Section 7(a) of the Small Business Act
(15 U.S.C. 636) authorizes the Small Business Administration to
guarantee loans made by banks or other financial institutions to
qualified small businesses in the 7(a) Loan Program. The
regulations covering this loan program at 13 CFR Part 120 require
loan applicants and lenders to provide certain information that is
used to determine program eligibility and compliance. CARES Act PL
116-136 will also cover this program.
As a result of the
drastic decrease in economic activity created by 2019-COVID
nationwide, countless small businesses are unable to meet their
financial obligations, including payment of employee compensation,
mortgage, rent, or utilities. Immediate implementation of the
Paycheck Protection Program, including availability of the
application forms, is necessary to help these business avoid laying
off employees or going out of business. SBA has created two forms
to collect the information required to process loan applications
under this new guaranteed loan program. Information collected from
qualified small businesses applicants will help determine their
eligibility for a loan, while information collected from the
delegated lenders will be used to determine their compliance with
SBA's Loan Program Requirements. Given the short time frame SBA is
unable to consult with the public prior to issuing the forms,
however the SBA has experience designing other similar forms in a
way that is clear and minimizes burden. SBA requests approval of
the submission by April 1, 2020. Given the inability to seek public
comment during such a short time frame, SBA requests a waiver from
the requirement to publish 60-day and 30-day notices in the Federal
Register seeking public comment during the period of 0MB
review.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.