Immediate Action to Rectify Unlawful Discrimination in CARES Act Grant Disbursement

Sign this petition to urge President Trump to issue an executive order ensuring that every small business that received at least $1000 under the CARES Act Economic Injury Disaster Loan (EIDL) Advance Grant is immediately provided an additional $5000 payment without the unlawful and discriminatory restrictions imposed under the so-called Targeted EIDL Advance program.

BE SURE TO SIGN OUR OTHER PETITION TO RECEIVE THE BALANCE OF THE $10k OWED TO US UNDER THE CARES ACT AT  https://chng.it/HjPT7gZGYR

Why This Matters

The CARES Act, passed in 2020, was meant to provide equitable relief to all struggling small businesses across America. One of its key provisions was the EIDL Advance Grant, which allowed businesses to receive up to $10000 in immediate relief. However, due to mismanagement and funding shortages, thousands of businesses received only a partial payment ranging from $1000 to $9000, despite the original promise of a full $10000 grant per business. That petition is at https://chng.it/HjPT7gZGYR

Later, in December 2020, Congress attempted to rectify this shortfall through the Targeted EIDL Advance Grant, which was meant to deliver additional relief to businesses that had not received their full $10000 grant. However, instead of fairly distributing funds, the government imposed illegal restrictions based on flawed poverty mapping and arbitrary geographic requirements. This excluded thousands of eligible businesses from receiving the additional funds they were entitled to while unfairly awarding an extra $5000 to some businesses but not others based purely on location rather than financial need.

This was an illegal and discriminatory act in violation of federal law, including:

The Equal Protection Clause of the 14th Amendment. Arbitrarily favoring some businesses based on location violates constitutional protections.

The Administrative Procedure Act, 5 U.S.C.§551-559, 701-706. The SBA’s reliance on flawed and inaccurate poverty maps was an arbitrary and capricious action, making the implementation unlawful.

Title VI of the Civil Rights Act of 1964, 42 U.S.C.§2000d. If the geographic restrictions disproportionately affected businesses owned by certain racial or ethnic groups, this could constitute unlawful discrimination.

The Fifth Amendment’s Due Process Clause. Denying small businesses access to federal funds based on incorrect and arbitrary mapping violated their right to fair and equal treatment.

What We Are Asking for: A Fair and Equitable Executive Order

We urge President Trump to immediately issue an executive order that does the following:

1. Directs the SBA to issue a supplemental $5000 payment to all businesses that received at least $1000 under the CARES Act EIDL Advance Grant, regardless of location.

2. Eliminates the unlawful restriction that businesses that already received the full $10000 under the CARES Act are ineligible for further relief.

3. Declares the Targeted EIDL Advance Act and its implementation as invalid due to its illegal and discriminatory basis, ensuring future aid programs do not repeat these injustices.

4. Orders the Department of Justice to investigate the SBA’s mismanagement of relief funds and hold those responsible accountable for improper implementation.

5. Ensures that all remaining COVID-19 relief funds are fairly distributed to the businesses that were left behind without geographic discrimination or bureaucratic red tape.

Why President Trump Should Act Now

President Trump championed small businesses throughout his presidency, leading the passage of historic tax cuts and deregulation that allowed small businesses to flourish. However, the unlawful restrictions imposed by government agencies undermined his original intent behind the CARES Act. By taking executive action, President Trump can correct this injustice and ensure that all small businesses receive the fair relief they were promised.

This is not about politics. It is about fairness, economic recovery, and standing up for small businesses that form the backbone of America.

Sign This Petition to Demand Action

Every signature helps send a message. America’ small businesses will not be ignored. We demand equal access to relief funds, and we call on President Trump to issue an executive order correcting this injustice immediately.

Time is running out. Many businesses that struggled through COVID-19 are still feeling the economic effects today. The time to act is now.

Sign and share this petition to make our voices heard.

BELOW IS A READY TO REVIEW AND SIGN EXECUTIVE ORDER FOR PRESIDENT TRUMP. Obviously, it may be altered by him, but advance preparation shows our thorough research into this.

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Executive Order

Ensuring Equal Access to COVID-19 Relief Funds and Remedying Unlawful Restrictions in the Targeted EIDL Advance Program

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Purpose

The CARES Act was signed into law to provide economic relief to small businesses affected by the COVID-19 pandemic. A key provision of this relief was the Economic Injury Disaster Loan (EIDL) Advance Grant, which provided up to $10,000 in immediate financial assistance. Due to funding limitations and administrative delays, many eligible businesses received only partial payments ranging from $1,000 to $9,000.

In December 2020, additional funding was allocated through the Targeted EIDL Advance Grant and Supplemental Targeted Advance programs to address these shortfalls. However, these programs imposed unlawful restrictions by requiring businesses to be located in designated low-income communities based on flawed poverty mapping. As a result, similarly situated businesses received unequal treatment, in direct violation of constitutional protections and federal law.

This order seeks to remedy those inequities by ensuring that all businesses that received at least $1,000 in CARES Act EIDL Advance funding are provided an additional $5,000, regardless of location. It further directs that these payments remain non-taxable and free from repayment requirements.

Section 2. Additional Grant Payments

(a) The Small Business Administration (SBA) shall issue a supplemental payment of $5,000 to all small businesses and sole proprietors who previously received at least $1,000 but less than $10,000 in EIDL Advance Grants under the CARES Act.

(b) Businesses that previously received the full $10,000 under the CARES Act shall also be eligible for the additional $5,000 payment, reversing the unlawful exclusion imposed by the Targeted EIDL Advance program.

(c) These payments shall be made automatically to eligible recipients without the need for additional applications or eligibility screenings, except for identity verification and fraud prevention.

Section 3. Invalidating Unlawful Restrictions

(a) The restrictions imposed under the Targeted EIDL Advance and Supplemental Targeted Advance programs, which conditioned relief on geographic location rather than financial need, are hereby declared unlawful and unenforceable.

(b) The SBA shall disregard previous eligibility requirements that unfairly excluded businesses based on their location, provided they were initially eligible under the CARES Act.

(c) All remaining federal COVID-19 relief funds shall be prioritized for businesses that were unjustly denied additional funding due to these restrictions.

Section 4. Tax-Free Status and Non-Repayment Provisions

(a) In accordance with Section 278 of the Consolidated Appropriations Act, 2021, and relevant IRS guidance, all payments issued under this order shall remain non-taxable at the federal level and shall not be considered taxable income.

(b) No business shall be required to repay any grant funds received under this order or any previous EIDL Advance programs.

Section 5. Oversight and Enforcement

(a) The Department of Justice shall conduct a review of the Small Business Administration’s implementation of the Targeted EIDL Advance program to determine whether constitutional violations occurred, including discrimination based on arbitrary geographic classifications.

(b) The SBA’s Office of Inspector General (OIG) shall investigate mismanagement, inconsistencies, and the impact of inaccurate poverty mapping in the original distribution of Targeted EIDL funds.

(c) The Secretary of the Treasury and the SBA Administrator shall provide a report within 60 days outlining the total amount of remaining unallocated COVID-19 relief funds, ensuring they are redirected to eligible small businesses in accordance with this order.

 

Section 6. General Provisions

(a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, officers, employees, or agents, or any other person.

Section 7. Effective Date

This order shall take effect immediately upon signing.

Signed,

Donald J. Trump

President of the United States