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Hearing: What Comes Next? PPP Forgiveness (House Committee on Small Business, September 1, 2021)

Summary

A hearing titled What Comes Next? PPP Forgiveness before the Committee on Small Business, United States House of Representatives, on September 1, 2021, with Hon. Nydia M. Velázquez presiding as chairwoman of the Committee. The listed witnesses are Tracy C. Ward of Self-Help Ventures Fund, Leslie Payne of Affinity Federal Credit Union, Marla Bilonick of the National Association for Latino Community Asset Builders, and Robert Fisher, President and Chief Executive Officer of Tioga State Bank. The contents also list additional material for the record from Accion Opportunity Fund, CAMEO, CBA, CDC Small Business Finance, a Chairtable nonprofit letter and JCN.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Congressional Hearing
Case
Chrg 117Hhrg45478

Cite this document

“Hearing: What Comes Next? PPP Forgiveness (House Committee on Small Business, September 1, 2021).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/chrg-117hhrg45478/, SHA-256 2d2abddaabbb94e55fa92fd1a4d39cad7da922a5978597cf8d0b5a783293b4f9.

Full text

                                                                         WHAT COMES NEXT? PPP FORGIVENESS


                                                                                                  HEARING
                                                                                                         BEFORE THE


                                                                       COMMITTEE ON SMALL BUSINESS
                                                                              UNITED STATES
                                                                        HOUSE OF REPRESENTATIVES
                                                                             ONE HUNDRED SEVENTEENTH CONGRESS
                                                                                                       FIRST SESSION


                                                                                                     HEARING HELD
                                                                                                   SEPTEMBER 1, 2021




                                                                                Small Business Committee Document Number 117–030
                                                                                  Available via the GPO Website: www.govinfo.gov




                                                                                           U.S. GOVERNMENT PUBLISHING OFFICE
                                                                    45–478                             WASHINGTON : 2021




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                                                                                    HOUSE COMMITTEE ON SMALL BUSINESS
                                                                                       NYDIA VELÁZQUEZ, New York, Chairwoman
                                                                                                JARED GOLDEN, Maine
                                                                                                JASON CROW, Colorado
                                                                                               SHARICE DAVIDS, Kansas
                                                                                              KWEISI MFUME, Maryland
                                                                                              DEAN PHILLIPS, Minnesota
                                                                                               MARIE NEWMAN, Illinois
                                                                                           CAROLYN BOURDEAUX, Georgia
                                                                                               TROY CARTER, Louisiana
                                                                                                 JUDY CHU, California
                                                                                            DWIGHT EVANS, Pennsylvania
                                                                                            ANTONIO DELGADO, New York
                                                                                          CHRISSY HOULAHAN, Pennsylvania
                                                                                                ANDY KIM, New Jersey
                                                                                               ANGIE CRAIG, Minnesota
                                                                                    BLAINE LUETKEMEYER, Missouri, Ranking Member
                                                                                               ROGER WILLIAMS, Texas
                                                                                              JIM HAGEDORN, Minnesota
                                                                                              PETE STAUBER, Minnesota
                                                                                              DAN MEUSER, Pennsylvania
                                                                                             CLAUDIA TENNEY, New York
                                                                                           ANDREW GARBARINO, New York
                                                                                                YOUNG KIM, California
                                                                                               BETH VAN DUYNE, Texas
                                                                                               BYRON DONALDS, Florida
                                                                                               MARIA SALAZAR, Florida
                                                                                            SCOTT FITZGERALD, Wisconsin

                                                                                          MELISSA JUNG, Majority Staff Director
                                                                                     ELLEN HARRINGTON, Majority Deputy Staff Director
                                                                                             DAVID PLANNING, Staff Director




                                                                                                                  (II)




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                                                                                                              CONTENTS
                                                                                                           OPENING STATEMENTS
                                                                                                                                                                                              Page
                                                              Hon. Nydia Velázquez .............................................................................................               1
                                                              Hon. Blaine Luetkemeyer .......................................................................................                   2

                                                                                                                      WITNESSES
                                                              Ms. Tracy C. Ward, Director of the SBA 504 Loan Program, Self-Help Ven-
                                                               tures Fund, Durham, NC ....................................................................................                      5
                                                              Ms. Leslie Payne, Assistant Vice President of Commercial Lending, Affinity
                                                               Federal Credit Union, Basking Ridge, NJ, testifying on behalf of the Na-
                                                               tional Association of Federally Insured Credit Unions .....................................                                      7
                                                              Ms. Marla Bilonick, President and Chief Executive Officer, National Associa-
                                                               tion for Latino Community Asset Builders, Washington, DC ..........................                                              9
                                                              Mr. Robert Fisher, President and Chief Executive Officer, Tioga State Bank,
                                                               Chairman, Independent Community Bankers of America (ICBA), Spencer,
                                                               NY .........................................................................................................................    10

                                                                                                                       APPENDIX
                                                              Prepared Statements:
                                                                  Ms. Tracy C. Ward, Director of the SBA 504 Loan Program, Self-Help
                                                                    Ventures Fund, Durham, NC .......................................................................                          43
                                                                  Ms. Leslie Payne, Assistant Vice President of Commercial Lending, Affin-
                                                                    ity Federal Credit Union, Basking Ridge, NJ, testifying on behalf of
                                                                    the National Association of Federally Insured Credit Unions ..................                                             61
                                                                  Ms. Marla Bilonick, President and Chief Executive Officer, National As-
                                                                    sociation for Latino Community Asset Builders, Washington, DC ...........                                                  73
                                                                  Mr. Robert Fisher, President and Chief Executive Officer, Tioga State
                                                                    Bank, Chairman, Independent Community Bankers of America (ICBA),
                                                                    Spencer, NY ...................................................................................................            78
                                                              Questions for the Record:
                                                                  None.
                                                              Answers for the Record:
                                                                  None.
                                                              Additional Material for the Record:
                                                                  Accion Opportunity Fund .................................................................................                    85
                                                                  CAMEO - California Association for Micro Enterprise Opportunity ............                                                 88
                                                                  CBA - Consumer Bankers Association ............................................................                              90
                                                                  CDC Small Business Finance (CDCSBF) .......................................................                                  92
                                                                  Chairtable Nonprofit Letter .............................................................................                    94
                                                                  JCN - Job Creators Network ...........................................................................                       97




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                                                                     WHAT COMES NEXT? PPP FORGIVENESS

                                                                                     WEDNESDAY, SEPTEMBER 1, 2021

                                                                                       HOUSE OF REPRESENTATIVES,
                                                                                   COMMITTEE ON SMALL BUSINESS,
                                                                                                                 Washington, DC.
                                                                 The Committee met, pursuant to call, at 1:00 p.m., via Zoom,
                                                              Hon. Nydia M. Velázquez [chairwoman of the Committee] pre-
                                                              siding.
                                                                 Present: Representatives Velázquez, Mfume, Phillips, Newman,
                                                              Bourdeaux, Carter, Chu, Evans, Delgado, Houlahan, Kim of New
                                                              Jersey, Craig, Luetkemeyer, Williams, Hagedorn, Stauber, Meuser,
                                                              Tenney, Garbarino, Kim of California, Van Duyne, Donalds, Sala-
                                                              zar, and Fitzgerald.
                                                                 Chairwoman VELÁZQUEZ. Good morning. I call this hearing to
                                                              order.
                                                                 Without objection, the Chair is authorized to declare a recess at
                                                              any time.
                                                                 Let me begin by saying that standing House and Committee
                                                              rules and practice will continue to apply during remote pro-
                                                              ceedings. All Members are reminded that they are expected to ad-
                                                              here to the standing rules, including decorum, when they are par-
                                                              ticipating in any remote event.
                                                                 With that said, the technology we are utilizing today requires us
                                                              to make some small modifications to ensure that the Members can
                                                              fully participate in these proceedings. House regulations require
                                                              Members to be visible through a video connection throughout the
                                                              proceeding, so please keep your cameras on. If you have to partici-
                                                              pate in another proceeding, please exit and log back in later.
                                                                 In the event a Member encounters technical issues that prevent
                                                              them from being recognized for their questioning, I will move to the
                                                              next available Member of the same party and will recognize that
                                                              Member at the next appropriate time slot, provided they have re-
                                                              turned to the proceeding.
                                                                 Should a Member’s time be interrupted by technical issues, I will
                                                              recognize that Member at the next appropriate spot for the remain-
                                                              der of their time once their issues have been resolved.
                                                                 In the event a witness loses connectivity during testimony or
                                                              questioning, I will preserve their time as staff address the technical
                                                              issue. I may need to recess the proceedings to provide time for the
                                                              witness to reconnect.
                                                                 Finally, remember to remain muted until you are recognized to
                                                              minimize background noise. In accordance with the rules, staff
                                                              have been advised to mute participants only in the event there is
                                                              inadvertent background noise. Should a Member wish to be recog-
                                                                                                                  (1)




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                                                              nized, they must unmute themselves and seek recognition at the
                                                              proper time.
                                                                Seventeen months ago, during the early days of the COVID cri-
                                                              sis, this committee and our counterparts in the Senate worked to-
                                                              gether to create emergency relief programs to assist small busi-
                                                              nesses. At that time hundreds of thousands of small firms across
                                                              the country were closing their doors to protect their customers and
                                                              their employees.
                                                                Recognizing the dire nature of this situation, Congress created
                                                              the Paycheck Protection Program. The PPP was an unprecedented
                                                              government effort that sought to distribute hundreds of billions of
                                                              dollars to entrepreneurs so they could keep their lights on and pay
                                                              their employees.
                                                                Over the course of the past year, Congress replenished the funds
                                                              multiple times and made critical improvements to make the pro-
                                                              gram more equitable for the smallest of small businesses and the
                                                              underserved. More than $800 billion in critical PPP support was
                                                              provided to small businesses during their time of need.
                                                                PPP was never perfect, but thanks to the hard work of SBA em-
                                                              ployees and necessary reforms made by Congress, the program has
                                                              helped saves millions of businesses from permanent closure. With
                                                              conditions improving from the loss of the pandemic, it is vital that
                                                              this committee turn to what may be the most important part of the
                                                              program, the federal government’s promise that this loan can be
                                                              forgiven and converted into grants.
                                                                PPP guidelines stipulated that SBA should forgive loans if small
                                                              businesses spent funds on meeting payroll costs and other related
                                                              expenses.
                                                                SBA has already received 5.6 million loans for business requests
                                                              and made over 5.2 million forgiveness payments. This means that
                                                              approximately 46 percent of all PPP loans have received payments.
                                                              This statistic represents progress, but also shows that there is a
                                                              long way to go.
                                                                Unexpected debt can hinder a small employer’s recovery and
                                                              cloud its path to future growth, so we must examine the obstacles
                                                              preventing recipients from loan forgiveness and work to obviate
                                                              them.
                                                                I look forward to discussing how the SBA is working to make
                                                              PPP forgiveness as simple as possible and examining solutions to
                                                              maximize total loan forgiveness, especially for small dollar bor-
                                                              rowers.
                                                                I would now like to yield to the Ranking Member, Mr. Luetke-
                                                              meyer, for his opening statement.
                                                                Mr. LUETKEMEYER. Thank you, Madam Chair, and thank you
                                                              for calling this very important hearing on Paycheck Protection Pro-
                                                              gram, loan forgiveness, and the process.
                                                                With the program’s application window now closed, Members of
                                                              Congress must examine the back end process that focuses on for-
                                                              giveness to insure the program concludes appropriately, prudently,
                                                              and smoothly for small businesses.
                                                                Prior to the pandemic, small businesses were displaying opti-
                                                              mism, confidence about their economic future. Through a smart tax
                                                              environment driven by the 2017 Tax Cuts and Job Act and former
                                                              President Trump’s deregulatory actions. Such as cutting two regu-




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                                                              lations for every new one, these small businesses were investing in
                                                              their companies, their employees, and their communities. Unfortu-
                                                              nately, COVID-19 and overwhelming State and local shutdown
                                                              mandates devastated the nation’s smallest firms.
                                                                 From being closed entirely to altered capacity restrictions, these
                                                              measures force small businesses into survival mode. Not surpris-
                                                              ingly, many small businesses adapted and performed to the best of
                                                              their ability under dire circumstances. That is what they do. Fed-
                                                              eral government assistance, like the PP, provided an avenue to-
                                                              ward recovery and focused efforts on the nation’s more than 60 mil-
                                                              lion small business workers and employees.
                                                                 The PPP proved to be successful due to the efforts of private sec-
                                                              tor lenders who partnered with the Small Business Administration
                                                              and the Department of Treasury to deliver funds to small busi-
                                                              nesses with speed and efficiency. As the program continues to shift
                                                              towards forgiveness.
                                                                 Today’s hearing will show a completely different perspective for
                                                              lenders who participated in the program. If a small business ad-
                                                              hered to the rules set out in legislation and the guidance produced
                                                              by SBA and the Treasury Department, forgiveness should be at-
                                                              tainable.
                                                                 Congress examined this process in 2020 and created a stream-
                                                              lined forgiveness process for all loans below $150,000 in a Decem-
                                                              ber COVID package. The SBA has also taken steps to simplify the
                                                              process to that end. As I have been examining SBA’s new direct
                                                              forgiveness process, it has come to my attention that lenders have
                                                              received multiple messages which quite conceivable could be con-
                                                              sidered a threat from the SBA on potential for enhanced lender au-
                                                              dits based on their participation within the direct forgiveness proc-
                                                              ess or if they had not offered 2021 PPP borrows an opportunity to
                                                              move through loan forgiveness.
                                                                 One thing is clear. There are multiple legitimate and prudent
                                                              reasons why lenders haven’t joined the SBA’s new direct forgive-
                                                              ness portal, including the fact that some lenders have had systems
                                                              and portals up and running for months. And I cannot stress
                                                              enough this next reason, which is many lenders would like to assist
                                                              their small business borrowers through the completion of this pro-
                                                              gram.
                                                                 I will not stand by and let lenders who are punished for working
                                                              closely with their small business borrowers, the SBA, their dismal
                                                              performance and attempt at direct lending through the EIDL pro-
                                                              gram to provide a warning to everybody that the SBA is ill-suited
                                                              to perform many of these tasks. I will continue to watch these de-
                                                              velopments closely.
                                                                 At today’s hearing I look forward to hearing more about the rela-
                                                              tionship between SBA and private sector lenders. Has there been
                                                              an open line of communication? And where should improvements
                                                              be made going forward?
                                                                 Additionally, I am also concerned about further changes to the
                                                              forgiveness process that can open the program to increased levels
                                                              of waste, fraud, and abuse. Granting blanket forgiveness has the
                                                              potential to remove critical safeguards that are in place to ensure
                                                              that American taxpayer dollars are protected.




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                                                                PPP loan forgiveness oversight is even more important consid-
                                                              ering recent reports indicating that certain fintech lenders have
                                                              been connected to many of the program’s most problematic loans.
                                                              These are significant issues that I plan to continue to examine
                                                              closely. As Members of Congress assist the small business economic
                                                              recovery, we must not ignore the barriers being enacted that will
                                                              prevent small business growth in the future.
                                                                At a time when most small businesses are simply trying to stay
                                                              afloat, President Biden and congressional Democrats are pushing
                                                              tax increases on both the corporate and individual levels, the elimi-
                                                              nation of step-up basis on inheritance, and a slew of other harmful
                                                              changes. These tax changes have implications for all small busi-
                                                              nesses and farms, and main street USA should not be forced to pay
                                                              for the Democrats’ outrageous and unnecessary spending agenda.
                                                                Our nation’s small businesses are already facing worker short-
                                                              ages and skyrocketing inflation. We should be creating an environ-
                                                              ment that allows small businesses to create jobs, expand, and grow,
                                                              not perpetuating an environment that requires them to scale back.
                                                                I want to thank all of the witnesses for joining us today, and I
                                                              look forward to our discussion.
                                                                Madam Chair, with that, I yield back.
                                                                Chairwoman VELÁZQUEZ. Thank you, Mr. Luetkemeyer. The
                                                              gentleman yields back.
                                                                I would like to take a moment to explain how this hearing will
                                                              proceed. Each witness will have 5 minutes to provide a statement
                                                              and each committee Member will have 5 minutes for questions.
                                                              Please ensure that your microphone is on when you begin speaking
                                                              and that you return to mute when finished.
                                                                With that, I would like to introduce our witnesses.
                                                                Our first witness is Ms. Tracy Ward, the director of the Self-Help
                                                              Ventures Fund 504 loan program, who has led the way for her
                                                              CDFI in helping very small borrowers access to the PPP program.
                                                                In 2020 and 2021, Self-Help made just under 2,800 PPP loans to-
                                                              taling $253 million in COVID-19 relief funding. 65 percent of their
                                                              PPP borrowers were small businesses and nonprofits led by people
                                                              of color. Self-Help is affiliated with the Center for Responsible
                                                              Lending, a national nonprofit for research on policy organization
                                                              dedicated to protecting home ownership and family wealth by
                                                              working to eliminate abusive financial practices.
                                                                Thank you for joining us today, Ms. Ward.
                                                                Our second witness is Ms. Leslie Payne of Affinity Federal Credit
                                                              Union in Basking Ridge, New Jersey. Ms. Payne is the credit
                                                              union’s Assistant Vice President for commercial lending and has
                                                              been personally involved in the credit union’s PPP lending. Her
                                                              credit union has updated to the SBA direct forgiveness platform, so
                                                              we look forward to hearing about her Members’ experience. Today
                                                              she is testifying on behalf of the National Association of Federally
                                                              Insured Credit Unions.
                                                                Thank you for joining us today, Ms. Payne.
                                                                Our third witness is Ms. Marla Bilonick, the President and CEO
                                                              of the National Association of Latino Community Asset Builders or
                                                              NALCAB. She also serves as CEO of NALCAB’s subsidiary asset
                                                              management company, Escalera Community Investment. NALCAB




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                                                              is a nationwide network of over 130 mission-driven organizations
                                                              that are encore institutions in predominantly Latino communities.
                                                                 Ms. Bilonick brings over 20 years of expertise in small business
                                                              development and community-based financial services with an em-
                                                              phasis on the U.S. Latino population.
                                                                 Ms. Bilonick testified before the committee last Congress on
                                                              issues related to underserved business development.
                                                                 It is my pleasure to welcome her back to the committee.
                                                                 The Ranking Member, Mr. Luetkemeyer, will now introduce our
                                                              final witness.
                                                                 Mr. LUETKEMEYER. Thank you, Madam Chair.
                                                                 Our next witness is Mr. Robert Fisher. Mr. Fisher is the presi-
                                                              dent and chief executive officer of Tioga State Bank located in
                                                              Spencer, New York.
                                                                 In addition to his leadership role at the century-old Tioga State
                                                              Bank, Mr. Fisher is currently the Chairman of the Independent
                                                              Community Bankers Association of America, also known as ICBA.
                                                              Additionally, he is a Member of ICBA’s Federal Delegate Board
                                                              and its policy development and nominating committees, not to men-
                                                              tion Mr. Fisher is a fifth generation community banker. He is also
                                                              a graduate of the University of Notre Dame and a United States
                                                              Air Force veteran.
                                                                 Mr. Fisher, I want to thank you for taking time away from run-
                                                              ning your bank to join us today, and I want to thank you for your
                                                              service to our nation.
                                                                 I also want to thank the other witnesses for joining us and look
                                                              forward to your questions. Thank you for doing all you can while
                                                              we are in this pandemic era here, a unique time that we have been
                                                              involved in this. Your testimony today is going to be very impor-
                                                              tant to us to be able to understand some of the issues that you face
                                                              and that we need to be addressing.
                                                                 Thank you very much.
                                                                 And with that, Madam Chair, I yield back.
                                                                 Chairwoman VELÁZQUEZ. Thank you all for being here today.
                                                                 Ms. Ward, you are recognized for 5 minutes.
                                                              STATEMENTS OF MS. TRACY C. WARD, DIRECTOR OF THE SBA
                                                               504 LOAN PROGRAM, SELF-HELP VENTURES FUND; LESLIE
                                                               PAYNE, ASSISTANT VICE PRESIDENT OF COMMERCIAL
                                                               LENDING, AFFINITY FEDERAL CREDIT UNION, ON BEHALF
                                                               OF THE NATIONAL ASSOCIATION OF FEDERALLY-INSURED
                                                               CREDIT UNIONS; MARLA BILONICK, PRESIDENT AND CHIEF
                                                               EXECUTIVE OFFICER, NATIONAL ASSOCIATION FOR LATINO
                                                               COMMUNITY ASSET BUILDERS-NALCAB; AND ROBERT FISH-
                                                               ER, PRESIDENT AND CHIEF EXECUTIVE OFFICER, TIOGA
                                                               STATE BANK, CHAIRMAN, INDEPENDENT COMMUNITY BANK-
                                                               ERS OF AMERICA (ICBA)

                                                                                       STATEMENT OF TRACY C. WARD
                                                                Ms. WARD. Thank you, Chairwoman Velázquez, Ranking Mem-
                                                              ber Luetkemeyer, and Members of the committee. My name is
                                                              Tracy Ward, and I represent Self-Help, a Community Development
                                                              Financial Institution, and a PPP lender. Thank you for the oppor-
                                                              tunity to provide testimony today.




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                                                                 At the start of the pandemic, Congress came together to create
                                                              the Paycheck Protection Program, delivering urgently needed funds
                                                              to small businesses to limit mass layoffs and business closures.
                                                              Congress designed PPP as a forgivable loan with the explicit prom-
                                                              ise that funds spent properly would not have to be repaid. Today
                                                              we are asking for several fixes to PPP forgiveness to ensure that
                                                              promise can be kept.
                                                                 SBA implementation of this unprecedented program was remark-
                                                              ably fast, but it came with a complex and constantly changing set
                                                              of rules, and Congress placed the burden of understanding these
                                                              rules on small business borrowers, quite a challenge for small busi-
                                                              nesses in survival mode scrambling to access limited funds. As a
                                                              result, many of the smallest businesses are not getting that prom-
                                                              ised forgiveness—even when they have spent every penny properly.
                                                                 For example, an independent contractor in Illinois received a
                                                              much-needed PPP loan of just under $20,000. Two days before he
                                                              applied, SBA issued a new rule effective immediately that limited
                                                              the way businesses like his could document the request, so now his
                                                              loan is not forgivable, even though he completed his application in
                                                              good faith and spent the funds properly. This Black-owned micro-
                                                              business instead of being able to recover is being held back by an
                                                              unexpected $20,000 debt trap.
                                                                 Congress and SBA have recognized and addressed some of the
                                                              unintended challenges faced by the smallest businesses in access-
                                                              ing PPP loans. One significant change was an adjustment earlier
                                                              this year in the loan amount calculation for most microbusinesses,
                                                              sole proprietors, independent contractors, and self-employed indi-
                                                              viduals, the smallest of the small; but that change was not applied
                                                              retroactively, denying thousands of businesses adequate relief.
                                                                 One such business is a Black-owned child care in North Carolina,
                                                              which received only $2,750 in PPP funding. Had this change been
                                                              retroactive, she would have been eligible for an additional $14,000
                                                              to support her operations. And despite Congress making this exact
                                                              same change retroactive for small farmers and ranchers, other
                                                              microbusinesses, like this child care, were left out.
                                                                 It is important to remember that these challenges are exacer-
                                                              bated for small businesses of color, which are overwhelming micro-
                                                              businesses that entered the pandemic credit starved and with lim-
                                                              ited access to mainstream banking services due to structural limi-
                                                              tations that have been well documented by our affiliate, the Center
                                                              for Responsible Lending, and by others.
                                                                 We propose several clear fixes to the forgiveness rules to ensure
                                                              fairness and to avoid inadvertently causing further harm to the
                                                              smallest businesses who are the least able to sustain it.
                                                                 One, eliminate ‘‘gotcha’’ denials of loan forgiveness due to sudden
                                                              changes in rules that were imposed without notice.
                                                                 Two, rescind SBA’s January 15, 2021 rule denying forgiveness to
                                                              borrowers who made good faith errors.
                                                                 Three, require lenders to opt in to SBA’s direct forgiveness portal
                                                              if they are unduly slow processing forgiveness or if they are unre-
                                                              sponsive to their borrowers. The portal should expand the options
                                                              for forgiveness, not limit it.
                                                                 Four, alleviate unnecessary paperwork burdens for the smallest
                                                              businesses by automatically forgiving loans of $25,000 or less.




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                                                              These microbusinesses overwhelmingly should qualify for full for-
                                                              giveness based on program rules.
                                                                Finally, improve and refocus SBA’s loan review process to ensure
                                                              that fraudulent activity is prosecuted and that businesses who ap-
                                                              plied in good faith are not harmed by uncertainty and delay.
                                                                In this ongoing crisis, small businesses deserve responsible fol-
                                                              low-through on PPP’s promise so they can get back to running their
                                                              businesses and employing their communities. Without changes, the
                                                              forgiveness stage of PPP will exacerbate preexisting inequities, and
                                                              for many of the smallest businesses, will turn Congress’ promise
                                                              into a bait and switch.
                                                                Thank you for addressing this important issue, and I look for-
                                                              ward to your questions.
                                                                Chairwoman VELÁZQUEZ. Thank you, Ms. Ward.
                                                                Ms. Payne, you are recognized for 5 minutes.
                                                                                           STATEMENT OF LESLIE PAYNE
                                                                 Ms. PAYNE. Good afternoon, Chairwoman Velázquez, Ranking
                                                              Member Luetkemeyer, and Members of the committee. My name is
                                                              Leslie Payne, and I am testifying today on behalf NAFCU. I am the
                                                              AVP of commercial lending at Affinity Federal Credit Union.
                                                                 Over the last 18 months, I have been tasked with the implemen-
                                                              tation and day-to-day management of the PPP initiative at Affinity.
                                                              I am proud of the work that we have done to help our Members
                                                              through these challenging times, and I thank you for the oppor-
                                                              tunity to appear before you today to discuss the PPP forgiveness
                                                              process.
                                                                 Credit unions have gone above and beyond to ensure small busi-
                                                              nesses in their communities are taken care of during the pandemic.
                                                              Though Affinity was already an SBA lender, many credit unions
                                                              signed on as PPP lenders despite not having done SBA lending be-
                                                              fore.
                                                                 An analysis of the SBA’s PPP data shows that credit unions
                                                              made loans in amounts much lower than the national average, and
                                                              credit union PPP loans went to the smallest of small businesses.
                                                                 Affinity provided 1,058 PPP loans in the first round of the pro-
                                                              gram, totalling approximately $58 million in lending. We provided
                                                              an additional 603 loans in the second round for approximately $38
                                                              million. Our overall average PPP loan was approximately $56,000,
                                                              with over 90 percent of loans $150,000 or under. Our smallest PPP
                                                              loan was approximately $700, while our largest was approximately
                                                              $1.7 million. Borrowers have come to rely on their credit units to
                                                              assist them through every phase of the PPP process, including for-
                                                              giveness. The initial complexity of the PPP forgiveness process
                                                              posed challenges for many small businesses who may not have the
                                                              staff or the expertise for such a complex application.
                                                                 We were pleased to see Congress enact a simplified forgiveness
                                                              process for loans under $150,000. However, credit unions continue
                                                              to grapple with simultaneously processing loan forgiveness applica-
                                                              tions while meeting the routine needs of their small business Mem-
                                                              bers. Many credit unions, such as Affinity, have invested money to
                                                              create a solution for Members to complete online applications and
                                                              upload supporting documentation or work with a third-party ven-
                                                              dor to streamline the overall process.




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                                                                 A primary source of frustration for credit unions on forgiveness
                                                              has been the SBA’s ongoing requests for additional documentation
                                                              for applications under review even for small dollar loans. Still, al-
                                                              most 80 percent of our PPP loans at Affinity have been forgiven.
                                                              For Affinity’s forgiveness applications overall, it has taken on aver-
                                                              age 9 days from application submission to SBA approval. For for-
                                                              giveness applications that have been placed under review, it has
                                                              taken an average of 47 days.
                                                                 SBA’s recent introduction of the revenue reduction score is a wel-
                                                              come change will help expedite the forgiveness process. The SBA
                                                              also recently launched the Direct Borrower Forgiveness Portal. At
                                                              Affinity, despite the time and money invested in implementing so-
                                                              lutions to process forgiveness applications in-house over the last
                                                              year, we are one of many credit unions that have opted into the
                                                              portal. Although the process streamlines the borrower’s experience,
                                                              it does not necessarily streamline the process for all lenders as
                                                              many will have to monitor the SBA system and update their com-
                                                              mercial lending platforms manually. However, the portal offers
                                                              smaller credit unions that have not had the ability to leverage a
                                                              third party vendor or lack the means to develop a streamlined in-
                                                              house process, a simple solution to process forgiveness applications.
                                                                 Despite many opting into the portal, credit unions generally feel
                                                              it would have been more beneficial at the onset of the forgiveness
                                                              process. Some credit unions are choosing to not opt into the pro-
                                                              gram because they feel the systems they have created are more
                                                              consumer friendly. Moreover, integrating the new portal is oper-
                                                              ationally burdensome.
                                                                 There are also concerns that the SBA will not answer borrowers’
                                                              questions in a timely or complete fashion. It was very difficult to
                                                              get answers in a timely manner last year, and some credit unions
                                                              fear that borrowers will use the portal and then come back to their
                                                              lender with questions, but the lender has no control over the sys-
                                                              tem and will not be able to assist the borrower.
                                                                 At Affinity we have had some frustrations with the process, such
                                                              as the SBA communicating directly with borrowers without alert-
                                                              ing lenders, and the SBA not alerting Members that borrowers
                                                              apply directly for forgiveness.
                                                                 Two ways that Congress can take to improve the forgiveness
                                                              process would be, one, increasing the loan size for the use of the
                                                              portal and revenue reduction score and, two, urging the SBA to fol-
                                                              low up on its commitment to focus its review on larger and higher
                                                              risk loans. Adopting this approach to forgiveness reviews will con-
                                                              serve the SBA’s resources and allow the agency to more efficiently
                                                              allocate their finite resources to those PPP loans that warrant ad-
                                                              ditional review.
                                                                 In conclusion, we are proud of how we have been able to help our
                                                              small business Members stay afloat and retain employees through
                                                              the PPP. At Affinity, like at all credit unions, our priority is our
                                                              Members. Our team has been and remains committed to guide our
                                                              Members through the PPP experience successfully.
                                                                 I again thank you for the opportunity to appear before you today,
                                                              and I welcome any questions that you may have.
                                                                 Chairwoman VELÁZQUEZ. Thank you, Ms. Payne.
                                                                 Ms. Bilonick, you are now recognized for 5 minutes.




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                                                                                     STATEMENT OF MARLA BILONICK
                                                                 Ms. BILONICK. Thank you.
                                                                 Good afternoon, Chairwoman Velázquez, Ranking Member
                                                              Luetkemeyer, and Members of the committee. My name is Marla
                                                              Bilonick, and I am the president and CEO of the National Associa-
                                                              tion of Latino Community Asset Builders, otherwise known as
                                                              NALCAB. It is my sincere honor to be addressing you today about
                                                              Paycheck Protection Program forgiveness and speaking on behalf of
                                                              NALCAB, our Member organizations, and the small businesses
                                                              that they represent.
                                                                 NALCAB is the hub of a national network of over 140 mission-
                                                              driven organizations that are anchor institutions in geographically
                                                              and ethnically diverse Latino communities across the nation.
                                                                 Our vision is to dramatically scale the flow of public and private
                                                              sector capital that responsibly meets the asset-building needs and
                                                              opportunities in the communities we serve. As a grant maker and
                                                              U.S. Treasury certified CDFI lender, NALCAB strengthens and co-
                                                              ordinates the capacity of the NALCAB network to deploy capital.
                                                                 We know that the strength of the U.S. economy relies on the
                                                              fast-growing Latino communities’ hard work, entrepreneurial expe-
                                                              rience, spending power, and leadership. While the Latino commu-
                                                              nity in the United States is often heralded for starting small busi-
                                                              nesses at rates higher than other ethnic groups, the adverse eco-
                                                              nomic effects of the pandemic have disproportionately impacted
                                                              Latino business owners.
                                                                 Stanford’s Latino Entrepreneurial Institute surveyed 7,000 small
                                                              business owners and cites that 86 percent of Latino-owned busi-
                                                              nesses suffered immediate negative financial impacts from the pan-
                                                              demic. At the same time, Latino business owners were successful
                                                              at securing PPP loans at only half the rate of their White counter-
                                                              parts and only 3 percent of Latino-owned businesses received their
                                                              full funding request.
                                                                 NALCAB was called upon to provide capital to several Members
                                                              to facilitate their PPP lending. As a CDFI in our own right, we ulti-
                                                              mately loaned our Members close to $12 million for PPP loans
                                                              which resulted in them making 640 loans to small businesses in
                                                              their communities.
                                                                 NALCAB Member CDFIs, including heavy hitters like Accion Op-
                                                              portunity Fund, Self-Help, LiftFunds, and CDC Small Business Fi-
                                                              nance, were able to provide business clients with PPP loans when
                                                              banks could not or would not.
                                                                 In fact, NALCAB Member and CDFI, Prestamos CDFI was the
                                                              third highest PPP lender in the nation, including traditional com-
                                                              mercial banks. Prestamos made close to 500,000 PPP loans aver-
                                                              aging around $15,000 each, for a total of close to $8 billion in PPP
                                                              lending. JP Morgan Chase and Bank of America topped the rank-
                                                              ing with over $12 billion and over $9 billion respectively.
                                                                 As of August 2021, roughly half of PPP borrowers had submitted
                                                              forgiveness applications with the other half outstanding. Advances
                                                              have been made to streamline PPP forgiveness, including the July
                                                              launch of the Direct Forgiveness Portal which is an immediate and
                                                              simplified clearinghouse for forgiveness applications attached to
                                                              loans of $150,000 and below.




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                                                                 Discussions with CDFI Members of NALCAB point to the portal
                                                              now being the primary channel available in seeking loan forgive-
                                                              ness for their small business clients. Between April and August,
                                                              the forgiveness applications process practically doubled from the
                                                              national number reported in April. This may be partially attributed
                                                              to the Direct Forgiveness Portal.
                                                                 Number three ranked PPP lender and NALCAB Member
                                                              Prestamos CDFI reports that they are directing clients almost ex-
                                                              clusively to the SBA PPP forgiveness portal and have found that
                                                              to be a straightforward avenue for achieving forgiveness. However,
                                                              they noted that they fear that some clients are missing out on loan
                                                              forgiveness due to lack of awareness of the process and/or lack of
                                                              access to technology to connect to the portal.
                                                                 The additional CDFI Members we spoke with from coast to coast
                                                              all reported the portal was now their primary channel for client
                                                              forgiveness, even in the cases where they had developed their own
                                                              technology ahead of the portal.
                                                                 While only a sliver of NALCAB PPP lenders made loans over five
                                                              figures, we are supportive of stretching simplified forgiveness proc-
                                                              ess for loans up to $350,000. This would further ease the burden
                                                              on even more small businesses that are doing their best to power
                                                              through recovery. In addition, it would lighten the administrative
                                                              load of lenders that have supported those businesses through their
                                                              PPP journey. We agree that PPP loans of $350 thousand and above
                                                              are in a different class and justify higher scrutiny.
                                                                 Loans that were made in the initial stages of the Paycheck Pro-
                                                              tection Program in 2020, when there was some confusion regarding
                                                              calculations around loan sizing, have resulted in good faith error
                                                              that generated some PPP loans that exceeded borrowers’ correct
                                                              maximum amount. In January of 2021, the SBA’s procedural notice
                                                              informed PPP lenders of said excess loan amount errors. Particu-
                                                              larly in cases of smaller amounts, small loan amounts, this seems
                                                              like undue efforts to squeeze dollars out of the very borrowers that
                                                              the PPP program was designed for, borrowers that most certainly
                                                              used every cent of their PPP loan to ensure their businesses stayed
                                                              afloat and to keep their employees on payroll.
                                                                 I don’t believe I have time to go into my recommendations, but
                                                              they were outlined in the content of the testimony.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 Ms. BILONICK. Thank you very much for your time.
                                                                 Chairwoman VELÁZQUEZ. Thank you, Ms. Bilonick.
                                                                 Mr. Fisher, you are now recognized for 5 minutes.

                                                                                      STATEMENT OF ROBERT FISHER
                                                                Mr. FISHER. Chairwoman Velázquez, Ranking Member Luetke-
                                                              meyer, and Members of the committee. I am Bob Fisher, president
                                                              and CEO of Tioga State Bank, a $550 million community bank in
                                                              Spencer, New York, and Chairman of the Independent Community
                                                              Bankers Association of America. So thank you for the opportunity
                                                              to testify at today’s hearing.
                                                                The PPP was a natural fit for the business model of community
                                                              banks. We are small business lending specialists with local knowl-
                                                              edge and deep roots of the communities that we serve.




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                                                                 My bank’s PPP lending is typical of a community bank. We made
                                                              a total of 929 loans for $64.8 million, saving roughly 10,000 jobs.
                                                              Our average loan was just under $70,000, and Tioga State Bank’s
                                                              40-year history as an SBA 7(a) lender helped us to navigate some-
                                                              times challenging SBA channels on behalf of our borrowers.
                                                                 Our largest PPP loan, $2.7 million, was to a southern tier inde-
                                                              pendent center. They are a large not-for-profit in Binghamton, New
                                                              York, dedicated to helping people with disabilities remain inde-
                                                              pendent. The loan helped prevent staff layoffs and allowed the cen-
                                                              ter to continue to provide critical services in our community.
                                                                 Other community banks have similar stories and results. In ag-
                                                              gregate, community banks made nearly 60 percent of the PPP
                                                              loans which supported nearly 50 million jobs. What’s more, commu-
                                                              nity banks made over 80 percent of PPP loans to minority-owned
                                                              and women-owned small businesses and nearly 70 percent of the
                                                              PPP loans to veteran-owned small businesses. I am proud that my
                                                              industry stepped up to support the survival of these diverse busi-
                                                              nesses in a time of crisis.
                                                                 We are well into the forgiveness phase of the program, and this
                                                              process must be as simple as possible for borrowers so that they
                                                              can focus on operating their businesses in a still uncertain environ-
                                                              ment. We are grateful to this committee and Congress at large for
                                                              its role in making statutory changes and advocating for a stream-
                                                              lined process.
                                                                 As you know, the SBA has created the Direct Borrower Forgive-
                                                              ness Portal for PPP loans of 150,000 or less. My bank has a strong
                                                              record of processing forgiveness applications and has chosen not to
                                                              use the portal. Like many community banks, our true value propo-
                                                              sition is relationship lending. We believe we owe it to our bor-
                                                              rowers to ensure a smooth process from origination until full for-
                                                              giveness. If there are technical or communication problems with
                                                              the SBA—and this has, frankly, been a major concern—we want to
                                                              use our expertise and relationship with the agency to resolve them.
                                                              This is good business practice and best for our borrowers. We are
                                                              working expeditiously and are as eager as our borrowers to obtain
                                                              full forgiveness.
                                                                 ICBA insists that SBA respect lenders’ choice to not use the por-
                                                              tal. Instead. The SBA has threatened to audit these lenders.
                                                              What’s more, the SBA suggests that lenders are deliberately delay-
                                                              ing forgiveness to spread out fee income. That practice would be
                                                              unacceptable and would cut against the grain of community bank
                                                              relationship lending. I can assure you that no community bank
                                                              that I know of is engaging in it.
                                                                 Our strong record of PPP lending in a time of crisis must not be
                                                              diminished by these accusations. My bank and other community
                                                              banks choose to preserve our borrower relationships and not be cut
                                                              out of the process by a direct SBA program. More broadly, bank
                                                              underwriting and servicing is what makes SBA lending programs
                                                              so effective and must not be displaced by direct programs.
                                                                 As we conclude the PPP, reports of fraud and abuse have sur-
                                                              faced in the media. These problems must be reduced to the greatest
                                                              extent possible not only in the PPP but in all SBA programs. My
                                                              bank has experienced no PPP fraud and 100 percent forgiveness.
                                                              Like other community banks, we own the consequences of our lend-




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                                                              ing decisions and underwrite with great care. However, certain
                                                              lenders with little experience in underwriting or with the SBA
                                                              crowded into PPP. Safeguards were lowered in response to the cri-
                                                              sis and, not surprisingly, these lenders may be subject to higher in-
                                                              cidents of fraud.
                                                                 As normal state returns, the SBA should proceed with great cau-
                                                              tion as it considers changes to existing programs. Tioga State Bank
                                                              and many community banks highly value a robust and sustainable
                                                              7(a) program. Fraud puts all SBA programs at risk.
                                                                 Thank you again for convening today’s hearing and for the oppor-
                                                              tunity to offer my perspective, and I am happy to answer any ques-
                                                              tions you may have.
                                                                 Thank you.
                                                                 Chairwoman VELÁZQUEZ. Thank you, Mr. Fisher. Thanks to all
                                                              of the witnesses for being here today and for your work and en-
                                                              gagement on the PPP.
                                                                 I will begin by recognizing myself for 5 minutes.
                                                                 Ms. Payne, less than one-quarter of all PPP lenders have up-
                                                              dated to the SBA direct forgiveness platform. Even though your
                                                              credit union invested in its own platform, you also updated to the
                                                              SBA platform.
                                                                 Can you share with us any feedback your borrowers have had on
                                                              the SBA platform?
                                                                 Ms. PAYNE. Yes. Thank you for the question.
                                                                 We have opted in, and largely we opted in, we have a system in
                                                              place that has been working quite well. We jumped on the forgive-
                                                              ness quite early in the process and put things in place that we
                                                              needed to do. We made our investments and such. We opted in be-
                                                              cause we want to give our borrowers every opportunity for forgive-
                                                              ness, so we have offered that.
                                                                 To date, since the portal has opened, the Direct Forgiveness Por-
                                                              tal has opened, we have seen approximately 12 percent of our bor-
                                                              rowers go to the direct portal. So the majority of our Members are
                                                              still coming to us to directly go to our portal for forgiveness.
                                                                 But what we have heard from our Members is that, from their
                                                              perspective, that the portal has been user friendly. From the lend-
                                                              ers’ perspective, this creates more manual process for us. As we do
                                                              have our own process in place, we have to proactively go into the
                                                              SBA portal and check the website, and then manually we are
                                                              inputting data in the beginning of the process as well as at the end
                                                              of the process.
                                                                 So another concern that we have is in the early stages—we are
                                                              still in the early stages, and there are still some unknowns with
                                                              regard to the confusion and communication that our borrowers will
                                                              get from the SBA and when they will get that communication.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 Ms. Ward, we have heard from borrowers that they are respon-
                                                              sible for paying, with interest, excess loan amounts caused by PPP
                                                              miscalculation from a lack of rules and clarity early in the pro-
                                                              gram.
                                                                 Should this excess loan amount be forgiven if loan proceeds were
                                                              spent on forgivable purposes?
                                                                 Ms. WARD. We believe they should. We have seen many bor-
                                                              rowers that are facing issues where they applied, based on the cur-




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                                                              rent rules in place as they understood them; but because the rules
                                                              were complicated: some businesses were able to include owner
                                                              healthcare costs, some were not. Some could document payroll
                                                              showing 941s, others had different methods that could be more
                                                              complicated.
                                                                 So we are seeing borrowers that are caught in this issue of hav-
                                                              ing applied in good faith for a loan that they then used to keep
                                                              their business operating, to keep their staff employed, and now at
                                                              forgiveness, because the rule may have changed within days of
                                                              when, they applied, they are not going to be able to get full forgive-
                                                              ness and they are caught in that.
                                                                 Chairwoman VELÁZQUEZ. How is your institution handling
                                                              these good faith errors?
                                                                 Ms. WARD. So we are working with our borrowers when we find
                                                              situations like this—I will say, luckily, we are not finding many sit-
                                                              uations like this within our own PPP borrowers. We had processes
                                                              in place and worked closely—as Mr. Fisher said, community banks
                                                              are very—have a relationship and work hard with our borrowers
                                                              to try and make sure that they understand the loan they are get-
                                                              ting and how to get this forgiveness.
                                                                 Chairwoman VELÁZQUEZ. Okay.
                                                                 Ms. WARD. We are hearing and seeing news reports about espe-
                                                              cially small lenders, small borrowers who are caught in this and
                                                              are not going to be able to get forgiveness. We have been able—
                                                              on a couple of cases where we have borrowers in this situation at
                                                              Self-Help, we are working with them to try and identify are there
                                                              other potential documents they have that might help us get them
                                                              to full forgiveness.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 Ms. Payne, any comments on the PPP miscalculations?
                                                                 Ms. PAYNE. Yes. I think we have experienced several loans.
                                                              With the initial PPP guidance, it was continuously evolving. Both
                                                              the Members and lenders were trying to get their arms around the
                                                              guidance and the rules, a very stressful and chaotic time.
                                                                 I think that each loan should be looked at on its own merits. If
                                                              there was an error and it was made in good faith but the use of
                                                              the funds was permitted, then I believe that these loans should be
                                                              considered for full forgiveness.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 Ms. Bilonick, would you support increasing the qualifying loan
                                                              amount to $350,000 to help SBA deliver forgiveness more effi-
                                                              ciently and enable more small businesses to focus on their recov-
                                                              ery?
                                                                 Ms. BILONICK. Absolutely. I think anything that will reduce the
                                                              burden on both the borrowers and the lenders is a positive and
                                                              should be supported. This would bring the percent over 90 percent
                                                              of PPP loans, and I think it is a sound recommendation.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 My time has now expired. The Ranking Member, Mr. Luetke-
                                                              meyer, is now recognized for 5 minutes.
                                                                 Mr. LUETKEMEYER. Thank you, Madam Chair.
                                                                 And just to comment first, you know, whenever you see that basi-
                                                              cally one in six loans are made by fintechs and 9 out of 10 of those
                                                              we are looking at as fraudulent and most of those loans are under




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                                                              $350,000, and the OG report—IG report said that half the loans
                                                              under $350,000 are probably where your theft, identity theft and
                                                              fraud are, for us to not look at those is, like, the administration
                                                              leaving $85 billion worth of military equipment behind in Afghani-
                                                              stan for no reason whatsoever.
                                                                 This is nuts for us not to go after people who have intentionally
                                                              gamed the system and are making away with dollars that the tax-
                                                              payers have paid in and half the program would not be looked at.
                                                              This is—I think it is a very, very wrong way to approach this.
                                                                 Mr. Fisher, you talked about in your testimony something that
                                                              is very, very concerning to me with regards to the SBA and their
                                                              threat to audit entities, banks, credit unions, other entities that
                                                              may do PPP loans if they don’t participate in the portal.
                                                                 What is your experience with this? What have you heard about
                                                              this? Can you elaborate on it? I know you said in your testimony—
                                                              I’m reading it as well. Would you like to elaborate just a little bit
                                                              on that, please?
                                                                 Mr. FISHER. Sure. We received communication from SBA on
                                                              Monday that there was potential for audit if you did not participate
                                                              in the portal, the forgiveness portal. And from day one, we decided
                                                              we wanted to be that interface between our customer and the SBA
                                                              because it is, it is a very confusing, complicated process. And we
                                                              feel that we have got the expertise. The customer doesn’t.
                                                                 So we want to, you know, control that relationship and help our
                                                              customer navigate through this whole forgiveness process, and we
                                                              don’t feel we should be—we have worked forgiveness very hard. In
                                                              fact, we only have five loans from the first round that are still
                                                              waiting for forgiveness, and it is not for a lack of effort on our part.
                                                              We have been reaching out to those borrowers to get them to seek
                                                              to apply for the forgiveness.
                                                                 Mr. LUETKEMEYER. So it is a choice on your part how you
                                                              want to approach forgiveness, and the SBA is trying to threaten
                                                              you into making the choice, their choice, basically. Is that right?
                                                                 Mr. FISHER. That is how it feels, yes.
                                                                 Mr. LUETKEMEYER. Well, I would urge you if you find banks
                                                              that have received this threat and then receive an audit as a result
                                                              of that, please contact me and my office. We want to follow up on
                                                              this. We want to hold SBA accountable for outrageous statements
                                                              like this. This cannot go unchallenged. This cannot be allowed to
                                                              happen. So, please, work with us if you see this happening within
                                                              the banking community that you work and your association works
                                                              with.
                                                                 Thank you so much for that.
                                                                 You know, you made some great statements here, Mr. Fisher, as
                                                              you were going through discussing the banks making the loans.
                                                              You know, the banks have something called know your customer,
                                                              and in doing that, I think we have found that——
                                                                 And as I mentioned earlier, the fintechs don’t have that sort of
                                                              firewall and, as a result, they are the ones that are causing a lot
                                                              of problems here, although there is not a lot of problems with PPP
                                                              compared to, like, the EIDL program which has got almost a third
                                                              of it which is the most fraudulent stuff.
                                                                 But the underwriting that you are able to provide and the know
                                                              your customer seems to be a real key in being able to minimize the




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                                                              fraud, minimize the abuse, and also set you up for being able to
                                                              get forgiveness for your customers because you have done it right.
                                                              Would you agree?
                                                                 Mr. FISHER. I totally agree. I mean, that is—we know our com-
                                                              munity. We know our customers. And I think that is what made
                                                              the process work for community banks and why we were able to
                                                              do 60 percent of the PPP lending.
                                                                 Mr. LUETKEMEYER. It is concerning to me that, you know, as
                                                              we continue to go through this process here and we are looking
                                                              at—and I don’t believe to bring the EIDL program into the PPP
                                                              discussion here unnecessarily, but I think it lends—the PPP pro-
                                                              gram here, by having had the banks do the underwriting, be able
                                                              to do the hard work of know your customer and prepare the loans
                                                              to be able to be approved by SBA, showed that that is a template
                                                              I think for being able to do things the right way and minimize
                                                              fraud and abuse.
                                                                 When you look at SBA’s direct lending program, which is the
                                                              EIDL program, and how fraught it is with fraud, it really sets up
                                                              the contrast of does SBA really need to be in the direct lending
                                                              business.
                                                                 So would you like to address that question?
                                                                 Mr. FISHER. We have always felt that, you know, with the 7(a)
                                                              program and 504 programs that community banks—you know, we
                                                              have that relationship with our borrowers, and I think it really has
                                                              reduced fraud. As I said, we experienced zero fraud in our PPP
                                                              lending, and I think that just shows how relationship banking
                                                              works and how utilizing community banks to be the interface with
                                                              small business is so effective.
                                                                 Mr. LUETKEMEYER. Thank you very much for your testimony,
                                                              Mr. Fisher. We certainly appreciate your thoughts and observa-
                                                              tions today.
                                                                 Thank you.
                                                                 With that, Madam Chair, I yield back.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 I now recognize the gentleman from Maryland, Mr. Kweisi
                                                              Mfume.
                                                                 Mr. MFUME. Thank you, Madam Chair. Thank you for calling
                                                              this hearing.
                                                                 Ms. Payne, I would like to just start with you, if I might. From
                                                              your own perspective, what were some of the considerations that
                                                              went into you offering your own PPP forgiveness platform as op-
                                                              posed to the SBA’s?
                                                                 Ms. PAYNE. Well, the first consideration was that there was no
                                                              platform that the SBA was offering or putting out there. The for-
                                                              giveness process was technically to start almost immediately. We
                                                              took our first forgiveness application in September of 2020. So we
                                                              needed to put something in place, and we did. We bought a soft-
                                                              ware program, we trained our staff, and we pulled other resources.
                                                              We wanted to be responsive. This was a temporary loan to help
                                                              these businesses get through a very chaotic and traumatic time,
                                                              and they needed to know that this was going to be forgiven, not
                                                              that they had additional debt.
                                                                 So so many wanted to get forgiven as soon as they could, so we
                                                              responded to our Members’ needs, and that is what we did. We ini-




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                                                              tiated our own platform, and we invested the time and resources
                                                              and money to do that to be responsive.
                                                                 Mr. MFUME. So most of your credit union Members have used
                                                              your platform rather than the SBA’s platform. I would ask you,
                                                              how would you evaluate the borrower outcomes? Are they com-
                                                              parable? Are there things that jump out at you that are cause for
                                                              alarm?
                                                                 Ms. PAYNE. No. We have not had too much cause for alarm. The
                                                              process, I will admit, early on was slow as we were learning it, and
                                                              we did not necessarily anticipate the number of loans going under
                                                              review. When we started, they were taking 10 percent of our loans
                                                              and putting them under review, and that creates very much the
                                                              back-and-forth problem, and it is time-consuming for our Members
                                                              and it is stressful.
                                                                 They don’t know why they are under review, and we can’t—you
                                                              know, we don’t know if it is random or otherwise. But in that
                                                              sense, that process started slowly; but once we got up and running
                                                              and really hit stride, we haven’t seen any major issues. It is just
                                                              when we go under loan review, it can be very time-consuming; but
                                                              we have per my testimony, we have submitted 80 percent of our
                                                              portfolio has gone through the review process.
                                                                 Not all are 100 percent forgiven, but there are some that have
                                                              some partial forgiveness; but overall we have had very good success
                                                              rate on behalf of our Members.
                                                                 Mr. MFUME. Mr. Fisher, if I could turn to you for just a mo-
                                                              ment. You occupy a rather unique perch both as president of Tioga
                                                              and as Chairman of the Independent Community Bankers of Amer-
                                                              ica. So far only about a quarter of all PPP lenders have opted in
                                                              to SBA’s direct forgiveness platform.
                                                                 Do you think, sir—or what do you think could have been done
                                                              differently to have made that platform more appealing to persons?
                                                              And if you had your druthers—let’s hope we never go through this
                                                              again; but if we were to go through something like this again, what
                                                              would you recommend?
                                                                 Mr. FISHER. I think—you know, I think the issue is most banks
                                                              had their forgiveness plan in place. We have already developed sys-
                                                              tems. We have a methodology of how we put customers through
                                                              forgiveness, so SBA rolling this out late in the game has made it
                                                              problematic.
                                                                 So I think had they wanted this portal to be used, I think I
                                                              would have rolled it out when forgiveness started. It is kind of late
                                                              in the game to throw in another ancillary system when we already
                                                              have it pretty down for our customers.
                                                                 Mr. MFUME. Okay.
                                                                 Thank you, Madam Chair. I have no other questions. I yield
                                                              back.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 The gentleman from Texas, Mr. Williams, is recognized for 5
                                                              minutes.
                                                                 Mr. WILLIAMS. Thank you, Madam Chair.
                                                                 And before I get started, I want us, all of us across this country,
                                                              to remember those 13 families that are—we are all praying for the
                                                              loss of those young men and women and also remember those peo-
                                                              ple who are still stranded in Afghanistan this morning.




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                                                                 I am a small business owner, have been for 51 years. My whole
                                                              life has been done dealing with credit unions and community
                                                              banks, and I can tell you that the main street America does it a
                                                              heck of a lot better than the federal government. And I want to say
                                                              thanks to all of the lenders for getting this program out, and it is
                                                              interesting that all of a sudden the SBA wants to get involved in
                                                              the program here of late with portals, and so forth, and now we
                                                              have to have a hearing. So just, again, the government does it bet-
                                                              ter—or the private sector does it much better than government.
                                                                 When I talk to borrowers and lenders back in Texas, I constantly
                                                              hear about communication issues with the SBA. Last week a lender
                                                              told me there are some loans that have been submitted for forgive-
                                                              ness as far back as January, and we are hearing that this morning,
                                                              that have yet to receive an update after 8 months.
                                                                 When the bank calls the PPP hotline for updates, it no longer is
                                                              even in service, and the SBA can’t continue to leave small business
                                                              owners and community banks in the dark when they are taking all
                                                              necessary steps to recover from the pandemic, these small business
                                                              owners.
                                                                 So, Mr. Fisher, thank you for your service and what you are
                                                              doing. I want to say, can you discuss your interactions with the
                                                              SBA and describe how responsive they have been to your inquiries?
                                                                 Mr. FISHER. Communication throughout the process has been
                                                              difficult, especially early on in the process. We have got some great
                                                              connections with our local SBA office, and those folks are greatly
                                                              helpful, but they are also limited in some of the knowledge that
                                                              they have and, obviously, this was a new program, constant guid-
                                                              ance changes, and things like that. So it was—communication was
                                                              very problematic throughout the process and continues to be some-
                                                              what problematic in certain areas.
                                                                 I know of a local bank that I just heard a story yesterday that
                                                              they had opted out of the forgiveness portal, yet their customers all
                                                              received notices from SBA saying that they could apply through the
                                                              portal, which was not active for the bank because they hadn’t opted
                                                              into the program, which caused chaos with their customer service
                                                              center, so——
                                                                 Mr. WILLIAMS. Well, we are hearing stories like this all over,
                                                              and I can tell you firsthand, it is tough to communicate with them.
                                                                 Lenders were given two options for PPP loan forgiveness: Either
                                                              opt into direct forgiveness with the SBA or opt out and continue
                                                              to process loans themselves. We are hearing about that that today.
                                                              Most commonly bankers did not opt into direct PPP forgiveness for
                                                              two main reasons. Lenders had already created an internal process,
                                                              which we know that, or contracted this work out to a third party
                                                              when they saw how important the forgiveness aspect of PPP would
                                                              be in the future.
                                                                 In addition, as we have heard today, many banks were reluctant
                                                              to opt in because the SBA had not been the most reliable partner
                                                              in the past, and that is an understatement. And, unfortunately, on
                                                              Monday morning, as we have heard, the SBA sent a notice to all
                                                              lenders that they would be under more intense scrutiny for their
                                                              loans if they did not participate in the Direct Forgiveness Portal,
                                                              and here they are coming in late and messing everything up.




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                                                                 So making this change so late in the process has caused confu-
                                                              sion and even more headaches for the banks who make PPP so suc-
                                                              cessful.
                                                                 So, Mr. Fisher, you have touched on this, but I think we need
                                                              to talk about it even more. Can you discuss the risks you may face
                                                              due to the recent announcement from the SBA and why you choose
                                                              and chose to opt out of the direct PPP forgiveness in the first place?
                                                                 Mr. FISHER. Obviously, as I said before, they threatened poten-
                                                              tial audits, although they sent a follow-up email that maybe said
                                                              that we wouldn’t be audited, but I am not sure, you know, which
                                                              letter to believe. But I think the reason we opted out is because we
                                                              are relationship lenders. I mean, we want to be that interface be-
                                                              tween the lender and SBA because of—it is a complicated process,
                                                              and we want to make sure that our customers are getting the cor-
                                                              rect information, that they don’t have to learn the entire process.
                                                              We know it.
                                                                 We have been through it. We have worked with SBA for 40
                                                              years, so we want to be that interface, that relationship that we
                                                              have with both the SBA and our customer. We want to enhance
                                                              that.
                                                                 Mr. WILLIAMS. Well, a heavy-handed government is never good,
                                                              and we are seeing that here firsthand.
                                                                 Just quickly, Mr. Fisher, can you elaborate on the importance of
                                                              relationship banking for PPP forgiveness and how more govern-
                                                              ment involvement may draw out this process?
                                                                 Mr. FISHER. I just think relationship banking, that is the role—
                                                              that is the key for community bank, how we interact with our cus-
                                                              tomers, and I think it really cuts down on fraud. As I said pre-
                                                              viously, you know, we have had zero fraud. Most of the banks that
                                                              I know have had zero fraud. So I think fraud and just having those
                                                              relationships is critical.
                                                                 Mr. WILLIAMS. Well, thank you for that, and the government
                                                              cannot say that. So thank you for what you are doing.
                                                                 And I take my time and I yield it back.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 I now recognize the congress lady from Georgia, Ms. Bourdeaux.
                                                                 I would just like to also say to Mr. Fisher, when we had the first
                                                              tranche of money that went out and in the first 2 weeks it was all
                                                              gone, the data that we didn’t get from the administration then
                                                              showed that many small businesses in underserved communities
                                                              and real small businesses were not able to access any PPP money
                                                              because they didn’t have preexisting relationships with banks.
                                                                 The big banks didn’t lend to those small businesses. It wasn’t
                                                              until we intervened and we demanded from the Secretary of the
                                                              Treasury to set aside money for mission-based lenders, that those
                                                              data, those numbers didn’t change.
                                                                 The same is true now with the great work that the SBA is doing
                                                              in informing small businesses what they need to do in order to fill
                                                              out the forms and take every step to be able to—for their loans to
                                                              be forgiven.
                                                                 Ms. Bourdeaux, you are recognized for 5 minutes. Thank you.
                                                                 Ms. BOURDEAUX. Thank you, Chairwoman Velázquez, and I
                                                              have a similar line of questioning to some of the points that you




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                                                              raised. And thank you, Ranking Member Luetkemeyer, for holding
                                                              this hearing.
                                                                 This access to PPP loan forgiveness is something I have been
                                                              very concerned about since the moment I was sworn into Congress.
                                                              In particular, we have heard a lot about discrepancies in loan for-
                                                              giveness among underserved small businesses, particularly minor-
                                                              ity-owned businesses, in my community. And we did some informal
                                                              surveys of who had gotten loan forgiveness and who hadn’t and
                                                              found that minority-owned businesses didn’t know to ask, you
                                                              know, didn’t know how to follow up.
                                                                 And I think the testimony of Ms. Bilonick raises some of these
                                                              kind of unanticipated problems that often occur with some of these
                                                              very entrepreneurial, very vibrant businesses that just don’t have
                                                              that traditional relationship with a lender.
                                                                 This is one of the reasons I worked with the committee to submit
                                                              additional views to the American Rescue Plan, encouraging the
                                                              Small Business Administration to work to ensure equitable admin-
                                                              istration of emergency assistance, including PPP loan forgiveness.
                                                                 The SBA I think took a very important step towards ensuring
                                                              greater access to loan forgiveness by opening their portal to provide
                                                              forgiveness to loans less than $150,000. Unfortunately, as has been
                                                              discussed in this hearing, you know, there is a lot of—you know,
                                                              this is also creating some tradeoffs.
                                                                 But just to start off, Ms. Bilonick, can you just talk a little bit
                                                              more—you raised some of the, kind of I wouldn’t know, that I
                                                              didn’t know kind of issues that come up with some of the busi-
                                                              nesses in the Hispanic community. I have a very large Hispanic
                                                              community. You know, when they are trying to approach working
                                                              towards PPP loan forgiveness, what are some of the barriers that
                                                              they face that we may not anticipate.
                                                                 Ms. BILONICK. Absolutely. So I think one issue is just—and I
                                                              don’t think it is exclusive to the Latino community. I think for most
                                                              individuals who applied, the process of forgiveness was kind of just
                                                              a big question mark, so I don’t think that anyone is opposed to re-
                                                              lationship banking. In fact, I would say all CDFIs are heavily in-
                                                              volved in relationship banking. That is the bread and butter of the
                                                              CDFI industry. So I did take some exception to those comments.
                                                                 I think also I wanted to just raise that I think the community-
                                                              based lenders and the mission-based lenders have opted into the
                                                              portal because, unlike higher resource financial institutions, the
                                                              portal that the SBA is providing is actually an improvement over
                                                              whatever sort of internal either portal or other system, maybe even
                                                              the less sophisticated systems, that was being used internally.
                                                                 So they are directing their clients almost exclusively to the portal
                                                              because it is more straightforward, clearer, you know, just better
                                                              overall versus what they could put together in-house.
                                                                 But, yes, these challenges are real. I think—you know, just to
                                                              add one more thing, just the access to technology, I mean, in order
                                                              to access the portal, you have to have a means of accessing it.
                                                                 One other thing that our CDFI Members reported was that it is
                                                              very challenging to follow up with multiple clients. You know, I
                                                              mentioned one of our Members made 500,000 PPP loans, so to indi-
                                                              vidually follow up with each one of those borrowers would be im-
                                                              possible, and so if people change their phone numbers, close their




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                                                              business, or anything, you know, that is sort of really challenging
                                                              to try and reach them and then connect them, you know, into the
                                                              forgiveness process, period, let alone the portal.
                                                                 Ms. BOURDEAUX. I thought that was an interesting point about
                                                              I think of the housekeepers, and the landscapers, and just a ton of
                                                              this kind of very vibrant entrepreneurial economy that we have,
                                                              but often are not in, sort of, the traditional path in these relation-
                                                              ships.
                                                                 What can we do better in order to make sure that a lot of these
                                                              small businesses know about the forgiveness program and, you
                                                              know, are able to access this?
                                                                 Ms. BILONICK. Well, one thing I want to say prior to being in
                                                              this role, I actually was the head of a CDFI that is based in Wash-
                                                              ington, D.C. So during the pandemic, I was in that role. And I
                                                              think what was critical to the success of either rolling out pro-
                                                              grams or following through with them, as is happening right now
                                                              in the forgiveness process, was the direct line of communication be-
                                                              tween the SBA and the lender.
                                                                 And, so, I think you see that most in the district offices where
                                                              there is kind of a more direct relationship to the community. But
                                                              I would just actually suggest that that continue, or, perhaps, that
                                                              more resources be put behind that so that there is someone to call
                                                              up when you have a question, and you are in a community-based
                                                              organization it is just kind of a lot of red tape and paperwork that
                                                              you may not be accustomed to working with.
                                                                 So, I think having that direct tie to the SBA, and from my expe-
                                                              rience in New York and D.C., the SBA district offices are really
                                                              knowledgeable and approachable. And I just think that is sort of
                                                              a great way to connect into the overall mission of the SBA.
                                                                 Ms. BOURDEAUX. Thank you so much.
                                                                 Ms. BILONICK. Thank you.
                                                                 Ms. BOURDEAUX. We work very closely with our SBA and
                                                              SBDCs and groups like that to reach out to the broader commu-
                                                              nity.
                                                                 Thanks so much. And I yield back.
                                                                 Chairwoman VELÁZQUEZ. The gentlelady yields back.
                                                                 Now we recognize the gentleman from Minnesota, Mr. Hagedorn,
                                                              for 5 minutes.
                                                                 Mr. HAGEDORN. Thank you, Madam Chair.
                                                                 I would like to follow up on the presentation made by our Rank-
                                                              ing Member Luetkemeyer, and also Congressman Williams of
                                                              Texas. First of all, I think we are very fortunate to have someone
                                                              like Congressman Luetkemeyer who understands the community
                                                              banking business and that sector so well. And he has made some
                                                              good points, that there isn’t a lot of fraud, if any, with most of the
                                                              community banks. And the banks that have made these loans, they
                                                              know their customers, they are attentive to their customers, they
                                                              are concerned about their communities and small businesses. This
                                                              is a pretty good model of maybe something we stumbled into, but
                                                              looking at, perhaps, utilizing this for other SBA loans could mini-
                                                              mize the fraud that we have seen and help the taxpayers and help
                                                              businesses.
                                                                 Second of all, Congressman Williams comes in and says, look, he
                                                              has been in business for 50 years. He has interacted with both




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                                                              bankers in the private sector and then the SBA and others in gov-
                                                              ernment. There is a clear difference. I mean, one is attentive, one
                                                              is trying to keep customers, one is trying to get business, and the
                                                              other one is, well, if they get to it, they get to it. I mean, that is
                                                              the way bureaucracies operate. The record of the SBA throughout
                                                              this whole process was all good in some areas, but not so good in
                                                              others. And I will tell you that the businesses and the banks that
                                                              we talk to in this district, who have problems with SBA, they end
                                                              up in our office. They end up with us calling SBA trying to get
                                                              some resolution, trying to get people moving. And that really
                                                              shouldn’t be happening. The SBA should be handling these issues.
                                                                 Now I will give you my perspective, I was a congressional rela-
                                                              tions officer at Treasury for 18 years. I have seen the bureaucracy
                                                              a little bit. And I think this move by the SBA to try to gain some
                                                              control back of the PPP program when it was actually run very
                                                              well through the banks might be some, you know, and effort to re-
                                                              tain their turf. They see the writing on the wall that if we turn
                                                              over the EIDL loans and others to the banks where we can mini-
                                                              mize fraud and do better for our customers, they are going to lose
                                                              some of their power. So I think that this may be not so much to
                                                              help everybody, but just as a bureaucracy, looking out for itself.
                                                                 Now I would add, Madam Chair, I just want to do a couple of
                                                              housekeeping items with you. When do you expect that we are
                                                              going to get Secretary of Treasury Yellen to fulfill her duties and
                                                              testify before our committee in person?
                                                                 Chairwoman VELÁZQUEZ. We are working to get her to come
                                                              as well as the Administrator to discuss the PPP forgiveness, but we
                                                              are working on the reconciliation package right now. So, my guess
                                                              is right after that, we are going to have the administration come
                                                              in.
                                                                 Mr. HAGEDORN. Well, to your credit, I know you have said in
                                                              the past and you joined with our Ranking Member that you had
                                                              wished she had testified a little earlier. And, so, I appreciate you
                                                              are going to continue to try to encourage her to come before us, so
                                                              we can have a hearing.
                                                                 And secondly, and I know how important it is to forgive these
                                                              loans and make sure small businesses can move on. Most of them
                                                              have received these moneys and have utilized them, and have
                                                              helped. But there are some small businesses still out there that
                                                              this committee has an obligation to help. And they would, for in-
                                                              stance, would be in the restaurant arena with the Restaurant Revi-
                                                              talization Fund. When the moneys were expended for that, almost
                                                              $28.5 billion, they went to the people on a priority list that many
                                                              of us viewed as discriminatory. And the people who are not on the
                                                              priority list are sitting out there, well over 100,000 restaurant own-
                                                              ers and they haven’t received any money. And Congress hasn’t
                                                              done anything to follow that up to this point.
                                                                 Chairwoman VELÁZQUEZ. I——
                                                                 Mr. HAGEDORN. Well, if I could just say, I don’t think that is
                                                              fair, because people who are in the business are being helped, and
                                                              other people who may be in trouble and needing help and going out
                                                              of business are waiting. And I know the Ranking Member has a
                                                              bill, I have cosponsored it, use reconstituted money, $60 billion. I




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                                                              think let’s work together, please, and get the money to our res-
                                                              taurant owners. They really need it at this time.
                                                                 Chairwoman VELÁZQUEZ. I wish—I hear you and many others
                                                              express concerns about the fact that many underserved businesses
                                                              and the very, very small businesses didn’t get any access to PPP,
                                                              even though they tried the hardest. I wish that you were out there
                                                              compelling the big banks to provide access to those PPP. And,
                                                              so——
                                                                 Mr. HAGEDORN. I agree with you, Madam Chair. No, I agree
                                                              with you. I am not a big fan of the big banks. And I think the one
                                                              thing that has come out of the PPP program with underserved
                                                              folks is they do now have a banking relationship with community
                                                              banks and others. And they are in better position long-term in
                                                              order to help their small businesses and to be successful. So for
                                                              that, I think we should be——
                                                                 Chairwoman VELÁZQUEZ.—that the numbers were there for
                                                              the world to see.
                                                                 Mr. HAGEDORN. Okay. All right.
                                                                 Thank you, Madam Chair. I yield back.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 Now we recognize the gentlelady from California, Ms. Chu, for 5
                                                              minutes.
                                                                 Ms. CHU. Yes. Ms. Ward, you state in your testimony that three
                                                              quarters of the PPP loans issued in 2020 included no demographic
                                                              information. This is something I pushed hard to correct, and even
                                                              most recently, sent a letter to the Biden administration asking
                                                              them to look into racial disparities in PPP. And the lack of infor-
                                                              mation caused the L.A. Times to publish a report where they
                                                              looked at Census tracts in LA. And they found out that businesses
                                                              in majority White neighborhoods received loans at twice the rate
                                                              that majority Latino Census tracts received 1.5 times the rate of
                                                              businesses in majority Black areas, and 1.2 times the rate in Asian
                                                              areas.
                                                                 So, now we are in the forgiveness phase. So can you elaborate
                                                              on why this kind of data transparency is necessary? And do you
                                                              have recommendations on how to correct the data gap in the for-
                                                              giveness process? If we don’t have this kind of data, what do you
                                                              feel businesses would stand to suffer?
                                                                 Ms. WARD. Thank you. I think SBA has taken steps to do a bet-
                                                              ter job having lenders collect demographic data. And I think that
                                                              is really critical and important, because then we can see what com-
                                                              munities are being served by these programs, and where we as
                                                              lenders, SBA, Congress, need to do more to make sure that these
                                                              dollars are distributed fairly and forgiven fairly.
                                                                 I will say because of the crisis and the short time period to get
                                                              a limited amount of funds, SBA was building this plane while it
                                                              was already in the air. And there were constant changes, constant
                                                              improvements made, constant clarifications, and that made it real-
                                                              ly hard for borrowers to keep up. But by and large, what we saw
                                                              was an organization, an agency trying to get this product out as
                                                              quickly as possible. I think they had this entirely new loan pro-
                                                              gram available to small businesses within about 2 weeks of Con-
                                                              gress passing this. That’s unprecedented. So I really want to ap-
                                                              plaud SBA. With their resources, this became an overwhelming




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                                                              challenge. I am very happy to see that they have now been able
                                                              to develop their own direct forgiveness portal, because there were
                                                              lots of, especially the community lenders, and smaller lenders,
                                                              CDFIs that did not have the resources to develop their own. And
                                                              for those, SBA’s direct portal is a significant improvement allowing
                                                              a lot more borrowers quicker access to forgiveness.
                                                                 For lenders that had already created their portals like Self Help,
                                                              like some of the other lenders here today, limiting borrowers op-
                                                              tions to get forgiven is not the right way to go. So while I applaud
                                                              SBA for creating direct forgiveness, I think that will help get more
                                                              of these loans through the forgiveness process, lenders that are
                                                              doing a good job should be able to keep working with their bor-
                                                              rowers.
                                                                 Ms. CHU. So Ms. Ward, but I was asking about demographic in-
                                                              formation. And so, you know, how can we correct this? And with
                                                              the forgiveness portal, can we actually get that demographic infor-
                                                              mation?
                                                                 Ms. WARD. Yes, I apologize. I didn’t mean to get off track with
                                                              your question.
                                                                 SBA has made changes to collect demographic information with
                                                              the forgiveness process. So that is part of the information that SBA
                                                              is trying to collect now on the forgiveness side that, in the early
                                                              days and the loan application initially, those questions weren’t
                                                              asked and that makes it very hard to see where these funds were
                                                              going.
                                                                 Ms. CHU. Let me ask about sole proprietors, and micro busi-
                                                              nesses and the unique challenges that they face. I want to make
                                                              sure that they get the full benefit of the programs, since so many
                                                              were devastated. Can you speak how the SBA direct forgiveness
                                                              portal would benefit the sole proprietors specifically? Is the portal
                                                              more accessible for them than the ones operated by their lenders
                                                              or not? And which of your recommendations in your written testi-
                                                              mony would be most helpful for those sole proprietors or these
                                                              micro businesses to access forgiveness and relief?
                                                                 Ms. WARD. Well, I think in cases where sole proprietors have a
                                                              lender that already has a portal or is already doing is good job
                                                              processing forgiveness, that is probably their best place to keep
                                                              going with the process. As you noted for sole proprietors, inde-
                                                              pendent contractors, self-employed, the rules were pretty complex.
                                                              And if you are a micro business, you are your accounting depart-
                                                              ment, you are your legal team, you are your marketing team, and
                                                              you are trying to run your business. So having your lender—if your
                                                              lender is working with you, helping you understand these complex
                                                              rules, as you are entering your forgiveness information—we think
                                                              that is better.
                                                                 Now SBA’s direct portal SBA does have people manning and
                                                              FAQs. But the nitty-gritty and details, especially for the smallest
                                                              borrowers, we still think that is pretty complicated. And I still
                                                              think the lender should be helping their borrower as they enter it,
                                                              so there is not a lot of back and forth afterwards. We just think
                                                              that is a smoother process, and hopefully, we will speed forgiveness
                                                              for these smallest borrowers, too.
                                                                 Ms. CHU. Thank you.
                                                                 I yield back.




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                                                                 Chairwoman VELÁZQUEZ. The gentlelady yields back.
                                                                 Now we recognize the gentleman from Minnesota, Mr. Stauber.
                                                                 Mr. STAUBER. Thank you, Madam Chair. And thank you, Rank-
                                                              ing Member Luetkemeyer, for holding this hearing. It is very im-
                                                              portant. And I will just say that one of the—I have really, really
                                                              strong concerns about the leadership at the SBA under Adminis-
                                                              trator Guzman. I can tell you that when our small businesses get
                                                              information stating that they should or better opt in, otherwise
                                                              they are going to be subject to audits, et cetera, that is the heavy
                                                              hand of the government that I will fight against tooth and nail. I
                                                              know many of us on both sides of the aisle, that is not how we
                                                              treat our small businesses that just coming out of COVID, just
                                                              struggling to make it. And, so, I will just say that first, we can’t
                                                              rule, or have SBA and this administrator rule with a heavy hand.
                                                                 And I wanted to say, earlier we talked about the PPP and some
                                                              banking, my comment is our local lending institutions did a tre-
                                                              mendous job with very little information upon the distribution of
                                                              the PPP loans. With very little information, they did it in a quick
                                                              way. But I just want to publicly thank our lending institutions that
                                                              helped so many businesses stay afloat and helped people keep their
                                                              doors open during the COVID crisis.
                                                                 I will also say that Administrator Guzman who was in our great
                                                              State of Minnesota at an event, and her partisanship showed very
                                                              well. Myself and Congressman Hagedorn, we are both Members of
                                                              this committee, weren’t invited by her or any of her staff. And I
                                                              will say that my staff, both in the district and in Washington, D.C.
                                                              have been very, very concerned with the lack of effort and the lack
                                                              of response that Administrator Guzman and her staff have given
                                                              to us when we have requested information. Either they are late,
                                                              slow or no response. And that is just simply unacceptable and the
                                                              partisanship on her end must stop. Her actions speak loud and
                                                              clear. I should say her partisan actions speak loud and clear.
                                                                 So my question, Mr. Fisher, what has communication from the
                                                              SBA been like for the lenders? Has guidance been clear, especially
                                                              as it relates to forgiveness? And have you had difficulty getting an-
                                                              swers to any of your questions? Mr. Fisher.
                                                                 Mr. FISHER. It has been problematic throughout the whole proc-
                                                              ess. And I don’t want to—I mean, SBA did a good job building the
                                                              system, as Ms. Ward said on the fly. We were basically flying from
                                                              New York to L.A. building the plane as we were going. So I con-
                                                              gratulate SBA on their efforts to put this all together.
                                                                 But it has been problematic getting answers from SBA. And that
                                                              is why we have always felt it is important to be that buffer be-
                                                              tween the customer and SBA, because we can—we have relation-
                                                              ships with people at SBA. And even having those relationships, it
                                                              has been difficult to get clarity and answers on complicated ques-
                                                              tions.
                                                                 Mr. STAUBER. Thank you very much for that answer.
                                                                 And are you concerned with new SBA direct forgiveness portal?
                                                              And if you are, when would you instead like to see moving for-
                                                              ward? And how might Congress help?
                                                                 Mr. FISHER. I am not concerned with the portal. I think as far
                                                              as having that portal, I think it is a great option for maybe some
                                                              banks or other institutions that don’t have a forgiveness method.




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                                                              But I think, don’t force people’s hand into utilizing the portal. I
                                                              think having those relationships with the borrowers is really, I
                                                              think—you know, we create that buffer and we can help with those
                                                              complicated questions. And I think even Ms. Ward alluded to the
                                                              fact that some of our smaller borrowers—I mean, our smallest loan
                                                              was $430, but some of those are some of the more complicated
                                                              questions that arise. And so, if we can help answer those questions
                                                              based on relationships we have had for 40 years, that is what we
                                                              try and do.
                                                                 Mr. STAUBER. Mr. Fisher, I appreciate those answers. And you
                                                              are one of the institutions that helped keep our small businesses
                                                              afloat. You know, as well as I do, 16, 17 months ago you didn’t
                                                              have the answers, and we didn’t either, and so we were working
                                                              through it. And our lending institutions across this nation deserve
                                                              so much credit for helping us out, and helping get that capital
                                                              where it was needed in a short period of time.
                                                                 So with that, as we move forward here, I think that we ought
                                                              to make sure that—we always talk about the economic drivers in
                                                              our communities are our small businesses. And we need to take
                                                              care of our small businesses. As Mr. Fisher said, that—know the
                                                              customer, that relationship building is extremely important to—
                                                              having been in small business for 31 years, I understand that rela-
                                                              tionship with the banking and the bankers and the institutions are
                                                              incredibly important.
                                                                 So with that, Madam Chair, I will yield back. Thank you.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 Now we recognize the gentleman from Pennsylvania, Mr. Evans,
                                                              for 5 minutes.
                                                                 Mr. EVANS. Thank you, Madam Chair.
                                                                 I understand—Ms. Ward, I understand your CDC works with
                                                              many borrowers who may require extra assistance when applying
                                                              for PPP loans. What kind of challenges are these borrowers facing
                                                              during the forgiveness stage?
                                                                 Ms. WARD. Thank you. The biggest challenges we are seeing for
                                                              our borrowers during forgiveness are borrowers who misunderstood
                                                              the rules because they were changing rapidly at the time, and
                                                              made good faith errors in calculating their loan amount. Borrowers
                                                              were responsible for calculating their own loan amount and deter-
                                                              mining their own eligibility. And, so, we are seeing businesses that
                                                              are—you know, they have spent these funds on their business with
                                                              the understanding that this would be a grant. They made choices
                                                              as to how they would keep employees staffed and paid based on the
                                                              understanding that this was going to be a grant. You know, some
                                                              tell us they wouldn’t have taken it if they had known they would
                                                              have to pay it back, because the last thing they need in an eco-
                                                              nomic crisis is additional debt.
                                                                 So, we really strongly feel that these smallest businesses espe-
                                                              cially that are suffering from good faith errors, that they be al-
                                                              lowed the forgiveness that was intended, that they relied on. We
                                                              also think for businesses in this size range, these micro-businesses,
                                                              loans up to about $25,000, by and large, especially for one-person
                                                              businesses—they would qualify for full forgiveness. And having
                                                              them go through the paperwork burden of applying for a separate
                                                              application for a business that small is a significant burden, and




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                                                              we think automatic forgiveness for those loans would be appro-
                                                              priate. We absolutely do not think that SBA should stop inves-
                                                              tigating fraud, and doing automatic forgiveness would not remove
                                                              SBA’s ability to investigate red flags, and fraud, and go after any-
                                                              one who has lied about having a business or created false docu-
                                                              ments to try and bump up their loan amount, those should be pros-
                                                              ecuted. But giving automatic forgiveness and taking this extra bur-
                                                              den off the smallest businesses would not prevent SBA from inves-
                                                              tigating those cases.
                                                                 Mr. EVANS. Let me follow up. What options exist for borrowers
                                                              who PPP lending is not being responsive to forgiveness requests?
                                                              What options would you say?
                                                                 Ms. WARD. So I think SBA should absolutely be monitoring
                                                              lenders to make sure that they are processing forgiveness applica-
                                                              tions within a reasonable timeframe. Borrowers should not be
                                                              left—the worst thing in the world for a small business is uncer-
                                                              tainty. And if they are stuck not being able to apply for months on
                                                              end, or they are under review for months on end at SBA, that un-
                                                              certainty is keeping those borrowers from knowing whether they
                                                              will be forgiven, whether they have funds that they can spend to
                                                              invest in new employees, to expand in their communities. If they
                                                              don’t know yet if they are going to be forgiven, they cannot make
                                                              those investments.
                                                                 It is critical that SBA focus its review on the larger and higher-
                                                              risk issues when they are doing their manual reviews. Work on
                                                              those so that those, too, can be processed more quickly, so that bor-
                                                              rowers that applied in good faith are not penalized.
                                                                 For the smaller loans, the SBA has a series now of red flags,
                                                              things that flag fraud for them that can help them go back and
                                                              look at those small loans that need SBA review.
                                                                 Mr. EVANS. I thank you.
                                                                 I yield back, Madam Chair. Thank you very much for this hear-
                                                              ing and this opportunity, Madam Chair.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 Now we recognize the gentleman from Pennsylvania, Mr.
                                                              Meuser.
                                                                 Mr. MEUSER. Thank you, Madam Chair Velázquez, and thank
                                                              you, Ranking Member Luetkemeyer, that you to our testifiers.
                                                                 So, certainly, the PPP, I think we virtually all agree, saved liveli-
                                                              hoods. It worked out well, certainly from my district throughout
                                                              Pennsylvania, and the SBA staff in Pennsylvania was very helpful
                                                              along the way. As a matter of fact, taking calls at 7:00 a.m. and
                                                              sometimes 11:00 p.m. for a number of months there. And the SBA
                                                              should be an advocate, I think, almost by definition, for small busi-
                                                              ness. So the PPP was successful because it was created by the
                                                              Trump administration Treasury Department, but was driven and
                                                              administrated by the private sector, with the support of the SBA.
                                                              So, you know, public-private partnership, if you will. And it cer-
                                                              tainly worked out well.
                                                                 Now, the EIDL loans, and I know that is a challenging subject
                                                              to bring up was a very different story, and was, in fact, run exclu-
                                                              sively by the SBA. So the SBA is serving as an advocate for small
                                                              business. Wouldn’t, then, the SBA have checked with the commu-
                                                              nity banks beforehand before sending out such a letter? And basi-




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                                                              cally mandating and strongly encouraging the use of this direct for-
                                                              giveness portal?
                                                                 Mr. Fisher, were you or any of the community bank associations
                                                              advised or asked for their input on the requirement to use a direct
                                                              forgiveness portal?
                                                                 Mr. FISHER. No, we were not advised that this was going to be
                                                              mandatory or pushed down on the banks. I mean, forgiveness has
                                                              been going on since September of last year.
                                                                 Mr. MEUSER. Right, yeah. And this email was just received just
                                                              this Monday morning, correct?
                                                                 Mr. FISHER. Correct.
                                                                 Mr. MEUSER. And did they explain at all why it was so impor-
                                                              tant, that even though as we discussed, minimal fraud and prob-
                                                              lems, why this portal would be would be so necessary? Did they go
                                                              over that with you?
                                                                 Mr. FISHER. They have not, no.
                                                                 Mr. MEUSER. And the letter, the email that came out for the
                                                              direct forgiveness stating that many banks—it seemed that it was
                                                              many, were managing their accounting and financials through
                                                              2022 as part of a better accounting plan for themselves. Is that
                                                              something that has been discussed, or you think is a widespread
                                                              issue?
                                                                 Mr. FISHER. Not with the community banks that I know. We all
                                                              want to get those loans off of our books and get the loans forgiven
                                                              for our customers. That has been our plan since day 1. This was
                                                              always deemed a short-term solution to help or small businesses
                                                              customers and help our communities survive.
                                                                 Mr. MEUSER. Right. And all of my community banks through-
                                                              out my district, same thing. I mean, the needs of their customers
                                                              certainly outweigh some, perhaps, improvement of accounting for
                                                              2022.
                                                                 So, back to this email. You know, just looking at it here, the au-
                                                              dits, as you quoted, SBA warned avoid, that wasn’t in the letter,
                                                              but avoid lender audits—to avoid lender audits, we encourage the
                                                              direct forgiveness portal being utilized. Maybe I am paraphrasing.
                                                              It wasn’t really written like a small business advocate. What was
                                                              your thought? What were you and your colleague’s thoughts when
                                                              you received that language?
                                                                 Mr. FISHER. We hoped to have all of our loans forgiven from
                                                              both rounds before the end of the year. So personally, I am not
                                                              overly concerned about being audited. They are not going to find
                                                              anything if they come in. But, I mean, nobody wants to get audited
                                                              by the SBA. So I mean, it didn’t sit well with me, especially be-
                                                              cause we had been working so hard on forgiveness for our cus-
                                                              tomers.
                                                                 Mr. MEUSER. Yeah. Okay. No, I would agree if I think if I was
                                                              sitting in your seat.
                                                                 I just think it is clear that the portal for direct forgiveness must
                                                              remain an option with no perceived or implied penalties whatso-
                                                              ever, and certainly, we need to maintain a high level of integrity
                                                              with the program.
                                                                 With that, Madam Chair, I yield back. Thank you.
                                                                 Chairwoman VELÁZQUEZ. The gentlemen yields back.
                                                                 I don’t think there are any other Members. Yes.




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                                                                 Ms. HOULAHAN. Madam Chair, I am here, Rep Houlahan.
                                                                 Voice. Represent Tenney as well.
                                                                 Chairwoman VELÁZQUEZ. Yes. I can see you.
                                                                 I recognize the gentlelady from Pennsylvania, Ms. Houlahan for
                                                              5 minutes for questions.
                                                                 Ms. HOULAHAN. Thank you, Madam Chair. And thank you
                                                              very much to all of you for joining us today.
                                                                 I have just a couple of really quick questions, and my first one
                                                              is to Ms. Ward. I understand that in your written testimony, you
                                                              shared that there is a need to alleviate unnecessary paperwork
                                                              burdens for the smallest of businesses. And you shared that the
                                                              need should be expanded to simplify forgiveness applications for
                                                              loans all the way up to and including 350K. Would you be able to
                                                              speak a little bit more in this forum in depth about that, and why
                                                              we might need to expand the simplified forgiveness applications for
                                                              PPP from what exists now at 150K to 350K?
                                                                 Ms. WARD. Thank you. I think anything we can do to simplify
                                                              the process for more small businesses is useful and helpful. I think
                                                              expanding that up to 350 poses minimal additional risk to program
                                                              funds, those loans are still reviewable, but it lessens the burden of
                                                              submitting documentation, makes it more efficient because then all
                                                              of that documentation does not have to be reviewed, and gone
                                                              through, and back and forth with the lender and the borrower be-
                                                              fore it is even submitted to SBA. SBA maintains still the right on
                                                              all loans to ask for underlying documentation if they choose. But
                                                              bumping that up, we think, would just make this process easier for
                                                              more businesses. We think that is appropriate. Automatic—sorry,
                                                              go ahead.
                                                                 Ms. HOULAHAN. Do you have an appreciation, or an estimate,
                                                              for how many of the total number of loans would then represent
                                                              with 350K and below?
                                                                 Ms. WARD. I think—I shouldn’t speak to one, because I probably
                                                              don’t have the right number in my head—I think if you go up to
                                                              the 350,000 level, you are getting over 90 percent of our PPP loans
                                                              that have been made through that more streamlined process. And
                                                              that allows SBA’s resources and lenders’ resources to focus on the
                                                              larger and higher-risk loans and make sure that those documenta-
                                                              tion, supporting invoices, supporting payroll documentation, is re-
                                                              viewed to protect these loans.
                                                                 Ms. HOULAHAN. Thank you so much, Ms. Ward.
                                                                 My final question was for Ms. Bilonick. I was also hoping that
                                                              you would be able to elaborate and articulate on how the SBA can
                                                              continue to improve the forgiveness process for those underserved
                                                              borrowers, those specifically who may not have attorneys or ac-
                                                              countants on staff to help them through that process. What else
                                                              can the SBA be doing to be able to improve that process for them?
                                                                 Ms. BILONICK. Well, if I could give my wish, I would say that
                                                              if there could be support for those organizations that are working
                                                              with the small businesses and funneling them through the portal,
                                                              I think most CDFIs and other small businesses using nonprofits in
                                                              the communities that my organization represents, they are not just
                                                              giving folks sort of, Here is the website for the portal. They are
                                                              really walking through and providing hand-in-hand support to the




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                                                              borrowers to, you know, understand what is being asked, under-
                                                              stand—you know, upload documents, all of that.
                                                                 So it is really not a hands-free kind of situation. So I think wher-
                                                              ever resources could be put to support that extra labor, I think ev-
                                                              eryone has rolled up their sleeves during the pandemic to just do
                                                              whatever it is that is necessary, but a lot of this work is not ac-
                                                              counted for. And, you know, it is just kind of being provided with-
                                                              out resources to back it up. So if there were anything like that.
                                                                 And then just to repeat my prior point, you know, the district of-
                                                              fices being a lifeline for community-based organizations to ask
                                                              questions, to funnel any doubts, it is just very, very helpful to have
                                                              that direct person that is answering a phone, rather than looking
                                                              at FAQs, because each loan is so particular. I think all of our lend-
                                                              ers on the call would agree. And, so, it is really challenging to have
                                                              straightforward rules that apply to every deal.
                                                                 And then, just really quickly, I just wanted to respond to the
                                                              thing about the 350—raising it up to 350 would bring it up to 94.2
                                                              percent of all the PPP loans. So it is just an increase an increase,
                                                              a bump-up of 7.7 percent.
                                                                 Ms. HOULAHAN. Thank you. I really approach that that.
                                                                 And with that, I yield back. Madam Chair.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 The gentlelady yields back.
                                                                 Now we recognize the gentlelady from New York, Ms. Tenney, for
                                                              5 minutes for questions.
                                                                 Ms. TENNEY. Thank you, Madam Chair. And also thank you to
                                                              Ranking Member Luetkemeyer. I just really appreciate your hold-
                                                              ing this important hearing on PPP. It has been a lifesaver for my
                                                              community. A small business community is what drives the econ-
                                                              omy in my region. And we are so grateful that we were able to
                                                              have that program, and how effectively it was done through our
                                                              small community banks and credit unions. And I know that work-
                                                              ing with our credit unions and banks, as a former bank attorney,
                                                              and also as a small business owner, how critically important it was
                                                              for us to have access to these unfortunately dwindling number of
                                                              community banks and credit unions that we can build our relation-
                                                              ships with. And that is why I am very concerned about the letter
                                                              that was received, somewhat threatening letter from SBA, to—the
                                                              email, I should say, from SBA to lenders to avoid lender audits, en-
                                                              couraging them to move into the direct forgiveness program, in-
                                                              stead of working through their own institution, where they have
                                                              originated the loan, where they have actually had the community
                                                              bank. They have had the community relationship with these par-
                                                              ticular lenders in a business community where they know what the
                                                              risks are, they know what the community needs. And they also un-
                                                              derstand the businesses in the community.
                                                                 And my first question I would like to direct to Mr. Fisher. And
                                                              I am so grateful that he is on, you know, a frequent guest and
                                                              great expert on this issue. Also, our president of the Independent
                                                              Community Bankers Association, so congratulations for that dis-
                                                              tinction as well. But, I know you have been asked this, but I want
                                                              you to give us a little bit more of the real implications of this coer-
                                                              cive letter, or email, that you received from SBA about encouraging
                                                              your business customers and your businesses to move over to the




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                                                              SBA portal, as opposed to using your bank and your system as the
                                                              forgiveness site, because I am concerned about some of the privacy
                                                              concerns and the liability of the bank in giving up that information.
                                                              Could you maybe address that, Mr. Fisher?
                                                                 Mr. FISHER. Yeah, I am not sure about the liability issue, but
                                                              as far as just, you know, we have systems in place. We are actively
                                                              working with all of our PPP customers pursuing forgiveness. We
                                                              work with them. And back to one of the previous questions, you
                                                              know, I think the easiest way to have customers, if they are having
                                                              difficulty with PPP forgiveness, go to a community bank. We will
                                                              gladly help you walk through the process. Even if it is not our loan,
                                                              we will help figure it out for you so——
                                                                 But being coerced to have to work it through a direct forgiveness
                                                              portal with the SBA, I think that is problematic. I mean, they are
                                                              not going to get the same level of service that they will get coming
                                                              to my bank. I know that we know the customer. We live here. We
                                                              work here. We work with them. And so, it is concerning that we
                                                              are kind of being coerced to go down that path of sending our cus-
                                                              tomers directly to SBA without having that interface that they can
                                                              work through us and a get the solution through us.
                                                                 Ms. TENNEY. Yeah. And as fellow New Yorkers, I am always
                                                              concerned about when the government is interfering in these rela-
                                                              tionships that banks have. And you describe so eloquently the im-
                                                              portance of character lending and community banking relation-
                                                              ships. And those have been vital to many in our community who
                                                              rely on those dwindling number of community banks. But you pro-
                                                              vide such a great resource to so many, whether it is a farmer, or
                                                              another kind of small business owner, restaurant, some of the not
                                                              for-profit that you described that you were doing PPP loans with.
                                                              Those businesses are vital. And you, as a Member of the commu-
                                                              nity, understand that. It is not like they call an 1-800 line. And for
                                                              a bureaucracy in Washington to interfere in that process, that con-
                                                              cerns me. And I think the efficiency that you pointed out earlier
                                                              in the PPP program of using our community lenders is really—is
                                                              worthy of commendation. That is a good move. And also, less reli-
                                                              ance on the bureaucrats in Washington, and more reliance on peo-
                                                              ple that are closer to our community. I really appreciate those com-
                                                              ments that you made. And I would also like to echo the comments
                                                              of my colleague, Mr. Stauber, on—my staff and many of our con-
                                                              stituents have come to us concerned about the problems they have
                                                              had with SBA. So to me the fact that we have wonderful institu-
                                                              tions, like community banks, community credit unions, that serve
                                                              customers so directly, I think that is a huge win. And I just think
                                                              it is a mistake that they are using any kind of coercive tactic.
                                                                 So I want to thank you for that. And thank you for also indi-
                                                              cating that in your testimony, that you have zero fraud and 100
                                                              percent forgiveness rate and you are working through every one of
                                                              these. So that is really important to know about the accountability
                                                              aspect of this as well.
                                                                 I don’t know how much time I have left, but I wanted to just get
                                                              a quick question to Ms. Payne about the credit union aspect of this,
                                                              and some of the direct consequences, or some of the experiences
                                                              you have had on the credit union side. If you can quickly tell me
                                                              that, because I think I am running out of time.




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                                                                 Ms. PAYNE. Well, I would like to, then, quickly maybe, share a
                                                              direct quote from one of our Members who was recently forgiven.
                                                              And this is from an email. ‘‘Hopefully, you are able to hear our
                                                              screams of delight. Thank you so much. This is an enormous relief.
                                                              Please let everyone there know how important this is to us.
                                                              Affinity’s communication systems responsiveness and empathy dur-
                                                              ing really trying times was second to none. You guys rock.’’
                                                                 That is a relationship. And that is the critical piece here.
                                                                 Ms. TENNEY. Yeah. Thank you so much. That is fantastic.
                                                                 And I don’t mean to disrespect there are many great people that
                                                              work for SBA, but who are on the ground with customers and you
                                                              are relationship building, you depend on these people and they de-
                                                              pend on you. And I think that the last thing we need is Wash-
                                                              ington bureaucrats to interfere with that. And I do think that this
                                                              is a lit bit of mission creep for the SBA to move away from their
                                                              job of helping small businesses to get into a banking relationship,
                                                              and interfering in that important relationship with our small busi-
                                                              nesses community. And I have heard the same. I think this is a
                                                              great program. And to end it, interfering in that ability to forgive
                                                              these loans, which was intended as a grant program, as Mr. Fisher
                                                              referred to in his testimony, it would be a mistake. And I think
                                                              that going down the path of accountability, particularly with people
                                                              like the small business—small community banks, small community
                                                              credit unions, you have something at stake, you have skin in the
                                                              game. And I think that is why you are so good at doing this. And
                                                              that is why I think the program was so successful.
                                                                 I want to thank all of the witnesses and everyone. This is really
                                                              important. I hope you will continue it work hard on these issues
                                                              and help our small business community. We are really grateful to
                                                              you.
                                                                 And thank you very much, Madam Chair, and Ranking Member
                                                              Luetkemeyer. I yield back.
                                                                 Chairwoman VELÁZQUEZ. The gentlelady yields back.
                                                                 Now we now recognizes the gentleman from Minnesota, Mr. Phil-
                                                              lips, for 5 minutes.
                                                                 Mr. PHILLIPS. Thank you, Madam Chair. And greetings to my
                                                              colleagues and to our witnesses. Gratitude for you all being with
                                                              us.
                                                                 My question is about the bank fees relative to the PPP program.
                                                              And the Washington Center for Equitable Growth indicated that
                                                              banks reaped about $18 billion in fees that were associated with
                                                              processing PPP loan applications. And I would like to hear from
                                                              you, whichever of our witnesses want to begin, to help describe the
                                                              bank fee structure that was implemented through PPP to provide
                                                              the incentives to issue the loans, and whether you think that in
                                                              part, at least, it explains why some of the largest lenders were re-
                                                              luctant to push forgiveness through using the SBA’s direct forgive-
                                                              ness portal? Any thoughts from any of our witnesses on that sub-
                                                              ject?
                                                                 Ms. WARD. I am happy to take the first slab to try and answer
                                                              that. So first, I would say, I am not aware, and would be surprised
                                                              to see that there are lenders trying to delay the process for pur-
                                                              poses of when their fees are booked. I have not heard that and that
                                                              would surprise me. If that is happening, SBA should be applying




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                                                              significant pressure on those lenders. That would just be unaccept-
                                                              able.
                                                                 The fee structure that was put in place, really, initially, I think
                                                              Congress made an effort to ensure that even the smallest busi-
                                                              nesses had access to PPP, but because Congress structured it with
                                                              a larger percentage fee on the smallest loans. Unfortunately, even
                                                              a larger percentage fee on a $5,000 loan does not give the lender
                                                              the reimbursement for the resources they used to do that loan. So
                                                              lenders that were able to do large PPP loans were able to generate
                                                              large enough fees to offset their costs.
                                                                 Lenders like community lenders, CDFIs, a lot of the lenders that
                                                              worked primarily with the smallest businesses and micro busi-
                                                              nesses, probably did not receive enough fee income to cover their
                                                              costs, depending on the volume that they did. Self-Help among
                                                              CDFIs is a little unique in that we were able to work with over 70
                                                              percent of our loans were to those smallest borrowers, under
                                                              $50,000. Our median loan size was just with over $20,000. But we
                                                              also, because we were helping some of the nonprofits serving the
                                                              community, we were helping some larger employers keep their em-
                                                              ployees on staff. We were able to do some of those larger loans to
                                                              help offset costs.
                                                                 But we had real concerns about the fee structure for community
                                                              lenders and CDFIs that were working almost exclusively on those
                                                              tiny loans, and Congress did address that when it brought out the
                                                              2021 PPP——
                                                                 Mr. PHILLIPS. Right.
                                                                 Ms. WARD.—by putting in a minimum fee amount for those
                                                              lenders so they could cover costs.
                                                                 Mr. PHILLIPS. I appreciate that.
                                                                 Ms. Payne, Ms. Bilonick, any perspectives on the same question
                                                              you want to share?
                                                                 Ms. PAYNE. I would like to add that going into this in the envi-
                                                              ronment that we were in with the pandemic, I don’t know that, for
                                                              us, it was really member-based. We needed to help our Members.
                                                              The fee structure was basically secondary. We needed to get
                                                              through this, and we needed to get through it together, and this
                                                              is what we needed to do for our member base.
                                                                 Mr. PHILLIPS. I appreciate that.
                                                                 Before my time expires, I know that a number of borrowers were
                                                              contacted by their bank saying that they received more than their
                                                              allowable funding, and are responsible to pay it back, of course, de-
                                                              spite having, in many cases, used the money for forgivable ex-
                                                              penses. So at what stage do you think it would have been appro-
                                                              priate for that to be communicated to borrowers and by whom? Do
                                                              you think it is the lender’s job or the SBA? Any thoughts on that
                                                              subject?
                                                                 Ms. PAYNE. I can jump in to try to answer that. I don’t know
                                                              with the ever-evolving guidance and such what might have been a
                                                              good time. It is hard to say.
                                                                 Mr. PHILLIPS. Yeah.
                                                                 Ms. PAYNE. But I do think from the beginning, the message to
                                                              these borrowers was, if you use it the right way, you will be for-
                                                              given. And I think that is the message that, you know, that so
                                                              many of us heard as the borrowers did.




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                                                                Mr. PHILLIPS. Right.
                                                                Ms. PAYNE. This was temporary.
                                                                I think it depends for us, we are happy to give that message
                                                              when it does happen, if there was partial forgiveness or something
                                                              otherwise. We are happy to give that because we have the relation-
                                                              ship and can fully explain it to our borrowers so that they under-
                                                              stand, and then hopefully help them with any other needs that
                                                              they may have going forward with that.
                                                                Mr. PHILLIPS. Hear, hear.
                                                                With that, I yield back. And I thank you all again for being with
                                                              us today.
                                                                Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                Now we recognize the gentleman from New York, Mr. Garbarino,
                                                              for 5 minutes.
                                                                Mr. GARBARINO. Thank you, Chairwoman. And thank you to
                                                              the Ranking Member for having this hearing as well. Thank you
                                                              to the witnesses that are here today. I have appreciated your testi-
                                                              mony so far.
                                                                I want to start with Mr. Fisher, because it is sort of a follow up
                                                              to what him and Ms. Tenney were talking about and how you have
                                                              been dealing with customers looking for forgiveness and your Mem-
                                                              bers have dealt with them all the way up through the processing
                                                              application and whatnot. Have you come across any small business
                                                              customers that have not opted to seek forgiveness?
                                                                Mr. FISHER. We have had some customers that are slow to seek
                                                              forgiveness. But, you know, no, they all want to get forgiven. It is
                                                              just, some are quicker to try and apply for it than others.
                                                                Mr. GARBARINO. Is that the same instance for you, too, as well,
                                                              Ms. Payne, with your Members?
                                                                Ms. PAYNE. We have seen some, not many at all. Several of our
                                                              borrowers have opted not to apply for forgiveness. The only input
                                                              that we have heard from them is that they felt that they did not
                                                              spend the money fully in line with the PPP guidance, and that is
                                                              all I can really say on that.
                                                                Mr. GARBARINO. They don’t think they qualify for forgiveness?
                                                              Okay. All right. Thank you.
                                                                Mr. Fisher, back to you. How much staff have you dedicated to
                                                              PPP, as well as how much staff do you have dedicated working on
                                                              PPP forgiveness?
                                                                Mr. FISHER. Initially it was kind of all hands on deck. We prob-
                                                              ably—I mean, I have 100 FTEs at the bank, a little less than that.
                                                              But we probably had 20 people that were working around the clock,
                                                              weekends, trying to get PPP applications into the SBA. The forgive-
                                                              ness phase we have automated some of that. So we are really using
                                                              about three people, two to three people to handle the forgiveness
                                                              phase. And it has been very efficient and pretty effective for us.
                                                                Mr. GARBARINO. And Ms. Payne, your organization?
                                                                Ms. PAYNE. It is going to sound very similar. It was all hands
                                                              on deck as well. And we actually brought on three temporary em-
                                                              ployees to help us through the PPP forgiveness process. And it has
                                                              been working very well for us. And we have automated our plat-
                                                              form as well.
                                                                Mr. GARBARINO. Okay. And finally, I guess what—PPP was big
                                                              in getting funding out the door when it was first going. That was




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                                                              a big question to employers, how they are going to keep open and
                                                              PPP was a big help. For many of the witnesses, Ms. Payne, Mr.
                                                              Fisher, anyone, what are you hearing specifically now? Now that
                                                              the PPP programs—what concerns are you hearing from small
                                                              businesses now?
                                                                 Mr. FISHER. I think the big concern right now is what is going
                                                              to happen with this next wave, if it is going to lead to shutdowns.
                                                              We are seeing mask mandates for schools and things like that. So
                                                              I still think there is a lot of uncertainty with business, which is al-
                                                              ways problematic, so.
                                                                 Mr. GARBARINO. Uncertainty over the regulations on how to
                                                              handle it if there is another—I don’t think there will be, but if
                                                              there is another shutdown?
                                                                 Mr. FISHER. Correct. Yeah.
                                                                 Ms. BILONICK. I was just going to add that from our perspec-
                                                              tive there is lot concern around workforce. So there is just not
                                                              available workforce for a lot of industries that were hardest hit,
                                                              and that are now trying to reopen and reboot. And that is just
                                                              something that is coming up very frequently.
                                                                 Mr. GARBARINO. I have heard that a lot from every industry
                                                              I think, from construction, to restaurants, manufacturing, to retail.
                                                              Everybody is having trouble right now finding workforce. But as for
                                                              programs, like PPP, is there something we could do better next
                                                              time, you know, if there is another shutdown? Like, what should
                                                              we address on how this program ran out, or how we ran this pro-
                                                              gram compared to what we should have done? Like, what can we
                                                              do better? For anybody?
                                                                 Ms. WARD. I would say we at least have a template now, even
                                                              if this exact same program was put in place, there is lot more clar-
                                                              ity. That is a huge improvement. One of the biggest challenges was
                                                              that almost daily, changes came through during the duration of
                                                              this program, and it really made it impossible for borrowers to
                                                              know whether they were eligible or how much they were eligible
                                                              for. So that would be an improvement.
                                                                 The funds could be—there could be other ways to deliver these
                                                              funds to borrowers. I think, by and large, banks, big banks, com-
                                                              munity banks, CDFIs, even fintechs getting in got these funds out
                                                              to a lot more borrowers, and allowed these funds to be funneled
                                                              through a lot of sources so that more money could get out the door
                                                              as quickly as possible to these businesses that needed it to survive.
                                                                 Having clarity in the rules from the beginning, and having clear
                                                              steps for forgiveness, delivering on that promise, taking away that
                                                              uncertainty as to whether you are going to get these funds for-
                                                              given, or whether you suddenly have unexpected debt after you
                                                              kept your staff on, those are the things that I think could be ad-
                                                              dressed to help more businesses if we, you know, hopefully don’t,
                                                              but if we ever had to go through something like this again.
                                                                 Mr. GARBARINO. Thank you. My time is up. So I yield back.
                                                                 Thank you, Chairwoman.
                                                                 Chairwoman VELÁZQUEZ. The gentleman yields back.
                                                                 Now we recognize the gentlelady from California, Mrs. Kim for
                                                              5 minutes.




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                                                                 Ms. YOUNG KIM. Thank you. Thank you, Chairwoman and
                                                              Ranking Member. I also want to thank the witnesses for being with
                                                              us today.
                                                                 You have heard a lot from my colleagues about the PPP has been
                                                              tremendous assistance in allowing small business owners. And in
                                                              my district also, it has been a lifeline for them to weather the eco-
                                                              nomic downturn caused by the COVID-19 pandemic and unprece-
                                                              dented lockdowns.
                                                                 We are talking about now the next phase of PPP forgiveness, you
                                                              know. The massive effort of distributing close to 12 million PPP
                                                              loans and sustaining close to 50 million jobs could not have been
                                                              possible without our partners, like the banks and credit unions. So
                                                              I want to thank them and the partnership they have had with you
                                                              guys.
                                                                 But I was troubled to hear SBA was threatening—excuse me. I
                                                              was really troubled to hear that SBA was threatening lenders to
                                                              opt into the direct forgiveness program to avoid audits by the Office
                                                              of Credit Risk Management. SBA later clarified that audits would
                                                              focus on lenders that have yet to accept forgiveness for 2021 PPP
                                                              borrowers, or those that are not actively reaching out, the damage
                                                              has been done. And SBA must be careful not to vilify lenders mov-
                                                              ing forward.
                                                                 And I also must stress that whether a bank or any other lending
                                                              institution, obscene or not with the SBA’s forgiveness quota has no
                                                              bearing a borrower’s opportunity to get their PPP loan forgiven.
                                                              You know, many banks and lenders have already set up their own
                                                              forgiveness platforms that are complementary to SBA and having
                                                              really highly efficient.
                                                                 So let me ask you, Mr. Fisher, I agree with your testimony that
                                                              the SBA should not force lenders to opt into the direct forgiveness
                                                              portal. And with the high number of review requests from the SBA
                                                              which requires lenders to put resources aside to provide docu-
                                                              mentation, what should we expect if SBA decides to proceed with
                                                              audit on lenders on top of all these review requests? And how is
                                                              that going to divert your attention in serving your customers prop-
                                                              erly?
                                                                 Mr. FISHER. It just diverts resources away from my mission of
                                                              serving our local community and our customers in helping small
                                                              business. If I am trying to provide documents and trying to deal
                                                              with auditors from SBA, it just becomes problematic for us.
                                                                 Ms. YOUNG KIM. Sure.
                                                                 You know, Mr. Fisher, you also said in your testimony, you men-
                                                              tion SBA’s lending programs like the 7(a) and 504, they rely on
                                                              bank underwriting and the expertise that lenders bring to the
                                                              table. So can you explain to our committee what would change if
                                                              SBA moved in the direction of direct-to-borrower programs at the
                                                              SBA?
                                                                 Mr. FISHER. I just—obviously, if you leave the bank out of it,
                                                              you are subject to potentially more fraud. I think that has been
                                                              brought up that the EIDL advances saw substantially more fraud
                                                              in direct loans to SBA than the bank loans. So, I think looking at
                                                              it from the standpoint of trying to reduce fraud, I think utilize your
                                                              existing framework of community banks and banks to continue that
                                                              lending through the S-7(a) program and 504 programs, and even




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                                                              PPP was very successful, and I think limited fraud by utilizing the
                                                              banking framework that we have.
                                                                Ms. YOUNG KIM. Well, thank you very much. I mean, I think
                                                              the biggest concern that we have is the impact. And we want to
                                                              make sure there was a prevention of waste, fraud, and abuse with
                                                              those programs.
                                                                One more question. And I would like to direct this to Ms. Payne.
                                                              Why do you believe that forgiveness review process by the SBA is
                                                              challenging and time consuming? Are there certain steps that add
                                                              extra days to the review?
                                                                Ms. PAYNE. When a loan goes on to—into loan review, it is a
                                                              time-consuming process because it is not typically that we have
                                                              that the lender has a direct communication with the SBA rep-
                                                              resentative. It is basically an email is sent out, sometimes can be
                                                              fairly vague, and then we are asking for additional documentation.
                                                              Sometimes it is already been uploaded and they are repeating our-
                                                              selves, sometimes we have to then reach out to the borrowers to
                                                              get additional information, not always understanding what that is
                                                              going to go do for the loan itself, in terms of the forgiveness review.
                                                              So it does add days. It also add frustration, and confusion, and
                                                              stress for the borrower in terms for the fear about why am I under
                                                              review.
                                                                So there are a lot of factors. It does add time. And it can add
                                                              other things, stress that a small-business owner does not need at
                                                              this time.
                                                                Ms. YOUNG KIM. I have one other question to ask, but I think
                                                              my time is up so I will yield my time back. Thank you.
                                                                Chairwoman VELÁZQUEZ. The gentlelady yields back. Now we
                                                              recognize the gentlelady from Texas, Ms. Van Duyne.
                                                                Ms. VAN DUYNE. Thank you very much, Chairwoman
                                                              Velázquez and Ranking Member Luetkemeyer for holding this
                                                              hearing today.
                                                                As the driving force behind our economy, you know, an employer
                                                              of nearly half of all American workers, the success of small busi-
                                                              nesses is critical to each of our communities. And this is no more
                                                              apparent than during the pandemic. While government shutdowns
                                                              forced many businesses closed, the Paycheck Protection Program
                                                              delivered the emergency capital that small businesses needed to be
                                                              able to keep their doors open. After providing almost $1 trillion to
                                                              small businesses, we are finally nearing completion of the program.
                                                                As this massive relief program shuts down, we must continue to
                                                              push for more rigorous oversight to protect American taxpayers.
                                                                I want to echo Congressman Hagedorn’s request and express my
                                                              disappointment that we are discussing complex policies yet again
                                                              without an SBA representative present. There are questions that
                                                              Members of this committee have that can only be answered by
                                                              those actually running the program. So I hope we can have some-
                                                              one from SBA in front of the committee very, very soon.
                                                                That being said, I want to thank the witnesses that we do have
                                                              here today.
                                                                Mr. Fisher, I appreciate all the work that you do in upstate New
                                                              York. I think I actually used to have an account with your bank
                                                              when I was up in college in Ithaca. So I know it is raining there
                                                              today, but now is when I want to be there, because I am in Dallas,




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                                                              Texas, and it has been 100 degrees here today. So enjoy your sum-
                                                              mers and your falls because winter is coming soon.
                                                                 But I do have a question for you. Despite many circumstantial
                                                              setbacks and concerning amounts of fraud, the PPP program suc-
                                                              cessfully kept small businesses afloat during the pandemic. So as
                                                              we look ahead to preparing for the next major disaster, these prob-
                                                              lems are not unique to just PPP. And I know Congressman
                                                              Garbarino had also asked a similar question. I am going to change
                                                              it a little bit. How can we improve the PPP model to disperse the
                                                              quickest aid, but also minimize fraud?
                                                                 Mr. FISHER. I guess I would suggest not trying to go direct to
                                                              the borrower. I think utilizing the network of banks that partici-
                                                              pated, utilizing banks that have a long history of 7(a) lending is
                                                              definitely probably the way to go, because we have relationships
                                                              with those businesses. We know the businesses, because it is down
                                                              the street. I drive by it every day, versus somebody who is just, you
                                                              know, seeing it in application, either on paper or virtually, trying
                                                              to make that decision. I think we can be a great mutual aid to help
                                                              get those dollars out and also curb fraud.
                                                                 Ms. VAN DUYNE. That is good to know.
                                                                 Ms. Bilonick, in your testimony, you state that in 2019, before
                                                              the pandemic hit, that Latino-owned businesses had hit a record-
                                                              breaking strive with their average annual revenue increasing 10
                                                              percent to over $525,000 per year. This is impressive, and it is the
                                                              exact type of growth strategy I think that we are looking for in the
                                                              business environment and we need to get back to that.
                                                                 What would you attribute that success to back in 2019?
                                                                 Ms. BILONICK. I think the success was reflecting the scaling of
                                                              Latino-owned small businesses, so businesses that may have start-
                                                              ed 5 to 10 years ago that were going to the next level, expanding,
                                                              adding additional locations, adding additional personnel. And, un-
                                                              fortunately, the pandemic is a setback, but I do think that we can
                                                              harness that, you know, sort of growth mentality and perseverance
                                                              moving forward, and it hopefully will just be a hiccup in the story
                                                              of our entrepreneurship story.
                                                                 Ms. VAN DUYNE. Were there any particular policies that you
                                                              think that helped back in 2019 that we should either try to
                                                              strengthen or, you know, bring back?
                                                                 Ms. BILONICK. I don’t know that I would point to a particular
                                                              policy. I am not sure. I think—I really do think it was sort of was
                                                              just maturity of the businesses that had taken off at that point.
                                                              But I am open to suggestions of what policies you may be referring
                                                              to.
                                                                 Ms. VAN DUYNE. Well, I don’t know. I mean, maybe tax cuts.
                                                              I mean, were you looking at any other tax cuts in the Tax Cuts and
                                                              Jobs Act, for example? Did that strengthen? Did that help? I mean,
                                                              I know that right now we have got from the Biden administration
                                                              a number of financial policies that are coming down that are talk-
                                                              ing about increasing taxes, you know, gut inflation, so in backing
                                                              away on some of the policies that I think really helped grow the
                                                              economy and were very positive, beneficial to small businesses, and
                                                              I am just wondering if you are seeing the same thing.
                                                                 Ms. BILONICK. I don’t know that I would attribute it to that.
                                                              I would say that I am not opposed to taxing those larger busi-




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                                                              nesses. I think a business that is making under a million dollars
                                                              is certainly not, you know, going to be targeted in that segment.
                                                                 Ms. VAN DUYNE. No. But I am talking about specifically small
                                                              businesses. Right?
                                                                 Ms. BILONICK. Well, these are, I guess—would be probably a
                                                              threat closer as a microbusiness in the $250 to $500 thousand
                                                              range.
                                                                 Ms. VAN DUYNE. Well, I thank you.
                                                                 I yield back my time. Thank you.
                                                                 Chairwoman VELÁZQUEZ. The gentlelady yields.
                                                                 Now we recognize the gentleman from Florida Mr. Donalds for
                                                              5 minutes.
                                                                 Mr. DONALDS. Thank you, Madam Chair, and thank you to the
                                                              Ranking Member for holding this hearing.
                                                                 I have got to tell you, I think SBA getting involved, as involved
                                                              as they are trying to be with this forgiveness process and, frankly,
                                                              you know, threatening community banks from doing what they
                                                              kind of already been said to do I think is outrageous. It is out-
                                                              rageously wrong.
                                                                 You know, in a prior life, I was a credit underwriter at a commu-
                                                              nity bank. I had to deal with SBA when we were doing joint credit
                                                              with them. And, to be frank, SBA would be late to the table often
                                                              with respect to their lending decisions. We already knew it was
                                                              good credit. It just took forever to deal with SBA. So for them to
                                                              try and come in now and, in some respects, completely take over
                                                              the forgiveness process, to me it just doesn’t make much sense at
                                                              all.
                                                                 So, I guess, my question, my first question is to Mr. Fisher. Mr.
                                                              Fisher, you are going through the process of forgiveness. What kind
                                                              of data are you actually looking at in order to clear [cut out] for-
                                                              giveness?
                                                                 Mr. FISHER. We just make sure that it is a valid, you know,
                                                              loan. We validated all the customers at the front end, so the for-
                                                              giveness, we just have to ensure that they have all of the docu-
                                                              mentation required by SBA, and it goes through—we have an auto-
                                                              mated system that it goes through and submits directly to SBA,
                                                              and we typically—right now we are getting forgiveness back very
                                                              quickly from SBA, so it is a pretty smooth process for us right now.
                                                                 Mr. DONALDS. Okay. And, Ms. Ward, my question for you is,
                                                              what different or what value added is SBA bringing to the forgive-
                                                              ness process as to why they should be involved in it?
                                                                 Ms. WARD. Well, I think the value SBA is adding is, in creating
                                                              this Direct Forgiveness Portal, they are giving an easier, more effi-
                                                              cient online access for some PPP borrowers that may not be getting
                                                              that from their lenders, and in that case that is incredibly valu-
                                                              able. I am really happy to see that they have created the portal to
                                                              fill that gap.
                                                                 I agree, though, for lenders that have already created their por-
                                                              tal or lenders that are efficiently processing PPP forgiveness, they
                                                              should be allowed to keep using their own systems. I think SBA’s
                                                              direct portal should expand access to forgiveness and not limit dif-
                                                              ferent ways that borrowers can get forgiven.
                                                                 I have worked as an SBA lender for over 15 years. I have worked
                                                              with SBA on micro loans, 7(a) loans, 504 loans, and now PPP loans,




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                                                              and SBA works best, in my opinion, when it works in partnership
                                                              with the lenders. Each has a role, and SBA can have drastically
                                                              more impact working through the lending community. That needs
                                                              to be expanded, more community lenders, credit unions, CDFIs,
                                                              mission-oriented lenders that are making sure to hit underserved
                                                              borrowers, but that is where I think SBA provides an incredible
                                                              and unique service and much needed loans. These SBA loans of all
                                                              types are part of why the U.S. has such a vibrant small business
                                                              economy.
                                                                Mr. DONALDS. Ms. Ward, as a follow-up to that, I mean, like
                                                              I say, somebody who has been in the community, actually done
                                                              credit underwriting, with the amount of loans in the system, how
                                                              would SBA actually go about dealing with loans that there might
                                                              be early indications are fraudulent or that dollars were spent and
                                                              maybe not in line with the PPP program and, as such, those dol-
                                                              lars—a portion of those dollars or those dollars overall would not
                                                              be forgivable, how would SBA deal with that?
                                                                Ms. WARD. So what we’ve seen that process include since the
                                                              program got rolled out, I think initially in the speed to get these
                                                              dollars out, a lot of the normal safeguards——
                                                                Mr. DONALDS. No. Ms. Ward, I have to reclaim my time real
                                                              quick. I understand what you are saying about what happened on
                                                              loans from now going forward.
                                                                What, frankly, special mechanism is SBA going to do if they see
                                                              early warnings that there was, not so much even just fraudulent,
                                                              but a misapplication of funds where those funds are now no longer
                                                              subject to forgiveness under the various—and I know there have
                                                              been a couple iterations of PPP. But what if those dollars were
                                                              spent and none of those iterations that were allowable for forgive-
                                                              ness, what is SBA going to do? What would it ordinarily do to en-
                                                              sure those dollars are repaid to the taxpayer? [Audio cut out on his
                                                              question]
                                                                Ms. WARD. So all of these go through SBA for the final deter-
                                                              mination. The bank, the community bank, or the lender submits
                                                              our recommendation per SBA based on does this loan qualify for
                                                              forgiveness or partial forgiveness, and then SBA bases its forgive-
                                                              ness on that. SBA also has the right to review those and ask for
                                                              additional documentation.
                                                                And so they will keep doing that same thing. They will continue
                                                              to review and make sure that forgiveness is appropriate. If the
                                                              funds were not spent for the intended purposes, the business
                                                              should be paying them back. The use was to keep your business op-
                                                              erating and keep your staff employed. Businesses that didn’t do
                                                              that knew going in and should be held accountable for paying that
                                                              back.
                                                                Mr. DONALDS. Well, Ms. Ward, thank you for that.
                                                                I know I am over my time. Madam Chairwoman, thank you so
                                                              much more the indulgence, and I yield back.
                                                                Chairwoman VELÁZQUEZ. Thank you. The gentleman yields
                                                              back.
                                                                Let me thank all of the witnesses for being here today. Your tes-
                                                              timony has shown the progress we have made in forgiving PPP
                                                              loans and also the challenges that small businesses still have——




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                                                                 Mr. LUETKEMEYER. Madam Chair, we have got one more wit-
                                                              ness—one more Member. Mr. Fitzgerald from Wisconsin is still on.
                                                                 Chairwoman VELÁZQUEZ. Well, he has his camera off and——
                                                                 Mr. LUETKEMEYER. No. He is on.
                                                                 Chairwoman VELÁZQUEZ.—he has had his camera off through-
                                                              out the hearing.
                                                                 Mr. FITZGERALD. Madam Chair, I am not sure if I—I just have
                                                              a quick one if I could sneak in.
                                                                 Chairwoman VELÁZQUEZ. Sure. But we have always said that
                                                              while you are in a hearing to please to keep the video on. So, sir,
                                                              you are recognized now for 5 minutes.
                                                                 Mr. FITZGERALD. All right. And thank you, thank you.
                                                                 Just real quick, and I don’t want to be redundant. I know that
                                                              the hearing has gone on.
                                                                 So to Mr. Fisher and probably to Ms. Payne, there is kind of
                                                              this—these stories that have been swirling for some time now that
                                                              there was kind of this cottage industry that was created basically
                                                              because PPP loans were available. There were accounting firms, as
                                                              well as law firms, that were starting to market, if you will—and
                                                              I am trying to keep this at a 30,000-foot level—market the idea
                                                              that, hey, if you want to apply for a PPP loan, don’t worry about
                                                              it, we will take care of the paperwork. This is what you are eligible
                                                              for. And then once the PPP loan was granted, then on the back
                                                              end, you know, there would be legal fees that were charged for
                                                              some of these or, certainly with some of the CPA firms, you know,
                                                              there was billings that were done on the back end.
                                                                 And I bring this up—and like I said, I am trying to keep this—
                                                              I am not necessarily making the accusation, but it is out there. It
                                                              is very much out there. And I would just say, this is one of the
                                                              problems I think with just loan forgiveness is you, once again, take
                                                              down one of the hurdles that, you know, otherwise legitimate busi-
                                                              nesses would look at and say, well, wait a minute, if I have got to
                                                              pay this back in the end, no, I am not going to take that $25,000
                                                              loan. I am not going to take it because it is going to be a burden
                                                              on me later. But if I know that it is going to be forgiven anyways,
                                                              sure, what the heck, you know, let’s make this arrangement now
                                                              with a law firm or CPA firm. And, you know, suddenly you find
                                                              yourself in a bad spot.
                                                                 And I am just worried that this cottage industry was created and
                                                              that, you know, if we don’t try and keep this in check, it could go
                                                              wild. And I wonder if you have any comments on that, if you saw
                                                              any of this type of practice going on. You know, in my mind, you
                                                              know, it sounds like criminal activity but very hard to define and
                                                              very hard to delve out.
                                                                 Mr. Fisher and Ms. Payne, I would ask either one of you who had
                                                              direct involvement with these loans to just—have you seen any-
                                                              thing like this?
                                                                 Mr. FISHER. You know, we did have, you know, accounting
                                                              firms and lawyers that were working with customers, but they
                                                              were all customers that were known to us. We actually brought in
                                                              I think 40 percent of the first round of SBA—or PPP loans were
                                                              new customers to our bank; but most of those were not necessarily
                                                              referrals from attorneys or accounting firms. They were, you know,
                                                              the borrowers coming to us directly. I think there was—we had a




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                                                              couple of accounting firms that maybe referred a deal over, and I
                                                              think they thought they were entitled to some of the fee that was
                                                              being generated from the PPP loan, but we didn’t have any type
                                                              of an agreement signed with them for, you know, sharing those
                                                              fees.
                                                                 So we didn’t really see anything that you are talking about as
                                                              far as fraudulent or, you know, the type of activity that I think you
                                                              are talking about, I haven’t seen it, so, I don’t know——
                                                                 Ms. PAYNE. And I would add, we really didn’t see any of that,
                                                              and we didn’t have anything from accountants or anything of that
                                                              nature. We talked more to accountants more on the forgiveness end
                                                              of things than the early stages because of the complexity some-
                                                              times of the documentation that they had to provide for forgive-
                                                              ness. But we didn’t really see anything of what you are speaking
                                                              to. We didn’t have any familiarity with that.
                                                                 Mr. FITZGERALD. Ms. Ward, are you aware of anything along
                                                              those lines?
                                                                 Ms. WARD. We really didn’t see that in our PPP lending either.
                                                              We saw a lot of technical assistance being provided by accounting
                                                              firms and small business technical assistance providers. Third-
                                                              party payroll processing companies we saw step up and provide re-
                                                              ports for their customers to help them calculate the loan amount.
                                                              We saw a lot of different industries really doing what I think all
                                                              of you and all of we and, you know, all of these businesses did, it
                                                              was all hands on deck.
                                                                 I am—I suspect you are right that there are organizations that
                                                              took advantage of that fear and that desperation, and to the extent
                                                              they can be found out and held accountable for that, I would ap-
                                                              plaud that; but most of what we saw, fortunately, was organiza-
                                                              tions trying very hard to help the businesses and the nonprofits in
                                                              their communities keep their doors open.
                                                                 Chairwoman VELÁZQUEZ. The gentleman’s time has expired.
                                                                 Mr. FITZGERALD. Madam Chair, I am just worried—yes,
                                                              Madam Chair, I think this is something we have got to be aware
                                                              of, and I appreciate the time.
                                                                 Chairwoman VELÁZQUEZ. Thank you.
                                                                 Again, thank you to all of our witnesses for being here today. As
                                                              I mentioned before, your testimony has shown the progress we
                                                              have made in forgiving PPP loans and also the challenges that
                                                              small businesses still face.
                                                                 While the small business economy has made tremendous
                                                              progress toward recovery over the past 17 months, we are entering
                                                              another precarious state with the spread of the Delta variant. For
                                                              small businesses that struggled for over a year, even minor set-
                                                              backs can instill monumental trouble. That is why our committee
                                                              must work to ensure that small businesses can achieve maximum
                                                              loan forgiveness.
                                                                 This hearing has provided significant insight into the obstacles
                                                              that PPP borrowers still face. I look forward to working as a com-
                                                              mittee to achieve policy solutions that ensure entrepreneurs obtain
                                                              the forgiveness they are entitled to.
                                                                 I would ask unanimous consent that Members have 5 legislative
                                                              days to submit statements and supporting materials for the record.
                                                                 Without objection, so ordered.




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                                                                If there is no further business to come before the committee, we
                                                              are adjourned.
                                                                Thank you.
                                                                [Whereupon, at 3:15 p.m., the committee adjourned.]




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                                                                                                   APPENDIX




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SBD026 with DISTILLER                                                                                                                                      Insert offset folio 87 here 45478.045


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                                                                                                              88




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 88 here 45478.046


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                                                                                                              89




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 89 here 45478.047


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                                                                                                              90




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 90 here 45478.048


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                                                                                                              91




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 91 here 45478.049


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                                                                                                              92




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 92 here 45478.050


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                                                                                                              93




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 93 here 45478.051


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                                                                                                              94




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 94 here 45478.052


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                                                                                                              95




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 95 here 45478.053


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                                                                                                              96




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 96 here 45478.054


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                                                                                                              97




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 97 here 45478.055


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                                                                                                              98




                                                                                                                  Æ




SBD026 with DISTILLER                                                                                                                                      Insert offset folio 98 here 45478.056


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chrg-117hhrg45478.pdf
Size
25,659,108 bytes
SHA-256
2d2abddaabbb94e55fa92fd1a4d39cad7da922a5978597cf8d0b5a783293b4f9
Our copy
chrg-117hhrg45478.pdf
Original
www.govinfo.gov
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