US Code

Public Law 119-73 (01/23/2026)

15 U.S.C. § 9009

Emergency EIDL grants

(a)

Definitions

In this section—
(1)
the term “covered period” means the period beginning on and ending on ; and
(2)
the term “eligible entity” means—
(A)
a business with not more than 500 employees;
(B)
any individual who operates under a sole proprietorship, with or without employees, or as an independent contractor;
(C)
a cooperative with not more than 500 employees;
(D)
section 632 of this title an ESOP (as defined in ) with not more than 500 employees;
(E)
section 657a(b)(2)(C) of this title a tribal small business concern, as described in , with not more than 500 employees; or
(F)
section 647(b) of this title1
1 So in original. Probably should be followed by a closing parenthesis.
an agricultural enterprise (as defined in   with not more than 500 employees.
(b)

Eligible entities

section 636(b)(2) of this titleDuring the covered period, in addition to small business concerns, private nonprofit organizations, and small agricultural cooperatives, an eligible entity shall be eligible for a loan made under .

(c)

Terms; credit elsewhere

section 636(b)(2) of this titleWith respect to a loan made under in response to COVID–19 during the covered period, the Administrator shall waive—
(1)
2
2 So in original. Probably should be followed by “to”.
any rules related  the personal guarantee on advances and loans of not more than $200,000 during the covered period for all applicants;
(2)
the requirement that an applicant needs to be in business for the 1-year period before the disaster, except that no waiver may be made for a business that was not in operation on ; and
(3)
section 636(b)(2) of this title3
3 See Codification note below.
the requirement in the flush matter following subparagraph (E) of , as so redesignated by subsection (f) of this section, that an applicant be unable to obtain credit elsewhere.
(d)

Approval and ability to repay for small dollar loans

section 636(b)(2) of this titleWith respect to a loan made under in response to COVID–19 during the covered period, the Administrator may—
(1)
approve an applicant—
(A)
based solely on the credit score of the applicant; or
(B)
by using alternative appropriate methods to determine an applicant’s ability to repay; and
(2)
use information from the Department of the Treasury to confirm that—
(A)
an applicant is eligible to receive such a loan; or
(B)
the information contained in an application for such a loan is accurate.
(e)

Emergency grant

(1)

In general

(A)

Advances

section 636(b)(2) of this titleDuring the covered period, an entity included for eligibility in subsection (b), including small business concerns, private nonprofit organizations, and small agricultural cooperatives, that applies for a loan under in response to COVID–19 may request that the Administrator provide an advance that is, subject to paragraph (3), in the amount requested by such applicant to such applicant.

(B)

Timing

With respect to each request submitted to the Administrator under subparagraph (A), the Administrator shall, not later than 21 days after the date on which the Administrator receives the request—
(i)
section 636(b)(2) of this title verify whether the entity is an entity that is eligible for a loan made under during the covered period, as described in subsection (b);
(ii)
if the Administrator, under clause (i), verifies that the entity submitting the request is an entity that is eligible, as described in that clause, provide the advance requested by the entity; and
(iii)
with respect to an entity that the Administrator determines is not entitled to receive an advance under this subsection, provide the entity with a notification explaining why the Administrator reached that determination.
(2)

Verification

section 1746 of title 28Before disbursing amounts under this subsection, the Administrator shall verify that the applicant is an eligible entity by accepting a self-certification from the applicant under penalty of perjury pursuant to .

(3)

Amount

The amount of an advance provided under this subsection shall be not more than $10,000.

(4)

Use of funds

section 636(b)(2) of this titleAn advance provided under this subsection may be used to address any allowable purpose for a loan made under , including—
(A)
providing paid sick leave to employees unable to work due to the direct effect of the COVID–19;
(B)
maintaining payroll to retain employees during business disruptions or substantial slowdowns;
(C)
meeting increased costs to obtain materials unavailable from the applicant’s original source due to interrupted supply chains;
(D)
making rent or mortgage payments; and
(E)
repaying obligations that cannot be met due to revenue losses.
(5)

Repayment

section 636(b)(2) of this titleAn applicant shall not be required to repay any amounts of an advance provided under this subsection, even if subsequently denied a loan under .

(6)

Pub. L. 116–260, div. N, title III, § 333(c)134 Stat. 2046 Repealed. , ,

(7)

Authorization of appropriations

There is authorized to be appropriated to the Administration $40,000,000,000 to carry out this subsection.

(8)

Termination

The authority to carry out grants under this subsection shall terminate on .

(9)

Statute of limitations

Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a borrower engaged in fraud with respect to the use of an advance received under this subsection shall be filed not later than 10 years after the offense was committed.

Pub. L. 116–136, div. A, title I, § 1110134 Stat. 306Pub. L. 116–139, div. A, § 101(b)134 Stat. 620Pub. L. 116–260, div. N, title III134 Stat. 2045Pub. L. 117–165, § 2(b)136 Stat. 1363(, , ; , (c), , , 621; , §§ 332, 333(c), , , 2046; , , .)

Editorial Notes

Codification

section 1110 of Pub. L. 116–136section 1110 of Pub. L. 116–136section 636 of this titleSection is comprised of . Subsec. (f) of amended .

Amendments

Pub. L. 117–1652022—Subsec. (e)(9). added par. (9).

Pub. L. 116–260, § 332(1)2020—Subsec. (a)(1). , substituted “” for “”.

Pub. L. 116–139, § 101(c)Subsec. (a)(2)(F). , added subpar. (F).

Pub. L. 116–260, § 332(2)Subsec. (d)(1), (2). , added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) approve an applicant based solely on the credit score of the applicant and shall not require an applicant to submit a tax return or a tax return transcript for such approval; or

“(2) use alternative appropriate methods to determine an applicant’s ability to repay.”

Pub. L. 116–260, § 332(3)(A)Subsec. (e)(1). , designated existing provisions as subpar. (A), inserted heading, struck out “within 3 days after the Administrator receives an application from such applicant” after “to such applicant”, and added subpar. (B).

Pub. L. 116–260, § 333(c)section 636(a) of this titlesection 636(a) of this titleSubsec. (e)(6). , struck out par. (6). Text read as follows: “If an applicant that receives an advance under this subsection transfers into, or is approved for, the loan program under , the advance amount shall be reduced from the loan forgiveness amount for a loan for payroll costs made under such .”

Pub. L. 116–260, § 332(3)(B)Subsec. (e)(7). , substituted “$40,000,000,000” for “$20,000,000,000”.

Pub. L. 116–139, § 101(b), substituted “$20,000,000,000” for “$10,000,000,000”.

Pub. L. 116–260, § 332(3)(C)Subsec. (e)(8). , substituted “” for “”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–260, div. N, title III, § 333(d)134 Stat. 2046

Public Law 116–136134 Stat. 281“The amendment made by subsection (c) [amending this section] shall be effective as if included in the CARES Act (; ).”
, , , provided that:

Pub. L. 116–260section 348 of Pub. L. 116–260section 636 of this titleExcept as otherwise provided, amendment by effective on , and applicable to loans and grants made on or after , see , set out as a note under .

Targeted EIDL Advance

Pub. L. 117–2, title V, § 5002135 Stat. 85

“(a)

Definitions .—

In this section—
“(1)
the term ‘Administrator’ means the Administrator of the Small Business Administration; and
“(2)
Public Law 116–26015 U.S.C. 9009b(a) the terms ‘covered entity’ and ‘economic loss’ have the meanings given the terms in section 331(a) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of ) [].
“(b)

Appropriations .—

In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $15,000,000,000—
“(1)
to remain available until expended; and
“(2)
of which, the Administrator shall use—
“(A)
Public Law 116–26015 U.S.C. 9009b $10,000,000,000 to make payments to covered entities that have not received the full amounts to which the covered entities are entitled under section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of ) []; and
“(B)
15 U.S.C. 9009(e) $5,000,000,000 to make payments under section 1110(e) of the CARES Act (), each of which shall be—
“(i)
made to a covered entity that—
     “(I)
has suffered an economic loss of greater than 50 percent; and
     “(II)
employs not more than 10 employees;
“(ii)
in an amount that is $5,000; and
“(iii)
15 U.S.C. 9009(e)Public Law 116–260 with respect to the covered entity to which the payment is made, in addition to any payment made to the covered entity under section 1110(e) of the CARES Act () or section 331 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of ).”
, , , provided that:

Clarification of Tax Treatment of Certain Loan Forgiveness and Other Business Financial Assistance

section 278 of div. N of Pub. L. 116–260section 9008 of this titleAdvance described in subsec. (e) of this section not included in gross income of recipient, see , set out as a note under .

Repeal of EIDL Advance Deduction

Pub. L. 116–260, div. N, title III, § 333(a)134 Stat. 2046

“(a)

Definitions .—

In this section [amending this section and enacting provisions set out as notes under this section]—
“(1)
15 U.S.C. 9009(e) the term ‘covered entity’ means an entity that receives an advance under section 1110(e) of the CARES Act (), including an entity that received such an advance before the date of enactment of this Act []; and
“(2)
15 U.S.C. 9009(a)(1)Pub. L. 116–260 the term ‘covered period’ has the meaning given the term in section 1110(a)(1) of the CARES Act (), as amended by section 332 of this Act [div. N of ].
“(e)

Rulemaking.—

“(1)

In general .—

15 U.S.C. 9009(e)(6)Not later than 15 days after the date of enactment of this Act [], the Administrator [of the Small Business Administration] shall issue rules that ensure the equal treatment of all covered entities with respect to the amendment made by subsection (c) [amending this section], which shall include consideration of covered entities that, before the date of enactment of this Act, completed the loan forgiveness process described in section 1110(e)(6) of the CARES Act (), as in effect before that date of enactment.
“(2)

Notice and comment .—

section 553 of title 5 The notice and comment requirements under , United States Code, shall not apply with respect to the rules issued under paragraph (1).”
, (e), , , 2047, provided that: