Mr. Speaker, I rise to express my opposition to S.J. Res. 32. [the Provision on Congressional Disapproval of The Rule Submitted By The Bureau Of Consumer Financial Protection Relating To ``Small…
Mr. Speaker, I rise to express my opposition to S.J. Res. 32. [the Provision on Congressional Disapproval of The Rule Submitted By The Bureau Of Consumer Financial Protection Relating To ``Small Business Lending Under The Equal Credit Opportunity Act.
Mr. Speaker, the beginning of so many great American stories is built around starting a small business in your family name, becoming a foundation in your local community--making it in America.
Small businesses are major drivers of wealth creation in our overall economy. They account for two-thirds of net new jobs and nearly half of our U.S. economic activity.
For many of them, that dream stalls with going to a bank and getting a small business loan. For many Americans, the sound of their name, the color of their skin, the language that they speak or who they love can doom that dream if a bank says that they are at risk.
This isn't hypothetical. I, too, was born and raised in south Texas, I can tell you that when I go home and I see some businesses that have closed, I ask my family whether it was due to the pandemic, or no demand for the
cost of services that they had. I am told that they just had trouble with finances, and they couldn't get a loan.
In some small rural areas, like where I grew up, there aren't credit unions everywhere like there are in the city of Houston where I live now.
Even in the city of Houston, many small businesses during the pandemic couldn't secure a PPP loan in round one. We [as Congress] had to go in and do a carve-out to literally force the banks to provide loans to small businesses.
I am glad that one of my colleagues was openhearted and gave people a lot of loans. I just hope that that included loans to minority small businesses.
Mr. Speaker, this is real. It is not hypothetical. We know that minority-owned small businesses were less likely to receive a loan during the pandemic compared to White firms. Regrettably, Mr. Speaker, racism and discrimination flourish in the darkness. We need to shine a light and allow the Consumer Financial Protection Bureau to make lending more transparent.
Mr. Speaker, a transparent market will be a competitive market.
With transparency in lending, banks are driven to compete and offer better terms.
With this resolution, extreme MAGA Republicans are protecting the secret discriminatory practices of big banks and lenders. Repealing this rule would harm all those who stand to benefit from much-needed transparency.
Make no mistake, extreme MAGA Republicans continue to put the interests of the big bank CEOs and corporate lobbyists ahead of their constituents. It is they who, time and time again, put profits over people. House Democrats will continue protecting everyday consumers and small business owners, while holding corporations accountable.
We will always put people over corporate profits. We will always put light over darkness.
For additional information on an April 19, 2022 Report from the Consumer Financial Protection Bureau titled ``Data Spotlight: Challenges in Rural Banking Access.'' Please see (https:// files.consumerfinance.gov/f/documents/cfpb data-spotlight challenges- in-rural-banking 2022-04.pdf).
I include in the Record an April 4, 2021 New York Times article by Stacy Cowley titled ``Minority Entrepreneurs Struggled to Get Small- Business Relief Loans.'' (https://www.nytimes.com/2021/04/04/business/ ppp-loans-minority-businesses.html).
Mr. Speaker, I urge my colleagues to vote against this resolution.
[From the New York Times, April 4, 2021]
Minority Entrepreneurs Struggled To Get Small-Business Relief Loans
(By Stacy Cowley)
A year after the Paycheck Protection Program started,
studies show how its design hurt Black- and other minority-
owned businesses.
Southern Bancorp is a lender serving the Arkansas and
Mississippi Delta, where poverty rates are among the highest
in America and decades of redlining shaped neighborhoods with
little generational wealth.
When the Paycheck Protection Program for small businesses
started last April, so many of Southern Bancorp's customers
didn't qualify for the relief money that the Arkansas bank's
chief executive, Darrin Williams, turned to donors to raise
money for $1,000 grants so it wouldn't have to turn
applicants away empty-handed.
The bank made 128 such grants, giving more than 100 of them
to businesses run by women or minority owners. One let a nail
salon owner buy plexiglass so she could reopen. Another
allowed a small cafe to buy safety gear for its staff. A day
care used the money for the new sanitizing equipment it
needed.
``So many companies will never come back, and
disproportionately more of those that will be lost are Black
and brown businesses,'' Mr. Williams said.
Congress created the Paycheck Protection Program in March
2020 as an emergency stopgap for what lawmakers expected to
be a few months of sharp economic disruption. But as the
pandemic raged on, the program--which made its first loans
one year ago this past week--has turned into the largest
small-business support program in American history, sending
$734 billion in forgivable loans to struggling companies.
The program helped nearly seven million businesses retain
workers. But it has also been plagued by complex, changing
rules at every stage of its existence. And one year in, it
has become clear that the program's hasty rollout and design
hurt some of the most vulnerable businesses.
A New York Times analysis of data from several sources--
including the Small Business Administration, which is
managing the loan program--and interviews with dozens of
small businesses and bankers show that Black- and other
minority-owned businesses were disproportionately underserved
by the relief effort, often because they lacked the
connections to get access to the aid or were rejected because
of the program's rules.
Rollout was speedy
After Congress created the program in last year's CARES
Act, President Donald J. Trump's administration--especially
his Treasury secretary, Steven Mnuchin--put a priority on
getting money to needy businesses fast. Just seven days after
the law was signed, the earliest applicants received their
checks.
But the haste meant the rules were mostly written on the
fly. Reaching harder-to-serve businesses was an afterthought.
Lenders and advocacy groups warned that the relief effort had
structural challenges that were likely to inadvertently but
disproportionately harm women and minority business owners.
Reaching the most vulnerable businesses required
determination, they said, and the program gave lenders no
incentives to put in that effort.
The government relied on banks to make the loans, creating
an obstacle for borrowers who didn't have established banking
relationships. Some banks favored their larger and wealthier
clients, which pushed ordinary customers to the back of the
queue. ``Mystery shopper'' studies found that Black
applicants were consistently treated worse than white
counterparts.
The program also largely locked out sole proprietors and
independent contractors--two of the most popular structures
for minority-owned businesses. Those companies weren't
eligible to apply for the program's first week. When they got
access, a rule barring loans to unprofitable solo
businesses--a restriction that didn't apply to larger
companies--prevented many from getting help. Most nonbank
lenders, including those that specialize in underserved
communities, were shut out for weeks while they waited for
the Small Business Administration to approve them.
``The focus at the outset was on speed, and it came at the
expense of equity,'' said Ashley Harrington, the federal
advocacy director at the Center for Responsible Lending.
In the program's final weeks--it is scheduled to stop
taking applications on May 31--President Biden's
administration has tried to alter its trajectory with rule
changes intended to funnel more money toward women- and
minority-led businesses, especially those with only a handful
of employees.
Mr. Biden took a swipe at his predecessor's track record
last week as he signed a bill extending the program's
deadline. ``Many small businesses, as you know, particularly
Hispanic as well as African-American small businesses, are
just out of business because they got bypassed the first time
around,'' the president said.
But Mr. Biden's revisions--which, most prominently,
expanded lending to independent contractors and others who
work for themselves--have run into their own obstacles,
including the speed with which they were rushed through.
Lenders, caught off guard, struggled to carry them out, with
little time left before the deadline.
``The rules are complicated and constantly changing, and
that alone creates an access barrier,'' Randell Leach, the
chief executive of Beneficial State Bank in Oakland, Calif.
Black and minority businesses suffer
Because lenders are not required to collect demographic
details on their borrowers, data on the Paycheck Protection
Program's racial breakdown has been scarce, but economists
have consistently found signs of gaps.
An analysis by the Federal Reserve Bank of New York noted
that some counties with large numbers of Black-owned
businesses--most notably the Bronx, Queens and Wayne County,
Mich., which includes Detroit--had strikingly low
concentrations of the relief loans. Majority-white ZIP codes
in several metropolitan areas had higher loan coverage than
ZIP codes with heavily minority populations, according to a
San Francisco Fed analysis released last month.
And data from the Small Business Administration shows the
relief effort's tilt. The vast majority of lenders did not
report demographic data on the 3.6 million loans they made
this year, but of the 996,000 that included information on
the borrower's race, 71 percent of the dollars went to white-
owned businesses.
Pilar Guzman Zavala founded Half Moon Empanadas, a small
chain of restaurants, in Florida 12 years ago. She employed
100 people before the pandemic and had established bank
accounts and years of detailed business records. But Ms.
Zavala's application stalled at the first two lenders she
tried, forcing her to spend a month hunting before she
finally found a local bank that would process her loan.
She's grateful for the aid, which helped her hold on to 50
workers, but found the process infuriating.
``The financial system doesn't get to truly small business,
Hispanic businesses, women-owned businesses. It just
doesn't,'' she said.
Of the 1,300 Paycheck Protection Program loans that
Southern Bancorp made last year, many went to customers who
had been turned away by larger banks, Mr. Williams said.
In a recent Federal Reserve survey, nearly 80 percent of
small-business owners who are Black or of Asian descent said
their companies were in weak financial shape, compared with
54 percent of white business owners. And Black owners face
unique challenges. While owners from all other demographics
told the Fed that their main problem at the moment was low
customer demand, Black respondents cited a different top
challenge: access to credit.
When Jenell Ross, who runs an auto dealership in Ohio,
sought a Paycheck Protection Program loan, her longtime bank
told
her to look elsewhere--a message that large banks like Bank
of America, Citi, JPMorgan Chase and Wells Fargo delivered to
many of their customers in the program's frenzied early days.
Days later, she obtained a loan from Huntington Bank, a
regional lender, but the experience stung.
``Historically, access to capital has been the leading
concern of women- and minority-owned businesses to survive,
and during this pandemic it has been no different,'' Ms.
Ross, who is Black, told a House committee last year.
Community groups step in
Community lenders and aid organizations took a shoe-leather
approach to filling the gaps.
Last year, the American Business Immigration Coalition, an
advocacy group, worked with local nonprofits to create a
``community navigator'' program that sent outreach workers to
Black, minority and rural businesses in Florida, Illinois,
South Carolina and Texas. They plowed through roadblocks,
Whac-a-Mole-style.
Language barriers were common. Many business owners had
never sought a bank loan before. Several didn't have an email
address and needed help creating one. Some hadn't filed
taxes; the coalition hired two accountants to help people
sort out their financials.
``Our folks literally went door to door and walked people
through the process,'' said Rebecca Shi, the group's
executive director. ``It's time-consuming.''
The group's work netted $8 million in Paycheck Protection
Program loans for 219 businesses. For those companies, the
help made a profound difference.
TruFund Financial, a New York lender that focuses on
historically disadvantaged communities, spent two hours of
staff time, on average, on each of the 490 loans it made last
year--far more than larger lenders put in. Dozens of its
applications took 10 hours or more to complete, said James H.
Bason, TruFund's chief executive.
Many of TruFund's customers walked in the door after being
turned away by large banks, where ``not being able to speak
to anybody at the bank, sitting around waiting to hear, and
then not hearing anything for weeks--all of that created a
lot of anxiety for our small-business borrowers,'' Mr. Bason
said.
Shaundell Newsome, a Las Vegas business owner and a co-
chair of Small Business for America's Future, an advocacy
group, said improving outcomes for Black business owners
would require deliberate, sustained changes throughout the
banking industry.
``The solution is intentionality,'' he said. ``What I mean
by that is making sure bankers, regulators and policymakers
stay intentional on building Black businesses and helping us
get access to capital.''
That's a message Mr. Newsome passed on to Treasury
Secretary Janet L. Yellen in a recent meeting. Ms. Yellen has
pledged to increase support for minority-focused lenders and
make other changes to alter a financial system that, in her
words, still produces outcomes unacceptably similar to those
of the days when Jim Crow laws were in effect.
Economic crises like the one now gripping the country ``hit
people of color harder and longer'' and intensify economic
inequality, Ms. Yellen said at that meeting. ``I am worried
the current crisis will do this again. In fact, I know it
will, unless we act.''