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B-332917 Feb 05, 2021 1 (2021-02-05)

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                     m1O     o    U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                                  A Century of Non-Partisan Fact-Based Work
441 G St. N.W.
Washington, DC 20548


B-332917


February 5, 2021

The Honorable Sherrod Brown
Chairman
Ranking Member  Patrick J. Toomey
Committee on Banking, Housing, and Urban Affairs
United States Senate

The Honorable Richard Neal
Chairman
The Honorable Kevin Brady
Republican Leader
Committee on Ways  and Means
House  of Representatives

Subject: Small Business Administration: Business Loan Program Temporary Changes;
        Paycheck Protection Program Second Draw Loans

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Small Business Administration (SBA) entitled Business Loan Program
Temporary Changes;  Paycheck Protection Program Second Draw Loans (RIN: 3245-AH63).
We  received the rule on January 22, 2021. It was published in the Federal Register as an
interim final rule on January 14, 2021. 86 Fed. Reg. 3712. The effective date of the rule is
January 12, 2021.

According to SBA, this interim final rule announces the implementation of section 311 of the
Economic  Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, Pub. L. No. 116-260,
div. N, title III, 134 Stat. 1182, 1993 (Dec. 27, 2020), (Economic Aid Act). SBA stated that the
Economic  Aid Act authorizes it to guarantee additional loans under the temporary Paycheck
Protection Program, which was originally established under the Coronavirus Aid, Relief, and
Economic  Security Act, Pub. L. No. 116-136, 134 Stat. 281 (Mar. 27, 2020), to provide
economic relief to small businesses nationwide adversely impacted under the Coronavirus
Disease 2019 Emergency  Declaration issued by President Trump on March 13, 2020, 85 Fed.
Reg. 15337. Section 311 of the Economic Aid Act, according to SBA, adds a second temporary
program to SBA's 7(a) Loan Program titled, Paycheck Protection Program Second Draw
Loans. The rule, according to SBA, implements the key provisions of section 311 of the
Economic  Aid Act and requests public comment.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived,
however, if the agency finds for good cause that delay is impracticable, unnecessary, or
contrary to the public interest, and the agency incorporates a statement of the findings and its
reasons in the rule issued. 5 U.S.C. § 808(2). For this interim final rule, SBA stated that it

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