The U.S. Treasury Department released new guidance Thursday ahead of the next round of funding for a government coronavirus relief program to help small businesses that emphasizes companies must certify the request is necessary, in an effort to limit large firms with other funding options from applying.

Treasury Secretary Steven Mnuchin has said the fund is intended for small businesses, and the guidance emphasizes that companies must assess their economic need for a loan under the Paycheck Protection Program, or PPP, and “certify in good faith that their PPP loan request is necessary.” Companies that want to return money they’ve already accepted can do so by May 7 without penalty, the guidance said.

The new guidance was issued after small businesses complained that large, publicly traded companies and big chains such as Shake Shack were getting loans while they were shut out in the initial $349 billion in funding for loans. That funding ran out in just 13 days.

“It is unlikely that a public company with substantial market value and access to capital markets will be able to make the required certification in good faith, and such a company should be prepared to demonstrate to SBA, upon request, the basis for its certification,” the guidance says, referring to the Small Business Administration, which administers the program.

Lenders may rely on a borrower’s certification, and borrowers that previously applied for a PPP loan and repay it in full by May 7 “will be deemed by SBA to have made the required certification in good faith,” according to the guidance.

Restaurant chains Shake Shack and Sweetgreen Inc. returned their PPP loans. Mnuchin has encouraged other companies that “may have not been clear in understanding the certification” to do the same, and he’s also said companies that took funding and didn’t really need it could be “subject to investigation.”

Republican Sen. Marco Rubio of Florida tweeted on Monday that “any company that doesn’t need a PPP loan but got one made a false representation.” He also announced that the Senate Committee on Small Business and Entrepreneurship that he leads will conduct “aggressive oversight” of the program this fall, including subpoena power to determine whether companies made false certifications to obtain loans.

The PPP offers loans of as much as $10 million that convert to grants if proceeds are used to keep workers on the payroll and cover rent and other approved expenses for about two months, a stopgap designed to help businesses get by until the economy reopens. The $349 billion allocated from the $2.2 trillion relief package enacted last month for the PPP program ran out on April 16 after just 13 days.

Dallas hotel executive Monty Bennett, who is also a major donor to President Trump, has emerged as the biggest winner from the coronavirus bailout for small businesses. A combined total of $59 million from the small business lending package went to three lodging companies chaired by Bennett, according to regulatory filings.

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