The COVID Project
The record
- Jurisdiction
- United States; Small Business Administration with the Department of the Treasury (federal)
- Level
- Federal
- Authority
- CARES Act § 1114 (emergency rulemaking authority); 15 U.S.C. § 636(a)(36)
- Issued
- 2020-04-02 Apr. 2, 2020
- Effective
- 2020-04-15 (applies to applications from April 3, 2020) (read as 2020-04-15)
- End
- PPP lending through June 30, 2020 (later extended by Congress to Aug. 8, 2020 and reopened Jan. 2021) (read as 2020-09-30)
- In force
- Apr. 15, 2020 to Sept. 30, 2020
- Quarters
- 2020 Q22020 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationOther
- Addressees
- small businesses, nonprofits, independent contractors and self-employed individuals
- SBA 7(a) lenders and federally insured depository institutions and credit unions
- Functions reached
- BL business lending (PPP origination through banks and credit unions)
- CC contact centers
- OP
- CB small-business borrowers whose operations the orders closed
- Collection
- Federal financial regulators AGY-FED-FINANCIAL
Operative words
Section 1102 of the Act temporarily [permits SBA to guarantee 100 percent of 7(a) loans under the Paycheck Protection Program]... On March 13, 2020, President Trump [declared the ongoing COVID-19 pandemic of] sufficient severity and magnitude to warrant an emergency declaration for all [States, territories and the District of Columbia].... [Businesses are closing or reducing] economic activity as the public avoids [restaurants, theaters and] gyms.... [Loans are available] under the PPP through June 30, 2020.... [The borrower must certify that 'current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.']
Enforcement
15 U.S.C. § 636(a)(36); 13 C.F.R. part 120; 18 U.S.C. §§ 1001, 1014 (false certifications)
Notes
Context: the SBA's own recital that 'economic activity' fell as 'the public avoids' venues named in the closure orders; the PPP was the federal lending response to the orders and it ran through the lending functions of every bank and credit union
Retrieval noteFederal Register PDF read; bracketed words reconstruct column-garbled text and the certification language is quoted from the rule's borrower-certification paragraph.