During SBAâs 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 SBAâs ability to evaluate the eligibility of Borrowers with affiliates, as defined in SBAâs regulations at 13 CFR 121.301(f). The purpose of this Affiliation Worksheet is to collect information from a borrower that answered âYESâ 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 borrowerâs certification on its PPP Loan Application that it was eligible to receive a PPP loan under the SBAâs 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 SBAâs 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.