During SBA’s review of loans made
under the Paycheck Protection Program, SBA will collect information
from those Borrowers that have known Affiliates or believed to have
Affiliates as defined in 13 CFR 121.301(f). SBA will use the
information to review the borrowers' eligibility certifications and
compliance with SBA's size and affiliation requirements.
June 24, 2021 Susan
Minson SBA Desk Officer Office of Management and Budget Dear Ms.
Minson: Pursuant to the Office of Management and Budget (OMB)
procedures established at 5 CFR 1320, SBA requests that OMB review
of revisions to the collection of information titled, Paycheck
Protection Program Affiliation Worksheet, OMB Control No.
3245-0416, be processed in accordance with section 1320.13,
Emergency Processing. These revisions are necessary to incorporate
statutory amendments made by the Economic Aid Act and the American
Rescue Plan Act and include adding two additional affiliation
waivers to the table in Part B, Section I for eligible news
organizations and internet-only publishing organizations and adding
a note to that section stating that the same affiliation waivers
apply to First Draw and Second Draw PPP loans. SBA also added
language to Section II stating that only the employee-based size
standard is applicable to Second Draw PPP loans, and added a note
setting forth the applicable size standards for Second Draw PPP
Loans. SBA revised the note explaining the size standards
applicable to First Draw PPP loans. SBA added language to notes 9
through 12, which explain the bases of affiliation, to provide
guidance to assist nonprofit organizations in applying the
affiliation rules. SBA has determined that the revisions are
necessary prior to the expiration of time periods established under
Part 1320 to complete the OMB review process. SBA is in the process
of conducting loan reviews; this updated information is essential
to the SBA’s ability to evaluate the eligibility of Borrowers with
affiliates, as defined in SBA’s regulations at 13 CFR 121.301(f).
The purpose of this Affiliation Worksheet is to collect information
from a borrower that answered “YES” to Question 3 on its Paycheck
Protection Program (PPP) Loan Application or a borrower for which
information available to the Small Business Administration (SBA)
indicates that the borrower may have affiliates. SBA requires this
additional information regarding the size of the borrower and its
affiliates to evaluate the borrower’s certification on its PPP Loan
Application that it was eligible to receive a PPP loan under the
SBA’s rules in effect at the time the application was submitted. In
light of the ongoing need to conduct loan reviews of PPP loans,
approval of this revised information collection without having to
go through the standard Paperwork Reduction Act review procedures
will help to ensure that Borrowers have the updated guidance to
assist them in applying the affiliation rules. The new information
will also enhance the integrity of the PPP and improve SBA’s
oversight and monitoring responsibilities. Sincerely, Jihoon Kim
Director, Office of Financial Program Operations
The total burden hours have
increased. This is because SBA received additional program
authority to make new PPP loans after the information collection
was approved in December 2020 and SBA has guaranteed approximately
6 million additional PPP loans since that date.
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.