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The bill would require the Small Business Administration to report monthly, rather than only during disaster periods, on its disaster loan program, and would require notice to Congress and possible loan-collateral limits whenever available funding runs low.
It would also add new oversight, including a GAO report on SBA disaster loan disbursement patterns, an Inspector General review of a recent funding shortfall, and a requirement that the President's budget separately justify disaster loan funding requests.
What this bill would do
What it would do
The bill would require the SBA to report monthly (instead of only during a declared disaster's applicable period) on the disaster loan program, including projected dates when available funding falls to 10 percent of the latest appropriation and when it will be depleted. It would require the President's annual budget to include separate justifications for SBA disaster loan and COVID-19 Economic Injury Disaster Loan funding requests, including any gap from the 10-year average cost. For four years, it would require the SBA to notify Congress when unobligated disaster loan funds drop below 10 percent of the 10-year average annual cost, after which the agency could limit new loans to collateralized amounts, with disbursement resuming within 14 days once more funds are appropriated. The bill would also require a GAO report on SBA disaster loan disbursement rates and borrower amounts, a GAO report on the cost effects of two 2023-2024 SBA rule changes to loan terms, an SBA Inspector General review of a 2024 disaster loan funding shortfall, and SBA reports on improving its cost forecasting. It does not create new loan programs or change loan eligibility itself.
Key provisions
- 1Would require the SBA to report monthly on disaster loan program operations, including projected fund depletion dates, rather than only during a major disaster's applicable period
- 2Would require the President's budget to include separate statements justifying SBA disaster loan and COVID-EIDL funding requests compared to 10-year average costs
- 3Would require congressional notification when unobligated disaster loan funds fall below 10 percent of the 10-year average cost, and would allow the SBA to limit loans to collateralized amounts during shortfalls, for four years
- 4Would require a GAO report on the average rate and amounts of SBA disaster loan disbursements to borrowers
- 5Would require a GAO report on the cost impact of two 2023-2024 SBA final rules changing disaster loan terms
- 6Would require an SBA Inspector General review of the circumstances behind a 2024 disaster loan funding shortfall
- 7Would require SBA reports on corrections to improve forecasting and budget assumptions for disaster loan costs
Who would be affected
The Small Business Administration and its Administrator, the Office of Inspector General, the Government Accountability Office, and congressional committees on small business and appropriations. Small businesses and homeowners who rely on SBA disaster loans could be affected indirectly if low funding triggers collateral-only lending limits.
Why it matters
Disaster loan applicants could face stricter collateral requirements if the SBA's funding runs low, since the bill lets the agency limit loans to collateralized amounts during shortfalls. Congress would gain earlier warning and more detailed reporting about disaster loan funding levels, aimed at preventing the kind of shortfall the SBA experienced in 2024.
What would change
Changes to existing law
Amends Small Business Disaster Response and Loan Improvements Act of 2008 (15 U.S.C. 636k(a)) (Sec. 4)
Requires monthly (not just disaster-period) reporting and adds a required summary of changes to obligation/expenditure estimates
Amends 31 U.S.C. § 1105 (Sec. 5)
Adds required separate budget statements justifying SBA disaster loan and COVID-EIDL appropriations requests against 10-year average costs
Amends Small Business Act, 15 U.S.C. § 636(b) (Sec. 6)
Adds a requirement to notify Congress and allows limiting loans to collateralized amounts when funding falls below a threshold, sunsetting after four years
Agencies directed to act
Effective dates
- SBA notification/collateral-limit authority for low disaster loan funding
- GAO report on SBA disaster loan account disbursement rates
- GAO report on disaster loan rule changes
- SBA Inspector General report on funding shortfall review
- SBA report detailing forecasting and budget corrections
- SBA updates on implementing forecasting corrections
Funding and costs
How implementation would work
The SBA would file monthly disaster-loan reports and, for four years, monitor unobligated balances against a 10-year average cost benchmark set in the President's budget; crossing the 10 percent threshold triggers a 24-hour notification to four congressional committees and allows the agency to restrict lending to collateralized loans until more funds are appropriated, with a 14-day catch-up disbursement requirement afterward. GAO and the SBA Inspector General would separately investigate loan disbursement patterns, past rule changes, and the 2024 funding shortfall, reporting to Congress within 180 days to one year of enactment. The SBA would also report within 30 days on forecasting corrections and file updates every 90 days until implemented.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 22.
Official CRS summary
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This bill modifies the Small Business Administration (SBA) disaster loan program and requires external review of, and reporting on, the program.
First, the bill requires the SBA to report monthly on the operation of the disaster loan program. (Currently, the SBA must report only during the applicable period for a major disaster.) The report must estimate the date on which available funding for such loans will reach 10% of the most recent appropriation and the date on which the funds will be depleted.
Second, the President's annual budget must include separate statements regarding the appropriations request for SBA disaster loans and COVID-19 Economic Injury Disaster Loans (EIDL), including explanations for any difference between the amount requested and the 10-year average cost for such loans.
Third, for a period of four years, the SBA must notify Congress when the unobligated balance of amounts available for disaster loans is less than 10% of the 10-year average annual cost provided in the most recent Presidential budget. At such point, the SBA may limit disaster loans to collateralized amounts.
Finally, the bill requires additional oversight of the disaster loan program, including
- a Government Accountability Office report on the disbursement of disaster loans and the effect of specified SBA rules on home lending limits,
- an SBA Office of Inspector General review of recent funding shortfalls for disaster loans, and
- an SBA report on improvements for forecasting the cost of disaster loans.
Legislative subjects
Commerce; Congressional oversight; Disaster relief and insurance; Government information and archives; Government lending and loan guarantees; Government studies and investigations; Small business