II 

117TH CONGRESS 

1ST SESSION S. 3349 

To require the Administrator of the Small Business Administration to provide 

applicants for certain loans and grants with updates with respect to 

those applications, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 9, 2021 

Mr. RISCH (for himself, Mr. HICKENLOOPER, Ms. CORTEZ MASTO, Mr. MARSHALL, and Mr. KENNEDY) introduced the following bill; which was read 

twice and referred to the Committee on Small Business and Entrepreneurship 

A BILL 

To require the Administrator of the Small Business Administration to provide applicants for certain loans and grants 

with updates with respect to those applications, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Streamlining EIDL 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act— 


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1 (1) the term ‘‘Administration’’ means the Small 

2 Business Administration; 

3 (2) the term ‘‘Administrator’’ means the Ad4 ministrator of the Administration; 

5 (3) the terms ‘‘compliance’’ and ‘‘improper pay6 ment’’ have the meanings given the terms in section 

7 3351 of title 31, United States Code; 

8 (4) the term ‘‘covered application’’— 

9 (A) means an application that is— 

10 (i) for any assistance provided under 

11 section 7(b)(2) of the Small Business Act 

12 (15 U.S.C. 636(b)(2)), including any loan 

13 or grant made under section 1110 of the 

14 CARES Act (15 U.S.C. 9009); and 

15 (ii) submitted to the Administrator on 

16 or after the date of enactment of this Act; 

17 and 

18 (B) includes an application that is— 

19 (i) for an increase with respect to as20 sistance that is— 

21 (I) described in subparagraph 

22 (A)(i); and 

23 (II) provided to the applicant be24 fore the date of enactment of this Act; 

25 and 


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1 (ii) submitted to the Administrator on 

2 or after the date of enactment of this Act; 

3 and 

4 (5) the term ‘‘covered assistance’’ means a loan 

5 or grant made under section 7(b)(2) of the Small 

6 Business Act (15 U.S.C. 636(b)(2)), including under 

7 section 1110 of the CARES Act (15 U.S.C. 9009), 

8 related to COVID–19. 

9 SEC. 3. EIDL LOANS. 

10 (a) REQUIREMENTS.—The Administrator shall— 

11 (1) not later than 7 days after the date on 

12 which the Administrator receives a covered applica13 tion, provide the applicant with— 

14 (A) notice that the Administrator has re15 ceived the application; and 

16 (B) information regarding an office or offi17 cial of the Administration that the applicant 

18 may contact in the event that the applicant has 

19 questions regarding the application; 

20 (2) not later than 21 days after the date on 

21 which the Administrator receives a covered applica22 tion, provide the applicant with— 

23 (A) a written report detailing the status of 

24 the application and any requirements for comVerDate Sep 11 2014 23:49 Dec 14, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3349.IS S3349

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1 pletion of the application, including any exter2 nal or internal delays; and 

3 (B) an explanation regarding the appeals 

4 process with respect to a covered application 

5 that the Administrator disapproves; and 

6 (3) not later than 45 days after the date on 

7 which the Administrator receives a completed cov8 ered application that is in accordance with all appli9 cable requirements, including such requirements as 

10 the Administrator may prescribe by regulation— 

11 (A) review the application in its entirety; 

12 and 

13 (B)(i) approve the application and make 

14 the loan (or the increase in the loan amount) 

15 that is the subject of the covered application if 

16 all applicable requirements with respect to the 

17 applicable loan are satisfied; or 

18 (ii) disapprove the application and notify 

19 the applicant in writing of the disapproval. 

20 (b) REVIEW AND REPORTING.—Not later than 90 

21 days after the date of enactment of this Act, the Adminis22 trator shall— 

23 (1) conduct a comprehensive review of the proc24 ess for submitting a covered application, which shall 


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1 focus on ways to ensure that applicants submitting 

2 covered applications— 

3 (A) are not asked to submit materials with 

4 respect to such an application more than once; 

5 (B) receive timely responses and updates 

6 from the Administrator with respect to those 

7 covered applications, including the information 

8 required under paragraphs (1) and (2) of sub9 section (a); and 

10 (C) receive the loans (or loan increases) 

11 sought in those covered applications in a man12 ner that complies with subsection (a)(3); and 

13 (2) submit to Congress a report regarding the 

14 review conducted under paragraph (1). 

15 SEC. 4. REPORTS. 

16 (a) REPORT ON IMPLEMENTATION OF INSPECTOR

17 GENERAL RECOMMENDATIONS.—Not later than 90 days 

18 after the date of enactment of this Act, the Administrator 

19 shall submit to Congress a report on the specific steps that 

20 the Administration has taken to meet the recommenda21 tions provided by the Inspector General of the Administra22 tion in the report issued on May 6, 2021, entitled ‘‘SBA’s 

23 Handling of Identity Theft in the COVID–19 Economic 

24 Injury Disaster Loan Program’’, which shall include a de25 scription of— 


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1 (1) the system that the Administration has de2 veloped to maintain and track all identity theft com3 plaints related to covered assistance; 

4 (2) how the Administration is providing guid5 ance, assistance, and status updates to complainants 

6 that allege their identity has been stolen; 

7 (3) how the Administration is restoring identity 

8 theft victims to their condition prior to fraud, in9 cluding details on how the Administration will file 

10 collateral releases and specify if the Administration 

11 or the complainant is paying for costs to file Uni12 form Commercial Code lien release documents; 

13 (4) the process of the Administration for re14 moving fraudulent covered assistance, and related 

15 Uniform Commercial Code filing fees, from the fi16 nancial records of the Administration, including 

17 how— 

18 (A) the system described in paragraph 

19 (1)— 

20 (i) will charge off and remove partially 

21 or fully disbursed covered assistance from 

22 the financial records; and 

23 (ii) addresses charge off or removal of 

24 related Uniform Commercial Code filing 

25 fees; and 


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1 (B) the Administration is differentiating 

2 between— 

3 (i) routine defaults in covered assist4 ance that— 

5 (I) have been or will be charged 

6 off; and 

7 (II) are required to be submitted 

8 to the Department of the Treasury for 

9 collection; and 

10 (ii) identity theft-related covered as11 sistance that the Administration is re12 quired to charge off without being sent to 

13 the Department of the Treasury for collec14 tion; 

15 (5) the process of the Administration for track16 ing the recovery of funds from fraudsters to offset 

17 the outstanding identity theft-related covered assist18 ance before any charge off action; and 

19 (6) actions the Administration has taken to re20 cover improper payments related to identity theft-re21 lated covered assistance and how the Administration 

22 is taking steps to be in compliance. 

23 (b) REGULAR REPORTS.—The Administrator shall 

24 submit to Congress— 


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1 (1) a monthly report that, in order to identify 

2 individual allegations of identity theft that have not 

3 been refiled, reconciles— 

4 (A) applications submitted during the pe5 riod beginning on March 1, 2020, and ending 

6 on January 31, 2021, for covered assistance 

7 based on identity theft allegations; and 

8 (B) applications based on refiled allega9 tions of identity theft relating to the covered as10 sistance described in subparagraph (A); and 

11 (2) not later than 180 days after the date on 

12 which the first report under paragraph (1) is sub13 mitted, a detailed plan on how the Administration 

14 will attempt, or has attempted, to contact the re15 maining individuals whose identity theft allegations 

16 have not been refiled. 

Æ 


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