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"Cardin & Van Hollen Urge SBA to Process Pending EIDL Applications Using Available Funds"

Summary

A letter dated May 6, 2022 from Senators Cardin, Chairman of the Senate Committee on Small Business and Entrepreneurship, and Van Hollen, Chairman of the Senate Appropriations Subcommittee on Financial Services and General Government, to SBA Administrator Isabella Casillas Guzman. The senators express disappointment in the SBA's decision to close the COVID EIDL program ahead of the deadline it had announced to borrowers. They write that, by the agency's own admission, funding remains available for transfer under section 90006(b)(2)(A) of the Infrastructure Investment and Jobs Act, and that if it does, the SBA should use it so pending applications for modifications, rehearings and appeals can be processed. The letter notes that a $320 million transfer authority request has not been approved by Congress and that the SBA transferred $500 million to its administrative account.

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Wnited States Senate

WASHINGTON, DC 20510

May 6, 2022

The Honorable Isabella Casillas Guzman
Administrator

United States Small Business Administration
409 3" Street, SW

Washington, DC 20416

Dear Administrator Guzman:

We are writing to express disappointment in the Small Business Administration’s (SBA)
decision to close down the COVID EIDL program ahead of the May 6" deadline that it
announced to borrowers last week. This decision is particularly confounding when, by the
agency’s own admission, additional funding remains available for transfer to the EIDL program
under the authority of section 90006(b)(2)(A) of the Infrastructure Investment and Jobs Act
(IIJA). By prematurely shutting down the program, the agency appears to have prioritized its
own administrative needs over those of the thousands of borrowers that await decisions on their
applications. Furthermore, it has done so in a way that has needlessly confused borrowers and
raised expectations.

Over the past week, SBA sent notifications encouraging existing borrowers to apply before the
program closed on May 6". By announcing that the program was out of funds on May 5", prior
to the application deadline, the SBA has misled thousands of struggling small businesses into
believing that funding for EIDL loans would be available.

Furthermore, if funding does indeed remain available that could be transferred under the
authority of the IIJA to serve borrowers in the EIDL loan program, SBA should exercise that
authority immediately so that pending applications for modifications, rehearings and appeals can
be processed and funded.

The administration’s request in the President’s Budget for $320 million in transfer authority from
the EIDL Targeted Advance program has not been approved by Congress, and it is not within the
administration’s authority to prejudge Congress’s intent by setting aside funding for program
administration when eligible small businesses have yet to be served. Considering that SBA
transferred $500 million to its administrative account less than two months ago under separate
authority in section 90006(b)(2)(B) of the IIJA, the decision to refuse to tap funding that could
be used to keep the EIDL program operational is that much harder to comprehend.

We expect your agency to take swift action to make all available funding accessible to eligible
applicants immediately and look forward to your prompt response.

Sincerely,

Genjamin L. Cardin
Chairman

Senate Committee on Small Business
and Entrepreneurship

hris Van Hollen
Chairman
Senate Appropriations Subcommittee
on Financial Services and General
Government

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