting increased costs to obtain materials unavailable from the applicant’s original source due to interrupted supply chains;
making rent or mortgage payments; and
repaying obligations that cannot be met due to revenue losses.
An applicant shall not be required to repay any amounts of an advance provided under this subsection, even if subsequently denied a loan under section 636(b)(2) of this title.
There is authorized to be appropriated to the Administration* $40,000,000,000 to carry out this subsection.
The authority to carry out grants under this subsection shall terminate on December 31, 2021.
Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to the use of an advance received under this subsection shall be filed not later than 10 years after the offense was committed.
Source credit: (Pub. L. 116–136, div. A, title I, § 1110, Mar. 27, 2020, 134 Stat. 306; Pub. L. 116–139, div. A, § 101(b), (c), Apr. 24, 2020, 134 Stat. 620, 621; Pub. L. 116–260, div. N, title III, §§ 332, 333(c), Dec. 27, 2020, 134 Stat. 2045, 2046; Pub. L. 117–165, § 2(b), Aug. 5, 2022, 136 Stat. 1363.)
- 2020Enacted · Pub. L. 116-136 · 134 Stat. 306
- 2020Amended · Pub. L. 116-139 · 134 Stat. 620, 621
- 2020Amended · Pub. L. 116-260 · 134 Stat. 2045, 2046
- 2022Amended · Pub. L. 117-165 · 136 Stat. 1363
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-136 on 2020-03-27.
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