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Supporting Small And Minority Owned Businesses Through The Pandemic Ho Fc9190c7

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The printed record of a virtual hearing, Supporting Small and Minority-Owned Businesses Through the Pandemic, held February 4, 2021 by the Subcommittee on National Security, International Development and Monetary Policy of the House Committee on Financial Services, Serial No. 117–2, printed in 2021. The subcommittee was chaired by Jim A. Himes with French Hill as Ranking Member. Five witnesses testified: Nneka Brown-Massey, Founder and CEO of Innovative Supplies Worldwide, Inc., for the Main Street Alliance; Gary L. Cunningham, President and CEO of Prosperity Now; Clifton G. Kellogg, Executive Director of the C-Pace Alliance; Everett K. Sands, CEO of Lendistry; and Holly Wade, Executive Director of the NFIB Research Center. The appendix carries their prepared statements and a Reimagine Main Street survey of small businesses by race and ethnicity.

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“Supporting Small And Minority Owned Businesses Through The Pandemic Ho Fc9190c7.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/supporting-small-and-minority-owned-businesses-through-the-pandemic-ho-0d5ec44e49/, SHA-256 fc9190c7e7d8cb0425c05346ad4cb2fd73da30b39904bf982bfb7e810a4acc27.

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                                             SUPPORTING SMALL AND MINORITY-OWNED
                                               BUSINESSES THROUGH THE PANDEMIC


                                                            VIRTUAL HEARING
                                                                                  BEFORE THE

                                                 SUBCOMMITTEE ON NATIONAL SECURITY,
                                                     INTERNATIONAL DEVELOPMENT
                                                        AND MONETARY POLICY
                                                                                     OF THE


                                           COMMITTEE ON FINANCIAL SERVICES
                                            U.S. HOUSE OF REPRESENTATIVES
                                                        ONE HUNDRED SEVENTEENTH CONGRESS
                                                                                FIRST SESSION



                                                                               FEBRUARY 4, 2021



                                                    Printed for the use of the Committee on Financial Services



                                                                       Serial No. 117–2




                                                                                     (
                                                                   U.S. GOVERNMENT PUBLISHING OFFICE
                                            43–965 PDF                         WASHINGTON : 2021




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                                                          HOUSE COMMITTEE ON FINANCIAL SERVICES
                                                                   MAXINE WATERS, California, Chairwoman

                                      CAROLYN B. MALONEY, New York                           PATRICK MCHENRY, North Carolina,
                                      NYDIA M. VELÁZQUEZ, New York                            Ranking Member
                                      BRAD SHERMAN, California                               FRANK D. LUCAS, Oklahoma
                                      GREGORY W. MEEKS, New York                             BILL POSEY, Florida
                                      DAVID SCOTT, Georgia                                   BLAINE LUETKEMEYER, Missouri
                                      AL GREEN, Texas                                        BILL HUIZENGA, Michigan
                                      EMANUEL CLEAVER, Missouri                              STEVE STIVERS, Ohio
                                      ED PERLMUTTER, Colorado                                ANN WAGNER, Missouri
                                      JIM A. HIMES, Connecticut                              ANDY BARR, Kentucky
                                      BILL FOSTER, Illinois                                  ROGER WILLIAMS, Texas
                                      JOYCE BEATTY, Ohio                                     FRENCH HILL, Arkansas
                                      JUAN VARGAS, California                                TOM EMMER, Minnesota
                                      JOSH GOTTHEIMER, New Jersey                            LEE M. ZELDIN, New York
                                      VICENTE GONZALEZ, Texas                                BARRY LOUDERMILK, Georgia
                                      AL LAWSON, Florida                                     ALEXANDER X. MOONEY, West Virginia
                                      MICHAEL SAN NICOLAS, Guam                              WARREN DAVIDSON, Ohio
                                      CINDY AXNE, Iowa                                       TED BUDD, North Carolina
                                      SEAN CASTEN, Illinois                                  DAVID KUSTOFF, Tennessee
                                      AYANNA PRESSLEY, Massachusetts                         TREY HOLLINGSWORTH, Indiana
                                      RITCHIE TORRES, New York                               ANTHONY GONZALEZ, Ohio
                                      STEPHEN F. LYNCH, Massachusetts                        JOHN ROSE, Tennessee
                                      ALMA ADAMS, North Carolina                             BRYAN STEIL, Wisconsin
                                      RASHIDA TLAIB, Michigan                                LANCE GOODEN, Texas
                                      MADELEINE DEAN, Pennsylvania                           WILLIAM TIMMONS, South Carolina
                                      ALEXANDRIA OCASIO-CORTEZ, New York                     VAN TAYLOR, Texas
                                      JESÚS ‘‘CHUY’’ GARCIA, Illinois
                                      SYLVIA GARCIA, Texas
                                      NIKEMA WILLIAMS, Georgia
                                      JAKE AUCHINCLOSS, Massachusetts


                                                                      CHARLA OUERTATANI, Staff Director




                                                                                          (II)




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                                                        SUBCOMMITTEE ON NATIONAL SECURITY, INTERNATIONAL
                                                               DEVELOPMENT AND MONETARY POLICY
                                                                    JIM A. HIMES, Connecticut, Chairman

                                      JOSH GOTTHEIMER, New Jersey                         FRENCH HILL, Arkansas, Ranking Member
                                      MICHAEL SAN NICOLAS, Guam                           LEE M. ZELDIN, New York
                                      RITCHIE TORRES, New York                            ROGER WILLIAMS, Texas
                                      STEPHEN F. LYNCH, Massachusetts                     TOM EMMER, Minnesota
                                      MADELEINE DEAN, Pennsylvania                        WARREN DAVIDSON, Ohio
                                      ALEXANDRIA OCASIO-CORTEZ, New York                  ANTHONY GONZALEZ, Ohio
                                      JESÚS ‘‘CHUY’’ GARCIA, Illinois                    VAN TAYLOR, Texas, Vice Ranking Member
                                      JAKE AUCHINCLOSS, Massachusetts




                                                                                      (III)




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                                                                                    CONTENTS

                                                                                                                                                                  Page
                                      Hearing held on:
                                         February 4, 2021 ..............................................................................................            1
                                      Appendix:
                                         February 4, 2021 ..............................................................................................           31

                                                                                            WITNESSES

                                                                               THURSDAY, FEBRUARY 4, 2021
                                      Brown-Massey, Nneka, Founder and CEO, Innovative Supplies Worldwide,
                                        Inc., on behalf of Main Street Alliance (MSL) ...................................................                           6
                                      Cunningham, Gary L., President and CEO, Prosperity Now ..............................                                         8
                                      Kellogg, Clifton G., Executive Director, C-Pace Alliance .....................................                                9
                                      Sands, Everett K., CEO, Lendistry ........................................................................                   11
                                      Wade, Holly., Executive Director, Research Center, National Federation of
                                        Independent Business (NFIB) .............................................................................                  13

                                                                                             APPENDIX
                                      Prepared statements:
                                          Brown-Massey, Nneka .....................................................................................                32
                                          Cunningham, Gary L. ......................................................................................               38
                                          Kellogg, Clifton G. ............................................................................................         40
                                          Sands, Everett K. .............................................................................................          42
                                          Wade, Holly .......................................................................................................      55

                                                              ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD
                                      Himes, Hon. Jim A.:
                                         Written statement of the Brookings Institution’s Metropolitan Policy Pro-
                                           gram ...............................................................................................................    60
                                         Written statement of the Center for Indian Country Development at
                                           the Federal Reserve Bank of Minneapolis ..................................................                              66
                                         Written statement of the Center for Responsible Lending ...........................                                       70
                                         Op-Ed co-authored by Chairman Himes entitled, ‘‘Opinion: small business
                                           owners face inequality during coronavirus,’’ dated April 18, 2020 ...........                                           97
                                         Written statement of the Opportunity Fund ..................................................                              99
                                         SEC’s Annual Report for Fiscal Year 2020 of the Office of the Advocate
                                           for Small Business Capital Formation ........................................................                          100
                                         Written statement of the Small Business Majority .......................................                                 208
                                         Joint written statement of the Asian/Pacific Islander American Chamber
                                           of Commerce (National ACE), the United States Hispanic Chamber
                                           of Commerce (USHCC), and the U.S. Black Chambers, Inc. (USBC) ......                                                   209




                                                                                                    (V)




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                                           SUPPORTING SMALL AND MINORITY-OWNED
                                             BUSINESSES THROUGH THE PANDEMIC

                                                                    Thursday, February 4, 2021

                                                           U.S. HOUSE OF REPRESENTATIVES,
                                                         SUBCOMMITTEE ON NATIONAL SECURITY,
                                                                  INTERNATIONAL DEVELOPMENT
                                                                         AND MONETARY POLICY,
                                                                 COMMITTEE ON FINANCIAL SERVICES,
                                                                                      Washington, D.C.
                                         The subcommittee met, pursuant to notice, at 3:06 p.m., via
                                      Webex, Hon. Jim A. Himes [chairman of the subcommittee] pre-
                                      siding.
                                         Members present: Representatives Himes, San Nicolas, Torres,
                                      Lynch, Auchincloss; Hill, Zeldin, Williams of Texas, Emmer, David-
                                      son, and Taylor.
                                         Ex officio present: Representative Waters.
                                         Also present: Representatives Green and Huizenga,
                                         Chairman HIMES. The Subcommittee on National Security, Inter-
                                      national Development and Monetary Policy will come to order.
                                      Without objection, the Chair is authorized to declare a recess of the
                                      subcommittee at any time. Also, without objection, members of the
                                      full Financial Services Committee, who are not members of this
                                      subcommittee, are authorized to participate in today’s hearing. If
                                      you are participating today, please keep your camera on, and if you
                                      choose to attend a different remote proceeding, please turn your
                                      camera off.
                                         Members are also reminded that they are responsible for muting
                                      and unmuting themselves, and to mute themselves after they are
                                      finished speaking. Consistent with the regulations related to re-
                                      mote proceedings, staff will only mute Members and witnesses as
                                      appropriate, when not being recognized by the Chair, to avoid inad-
                                      vertent background noise. Members are further reminded that all
                                      House rules relating to order and decorum apply to this remote
                                      hearing.
                                         Before I kick us off, I want to just spend a couple of minutes,
                                      since this is the maiden voyage of the National Security, Inter-
                                      national Development and Monetary Policy Subcommittee. I am
                                      just delighted to be joined by French Hill of Arkansas as the rank-
                                      ing member. I consider French a good friend of many years, and
                                      there are really few Members for whom I have so much respect in
                                      this institution. If you want an example of French’s commitment to
                                      technical policy issues, look no further than his Op-Ed in yester-
                                      day’s Wall Street Journal on IMF Special Drawing Rights. I rec-
                                      ommend you do that right before bedtime.
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                                          As chairman, I have two objectives for this subcommittee. First,
                                      our subcommittee needs to make progress on, and conduct hard-
                                      hitting oversight on a wide variety of issues, from the financing of
                                      violent extremists, to the economic implications of a massive Fed-
                                      eral Reserve balance sheet. We have a lot of work to do. I invite
                                      every single member of this subcommittee to talk to me or to
                                      French about areas that you would like to pursue.
                                          Second, and just as importantly, I would really like to do this
                                      right. I would like to do this in a way that honors the trust that
                                      lots of our constituents have put in us and which begins to rebuild
                                      this institution. As I look at the subcommittee membership, with
                                      the exception of Mr. Lynch, I think I have been in the House longer
                                      than anyone else on the subcommittee, for 12 years now. So, I am
                                      not one bit naive about the political pressures that we all face, and
                                      frankly, I have never seen it so bad.
                                          As we sit here, many of us are full of anger, suspicion, and anx-
                                      iety. Some of us want revenge for this or that. All of us went
                                      through something on January 6th that we never imagined would
                                      ever happen. So, my second objective for this subcommittee is to
                                      show the Congress and the world that even in these days of white-
                                      hot emotion, we can make progress, model more decent politics,
                                      and maybe even build some bridges.
                                          I have been here for a while, so let me offer just a little bit of
                                      specific guidance. First, let us be forward-looking. The Presidency
                                      of Donald Trump will be scrutinized by historians for generations
                                      to come. We all have views. Hillary Clinton’s emails and Paul
                                      Manafort’s friends are catnip for all of us, but let us keep that stuff
                                      out of a room that is about improving national security and con-
                                      ducting oversight.
                                          Second, let us go after each others’ ideas in a way that improves
                                      them. Let us stay away from motives from personalities and from
                                      hidden agendas. I will be far more grateful to the Republican who
                                      changes my thinking with a good argument and good facts than I
                                      will be to a Democrat who simply agrees with me. If you think my
                                      ideas are bad, change my mind with facts and a good argument.
                                          Third, and finally, let us respect each other. Whatever else we
                                      think of each other, a whole lot of people sent each and every one
                                      of us here to represent them. We have to respect that. Like I said,
                                      I have been here for a long time. I understand why Democrats need
                                      to repeat the word, ‘‘QAnon,’’ and why Republicans need to call me
                                      a, ‘‘radical socialist.’’ Just please, do that in a different room. The
                                      chairman does not have immense power, but he has discretion in
                                      determining when language becomes unbecoming, and I really
                                      would like to model something better than what we have been
                                      showing these last couple of weeks. I think we have a real chance
                                      to lead here, to show that there is a better way, and so, let us do
                                      it.
                                          Today’s hearing is entitled, ‘‘Supporting Small and Minority-
                                      Owned Businesses Through the Pandemic.’’ I now recognize myself
                                      for 4 minutes to give an opening statement.
                                          Welcome to the first hearing of the Subcommittee on National
                                      Security, International Development and Monetary Policy. I am
                                      eager to delve into the many subject matters under the jurisdiction
                                      of the subcommittee. Our purview is broad and cuts across a range




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                                      of issues important to the American people, whether it be keeping
                                      terrorists from accessing our financial system, ensuring that we are
                                      leading on the global stage through international institutions, or
                                      overseeing the Federal Reserve’s efforts to rescue the economy,
                                      these issues have never been so important.
                                         I look forward to working with all of you on those issues. As I
                                      said before, I am also just delighted to be joined by Ranking Mem-
                                      ber French Hill. I want to, as I said before, continue the history
                                      of bipartisan work on the subcommittee.
                                         The issue before us affects all Americans, and I am confident
                                      that this subcommittee will serve as a model for what can be
                                      achieved. Today’s hearing focuses on an issue that I can say for
                                      certain every member on this subcommittee has dedicated a tre-
                                      mendous amount of time to since the onset of the pandemic: Sup-
                                      port for small and minority-owned businesses. I see the challenges
                                      every single day in my very, very diverse district. In March, as the
                                      sheer scale of the economic challenges before us became clear, Con-
                                      gress acted to pass the largest stimulus bill ever, the Coronavirus
                                      Aid, Relief, and Economic Security (CARES) Act, to deliver the des-
                                      perately-needed aid across the economy.
                                         In December, we again came together to continue that support.
                                      However, as the stimulus made its way into the economy, many of
                                      us became concerned about the undeniable fact that not all commu-
                                      nities were equal beneficiaries of that aid. In April, I co-authored
                                      an Op-Ed with Connecticut’s Treasurer Sean Wooden, arguing that
                                      more needed to be done to ensure that aid was making its way to
                                      minority-owned businesses as well as businesses in traditionally
                                      underserved and underbanked communities. And without objection,
                                      I will enter that Op-Ed into the record.
                                         In this hearing, the subcommittee will explore the successes and
                                      the failures of the systems we set up to help small and minority-
                                      owned businesses weather this pandemic. It is vital that we under-
                                      stand why aid to minority-owned businesses was delayed, while
                                      other well-connected businesses that were hurting the least made
                                      their way to the front of the line. Our efforts today are not focused
                                      on laying blame, but on helping lay the groundwork for how we can
                                      do better going forward, because the issues we are addressing here
                                      today will not simply disappear after we defeat this virus.
                                         I would like to profoundly thank our witnesses for being here. I
                                      am sorry we could not welcome you more formally and in person,
                                      but we are going to really enjoy your testimony as we wrestle with
                                      these questions. At this point, I would like to yield to Ranking
                                      Member French Hill.
                                         And, Ranking Member Hill, since I took more than my fair share
                                      of time up-front, you will get the same discretion.
                                         [laughter]
                                         Mr. HILL. I thank my friend from Connecticut, and I want to say
                                      what a treat it is to refer to Jim Himes as, ‘‘chairman’’ of the sub-
                                      committee. Not that those of us on the Republican side of the aisle
                                      do not want the word, ‘‘chairman’’ as a prefix to our names, but we
                                      look forward to working with you and we appreciate the attitude
                                      which you have and the critical support you delivered as a member
                                      of the Intelligence Committee, and a long-time supporter of Amer-
                                      ica’s national security. Representative Steve Lynch will certainly




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                                      report that this subcommittee was transformed from a task force
                                      into a subcommittee the year that Mr. Emmer, Mr. Zeldin, and I
                                      came into the House. And I, actually for all 6 years, have been very
                                      impressed with the original Terrorism Task Force, that is now the
                                      National Security Subcommittee, and, as you pointed out, the bi-
                                      partisan nature of the subcommittee.
                                         And I want to thank the Republicans in the last Congress for
                                      being creative and collaborative with their Democratic colleagues.
                                      We got a number of good bills out of this subcommittee, through
                                      the Full Committee, and across the House Floor, that countered
                                      China’s debt trap, lack of transparency, and their accreditor status
                                      in the Third World. It is very important to a lot of Members on
                                      both sides of the aisle to shine a light on that, as well as holding
                                      them accountable in a number of ways. So, I thank all of my col-
                                      leagues on both sides of the aisle for their work on this sub-
                                      committee.
                                         I also would say that Mr. Himes and I share this interest in
                                      international affairs, and we know that this subcommittee is a
                                      major partner in America’s strategy, both in sanctions and identi-
                                      fying ways to cut off terrorism finance, and collaboration on com-
                                      bating transnational crime around the world. And that issue has
                                      not gone away, even though the subcommittee, in the last Con-
                                      gress, was more focused in the international finance arena and in
                                      China’s emerging rival status with the United States.
                                         So again, let me echo what the chairman said, which is to en-
                                      courage Members on both sides of the aisle to visit with me on the
                                      best ideas you have for both hearings and for legislative priorities.
                                         Today, we will be discussing the State Small Business Credit Ini-
                                      tiative (SSBCI), which would reintroduce a program that was cre-
                                      ated back in 2010 after the financial crisis. It is aimed at providing
                                      additional funding to assist small businesses. It seems to me that
                                      this is a similar hearing to the one this subcommittee held last
                                      summer on H.R. 6918, the Paycheck Recovery Act, that would re-
                                      quire the U.S. Treasury to provide grants to small businesses.
                                         As I mentioned last summer, and it bears repeating now, these
                                      types of programs, in my view, should not be moving through this
                                      subcommittee. Instead, the House Small Business Committee
                                      should be analyzing the state of all aspects of financing for small
                                      businesses, including the State Small Business Credit Initiative.
                                         As a long-time supporter of small business, and as someone who
                                      previously spent a part of 4 decades starting businesses, I am not
                                      denying the importance of ensuring that small businesses remain
                                      operational. I am simply stating that our subcommittee is better
                                      suited to discussing the issues squarely in our jurisdiction, such as
                                      items just mentioned by Chairman Himes and myself: threats from
                                      China; the annual oversight of the Committee on Foreign Invest-
                                      ment in the United States (CFIUS), which we were supposed to do,
                                      and even in the last Congress, whenever accomplished, it, and obvi-
                                      ously, the importance of monetary policy oversight, just to name a
                                      few. Instead, we’re using our very limited hearing time to discuss
                                      this program.
                                         As of today, the Federal Government has authorized nearly $3.8
                                      trillion in COVID-19 relief. Of that, about a trillion dollars is aimed
                                      at business relief. Specifically, the Paycheck Protection Program




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                                      (PPP), the largest of the Federal small business programs, has allo-
                                      cated $650 billion, $100 billion of which is still available, including
                                      for first-time users and second-chance PPP users.
                                         I was reviewing the State Small Business Credit Program that
                                      was set up during the Obama Administration. It was about $1.5
                                      billion, and not all of the funds ended up being allocated over the
                                      years of the program. It had very limited oversight and did not
                                      seem to achieve its proposed goals, based on looking at the Govern-
                                      ment Accountability Office’s (GAO’s) summary of this program.
                                         In my home State of Arkansas, I contacted the Arkansas Devel-
                                      opment Finance Authority, which oversaw this program. I spoke to
                                      the individuals who were responsible for implementing it, and was
                                      told, ‘‘It was not a pleasant experience.’’ And as they noted to me,
                                      it did not save or create a single job during the term of them at-
                                      tempting to use it in my home State.
                                         As many of us know, the success of the PPP program from last
                                      year’s CARES Act had kinks and faults, as does any start-up pro-
                                      gram that the government has. Something was created, and imme-
                                      diately, in 2 weeks, it began extending loans to small businesses.
                                      However, over the last 10 months, many of those flaws have been
                                      corrected and businesses are receiving the benefits of the Paycheck
                                      Protection Program.
                                         So another thing I am very cautious about today, as we start this
                                      hearing, is trying to initiate another program with a start-up
                                      phase, and changes, and notices of rulemaking, and frequently
                                      asked questions that would potentially complicate things, and
                                      delay our small businesses’ further access to funds, particularly
                                      when we have so much at stake, now that we have advanced in the
                                      Economic Injury Disaster Loans (EIDL) in the Paycheck Protection
                                      program, two big, well-funded successful programs as a part of the
                                      CARES Act, that are in the jurisdiction of the Small Business Com-
                                      mittee.
                                         And with that, Mr. Chairman, I yield back, and I look forward
                                      to the discussion today.
                                         Chairman HIMES. Thank you, Mr. Hill.
                                         The Chair now recognizes the Chair of the Full Committee, the
                                      gentlewoman from California, Chairwoman Waters, for one minute.
                                         Chairwoman WATERS. Thank you, Chairman Himes. I wanted to
                                      be here to congratulate you on hosting your first subcommittee
                                      hearing this Congress, and on such an important and urgent topic.
                                      Small and minority-owned businesses are the heart of our economy.
                                      Unfortunately, the COVID-19 pandemic has caused heavy financial
                                      and public-health pressures upon them, so reviving programs like
                                      the State Small Business Credit Initiative, which provides specific
                                      programs for the hardest-hit businesses like restaurants, could pro-
                                      vide targeted relief. This hearing must also focus our attention on
                                      minority-owned businesses, whose historical challenges with ac-
                                      cessing capital and assistance programs have been exacerbated by
                                      this pandemic. Thank you for the minute. I yield back the balance
                                      of my time.
                                         Chairman HIMES. Thank you, Chairwoman Waters.
                                         Chairwoman WATERS. You are welcome.
                                         Chairman HIMES. Today, we welcome the testimony of our distin-
                                      guished witnesses. In order, Nneka Brown-Massey, founder and




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                                      CEO of Innovative Supplies Worldwide, Inc., testifying on behalf of
                                      the Main Street Alliance; Gary Cunningham, president and CEO of
                                      Prosperity Now; Cliff Kellogg, executive director of the C-PACE Al-
                                      liance; Everett Sands, CEO of Lendistry; and Holly Wade, execu-
                                      tive director of the Research Center at the National Federation of
                                      Independent Business (NFIB).
                                         Witnesses are reminded that your oral testimony will be limited
                                      to 5 minutes. You should be able to see a timer on your screen that
                                      will indicate how much time you have left, and a chime will go off
                                      at the end of your time. I would ask that you be mindful of the
                                      timer, and quickly wrap up your testimony if you hear the chime,
                                      so that we can be respectful of both the witnesses’ and the com-
                                      mittee members’ time. And without objection, your written state-
                                      ments will be made a part of the record.
                                         Ms. Brown-Massey, you are now recognized for 5 minutes to give
                                      an oral presentation of your testimony.
                                      STATEMENT OF NNEKA BROWN-MASSEY, FOUNDER AND CEO,
                                       INNOVATIVE SUPPLIES WORLDWIDE, INC., ON BEHALF OF
                                       MAIN STREET ALLIANCE (MSA)
                                         Ms. BROWN-MASSEY. Chairman Himes, Ranking Member Hill,
                                      and members of the subcommittee, thank you for the opportunity
                                      to testify today on the need to better support minority-owned and
                                      smaller businesses like mine. I am honored and humbled to speak
                                      before your esteemed panel and to be alongside my distinguished
                                      fellow witnesses. And more importantly, thank you for putting this
                                      hearing topic front and center at the start of the 117th Congress,
                                      and demonstrating your strong commitment to helping the small
                                      business community.
                                         My name is Nneka Brown-Massey, and I am the founder and
                                      CEO of Innovative Supplies Worldwide, a school supplies design
                                      company based in Tulsa, Oklahoma. I am also speaking today as
                                      a member of the Main Street Alliance, a national network of more
                                      than 30,000 small business owners who, like me, are eager to share
                                      their perspectives on critical public policy issues, especially as we
                                      try to find a way out of this once-in-a-lifetime pandemic.
                                         In July of 2016, less than 2 months after finishing my 9-year ca-
                                      reer as a human resources specialist in the United States Army,
                                      I launched Innovative Supplies Worldwide, a stationery manufac-
                                      turing company. In the first 24 hours of my e-commerce launch, my
                                      brand-new business had sold more than 8,000 stationery notebooks
                                      globally. I received numerous awards and was accepted into entre-
                                      preneurship programs. The future could not have looked better or
                                      brighter for my start-up company.
                                         Then, COVID-19 hit us all last spring, and in my case, caused
                                      consumers to shift to online classes. With the transition to remote
                                      and digital learning, demand for my physical product dipped and
                                      my sales dropped more than 60 percent. When relief programs
                                      opened last April following the passage of the CARES Act, I imme-
                                      diately applied for the Economic Injury Disaster Loan (EIDL) ad-
                                      vance grant. However, after months of radio silence, I was finally
                                      told in June by a Small Business Administration (SBA) representa-
                                      tive that I had been denied for vague credit reasons. I was forced
                                      to establish a new relationship with a new bank when I tried to




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                                      apply for the PPP, because the bank I previously worked with
                                      closed their only branch in my town, only to be told by the new
                                      bank once I had opened my account, that they would not accept
                                      new PPP applications at the time.
                                         To compound matters, I am a service-disabled veteran with con-
                                      cussion complications from airborne missions with the 82nd Air-
                                      borne Division. The injuries I sustained have impacted my ability
                                      to manage and process large amounts of paperwork without dis-
                                      ability accommodations or support. The extensive and complicated
                                      loan application process required to access credit and capital be-
                                      came overwhelming for me.
                                         As profits dissipated and capital dried up for my struggling busi-
                                      ness, I resorted to using disability benefits from the Department of
                                      Veterans Affairs for my traumatic brain injuries and PTSD. It was
                                      not too long before my car was repossessed by Fifth Third Bank.
                                      With what little faith I had left, I applied for and was accepted into
                                      the Tulsa Remote Program, which pays remote workers $10,000 to
                                      move to Tulsa, Oklahoma, for a year. However, just to pay for the
                                      move, I had to use my tax refund and my stimulus check.
                                         What my experience underscores are the very real barriers that
                                      exist when it comes to accessing capital and credit. As a person of
                                      color, living in a rural area, who was not well-connected to the
                                      banking industry, I am here today not just to share my story, but
                                      to advocate for other small business owners who could just as eas-
                                      ily be sitting on this panel. What would have helped me the most,
                                      and could still help me now, is a flexible, responsive, direct grants
                                      program. Even just a $5,000 or $10,000 grant could change the
                                      course of my business and my life.
                                         In closing, I am grateful to appear before this committee today.
                                      Despite experiencing the highest of highs and the lowest of lows,
                                      at the end of the day, I am an entrepreneur trying my hardest and
                                      doing my best to succeed. I have proudly and dutifully served my
                                      country, sought the same opportunities that others have been af-
                                      forded, and done whatever was necessary to achieve financial free-
                                      dom, including packing my bags, moving to a foreign place, and se-
                                      curing my daughter’s well-being by making the incredibly painful
                                      decision to send her to be with her father in another State rather
                                      than force her to share the same sacrifices I am making.
                                         Despite the setbacks I have been dealt, I look forward to resum-
                                      ing the business mentorship I was providing to my employees,
                                      many of whom are at-risk youth, training them on inventory soft-
                                      ware, social media marketing, resume building, and other skill
                                      sets. Despite everything I have been through, I still believe in my-
                                      self and the potential of future entrepreneurs.
                                         I hope that you and your colleagues in Congress will make the
                                      most of this uniquely challenging yet historical moment in time to
                                      learn from the past and rethink entrepreneurship in this country.
                                      There are a number of lessons from 2020 and the uneven imple-
                                      mentation of COVID relief programs for small businesses. My expe-
                                      rience is one data point that could be built into a more intentional
                                      and systematic effort to collect quality disaggregated data about
                                      minority-owned small businesses.
                                         There should be a thorough examination of SBA lending, tech-
                                      nical assistance, and other programs to assess their effectiveness




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                                      for supporting very small businesses. Consumer protections should
                                      be expanded to small business borrowers—
                                        Chairman HIMES. Ms. Brown-Massey? Your time has expired.
                                        Ms. BROWN-MASSEY. Thank you.
                                        [The prepared statement of Ms. Brown-Massey can be found on
                                      page 32 of the appendix.]
                                        Chairman HIMES. We will have an opportunity to finish up dur-
                                      ing the period of questioning. But thank you for your testimony,
                                      Ms. Brown-Massey.
                                        Mr. Cunningham, you are now recognized for 5 minutes to give
                                      an oral presentation of your testimony.
                                       STATEMENT OF GARY L. CUNNINGHAM, PRESIDENT AND CEO,
                                                        PROSPERITY NOW
                                          Mr. CUNNINGHAM. Chairman Himes, Ranking Member Hill,
                                      Chairwoman Waters, and members of the subcommittee, thank you
                                      for inviting me here today. It is such an honor. I really appreciate
                                      it.
                                          My name is Gary Cunningham. I am the president and CEO of
                                      Prosperity Now, a national nonprofit that creates, identifies, tests,
                                      and scales new and existing solutions that address the root causes
                                      of the racial economic injustice in America. I came to Prosperity
                                      Now after serving as the president and CEO of a Community De-
                                      velopment Financial Institution (CDFI) and a Minority Business
                                      Development Agency (MBDA) in Minnesota. Therefore, I have had
                                      experience working hands-on to help entrepreneurs of color suc-
                                      ceed.
                                          I would like to start today by just setting the stage. According
                                      to the data from the U.S. Senate Committee on Small Business and
                                      Entrepreneurship, over the last 10 years, minority businesses ac-
                                      counted for more than 50 percent of all new business starts in the
                                      United States and created more than 4.7 million jobs. There are
                                      more than 4 million minority-owned companies in the United
                                      States with annual sales of close to $7 billion. That is a sizable
                                      footprint. Ensuring their financial health as employers and eco-
                                      nomic contributors, therefore, is critical.
                                          It is critical that we develop specific approaches to help minority
                                      businesses grow and scale. This will require targeted programs de-
                                      signed to serve those who have historically been left out.
                                          For instance, the Paycheck Protection Program, a universal pro-
                                      gram with outstanding goals, did not reach all businesses equally.
                                      Many minority business owners were left out of the process be-
                                      cause the universal program was not targeted to their specific
                                      needs. For example, many minority-owned businesses do not have
                                      relationships with commercial banks and other mainstream finan-
                                      cial institutions. We are losing economic productivity and trillions
                                      of dollars in GDP when we do not fortify and support for a strong
                                      ecosystem of minority business enterprises.
                                          In fact, Black-owned businesses were the fastest-growing busi-
                                      ness segment in our economy before COVID-19 hit. Between Feb-
                                      ruary and May of last year, however, a whopping 41 percent of
                                      Black-owned businesses were shuttered. The impact of COVID on
                                      minority businesses is dire and threatens to undo the growth we
                                      have seen in the last decade.




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                                         I must be clear: I am not here to argue for handouts. I am here
                                      to argue that targeted, strategic investments to minority busi-
                                      nesses will yield significant returns in the form of increased home
                                      ownership, jobs, and tax revenue. From my experience in working
                                      with minority entrepreneurs, access to technical assistance is the
                                      secret sauce of success. Trusted guidance in the form of technical
                                      assistance is needed to grow and scale these businesses. Many need
                                      investments in infrastructures, simple things like bookkeeping and
                                      accounting support, or help filling out a loan application. The cur-
                                      rent system with MBDA and SBA is needed, but we need more. We
                                      need to increase the level of technical support and assistance and
                                      capital going to minority businesses.
                                         Despite all of these barriers, entrepreneurs of color are making
                                      a difference in this country. They are at the forefront of closing the
                                      racial wealth gap. We are facing a moment of true reckoning. There
                                      is so much at stake at this moment. Giving minority businesses the
                                      tools to survive can result in stronger employment and economic
                                      outcomes, a healthier trajectory for communities across the coun-
                                      try, and a chance to truly close the growing racial wealth gap. Clos-
                                      ing this gap, this racial wealth gap, is not just a moral argument.
                                      It is vital to establishing a sound economic future for this country,
                                      and it could increase the GDP by $1 trillion to $1.5 trillion over the
                                      next decade.
                                         Thank you for giving me the opportunity to speak today. I look
                                      forward to your questions. Thank you, Mr. Chairman.
                                         [The prepared statement of Mr. Cunningham can be found on
                                      page 38 of the appendix.]
                                         Chairman HIMES. Thank you, Mr. Cunningham.
                                         Mr. Kellogg, you are now recognized for 5 minutes to give an oral
                                      presentation of your testimony.

                                      STATEMENT OF CLIFTON G. KELLOGG, EXECUTIVE DIRECTOR,
                                                        C-PACE ALLIANCE
                                        Mr. KELLOGG. Thank you, Chairman Himes.
                                        Good afternoon. My name is Cliff Kellogg. I commend the sub-
                                      committee for holding a hearing on this important topic. I have
                                      worked on these issues in many professional capacities during my
                                      career from South Shore Bank to City First Bank in Washington,
                                      D.C. However, I believe the subcommittee invited my testimony
                                      today due to my experience as the Director of the State Small Busi-
                                      ness Credit Initiative (SSBCI) during the Obama-Biden Adminis-
                                      tration.
                                        My testimony is in two parts: first, I will highlight some of the
                                      most significant outcomes of SSBCI; and second, I will offer a few
                                      ideas on how a reauthorized SSBCI could extend its impact to cre-
                                      ate even more benefit for minority-owned businesses and disadvan-
                                      taged communities.
                                        In 2010, lawmakers designed SSBCI with one overriding goal: To
                                      stimulate more private sector lending and investing. Then, as now,
                                      dire economic conditions made lenders and investors extremely
                                      cautious. Just yesterday, the Federal Reserve Banks released their
                                      Small Business Credit Survey showing that only 13 percent of Afri-
                                      can-American-owned firms received the full amount of financing




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                                      they sought, while their White-owned firm peers met their financ-
                                      ing needs more than 3 times as often.
                                         SSBCI’s strategy is simple: Provide States with funds to share in
                                      the risk of making loans and investments. SSBCI required at least
                                      one dollar of private capital at risk for every Federal dollar, with
                                      the goal of achieving ten-to-one leverage over the life of the pro-
                                      gram.
                                         The specific outcomes were as follows. In 2010, SSBCI awarded
                                      $1.5 billion to programs in all 50 States, Washington, D.C., and the
                                      Territories. The result was over 21,000 new loans and investments
                                      exceeding $10 billion. On average, businesses supported by SSBCI
                                      employed 11 people, though half of the firms employed 3 people or
                                      less. Clearly, the program reached small firms.
                                         Forty-three percent of the loans or investments were located in
                                      low- or moderate-income communities, and 41 percent went to
                                      women-owned or minority-owned businesses. Again, it’s a good sign
                                      that SSBCI reached underserved communities.
                                         So, what makes SSBCI distinct? First, SSBCI gave States the
                                      flexibility to design their program to suit local conditions. States
                                      could fund startups and expansions, manufacturing loans, and
                                      microloans. Some States chose to provide additional collateral.
                                      Other States funded reserve accounts for a portfolio of loans. States
                                      could operate their program directly or they could hire a contractor.
                                      Because local conditions varied from State to State, flexibility in
                                      design made SSBCI successful.
                                         Second, SSBCI enabled lenders to make larger loans or make
                                      loans with more favorable terms than they would have made other-
                                      wise. SSBCI shared in the risk, but the private sector always had
                                      the greatest skin in the game.
                                         SSBCI demonstrated that a well-run program reaches a vast
                                      range of small businesses, including underserved businesses.
                                      Again, the data from version 1 of SSBCI are promising. As the
                                      committee considers reauthorizing SSBCI with higher appropria-
                                      tions, it is clear that the States have the capacity to scale up their
                                      SSBCI programs, and that alone will be a new benefit, a larger
                                      benefit to small businesses. However, more can be done in Version
                                      2 of SSBCI.
                                         First, States should be required to include outreach through
                                      CDFIs and Minority Depository Institutions (MDIs). And they
                                      should be authorized to collect demographic information on the
                                      small businesses they serve.
                                         Second, the committee might consider increasing the amount al-
                                      located to States or run a competitive round for States, provided
                                      they reach an above-average share of minority-owned firms. The
                                      committee might lower the required leverage for these high-per-
                                      forming states.
                                         Third, States should be asked to fund technical assistance to
                                      small businesses from their allocations to ensure equitable access
                                      and optimum use of these resources.
                                         And finally, the committee might consider allowing multi-State
                                      applications, or in the alternative, running a competitive round
                                      that awards funds directly to those lenders with a multi-State foot-
                                      print. A multi-State footprint is especially important for equity in-
                                      vestment programs that target underserved communities.




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                                         In summary, Version 1 of SSBCI clearly supported small busi-
                                      ness economic recovery. Reauthorizing a larger SSBCI with en-
                                      hancements to reach underserved communities would be a valuable
                                      part of helping small and minority-owned firms recover from this
                                      pandemic. I welcome any questions you may have. Thank you very
                                      much.
                                         [The prepared statement of Mr. Kellogg can be found on page 40
                                      of the appendix.]
                                         Chairman HIMES. Thank you, Mr. Kellogg.
                                         Mr. Sands, you are now recognized for 5 minutes to give an oral
                                      presentation of your testimony.
                                              STATEMENT OF EVERETT K. SANDS, CEO, LENDISTRY
                                         Mr. SANDS. Good afternoon, Chairman Himes, Ranking Member
                                      Hill, and Chairwoman Waters. Thank you for your interest in my
                                      perspective on today’s topic, which has been an every-day conversa-
                                      tion for so many of us over the past 10 months.
                                         My name is Everett K. Sands, and I have more than 20 years
                                      of experience in lending. For the past 5 years, as founder and CEO
                                      of Lendistry, my focus has been on responsible lending to under-
                                      served small businesses, particularly those owned by minorities,
                                      women, veterans, and people in rural areas. Lendistry is a minor-
                                      ity-led CDFI, Fintech CDFI, a member of the Federal Home Loan
                                      Bank of San Francisco, and an SBA lender. We are a signatory on
                                      the Small Business Borrowers’ Bill of Rights, and we also have a
                                      nonprofit technical assistance affiliate. Lendistry rates second na-
                                      tionwide in SBA Community Advantage Loans, which range from
                                      $50,000 to $250,000.
                                         Community advantage is the only category of SBA loan in which
                                      Black and Latinx borrowers combined account for more than 10
                                      percent of annual loan buy-in. More than 73 percent of Lendistry’s
                                      total outstanding principal loan balance is with minority- and
                                      women-owned business borrowers.
                                         Lendistry’s focus on small and minority-owned businesses, and
                                      our ability to efficiently process high volumes of applications has
                                      enabled us to make an impact during this period of urgent need.
                                      By the one-year anniversary of COVID lockdowns, Lendistry
                                      wealth has deployed nearly one billion dollars to nearly 70,000
                                      small businesses in PPP loans and government grants.
                                         Prior to the pandemic, Lendistry funded millions in SSBCI-
                                      backed loans. The program gave us flexibility in our underwriting
                                      criteria without sacrificing our credit and risk management. But
                                      we could have originated more and made more impact if certain
                                      barriers were lowered.
                                         Before discussing specific recommendations for the SSBCI legis-
                                      lation, I would like to discuss four urgent objectives and opportuni-
                                      ties for SSBCI that I believe should frame the subcommittee’s work
                                      in this matter.
                                         First, SSBCI must clearly answer the urgent need of small and
                                      minority-owned businesses for capital to help them survive, sta-
                                      bilize, and recover through the pandemic in a way that recognizes
                                      the disparate impact of the pandemic on minorities.
                                         Second, SSBCI should be robust enough to act as an engine for
                                      inclusive national economic expansion. Whenever there are massive




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                                      economic shocks, from Hurricane Katrina to the Great Recession,
                                      the driving force of recovery and job creation comes from new busi-
                                      ness formation. The decisions this subcommittee and your col-
                                      leagues make concerning the size and the design of the program
                                      will make a difference. There is a positive correlation between busi-
                                      nesses that can have a significant multiplier effect on the economy
                                      and businesses that require capital.
                                         I want to emphasize inclusive expansion. Starting and owning a
                                      business is one of the most effective paths for minorities to close
                                      a wage and wealth gap, while minority-owned businesses face well-
                                      known disparities in accessing capital.
                                         The third guiding objective for the SSBCI is the opportunity to
                                      draw more responsible lenders. The program’s size and features
                                      should make it so attractive to banks and community lenders that
                                      they come full-force into the small end of the lending market, pro-
                                      viding businesses with a welcome alternative to predatory lending.
                                         Finally, SSBCI should enable CDFIs to have a maximum impact.
                                      As we have seen during the PPP, CDFIs made efficient access to
                                      capital and to geographies. But in the original program, it was very
                                      difficult for the CDFIs to be where the available funds were, leav-
                                      ing small businesses to suffer as a result.
                                         I will now refer you to the section of my written testimony
                                      Roman Numeral V, for an expanded discussion on six specific rec-
                                      ommendations for the legislation. Here’s a summary. Number one,
                                      the funding level for SSBCI should be at least $10 billion. Number
                                      two, the portion of authorized funds dedicated to minority-owned
                                      businesses should be 60 percent.
                                         Number three, at least 5 percent of authorized funds should be
                                      dedicated to technical assistance and certain specific areas of pro-
                                      nounced need. Number four, the legislation should automatically
                                      authorize CDFIs, SBA-approved Community Development Corpora-
                                      tions, and Business Development Corporations to offer SSBCI-sup-
                                      ported loans nationwide.
                                         Number five, for every program supported by SSBCI, loans to mi-
                                      nority-owned businesses should qualify for an additional 10 percent
                                      of guaranteed coverage. And finally, there should be mechanisms
                                      to rescind funds from States that failed to deploy their allocated
                                      capital expeditiously, and redeploy those funds to States operating
                                      those programs effectively.
                                         To close, a robust reauthorization of SSBCI is necessary to meet
                                      the dual imperatives to stabilization and recovery, and new busi-
                                      ness formation and growth. It is vital that SSBCI is large enough
                                      for both needs. I want to thank the Chair and the subcommittee
                                      members, and I am happy to see Congressman Lynch on this sub-
                                      committee.
                                         [The prepared statement of Mr. Sands can be found on page 42
                                      of the appendix.]
                                         Chairman HIMES. Thank you, Mr. Sands.
                                         And Ms. Wade, you are now recognized for 5 minutes to give an
                                      oral presentation of your testimony.




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                                      STATEMENT OF HOLLY WADE, EXECUTIVE DIRECTOR, RE-
                                       SEARCH CENTER, NATIONAL FEDERATION OF INDE-
                                       PENDENT BUSINESS (NFIB)
                                         Ms. WADE. Good afternoon, Chairman Himes, Ranking Member
                                      Hill, and distinguished members of this subcommittee. Thank you
                                      for the opportunity to testify today on supporting small and minor-
                                      ity-owned businesses through the pandemic. NFIB is the leading
                                      small business advocacy association, founded in 1943 as a non-
                                      profit, nonpartisan organization. NFIB’s mission is to promote and
                                      protect the rights of its members to own, operate, and grow their
                                      business. NFIB proudly represents approximately 300,000 mem-
                                      bers nationwide from every industry and sector.
                                         The NFIB Research Center promotes greater understanding of
                                      small business and the conditions that impact it. The Center pro-
                                      duces and disseminates various surveys and studies on small busi-
                                      ness, focused on areas related to business operations and public
                                      policy effects. The Research Center has conducted a series of sur-
                                      veys over the last 10 months assessing the impact the pandemic
                                      has had on small business owners. These surveys assess economic
                                      conditions in their local area, utilization of Federal and State loan
                                      and grant programs as well as tax credits designed to help small
                                      business owners survive the crisis.
                                         From the onset of the crisis, small business owners have strug-
                                      gled to adjust to rapidly changing economic conditions. The initial
                                      months were particularly damaging to the small business sector as
                                      historically large numbers of small businesses closed temporarily
                                      and permanently. Those businesses that remained open had to
                                      navigate strict business operating restrictions, and dramatic shifts
                                      in consumer spending, which often forced owners to use their own
                                      limited savings to keep their business open while trying to access
                                      funding through the Paycheck Protection Program (PPP).
                                         The PPP has been extremely popular with small business own-
                                      ers, with 76 percent of NFIB members receiving a PPP loan in
                                      2020. However, it is not without significant complications and
                                      stress among small business owners who are desperate for imme-
                                      diate financial assistance. The initial challenges for many were im-
                                      mense. Owners were often confused on eligibility, how to calculate
                                      loan amounts, and how to spend their loan dollars to maximize for-
                                      giveness. NFIB quickly became an educating force for small busi-
                                      ness owners trying to reach as many as possible to help them navi-
                                      gate the program, but also reach those populations of owners, most-
                                      ly non-employers, to let them know that they, too, were likely eligi-
                                      ble to participate.
                                         We also heard from small business owners struggling to find
                                      lenders to accept their PPP application. We know that small banks
                                      and community banks have significantly declined in recent years,
                                      and that became a clear issue in accessing the PPP program. The
                                      initial months were difficult. But as the Paycheck Protection Pro-
                                      gram evolved, and Congress allocated more money to the program,
                                      and more lenders were eligible to accept applications, small busi-
                                      ness owners were generally able to access a loan.
                                         The first round of PPP was very effective in helping small em-
                                      ployers maintain payroll as well as paying other eligible expenses
                                      that were critical in business operations. The reopening of the PPP




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                                      loan program last month appears to be operating much more
                                      smoothly. Lenders and small business owners are far more familiar
                                      with the program, and the allocation of funds was staggered at the
                                      beginning to better serve first those populations of small business
                                      owners who found the program extremely difficult to access during
                                      the initial rollout last year.
                                         Small business owners are eager to get back to business, but it
                                      will be some time before those more public-facing businesses—res-
                                      taurants, retail, and many in the service sector—are able to fully
                                      operate again. These small businesses will likely need additional
                                      support so that when the economy fully reopens, they are in a
                                      strong position to take advantage of returning customers and con-
                                      sumer spending.
                                         Small business owners often have limited time and resources to
                                      find, navigate, and access target-assistance programs. Most small
                                      business owners are familiar with the PPP, and the SBA’s Eco-
                                      nomic Injury Disaster Loans, another program, that despite its
                                      challenges, is often very effective in helping keep small business
                                      owners afloat. I would encourage members of the subcommittee to
                                      keep these programs front and center and focus resources on reach-
                                      ing out to those communities still struggling to access the pro-
                                      grams. The PPP loan program is currently the best way to help
                                      those small business owners who are still negatively impacted by
                                      the pandemic.
                                         In going forward, the SBA’s EIDL and 7(a) loan programs will
                                      be valuable resources for those needing additional financing not
                                      otherwise available to them. Thank you for having me here, and I
                                      yield back. Thank you.
                                         [The prepared statement of Ms. Wade can be found on page 55
                                      of the appendix.]
                                         Chairman HIMES. Thank you very much, Ms. Wade.
                                         I now recognize myself for 5 minutes for questions. And Mr.
                                      Cunningham, I am going to start with you, but I am going to invite
                                      the other witnesses to add on to this. The question of technical as-
                                      sistance has sort of permeated all of your presentations, and I saw
                                      in my own district what happened with less sophisticated busi-
                                      nesses as they were asked to approach banks and did not nec-
                                      essarily have banking relationships.
                                         Mr. Cunningham, what would technical assistance actually look
                                      like on the ground? I remember when the PPP was rolled out,
                                      there was an absolute panic, in the sense that banks were getting
                                      the guidance 24 hours before they had to open for business. So I
                                      would love to have you paint a picture of what effective technical
                                      assistance would look like.
                                         Mr. CUNNINGHAM. Yes. Thank you, Mr. Chairman. I would start
                                      by saying that effective technical assistance really begins with a
                                      trusted relationship between the person or the organization pro-
                                      viding that technical assistance and the business. And we call it
                                      trusted guidance for that reason because many of the minority
                                      businesses do not have that kind of resource to actually buy tech-
                                      nical assistance like many other businesses do.
                                         So by providing that technical assistance, what it looks like on
                                      the ground is, one, going through completely the financial situation
                                      of that business, looking at them from a strategic perspective of




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                                      where they are trying to position their business, and it is also get-
                                      ting down in the nitty-gritty of what are their support structures
                                      such as accounting, such as issues of marketing, such as their abil-
                                      ity to actually seek new markets for their products or services. And
                                      so,technical assistance experts actually help that business figure
                                      out what their current path is, restructure their loans or other fi-
                                      nancing if necessary, engage them with a formal bank in a formal
                                      banking relationship, or a deep relationship with a CDFI or others.
                                      So it can take different forms, but it is all about starting a business
                                      off in one place and then moving them actually to a growth trajec-
                                      tory over time or creating some stability for that business so that
                                      business can survive in this pandemic that we have.
                                         Chairman HIMES. And, Mr. Cunningham, before I open it up to
                                      the other witnesses to opine, I am still not 100 percent clear on
                                      who would actually be providing—are we talking about people in-
                                      side banks? Are we talking about the SBA? SCORE? Who would
                                      actually provide that technical assistance?
                                         Mr. CUNNINGHAM. Yes. Mr. Chairman, there are several different
                                      ways that can happen. One is that the Minority Business Develop-
                                      ment Agency has over 40 centers throughout the country that actu-
                                      ally provide deep and technical assistance. There are also commu-
                                      nity-based organizations that are nonprofits in those communities
                                      that provide technical assistance. CDFIs provide a lot of that tech-
                                      nical assistance.
                                         Most of the time with the larger banks and others, they do not
                                      provide those types of services, and so part of the reason why mi-
                                      nority businesses come to alternative lenders such as Lendistry
                                      and others is because they actually have a trusted relationship,
                                      and that organization is located directly in their community. And
                                      so, it creates a dynamic of, you are not going to open up your books
                                      to everybody. You are going to open it up to folks that you actually
                                      have a relationship with and who are trying to change.
                                         So, those are the institutions that are in community, and it could
                                      be different in Indianapolis than it is in Minneapolis in terms of
                                      the ecosystem of supports, but they all are doing the same thing.
                                         Chairman HIMES. Thank you. Thank you, Mr. Cunningham.
                                         I have just 60 seconds left, so let me invite the other witnesses,
                                      if they have views on how we might be more effective on technical
                                      assistance, to offer their thoughts?
                                         Ms. BROWN-MASSEY. Chairman Himes, I do have one that I
                                      would like to suggest. I know this meeting was held virtually, but
                                      I actually did travel to New York for this meeting. And when I was
                                      meeting with a massage therapist inside of the Tulsa Airport, she
                                      said that she was unable to access the loans as well because she
                                      did not know how to classify her income as a massage therapist in-
                                      side of an airport right now during these times. So, I ended up giv-
                                      ing her extra money, on top of the payment, so that I could help
                                      her in some way to get groceries, because she was not getting the
                                      income that she once would have right now.
                                         Chairman HIMES. Thank you. Thank you, Ms. Brown-Massey. I
                                      am pretty much out of time. The Members are aware of the fact
                                      that we have an unanticipated Floor vote right now, so I am going
                                      to recognize Ranking Member Hill.




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                                         Mr. San Nicholas, before I do that, you are getting the virtual
                                      gavel, so I will recognize Mr. Hill, then you are next, and hopefully,
                                      I can get back and reassume the chair. But if not, you are Chair
                                      pro tempore. Thanks.
                                         And with that, I recognize Ranking Member Hill.
                                         Mr. HILL. Thanks, Mr. Chairman, and what an excellent panel.
                                      I know the Members are delighted to listen to these informed,
                                      knowledgeable panelists. And, of course, you are talking about very
                                      good specifics on how to improve our small business lending pro-
                                      grams like the PPP, EIDL, and the 7(a) program, and those are all
                                      under the jurisdiction of the House Small Business Committee, not
                                      this committee. But I think the discussion has been very inform-
                                      ative.
                                         I represent the fourth-largest CDFI, depository CDFI in the
                                      country, Southern Bancorp in central Arkansas, and they do such
                                      a great job. And I was on the CDFI advisory board during the end
                                      of Bush 43 and the beginning of the Obama Administration. So, I
                                      have seen the good work of the CDFIs and the CDFI loan funds
                                      around the country. And I know how engaged you have been and
                                      that is why Congress, in both the CARES Act and the subsequent
                                      bills, has increased the set-asides that were being discussed.
                                         Mr. Sands talked about $30 billion in PPP for CDFIs and minor-
                                      ity banks. And then in the December bill, $12 billion direct to the
                                      CDFI fund so that they can do direct investment in low- to mod-
                                      erate-income communities. And then, a $15 billion set-aside, if you
                                      want to use that term, for minority banks and CDFIs in the third
                                      round of PPP.
                                         And when you look at the loans in those programs, they really
                                      are for everything from $500, up to 87 percent of the loans were
                                      under $150,000. So, it really was a remarkable program. And I ap-
                                      preciate Ms. Wade talking about how many of her members bene-
                                      fitted, and all of our Members of Congress love doing business with
                                      and visiting with our NFID members in our district.
                                         Ms. Brown-Massey, I really feel your pain. I was a very entrepre-
                                      neurial person, starting businesses and helping others start theirs
                                      for over 3 decades before I came to Congress. And I really could
                                      relate to your story, and Tulsa is 5 hours from Little Rock, so I
                                      urge you to move to Little Rock. We will take better care of you
                                      than those Oklahomans. But you made a really good comment, that
                                      we need support urgently and it cannot be in loans. And, of course,
                                      this program to the States can do other things besides loans, but
                                      it is effectively another loan program.
                                         This is why we are all frustrated, everybody on this call, with
                                      how ineffectual EIDL was. It was a black box. You did not know
                                      if you were going to get $1,000 or $10,000. You did not know if you
                                      were going to be qualified, and you had to wait weeks. That has
                                      been improved, but if I could wave a magic wand, we would have
                                      a significant improvement in the EIDL program and remove it
                                      from this black-box status.
                                         It is designed for a hurricane. It is designed for a tornado. It is
                                      not designed for a permanent—not permanent, but a 50-State crisis
                                      like this pandemic. So, do you still believe that a PPP-type loan
                                      grant program is the better approach to help you, Ms. Brown-
                                      Massey?




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                                         Ms. BROWN-MASSEY. Ranking Member Hill, I think both at this
                                      point are needed.
                                         Mr. HILL. Yes.
                                         Ms. BROWN-MASSEY. I really think this idea of exploring, getting
                                      extra capital to each State to deploy out to the citizens of each
                                      State, is more effective. Like Holly was saying, a lot of the banks
                                      are bigger. Smaller ones have gone, and so there are a lot of chal-
                                      lenges in that relationship-building that a lot of cities and towns
                                      have lost in this day and age. I think that incorporating the States
                                      in some capacity in these times is very much necessary.
                                         Mr. HILL. I agree. And in the technical assistance discussion, the
                                      hand-holding, the mentorship that Mr. Cunningham was address-
                                      ing, this is so key. In Little Rock, we have the conductor, which is
                                      a Kauffman Foundation, a supported organization, a small busi-
                                      ness center at the university, plus our chambers, plus our CDFIs
                                      use their nonprofit arms to do a lot of that mentorship. But I also
                                      saw a lot of community banks bend over backwards to help people
                                      fill forms out just to get them the help, so I agree that mentorship
                                      is very important.
                                         But again, let me thank our panelists for being here. I know we
                                      are going to have a good discussion. I, too, am going to go vote, so
                                      Mr. San Nicholas, I am going to yield back.
                                         Mr. SAN NICHOLAS. [presiding]. Thank you, Mr. Hill.
                                         And let me begin, first, by recognizing myself in the speaking
                                      order, but also by stating for the record, that I was very impressed
                                      by our subcommittee chairman’s introductory statement, and for
                                      sharing his sentiment as well, on the excellence of our ranking
                                      member and his ability to contribute to the dialogue.
                                         I also want to open by saying, Ms. Brown-Massey, that your
                                      story, your circumstances are not unique. But for you to be able to
                                      share them in this subcommittee, it is so important. And what you
                                      have gone through is what so many other Americans have gone
                                      through. And what this Congress needs to do and what it has been
                                      trying to do is to find ways to, of course, support the broad needs
                                      that are presenting themselves in this pandemic, but to now go in
                                      as we do these next rounds and figure out how we can further en-
                                      hance the programs and tweak the programs to make them more
                                      effective.
                                         But I just wanted to say that your story is very, very impressive.
                                      With the sacrifices you are willing to make to be a successful entre-
                                      preneur, you are really the story of every-day Americans here in
                                      this country.
                                         Mr. Sands, I wanted to give you an opportunity to further elabo-
                                      rate on what your recommendations are and how we can improve,
                                      or particularly improve, access to SSBCI support. And I am inter-
                                      ested in your perspective, being from a lender, on how we can fur-
                                      ther enhance the SSBCI program to help those borrowers out there
                                      who are coming to institutions such as yours, seeking support, and
                                      what some of the roadblocks might be on the SSBCI program, or
                                      what some of the components are that we can further support fi-
                                      nancially or with maybe some improved access points?
                                         Mr. SANDS. Thank you, Congressman. I will first say that the
                                      program, as initially designed, was designed well, and I think that
                                      one of the things we have to always recognize is that programs




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                                      need to be tweaked and we need to learn from different programs
                                      whether it be the SSBCI or whether it be PPP or others.
                                         The first thing I think we need to concentrate on when we are
                                      thinking about an intentional focus in terms of where capital flows
                                      is the deployers of capital. One great thing, which has been men-
                                      tioned here, is that Congress has already made the decision to in-
                                      vest in CDFIs, giving more money to the CDFI fund, including the
                                      recent $12 billion in H.R. 7933. And we thank Chairwoman Waters
                                      and other Congress professionals, men and women, for that help.
                                         Now that that resource has been invested, and prior to that re-
                                      source being invested, there were already CDFIs with this
                                      intentionality, whether it be the technical assistance that Mr.
                                      Cunningham mentioned or whether it be the ability to actually
                                      lend to these communities. They do not actually have to build rap-
                                      port. They just need to be empowered to do more. And we have
                                      been able to see this in a couple of the programs that we run.
                                         For example, in the State of Pennsylvania, we ran a program in
                                      which 18 CDFIs collaborated. We took in 62,000 applications, in 20
                                      days, for $1.1 billion of requests. That scenario of what we did, we
                                      have done through nine other programs. I have had admission-
                                      based lenders collaborate together.
                                         And so, I think in this SSBCI 2, what we need to do is just recog-
                                      nize where are the opportunities for these collaborations that have
                                      already been created? You take a company like Lendistry, which
                                      has already built a technical infrastructure or a technology infra-
                                      structure, and again, the intentionality and the capital is now
                                      pouring in. So, I think we have a huge opportunity to do something
                                      fairly significant here with SSBCI Version 2. Thank you.
                                         Mr. SAN NICHOLAS. Mr. Kellogg, please?
                                         Mr. KELLOGG. Representative San Nicolas, thank you. I wanted
                                      to clarify one point that of the SSBCI funds, one-third was used for
                                      equity programs, so two-thirds were used for loan programs. One-
                                      third was for programs that would help launch new programs or
                                      help the growth of small business. And that money for equity is so
                                      scarce, especially for minority-owned firms. And it is critically
                                      needed in areas that are often not thought of as the—where equity
                                      capital is available. So this money for equity did not go to Cali-
                                      fornia, the Boston area, or the New York City area. Instead, it
                                      went to areas like Oklahoma, Tennessee, Michigan, Wisconsin, and
                                      the State of Washington. So, there is an important use of SSBCI
                                      for that kind of investment capital. I just wanted to bring that to
                                      the subcommittee’s attention. Thank you.
                                         Mr. SAN NICHOLAS. Thank you very much. My time has expired,
                                      so I yield back. And I recognize Mr. Williams of Texas for 5 min-
                                      utes.
                                         Mr. WILLIAMS OF TEXAS. Thank you, Mr. Chairman. Aggressive
                                      tax policy allows businesses to make money, create cash flow, and
                                      expand their operations. After we passed the Tax Cuts and Job Act,
                                      we saw more jobs than people, which caused businesses to compete
                                      in order to attract workers. In the auto industry, we saw car wash-
                                      ers making as much as $18 an hour after the tax cuts went into
                                      effect. Competition and a booming economy increased workers’
                                      wages, not government mandates like a $15 minimum wage. This
                                      one-size-fits-all system might be feasible in some cities like New




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                                      York or Los Angeles, but for businesses in Clifton or Coppers Cove,
                                      Texas, this additional cost would be devastating for small busi-
                                      nesses.
                                         Ms. Wade, can you talk about the effects of increasing the Fed-
                                      eral minimum wage to $15 an hour?
                                         Ms. WADE. Certainly. We just actually today released a survey
                                      on the effects of a proposed $15 minimum wage on small employ-
                                      ers. And roughly three-fourths of them said they would be nega-
                                      tively impacted if they had to comply with a $15 minimum wage
                                      increase over 5 years. And this increase of a $15 minimum wage
                                      would most negatively impact those industries that are most nega-
                                      tively impacted, unfortunately, by the pandemic. So, those public-
                                      facing businesses—restaurants retail, and accommodations—would
                                      have the most negative impact of an increase in minimum wage.
                                         But it is not just having the increase to a $15 minimum wage.
                                      It is increasing everybody around that $15 minimum wage level
                                      and adjusting those compensations for experience and the technical
                                      aspects of the position. Business owners, when asked how they
                                      would absorb those costs, said it would primarily go to lower earn-
                                      ings, but also reducing employee hours, reducing the number of
                                      employee, both part time and full time, and not filling open posi-
                                      tions.
                                         Mr. WILLIAMS OF TEXAS. Coming out of the COVID-19 pandemic,
                                      we need to make sure entrepreneurs are able to take a chance on
                                      themselves to pursue the American Dream. If someone lost their
                                      job because of the pandemic and wants to try to start their own
                                      business, and we have some great examples here today, we need
                                      to do all we can to support those efforts. Our economic system is
                                      built on competition, it is built on risk and reward, and we need
                                      to be examining the barriers to entry that are preventing people
                                      from taking that leap of faith and to bet on themselves.
                                         So another question to you, Ms. Wade, can you talk about some
                                      of the barriers to entry that we should be looking to lower in order
                                      to make it easier for someone to start their own business?
                                         Ms. WADE. Sure. Absolutely. For small business owners or people
                                      trying to start a small business, lowering the barrier to entry is a
                                      critical component. The increased costs, not only on the Federal
                                      level, but on the State and local levels, just raised the barrier of
                                      entry for many people who are wanting to start a small business.
                                      The more it costs to hire that next employee, the less likely that
                                      will happen. And the more challenging it is to navigate the regu-
                                      latory system and tax compliance system in operating a business,
                                      you will find less folks likely to open and start a business. Those
                                      are the main challenges. It is a lot, but regulatory and tax compli-
                                      ance are two of the biggest ones.
                                         Mr. WILLIAMS OF TEXAS. That is right. The nation puts more in
                                      the hands of the people and the small business owners than the
                                      government, which gets its return on investment. So lastly, the
                                      Paycheck Protection Program was a success in quickly giving out
                                      money to businesses in need. By partnering with the private sector,
                                      banks and financial institutions were able to distribute hundreds
                                      of millions of dollars in record time. There were some flaws with
                                      the program when it was first implemented, but it seems to be run-
                                      ning smoother now than it has been, this second time around.




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                                         Ms. Wade, what lessons can we take from the Paycheck Protec-
                                      tion Program that we could try to incorporate in other government
                                      programs to assist small businesses?
                                         Ms. WADE. Using the vast structure of the banking system was
                                      key in getting the money out to small business owners. But many
                                      said that the relationship of small business owners to their bank
                                      was a crucial component that many small business owners lacked,
                                      and that relationship is often occurring at smaller and community
                                      banks, which have those relationship lending experiences that are
                                      important. So the decline in those types of banks, I think is crucial
                                      in supporting that relationship.
                                         Mr. WILLIAMS OF TEXAS. I would just close by saying the banks
                                      did a tremendous job. I do not know another country in the world
                                      that could have done what our banks did, and we need to com-
                                      pliment them.
                                         With that in mind, Mr. Chairman, I yield back.
                                         Chairman HIMES. Thank you, Mr. Williams.
                                         With that, we will go to Mr. Torres of New York.
                                         Mr. TORRES. Thank you, Mr. Chairman. I have a question about
                                      the performance of the Mainstream Lending Program, which is run
                                      by the Federal Reserve before expiring at the end of 2020. Even
                                      though the program had $600 billion in lending capacity, it only
                                      generated $16.5 billion in loans. I am wondering if anyone on the
                                      panel knows why the program appeared to have performed so poor-
                                      ly?
                                         Ms. WADE. I will just jump in here quickly. At NFIB, we sur-
                                      veyed to see how the understanding or just knowing about the pro-
                                      gram for the small business community and it was largely not
                                      heard of. It was not advertised. But also, the big component that
                                      was such a challenge was the 5-year loan term and having to pay
                                      that back in such a quick timeframe. That is why the Economic In-
                                      jury Disaster Loan Program is so helpful, with that 30-year term
                                      loan. The Main Street Lending Program was just too difficult to
                                      navigate, in terms of being comfortable and paying back those
                                      loans, but also even knowing that the program existed was a chal-
                                      lenge.
                                         Mr. TORRES. Thank you. That is helpful.
                                         I have a question for Mr. Kellogg. I know the Obama Administra-
                                      tion regarded SSBCI as a success story in partnership with the
                                      Federal Government. The States leveraged a $1.5 billion to gen-
                                      erate $10.7 billion in loans and investments, and it is said to have
                                      led to the creation and retention of 240,000 jobs. I know you laid
                                      out some of the reforms that could be made to the program. I am
                                      curious to know how you would evaluate the efficacy of the pro-
                                      gram relative to PPP? I do not know if you heard my question, Mr.
                                      Kellogg? I think you are on mute.
                                         Mr. KELLOGG. Thank you. I’m sorry. My connection has not been
                                      reliable, but I can hear you now.
                                         Mr. TORRES. Did you hear my question?
                                         Mr. KELLOGG. No. Would you mind repeating it?
                                         Mr. TORRES. I was just asking if you could compare the merits
                                      of the PPP program to the merits of SSBCI. Which one do you see
                                      as more effective?




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                                         Mr. KELLOGG. I think they are both critical. The PPP was de-
                                      signed to provide 21⁄2 months’ worth of payroll expense on a forgiv-
                                      able basis, which was critical to survival. But it was never designed
                                      to be a program to help businesses grow. And the SSBCI program
                                      was designed to encourage banks and investors to make those kind
                                      of growth investments. So, they serve a different policy service. Is
                                      that helpful?
                                         Mr. TORRES. Fair enough. I have a question about minority-
                                      owned businesses, which were hit the hardest by the pandemic. As
                                      you know, in the early months of the pandemic, 41 percent of
                                      Black-owned businesses, and 32 percent of Latino-owned busi-
                                      nesses were wiped out essentially overnight by the economic impact
                                      of COVID-19. And not only are minority-owned businesses the first
                                      to be hit the hardest, but they are often the last to receive relief,
                                      as we saw with the first round of PPP.
                                         I am wondering, should there be a program that is dedicated spe-
                                      cifically to providing financing to minority-owned businesses? It
                                      seems to me that whenever we create a race-neutral, generally-ap-
                                      plicable program, it almost invariably leaves behind minority-
                                      owned businesses. I know the MBDA is a dedicated facilitator for
                                      minority-owned businesses, but I am wondering if there should be
                                      a dedicated lender for minority-owned businesses? Any thoughts on
                                      that?
                                         Mr. SANDS. Mr. Torres, can I—
                                         Mr. TORRES. Sure. Thank you. Whomever has thoughts.
                                         Mr. KELLOGG. I have two thoughts. I think we have—
                                         Mr. SANDS. I’m sorry. I am just going to jump in. I think what
                                      we have, and you have seen this through a couple of programs,
                                      PPP, Main Street, and also in SSBCI, we do not necessarily have
                                      a programmatic issue. We have a deployment-of-capital issue. And
                                      so, we are not giving the capital to those who understand where
                                      the capital needs to be deployed. And it is structurally incorrect.
                                      And I would also tell you an unintended consequence of the $4- to
                                      $5- to $6 trillion that will end up here through our multiple
                                      stimuluses, we are about to repeat the process.
                                         We keep assuming that a bank that has excess capital is going
                                      to all of a sudden do smaller loans. It is actually contrary to the
                                      business operations. If they have more capital, they are going to do
                                      larger loans. So what we have to understand is that we have to cre-
                                      ate structures in which the larger institutions capitalize the small-
                                      er institutions, and then the smaller institutions, which are already
                                      in touch with the community, will be the ones who deploy the cap-
                                      ital.
                                         CDFIs represent the new community bank. We used to be in a
                                      structure where there were 30,000 banks, and now we are in a
                                      structure were there are 5,000, and we are saying, why didn’t
                                      things happen the way they used to happen? Well, it is because our
                                      structure is out of line. Once we fix the structure, which is one of
                                      the things that we are recommending to the SSBCI program is
                                      their effort [inaudible] banks when they fund CDFIs. Thank you for
                                      your time.
                                         Chairman HIMES. Thank you. The gentleman from Ohio, Mr. Da-
                                      vidson, is recognized for 5 minutes.




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                                         Mr. DAVIDSON. I thank the chairman, and I thank the witnesses.
                                      I really appreciate this hearing, as a small business owner myself.
                                      Having survived as the owner of manufacturing companies through
                                      the 2008 financial crisis, frankly, I have appreciated watching this
                                      one vicariously. It looks like a pretty tough thing to ride through
                                      as a business owner. So for those of you who are doing it as busi-
                                      ness owners, I hope you make it the full way through it. Far too
                                      many people have lost their lives. We have lost too much freedom.
                                      And a big part of that is the way to operate businesses during this
                                      cycle. So hopefully, we can get back to the great economy we had
                                      around this time last year.
                                         Virtually everyone I spoke with at this time last year would say
                                      the biggest barrier they had was work force. ‘‘Everything is going
                                      great. The only constraint on our growth is work force, the right
                                      skill set, availability, all those kinds of things.’’ And I think our
                                      economy has the potential to get back to that, but it really high-
                                      lights one of the most important things that is not being high-
                                      lighted in this hearing: The most important stimulus check Ameri-
                                      cans can get right now is a paycheck.
                                         We have to keep that paycheck pipeline flowing and that is truly
                                      one of the big successes of the Paycheck Protection Program. It is
                                      artificial. It is clearly not sustainable, and you cannot replace a
                                      centrally planned, centrally distributed, government-printed money
                                      from future generations, a backstop, with a functioning market
                                      economy. So we are dealing with the limitations of that, and I
                                      think the sooner we safely reopen our country, the sooner we are
                                      going to see the market function and we are going to see paychecks
                                      happen.
                                         But I want to highlight the Paycheck Protection Program in the
                                      Eighth District of Ohio. There were just about 9,000 loans made
                                      during 2020 to small businesses in the Eighth District of Ohio. We
                                      have about 730,000 people in our district. We had over 100,000
                                      people stay on payroll because of the PPP. Roughly 80 percent of
                                      those loans were for $150,000 or less.
                                         So I think it is fitting that we are highlighting small business,
                                      jurisdictional highlights, as Mr. Hill has made an aside, it is an in-
                                      credibly substantial part of how this piece worked. And the benefit
                                      was, of course, to the businesses who were able to keep that payroll
                                      function there, but it was very importantly to individuals and fami-
                                      lies who not only stayed on payroll; they kept their benefits in
                                      many of the workplaces that provided their benefits.
                                         And so, when States did respond as situations permitted, some-
                                      times with lots of criticism, but when they did open up and let peo-
                                      ple return to work, we could actually access the real impact of the
                                      pandemic because then people were making rational decisions
                                      based off of their risk-assessment of the pandemic. They really had
                                      political risk, and some places, like Ohio, still have political risk.
                                      You cannot operate your business between 10 p.m. and 5 a.m. in
                                      Ohio, depending on the nature of your business, for example. There
                                      are large restrictions in many parts of the country, especially on
                                      hospitality.
                                         I am thankful that in Washington, D.C., restaurants are at least
                                      able to have in-person dining again. There have been large black-




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                                      outs, and this is real political risk, so this is not a sustainable
                                      thing.
                                         Ms. Wade, I want to highlight the NFIB. This is a strong voice
                                      in the Eighth District of Ohio, and so on behalf of the local folks,
                                      thanks for the work the national chapter does. And I really want
                                      to appreciate the work NFIB did to highlight the Corporate Trans-
                                      parency Act. This is a new requirement, a new burden on small
                                      businesses with 20 or fewer employees, to file a report with
                                      FinCEN once a year. So, thanks for your work on that.
                                         What other burdens have been put on small businesses that you
                                      wish this body would pay more attention to?
                                         Ms. WADE. Thank you for that. Most of the challenges that small
                                      business owners are facing right now outside of the health crisis,
                                      which is overwhelmingly the biggest issue that they are facing, are
                                      related to tax compliance and regulatory burdens. Once they are
                                      back on their feet and the economy largely reopens and consumer
                                      spending resumes, those challenges will remain, and again, on a
                                      Federal, State, and local level, it is becoming increasingly difficult
                                      for small business owners to operate and devote attention to their
                                      operations instead of paperwork and paying more taxes with their
                                      earnings that they can then reinvest in their business. So, those
                                      are the big challenges going forward.
                                         Mr. DAVIDSON. Thank you. My time has expired, and thanks for
                                      the summary. Thanks to all of our witnesses, and I yield back.
                                         Chairman HIMES. The gentleman from Massachusetts, Mr.
                                      Lynch, is recognized for 5 minutes.
                                         Mr. LYNCH. Thank you, Mr. Chairman, and congratulations, Mr.
                                      Chairman, on your appointment, and congratulations also to my
                                      friend from Arkansas, Mr. Hill. Congratulations to both of you. I
                                      do want to associate myself with the chairman’s opening statement.
                                      I think it is very important to lay that groundwork and also, I
                                      think that the importance of the subcommittee’s jurisdiction is as
                                      important as it has ever been, and I really look forward to working
                                      with all of the members of the subcommittee going forward.
                                         I do agree with French Hill. This is an exceptional panel, so my
                                      congratulations to the staff who puts this stuff together, on both
                                      the Majority and the Minority witnesses.
                                         Ms. Brown-Massey, thank you so much for your service, and for
                                      your family’s service, and for your example. As Mr. San Nicholas
                                      pointed out, you have a great story, and you are a shining example
                                      of what we hope for.
                                         My friend, Mr. Sands, it is good to see you again. Mr. Sands was
                                      kind enough to testify before our FinTech Task Force, and he has
                                      been a wonderful example of the good work that fintechs can do in
                                      banking the unbanked. The first iteration of the CARES Act and
                                      our PPP program sort of misfired, right? We did not get to all of
                                      the minority businesses that we had hoped to get to—I think we
                                      put $130 billion out on the extension and that was very good.
                                         But one of the exceptions was Lendistry. Mr. Sands, it seems like
                                      you had a very good match. A lot of the fintech firms did not have
                                      a pre-existing relationship with the SBA. I do not know, but I get
                                      the sense that the fintechs viewed the SBA as sort of the old
                                      model, kind of stodgy, big on applications, all of that stuff and tra-
                                      dition data. But Lendistry was very good. You seemed to hook up




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                                      right away. When we gave over $400 billion to the SBA, other peo-
                                      ple found them, right? Because they were the conduit, but you had
                                      a pre-existing relationship with the SBA and you also had great
                                      success, much greater success than other fintech lenders in actu-
                                      ally getting the money out the door to minority businesses.
                                         So I am wondering, is there something that you attribute your
                                      success to in being more successful than a lot of other people out
                                      there in the field? For awhile, I have been thinking about that, and
                                      it’s good to have you before the subcommittee. So, I wondered if
                                      you could help me with that?
                                         Mr. SANDS. Yes. Thank you, Congressman Lynch. I think what
                                      makes Lendistry different is the fabric of our team. We are a group
                                      of bankers similar to some of you here on the line. And so, we were
                                      financial people who had to learn technology. And once we were en-
                                      abled to learn the technology and understand the velocity by which
                                      the technology comes, that made us be able to transcend what we
                                      normally do or what we had done in the past.
                                         Again, the intentionality and the community aspect, that was al-
                                      ready borne in us, myself, personally, having worked at two Afri-
                                      can-American banks prior to going to a national bank. And I think
                                      I would be remiss if I did not mention that we started to partner
                                      with banks. Our first important partner was Goldman Sachs. They
                                      linked us up with their 10,000 small businesses. What started as
                                      a $10 million conversation matured into a $200 million conversa-
                                      tion and we worked together and we partnered. I would also be re-
                                      miss if I did not mention some of the CDFIs who worked with us
                                      to help us reach those communities.
                                         Thank you, Ms. Brown-Massey, for your service. We were able to
                                      reach small businesses that look like her, and feel like her, and un-
                                      fortunately, I wish we could have reached her.
                                         But I still think there is work to be done and that is why I am
                                      here today to talk about SSBCI. And even SBA, we still are strug-
                                      gling as responsible lending institutions to be able to extend na-
                                      tionwide, to be able to have automatic approvals even though we
                                      have been through a regulatory process. Lendistry has four regu-
                                      latory bodies that oversee us, but yet when we apply for things like
                                      SSBCI, we have to go on a State-by-State minutia, which I respect
                                      as a former banker.
                                         I definitely believe in regulation. I definitely believe in oversight.
                                      But I also think that it is imperative and urgent that we recognize
                                      what is going on now, because you take someone like Lendistry, we
                                      are going to end up doing a billion dollars [inaudible] 5 billion or
                                      $10 billion. Thank you for your time.
                                         Mr. LYNCH. Thank you, Mr. Chairman. I yield back.
                                         Chairman HIMES. Thank you, Mr. Lynch.
                                         The gentleman from Texas, Mr. Taylor, is recognized for 5 min-
                                      utes.
                                         Mr. TAYLOR. Thank you, Mr. Chairman. I really appreciate this
                                      conversation. I think it is really an important topic, and just to
                                      kind of build on what Mr. Lynch and you were talking about just
                                      in terms of, why are smaller loans not getting done, I think a lot
                                      of the regulatory requirements that have been put on community
                                      banks have really squeezed them. I was the vice chairman of a
                                      community bank for 12 years. In that short 12 years, we went from




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                                      8,000 banks in the United States to 5,000 banks. And fewer banks
                                      mean bigger banks, and bigger banks mean they are not going to
                                      do smaller loans.
                                         I want to say, in reading your written testimony, I am very im-
                                      pressed with some of the numbers, Mr. Sands, about what you are
                                      able to do in terms of doing smaller loans. And so to that, could
                                      you sort of go into some of the more technical aspects of what you
                                      were able to do with fintech, to be able to do smaller loans? Be-
                                      cause that is something that I know at my bank, we wanted to do
                                      smaller loans. We just could not figure out how to underwrite and
                                      manage those loans that were smaller and really have it make
                                      sense. The margin was not really there to support that. So what
                                      have you done, and how did fintech help you do it?
                                         Mr. SANDS. I think it is a two-part process. The first part is the
                                      partnerships and the collaboration on the ground. As a banker, old
                                      school, we would do loan production offices. New school is, you le-
                                      verage technology.
                                         I will give you an example of that. In the State of California, we
                                      are doing a $500 million grant program. In 15 days, we took in
                                      344,000 applications, successful applications. We have 35 partners.
                                      We have 400 co-partners. All of them are mission—
                                         Mr. TAYLOR. Are you chartering branches in California to do
                                      that?
                                         Mr. SANDS. We have two locations in California but we have 500
                                      [inaudible]. And then, this will get to the technology part.
                                         What is important, as you hear from Ms. Brown-Massey, is that
                                      we make sure that we give the user a seamless experience, that we
                                      give them a similar experience. So, we create multiple different
                                      types of applications, multiple different processes. This is where it
                                      gets clunky and these are the things that we need to work on. And
                                      this is what we have learned that technology enables us to do. So
                                      when you add collaboration plus technology, it creates a seamless
                                      user experience.
                                         Then, we have to work on scalability. And scalability is about the
                                      partnerships and it is about the intentionality of what we are fo-
                                      cused on. And what we have been able to do here at Lendistry is,
                                      we have been able to say it does not matter where we are at. So
                                      if you take California, we speak in 30 different languages. We have
                                      webinars in 18 different languages. It does not matter whether it
                                      is rural. It does not matter whether it is Black, White, Asian; it
                                      does not matter because, again, you are leveraging technology, you
                                      are leveraging marketing automation, and you are leveraging part-
                                      nerships in order to meet your need. And that is what we have
                                      learned how to do.
                                         Mr. TAYLOR. Are you underwriting in an automated fashion or
                                      are you using AI to underwrite so that you can expedite that com-
                                      ponent of what you are doing?
                                         Mr. SANDS. Yes. It depends on the loan size. The best way I
                                      would say it is that what technology allows us to do is technology
                                      allows us to create filters and allows us to concentrate on where
                                      the underwriting should be spent. I think that is the most impor-
                                      tant thing. Because what we learn from the technology side is that
                                      you could have scalable infrastructure in terms of sales leads.
                                      What we learned from the technology side is that you can have a




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                                      comprehensive approach to credit. And what I mean by comprehen-
                                      sive approach is that you have to treat a service business dif-
                                      ferently than you treat a restaurant business, differently than you
                                      treat a real estate transaction. But if you can create alignment in-
                                      side of your banking unit, as you know, and generally a bank, it
                                      is an underwriting unit that is kind of A to Z. They know every-
                                      thing, as opposed to somewhat of a streamlined process where they
                                      become experts, whether it is an SBA loan, an SSBCI loan, or oth-
                                      ers.
                                         So the answer to your question is, we leverage the technology to
                                      filter. We still are bankers, hopefully not too old and stodgy as
                                      sometimes we call ourselves, but we still want to have that manual
                                      touch. What we do is we filter the loan and the information before
                                      we get to that manual touch.
                                         Mr. TAYLOR. Are you using credit scores in order to filter? Is that
                                      part of your underwriting process?
                                         Mr. SANDS. That is part of our underwriting process. We have
                                      about 74 different points. Again, we are community-oriented, so we
                                      have no problem picking up the phone and walking through things
                                      with the client.
                                         Mr. TAYLOR. Sure.
                                         Mr. SANDS. But there are certain levels of clients that do not
                                      need that. They just want to get a loan. We have talked about
                                      banks and banks getting larger. Operational efficiency-wise, loan
                                      size has become a big issue for banks, and so sometimes it is—
                                         Mr. TAYLOR. So if I were to get rid of credit scores, would that
                                      be deleterious to your ability to lend? Does that mess up your AI
                                      algorithm to figure out who is creditworthy?
                                         Mr. SANDS. I think you always want the datapoints in lending,
                                      especially when we are talking about small businesses. We have to
                                      remember, when you get the sole proprietors, they are closer to
                                      consumer loans than they are to commercial loans. So, I think the
                                      credit report always plays a role.
                                         Mr. TAYLOR. Thank you.
                                         Mr. Chairman, I yield back.
                                         Chairman HIMES. The gentleman yields back. The gentleman
                                      from Massachusetts, Mr. Auchincloss, is recognized for 5 minutes.
                                         Mr. AUCHINCLOSS. Thank you all for joining us today. I agree
                                      with my colleagues that this is a very impressive and informative
                                      panel. My district is in Massachusetts, and the southeastern por-
                                      tion of it, on the border with Rhode Island, has been particularly
                                      hard-hit by the pandemic. It is just an hour outside of Boston, and
                                      the region is ripe for economic development, especially in life
                                      sciences, manufacturing everything from medical gowns to bio-
                                      logics. That would lead to good jobs but also to the public health
                                      resilience that we need in the face of this pandemic and for future
                                      pandemics.
                                         Technical assistance is obviously much-needed but so is capital
                                      to help this region, a post-industrial region, really seize on its eco-
                                      nomic-development opportunity. This question is for both Mr. Kel-
                                      logg and Mr. Sands.
                                         Based on your experiences with Lendistry and with the State
                                      Small Business Credit Initiative, how can we better incent capital
                                      formation really, really far upstream in terms of creating bio-ready




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                                      sites and in terms of giving the capital structure that would-be en-
                                      trepreneurs need to become manufacturers in the life sciences
                                      space?
                                         Mr. KELLOGG. Do you want to take that, Everett?
                                         Mr. SANDS. Yes, sure. I think the first thing, Congressman, that
                                      we always want to look at is that creating structure means cre-
                                      ating a path to success when you are talking about small business
                                      ownership. So, I think the structure, again, relates to capital.
                                      Where I think CDFIs and mission-based organizations play a role
                                      is in what I would call the startup to the small, and the medium-
                                      sized. Then, that business should graduate.
                                         As Mr. Cunningham mentioned, intertwined in that graduation
                                      is technical assistance, is business advising, is a certain amount of
                                      support. But that business should then graduate into a more struc-
                                      tured approach. I do not think necessarily the industry matters be-
                                      cause I think industry experts are really part of the technical as-
                                      sistance. And truthfully, no one knows better than the business
                                      owner when it comes to their industry. As bankers, we would like
                                      to think that we know things, but we do not know the metrics as
                                      well as the business owner does. What we want to do is just create
                                      a structure for the path of success as it relates to capital as they
                                      grow that business.
                                         Mr. KELLOGG. My comments would focus first on physical infra-
                                      structure, and second on human infrastructure. And physical infra-
                                      structure—obviously, there is a lot of conversation nationwide
                                      about the state of our infrastructure of all types, and that is critical
                                      to making a location an attractive place to do business. And then
                                      the human infrastructure, I think, centers around our education in-
                                      tuitions, and by that, I am including universities, but also our com-
                                      munity colleges. And the human infrastructure for entrepreneur-
                                      ship includes very much an ecosystem of investors, angel investors,
                                      successful entrepreneurs and mentors as well. So both of those are
                                      precursors, I think, to getting the maximum potential out of a re-
                                      gion. I hope that is responsive.
                                         Mr. AUCHINCLOSS. It is. And I am proud to say that Massachu-
                                      setts has many of those ingredients you just mentioned. We have
                                      reasonably good housing stock in the south coast, relatively good
                                      transportation infrastructure, although not good enough, and cer-
                                      tainly a tremendous amount of talent both in greater Boston and
                                      in southeastern Massachusetts.
                                         Is there a role that you see the Federal Government playing in
                                      the provision of low-interest loans or in grants to help people with
                                      a process that at the beginning, is high risk, because it involves
                                      both permitting, if you are talking about bio-ready sites, for exam-
                                      ple, as well as being able to attract the right kind of investor and
                                      developer?
                                         Mr. SANDS. Yes. Excuse me, Mr. Kellogg, if I am over-speaking
                                      here, but I think this is one of the unique things that the SSBCI
                                      program did, is that it allowed States to determine what was im-
                                      portant to them and then build capital programs accordingly. So,
                                      for example, Michigan was focusing on manufacturing and a couple
                                      of other things, which was obvious, because of the auto industry at
                                      the time the SSBCI first came out. So I think absolutely, on a




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                                      State level, you could decide what are the industries you would like
                                      to see some significant capital investment and benefit from that.
                                         Mr. KELLOGG. That is exactly right. As I said in my testimony,
                                      local conditions create different capital gaps and local conditions
                                      create different opportunities to use the credit and capital market
                                      systems that exist there. That is the value of a flexible State-by-
                                      State decision-making.
                                         Chairman HIMES. The gentleman yields back. The gentleman
                                      from Texas, Mr. Green, who is also the chairman of our Sub-
                                      committee on Oversight and Investigations, is recognized for 5 min-
                                      utes.
                                         Mr. GREEN. Thank you ever so much, Mr. Chairman. And many
                                      times, Mr. Chairman, these words of gratitude and thanks are stat-
                                      ed in a perfunctory fashion. I say this sincerely, not perfunctorily.
                                      I say so because I think this is a very meaningful hearing, and I
                                      think that it can cause us to give thought to how we can correct
                                      some of the things that we should have corrected years, decades,
                                      or perhaps even longer ago, so I thank you for the hearing.
                                         I also want to thank Chairwoman Waters because she has been
                                      a champion in this area for years, ever since I have known her, and
                                      I knew her before I came to Congress. This has been something
                                      that has been of importance to her. And I am grateful that she has
                                      you at the helm, and I thank Mr. Hill as well. He and I have col-
                                      laborated on issues in the past, and I trust that we will be able to
                                      continue our collaboration.
                                         I would like to talk to you for just a moment, if I may, about
                                      something of importance, which is the Minority Business Develop-
                                      ment Agency. A little bit of history: In 1969, President Nixon, by
                                      way of an Executive Order, created an Office of Minority Business
                                      Enterprise. Later on, President Carter renamed it the Minority
                                      Business Development Agency. This Agency, as it were, is devoted
                                      exclusively to the growth and expansion of minority business enter-
                                      prise by providing technical assistance, managerial expertise, sup-
                                      port, and resources, and this is all for minority-owned businesses.
                                         Given that it was created by Executive Order, it continues to sur-
                                      vive from President to President. In the CARES Act, we appro-
                                      priated approximately $10 million, not nearly enough, but it was
                                      something, and that was a good benefit, because at least we contin-
                                      ued it. Ten million dollars to this Agency which allowed minority
                                      Members of Congress to give grants to provide outreach and tech-
                                      nical assistance to its members.
                                         Last Congress, I introduced H.R. 6869, the Minority Business Re-
                                      siliency Act, and I wish I could say that I developed and syn-
                                      thesized it myself, but it was because of the Honorable Maxine
                                      Waters and the staff that I was allowed to have this as a piece of
                                      legislation to go forward with.
                                         In the CARES Act, we had $25 million for minority business de-
                                      velopment, for the Agency. And now, what we would like to do is
                                      permanently codify this Minority Business Development Agency
                                      into an administration, and have it as an independent agency that
                                      would be tasked with, and be the only one with this unique task
                                      of satiating and satisfying the needs of minority-owned businesses.
                                      I think it is time to give serious consideration to this, and for this
                                      reason, I would like to ask all of the witnesses, if I may, to tell me




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                                      whether you think there is a need for an agency with this mission
                                      that can give benefit to you for a good many things that you have
                                      talked about today.
                                         So, I will start with Ms. Brown-Massey. Thank you for your serv-
                                      ice. I appreciate much of what you said about having some difficul-
                                      ties in accessing the system in an appropriate way. But with that
                                      said, ma’am, would you give your comments on the possibility of
                                      this Agency being codified, made permanent, so that we can help
                                      minority-owned businesses in this unique way?
                                         Ms. BROWN-MASSEY. Yes, Congressman, thank you. I do think
                                      that this particular Agency that you are mentioning is of use, but
                                      I also think that we should be looking for local communities to set
                                      up minority chambers of commerce so that they are able to better
                                      understand what their community needs are at the local level. So,
                                      yes, I do agree.
                                         Mr. GREEN. Thank you very much.
                                         Mr. Cunningham, if you would please?
                                         Mr. CUNNINGHAM. Yes, briefly. Absolutely. The Minority Busi-
                                      ness Development Agency (MBDA) has a group of 40 organizations
                                      that are located in cities and rural places throughout the country.
                                      It would be fantastic if we could actually knit together a perma-
                                      nent agency for the MBDA. The future of American small busi-
                                      nesses actually are minority businesses. And so, if we concentrate
                                      on that, we will help everyone in this country. Thank you.
                                         Chairman HIMES. The gentleman’s time, having expired, we will
                                      bring this hearing to a close. I would like to profusely thank all of
                                      our witnesses for their testimony today. It was a very interesting
                                      and very timely conversation that we had, and we really appreciate
                                      your preparation and participation.
                                         Without objection, the following items are entered into the
                                      record: a letter from the Small Business Majority; a joint letter
                                      from the U.S. Black Chambers, the U.S. Hispanic Chamber of Com-
                                      merce, and National ACE; a letter from the Brookings Institution
                                      Metropolitan Policy Program; the Annual Report for Fiscal Year
                                      2020 from the SEC’s Office of the Advocate of Small Business Cap-
                                      ital Formation; and a letter from the Center for Indian Country De-
                                      velopment at the Federal Reserve Bank of Minneapolis.
                                         The Chair notes that some Members may have additional ques-
                                      tions for this panel, which they may wish to submit in writing.
                                      Without objection, the hearing record will remain open for 5 legis-
                                      lative days for Members to submit written questions to these wit-
                                      nesses and to place their responses in the record. Also, without ob-
                                      jection, Members will have 5 legislative days to submit extraneous
                                      materials to the Chair for inclusion in the record.
                                         Again, with a big thank you to our witnesses, this hearing is ad-
                                      journed.
                                         [Whereupon, at 4:43 p.m., the hearing was adjourned.]




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                                                                       APPENDIX




                                                                         February 4, 2021




                                                                                      (31)




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                                                                                    the
                                            MAIN STREET                                                 I
                                                 alliance
                                                   U.S. House Committee on Financial Services
                                                 Subcommittee on National Security, International
                                                        Development, and Monetary Policy

                                             "Supporting Small and Minority-Owned Businesses
                                                          Through the Pandemic"

                                                                          February 04, 2021
                                                                             3:00 P.M.

                                                            Testimony of Nneka Brown-Massey
                                                                      Founder & CEO,
                                                            Innovative Supplies Worldwide, Inc.
                                                                     Tulsa, Oklahoma




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                                      Chairman Himes, Ranking Member Hill, and members of the Subcommittee:

                                      Thank you for the opportunity to testify today on the need to better support
                                      minority-owned and smaller businesses like mine. I am honored and humbled to speak
                                      before your esteemed panel and to be alongside my distinguished fellow witnesses. More
                                      importantly, thank you for putting this hearing topic front-and-center at the start of the
                                      117th Congress and demonstrating your strong commitment to helping the small business
                                      community.

                                      My name is Nneka Brown-Massey and I am the founder and CEO of Innovative Supplies
                                      Worldwide, a school supplies design company based in Tulsa, Oklahoma. I am also speaking
                                      today as a member of Main Street Alliance, a national network of more than 30,000 small
                                      business owners who, like me, are eager to share their perspectives on critical public policy
                                      issues, especially as we try to find our way out of this once-in-a-lifetime pandemic.

                                      My Story

                                      In July of 2016, less than two months after finishing my nine-year career as a Human
                                      Resources Specialist in the United States Army, I launched Innovative Supplies Worldwide,
                                      a stationery manufacturing company. In the first 24 hours of my e-commerce launch, my
                                      brand new business had sold more than 8,000 stationery notebooks globally. In 2017,
                                      former Georgia Governor Nathan Deal recognized my company with the G.L.O.B.E award. In
                                      2018, I was named to the prestigious 40 under 40 List in the Gifts+ Stationery Industry.
                                      Soon after, I was accepted into and completed the Class of 2018 Women Business
                                      Enterprise National Council Student Entrepreneur Program and the National Minority
                                      Supplier Development Council Emerging Young Entrepreneur program. Needless to say,
                                      the future could not have looked better or brighter for my start-up company.

                                      Then COVID-19 hit us all last Spring, and in my case, caused consumers to shift to online
                                      classes. With the transition to remote and digital learning, demand for my physical product
                                      dipped and my sales dropped more than 60 percent. Despite the revenue loss, I remained
                                      hopeful we would come together and beat this virus so that schools could safely reopen in
                                      the Fall and allow my business to return. Yet here we are, almost a full calendar year later,
                                      still struggling to come to grips with the magnitude of this pandemic, while my seasonal
                                      business suffers a fourth consecutive quarter oflow-to-no sales.

                                      My Struggle to Access Capital

                                      When relief programs opened last April following passage of the CARES Act, I immediately
                                      applied for both the PPP and EIDL small business support. However, after months of radio




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                                      silence, I was finally told in June by a Small Business Administration (SBA) representative
                                      that I had been denied both for vague "credit reasons." This was devastating not only for
                                      me and my family, but also for my lone employee I then had to lay off. But the lack of clear
                                      communication from beginning to end speaks to a larger issue of training and
                                      accountability at SBA.

                                      Part of the frustration of applying for the PPP was that I was forced to establish a new
                                      relationship with a new bank because the bank I previously worked with closed their only
                                      branch in my town, forcing me to drive nearly two hours to reach the next-closest location.
                                      I eventually had to make the difficult and life-changing decision to move from Columbus,
                                      GA to Tulsa, OK to be closer to the services I needed since being in a rural area was making
                                      the process too challenging.

                                      To compound matters I am a service disabled veteran with concussion complications from
                                      airborne missions held inside the United States with the 82nd Airborne Division. As a result
                                      of injuries I sustained, my executive functioning skills impact the ability to manage and
                                      process large amounts of paperwork without disability accommodations or support. The
                                      extensive and complicated loan application process required to access credit and capital
                                      became overwhelming for me.

                                      My Attempts to Cope, Personally and Professionally

                                      As profits dissipated and capital dried up for my struggling business, I resorted to using
                                      disability benefits from the Department of veteran affairs for my traumatic brain injuries
                                      and post traumatic stress disorder. It wasn't too long before my car was repossessed. Then
                                      I was forced to take a second job at Waffle House just to get by.

                                      With what little faith I had left, I applied for the Tulsa Remote Program, a business
                                      incubator, and was accepted into the program that pays Remote Workers $10,000 to move
                                      to Tulsa, Oklahoma for a year. However, just to pay for the move, I used my tax refund and
                                      my stimulus check. This has been the only source of financial support I've gotten, but it has
                                      at least allowed me to keep my business afloat.

                                      I started my business with small loans through fintech providers, which I have paid back
                                      slowly and diligently as my sales came through -- though likely at much higher interest
                                      rates than from other lenders. In the meantime, I am still relying on my VA benefits for
                                      housing. I have also decided to use some of that support to go back to school.

                                      My Wish List for Myself and Others Like Me




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                                      What my experience underscores are the very real barriers that exist when it comes to
                                      accessing capital and credit. As a person of color, living in a rural area, who wasn't well
                                      connected to the banking industry, 1should have known that my chances of securing
                                      financial support were already slim. But I also believed, perhaps naively, that the
                                      immediate and early success of my business would help my cause in spite of those inherent
                                      disadvantages. So far, the former has trumped the latter.

                                      I am here today not just to share my story, but to advocate for other small business owners
                                      who could just as easily be sitting on this panel. COVID-19 continues to present the greatest
                                      threat in generations to the country's more than 30 million small businesses, particularly
                                      businesses in Black and Brown communities, micro -businesses, veteran and women-owned
                                      businesses, and businesses in rural communities. A survey conducted last Fa ll by Main
                                      Street Alliance and Color of Change found that nearly half of Black owned businesses were
                                      saying they would have to close without additional support (compared to a third of
                                      businesses overall) . Women-owned businesses had to wait longer, and in some cases were
                                      10 times less likely to hear in a couple days from their lenders compared to their male
                                      counterparts. In that same survey, among small business owners who applied for any of the
                                      government aid programs, only 58% said they received the full amount they applied for,
                                      and Black men and women were twice as likely than that to not receive what they applied
                                      for. While waiting for economic assistance people of color and women owners were more
                                      like ly across the board to reduce hours, pay, or make other financial sacrifices.

                                      Main Street small businesses are the mainstay of our jobs, our economy, and our
                                      community life. They are also the most trusted institution in our co untry. Yet, since Ja nu ary
                                      2020, more than a quarter of the country's small businesses have shuttered, and smal l
                                      business revenue is down by 32 ~ercent (as of December 31, 2020 accord in g to th e
                                      Opportunity Insights Economy Tracker).

                                      What would have helped me the most, and could still help me now, is a flexible, responsive,
                                      direct grants program. Even just a $5k-10k grant can change the course of my business and
                                      my life. The other needed support is technical assistance -- someone who can point me in
                                      the right direction, help me navigate programs I am unfamiliar with, and make sure I dot
                                      the i's and cross the t's. I simply can't afford an accountant or a lawyer on payroll who
                                      might offer expert advice and counsel.

                                      During these times when COVID has closed many business doors around the country, small
                                      business owners are now unable to afford their commercial or personal rent. This is made
                                      worse by the fact that commercial leases often don't allow tenants to live in their place of
                                      work. I am personally living off the grid and in a school bus that I won through an eBay bid
                                      in January 2020, so that I can have more liquid capital to pay for commercial rent.




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                                      My Journey Continues

                                      In closing, I am grateful to appear before this committee today. Despite experiencing the
                                      highest of highs and the lowest of lows, at the end of the day I am an entrepreneur trying
                                      my hardest and doing my best to succeed. I have proudly and dutifully served my country,
                                      sought the same opportunities that others have been afforded, and done whatever
                                      necessary to achieve financial freedom -- including packing my bags, moving to a foreign
                                      place, and securing my daughter's well-being by making the incredibly painful decision to
                                      send her to be with her father in another state rather than force her to share the same
                                      sacrifices I am making. Despite the setbacks I have been dealt, I look forward to resuming
                                      the business mentorship I was providing to my employees, many of whom are "at-risk"
                                      youth -- training them on inventory software, social media marketing, resume building, and
                                      other skill sets. Despite everything I have been through, I still believe in myself and the
                                      potential of future entrepreneurs.

                                      I hope that you and your colleagues in Congress will make the most of this uniquely
                                      challenging yet historic moment in time to learn from the past and rethink
                                      entrepreneurship in this country. There are a number of lessons from 2020 and the uneven
                                      implementation of COVID relief programs for small businesses. My experience is one data
                                      point that could be built into a more intentional and systematic effort to collect quality
                                      disaggregated data about minority-owned small businesses.

                                      There should be a thorough examination of SBA lending, technical ass istance, and other
                                      programs to assess their effectiveness for supporting very small businesses, including
                                      minority-owned businesses, rural businesses, and other underserved Main Street
                                      businesses. Consumer protections should be expanded to small business borrowers,
                                      guaranteeing that: small business borrowers receive clear, accurate information that
                                      allows them to compare financial products; financial corporations cannot charge excessive
                                      interest rates and fees or engage in abusive debt collection practices; and, small business
                                      owners can retain personal assets while financing their businesses. Lastly, Congress should
                                      consider a new public entity to dramatically expand access to capital for small businesses
                                      by better assessing small business needs, exploring alternate measures to credit history,
                                      and delivering support along with technical assistance on the scale they need.

                                      In closing, you have the ability to make course corrections in the midst of this pandemic to
                                      build a resilient, flourishing sma ll business economy for the future by:




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                                           •   Rebuilding businesses like mine that have been devastated by COVID, focusing on
                                               grants to hardest-hit businesses, those excluded from earlier relief programs, and
                                               businesses having to pivot as a result of the pandemic;
                                           •   Adequately addressing our capital, credit, and business development needs through
                                               increased outreach and technical assistance, especially in communities of color and
                                               rural areas;
                                           •   Leveling the playing field for small businesses by supporting a safety net for owners
                                               and their employees; and
                                           •   Reining in monopolies that inhibit the ability of small businesses to compete and
                                               thrive.

                                      Thank you for your time and attention. I look forward to answering any questions you may
                                      have.




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                                                                                          38

                                                                     Testimony of Gary L. Cunningham
                                                                   President and CEO of Prosperity Now
                                       Before the Financial Services.Subcommittee on National Security, International Development
                                                                           and Monetary Policy
                                                                        Thursday, February 4, 2021



                                      Chairman Himes, Chairwoman Waters, Ranking Member McHenry and other Members of the
                                      Full Committee, thank you for inviting me here today. It is truly an honor.

                                      My name is Gary Cunningham, and I am the President and CEO of Prosperity Now, a national
                                      non-profit that creates, identifies, tests, and scales new and existing solutions that address the
                                      root causes of racial economic injustice. I came to Prosperity Now after serving as the president
                                      and CEO of a Community Development Financial Institution and Minority Business
                                      Development Center. Therefore, I have had experience working hands-on with the Minority
                                      Business Development Agency, the State Small Business Credit Initiative, and the Small Business
                                      Administration to help entrepreneurs of color succeed.

                                      I'd like to begin by setting the stage. According to the data from the US Senate Committee on
                                      Small Business and Entrepreneurs, over the last ten years, minority businesses accounted for
                                      more than 50 percent of all new business starts in the United States, and created more than 4.7
                                      million jobs. There are now more than four million minority owned companies in the US, with
                                      annual sales of close to $7 billion. That's a sizeable footprint. Ensuring their financial health as
                                      an employer and economic contributor, therefore, is critical.

                                      Small minority business owners are the lifeblood of many communities. They hire a significant
                                      percentage of the minority workforce. For example, the Association for Enterprise Opportunity,
                                      where I'm the Board chair, completed a study that demonstrates that over 20 percent of the
                                      African American workforce in this country are employed by Black-owned firms.

                                      It's critical that we develop specific approaches to help minority businesses grow and scale. This
                                      will require targeted programs designed to serve those that have been historically left out-due
                                      to the vestiges of discriminatory policies and practices that continue to this day.

                                      For instance, the Paycheck Protection Program, a universal program with outstanding goals, did
                                      not reach all businesses equally. Many minority owned businesses were left out of the process
                                      inadvertently because the universal program wasn't targeted to their specific situation. Many
                                      minority businesses couldn't take advantage because funds were primarily directed to
                                      commercial banks and other mainstream financial institutions. Many minority businesses do
                                      not have strong relationships with large banks or other financial institutions. It's important to
                                      note that even in better times, Black business owners were denied bank loans at triple the rate
                                      of nonminority business owners. And on average, Black and Latinx businesses have seven billion
                                      dollars in unmet capital needs annually.




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                                      We are losing economic productivity and trillions of dollars in GDP when we don't fortify and
                                      support a strong ecosystem of minority business enterprise. In fact, according to the US
                                      Business Census, Black-owned businesses were the fastest growing business segment in our
                                      economy before COVID hit. Between February and May last year, however, a whopping 41
                                      percent of Black-owned firms shuttered. The impact of COVID on BIPOC businesses is dire and
                                      threatens to undo the growth seen in the last decade.

                                      I must be clear, however. I am not here to argue for hand-outs. I'm here to argue that targeted,
                                      strategic investments to minority businesses will yield significant returns in the forms of
                                      increased home ownership, jobs, and tax revenue streams to support local communities. Such
                                      an investment makes sense not only in the context of our current crisis, but will also help
                                      America build back better.

                                      White-owned firms have significantly higher revenues than BIPOC firms. This is the result of
                                      gaps in access to specifically management education or technical assistance, money (access to
                                      capital) and markets.

                                      From my experience in working with minority entrepreneurs, access to technical assistance is
                                      the secret sauce of success. Trusted guidance in the form of technical assistance is needed to
                                      grow and scale. Many need investments in their infrastructure such as bookkeeping and
                                      accounting, or even how to successfully apply for a loan. The current systems of SSBCI, MBDA
                                      and SBA provide needed infrastructure that should be expanded.

                                      As has been documented by the Federal Reserve and others, another significant barrier is a lack
                                      of access to capital. Given the significant wealth gap in this country, BIPOC entrepreneurs are at
                                      a significant disadvantage from the start. BIPOC wealth is substantially less, on average, than
                                      White wealth in the US. Therefore, many BIPOC business owners don't even have a 401(k) to
                                      tap into or friends and family to borrow from to start their businesses.

                                      Despite all of these barriers, entrepreneurs of color are making a difference in this country.
                                      They are at the forefront of closing the racial wealth divide. A study from the University of
                                      Washington showed that on average, the income gap between white and Black families closed
                                      completely for Black families with an entrepreneur.

                                      We face a moment of true reckoning-there's just so much at stake. Giving minority businesses
                                      the tools to survive can result in stronger employment and economic outcomes, a healthier
                                      trajectory for communities across the country, and a chance to truly close the growing racial
                                      wealth gap. Closing this gap is not just a moral argument, it is vital to establish a sound
                                      economic future-and, according to McKinsey & Company, could increase the GDP by 1 trillion
                                      to 1.5 trillion dollars over the next decade.

                                      Thank you again for the opportunity to be here. I look forward to your questions.




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                                                                                             40

                                                                         Testimony of Clifton G. Kellogg

                                                                  House Financial Services Committee
                                           Subcommittee on National Security, International Development, and Monetary Policy
                                               "Supporting Small and Minority-Owned Businesses Through the Pandemic"
                                                                           February 4, 2021


                                      Hi, my name is Cliff Kellogg. I would like to thank the committee for inviting me today and for holding
                                      this hearing on this crucial issue. My full resume has been provided to the committee, however I believe
                                      the committee invited my testimony primarily based on my experience directing the State Small
                                      Business Credit Initiative during the Obama-Biden Administration, an initiative the committee is
                                      considering for reauthorization.

                                      First, I would like to review SSBCl's outcomes to demonstrate that this economic recovery program can
                                      play a critical role in the recovery of small businesses and communities across the country. Second, I
                                      would like to offer a few ideas on how SSBCI could be scaled up and extend its impact on minority
                                      owned businesses and disadvantaged communities.

                                      In the wake of the 2009 recession, lawmakers designed SSBCI to induce more private-sector lending and
                                      investing. Then, as now, economic conditions made lenders and investors extremely cautious. Today,
                                      the lack of credit is literally starving many small businesses to death, but especially minority-owned
                                      firms. In the Federal Reserve Banks' Small Business Credit Survey released yesterday, just 13 percent of
                                      African American owned firms received the full amount of financing they sought, while over three times
                                      as many White-owned firms received the full amount they requested.

                                      SSBCl's strategy is to provide states with funds to turbo-charge the availability of loans and equity
                                      capital by sharing in the risk of financial losses. In 2010, SSBCI awarded $1.SB to programs in all 50
                                      states, D.C., and the U.S. territories.

                                           •    SSBCI funds supported over 21,000 new loans and investments, exceeding $10. 7 billion. In
                                                other words, each federal dollar leveraged $9 in private sector capital.

                                           •    43 percent of the loans or investments went to firms in low- or moderate-income census tracts,
                                                and 41 percent went to women-owned or minority-owned businesses.

                                           •    SSBCI built the capacity of state agencies to benefit underserved businesses and communities.


                                      I will share three lessons or observations:

                                           1.   A key element of SSBCl's success was giving states the flexibility to design their program to suit
                                                local conditions. States funded startups and expansions, manufacturing loans and microloans.
                                                States provided additional collateral for loans or funded reserve accounts for losses on a
                                                portfolio of loans. Some states operated their program directly; others hired a private
                                                contractor to manage the program.



                                                                                             1




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                                           2.   SSBCI support enabled lenders to make larger loans or loans on more favorable terms than they
                                                would have made. SSBCI required at least $1 of private capital at risk for every federal dollar.
                                                The state's application had to show how leverage would increase to 10:1 during the program.


                                           3.   Well-run programs reached a vast range of small businesses, including underserved businesses.
                                                The hallmarks of a well-run program are simple: identify the capital gaps, make the program
                                                easy to understand, and staff the program with lenders or investors who are responsive to the
                                                needs of aspiring entrepreneurs and businesses, including minority-owned firms.



                                      Now, I will turn to a critical question before the Committee: how could SSBCI Version 2 be structured?

                                           1.   First. re-authorizing the original SSBCI program with higher appropriations to benefit more
                                                businesses. As part of reauthorization, states should include outreach through CD Fis and
                                                Minority Depository Institutions (MDls). States should be authorized to gather demographic
                                                information on small businesses served and be held accountable to invest a fair share in
                                                disadvantaged businesses.


                                           2.   Increase states' allocations or run a competitive funding round for states that reach a high
                                                percentage and/or high number of minority-owned firms. Consider lowering the required
                                                leverage requirements for these extra funds.


                                           3.   Provide funding for technical assistance to small businesses. which is essential to assure
                                                equitable access and optimum use of these resources.


                                           4.   Run a competitive funding round that awards funds directly to lenders and investors with a
                                                multi-state footprint. provided they serve a high percentage and/or high number of minority-
                                                owned firms. A multi-state footprint is especially important for equity investment programs
                                                that target underserved communities for an adequate deal flow.


                                           In summary, after the last major recession, SSBCI demonstrably supported small business economic
                                           recovery. The current credit crisis is even more severe, The public health measures taken to control
                                           the COVID-19 pandemic have inflicted a terrible cost on minority small businesses and their
                                           employees. The need to find solutions is surely a unifying issue across the political spectrum. An
                                           expanded SSBCI, with enhancements to reach underserved communities can be part of the nation's
                                           recovery strategy.

                                           Thank you for the opportunity to offer this information and I welcome any questions you may have.

                                                                                            ###




                                                                                             2




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                                                                                            TESTIMONY OF EVERETT K. SANDS TO THE
                                                                                           HOUSE FIN ANCIAL SERVICES COMM ITTEE'S
                                                                                                             SUBCOMMITTEE ON
                                                              NATIONAL SECURITY, INTERN ATIONA L DEVELOPMENT, AND MONETARY POLICY


                                                                   Supporting Sma ll and Minority-Owned Businesses Through the Pandemic


                                                                                                                February 4, 2020




                                             www.lendistry.com I 330 E. Lambe rt Road suite 27S. Brea, CA 92621 I 777 S. Alameda Street Z"' Floor. Los Angeles, CA 90021 I 844.662. 7297   I info@lendistry.com




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                                           lendl1t.ry
                                      Committee Chairwoman Waters, Ranking Member McHenry, Subcommittee Chair Himes, Subcommittee Ranking
                                      Member Hill and Vice Ranking Member Taylor, and distinguished members of the Subcommittee, thank you for your
                                      interest in my perspectives and insights on today's topic, Supporting Small and Minority-Owned Businesses Through the
                                      Pandemic, and for inviting me to testify before you today. I also wish to extend my wishes for a full and rapid recovery to
                                      Congressman Lynch, who was very generous in providing me the opportunity to testify before his Task Force last fall, as
                                      well as to any of his family members, colleagues or staff who may be affected.

                                      My name is Everett K. Sands, and I have more than 20 years of experience in lending. For the past five years, as founder
                                      and CEO of Lendistry, my focus has been on responsible lending to underserved small businesses, and particularly those
                                      owned by minorities, women, veterans, and people in rural areas. By the one-year anniversary of the onset of COVID-19
                                      lockdowns and their related impacts, Lendistry will have been the primary point of contact in connecting tens of
                                      thousands of affected small businesses -overwhelmingly minority-owned - with nearly $1 billion in loans or grants.

                                      I commend this Subcommittee, and other House and Senate subcommittees and committees with which it is working,
                                      for moving so rapidly in recent weeks to focus on reauthorizing the State Small Business Credit Initiative (SSBCI). I will
                                      focus a significant portion of my testimony on the SSBCI and recommendations I respectfully urge the Subcommittee to
                                      consider as it develops potential authorizing legislation.

                                      To preview and summarize my main points regarding the SSBCI specifically:
                                          1) The funding level for the SSBCI should be at least $10 billion;
                                          2) The portion of the authorized funds for the SSBCI that will be dedicated to minority-owned businesses should be
                                              60%;
                                          3) At least 5% of authorized funds for the SSBCI should be dedicated to enhancing and providing technical
                                              assistance to prospective applicants, particularly in the areas of i) recovery planning, ii) generating financial
                                              statements, iii) upgrading technological skills to take advantage of commonly-available and increasingly
                                              necessary business software tools and applications and iv) understanding credit;
                                          4) The legislation should grant automatic authorization to offer SSBCl-supported loans nationwide to the following
                                              categories of federally-certified institutions so that such institutions are exempted from any state-by-state
                                              approval process: Community Development Financial Institutions (CD Fis) and Small Business Administration-
                                              approved Community Development Corporations (CDCs) and Business Development Corporations (BDCs);
                                          5) With regard to program design, each program supported by the SSBCI should provide for loans to minority-
                                              owned businesses to qualify for 10% additional guaranteed coverage; and
                                          6) The legislation and rules should create mechanisms to rescind funds from states that fail to deploy their
                                              allocated capital expeditiously and redeploy rescinded funds to states that effectively utilize program funds.



                                      I. Introduction

                                      I have more than 20 years of experience in the banking and lending fields. Prior to starting Lendistry, I worked in both
                                      national and community banking. I have served as a Board Member and an Executive for two minority deposit
                                      institutions; as a sales team leader for a national bank on both the East and West coasts; as a member of committees
                                      focused on compliance, rate-risk, and commercial lending; and as a manager of credit and operations departments. I
                                      also currently serve as a Board Member of the University of Pennsylvania's Institute for Urban Research, and of
                                      Lendistry's nonprofit small business advisory and technical assistance affiliate, The Center for Strategic Economic Studies
                                      and Institutional Development ("The Center").



                                                www.lend istry.com I 330 E Lambert Road suite 275. Brea, CA 92821 I 777 S. Alameda Street 2"" Floor. Los Angeles. CA 90021 I 844.662.7297   I info@ lendistry.com




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                                           lendl1t.ry
                                      As a banker I typically served in a change agent capacity, being called in to turn around a unit of a bank, and as such,
                                      units I have led typically recorded annual growth rates of between 300% and 600%. I have closed more than $4 billion in
                                      transactions. During my career, businesses I have led have been regulated by the Federal Deposit Insurance Corporation,
                                      Federal Housing Administration, Federal Housing Finance Agency, Federal Home Loan Bank of San Francisco, Office of
                                      Comptroller of Currency, Office of Thrift Supervision, Small Business Administration, Veterans Administration and
                                      various state regulators.

                                      Lendistry is a minority-owned and fintech CDFI and Community Development Entity (COE), and a member of the Federal
                                      Home Loan Bank of San Francisco. Women and minorities comprise a significant majority of Lendistry's management
                                      team. Our proprietary technology and online application portal enable a faster and more widely accessible lending
                                      process for small business borrowers. As a CDFI, Lendistry is dedicated to providing economic opportunities and
                                      progressive growth for underserved urban and rural small business borrowers and their communities. The Center also
                                      offers business coaching, financial education and technical assistance. Lendistry is a proud signatory of the Small
                                      Business Borrowers' Bill of Rights, guidelines set by The Responsible Business Lending Coalition.

                                      I recruited a team to start Lendistry with me because I saw that consolidation trends in the community banking and
                                      regional banking segments were leaving an expanding gap in the small business lending market. Small businesses that
                                      were ready to graduate beyond financing themselves through credit cards and home equity were finding far fewer
                                      community banks available to help them take the next step in their growth so that they eventually could become large
                                      enough for a large regional or national bank to serve them. (The dual trends of dwindling numbers of community banks
                                      and larger banks withdrawing from the smaller end of the small business market due to operational efficiency
                                      considerations has continued and become so pronounced that I believe the definition of " underserved small business
                                      borrower" should be expanded to include a loan size threshold, and loan size has become a larger and more significant
                                      barrier to capital access for small businesses than all other traditional criteria combined.) Into this credit vacuum for
                                      small businesses, unscrupulous lenders have proliferated and thrived.

                                      This adverse capital availability environment for small businesses was, and continues to be, compounded for
                                      entrepreneurs with historically weaker ties to traditional banks, including women and minorities, as well as
                                      entrepreneurs based in rural areas with fewer banking options. I believed technology could play a significant role in the
                                      solution, and by approaching fintech from my banking background rather than from a technology background, I believed
                                      I could bring a somewhat differentiated lens to the market.

                                      Since launching in 2015, Lendistry has sought to use fintech - and partnerships with financial institutions, non-profits
                                      and government organizations-to help solve the problem of disparities in access to capital, to open doors that were
                                      previously closed to small businesses owned by minorities, women, and veterans, businesses located in rural areas, or
                                      businesses whose financing needs to take the next step in their development are just too small for traditional banks.

                                      As a hybrid of a fintech lender and community bank, and with roots in traditional banking as mentioned above, Lendistry
                                      combines the best of fintech-efficiency, scalability, and seamless user experience-with the best of traditional
                                      lending-low cost of acquisition, low cost of funds, and strong risk management-and all with an unwavering
                                      commitment to responsible credit culture and expanding access to small business funding.

                                      Today Lendistry ranks second nationwide in SBA Community Advantage lending, a pilot program spearheaded in 2011 to
                                      increase SBA-guaranteed loans to small businesses in underserved areas. Community Advantage loans range in size
                                      between $50,000 and $250,000, and it is the only category of SBA loan in which Black and Latinx borrowers, combined,
                                      account for more than 10% of annual loan volume. More than 73% of Lendistry's outstanding principal loan balance is

                                                www.lendist,y.com I 330 E. Lambert Road suite 27S. Brea, CA 92621 I 777 S. Alameda Street 2"" Floor. Los Ange les, CA 90021 I 844.662. 7297   I info@lendistry.com




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                                           lendl1t.ry
                                      with minority and women-owned borrowers, and 92% of Lendistry's outstanding principal loan balance is with low- or
                                      moderate -income borrowers.


                                      Lendistry also has a highly nuanced understanding of sma ll business ecosystems. In the fourth quarter of 2020,
                                      Lendistry, Next Street Financial, Concerned Capita l and other local stakeholders, published a detailed examination of the
                                      current small business community and supporting ecosystem in Los Angeles County, with a focus on local businesses
                                      owned by people of color and the COVID-19 response and recovery.

                                      Ecosystems and partnerships are fundamental to Lendistry's operating method and philosophy. Lendistry has
                                      partnerships in place with more than 50 organizations, including business associations, chambers of commerce,
                                      Community Development Financial Institutions, and mission-based organizations. These partners in turn have extensive
                                      networks, enabling Lendistry to reach underserved geographies, demographics and provide services and support in
                                      more than 15 languages.

                                      With our reach, technology, and operational and capital capacity, Lendistry has both the ability and interest to serve a
                                      much larger geographic footprint and broader market than we do today and fill the lending gaps left by mainstream
                                      finance for the benefit of small businesses, and particu larly those owned by minorities, women, veterans and those in
                                      rural areas.

                                      II. Lendistry and COVID-19 Small Business Recovery Effort

                                      In response to the COVID-19 crisis, Lendistry has stepped up to provide desperately needed capita l to small businesses
                                      struggling amid the pandemic, both as a lender and as an admin istrator of state and local grant programs, including
                                      those made possible by the Coronavirus Relief Fund under the CARES Act and state funding sources. By the one-year
                                      anniversary of the onset of COVID-19 lockdowns and their related impacts, Lendistry will have been the primary point of
                                      contact in connecting tens of thousands of affected small businesses - overwhelmingly minority-owned - with nearly $1
                                      billion in loans or grants.

                                      The urgent need among small businesses - particularly very sma ll businesses and those owned by historica lly
                                      disadvantaged people, which data show have minimal reserve resources to withstand a prolonged downturn - has been
                                      a challenge that we at Lendistry believed from the beginning of the pandemic we were built to take on. The business
                                      owners we are mission-bound to serve have been suffering a crisis of financial liquidity, and we knew we possessed the
                                      relationships to connect with them, the technology to serve them, the experience to meet them where they are, and the
                                      technical assistance to help guide them.

                                      What we never had before, however, were two critical ingredients: access to a very large amount of capita l to deploy,
                                      and access to geographic territories outside of California. Once Lendistry was selected by Goldman Sachs' 10~000 Small
                                      Businesses Initiative to have access to $175 million in capital to deploy for SBA Paycheck Protection Plan loans and was
                                      granted authorization by the SBA to expand our footprint to 12 states with large populations, diverse populations, and
                                      significant rural areas -the true power of our platform and our organization was unleashed.

                                      During the four-month span of our PPP offering in 2020, Lendistry originated, processed and approved more than $180
                                      million in PPP loans to more than 3,500 small businesses.

                                      The major learnings of PPP for Lendistry, and we believe for policymakers, is that lack of access to capita l and territory
                                      were significant limiting factors to the impact that Lendistry had been able to make prior to PPP - despite the fact that

                                                www.lendist,y.com I 330 E. Lambert Road suite 27S. Brea, CA 92621 I 777 S. Alameda Street 2"" Floor. Los Ange les, CA 90021 I 844.662. 7297   I info@ lendistry.com




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                                           lendl1t.ry
                                      Lendisty is a CDFI, a COE and a member of the Federal Home Loan Bank of San Francisco. We believe these takeaways
                                      also apply to many if not all CDFls generally.

                                      This point bears emphasis as an area for public policy to address: two significant barriers to CD Fis' ability to have greater
                                      impact in our mission are 1) the fact that CDFls must depend on larger financial institutions for capital, rather than
                                      having direct access to Fed facilities, even though CDFls are certified by the Treasury Department, and 2) the fact that
                                      CDFls - again, despite being federally-certified - must obtain separate approvals from the SBA for each state they wish
                                      to serve.

                                      Lendistry's contribution to the small business recovery effort amid the COVID-19 pandemic has not been limited to PPP,
                                      however. By the one-year anniversary of the pandemic-related shutdowns, Lendistry wi ll have administered $780 million
                                      in small business coronavirus relief grants funded by federal CARES Act funds and state resources. This aggregate
                                      amount includes $280 million in CARES Act funds to more than 17,000 small businesses across all 67 counties of the
                                      Commonwealth of Pennsylvania, through the statewide PA CARES program and eight separate county-sponsored
                                      programs, all of which were completed in the fourth quarter of 2020; and $500 million to California sma ll businesses
                                      through a state-funded program that launched in late December and is expected to conclude in March.

                                      Importantly, all ten of the small business coronavirus relief grant programs administered by Lendistry to date have not
                                      been first-come, first-served. Rather, one of Lendistry's significant responsibilities has been to design systems to
                                      efficiently execute grant programs intentionally conceived to prioritize impact.

                                      In Pennsylvania, where more than 62,000 small business owners applied for grants ranging in size from $5,000 to
                                      $50,000, 50% of the total grant pool was allocated to business owned by Historically Disadvantaged entrepreneurs, and
                                      of these: (i) 81.6% were low-to-moderate income, (ii) 94.7% were in NAICS priority industries, (iii) 67.4% had greater
                                      than 75% revenue loss, (iv) 22.8% were located in Revitalization Areas, (v) 15.9% were located in rural communities, and
                                      (vi) 62% were women-owned businesses. In Ca lifornia, with more than 300,000 applications completed and processed in
                                      the first of two application rounds, small businesses and nonprofits selected (pending a verification step) for grants
                                      ranging from $5,000 to $25,000 are: (i) 77% underserved and disadvantaged small businesses; (ii) 51% owned by a
                                      minority; (iii) 49% women-owned; (iv)S8% LMI; and (v) 14% rural.

                                      Lendistry's active engagement in small business grant administration and PPP loans during the pandemic reflects the
                                      many sim ilar capabilit ies required in such roles as those that are demanded in traditional underserved lending: building
                                      an engine to process a high vo lum e of applications according to criteria specified by the state or local authority,
                                      providing technical support for applicants, processing the applications, verifying information, complying with applicable
                                      federal requirements, reporting on the status, and ultimately funding approved businesses. The difference between the
                                      current pandemic environment and the past is the effort being placed on intentional programs to help underserved
                                      communities, such as the SSBCI program.

                                      Ill. The Need for Public Policy to Address, in the Interest of National Economic Expansion as Well as Equity, a Double
                                      Imperative tor Small and Minority-Owned Businesses: Survival and Recovery, and New Launches and Growth

                                      An important factor that left smal l businesses extraordinarily vulnerable to the vicious effects of the pandemic is the 20-
                                      year contraction in capital access for small businesses, as illustrated by the dramatic reduction in the number of
                                      community banks over that time, from 8,315 FD IC-insured banks in 2000 to 4,519 in 2019, with just 32 new FDIC-insured




                                                www.lend;stry.com   I 330 E. Lambert Road su ite 27S. Brea, CA 92B21 I 777 S. Alameda Street2"' Floor. Lo:;Angeles, CA 90021 I 844.662.7297 I info@le ndistry.com




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                                      bank charters issued since 2010. 1 As the number of banks has declined, the median asset size of remaining banks has
                                      grown by more than 500%, from $751 million in 2000 to $3.9 billion in 2019 2 • In general, the larger a bank, the higher its
                                      thresholds for what constitutes operationally efficient and economically worthwhile relationships and transactions.
                                      Ever-larger banks have quietly yet steadily raised their minimum business loan amounts. The result is that business size
                                      and loan size have become inversely correlated with being underserved by banks, alongside more widely recognized
                                      factors such as minority ownership.

                                      The void left behind in the smaller end of the business banking market by vanishing community banks and receding
                                      bigger banks has been filled by an explosion of unscrupulous lenders offering high-interest loans funded by private
                                      investors. As a result, small businesses, and particularly minority-owned small businesses, entered the pandemic already
                                      starved of cash flow and a financial cushion. Their businesses were severely undercapitalized because their choice was
                                      no choice at all: either enter into unsustainable lending arrangements that starve their businesses of cash flow, or forgo
                                      such loans and remain sub -scale, often as sole proprietors, without a path to growing big enough to be served by
                                      traditional banks offering competitive lending terms.

                                      Today, as the pandemic nears the one-year mark, it is vital to recognize the two-fold imperative for small and minority-
                                      owned business financing, and the full opportunity that a reauthorized SSBCI must capture. Not only is capital needed
                                      for survival and recovery, it also is needed for new business formation and growth. New launches in and following a
                                      downturn represent an enormous opportunity for job creation, wealth creation and community revitalization. Fulfilling
                                      the double imperative of business survival and recovery and business formation and growth demands an ample capital
                                      allocation to the SSBCI program, along with thoughtful program design that applies learnings from the lessons of the
                                      past.

                                      The Subcommittee 1 s Hearing Memo cogently framed, presented and supported the dire circumstances for small and
                                      particularly minority-owned businesses during the pandemic, as well as many of the inequities that were found to have
                                      limited the effectiveness of the public policy response to the effects of the pandemic. Federal Reserve Banks in 2020 also
                                      were active in documenting the impacts to small business, and the attendant racial disparities. 3

                                      Below I bring to the Subcommittee's attention several items of complementary data to that which is included within the
                                      Subcommittee 1 s Hearing Memo 1 to illustrate and support the double imperative stated above. In general, the
                                      information and sources that follow provide the Subcommittee with i) more recent data underscoring the urgency of
                                      further action to business recovery, and ii) evidence of the importance of acting boldly enough to support business
                                      formation and growth, in the interests of both equity and national economic expansion.

                                           1)   Recent Additional Evidence of the Stakes and Barriers for Small and Minority-Owned Business Survival and
                                                Recovery:

                                                    A.     A continuing unemployment crisis is disproportionately impacting Black and Latinx populations, as well
                                                           as women.




                                      1
                                        FDIC BankFind Suite: Find Annual Historical Data Bank· also find graphic representations at Statista.com for annual total FDIC-
                                      chartered banks and new FDIC-chartered banks
                                      2
                                        FDIC BankFind Suite: Find Annual Historical Data Bank
                                      3
                                        See, among others: Can Small Firms Weather the Economic Effects of COVID-19 April 2020· Double Jeopardy: COVID-19's
                                      Concentrated Health and Wealth Effects in Black Communities August 2020· An Uphill Battle: COVID-19's Outsized Toll on Minority-
                                      Owned Firms October 2020
                                                 www.lend i5lry.com   I 330 E. Lambert Road su ite 275 . Brea, CA 92821 I 777 S. Alameda Street 2"" Floor. Lo5 Angele5. CA 90021 I 844.662.7297 I info@lendi5lry.com




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                                                                •     The overall unemployment rate in December 2020 was 6.7%, but the Black (9.9%) and Hispanic
                                                                      (9.3%) unemployment rates were more than 50% higher than the white (6.0%) unemployment
                                                                       rate. 4
                                                                •     Women accounted for all of the net job losses in December 2020. 5
                                                                •     January 2021 1s initial jobless claims rates (all adults) were the highest since August 2020. 6

                                                   B.     Small and minority-owned businesses that survived into November are in distress and believe greater
                                                          access to capital and technical assistance can help.
                                                                •     The number of small businesses open as of year-end 2020 compared to January 2020 was 29.7%
                                                                      lower - the lowest point since May 2020. 7
                                                                      Newly-published research 8 from the nonprofit Small Business Majority of a scientific opinion poll
                                                                      conducted in November 2020 reveals, among other things, that:
                                                                            o 18% of Black and 18% of Latino entrepreneurs report they are likely to close their
                                                                                business in the next three months (i.e., February), compared with 14% of white small
                                                                                business owners.
                                                                            o 29% of Black and 32% of Latino entrepreneurs report they are likely to close their
                                                                                business temporarily in the next three months, compared with 21% of white business
                                                                                owners.
                                                                            o 22% of minority business owners may lay off employees permanently in the next
                                                                                three months, compared with 14% of white business owners.
                                                                            o Small business owners ranked accessing capital as the 4 th most useful measure to help
                                                                                their businesses survive, with Black and Latino respondents rating it significantly more
                                                                                important than the overall mean for all respondents.
                                                                            o 68% of all respondents support significantly expanded technical assistance programs.

                                                   C.     Public policy in support of minority-owned small business lending is necessary to counteract continuing
                                                          evidence of racial disparities and bias in small business lending.
                                                              •   A study conducted and published in 2020 by the National Community Reinvestment Coalition 9 -
                                                                  part of a series of "matched pair mystery shopping" studies of bias in small business lending
                                                                  conducted by NCRC since 2017 -found racial bias by several Washington, D.C. banks in PPP
                                                                  lending, with white candidates receiving more favorable treatment than similarly-qualified Black
                                                                  candidates in 43% of tests, as evidenced by differences in:
                                                                          o levels of encouragement in applying for a loan (including, in 44% of tests that
                                                                                       exhibited bias, discouragement of the Black candidate from applying at all, alongside
                                                                                encouragement of the white candidate to apply for more one or more loan products);
                                                                            o products offered;
                                                                            o information provided by the bank representative.
                                                                      The NCRC study's finding significant instances of banks discouraging Black candidates from
                                                                      applying for loans casts light on a two well-documented factors behind disparities in capital
                                                                      access between Black and non-Black business owners: the higher likelihood that Black business


                                      4
                                        Bureau of Labor Statistics The Employment Situation - December 2020 January 8 2021
                                      5
                                        Bureau of Labor Statistics Economic News Release January 8 2021
                                      6
                                        Opportunity Insights presentation of BL5 data
                                      7
                                        Opportunity Insights
                                      8
                                        Small Business Majority Scientific Opinion Poll "Small businesses continue to face closures in 2021 "January 27 2021
                                      9
                                        "Lending Discrimination within the Paycheck Protection Program" A. Ledrer S. Oros NCRC July 15 2020
                                                www.lendist,y.com I 330 E. Lambert Road suite 27S. Brea, CA 92621 I 777 S. Alameda Street 2"" Floor. Los Ange les, CA 90021 I 844.662. 7297   I info@ lendistry.com




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                                           lendl1t.ry
                                                                        owners lack a banking relationship (which came into conflict with the original design of the PPP
                                                                        initiative 10 ) and the higher likelihood that Black business owners will not pursue loans from
                                                                        lenders who offer responsible terms due to fear of rejection. The latter phenomenon was
                                                                        identified as a factor in racial disparities in capital access in a 2010 report published by the
                                                                        Minority Business Development Agency. 11
                                                                        Federal Reserve research shows that Black entrepreneurs are denied or given lower bank loans
                                                                        than requested at more than twice the rate of white entrepreneurs, 53% vs. 25%. 12 Other
                                                                        research finds that people of color pay higher interest rates than white borrowers. 13
                                                                •       Academic research has found evidence that racial bias may play at least a partial role in financial
                                                                        capital differences between minority and non-minority entrepreneurs. 14 The 2016 paper, which
                                                                        examined financing patterns among minority and non-minority entrepreneurs at startup and
                                                                        during early years of operation, also found that Black-owned businesses:
                                                                              o start with less capital and do not catch up over time; and
                                                                              o face more difficulty in raising external capital and invest lower levels of capital into
                                                                                   growth and development.

                                           2)   Evidence of the Importance of Supporting Small and Minority-Owned Business Formation and Growth:

                                                    A.    New business formation and growth account for a significant portion of job creation, which historically
                                                          has been particularly valuable in recovering from economic downturns.
                                                                        11
                                                                •            Businesses that are less than 5 years old create nearly all of the net new jobs in the American
                                                                        economy," according to a 2019 Kauffman Foundation white paper'slS summary of published
                                                                        2013 economic research. 16
                                                                •       Within the past 15 years, at least two significant economic shocks - one regional, Hurricane
                                                                        Katrina's unprecedented swath of devastation across the Gulf region, and the other global, in
                                                                        the 2008-2009 Great Recession -taught that when employment is disrupted on a wide scale,
                                                                        new job creation by startups lead the economy from recession to growth .17 18
                                                                        Business ownership represents an opportunity for minority households to close the wealth gap,
                                                                        with research over a sustained period showing that individuals who opted for self-employment
                                                                        experienced a growth in wealth four times larger than those who did not seek self-
                                                                        employment. 19


                                      10
                                         "Double Jeopardy: COVID-19's Concentrated Health and Wealth Effect in Black Communities" Federal Reserve Bank of New York
                                      August 2020
                                      11
                                         "Disparities in Capital Access between Minority and Non-Minority-Owned Businesses: The Troubling Reality of Capital limitations
                                      Faced by MBEs" R. Fairlie A. Robb for U.S. Department of Commerce Minority Business Development Agency January 2010
                                      12
                                         Report to Congress on the Availability of Credit to Small Businesses Board of Governors of the Federal Reserve System September
                                      2017
                                      13
                                         "Black and White: Access to Capital among Minority-Owned Startups" R. Fairlie A. Robb D. Robinson Stanford Institute for
                                      Economic Policy Research December 15 2016
                                      14
                                         "Black and White: Access to Capital among Minority-Owned Startups" R. Fairlie A. Robb D. Robinson University of California
                                      Santa Cruz March 7 2016
                                      15
                                         Start US Up: American's New Business Plan Ewing Marion Kauffman Foundation October 2019
                                      15
                                         "Who Creates Jobs? Small Versus Large Versus Young" J. Haltiwanger R. Jarmin J. Miranda The Review of Economics and
                                      Statistics May 2013
                                      17
                                         "Employment and self-employment in the wake of Hurricane Katrina," J. Zissimopoulos, L. Karoly, Demography May 2010
                                      18
                                         "Entrepreneurship economic conditions and the Great Recession" R. Fairlie Institute for Labor Economics May 2011
                                      19
                                         "An Uphill Battle: COVID-19's Outsized Toll on Minority-Owned Firms" L Misera Federal Reserve Bank of Cleveland October 2020
                                                 www.lendi5try.com   I 330 E. Lambert Road 5uite 27S. Brea , CA 92821 I 777 S. Alameda Street 2"" Floor. Los Ange le5, CA 90021 I 844.662.7297 I inlo@lend i5try.com




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                                           lendl1t.ry
                                                                       However, a new business that remains small for several years, due to lack of capital or other
                                                                       factors, is unlikely to become a significant source of job creation, which argues for policy-
                                                                       including relating to capital access -to be particularly supportive of startups obtaining and
                                                                       maintaining adequate capital to support investments in expansion. 20
                                                                       Furthermore, capital access is a determinant of the industries an entrepreneur can enter, with
                                                                       many higher growth industries requiring greater capital. Minority-owned businesses historically
                                                                       and in the present are concentrated industries with low relatively capital requirements to enter,
                                                                       but which tend not to have high growth characteristics, which in turn is a significant
                                                                       determinant of job creation, employee wage growth and wealth creation. 2122

                                                   B.    local market analyses in two major metropolitan areas, where minority-owned businesses are
                                                         disproportionate concentrated, project significant unmet needs for capital among small businesses.
                                                                In New York City, projections are for:
                                                                       o Small businesses seeking to grow to require $1.1B- $2.7B in the first year of recovery;
                                                                           $689M -$1.7B of this amount is estimated to be required by minority small business
                                                                           owners. 23
                                                                       o New business launches to require $303M- $705M in estimated total capital; $123M-
                                                                           $287M of this amount is estimated to be required by minority entrepreneurs. 24
                                                                       In Los Angeles County, there is an estimated unmet annual capital demand among small
                                                                       businesses of $60 billion, with particular gaps in lending in neighborhoods with high
                                                                       concentrations of Black and Latinx residents. 25

                                                   C.    Without sufficient capital, many minority-owned businesses will be unable to benefit from purchasing
                                                         pledges made by states, municipalities, and private industry in 2020 following protests over the deaths
                                                         of George Floyd and Breanna Taylor, among others.
                                                                 For example, New York City pledged to invigorate and vastly expand municipal contracting with
                                                                 MWBEs, including to grant $12 billion in City contracts to MWBEs between 2020 and 2025, and
                                                                 to increase utilization of MWBEs for contracts to 30% in the current fiscal year. 26 Yet New York
                                                                 City, like many other municipalities, has been scrutinized for lagging behind in contracting with
                                                                 African American, women and latinx businesses, receiving grades from the NYC Comptroller of
                                                                 F, D and C, respectively, for its performance in fiscal 2019.27 Any progress that is made will




                                      20
                                         'Who Creates Jobs? Small Versus Large Versus Young" J. Haltiwanger R. Jarmin J. Miranda The Review of Economics and
                                      Statistics May 2013
                                      21
                                         ''To expand the economy invest in Black businesses" A. Perry C. Romer The Brookings Institution December 31 2020
                                      22
                                         ''The Tapestry of Black Business Ownership in America: Untapped Opportunities for Success," I. Gorman, C. Evans, Association for
                                      Enterprise Opportunity February 16 2017
                                      23
                                         "New York City Small Business Ecosystem Assessment: Building a more inclusive resilient New York City " NextStreet &
                                      CommonFuture Fall 2020
                                      24
                                         "New York City Small Business Ecosystem Assessment: Building a more inclusive resilient New York City " NextStreet &
                                      CommonFuture Fall 2020
                                      25
                                         "Los Angeles County Small Business Ecosystem Assessment: Building a more inclusive resilient Los Angeles County" NextStreet &
                                      CommonFuture Fall 2020
                                      26
                                         "Mayor Signs Executive Order Supporting Minority and Women Owned Business" Cityland August 14 2020
                                      27
                                         "Making the Grade" NYC Comptroller Scott M. Stringer November 17 2019
                                                www.lendistry.com   I HOE. Lambert Road su ite 275. Brea, CA 92621 I 777 S Alameda Street 2nd Floor. Los Ange les. CA 90021 I 844 662.72 97 I info@ lendistry.com




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                                           lendl1t.ry
                                                                        translate to outsized growth in need for financing from a segment of businesses that, per the
                                                                        New York Fed data, have weak relationships with traditional banks.28
                                                                        In general, large G2B or B2B purchasers maintain significant vendor requirements as a matter of
                                                                        operational and risk management necessity, to ensure their suppliers have the capabilities to
                                                                        fulfill vital orders as specified and on time. Lack of capital should not be a reason minority-
                                                                        owned small businesses cannot take advantage of an overdue but welcome effort on the part of
                                                                        large purchasers to make an economic equity impact with their operating budgets.

                                                   D.     Multiple major studies in recent years spotlight the enormous opportunity cost to the national economy
                                                          from racial inequities, and the enormous benefit available to the economy from supporting minority-
                                                          owned businesses. However, in addition to the recent literature, it also is illuminating to review a report
                                                          from 2010 commissioned by the Minority Business Development Agency, with interesting parallels to
                                                          the present day, as the report considered issues around capital access disparities for minority owned
                                                          businesses in the context of the immediate aftermath of the Great Recession. 29 Though it is difficult not
                                                          to come away from that report with the feeling that we have been here before, I hope it instead will
                                                          help the Subcommittee redouble your resolve to make the current effort big and smart enough to make
                                                          a step-change difference in the capital access environment, and for the real prosperity of small and
                                                          minority-owned businesses.
                                                              •   According to a 2020 Citigroup study3°:
                                                                         o Not addressing racial gaps between Blacks and whites has cost the U.S. economy up to
                                                                             $16 trillion over the past 20 years.
                                                                         o Closing four key gaps - wages, homeownership, higher education, a small business
                                                                             financing - could generate $5 trillion in additional GDP over the next five years,
                                                                             representing 0.35 percentage point boost to U.S. GDP growth per year, and even a
                                                                             positive impact on global growth.
                                                                         o Closing the share of Black-owned firms-gap 20 years ago might have generated $13
                                                                             trillion of revenues for investment, 6.1 million jobs per year, and a cumulative $182
                                                                             billion in income for consumption.
                                                              •   According to a 2018 study by the W.K. Kellogg Foundation and Altarum 3 ':
                                                                         o By 2050, the U.S. stands to realize an $8 trillion gain in GDP by closing the U.S. racial
                                                                             wealth gap - an amount greater than the current GDP of every country in the world
                                                                             except the U.S. and China.
                                                                         o Overall spending would increase by $2.6 trillion. Consumer spending alone could
                                                                             increase by more than $1 trillion, and federal, state, and local governments in
                                                                             aggregate could gain an additional $550 billion annually in tax revenue to fund
                                                                             priorities and reduce public debt.
                                                                         o The projected boost to GDP would be 22%, or the difference from 2% annual GDP (the
                                                                             CBO's long-term projected growth rate) and 2.5% GDP.




                                      28
                                         "Double Jeopardy: COVID-19's Concentrated Health and Wealth Effects in Black Communities" Federal Reserve Bank of New York
                                      August 2020
                                      29
                                         "Disparities in Capital Access between Minority and Non-Minority-Owned Businesses: The Troubling Reality of Capital limitations
                                      Faced by MBEs" R. Fairlie A. Robb for U.S. Department of Commerce Minority Business Development Agency January 2010
                                      30
                                         "Closing the Racial Inequality Gaps: The Economic Cost of Black Inequality in the U.S." Citigroup September 2020
                                      31
                                         "The Business Case for Racial Equality: A Strategy for Growth" A. Turner W.K. Kellogg Foundation and Alta rum 2018
                                                www.lend i5lry.com   I 330 E. Lambert Road su ite 275 . Brea, CA 92821 I 777 S. Alameda Street 2"" Floor. Lo5 Angele5, CA 90021 I 844.662.7297 I info@lendi5lry.com




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                                           lendl1t.ry
                                                                •      According to a 2017 study by the Association for Enterprise Opportunity 32 :
                                                                                o      If just 15% of Black-owned nonemployee firms (sole proprietors) hired just one
                                                                                       employee, it could add $33 billion to the economy.
                                                                                o      If Black-owned employer firms added just two more employees, to bring them on par
                                                                                       with the average employment size for all U.S. firms, the revenue generated on a per
                                                                                       employee basis could add an additional $22 billion to the economy.

                                      IV. SSBCl's Potential Impact, and Lendistry's Impact in the SSBCI Program

                                      A robust and thoughtfully designed SSBCI reauthorization should have the effect of drawing more lenders into the
                                      market to serve smaller and minority-owned businesses. By increasing borrowers' access to responsible sources of
                                      financing, the competitive environment for unscrupulous lenders will become more difficult, which in turn would be
                                      expected to make them less attractive vehicles for the investors who capitalize them. Furthermore, by attracting new
                                      and responsible entrants to the market for financing small and minority-owned businesses, the SSBCI will be a means by
                                      which some responsible lenders will gain their first direct experiences with an underserved segment ofthe borrower
                                      market, which in turn could lead some lenders eventually to make expanded commitments to the market segment.

                                      As a CDFI with a mission of serving underserved small business communities, Lendistry has participated in several SSBCI
                                      programs over the course of four years, and funded millions of dollars in loans. These programs have allowed us to be
                                      flexible in our underwriting criteria while remaining focused on a disciplined credit culture and strong risk management.
                                      SSBCI programs have allowed us to finance non-profit schools that serve economically disadvantaged children and
                                      veteran and minority owned small businesses that provide employment services to the Department of Defense.

                                      However, we could have originated more. Lendistry had two main barriers to entry into these programs: onerous
                                      paperwork as we attempted to gain multi-state approval, and lack of capital to deploy. SSBCI legislation should grant
                                      CD Fis automatic authorization to participate in SSBCI programs on a national basis. New SSBCI authorization also must
                                      include a process for rescinding funds from states that do not utilize the program expeditiously and redeploying the
                                      capital to states that utilize and abide by the program with effective systems for deployment of funds. Such a measure
                                      will remedy a flaw in the original SSBCI program, in which some state SSBCI programs still had funds remaining from the
                                      initial $1.5 billion allocation at the expiration of the program, while many other states had exhausted their funds. When
                                      authorized funds for such an important and powerful program as SSBCI languish unused, there are underserved small
                                      businesses that suffer as a result.

                                      The SSBCI provides a significant incentive for approved lenders to utilize the program, in the form of loan guarantees.
                                      Requiring states to add an additional 10% coverage in their credit enhancement programs to each loan to an
                                      underserved borrower is a small tweak that would carry a lot of power in enhancing the effectiveness and impact of the
                                      SSBCI program for underserved small businesses.

                                      The stakes for expanding responsible lending are enormous and the urgent need for action in this regard cannot be
                                      overstated. It is critical that as this Subcommittee and others work on the SSBCI program, both program design and
                                      considerations for enabling lenders to maximize their impact remain top of mind.

                                      V. Lendistry's Insights and Recommendations on SSBCI Reauthorization



                                      32
                                        "The Tapestry of Black Business Ownership in America: Untapped Opportunities for Success " I. Gorman C. Evans Association for
                                      Enterprise Opportunity February 16 2017
                                                www.lend istry.com I 330 E. Lambert Road suite 275. Brea. CA 92821   I 777 S. Alameda Street 2od Floor. Los Angeles, CA 90021 I 844.662.7297   I info@lendistry.com




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                                           lendl1t.ry
                                      To expand on the summary provided in the opening of this testimony:

                                           1) The funding level for the SSBCI should be at least $10 billion. Lendistry agrees with the recommended funding
                                              proposal of $10 billion that has been voiced both within the prior Congress, as reflected by former Congressman
                                              McAdams' bill, and from organizations dedicated to closing the funding gap facing minority-owned businesses,
                                              such as the Small Business Majority and fellow CDFI, the Opportunity Fund. The funding commitment must be
                                              large enough to enable the SSBCI to fulfill the dual imperatives of supporting business survival and stabilization,
                                               while also supporting new business formation and growth.

                                           2) The portion of the authorized funds for the SSBCI that will be dedicated to minority-owned businesses should be
                                              60%. The disproportionate decimation of minority employment and minority-owned businesses over the past 11
                                              months, combined with the longstanding disparity in access to capital that minority business owners have faced,
                                              with ever-increasing implications of gaps in generational wealth creation and neighborhood revitalization,
                                              demands that the SSBCI be designed with an intentional objective of making a disproportionately positive
                                              impact for minority owned businesses. As an increased focus on equity begins to open new doors to long shut
                                              out business owners, it is vital that their businesses have adequate capital necessary to seize the new
                                              opportunities. Accordingly, more than a majority of the funding should be dedicated to minority-owned
                                              businesses, and 60% is appropriate.

                                           3) At least 5% of authorized funds for the SSBCI should be dedicated to enhancing and providing technical
                                              assistance to prospective applicants, particularly in the areas of i) recovery planning, ii) generating financial
                                              statements, iii) upgrading technological skills in order to take advantage of commonly-available and increasingly
                                              necessary business software tools and applications and iv) understanding credit. Lendistry's extensive first-hand
                                              experience on the front lines of PPP loan and small business grant administration during the pandemic has
                                              crystallized the urgent need among small and minority-owned businesses for significant assistance in fulfilling
                                              application requirements, particularly in the specific skill areas noted above. The success of the SSBCI program
                                              depends on providing no less than 5% of funding to technical assistance and putting in place oversight to ensure
                                              the funds are effectively spent.

                                           4) The legislation should grant automatic national authorization to offer SSBCl-supported loans to the following
                                              categories of federally-certified institutions so that such institutions are exempted from any federally-conducted
                                              state-by-state approval process: Community Development Financial Institutions (CDFls) 1 and Small Business
                                              Administration-approved Community Development Corporations (CDCs) and Business Development
                                              Corporations (BDCs). The process of CD Fis, which are federally-certified, obtaining from federal agencies state-
                                              by-state approval to expand their geographic footprint is redundant, operationally burdensome and, most
                                              important, creates barriers to small businesses obtaining access to capital.

                                           5) With regard to program design, each program supported by the SSBCI should provide for loans to minority-
                                              owned businesses to qualify for 10% additional guaranteed coverage. For example, a feature of the Collateral
                                              Support Program offered by some states is a companion program that provided additional 10% loan coverage
                                              for businesses that qualified as operating in a Severely Affected Community. The same principal and benefit
                                              should be extended across all programs for minority borrowers.

                                           6) The SSBCl's authorizing legislation and rules should recognize the value created by states deploying their
                                              allocated funds on an expeditious basis, by creating mechanisms to revoke funds from states that fail to deploy
                                              their allocated capital expeditiously and redeploy revoked funds to states that effectively utilize program funds.
                                              Such mechanisms would help to address a shortcoming of the original SSBCI program, which resulted in many
                                                www. lendistry.com   I 330 E. Lambert Road suite 275. Brea. CA 92B21 I 777 S. Alameda Street 2"" Floo r. Los Angeles. CA 90021 I 844.662.7297 I info@lend istry.com




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                                           lendl1t.ry
                                              state programs running out of funds while other state programs still had funds remaining when the program
                                              expired.
                                      VI. Conclusion

                                      Reauthorization of SSBCI is an important opportunity that the Subcommittee should seize aggressively to bring about
                                      the degree of impact that is necessary to alleviate and reverse the widening capital disparity and the rapidly
                                      deteriorating state of U.S. small and minority-owned businesses during the pandemic, while also supplying necessary
                                      capital for new business formation and growth to fuel national economic expansion. It is vital that SSBCI is 1) large
                                      enough to meet the dual nee d; 2) des igned to make an impact for minority -owned businesses, from the size of a
                                      dedicated allocation to the funding provided for specific technical assistance needs, to features that will help ensure that
                                      its funds are deployed expeditiously and completely; and 3) includes provisions that remove obstacles that historically
                                      have limited CD Fis' impact.

                                      Lendistry's front lines perspective on the continuing wo rsening plight of small and minority-owned businesses during the
                                      pandemic, combined with the senior management team' s longstanding focus on providing critical capital to underserved
                                      small businesses, informs the perspectives and recommendations provided today. Thank you for your interest in my
                                      testimony and for the opportunity to provide the Subcommittee with my insights.




                                                www.lend;stry.com   I 330 E. Lambert Road su ite 27S. Brea, CA 92B21 I 777 S. Alameda Street2"' Floor. Lo:;Angeles, CA 90021 I 844.662.7297 I info@lendistry.com




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                                                                                           55




                                                        TESTIMONY BEFORE THE UNITED STATES CONGRESS
                                                                     ON BEHALF OF THE

                                               NATIONAL FEDERATION OF INDEPENDENT BUSINESS




                                                                                NFIB.

                                                                Statement for the Record of Holly Wade

                                                              Executive Director, NFIB Research Center

                                                                                  Before the

                                      United States House Committee on Financial Services, Subcommittee on
                                        National Security, International Development, and Monetary Policy

                                                        Hearing on: "Supporting Small and Minority-Owned
                                                                Businesses Through the Pandemic"


                                                                       Thursday, February 4, 2021

                                                            National Federation of Independent Business
                                                                (NFIB) 555 12th Street, NW Suite 1001
                                                                       Washington, DC 20004




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                                                                                                                                                                         2




                                      Chairman Himes, Ranking Member Hill, and distinguished members of the
                                      committee, my name is Holly Wade, and I serve as the Executive Director of the
                                      National Federation of Independent Business (NFIB) Research Center.

                                      On behalf of NFIB, I appreciate the opportunity to testify before the House Financial
                                      Services Subcommittee on National Security, International Development, and
                                      Monetary Policy hearing entitled, "Supporting Small and Minority-Owned
                                      Businesses Through the Pandemic."

                                      NFIB is the nation's leading small business advocacy association, representing
                                      members in Washington, D.C., and all 50 state capitals. Founded in 1943 as a
                                      nonprofit, nonpartisan organization, NFIB's mission is to promote and protect the
                                      right of its members to own, operate, and grow their businesses. NFIB proudly
                                      represents approximately 300,000 members nationwide from every industry and
                                      sector.

                                      The NFIB Research Center promotes greater understanding of small business and
                                      the conditions that impact it. The Center produces and disseminates various
                                      surveys and studies on small business, focusing on areas related to business
                                      operations and public policy's effects.

                                      Small businesses employ nearly half of the private sector workforce and are
                                      responsible for about half of our Gross Domestic Product (GDP). The small business
                                      half of the economy has been significantly damaged by the COVID-19 pandemic.
                                      The NFIB Research Center has conducted a series of surveys over the ten months
                                      assessing the impact the pandemic has had on small business owners.

                                      These surveys have shown that many small businesses are still struggling to survive
                                      as economic conditions and business restrictions remain serious challenges after
                                      more than ten months since the national emergency declaration concerning the
                                      COVID-19 outbreak. 1 Owners continue to adjust business operations as the health
                                      crisis evolves all while trying to keep their employees on the payroll. Still, 15% of
                                      small business owners report that they will have to close their doors if current
                                      economic conditions do not improve over the next six months, down from 25% two
                                      months ago. 2 Moreover, according to N Fl B's latest monthly Small Business Economic

                                      1
                                        Declaring a National Emergency Concerning the Novel Coronavirus Disease (COV/0-19) Outbreak, Federal Register, Procla mation 9994
                                      of March 13, 2020, https:I/www federalregister.gov/documents/ZQ?Q/03/18/ZQ?Q-05794/decla ring-a-national-emergency-
                                      concer ning-the-novel-coronavirus-disease-c □vid-19-outb rea k.
                                      2 Hol ly Wade, Covid-19 Small Business Survey (15)- PPP, ERTC, the Economy, the Vaccine, and Minimum Wage, NFIB Research Center,

                                      January 28-31, 2021.




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                                                                                                                                                                         3


                                      Trends survey, small business optimism dropped below historic averages, with 9 out
                                      of 1O components of the index declining. This month's drop in small business
                                      optimism is historically very large and most of the decline was due to the outlook of
                                      sales and business conditions in the first half of 2021. 3 When the small business
                                      half of the economy emerges from the public health crisis, it is critically important
                                      that they have a solid foundation from which to operate and invest in their
                                      business.

                                      The body of my testimony is broken down into two parts. Part 1 is focused on the
                                      small business programs created during the health crisis and what has and has not
                                      worked well. Part two is focused on the path ahead for small businesses.

                                      Small Business Pandemic Programs - What Has and What Has Not Worked

                                      The Paycheck Protection Program (PPP) has been extremely popular with small
                                      business owners with 76% of NFIB members receiving a PPP loan in 2020. Outside
                                      of some initial implementation and funding concerns, the first round of PPP was
                                      very effective in helping small employers maintain payroll as well paying for other
                                      eligible expenses that were critical in business operations. 4

                                      The PPP was envisioned as providing short-term liquidity to small business owners
                                      to help them survive government-mandated economic shutdowns and dramatic
                                      shifts in consumer spending. However, many small business owners needed
                                      additional financing and assistance with expenses not authorized though the PPP.
                                      The Small Business Administration (SBA) Economic Injury Disaster Loan (EIDL)
                                      program was intended to provide that longer-term liquidity. The EID L's 30-year
                                      term and 3.75% interest rate were very attractive to many small business owners.
                                      About one-third of NFIB members applied for an EIDL loan. However, the EIDL
                                      program has been plagued by well-documented administration issues ranging from
                                      loan application backlogs to a lack of communication with Congress and
                                      stakeholders about funding levels and arbitrary limitations. NFIB still regularly
                                      receives phone calls and emails from small business owners complaining that they
                                      cannot get updates from the SBA on the status of their EIDL application. EIDL is an
                                      important program that provides eligible small business owners with a loan option
                                      that would be difficult, if not impossible for many to access in the private lending
                                      markets. NFIB urges Congress to use its oversight to ensure that this program

                                      3
                                           William C. Dunkelberg and Holly Wade, NFIB Small Business Economic Trends, NFIB Research Center, December 2020,
                                      https:11assets.nfib.comtnfibcom/SBET-Pec-2020- odf.
                                      ' Hol ly Wade, Cavid-19 Small Business Survey (15) - PPP, ERTC 1he Economy, the Vaccine, and Minimum Wage, NFIB Research Center,
                                      January 28-31, 2021




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                                                                                                                                    4


                                      functions the way it was intended to and provide sufficient information and
                                      customer assistance to small business owners participating in the program.

                                      The Federal Reserve's Main Street Lending Program (MSLP) was also created to help
                                      provide financial assistance to small and medium size businesses but was largely
                                      ineffective in achieving its goal. The MSLP's loan terms were structured in a way
                                      that were too restrictive for most small business owners. The repayment schedule
                                      was too short, the minimum loan amount was too high intitally, and the interest
                                      rate was too high to attract many small businesses to the program. At a time when
                                      the EIDL program was struggling with loan backlogs, NFIB had hoped that the MSLP
                                      would be able to fill the void, but unfortunately, the program was not easily
                                      accessible and the terms were just not attractive to the average small business
                                      owner.

                                      There have also been COVID-19 related programs that have made life more difficult
                                      for small business owners. The paid sick and family leave mandate enacted within
                                      the Families First Coronavirus Response Act, and specifically targeted at small
                                      business owners, was challenging for many small business owners. Nearly half of
                                      small employers have had employees take COVID-19 related sick leave or family
                                      leave, however, only 41 % of those have claimed the available tax credit to
                                      reimburse those expenses. The terms and conditions of the mandate are
                                      complicated and the credit is difficult to claim for many small employers who have
                                      to navigate both programs themselves.

                                      Small businesses have also had to do their best to comply with varying state and
                                      local public health mandates to keep their employees and customers safe.
                                      Depending on the industry, state, and locality, these compliance costs have been
                                      expensive for many. However, small business owners still have concerns that they
                                      may end up in court if someone contracts coronavirus through no fault of their
                                      own. NFIB supports and encourages Congress to enact common-sense COVID-19
                                      small business liability protections to help those that have done everything in their
                                      power to protect their employees and customers.

                                      The Path to Small Business Recovery

                                      As stated earlier, about 15% of small businesses report they will have to close their
                                      doors if the small business economy does not improve in the next six months. The
                                      best path for small businesses to recover is to get as many Americans vaccinated as
                                      possible, and quickly, so Main Street can fully reopen. In the mean time, many small




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                                                                                                                                                           5


                                      businesses may continue to need economic assistance in the form of grants or tax
                                      incentives to survive. The second round of PPP should be helpful to those small
                                      businesses struggling the most right now. The EIDL program also remains a sound
                                      option for those interested in additional financing .

                                      NFIB finds that there is very little need or interest in small businesses acquiring new
                                      forms of debt. According to the most recent NFIB Small Business Economic Trends
                                      survey,

                                               "Three percent of owners reported that all their borrowing needs were not
                                               satisfied (up 1 point). Twenty-six percent reported all credit needs met (up 1 point)
                                               and 60 percent said they were not interested in a loan (up 2 points). A net 3
                                               percent reported their last loan was harder to get than in previous attempts (up 1
                                               point). Credit markets have never been friendlier, and the Federal Reserve
                                               promises that will continue indefinitely. Add to this the reopening of the PPP
                                               program allowing eligible small business owners to access a second forgivable
                                               loan, easing demand for additional private sector borrowing. One percent
                                               reported that financing was their top business problem (unchanged). The net
                                               percent of owners reporting paying a higher rate on their most recent loan was
                                               negative 5 percent, down 1 point from November. The average rate paid on short
                                               maturity loans was 4.8 percent, up 0.1 percentage points from November.
                                               Twenty-six percent of all owners reported borrowing on a regular basis (up 4
                                               points)."5

                                      Instead of focusing on new borrowing options to small business owners, NFIB
                                      recommends that Congress first should adopt the principle of "do no harm ."
                                      Proposals such as those to more than double the federal minimum wage to $15 per
                                      hour, expand paid leave mandates, and create new federal enforcement actions on
                                      small businesses will make it even harder for Main Street to recover. Making it
                                      more expensive to operate a business will only serve to hamper the ability of small
                                      firms to survive the pandemic. Thank you for allowing me the opportunity to testify
                                      before you today.




                                      5Wil lia m C. Dunkelberg and Holly Wade, NFIB Small Business Economic Trends, NFIB Research Center, December 2020,
                                      https•llassetsnfib.com1nfibcom1SBET·Dec·2020.pdf.




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                                                                                            60


                                      BROOKINGS
                                                                                                 Q UA LI T Y. I N DE P EN D ENCE. I M PACT.



                                                 Minority-Owned Small Business Trends and Policies in the Wake of COVID-19

                                                                                Testimony Submitted to:

                                                                   U.S. House Committee on Financial Services
                                                 Subcommittee on National Security, International Development, and Monetary Policy
                                                     "Supporting Small and Minority-Owned Businesses Through the Pandemic"

                                                                                    February 4, 2021

                                                            Sifan Liu (Senior Research Analyst) and Joseph Parilla (Fellow)
                                                                        Brookings Metropolitan Policy Program

                                      Thank you, Chairman Cleaver, Ranking Member Hill, and members of the Subcommittee, for the
                                      opportunity to submit written materials for the record. This testimony focuses on two basic questions: 1)
                                      what is the state of minority-owned small business in America? and 2) how can public policy provide
                                      targeted support to minority-owned small businesses to spur a dynamic, equitable recovery from COVID-
                                      19?
                                      State of Minority-Owned Small Business in America
                                      The COVID-19 pandemic has put the economy under historic distress and millions of small businesses at
                                      risk. ' As of January 2021 , 40% of small business owners report operating below capacity as compared to
                                      a year ago and 69% expected it would take at least four months to return to normal operating levels, if
                                      ever. 2 About 30% of businesses are closed.' T11e near-tem1 pressures from the COVID-19 recession have
                                      intersected with a second crisis that is longer-standing and equally damaging: the racial disparities in
                                      business ownership that undermine the nation 's economic dynamism and exacerbate wealth inequities.
                                      Below, we review three unique challenges that minority-owned small businesses currently face.
                                      The first challenge is the continuous and long-standing structural racial disparities in small
                                      business ownership and performance. Nationally, people of color represent about 40% of the
                                      population, but only 20% of the nation 's 5.6 million business owners with employees. Minority-owned
                                      small businesses also have fewer employees, lower profit margins, and higher failure rates .4
                                      Importantly, these trends represent structural impediments to starting and scal ing businesses, and do not
                                      reflect the inherent entrepreneurial abilities or interests of different groups.5 Several studies indicate that
                                      the playing field is uneven for entrepreneurs of color on key factors , including consumer perceptions,
                                      access to finance, and social capital. A Brookings analysis found that businesses located in majority-
                                      Black neighborhoods receive lower Yelp ratings, and earn less revenue than businesses with similar
                                      quality ratings in other neighborhoods. 6 The Federal Reserve 's 2020 Small Business Credit Survey shows
                                      that large banks approve around 67% ofloans sought by white smal l-business owners, 43% of those
                                      sought by Latino or Hispanic smal l-business owners, and just 29% of those sought by Black small-
                                      business owners. 7 Because the enduring impact of structural racism compounds over generations,
                                      minority entrepreneurs also have less exposure to business ownership within their families, and lower
                                      levels of family wealth to draw from as startup capital or collateral. 8




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                                                                                                               61
                                                           FIGUREl

                                                           Women and people of color own businesses at much lower rates than men and
                                                           non-Latino or Hispanic white Individuals




                                                            Women
                                                                                                                          Disparity ratio     =!~: =65%


                                                           Minority                                                       Disparity ratio     =:~: = 50%


                                                           Source: Brookiogs11n11lysisolthe U.S.Census Bure11u's2016
                                                           Annu11ISurveyolEntrepreneurs(ASE)11ndAmerican
                                                           Community Survey (ACS)
                                                                                                                       B Metropoli tan Policy Program
                                                                                                                           011JROOJ..li\'GS




                                      This second challenge is the acute economic disruptions induced by COVID-19 that
                                      disproportionately affected minority-owned businesses. These long-standing structural impediments
                                      have consequences on the financial health of minority-owned businesses, putting them in a more
                                      vulnerable position during economic downturns. Minority-owned small businesses are more likely to
                                      operate in retail services, accommodation and food services, and personal care services industries that rely
                                      on foot traffic, which were hit hardest from a nationwide lockdown. 9 In addition, COVID-19 infection
                                      rates are higher in communities of color, which coincides with minority-owned business locations.10
                                      Federal Reserve Bank of New York found that among the counties with highest share of Black-owned
                                      businesses, two-thirds were among the top 50 COVID-affected areas in July 2020. 11
                                      The monthly-updated Current Population Survey shows that in the first month of the pandemic, active
                                      business owners declined by 41 % for African-Americans, 32% for Latinos or Hispanics, 26% for Asian-
                                      Americans, compared to 17% for white Americans . These temporary losses later bounced back in August
                                      for all groups, with the exception of Asian-American businesses, where ownership is still down 20%. 12
                                      For small businesses that have maintained operations, Black-, and Latino- or Hispanic-owned businesses
                                      experienced a steeper decline and slower recovery in their cash balances than white-owned businesses,
                                      according to a research from the JPMorgan Chase Institute. 13
                                      The third challenge is the delay and failure in getting federal small business relief to communities of
                                      color. While we do not have definitively reliable data on the demographics of PPP loan recipients, a
                                      range of evidence strongly suggests that access to PPP was not equal. A matched-pair test conducted in
                                      April found that Black business owners in Washington, DC were more likely to be denied PPP loans
                                      compared to white business owners with similar application profiles due to outright lending
                                      discrimination. 14 Brookings research shows that small businesses in majority-white neighborhoods
                                      received PPP loans much more quickly than small businesses in majority-Black and majority-Latino or
                                      Hispanic neighborhoods. For sole proprietors, the neighborhood-level gaps were even more significant. 15




                                                                                                                                                                   2




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                                                                                                                    62
                                       Figure 1. PPP loans in majority-minority neighborhoods were approved later than those
                                       in majority-white neighborhoods
                                       Average days since PPP application started (April 3) to when loans were approved

                                                                     Employer                               Nonemployer

                                            MaJonty-Black
                                           Majority·lat1nc,
                                              orH1spamc

                                                   """"
                                            Ma)Ol"ity•Asian
                                                Amencan

                                            MaJor1ty-white.Ji====,, i = - - - - ~ - ~ ~




                                      A new NBER report released last month indicates that the second tranche of PPP reached smal l
                                      businesses in underserved and majority-minority communities, 16 but these delays are likely costly to
                                      businesses in those communities that operate on very short cash buffers. 17
                                      In the absence of reliable demographic data at the national scale, local surveys of business owners are also
                                      revealing. A recent survey by the New Economy Initiative ofmicrobusiness owners in Detroit found that
                                      64% of Black respondents who applied for PPP loans were approved, compared to 94% of businesses in
                                      Southeast Michigan. Moreover, many business owners are skeptical that existing small business relief
                                      solutions wi ll work for them. One leader of a neighborhood business organization in Detroit summarized
                                      the dynamic: "There hasn't been an appetite for PPP from many of the businesses in the neighborhood.
                                      They are anxious about it being a loan and then getting stuck to pay it back if they have to let employees
                                      go. Even if they try to fix it up, there is sti ll a lot ofmistrust." 18
                                      Policy Considerations for Supporting Minority-Owned Small Businesses
                                      Against the backdrop of the three challenges above, this section concludes with five policy considerations
                                      to support minority-owned businesses in the wake ofCOVID -1 9.
                                       I.       Ensure existing emergency relief is broadly accessible. Mitigating small business failures will be
                                                critical in bridging towards a strong economic recovery. Absent broad and accessible relief, large-
                                                scale small business destruction will take a tremendous toll on the nation 's workforce, physical and
                                                intangible capital stock, and the physical landscape of local communities. 19 If relief is not accessible
                                                to minority-owned businesses, then business fai lures wi ll disproportionately concentrate in minority
                                                communities, which in tum negatively impacts wealth accumulation , social mobility, and community
                                                development. 20 In the early part of 2021 , Congress and the relevant agencies made welcome
                                                modifications in the PPP and certain elements of the EIDL program to better support undeserved
                                                businesses. For PPP, reserving initial access to round three for Community Financial Institutions
                                                (CF!s), including Community Development Financial Institutions (CDF!s), Minority Depository
                                                Institutions (MD!s), Certified Development Companies (CDCs), and Microloan Intennediaries helped
                                                advance the agency 's ongoing efforts to reach underserved and minority smal l businesses. 21 For
                                                EIDL, a second round of grants will only be available to businesses in low-income communities
                                                whose revenue dropped at least 30% in 2020. 22

                                      2.        Consider new, additional pathways for future relief. 11,ere are additional approaches the federal
                                                government could take to ensure this mitigation phase is as effective and inclusive as possible. Small
                                                business relief could be better targeted to address the specific challenges related to racial disparities in
                                                capital access. Given the challenges around reaching minority business owners in the first round of
                                                relief and the worries from those businesses about taking on more debt through PPP loans, direct
                                                grants to minority-owned businesses could be provided through a distribution network of community-
                                                based organizations via the Minority Business Development Agency (MBDA). Similarly, the

                                                                                                                                                                   3




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                                                                                             63

                                           proposed RELIEF for Main Street Act would provide $50 billion in loans and grants via a distributed
                                           network oflocal communities. building on the lending infrastrncture that local relief funds established
                                           in the spring to target microbusinesses and provide them with technical assistance (in addition to
                                           capital)." Another way to channel fonds to decisionmakers more proximate to the small business
                                           challenges of local communities would be to reinstate the State Small Business Credit Initiative,
                                           which would devolve capital to state-led funds to be distributed to small businesses. Originally used
                                           in the wake of the Great Recession, SSBCl's program evaluation found that it gave states flexibility
                                           to tailor their small business support strategies to the particular needs of their state, with 43% of the
                                           transactions invested iu minority or other underserved commuuities .
                                      ., . Experiment with new partnerships that broaden capital access to smaller small businesses. A
                                           federal entrepreneurship strategy will also need to intentionally reflect the fact that minority
                                           entrepreneurs are more likely to operate as sole proprietorships or very small microbusinesscs (under
                                           10 employees). Yet. traditional SBA loan guarantees arc not targeted to these microbusinesses. Over
                                           the past couple decades. large banks have been less likely to operate in the small-loan space due
                                           to low profit margins, 25 and small banks that traditionally served local small businesses have declined
                                           due to a wave of bank consolidations since the financial crisis. 26 This has a disparate impact at the
                                           neighborhood level. According to the Institute for Local Self-Reliance, since 2006, communities of
                                           color have lost more small community banks than other communities.2 7 Online lenders have stepped
                                           up to fill the gap with internet-based technologies that allow for more efficient loan processing and
                                           lower transaction costs, albeit with higher interest rates. 28 l11e SBA could broaden the reach of its 7(a)
                                           loan program by partnering with a fintech lender that can issue loans at much lower costs. Because
                                           microbusiness lending is riskier, the federal government could offer loan loss guarantees to fintech
                                           lenders, who as a result could offer underserved business owners lower interest rates. At the same
                                           time, the federal government should enhance investment in lenders serving communities of color,
                                           including a significant increase in the CDFI Fund.

                                      4.   Invest in the success of new "necessity" entrepreneurs. National unemplo}ment remains high,
                                           especially an10ng minority workers. Previous research has found that unemployed workers are more
                                           likely to start a business to avoid prolonged unemployment and financial hardship. 30 Yet. starting and
                                           growing a business is an extremely complex. iterative undertaking, and "necessity" entrepreneurs
                                           overwhelmingly start that journey with less financial and social capital. Currently. the Department of
                                           Labor provides small grants through Self-Employment Assistance (SEA) programs, which allow
                                           unemployed workers to receive a weekly self-employment allowance while learning necessary skills
                                           to set np their businesses. State SEA programs usnally partner with SBA Small Business
                                           Development Centers (SBDC) to provide counseling, training, and technical assistance to small
                                           business owners throngh its local branches. A 2017 evaluation of the SEA progran1 reported positive
                                           outcomes for participants. Y ct, due to fluctuations in available fonding and legislative gridlock, only
                                           six states had an active program at the end of2015." l11e SBA should consider expanding fonding
                                           and services at SBDCs to partner with local workforce agencies to reach potential '"necessity"
                                           entrepreneurs.
                                      5. Invest more federal resources in building productive, inclusive local entrepreneurship
                                         ecosystems, In addition to providing capital and technical assistance, federal policy needs to better
                                         support the development of inclnsive local entrepreneurship ecosystems. Small businesses rarely can
                                         sncceed in isolation, and are more likely to grow when surrounded by other entrepreneurs, investors.
                                         and customers who are open to collaboration and knowledge sharing. 32 So much of entrepreneurial
                                         success is rooted in the in-person social exchange of ideas, infonuation, and resources. Yet, currently
                                         the SBA and Economic Development Administration together invest less than $40 million annually in
                                         supporting local small business ecosystem-building, a tiny sum compared to the $23 billion in loans
                                         that the SBA provided in FY2019. Bnilding on pilots such as the SBA ·s Growth Accelerator Fund


                                                                                                                                                    4




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                                                                                                64

                                           Competition, the federal government could increase its investments in those institutions that support
                                           local entrepreneurial ecosystems significantly. Importantly, minority entrepreneurs are usually
                                           overlooked or underserved in local entrepreneurial ecosystems, and it would require proactive
                                           interventions to overcome existing systematic barriers. 33 As federal policy seeks to expand
                                           entrepreneurship ecosystems, it must design them in ways that prioritize racial equity. Given the
                                           importance of inclusive ecosystem-building as an economic strategy, the Eiden administration and
                                           Congress should fund a new Minority Business Accelerator (MBA) challenge grant program that
                                           supports the creation of new accelerators and existing ones, replicating promising models like the
                                           Cincinnati Minority Business Accelerator. 34

                                      Conclusion
                                      Because the nation is facing a massive potential disruption to a well-known status quo, the COVID-19
                                      small business crisis has inspired a historic, necessary policy response. But structural racial exclusion that
                                      limits entrepreneurship is no less insidious than COVID-19 ' s impact on small businesses, and because it
                                      is a status quo that's been built up over decades, there has not been the same urgency to address it-even
                                      if closing these disparities could result in a fairer, more productive U.S. economy. Without addressing this
                                      issue intentionally, America' s recovery from COVID-19 will be slower, more incomplete, and more
                                      inequitable.

                                      The views expressed in these written remarks are those of the authors alone and do not necessarily
                                      represent those of the staff, officers, or trustees of the Brookings Institution.



                                      1
                                         Robert Fairlie, "The Impact of COVID-19 On Small Business Owners: Evidence of Early-Stage Losses from the
                                      April 2020 Current Population Survey" (Cambridge, MA: National Bureau of Economic Research Working Paper
                                      Series, 2020).
                                      2
                                         Brookings analysis of U.S. Small Business Pulse Survey.
                                      3
                                         Brookings analysis of Opportunity Insights data.
                                      4
                                         Fairlie, Robert W., and Alicia M. Robb. Race and entrepreneurial success: Black-, Asian-, and White-owned
                                      businesses in the United States. MIT Press, 2010.
                                      5
                                         Jonathan Rothwell, "No Recovery: An Analysis of Long-Tenn U.S. Productivity Decline", Gallup, December 6,
                                      2016
                                      6
                                         Andre Perry, Jonathan Rothwell, and David Harshbarger. "The devaluation of assets in black
                                      neighborhoods." (Washington: Brookings Institution, 2018)
                                      7
                                         2020 Small Business Credit Survey, available at https://wmv.fedsmallbusiness.org/survev/2020/report-<Jn-
                                      emplover-fim1s
                                      8
                                         ibid.
                                      9
                                         Sifan Liu and Joseph Parilla, "Businesses owned by women and minorities have grown. Will COVID-19 undo
                                      that?" (Washington, Brookings Institution, 2020).
                                      10
                                          Adhikari, Samrachana, et al. "Assessment of conununity-level disparities in coronavirus disease 2019 (COVID-
                                      19) infections and deaths in large US metropolitan areas." JAMA network open 3.7 (2020): e2016938-e2016938.
                                      11
                                          Mills, Claire Kramer, and Jessica Battisto. "Double Jeopardy: COVID-19 ' S Concentrated Health and Wealth
                                      Effects in Black Communities." Federal Reserve Bank of New York (2020).
                                      12
                                          Robert Fairlie 's analysis of CPS data, available at https ://people.ucsc.edu/~rfairlie/current/, data retrieved on
                                      February 2, 2020
                                      13
                                          Farrell, Diana, et al. 2020. Small Business Financial Outcomes during the Onset of COVID-19. JPMorgan Chase
                                      & Co. Research. June.
                                      14
                                          Anneliese Lederer et al. , "Lending Discrimination within the Paycheck Protection Program" (Washington:
                                      National Conununity Reinvestment Coalition, 2020).
                                      15
                                          Sifan Liu and Joseph Parilla, " New data shows small businesses in communities of color had w1equal access to
                                      federal COVID-19 relief' (Washington: Brookings Institution, 2020).



                                                                                                                                                                5




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                                                                                             65

                                      16
                                         Fairlie, Robert W., and Frank Fossen. Did the $660 Billion Paycheck Protection Program and $220 Billion
                                      Economic Injury Disaster Loan Program Get Disbursed to Minority Communities in the Early Stages of COVID-
                                      19?. No. w28321. National Bureau of Economic Research, 2021.
                                      17
                                         This delay is particularly acute because, according to the JPMorgan Chase Institute, in at least 90% of all
                                      majority -Black and majority-Latino or Hispanic neighborhoods, a majority of small businesses have cash buffers of
                                      less than three weeks, compared to only 35% of majority-white neighborhoods.
                                      18
                                         Preliminary survey results from the New Economy Initiative.
                                      19
                                         Tomaz Cajner et al, "The U.S. Labor Market During the Beginning of the Pandemic Recession" Working Paper
                                      No. 2020-58 (Chicago, IL: Becker Friedman Institute for Econo1nics at University of Chicago, 2020).
                                      20 Bates, Timothy, and Timothy Mason Bates. Race, self-employment, and upward mobility: A n illusive American

                                      dream. Woodrow Wilson Center Press, 1997.
                                      21
                                         " SBA Re-Opening Paycheck Protection Program to Small Lenders on Friday, January 15 and All Lenders on
                                      Tuesday, January 19" Available at: hllps://www.sba.gov/article/2021/jan/13/sba-re-opening-pavcheck-protection-
                                      pro gram-small-lenders-friday-j anuary-15-al 1-lenders-
                                      tuesdav#: ~:text~ W ASHINGTON%20%E2%80%93%20The%20U. S. %20Small%20Business.202 I %20at%209%20
                                      am%20ET.
                                      22
                                         Greg Iacurci, " Small businesses can get a second PPP but not this popular Covid-era loan." CNBC, January 15,
                                      2021.
                                      23
                                         "Recharge and Empower Local Innovation and Entrepreneurs Fund (RELIEF) for Main Street Act" Available at:
                                      https://www.booker.senate.gov/imo/media/doc/RELIEF%20for%20Main%20Street%20Act%20two%20pager FIN
                                      AL.pdf
                                      24
                                         Center for Regional Econo1nic Competitiveness and Cromwell Schmisseur, "Program Evaluation of
                                      The US Department of Treasury State Small Business Credit Initiative" (2016).
                                      25
                                         Oscar Perry Abello, " Small Banks Save Small Businesses, So Why Aren't There More Small Banks?" Next City,
                                      May 12, 2020
                                      26
                                         Davig, T. "Community bank mergers since the financial crisis: how acquired community banks compared with
                                      their peers." FDIC Quarterly II (2017): 41 -52.
                                      27
                                         Stacy Mitchell, "PPP Loan Data Continues to Show that Big Bank Consolidation has Hampered Small Business
                                      Relief' (Institute for Local Self-Reliance, 2020)
                                      28
                                         Gene Marks , "Online lenders are stepping up to fill the gap left by banks during the pandemic", the Guardian,
                                      April 16, 2020.
                                      29
                                         Bureau of Labor Statistics, data available at: hltps://www.bls.gov/web/empsit/cpsee el6.htm
                                      30 Beckhusen, Julia. Employment Transitions among the self-employed during the Great Recession. No. 329-2016-

                                      13098. 2014.
                                      31
                                         Weigensberg, Elizabeth, et al. "A Study of the Self-Employment Assistance Program: Helping Unemployed
                                      Workers Pursue Self-Employment." Final report submitted to the US Department of Labor, Chief Evaluation Office.
                                      Princeton, NJ: Mathematica Policy Research (2017).
                                      32
                                         Brad Feld and Ian Hathaway, The Startup Community Way: Evolving an Entrepreneurial Ecosystem (Hoboken,
                                      NJ: Wiley, 2020.)
                                      33
                                         "Building supportive ecosystems for Black--0wned US businesses", Mckinsey, October 29, 2020; Ben Hecht,
                                      " Why Entrepreneurs of Color Are Struggling", CityLab, April 28, 2018
                                      34
                                         Joseph Parilla and Darrin Redus, "How a new Minority Business Accelerator grnnt program can close the racial
                                      entrepreneurship gap" (Washington: Brookings Institution, 2020).




                                                                                                                                                       6




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                                                                                                         66


                                      §            FEDERAL RESERVE BANKo, MINNEAPOLIS
                                                   P11rs11i11ga11 economy rhm works/oral/ of11s




                                                   February 3, 2021

                                                   The Honorable Maxine Waters                                      The Honorable Patrick McHenry
                                                   Chairwoman                                                       Ranking Member
                                                   U.S. House Committee on Financial Services                       U.S. House Committee on Financial Services
                                                   2 129 Rayburn House Office Building                              2 129 Rayburn House Office Building
                                                   Wasltington, DC 20515                                            Washington, DC 20515

                                                   The Honorable Jim Himes                                          The Honorable French Hill
                                                   Chair, Subcommittee on Natio nal Security,                       Ranking Member, Subcommittee on National Security,
                                                   International Development, and Monetary Policy                   International Development, and Monetary Policy
                                                   U.S. House Committee on Financial Services                       U.S. House Committee on Financial Services
                                                   2129 Rayburn House Office Building                               2 129 Rayburn House Office Building
                                                   Washington, DC 20515                                             Washington, DC 205 15


                                                   Dear Chairwoman Waters, Ranking Member McHenry, Subcommittee Chair Himes, and Ranking Member Hill,

                                                   Thank you for providing tl1e Center for Indian Country Development (CICD) 1 at the Federal Reserve Bank of
                                                   Minneapolis the opportunity to share infom1ation on how a reestablished State Small Business Credit Initiative
                                                   (SSBCO program could better meet small business needs in Indian Country. CICD, a research institute dedicated to
                                                   assisting tribes to reach their full economic potential, conducts economic research on tribal economies. Since the
                                                   beginning of the COVID -19 pandemic, CICD has tracked the specific eco nomic impacts to tribal businesses and
                                                   Native American workers. CICD hopes its insights and reconunendations a re infonnative to you as the House
                                                   Financial Services Conunittee contemplates reestablishing the SSBCI and ensuring equitable access to this critica lly
                                                   important econo mic recovery tool.

                                                   Indian Country has ex11erienccd more severe im11acts of the 11andemic across almost every measure.
                                                   At various points since March 2020, tribal communities have had the highest COVID-1 9 infection rates per capita in
                                                   tl1e counuy. In August, tl1e Centers for Disease Control and Prevention (CDC) reported that compared to White non-
                                                   Hispanics, Native Americans had experienced nearly triple tl1e rate of cases: 5.3 times more hospitalizations per
                                                   capita and nearly 1.5 times more deaths per capita. The CDC reported similar results in December, further
                                                   evidencing the co ntinued and disproportionate public health impact COVID-1 9 is having in Indian Country. 2

                                                   Job losses have been more severe, hitting scn'ice sector workers the hardest.
                                                   Prior to the COVID-1 9 pandemic, Native American employment nationwide was concentrated in lower-wage jobs in
                                                   the service sector. Some tribes had more than 30 percent of their tribal members in se"1 ice sector occupations-
                                                   almost double the national average of 18 percent. 3 As state and tribal lockdowns were implemented and tribal
                                                   gaming operations closed their doors in Apri l, Native American unemployment rates spiked to 26 percent, higher
                                                   tlmn that of any minority population in the country. 4 In a September 2020 CICD survey, 60 percent of tribal-
                                                   govemment-0wned enterprises reported employment reductions of at least 20 percent. As of December 2020, Native
                                                   Ame rican unemployment rates had recovered to near pre-pandemic levels, yet the Native American labor force


                                                   1 https://www.minneapolisfed.oru/indiancountrv
                                                   2 https://www.cdc.oov/mmwr/volmnes/69/wr/mm6949a3.htm
                                                   3
                                                       https://www.minneapolisfed.org/article/2020/covid-19-and-indian-countrv-earlv-snapshot-reveals-disproportionate-economic-
                                                       exposure-and-tmcertaintv
                                                   4
                                                       https://www.minneapolisfed.oro/article/2020/native-emplovment-durino-covid- \ 9-hit-hard-in-april-but-startino-to-rebound.


                                                                             90 HENNEPIN AVENUE , MINNEAPOLIS , MINNESOTA 55401       I minneapolisfed.org




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                                                                                                           67

                                                   participation rate still hovered around 57.5 percent 5- lower than tha t of any minori ty population in the nation-
                                                   indicati ng many Native wo rkers are likely ridi ng out the pandemic from the sidelines.

                                                   Tribal enterprises experienced steep revenue losses and ca1>ital and credit strains.
                                                   State a nd tribal closures in spring 2020 reportedly shut down 100 pe rcent of tribal gaming operations natio nwide,
                                                   mid other tribal e nterpri ses, suc h as triba l energy compa nies, suffe red severe revenue losses. Even after the
                                                   reopening of many tribal operatio ns in the summer, a September C ICD survey found over 50 perce nt of tribal
                                                   enterprise respondents repo rted revenue declines of 20 percent or more to date, which in tum resulted in tribal
                                                   govenune nt revenue declines 6 and reduced de livery of essential gove rnment services to tribal co mmunities. 7 In all
                                                   the CICD surveys co nducted in 2020, tribal enterprises reported sig nificant unmet capital needs that continue to
                                                   dampen econo mic recovery in India n Country .

                                                   Tribal-member-owned small businesses have also suffered during the 1>andemic.
                                                   In an August CICD survey of mostly tribal-member-owned businesses, 8 only 20 percent of the 400 respo ndents
                                                   reported having enough cash on hand, which includes financial assista nce and loans, fo r mo re than three months of
                                                   operatio ns. Only 15 perce nt of respondents received Eco no mic Injury Disaster Loans assistance and 22 pe rcent
                                                   received a Paycheck Protection Program (PPP) loan. CICD conducted further analysis of the PPP in Nove mber 2020
                                                   and found that just 12 percent of businesses in census tracts witl1 greate r than 50 perce nt Native population received
                                                   PPP loans, much less tha n the nationa l average of 20 percent. 9

                                                   All this is to say that tribal businesses, eitl1er owned by tribal governments or by tribal members, and Native
                                                   American workers are suffering, and many have been left out of the nation's emergency relief efforts.

                                                   Considerations to support Indian Countrv participation in the reestablishment ofSSBCJ

                                                   Reestablishing tl1e SSBCI program is precise ly the type of recovery measure that is needed to support tribal sma ll
                                                   businesses. Much can be learned from ana lyzing triba l inclusion in the prio r SSBCI program. Using publicly
                                                   available SSBCJ loan data, CICD investigated the degree of inclusion of Indian Country borrowers. Only 0.3 percent
                                                   of loans were made to borrowers in or near Indian Country. Focusing on the dollar amount of SS BCI loans, CICD
                                                   fo und that 0.4 percent of total funds went to borrowers in or near Indian Country. 10 Given the lack of tribal inclusion
                                                   in the previous SSBCI program, additio na l actions should be considered to reach Indian Country borrowers:

                                                   (1) Include tribal governments as eligible government anplicants under the definition of "state"
                                                          Through treaty rig hts and Supreme Court ho ldings, tribes have a unique political statu s with tl1e U.S.
                                                          governme nt. The fe deral government engages with tribes in a government-to-government relationship, and
                                                          spec ific inclusion of tribal governments in the SSBCI reauthorization would be a clear act by the federal
                                                          governme nt to deliver on its trust responsibilities to tribes. With this addition, tribal governments would j oin the
                                                          othe r eligible gove rnment applicants-states, U.S. te nito ries, and certain municipali ties-as eligible applicants.

                                                   (2) Include a codified definition of " tribal governments"
                                                          CICD reco mmends tliat tl1e reauthorizatio n legislatio n incorporate the defi nition of "tribal govenunents"
                                                          codified in 25 U.S. Code §51 3 1, which includes a list of all fe derally recognized tribes in tl1e U.S eligible for




                                                   5 hnps://www.bls.oov/cps/.
                                                   6
                                                       Tribal entervrises allocate varying amounts of revenue to their tribal governments.
                                                   7 hllps://www.minneapolisfe<l.oro/article/2020/tribal-entities-remain-resilient-as-covid-19-batters-their-finances.
                                                   8 hnps://www.minneapolisfed.org/article/2020/indian-countrv-small-businesses-face-strong-headwinds-in-covid- \ 9-recoverv
                                                   9 https://www.minneaoolisfcd.or2/articlc/2020/pavcheck-protcction-program-lcavcs-somc-businesses-in-tribal-arcas-bchind.
                                                   10 These estimates are necessarily imperfect because SSBCI loans can only be geographically identified by ZIP Code, which does

                                                   not map perfectly to the boundaries of tribal areas. We counted a loan as occurring "in or near Indian Country" if at least 50
                                                   percent of the ZIP Code's area overlapped with a tribal area. Using a more inclusive definition-any overlap above O percent-
                                                   we calculate that 2.8 percent of loans (and 3.3 percent of total loaned funds) went to borrowers in or near Indian Country .




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                                                                                                      68
                                                        special programs and services provided by the federal government. This list is updated annually at the end of
                                                        the calendar year. There are currently 574 federally recognized tribes in the U.S.

                                                   (3) Provide a minimum allocation for tribal governments
                                                        In 2010, the SSBCI program provided for a minimum allocation of0.9 percent ofprognun funds to states. By
                                                        incorporating tribal governments into the reauthorization of the SSBCI program, the Committee could consider
                                                        providing a specified, collective, minimum allocation to tribal governments, to ensure the program reaches
                                                        tribal borrowers.

                                                   (4) Establish a multi-tribal government narticination nrogram
                                                        Given the anticipated capacity co nstraints for some individual tribes to administer their own SSBCI program,
                                                        CICD recommends an option be considered for tribal governments to participate in a multi-tribal government
                                                        participation progmm, similar to what is being contemplated in the legislation for states.

                                                   (5) Enhance nrogram data collection and renorting
                                                        In addition to the required infonnation to be reported annually by program participants, CICD recommends the
                                                        Department of the Treasmy collect and make available to the public the following infomrntion:
                                                                 Names of participating government entities;
                                                                 Race , ethnicity, and tribal affiliation for all participating borrowers; and
                                                                 More-precise geographic detail for SSBCI borrowers than was previously available to the public.

                                                   (6) Include tribal business concerns in definition of "minoritv-owned business"
                                                        Tribal enterprises, also known as tribal business concerns, play a significant role in Indian Country economies,
                                                        creating jobs and allocating revenues to tribal governments. They arc often the largest employers in tribal
                                                        communities and provide local goods, setv ices, and critical eco nomic infrastructure for tribal and surrounding
                                                        communities. They share the same credit access challenges that tribal-member-owned businesses face. CICD
                                                        recommends tribal enterprises that have 500 or fewer employees or that satisfy the program requirements for
                                                        number of employees be included in the program ' s definition of " minority -owned business." The PPP utilized
                                                        tl1e definition of "tribal business concern" codified in U.S. Code 657a(b)(2)(C) to establish eligibility for tribal
                                                        enterprises. A similar approach to the PPP would allow for a greater pool of potential borrowers in Indian
                                                        Countiy.

                                                   (7) Deliver technical assistance to narticinating tribal governments
                                                        Given the complexity and capacity needed to successfully administer an SSBCI program, CICD recommends
                                                        that technical assistance be specifically and sufficiently delivered to tribal gove rnment participants by technical
                                                        assistance entities approved by the Department of the Treasuiy.

                                                   (8) Waive nrivate leverage ratio for narticipating tribal governments
                                                        As indicated in the 2014 SSBCI revised program guidelines, for other credit support programs to be eligible for
                                                        federal funding, they must demonstrate a " reasonable expectation" to ge nerate small business lending
                                                        equivalent to at least 10 times the federal co ntribution amount. 11 Given the capital constraints of lenders-and,
                                                        in particular, Native American Community Development Financial Institutions- tliat setve tribal communities,
                                                        Cl CD reconunends the private leverage ratio requirement be waived for tribal government progmms. 12




                                                   11
                                                      https://www.trea.surv.gov/resource-center/sb-pmgrams/Documents/SSBCI%20Policv%20Guidelines.pdf.
                                                   12 https://www.minneapolisfed.or0 /research/cicd-workin°•paper-series/findinos.from-the-2017-native•cdfi-survev-industrv-

                                                   opportunities-and-limitations.




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                                                                                                   69
                                                    The disproportionate public health and eco nomic impacts of the pandemic on Indian Count!)' make the road to
                                                    economic recovery challenging for tribes. Tribal government inclusion in the SS BCI progra m will go a long way in
                                                    providing the credit a nd technical assistance to stabilize tribal economies. The CICD appreciates the opportunity to
                                                    share insights and provide recomme ndations. Should you have questions or need additional infonnation, please do
                                                    not hesitate to reach out to me at casey.lozar@mpls.rrb .org.

                                                    Lem'lmnts,




                                                    Casey Loza r
                                                    (Confederated Salish and Kootenai Tribes)
                                                    Director, Ce nter for Indian Count!)' Development
                                                    Federa l Reserve Bank of Miruieapolis




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                                                                                                   70

                                                                                 Center for Responsible Lending

                                                                                    Statement for the Record

                                            Hearing on "How Invidious Discrimination Works and Hurts: An Examination of Lending
                                            Discrimination and Its Long-term Economic Impacts on Borrowers of Color" Before the
                                          Subcommittee on Oversight and Investigations, Committee on Financial Services, U.S. House
                                                                             of Representatives

                                                                                          February 4, 2021

                                      The Center for Responsible Lending appreciates this opportunity to submit a statement for the
                                      record for today's hearing.

                                      CRL shares concerns about the profound disparities in how business owners fund their
                                      enterprises. For small businesses to thrive and grow into larger enterprises they need to be able
                                      to access capital. There is now overwhelming evidence that this is far more difficult for
                                      businesses owned by persons of color than it is for white-owned businesses. For example,
                                      research conducted by a number of Federal Reserve banks has found that in the previous five
                                      years, 46% of white-owned businesses with employees accessed credit from a bank compared
                                      to just 23% of Black-owned employer firms and 32% of Latino-owned employer firms . Lacking
                                      access to credit, 28% of Black owners and 29% of Latino owners relied on personal funds as the
                                      primary funding source for their business, compared to just 16% of white business owners.'

                                      In large part, these disparate results are attributable to overtly discriminatory practices by
                                      lenders. A recent study by the National Community Reinvestment Coalition makes this clear: it
                                      found that Black and Hispanic testers when applying for loans were required to produce more
                                      documentation to support their loan application and received less information about fees, and
                                      less friendly service when visiting a small business lender. 2 But facially neutral practices with
                                      disparate effects are also important contributors to the difficulty that Black and Latino business
                                      owners have in obtaining credit, as was most recently demonstrated by the Paycheck
                                      Protection Program which, by relying on banks as its distribution mechanism, gave a large leg
                                      up to existing bank customers, who are disproportionately white, at the expense of businesses
                                      owned by persons of color. 3 We have appended our June testimony before the House Small
                                      Business Committee which provides additional background about the small business landscape
                                      and the first two rounds of the Paycheck Protection Program (PPP) specifically.




                                      1
                                           "Small Business Credit Survey: Report on Employer Firms," 2020.
                                      https://www.fedsmallbusiness.org/medialibrary/FedSma11Business/files/2020/2020-sbcs-employer-firms-report.
                                      2
                                           "Disinvestment, Discouragement and Inequity in Small Business Lending." National Community Reinvestment Coalition,
                                      2019. https ://ncrc.org/wp-content/u ploa ds/2019/09/N CR C-Sma II-Business-Research-FIN AL. pdf.
                                      3
                                           Granja, Makridis, Yannelis, Zwick, Did the Paycheck Protection Program Hit the Target?,
                                      https://bfi. uchicago. edu/workinq-paper/did-the-paycheck-protect;on-proqram-hit-the-tarqet/




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                                                                                          71

                                      Because of these disparities, we have joined with many civil rights, consumer, and small
                                      business groups to urge Congress to include direct grant aid for small businesses in any future
                                      relief bills. Grant aid, not loans, are desperately needed for the most vulnerable small
                                      businesses, many of which were already in a financially precarious position prior to this crisis.
                                      Further, if recovery is to be inclusive direct funding and technical support for individuals to start
                                      new businesses will also be needed.

                                      At least $50 billion small business relief dollars should be allocated for the purpose of
                                      supporting small minority-, women-, and veteran-owned businesses that have been neglected
                                      or otherwise underserved by the original Paycheck Protection Program, the Economic Injury
                                      Disaster Loan program, or any other federal assistance program. It is imperative that Congress
                                      provide support to the most vulnerable small businesses in our nation that have suffered
                                      discrimination in capital markets through direct federal, state, and local policies, or through
                                      disparate impact.

                                      There are many mechanisms which could be used to provide this direct grant assistance. The
                                      IRS, FEMA, the SBA EIDL program, or even through already approved PPP lenders are options. A
                                      reauthorized State Small Business Credit Initiative could also be a great mechanism for
                                      providing this much needed relief and support. However, we request a specified allocation for
                                      grants, rather than a new loan program that is likely to continue the trends we have seen in PPP
                                      and that lenders are unlikely to take up.

                                      Grants should be equivalent to 1.5 times the business' annual revenues as reflected in its
                                      preceding annual tax filing, but not to exceed $100,000. Small businesses must meet the
                                      eligibility criteria outlined below.

                                      For existing businesses, grant funds may be used to defray the cost of payroll, rent, mortgage
                                      principal and interest payments, equipment lease or loan payments. Funds may also be used
                                      for existing operational costs as well as any equipment required to comply with new health
                                      restrictions. For new businesses, the grant aid will provide the start-up capital needed to launch
                                      their business.

                                      Eligibility for the grant program should be limited to the most vulnerable businesses and
                                      entrepreneurs, those that qualify as "socially and economically disadvantaged" individuals as
                                      defined in the Small Business Act. For existing businesses that meet the definition, they must
                                      also have been in business for at least a year, have no more than 10 employees, be located in
                                      an LMI census tract, employ personnel residing in the LMI area where it is located, and not have
                                      received funding through equity, bond, or other capital investment market during prior year.
                                      Publicly traded corporations should also be ineligible.

                                      It is a truism that small businesses are a critical engine of economic opportunity and growth.
                                      This is especially true for communities of color: businesses owned by people of color account




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                                                                                               72

                                      for more than 8.7 million jobs at a total annual payroll of $280 billion, and these businesses
                                      generate $1.3 trillion in revenue. 4

                                      Fostering economic security is more essential than ever in the current moment. We appreciate
                                      your efforts to shed light on the needs of businesses owned by people of color and ensure that
                                      relief and support reaches all businesses and communities. The only way to ensure real relief
                                      reaches the most vulnerable businesses is through targeted grant aid. We look forward to
                                      working with you to craft a program, through SSBCI or some other means, to achieve this goal.

                                      Sincerely,

                                      Center for Responsible Lending




                                      4
                                          2018 Annual Business Survey




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                                                                                          73

                                                                           APPENDIX




                                                                   Testimony of Ashley C. Harrington
                                                           Federal Advocacy Director and Senior Counsel

                                                                     Center for Responsible Lending



                                                 Before the United States House Committee on Small Business



                                           "Paycheck Protection Program: Loan Forgiveness and Other Challenges"




                                                                                June 17, 2020




                                                                                                                                    1




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                                                                                                          74

                                            I.     Introduction

                                      Good afternoon Chairwoman Velazquez, Ranking Member Chabot and Members of the United States
                                      House Committee on Small Business. Thank you for the opportunity to provide testimony today about
                                      the need to address the challenges posed by the Paycheck Protection Program (PPP). My name is Ashley
                                      Harrington, and I am Federal Advocacy Director and a senior policy counsel at the Center for
                                      Responsible Lending (CRL). CRL is a non-profit, nonpartisan research and policy organization dedicated
                                      to protecting homeownership and family wealth by working to eliminate abusive financial practices. The
                                      organization is an affiliate of Self-Help, one of the nation's largest community development financial
                                      institutions. For forty years, Self-Help has focused on creating asset-building opportunities for families of
                                      color, women, rural residents and low-income people and communities, primarily through financing
                                      safe, affordable home loans and small business loans. In total, Self-Help has provided more than $7
                                      billion in financing to 87,000 homebuyers, small businesses and non-profit organizations and serves
                                      more than 80,000 mostly low-income families through more than 40 retail credit union branches in
                                      North Carolina, California, Florida, Illinois, South Carolina, Virginia, and Wisconsin.

                                      CRL and Self-Help have seen firsthand the potential for the PPP to serve as a lifeline to small businesses
                                      as they navigate the current economic crisis. As a long-time SBA lender, Self-Help began accepting
                                      Paycheck Protection Program (PPP) applications on April 6. As of June 13, Self-Help has received SBA
                                      approval for $170 million in loans to 1,395 small businesses and non-profits across the country. These
                                      loans have been a lifeline for our borrowers, allowing them to continue employing over 18,000 people
                                      through the current economic uncertainty. Self-Help's PPP efforts have focused on assisting
                                      underserved applicants: by dollar amount, fifty-three percent of the loans are to small businesses and
                                      entities led by people of color, and sixty-seven percent are to non-profits. With a median loan amount of
                                      less than $28,000, these loans primarily serve truly small businesses: sixty-five percent of the loans are
                                      under $50,000, and eighty-three percent are under $150,000.

                                      Preserving businesses owned by people of color is paramount to an equitable recovery. Employer
                                      businesses owned by people color are a substantial source of income and employment-accounting for
                                      more than 8.9 million jobs at total annual payroll of $295 billion, and $1.4 trillion in revenue. 1 Yet many
                                      of these businesses as well as non-employer or self-employed businesses were likely excluded from the
                                      first round of funding in the PPP. Business ownership is also a proven mechanism for wealth-building,
                                      with economic benefits that extend beyond the individual business to the entire community. Ensuring
                                      that federal small business relief works for small businesses owned by people of color is essential to an
                                      inclusive economic recovery.

                                      As a result of the devastating economic impacts of an already catastrophic public health emergency,
                                      Congress rightfully moved quickly to provide some of the desperately needed financial support to
                                      families and businesses. This crisis comes even as the effects of the last recession continue to be felt in
                                      many communities, especially communities of color. The Great Recession resulted in more than 8. 7
                                      million lost jobs, 8 million homes foreclosed, and 500 community banks shuttered. 2 This does not
                                      include the non-direct financial harms of the crisis, such as the estimated 95 million households who lost


                                      1
                                          2018 Annual Business Survey
                                      1Calhoun, Michael. "lessons from the Financial Crisis: The Central Importance of a Sustainable, Affordable and Inclusive Housing Market,"
                                      Brookings (blog), September 5, 2018. https://www .brooklngs.edu/research/lessons-from-the-finandal-crisis-the-centrat-importance-of-a-
                                      sustainab!e-affordable-and-indusive-housing-market/.



                                                                                                                                                                                  2




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                                      home equity due to surrounding foreclosures; this lost wealth totaled $2 trillion with $1 trillion coming
                                      from communities of color. 3 Just as the last recession widened the racial wealth gap even further, we
                                      are already on track to see disparities drastically increase because of COVID-19.

                                      My testimony today will:
                                         •    Provide an overview of the disproportionate economic impacts of the COVID-19 health crisis.
                                         •    Discuss issues with the structure and implementation of the PPP and how they served to limit
                                              access for the smallest businesses and businesses owned by people of color.
                                         •    Highlight the challenges posed by the current requirements to access PPP forgiveness.
                                         •    Provide policy recommendations to ensure 1) the remaining PPP funds reach the smallest
                                              businesses and businesses owned by people of color; 2) the forgiveness process is streamlined
                                              and workable for the smallest businesses and their lenders; and 3) equitable small business
                                              relief, beyond the PPP, is available as we enter the recovery period.

                                           II.      The Economic Effects of the COVID-19 Public Health Crisis Have Fallen Disproportionately on
                                                    Communities of Color

                                                 A. The Disproportionate Economic Effects of the COVID-19 Public Health Crisis

                                      Unemployment rates have skyrocketed, well exceeding the rates seen during the financial crisis, but
                                      they have been highest for communities of color. In May 2020, unemployment hit 17.6% for Hispanic or
                                      Latino workers, 16.8% for Black workers, 15.0% for Asian workers and 12.4% for white workers.4 The
                                      recent spike in unemployment, however, masks the persistently high rates in these communities, many
                                      of which took years to return to even pre-financial crisis levels. The 2007 pre-financial crisis lowest
                                      unemployment rate among Black workers was 7.6% in August 2007, a rate that was only slightly lower
                                      than the peak financial crisis unemployment rates among white workers of 9.2% in October 2009 (Figure
                                      1). The severity of the current unemployment crisis can also be measured in the rate of increase. The
                                      lowest pre-financial crisis unemployment rates occurred in early- to mid-2007, with the peak crisis
                                      unemployment rates in most communities not occurring until the end of 2009, nearly two and a half
                                      years later. In contrast, in 2020, unemployment figures by race and ethnic group jumped between 149%
                                      and 255% from March 2020 to April 2020 (Figure 1).

                                      Unlike the last financial crisis and accompanying unemployment levels, this unemployment rate increase
                                      and recession are driven by federal and state policies effectuated in response to a health pandemic. As
                                      such, the federal and state response must equitably restore and make whole those who are
                                      disproportionately impacted. It is imperative that we take steps now to make sure relief and recovery
                                      efforts reach all communities.




                                      cJ Bocian, Debbie Gruenstein, Peter Smith, and Wei LL "Collateral Damage: The Spillover Costs of Foreclosures." Center for Responsible Lending,

                                      October 2012. https://www .responsiblelending.org/mortgage-lending/research-ana!ysis/col!atera!-damage.pdf.
                                      4 Bureau of Labor Statistics Current Population Survey, Table A-2 and A-3.




                                                                                                                                                                                   3




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                                                                                                                    76

                                       Figure 1. Monthly unemployment rate from 2006 to present, seasonally adjusted


                                              20.0%                                                                                                                          May 202
                                                                                                                                                                             17.6%
                                              16.0%                                                                                                                          16.8%
                                                                                                                                                                             15.0%
                                              12.0%                                                                                                                          12.4%

                                               8.0%

                                               4.0%

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                                                             -         White -         Asian         Black -         Hispanic or Latino

                                      Source: Burea u of Lab or Statistics Current Popul ation Survey, Table A-2 and A- 3.


                                               B. The Impact of the Crisis on Small Businesses

                                      The effect of the crisis on small businesses has been profound-more than half of small businesses said
                                      the crisis has had a large negative effect on their businesses and 50.3% of small businesses said they
                                      have had a decrease in operating revenues in the last week. In late April, temporary closings impacted
                                      41.5% of small businesses, and 26.5% were impacted in late May. These impacts were far worse for
                                      some hardest-hit sectors, including education, food service and accommodations, and recreation. 5

                                      The crisis has impacted industry sectors differently, with widely varying responses to two key measures
                                      of hardship measured by the U.S. Census Small Business Pulse Survey. For example, small business
                                      owners in the accommodation and food service sector were 15 times more likely to say that the crisis
                                      has had a large negative effect on their bu siness than owners of utilities. Variation is likely due to the
                                      extent that the business is subject to a temporary shutdown order or other factors that have resulted in
                                      a steep decline in revenue. Industry sectors with higher than average ownership by people of color
                                      averaged higher response rates to two key measures of hardship, however. On average, 50.7% of
                                      business owners in sectors with above-average ownership by people of color said that the crisis had a
                                      large negative impact on their bu siness compared to 34.3% of business owners in sectors with below
                                      average ownership by people of color. Likewise, 12.4% of business owners in sectors with above-
                                      average ownership by people of color said that their bu sinesses were unlikely to return to a normal level
                                      of operations relative to one year ago compared to 7.5% of business owners in sectors with below-
                                      average owne rship by people of color (Appendix A) .6
                                          C. Federal Relief for Small Businesses was Quick but Inequitable

                                       5
                                           "S mall Business Pulse Survey - May 31 to June 6," June 11, 2020. https:/fportal.census.gov/pulse/data/#data. The survey ta rget population
                                      was all nonfarm, single nonfarm, single-locati on employer bu sinesses with bet wee n 1-499 em ployees and rece ipt s of $1,000 or more in t he 50
                                      st at es, Dist rict of Co lumbia, and Pu erto Rico. Some industries were excluded, a com plet e list is provided in th e survey meth odology ava il able at
                                      https:l(portal.census.gov/pulse/data/#methodology. The Small Business Pulse Su rvey The Small Business Pulse Su rvey may be subject t o non-
                                      response bias, as busin esses t hat have closed due t o COVID-19 may not be rece iving th e invitation to parti cipate and unable t o respon d.
                                      6
                                        See "S mall Busin ess Pulse Survey Qu est ionn aire." Sma ll Busin ess Ad min istrat ion . Accessed June 14, 2020.
                                      htt ps ://www.census.gov/content/d am/Census/data/experimenta l-dat a- produ cts/sma ll-busin ess-pulse-su rvey/s mal l-busi ness-pulse-su rvey-
                                      quest ionn aire.pdf.


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                                      One of the largest economic support components of the federal response to this pandemic has been the
                                      PPP, representing a $670 billion investment in small businesses which serve as the backbone to the
                                      American economy. According to the Small Business Administration (SBA), as of June 12, 2020, the
                                      program has dispersed 4.6 million loans totaling over more than $512 billion.' However, despite this
                                      substantial investment, it is clear that many small businesses have not been able to access this vital
                                      relief.

                                      At the outset of the program and during the first round of funding from April 3 to April 16, 2020, it was
                                      clear that structural inequities were built-in to the administration of the program, the application
                                      process, and the fee structure. These structural inequities made it extremely difficult for small
                                      businesses-and particularly businesses owned by people of color--to qualify for assistance or receive it
                                      in time to save their businesses and the jobs of the employees that depend on them. The expected
                                      effects of these policies have already borne out.

                                      Using data from the April 2020 Current Population Survey, recent research found that the number of
                                      active business owners in the United States decreased by 3.3 million or 22 percent from February to
                                      April 2020. This decline was the largest on record and spanned nearly all industries. Business owners
                                      of color, women-owned businesses, and business owned by immigrants were especially hard hit. Black
                                      and Latino business owners declined by 41% and 32%, respectively. Asian business owners dropped by
                                      26%. Active white business owners, comparatively, declined by 17%. Immigrant business owners
                                      declined by 36%, and women business owners declined by 25%. 8

                                       Figure 2. Active businesses owners of color declined sharply since February

                                                    Total           Black           Latino            Asian           White                           Immigrant         Women




                                      Source: Fairlie, Robert. "The Impact of Covid-19 on Small Business Owners: Evidence of Early-Stage Losses from the April 2020
                                      Current Population Su rvey."


                                      As businesses of color struggle to get the same access to federal relief dollars as white businesses, they
                                      are busy keeping their businesses alive just as businesses all across this country are doing. As Black

                                      7
                                           "Paycheck Protection Program (PPP) Report Approva ls t hrough 06/12/20 20." Sm all Business Administration. Accessed Jun e 16, 20 20 .
                                       htt ps:/ /www.s ba.gov/sites/default/files/2020-06/PPP _Report_202006 12-508. pdf.
                                      8
                                       Fairli e, Robert. "Th e Impact of Covid-19 on Small Bu sin ess Owners: Evidence of Ea rly-St age Losses from the April 2020 Current Popul ation
                                      Survey." Stanfo rd In stitute for Eco nomic Policy Resea rch, May 23, 2020. htt ps://siep r.st anford .edu/ resea rch/ publicati ons/impa ct-covid- 19-
                                      smaII-busin ess- owners-evidence-- early-st age-- losses- april-2020 .


                                                                                                                                                                                                5




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                                      businesses owners and other business owners of color innovate, re-organize, and work tirelessly to be
                                      successful, just as they have done despite years of marginalization, they will not have as much aid in
                                      their recovery as white-led businesses who benefitted from billions of dollars of relief. We must
                                      collectively work to ensure the entrepreneurial spirit of this nation's businesses owners is fully
                                      supported and that support does not fall along the same lines of historical discrimination for
                                      communities of color.

                                           Ill.   The structure and implementation of the Paycheck Protection Program continue to
                                                  disadvantage to smaller businesses. including the self-employed. Businesses of color were
                                                  more likely than White-owned businesses to be disadvantaged by the structural limitations
                                                  built into the PPP program.

                                      Several issues were baked into the structure of the PPP from its inception and launch. Minority-owned
                                      small businesses, already hardest hit by the pandemic, were also hardest hit by these structural
                                      limitations. To fully understand the impact of the inequities, it is imperative to have a full picture of the
                                      make-up of small businesses in this country and how ownership and success is directly tied to historic
                                      exclusionary policies and ongoing racial discrimination.

                                      Businesses owned by people of color are likely to have fewer employees and less revenue than white-
                                      owned businesses. As a result, they were less likely to qualify for larger loans that would yield the higher
                                      fees that would make them a priority for lenders at the outset of the program. Businesses owned by
                                      people of color are even more likely to have no employees, putting them at an even greater
                                      disadvantage to larger businesses that could garner higher fees. Further, businesses of color have
                                      historically lacked access to SBA loans and credit generally, just as individuals and communities of color
                                      writ large. Thus, by creating a program that relied on traditional mainstream financial institutions as its
                                      intermediary, it effectively ensured that business owners of color were likely to face barriers in accessing
                                      critical PPP loans. Other exclusionary and administrative hurdles also resulted in long delays in the
                                      distribution of funding and small businesses and businesses owned by people of color had to wait to
                                      receive critical PPP loans to retain their employees and stabilize their businesses. These unnecessary
                                      delays amount to perilous pressures for the smallest of businesses and businesses of color in particular
                                      during a period of economic uncertainty coupled with very real dual public health emergencies of
                                      COVID-19 and racism.

                                                  A. The PPP fee structure heavily discourages small loans to smaller businesses and non-
                                                     employer firms. Businesses owned by people of color are likely to have fewer employees,
                                                     less revenue, and to lack a relationship with a commercial lender.

                                      The PPP fee structure heavily incentivizes loans to larger firms that can garner higher fees. PPP loans are
                                      capped at 2.5 times average monthly payroll, resulting in smaller maximum loan amounts for very small
                                      businesses, businesses employing lower-wage workers, and non-employer businesses. Lenders earn an
                                      origination fee equal to 5% of the loan balance for loans under $350,000, 3% for loans between
                                      $350,000 and $2,000,000, and 1% for loans above $2,000,000. For a loan of $25,000, a lender would
                                      make just $1,250, while the $10 million loan given to Shake Shack and later returned, would have




                                                                                                                                                      6




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                                      garnered $100,000 in fees.9 This fee structure created a powerful incentive to make larger loans to
                                      larger firms and put very small businesses, businesses in critical but lower-paid sectors, and non-
                                      employer businesses at a distinct disadvantage.

                                      Businesses headed by people of color are less likely to have employees, have fewer employees when
                                      they do, and have less revenue compared to white-owned businesses. These disparities are the result of
                                      structural inequities resulting from less wealth compared with whites who were able to accumulate
                                      wealth with the support of public policies. White-owned businesses are twice as likely to be employers
                                      and hire 50% more employees than businesses owned by people of color. 10 This made businesses of
                                      color less likely to garner the higher lender fees that would make them attractive borrowers at the
                                      outset of the program .

                                      In addition to the over 5.7 million businesses with fewer than 500 employees, there are over 26 million
                                      non-employer firms. 11 Though this was created as a payroll protection plan, two thirds (63%) of non-
                                      employers rely on their businesses as their primary source of income, and 20% of non-employers started
                                      their businesses because they lacked other options.12 Non-employer businesses are far more likely to be
                                      owned by people of color. Nearly 95% of Black-owned firms were non-employers, and 91% of Latino-
                                      owned firms were non-employers. In comparison, 78% of white firms are non-employer businesses. 13 Of
                                      all small businesses, businesses without employees were the most likely to face challenges accessing
                                      PPP funds in the initial round_l4 Along with other very small businesses with few employees, the PPP fee
                                      structure continues to ensure that these businesses may face challenges finding lenders willing to make
                                      small, but critical loans.

                                                  B.    While access to PPP funding is heavily dependent on traditional financial institutions and
                                                        prior banking relationships, business owners of color have historically lacked access to
                                                        credit through these channels and are more likely to not have these relationships.

                                      To receive a PPP loan, applicants must apply with an eligible SBA-approved lender, almost all of which
                                      are conventional banks. While additional financial institutions were allowed to become PPP lenders, the
                                      process to approve these additional lenders took several weeks. By requiring applicants to go through
                                      an SBA-approved lender, rather than directly applying to the PPP program, the program ensured that
                                      those businesses with existing conventional lending relationships were more likely to access PPP funds
                                      quickly and efficiently, especially in a program where "speed" was the first priority.

                                      There are profound disparities in how business owners fund their enterprises. Research from the
                                      Federal Reserve found that in the previous five years, 46% of white-owned businesses with employees
                                      accessed credit from a bank, and 6% accessed credit from a credit union. During that same time, just
                                      23% of Black-owned employer firms accessed credit from a bank, and 8% from a credit union and 32% of


                                      9 "S hake Shack W ill Return Its $10 M illion Loan Amid Furor Over Stimulus Program - The New York Tim es."

                                      https:J/www.nytimes .com/2020/04/20/busin ess/ shake-s hack-returning-loan-ppp- coronavirus.html.
                                      10
                                           M cManus, Mi chae l. " Minorit y Business Own ership: Data fr om th e 20 12 Survey of Business Ow ners." US Sm all Business Administration,
                                      Septe mber 14, 2016. htt ps :// cdn .advocacy .s ba. gov /w p-co ntent/u pica ds/2016/09 /07141514/M in o rity-Own ed-Bus inesses- in-the- US .pdf.
                                      11 See U.S. Ce nsus Bureau 2018 Annual Business Survey (ABS) and 2018 Nonemployer Statistics {NES )
                                      12
                                         "Sm all Busin ess Credit Survey: Report on No nemployer Firms." W ashington, DC: Board of Gove rn ors of the Federal Reserve Syst em, 2019.
                                      https:/fwww.fedsmallbusiness.org/medialibrary/fedsmallbusiness/files/2019/sbcs- nonemp1oyer-firms -report-l9.pdf.
                                      13
                                         McMa nus, 2016.
                                      14
                                         Th e ava ilability of Pandemi c Une mployment Assist ance does not so lve th e probl em of lack of access to th e PPP program, for m any sm all
                                      busin esses. W hile t he PUA g ives st at es th e option t o offer expan ded un em ploym ent assist ance t o se lf-em ployed busin ess ow ners, it should not
                                      be consid ered a substitute for the critica l lifeline prov ided to busin esses th rough the PPP prog ram, w hi ch replaces co nside rably mo re lost
                                      inco m e.


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                                      Latino-owned employer firms accessed credit from a bank and 4% from a credit union. 15 Lacking access
                                      to credit can be harmful in the normal course of business, but the se disparities also put them at a
                                      distinct disadvantage w hen accessing PPP funds through banks at a time w hen so many w ere already on
                                      precariou s financial footing. In the period April 26 to May 2, the U.S. Census reported that 30.1% of
                                      businesses had less than two weeks of ca sh on hand for business operations and 48% had less than four
                                      weeks. While the cash on hand position for many businesses has improved as of the period May 31 to
                                      June 6, w ith 16% reporting two w eeks or less, 33.9% of businesses still reported that they had four
                                      weeks or less of ca sh on hand .16

                                      Relationship banking may have also played a role in lenders' application processing decisions, and thu s
                                      pre-existing disparities in access to capital have posed further disadvantages for business owners of
                                      color. These disparities made it less likely that they would have the commercial lending relationships
                                      necessary to access the PPP program and discouraged many from applying. A recent study by the
                                      National Community Reinvestment Coalition found steep reduction s in SBA 7(A) lending to Black
                                      bu sinesses between 2008 and 2016. That same study also found that Black and Hispanic testers when
                                      applying for loans were required to produce more documentation to support their loan application and
                                      received less information about fees, and less friendly service when visiting a small business lender. 17
                                      Additional research found that business owners of color are more likely than white bu siness owners to
                                      feel discouraged from seeking loans. 18 Research from the Federal Reserve also found that business
                                      owners of color were more likely to rely on personal funds and personal credit scores to finance their
                                      bu siness. Twenty-eight percent of Bl ack and Asian owners and 29% of Latino owners relied on personal
                                      fund s as the primary funding source for their business, compared to 16% of white business owners.
                                      Bla ck and Latino bu siness owners were also more likely to use their personal credit scores when
                                      obtaining financing with 52% and 51% doing so, respectivel y, compared to 45% of white and 43 % of
                                      Asian business owners. 19 In addition, in SBA' s fiscal years ending September 30, 2019 and 2018, for all
                                      SBA 7(a) loans made, only 5% were made to Black-owned businesses, and only 9% were made to
                                      Hispanic-owned businesse s.20

                                                   C. SBA and Treasury failed to take steps to ensure businesses owned by people of color would
                                                      be able to access the PPP. In fact, several administrative decisions actively prevented many
                                                      owners of color from participating in the program.

                                      Despite a Congressional requirement in the CARES Act, the SBA and Treasury failed to issue guidance to
                                      lenders about prioritizing borrowers in underserved and rural markets. A report by the SBA Inspector
                                      General did not find any evidence that the SBA issued guidance to lenders to ensure that they prioritized




                                      15 "Sma ll Busin ess Credit Survey: Report on Employer Firms," 2020.

                                      htt ps://www .feds ma llbusin ess.o rg/mediali brary/FedSmall Busin ess/files/2020/2020-sbcs-employer-firms-report .
                                      16
                                        "Sma ll Busin ess Pulse Survey, Apri l 26 to May and May 31 to June 6. https:/fportal.census.gov/pulse/data/#data
                                      17
                                           "Dis investme nt, Discouragement and In eq uity in Sma ll Busin ess Lending." Natio nal Com munity Rei nvestm ent Coa litio n, 2019.
                                      htt ps:// nere.a rg/w p- content/ uploads/2019/09 / NCRC-Sm a11-Busin ess- Res ea rch-FINAL. pdf.
                                      18
                                         See McMa nu s, 2016. ("Resea rch also find s th at min ority busin ess owners are more like ly t o feel discouraged fro m seeking private loa ns. In a
                                      Ce nsus survey, only 16% of non minorities felt discou raged from seeking a loan, w hil e almost 30% of minorities felt th e sa m e way. Th ese, in
                                      co mbin at io n w ith ot her reaso ns, m ay be w hy min ority busin ess owners have a heavier relian ce on perso nal fin ances.") (citing Christin e Kymn,
                                      Janu ary 2014, "Access to Ca pital for Wo m en- and M in ority-owned Busi nesses: Revisiting Key Variabl es." U.S. Sm all Bus iness Administration,
                                      Office of Advocacy, ava ila bl e at https:/{'www.sba.gov/sites/defau lt{fi1es/1ssue%20Brief%203%20Access%20to%20Capital.pdf)
                                      19 "Sm all Busin ess Credit Su rvey: Report on Mino rity-Owned Firms." Fede ral Reserve, 20 19.

                                      https://www .fedsma llbus in ess .org/mediali brary/fedsm al lbusiness/fil es/20 19/2019 1211-ced-m inority-owned-firms-report .pdf.
                                      20 "SBA Busin ess Loan Ap prova l Activity Com pa riso ns for Fisca l Years 2012 to 2019, for the Period End ing 08-30-2019." Sma ll Business

                                      Administrat ion. Accessed June 16, 2020. https:J/www.s ba.gov/sites/defa ult/ f iles/abo uts baarticle/WebsiteRepo rt_asof_20190830.pdf.


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                                                                                                               81

                                      underserved markets, including rural, minority, and women-owned businesses.21 As of today, SBA has
                                      has yet to provide this guidance.

                                      The SBA and Treasury also did not collect demographic data on the initial application to determine if
                                      lenders prioritized, or even served, underserved markets and businesses. The SBA Inspector General
                                      noted that the SBA did not include the "optional standard demographic information for principals" on its
                                      PPP loan application form. As a result of this failure to collect data, the SBA Inspector General found that
                                      it was unlikely that the SBA would be able to determine whether funds reached underserved markets. 22
                                      Without the data, it will also be hard to measure the full impact of the PPP and provide the necessary
                                      oversight of this $660 billion taxpayer funded lifeline.

                                      More than just inaction, the unnecessary hurdles and delays created for non-employer firms
                                      disproportionately impacted businesses owned by people of color. For instance, non-employer
                                      businesses, which represent 95% of black-owned firms and 91% of Latino-owned firms, were forced to
                                      sit on the sidelines for days, while billions of dollars went to large and well-connected businesses. PPP
                                      rules prevented non-employer firms, such as the self-employed, from applying for loans until April 10,
                                      one week after the program opened to other businesses. 23 As of April 13, 2020, almost $250 billion of
                                      the initial $350 billion had already been allocated. 24 The first round of PPP funding was depleted entirely
                                      by April 16, 2020. This delay likely caused irreparable harm to smaller businesses with no employees,
                                      which had to wait to receive PPP funds more than 10 days for the second round to start.

                                      Non-employer firms were also forced to provide tax documentation not required for employer firms.
                                      SBA guidance for the program requires non-employer firms that file their business taxes on IRS 1040
                                      Schedule C (the most common option for non-employer firms) to submit a draft or filed copy of their
                                      2019 IRS 1040 Schedule C. Although Congress extended the tax filing deadline to July 15th as a result of
                                      the COVID-19 crisis, non-employer firms were forced to prepare their 2019 taxes in order to be eligible
                                      for a PPP loan - incurring additional costs and delays to which employer firms were not subjected.

                                      Second, though community development financial institutions (CDFls) and minority-depository
                                      institutions (MDls) have historically best-served businesses and communities of color, many CD Fis and
                                      MDls were unable to participate in the first round of PPP funding. Non-depository institutions that have
                                      not had a loan volume of $50 million within the last three years were unable to serve as lenders during
                                      the first round, despite the fact that size of the loans needed for most small businesses does not require
                                      a loan volume capacity of anywhere close to that level. Almost half of CDFls are loan funds that do not
                                      take deposits. Many of these CD Fis had loan volumes below $50 million but also demonstrated
                                      significant lending capacity. 25 Treasury did not revise this rule until April 30, 2020. 26 The revision,
                                      however, only lowered the volume threshold to $10 million. This threshold still excluded many CDFls


                                      21 "Flash Report Small Business Adm inistratio n's Implementation of the Paycheck Protection Program Requirements." Wash ington, DC: SBA

                                      Inspector General, May 8, 2020. https:/fwww.sba.gov/sites/default/files/2020-05/SBA OIG Report 20- 14 508 .pdf.
                                      22
                                           SBA Inspector Genera l, 2020.
                                      23
                                           "Sma ll Business Paycheck Protection Program." US Department of Treasury. https:lfhome.treasury.gov/system/files/136/PPP%20--
                                      %200verview.pdf
                                      24
                                           "Paycheck Protection Program (PPP) Report Approva ls through 4/13/2020." Sma ll Business Ad minist ration, April 13, 2020.
                                      https:/fwww.sba.gov/sites/default/fi1es/2020-04/PPP%20Report%20SBA%204.l4.20%20%20-%20%20Read-Only.pdf.
                                      25
                                         According to an analys is by the Hope Policy Institute of 2017 CDFI Fund Awa rdee reports (the most recent available), in 2017, there were 315
                                      Awardees, 212 of wh ich reported originating commercia l loans du ring the year. Twenty-seven of those CDFls (13%) did more than $50 million
                                      in commercia l loan origi nations that yea r. Howeve r, 146 of CDF ls who did commercia l lending (67%) did more than $1 million in commercia l
                                      loan originations.
                                      26 htt ps:// home .treasury .gov/system/files/ 13 6/1FR--Co rporate- Gro ups-and- Non- Bank- and-Non- Insured- Depos ito ry- Inst itu t ion-Lenders. pdf




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                                                                                                           82

                                      that had received CDFI Fund Awards. Further, recognizing that many financial institutions would need
                                      additional liquidity in order to serve as lenders through the PPP, on April 8, 2020, the Federal Reserve
                                      Board of Governors voted to create a lending facility for eligible PPP lenders. 27 The facility became
                                      operational on April 16. However, eligibility was limited to depository institutions. Many non-depository
                                      CDFIS also faced liquidity issues, yet the facility was not extended to all PPP lenders, including non-
                                      depository CD Fis (that met the other Treasury eligibility requirements) until April 30. 28

                                      The program also out-right excluded people based on many forms of criminal legal system involvement,
                                      including people who have been charged, but not tried or convicted of a crime. Given the myriad of
                                      barriers some system-involved individuals already face to employment, self-employment is a major
                                      source of income and opportunity, strengthening family incomes. 29 This program, however, excludes
                                      business owners with past felony convictions, penalizing those who have already served their sentences
                                      and have returned to their communities for a fresh start. Additionally, employees of these business
                                      owners also suffer from this restriction to access of the PPP program, given that system-involved
                                      individuals are not eligible. Racial disparities in all aspects of the criminal justice system are well-
                                      documented, and there is some evidence that this provision in the PPP has already negatively impacted
                                      business owners of color, their employees, and their communities. 30 While this particular barrier was
                                      partially removed earlier this week, with only $100 billion and 2 weeks left in the program, it is unlikely
                                      that the businesses that have already been irreparably harmed by this exclusion will be made whole.

                                                 D. Second-round funding remains available and some improvements have been made, but
                                                    structural issues remain that continue to limit PPP access for owners of the smallest
                                                    businesses and business owners of color. The negative impact on business' long-term
                                                    prospects may be difficult to reverse.

                                      There is growing evidence that the structural barriers at the outset of the program and carried over to
                                      the second round resulted in either no access or delayed access to critical PPP funding.

                                      At the end of the first round of funding on April 16, 2020, the average loan size was $206,000. Second
                                      round funding averaged $72,296 as of May 12, 2020 31 and the average loan size for both rounds of the
                                      program to date was $112,126 as of June 12, 2020. 32 Smaller businesses that were pushed to the end of
                                      the line by larger and more connected businesses at the outset of the program, however, were forced to
                                      go weeks without critical support to keep their employees on payroll and their businesses afloat.



                                      27
                                         https://www.federalreserve.gov/publications/files/paycheck-protection-program-lending-facility-4-16-20.pdf
                                      28
                                         https://www.federalreserve.gov/newsevents/pressreleases/monetary20200430b.htm
                                      29
                                         The program excludes businesses for which "An owner of 20 percent or more of th e equity of the applicant is incarcerated, on probation, on
                                      parole; presently subject to an indictment, criminal information, arraignment, or other means by which formal crimina l charges are brought in
                                      any jurisdiction; or has been convicted of a felony within the last five years; has been convicted of a felony with in the last five years." SBA
                                      Business Loan Program Temporary Changes; Paycheck Protection Program, Interim Final Rule, 85 FR 20811,
                                      https://www.federalregister.gov/documents/2020/04/15/2020-07672/business-loan-program-temporary-changes- paycheck- protection-
                                      program
                                      30
                                         Brooks, Khristopher. "A Criminal Past Means No Paycheck Protection Program Loan." CBS News, April 21, 2020.
                                      https://www.cbsnews.com/news/paycheck-protection-program-loans-small-business-owners-criminal-convictions-excluded-coronavirus/.
                                      31
                                         See "Paycheck Protection Program (PPP) Report Approvals through 12 PM EST 4/16/2020." Small Business Association: 4/16/2020, "Paycheck
                                      Protection Program (PPP) Report: Second Round Approvals from 4/27/2020 through 05/01/2020." Sma ll Business Administration, 2020.
                                      https://home.treasury.gov/system/files/136/PPP2- Data-05012020.pdf and "Summary of Paycheck Prot ection Program Round 2 Data as of 5:00
                                      P.m. EDT, Wednesday, May 6, 2020." Small Business Administration. https://www.sba.gov/fundin g-programs/loans/coronavirus-relief-
                                      o pt ion s/paych eek-protection- prog ra m#section-h ea d er-11.
                                      32 "Paycheck Protection Program (PPP) Report Approva ls through 05/30/2020." Small Business Ad ministration, May 30, 2020.

                                      https://www .sba.gov/sites/default/files/2020-06/PPP_Report_ 200530-508 .pdf.


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                                      The U. S. Cen sus Small Business Pul se Survey, a weekly survey of small bu sinesses with 500 or fewer
                                      employees in certain sectors, provides some insight into the early delays small businesses faced
                                      accessing PPP funds. 33 Bu sinesses with no other employees other than the owner are not included and
                                      no information on the race, ethnicity, gender or veteran statu s of the bu siness owner is available. Since
                                      late April, approximately 75% of small businesses with 500 or fewer employees responded that they had
                                      requested fund s from the PPP program . As of the first week of the survey, which follows the end of the
                                      first round and the beginning of the second round of PPP funding, only 38.1% of businesses responded
                                      that they had received funding. Two weeks later, 66.7% of bu sinesses responded that they had received
                                      funding. Not until a month after the beginning of the survey did the received rate begin to track the
                                      application rate (Figure 4).

                                       Figure 4. Business owners faced long delays at the outset of the program

                                           80%

                                                                                                                                   69.4%                         71.0%                 71.2%
                                           60%                                                        66.7%

                                           40%
                                                    38.1%
                                           20%


                                           0%
                                            4/26-5/2                    5/3-5/9                    5/10-5/16                    5/17-5/23                    5/24-5/30                     5/31-6/6

                                                                                        ■ Requested PPP loan                    Received PPP loan


                                      Source: U.S. Ce nsus Small Business Pulse Survey weekly data 4/26 to 6/6.




                                      In May 2020, Color of Change and UnidosUS released a survey conducted by Global Strategy Group,
                                      documenting the challenges that Black and Latino bu siness owners faced when attempting to access
                                      PPP loans. 34 The survey found that 51% of Black and Latino smal l business owners who sought ass istance
                                      applied for less than $20,000, with on ly 12% responding that they received the full amount of assistance
                                      requested. In all 41% of Black and Latino business owners responded that they had been denied
                                      assistance. As of the date the survey was fielded, 21% indicated that they were still waiting to hear if
                                      they wi ll receive any assistance. As discussed in the prior section, PPP app licants faced long delays at the
                                      outset of the program. Of the Black and Latino business owners who received e ither partial or full
                                      assistance, 45% responded that they had to wait more than two weeks to receive their funds. 35




                                      33 For deta ils on the survey methodology, see United States Census Bureau. "S mall Business Pulse Survey Data - Abo ut the Data." Accessed June

                                       14, 2020. https://portal.census.gov/pu lse/data/#a bout
                                      34
                                         Global Strategy Group conducted a national onlin e survey of 500 Black and Latinx sma ll bus iness owners, 609 Black workers, and 610 Latinx
                                      workers, from April 3D through May 11, 2020 on behalf of Co lor of Change and UnidosUS. The precision of onlin e surveys is measured using a
                                      credibility interval. In the case of the surveyed population of Black and Latinx small business owners the interval is +/-4.4% when ana lyzed in
                                      aggregate. Complete findings are available at https://colorofchange.org/press release/first-covid-19-survey-of-black-and-latino-small-
                                      bus in ess-ow ners- rev ea ls-dire-economic-future/ and htt ps:// co lo rofch ange .o rg/ press _rel ease/fi rst-covid-19-survey-of-black- an d-1 at in o-sma 11-
                                      busi ness-ow ners-revea ls-dire-eco nom ic-futu re/.
                                      35 Global Strategy Group




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                                      This same survey also found that 56% Black and Latino bu siness owners said that they strongly support
                                      direct federal assistance to prevent mass layoffs and keep them afloat so they can quickly and safe ly
                                      restart and rehire their workers. 36

                                      In a survey conducted by Goldman Sachs of more than 1,700 small business owners, Black-owned firms
                                      were less likely to apply for and less likely to be approved for PPP during the first round of funding.
                                      While 91% of all firms in the survey applied for funding, just 79% of Black-owned firms applied. Of those
                                      that applied, just 40% of black-owned firms were approved for funding, while 52% of total firms were
                                      approved. Black-owned firms were more likely to indicate that their finances had been hurt and that
                                      they had less than one month's cash reserves on hand. 37 Even these disparities in application and
                                      approval are likely understated. The study was based on a convenience sample of firms participating in
                                      the Goldman Sachs 10,000 Small Businesses Program, suggesting these firms may have advantages and
                                      connections not readily available to most small businesses.

                                      While funding is still available in round two, the lost opportunity for prompt relief may have
                                      compounded financial hardship for many businesses and may increase the amount of assistance
                                      required to get them back on their feet. Given that the number of business owners of color has declined
                                      sharply since the beginning of the crisis, falling on communities hardest hit by the Great Recession that
                                      have yet to fully recover.

                                      Ensuring these firms were fully supported at the outset of the crisis should have been a top priority.
                                      Among non-employers, those firms with no employees besides the owner, 71% have plans to expand,
                                      and one in four (24%) plan to hire employees in the next 12 months. 38 According to the SBA, the number
                                      of non-employer firms increased 58% between 1997 and 2015 and owners of non-employer firms are
                                      younger and more diverse than employer firms. 39 Barring them from funds at the outset of the program
                                      may have imposed additional long-term challenges to economic growth, future hiring, and
                                      entrepreneurship opportunities for some firms. These harms should be considered in assessing the
                                      extent of necessary further relief.

                                           IV.     The loan forgiveness requirements present substantial challenges to small businesses whose
                                                   survival depends on PPP loan forgiveness rather than conversion to long-term debt.

                                      PPP loans are, of course, intended to be forgivable if the proceeds are used for payroll and other eligible
                                      expenses. But for those micro-businesses that were fortunate enough to obtain a PPP loan, the process
                                      they must go through to obtain forgiveness is so complex and time-consuming, it may strain those
                                      businesses to the breaking point. And for the lenders who made these loans, the process they must go
                                      through before submitting the forgiveness application will cost far more than the origination fees they
                                      received.




                                      36
                                           Global St rategy Group
                                      37   "Survey: US Small Busin ess Ow ners Need Mo re Funding and Immediate Legislative Action ." Goldman Sachs, 2020.
                                      https://www.goldmansachs.com/citizenship/10000-small-businesses/US/infographic-sma11-business-relief/.
                                      38
                                           "Small Busi ness Credit Survey: Report on Nonemployer Fi rms." Washin gton, DC: Board of Govern ors of th e Federal Reserve Syst em, 2019 .
                                      https://www.fedsmallbusiness.org/medialibrary/fedsmallbusiness/files/2019/sbcs-nonemployer-firms-report-19.pdf.
                                      39 "A Look at Non employer Busin esses." Small Busin ess Administration, August 2018 .

                                      https:/ /www .sba .gov/s ites/defaul t/files/advocacy/ Non employer-Fact-S heet .pdf.




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                                           A. The forgiveness application is unnecessarily burdensome and complicated, especially for the
                                              smallest businesses.

                                      The loan forgiveness application process is set forth in an eleven-page packet of instructions and forms
                                      issued by the SBA "in consultation with" the Treasury Department. The forms require borrowers, among
                                      other things, to calculate the amount paid to each employee during the "Covered Period" or the
                                      "Alternative Payroll Covered Period," and, for each employee who also was employed during the first
                                      calendar quarter of 2020, the amount paid during that period. The borrower also must calculate the
                                      average number of full-time equivalent employees during the Covered Period or Alternative Payroll
                                      Covered Period and during the "chosen reference period," which can be either the period from February
                                      15 to June 30, 2019, or the period from January 1 to February 29, 2020. In the case of seasonal
                                      employees, it can be any consecutive twelve-week period between May 1, 2019, and September 15,
                                      2019. As to all of this, the borrower must certify- under penalty of what amounts to perjury and threat
                                      of civil and criminal penalties including significant fees and jail time - that the borrower has accurately
                                      verified the amounts claimed and made all applicable reductions.

                                      Further, the borrower must submit with a loan forgiveness application documentation verifying the
                                      amount paid to each employee during the Covered Period or Alternative Payroll Covered Period, and the
                                      amount paid for non-cash benefit payments, including bank statement or payroll service provider
                                      reports; tax forms or equivalent reports; and payment receipts, canceled checks, or account statements
                                      documenting contributions for health insurance and retirement plans. Borrowers seeking forgiveness for
                                      amounts spent on mortgage or rent must submit additional documentation. Documentation
                                      requirements for mortgage payments must show the amount of the payments attributable to interest
                                      separate from principal, and rental payment documentation must show the amount of rent that was
                                      due under the lease and the amount that was paid. Borrowers seeking forgiveness for amounts spent on
                                      utilities must submit invoices and receipts or canceled checks verifying those payments. When
                                      submitting the application, the borrower must certify- again under penalty of what amounts to perjury
                                      --that it has submitted all the required documentation.

                                      Additionally, the instructions list four other categories for which the borrower must maintain documents
                                      for six years, including documentation supporting the listing of each individual employee in PPP
                                      Schedule A Worksheet Table 1 and Table 2.

                                      These complex instructions were issued on May 15, 2020. Three weeks later, Congress enacted changes
                                      to the PPP, which created welcome exceptions to some of the provisions of the CARES Act governing the
                                      calculation of loan forgiveness. However, those exceptions will only add to the complexity of the
                                      application process. Borrowers may now be required to submit in addition to all the other
                                      documentation requirements documents verifying efforts to recall or replace laid-off employees or
                                      verifying the business' inability to return to its prior level of business activity for reasons related to
                                      worker or customer safety requirements related to COVID-19. While these are welcome exceptions, in
                                      all likelihood, the eleven-page application package will soon grow even bigger and more complex.

                                      Despite SBA's estimate that the complex, eleven-page form should take 3 hours to complete, recent
                                      research by AQN Strategies estimates that the time necessary to complete the forgiveness form ranges
                                      from 20 hours to 100 hours at the high end. 40 For large businesses with well-staffed human resources


                                      40 Sabloff, Ben, Jason Ford, and Gaby Garcia. "ls !t Easierto Ask for Forgiveness Than Permission? Not for PPP Loans Under $150K." AQN

                                      Strategies, June 1, 2020. https://bpi,com/wp-content/u p!oads/2020/06/CBA-BP1-letter-Forglveness-Proposal-6.2.20.pdf.


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                                      and finance functions, these requirements, while burdensome, would not be prohibitively difficult. But
                                      for the small businesses the PPP was designed to serve and especially for micro-businesses with a
                                      handful of employees - it is simply not realistic to expect the business to do all these calculations and
                                      assemble all the required papers while still attempting to operate their business in a challenging
                                      business environment. Combined, the complexity of the form and the related civil and criminal penalties
                                      for inaccuracies are tantamount to a requirement that these small firms pay significant fees to
                                      accountants or financial advisors to assist in completing their forgiveness application -funds these
                                      businesses need instead for their ongoing operations. Moreover, businesses that might otherwise have
                                      applied for PPP loans in round two have been discouraged from doing so because of the gauntlet of
                                      paperwork they would have to navigate to obtain forgiveness.

                                           B. Lenders who well serve small businesses will also be burdened by unduly application and
                                              documentation requirements for small loans.

                                      For the lenders who made these loans, the burden is equally crushing. The SBA has issued an Interim
                                      Final Rule which requires lenders to review each borrower's forgiveness application and "Confirm
                                      receipt of the documentation borrowers must submit ... as specified in the Loan Forgiveness Application
                                      Form," and, after "reviewing the documentation," "Confirm the borrower's calculations on the Loan
                                      Forgiveness Application, including the dollar amount ... claimed on Lines 1,4,6,7,8 and 9 on PPP Schedule
                                      A and ... on Lines 2, 3, and 4 on the PPP Calculation Form." The regulation allows for "minimal review of
                                      calculations based on a payroll report by a recognized third-party payroll processor." But where the
                                      borrower is not big enough to use such a processor - which will be true for the smallest of the
                                      businesses which obtained PPP loans -- "more extensive review of calculations and data would be
                                      appropriate." Based on all this, the lender must decide whether "the borrower is entitled to forgiveness
                                      of some or all of the amount applied for under the statute and applicable regulations." 41

                                      Simply to state these requirements is to make plain the problem. Perhaps for those lenders whose
                                      average PPP loan exceeded $200,000 - and who thus were paid, on average, $10,000 per loan - it is
                                      economically feasible to undertake this kind of review. However, the regulations will surely discourage
                                      even those lenders from making smaller loans going forward. But for the PPP lenders who have been
                                      making loans averaging $50,000 or less - most of whom are themselves small businesses with limited
                                      staff and who averaged only $2,500 or so per loan - processing these loan forgiveness applications will
                                      be prohibitively difficult. Without changes to the forgiveness process and requirements, many lenders
                                      will likely conclude that they cannot afford to continue in the program.

                                           C. Despite Congressional intent, some borrowers will also have their forgiveness amount
                                              reduced due to receipt of an EIDL Advance.

                                      It was the intention of this Congress when it drafted the CARES Act to expedite the delivery of EIDL loan
                                      proceeds by providing advances of up to $10,000 in the form of grants to loan applicants. The EIDL
                                      advance was meant to be received within days, but the actual execution took much longer. If the Small
                                      Business Administration ultimately approved the EIDL loan, then the lender would enter a loan
                                      agreement with the borrower and release the remaining loan amount if it exceeded $10,000. As a grant,
                                      the $10,000 advance portion was not meant to be repaid even if the SBA ultimately denied the EIDL
                                      loan. SBA reference materials have consistently said that EIDL advances did not need to be repaid, and



                                      4-1 85 Fed. Register 33010, 33013 (June 1, 2020).




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                                      many borrowers entered into these agreements with that expectation. Borrowers deserve better than a
                                      bait and switch in emergency assistance.

                                      Further, the CARES Act clearly permitted borrowers to seek both an EIDL and a PPP loan. If the EIDL loan
                                      were utilized for payroll, it was required to be refinanced into its PPP loan. Since the entire amount
                                      could then be forgiven as a PPP loan, the PPP forgiveness amount would be reduced by any EIDL
                                      advance. Should the borrower choose to use its EIDL for other purposes, it would not have to refinance
                                      its EIDL into the PPP loan. In that case especially, reducing PPP forgiveness by the amount of an EIDL
                                      advance used for other business purposes creates an unfair disadvantage for businesses that permissibly
                                      obtained emergency loans to help them survive. However, even in the case of an EIDL grant used for
                                      payroll expenses there is little justification for decreasing PPP forgiveness by the EIDL amount. If these
                                      funds were used according to the express purpose of the program, there should not be a penalty for
                                      seeking support that was available quicker and with fewer hurdles for some borrowers.

                                      To date, we have seen numerous cases of PPP loans that should be considered for full forgiveness as
                                      they were spent on eligible expenses. Instead, PPP borrowers will be saddled with repaying their EIDL
                                      advances in 2-5 years, instead of receiving the advance as the promised grant.

                                           V.      Improvements to the Paycheck Protection Program are necessary for more businesses to
                                                   access to relief and recover.

                                      To date, SBA has already spent more through the PPP program than through all of its lending over the
                                      past three decades. As one of the largest government small business programs ever and a key
                                      component of the federal government's pandemic relief program, it is imperative that the funding and
                                      benefits are distributed equitably and that communities are not left out of our relief and recovery going
                                      forward. Several key fixes are critically important for ensuring that the smallest and most vulnerable
                                      businesses, including those owned by people of color, have sufficient access to PPP funding and
                                      forgiveness. To address these issues, we recommend the following:

                                                A. Ensure remaining funding reaches businesses that were previously unable to access the PPP.

                                                   •   Congress should immediately extend the origination period and separate the PPP from
                                                       other SBA 7(a) programs. Over $100 billion remains in the second PPP allocation. Congress
                                                       should ensure that these funds are available for PPP loans to new borrowers until they are
                                                       exhausted. Currently, the PPP is set to expire at the end of this month whether or not funds
                                                       remain.

                                                   •   Institute a minimum origination fee of the lesser of $2,500 or SO% of the loan amount. A
                                                       minimum fee is required to address the higher cost of reaching and serving underserved
                                                       borrowers and to incentivize more lenders to serve smaller businesses.

                                                   •   Provide adequate support and resources for community development financial
                                                       institutions (CDFls) and minority-depository institutions (MDls) (not to include bank-
                                                       affiliated CDFls). Reserve $10 billion of the remaining PPP small business loan funding for
                                                       loans by CD Fis and MD ls of which $5 billion should be reserved for loans of up to $75,000.
                                                       Congress should also make a $1 billion emergency allocation to the CDFI Fund. Though
                                                       Treasury recently created a set-aside for CDFls, it did not include MDls and the allocation
                                                       only included $7 billion in new funding.

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                                                       The changes made between Round 1 and Round 2 of the PPP somewhat increased CDFls'
                                                       and MDls' access to deploying PPP funds. For example, since May 8, CDFI lending more
                                                       doubled, and as of June 12, MDI lending exceeds $10 billion. 42 Minority-led financial
                                                       institutions in particular are "uniquely positioned to cater to the needs of their
                                                       communities, which are often people of color." 43 These institutions "have significant social
                                                       capital within the communities they serve. Through close ties and engagement, they are
                                                       able to develop and deploy financial products that address the needs of their
                                                       communities." 44 The nation's largest MDI decided to become a PPP lender in Round 2
                                                       because of the extent to which Black businesses were locked out of access in Round 1. 45
                                                       This is promising evidence of their capacity to supporting the survival and growth of small
                                                       businesses of color. It is not, however, enough to fully address the reality of businesses of
                                                       color being locked out by program design and the exclusionary way in which banks deployed
                                                       the overwhelming majority of the PPP dollars. Now and in the future, more support will be
                                                       needed to ensure CDFls, particularly minority-led CDFls, and MDls have sufficient resources
                                                       to adequately meet the depths of the needs of small businesses of color harmed by this
                                                       crisis and unserved by the federal relief dollars that have flowed from it.

                                                 •     Require SBA and Treasury to immediately issue guidance to lenders on prioritizing
                                                       underserved markets and businesses with fewer than ten employees located in low- and
                                                       moderate-income census tracts.

                                                 •     Expand the list of eligible expenses that can be used to determine loan amount and
                                                       forgiveness. Include necessary ongoing business costs, such as business insurance,
                                                       inventory, costs associated with vehicles and equipment (loan payments, insurance,
                                                       maintenance), costs needed to adapt to the pandemic, including safety equipment,
                                                       retrofitting spaces, and payments to IRS Form 1099 independent contractors, on whom
                                                       small businesses rely.

                                                 •     Revise existing guidance that prohibits businesses from including documented IRS Form
                                                       1099 payments to independent contractors in their PPP loan amount calculations and
                                                       forgiveness requests. By requiring independent contractors to apply for their own,
                                                       necessarily smaller, PPP loans, SBA has made it less likely that independent contractors will
                                                       receive funding, and less likely that the small businesses that rel y on independent
                                                       contractors will be able to continue to operate.

                                                 •     Allocate funding for outreach and enrollment assistance: $30 million in funding for grants
                                                       to Community Development Corporations and community-based organizations for outreach,
                                                       enrollment assistance, and technical support for compliance and loan forgiveness, for
                                                       eligible businesses. Many of the eligible borrowers that have not yet accessed the PPP do
                                                       not have a "preferred" banking relationship or lawyers and accountants to assist them in

                                      42 " Paycheck Protection Program (PPP) Report Approva ls th rough 06/12/20 20." Small Busin ess Administration. Accessed June 16, 2020 .

                                      https://www .s ba.gov/s ites/defa ult/fi les/2020-06/PP P_Re port_202006 12-508. pdf.
                                      43
                                        Kiya dh Burt, Hope Policy In stitute, Clos ing t he CDFI Asset Ga p, http://hopepolicy.org/blog/dosing-the-cdfi-asset-gap/
                                      44
                                        Id.
                                      45
                                        'That was it- silence': As bailout f unds eva porat e, minority-owned businesses say th ey've been shut
                                      out, https://www.fastcompany.com/90498767/that-was-it-silence-as- bailout-funds -evaporate-minority-owned- businesses-say-thewe-been-
                                      shut-out ("Due t o the min ority underba nkin g cris is, especia lly sin ce Africa n-America n and Hispanic co mmu nities have been hardest hit by th e
                                      coro naviru s, Willi ams says th at her bank decided over th e w eekend t o participat e as a lender in th e second roun d of th e program" ).


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                                                      understanding the program. The time and resources needed to reach out to underserved
                                                      businesses and support them through the application and loan forgiveness process will be
                                                      significantly greater than for larger businesses. To expand their reach, many CDFI and MDI
                                                      lenders are engaging non-profit "agents," including community-based organizations, that
                                                      have experience working with underserved borrowers, and particularly those that provide
                                                      culturally and linguistically relevant services to business owners of color.

                                           B. Provide automatic forgiveness with safe harbor treatment for any loan under $100,000 based
                                              on a simple certification from the business owner. Although CRL believes that SBA has the
                                                 discretion to reduce the burden imposed by its loan application forgiveness requirements, we
                                                 also believe that a full solution requires Congressional action. Specifically, we urge Congress to
                                                 enact a streamlined set of forgiveness requirements for loans under 100,000 and, for such loans,
                                                 a safe harbor which permits lenders to rely on borrowers' certification without having to review
                                                 and confirm borrower calculations. To receive forgiveness on a loan, a borrower need only
                                                 submit a simple form including demographic information, a statement of the total amount spent
                                                 on payroll and the total amount spent on eligible non-payroll expenses with a cap on the latter
                                                 relative to the former, and an attestation that the information is true to the best of the
                                                 applicant's knowledge. In addition, now that the covered period for expenses is 24 weeks,
                                                 Congress, SBA and Treasury should also ensure that borrowers are able to apply for forgiveness
                                                 as soon as they have exhausted the funding.


                                                 As of May 30, 79.2% of PPP loans originated were for amounts of less than $100,000, representing
                                                 19.6% of the total dollars lent. 46 The average loan size was $114,000. The smallest PPP loans are
                                                 being provided to microbusinesses and sole proprietors that have the least capacity and resources
                                                 to engage in a complex process with their financial institution and the SBA and that should not be
                                                 saddled with debt or ongoing audit risk as a result of participating in the PPP program. Applying
                                                 automatic PPP loan forgiveness for loans of $100,000 or less would likely exempt firms with, on
                                                 average, 13 or fewer employees and save 71 million hours of small business staff time (Figure 5 ).
                                                 Based on the average monthly payroll per employee of $3,108 for smaller firms (1-9 employees)
                                                 and the PPP application formula, a firm that qualified for a $100,000 loan would likely have a
                                                 monthly payroll of $40,000 supporting, on average 13 employees. 47 Firms with 1 to 9 employees
                                                 make up 68% of total businesses with employees, and firms with 1-19 employees make up 78%
                                                 of total businesses with employees. 43




                                      46
                                        "Paycheck Protection Program (PPP) Report Approvals through 05/23/2020." Small Business Administration, May 23, 2020.
                                      https://www .sba.gov/sites/default/files/2020-05/PPP~ 200523.pdf.
                                      47 Annual Business Survey: Employment Size of Firm Statistics for Employer Firms by Sector, Sex, Ethnicity, Race, and Veteran Status fort he U.S.,

                                      States and Metro Areas: 2017. Estimated monthly payroll represents the total PPP loan amount divided by 2.5. Average payroll of $37,299
                                      annually per employee is based on the total payroll for all firms with 1-9 employees divided by the total number of employees for all firms with
                                      1-9 employees. Using the same method, the next employee category of 1 to 19 employees results in an annual average payroll per employee of
                                      $37,944 or $3,162 per month. Firms reporting payroll but no employees in the pay period that in duded March 12 of the reference year were
                                      excluded to determine the annual and monthly payroll per employee. For more information on the Annual Business Survey see
                                      https://www .census.gov/programs-surveys/abs/about.html.
                                      48 2017 Annual Business Sutvey.




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                                      Figure 5. Automatic loan forgiveness for small loans would benefit small firms and save millions of
                                      hours of labor

                                                                                                                       $100,000 or less                             $350,000 or less

                                       PPP loans as of May 30 49

                                                   Count                                                             3,544,335 (79.2%)                            4,196,555 (93.8%)

                                                   Dollars lent                                           $100,003,285,235 (19.6%)                     $217,574,329,726 (42.6%)



                                                                                                  13 (based on average payroll per                  42 (based on average payroll
                                       Number of employees based on average
                                                                                                          employee for firms with                    per employee for firms with
                                       payroll per employee 50
                                                                                                                   1-9 employees)                             20-49 employees)
                                                  Percent of total employer
                                                  firms"                                              ~Gs to 78% of employer firms                        "'86% of employer firms


                                       Hours of labor saved"                                                            71 million hours                     84 million hours



                                           C.    Expressly permit lender and SBA reliance on good faith borrower certification - For PPP loans
                                                 under $2,000,000, borrowers should submit a forgiveness application and basic documentation.
                                                 The application should include a good faith certification that all PPP funds have been used on
                                                 eligible expenses and per the statutory guidelines. It must be made clear that lenders submitting
                                                 forgiveness applications on behalf of borrowers to SBA may rely on the borrower's certification,
                                                 absent outside evidence of fraud, as sufficient to establish the borrower's eligibility for
                                                 forgiveness without lender review and re-calculation of the forgiveness amount, and the
                                                 amount of forgiveness to which the borrower is entitled shall be based on such borrower
                                                 certification. The SBA, likewise, may rely on all information submitted by the lenders for these
                                                 loans absent outside evidence of fraud. Without the ability to rely on these certifications,
                                                 borrowers will still be subject to extensive documentation requirements and costs for the lender
                                                 to review, whether or not that documentation must then be sent to the SBA.




                                      49 "Paycheck Protect ion Program (PPP) Report Approvals through 05/30/2020." Sma ll Business Administration, May 30, 2020.

                                      https://www.sba.gov/sites/default/fi1es/2020-06/PPP_Report_ 200530-508.pdf.
                                      so An nual Business Survey: Employment Size of Firm Statisti cs for Em ployer Firms by Secto r, Sex, Ethnicity, Race, and Vet eran Status for the U.S.,
                                      States and Metro Areas: 2017. Estimated monthly payroll represents the total PPP loan amount divided by 2.5. Average payroll of $37,299
                                      annually per employee is based on the total payroll for all firms with 1-9 employees divided by the total number of emp loyees for al l firms w ith
                                      1-9 employees. Using the same method, th e next employee category of 1 t o 19 employees results in an annual average payroll per employee of
                                      $37,944 or $3,162 per month and the annual average payroll for firms of 20-49 employees is $40,796 or $3,400 per month. Firms reporting
                                      payro ll but no employees in the pay period that included March 12 of the reference year we re excluded to determ in e the annual and mo nthly
                                      payroll per employee. For more information on th e An nual Busin ess Survey see https://www.ce nsus.gov/programs-surveys/abs/about .html.
                                      si Percent of total employer firms exempted under each automatic loan forgiveness threshold based on the number of employer firm s w ith 1-9,
                                      1- 19, or 1-49 employees. Based on the maximum per employee payroll eligible for PPP payroll calcu lations, it is likely that non-employerfirms
                                      that received PPP f unds would be inclu ded as well.
                                      s2 Based o n the estimat e of 20 hours saved per loan subject to automatic loan forgiveness. See Sabloff, Ben, Jason Ford, and Gaby Garcia. " Is It
                                      Eas ier t o Ask for Forgiveness Than Permission? Not for PPP Loans Under $1S0K." AQN Strat eg ies, June 1, 2020. https://bpi.com/wp-
                                      co nte nt / u pl oads/2020/06/ CBA-BPI-Letter- Fo rgiveness- Pro posa 1-6 .2 .20. pdf.


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                                            D. Require all lenders who receive support from any federal lending facility or program to offer
                                               technical assistance to small and micro businesses. To date, the federal government has
                                                 provided billions of dollars in relief and incentives to financial institutions and large corporate
                                                 entities. These companies can and should play a critical role in supporting small businesses and
                                                 the economy.

                                            E. Implement and require a robust data collection and public reporting process for all PPP loans.
                                                 SBA should collect and report demographic information on race, national origin, and gender of
                                                 principal owners of each applicant and each approved loan, and require SBA to publicly release
                                                 data on applications and approvals by race, national origin, and gender by lender. As reported
                                                 by the SBA Inspector General in its Flash Report of May 8, 2020, the SBA has not implemented
                                                 the program in a way that aligns with the provisions of the CARES Act. The report specifically
                                                 identified four areas that need strengthening: prioritizing underserved and rural markets,
                                                 providing clear guidance for forgiveness, providing guidance on loan deferments, and
                                                 establishing a registry of loans. Transparency is essential to this program, and true transparency
                                                 and impact can only be determined if data is collected and analyzed. Data tells the American
                                                 public which businesses are being served with public dollars. Businesses of color deserve their
                                                 fair share. We estimated that more than 90% of businesses of color were unlikely to access the
                                                 original $349 billion. Further, SBA loan programs, in general have a poor track record of serving
                                                 Black and Latino businesses in particular. 53

                                            F.   Ensure robust data collection on small business lending going forward. Even before the
                                                 transparency issues with this massive influx of government support, the dearth of data on small
                                                 business lending has been a major obstacle for ensuring equity for decades. The limited data
                                                 masks the lack of equitable investment of taxpayer-supported funds and access to business
                                                 capital for communities of color and those in rural markets. In fact, in addition to data collection
                                                 being one of the much-needed improvements to the PPP program, robust data collection is also
                                                 needed for existing laws enacted to incentivize community investment and job creation through
                                                 access to business capital. Without publicly available data, it is difficult to prove or disprove, or
                                                 adequately address, inequities in small business lending.

                                                 The Community Reinvestment Act (CRA), enacted in 1977 to encourage federally regulated
                                                 depository institutions to meet the credit needs of all families and communities, mandates some
                                                 small business data disclosure, but CRA data only provides the aggregate dollar volume of loans
                                                 originated to businesses with revenues less than $1 million, not individual loan amount or type
                                                 of loan, and is only required from institutions with assets over $1.2 billion (as of 2019). 54 In fact,
                                                 ten years ago, Congress took steps to address this issue through Section 1071 of The Wall Street
                                                 Reform and Consumer Protection Act, requiring much more comprehensive data collection for
                                                 small business loans. However, Section 1071 has yet to be implemented by the Consumer
                                                 Financial Protection Bureau. Congress should urge an immediate rulemaking under Section 1071
                                                 of Dodd-Frank for the overall business lending market.

                                                 A recently released Office of the Comptroller of the Currency final rule took steps to weaken the
                                                 effectiveness of the Community Reinvestment Act and its ability to encourage lending in low-

                                      53
                                        !n FY2019, SBA 7a program approvals were 6.3% Hispanic and 3.3% African American. https://fas.org/sgp/crs/misc/R41146.pdf
                                        1
                                        "Disinvestment, Discouragement and Inequity in Small Business Lending." National Community Reinvestment Coalition, 2019.
                                      'i,

                                      https:// nere. org/wp- content/uploads /2019 /09 /N CRC-SmaU-Busin ess- Research-FIN AL.pdf.



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                                               and moderate-income communities and to small business owners and did not sufficiently
                                               improve the disclosure of small business data. The final rule will not require the collection of
                                               data on race and ethnicity.

                                       VI.     Conclusion: Congress, Treasury and the SBA must ensure all small businesses owners can
                                               participate in the coming economic recovery.

                                      During this major economic and public health disruption, we must take care not to continue a legacy of
                                      discrimination and harmful outcomes laid upon communities of color, who are already suffering
                                      disproportionate health effects from COVID-19. The Great Recession drained communities of color of a
                                      trillion dollars of wealth that they have yet to recover and now these same communities are
                                      experiencing the brunt of this pandemic, including higher levels of lives lost, illnesses, and job losses.
                                      Despite this, there is already overwhelming evidence that one of the largest COVID-19 relief programs
                                      has excluded businesses of color and exacerbated the underlying racial wealth gap.

                                      To ameliorate some of this damage, at a minimum, we must ensure that those excluded are more easily
                                      able to access the remaining PPP funds; that the loan forgiveness process is not overly burdensome; and
                                      that data on recipients of PPP loans is collected and made available.

                                      In a time of economic uncertainty, as we continue to reckon with our nation's history and racial injustice
                                      permeates every facet of our society, we should be taking every step to ensure that individuals and
                                      communities of color are well served and supported going forward.

                                      While the above fixes are necessary to ensure that at least some relief reaches communities of color,
                                      much more will be needed. Bold new policies and programs are needed to create equity in small
                                      business lending and ensure that business owners have access to the credit and relief they deserve. We
                                      also must move towards solutions that are not reliant on credit and financial intermediaries, such as
                                      providing grant funding for micro businesses. These grants could be distributed monthly directly by the
                                      IRS, SBA or FEMA, in an amount sufficient to cover payroll and other expenses until the business is able
                                      to reopen and return to normal or similar operations. There must also be dedicated efforts and targeted
                                      help for underserved communities to curb the effects of this pandemic on income and wealth inequality.
                                      The current wealth and public health disparities did not occur by happenstance. We cannot allow
                                      federal policies and investments to continue the centuries old practice of excluding people of color.




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                                      Appendix A. Industry sectors with above-average small business ownership by people of color hard hit
                                      by the crisis
                                                                                                  Percent of small
                                                                                                                              Crisis has          I do not believe this business
                                                                                                         businesses
                                                                                                                            had a large        will return to its normal level of
                                           Industry Sector                                        majority-owned
                                                                                                                                negative        operations relative to one year
                                                                                                     by people of
                                                                                                                                   effect                                           ago
                                                                                                                color
                                           Accommodation and food service                                      34.4%               73.7%                                         19.2%
                                           Other services (except Public
                                                                                                               23.2%               52.6%                                         14.5%
                                           administration)
                                           Health care and social assistance                                   22.5%               55.7%                                         10.8%
                                           Retail trade                                                        22.4%               39.8%                                          9.6%
                                           Tran sportation and ware housing                                    19.4%               42.5%                                         11.6%
                                           Wholesale trade                                                     18.1%               40.5%                                          8.8%
                                           Firms with <500 employees, all sectors                              17.6%               41.3%                                         10.1%
                                           Administrative and support and waste
                                                                                                               15.3%               35.0%                                          8.3%
                                           management and remediation services
                                           Professional, scientific, and technical
                                                                                                               14.0%               28.1%                                          7.6%
                                           services
                                           Educational services                                                12.8%               58.9%                                         14.3%
                                           Information                                                         12.0%               38.0%                                          8.3%
                                           Construction                                                        10.8%               20.6%                                          6.3%
                                           Finance and insura nce                                              10.5%               18.2%                                          6.1%
                                           Real estate and rental                                              10.0%               37.0%                                          8.1%
                                           Manufacturing                                                         9.8%              37.1%                                          7.3%
                                           Arts, entertainment, and recreation                                   7.0%              71.7%                                         14.1%
                                           Mining, quarrying, and oil/gas
                                                                                                                4.3%               44.3%                                          9.9%
                                           extraction
                                           Management of companies and
                                                                                                                4.0%               17.8%                                          0.0%
                                           enterprises
                                           Utilities                                                            3.1%                 4.7%                                         0.0%
                                           Above average concentration of small business owners of
                                                                                                                                   50.8%                                         12.4%
                                           color
                                           Below average concentration of small business owners of
                                                                                                                                   34.3%                                          7.5%
                                           color
                                      Source: 2018 Annual Business Survey (ABS) and U.S. Census Small Business Pulse Survey (SBPS). Responses to SBPS questions : "Overall, how
                                      has this business been affected by th e COV ID-19 pandemic?" and "I n your opinion, how much t ime do you think will pass befo re this
                                      business returns to its norma l level of operations relative to one year ago?" NAICS industry codes from the Annual Business Survey are
                                      inclu ded where U.S. Census SBPS data is available. Percent majority ownership by people of co lor determ in ed based on all sectors ava ilable in
                                      the ABS for businesses w ith fewer than 500 employees. Majority ownership by people of color determined using the ABS minority ownership
                                      status defined as firms class ified as any race and ethnicity combinat ion other than non-Hispanic and white. Technica l documentation is
                                      availab le at https://www .census.gov/programs-su rveys/abs/techn ical-docu ment ation/methodo logyO.htm I.




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                                      Appendix B. Business owners describe their experience with the Paycheck Protection Program

                                      1.   Rahama Wright, a business owner in Washington, DC, was preparing to shut Shea Yeleen, her
                                           beauty supply business down, when she failed to get a PPP loan in the first round. She furloughed
                                           her entire staff of five, before finally receiving a loan in the second round. "1100% feel like I got
                                           lucky," Wright said, who estimates the funding will give her a three to four month runout and allow
                                           her to bring back three of her staff members. Her storefront will remain closed as she boosts her
                                           online presence. 55

                                      2.   Calvin Stevens, President of Bernard Irby Electric in Charlotte, North Carolina says the PPP loan
                                           received by Irby, a Black veteran-owned business, will allow him to maintain the entire staff of 30
                                           employees. 56

                                      3.   Bernard Loyd, a native of Chicago, Illinois's Bronzeville neighborhood, attributes the success of his
                                           community economic development organization Urban Juncture in receiving a PPP loan to his
                                           financial se rvices background, and points out that many Black-owned enterprises in Chicago haven't
                                           been as lucky: he estimates that of the community businesses he's worked with, 90% were unable
                                           to access the first round of PPP loans. 57

                                      4.   Pasto rs and clergy across America have also been finding mixed success through the PPP process:
                                           "We applied when the program first became public, but we did not receive any funding," sa id Rev.
                                           James Perkins, the pastor of Greater Christ Baptist Church, in Detroit, Michigan. Perkin s was forced
                                           to lay off most of his nine church employees, and he has asked the remaining staff to take salary
                                           cuts. When the process has been successful, it has been extremely helpful : "It's a huge boon for us,"
                                           said Father Carl Beekman, parish priest at the Church of St. Mary, which serves about 1,300 families
                                           in Sycamore, lllinois. 58

                                      5.   Claudia Garza owns Bright and Early Productions in Dallas, Texas with her husband. The company, a
                                           photography and videography company, serves the real estate industry. To keep safe from COVID-
                                           19 they are currently only photographing unoccupied homes. The business has suffered as a result
                                           and had to reduce their employees' hours. Claudia Garza described struggling to get their bank,
                                           Wells Fargo, on the phone, and then when she did, she was not satisfied. "It feels like I'm a small
                                           fish ... maybe they have people who have larger accounts or maybe contacts within the bank. They
                                           got the help a lot faster than I did. I don't have contacts at Wells Fargo," she said. 59




                                      55 Presha, Alex. ABC News. "DC small business owner struggling to get PPP funds during coronavirus crisis", access ibl e at

                                      https:/Jabcnews.go.com/Business/dc-small-business-owner-struggling-ppp-funds-oronavirus/stoty?id=70842196 .
                                      56 Triangle Business Journal. "Opinion: How PPP helped minority-owned firms across the nation", accessible at

                                      https://www.bizjournals.com/triangle/news/2020/06/05/how-ppp-helped-minority-owned-businesses.html .
                                      57
                                        Black, Curtis. The Chicago Reporter. "Minority-owned businesses largely miss out on federal relief', accessible at
                                      https:lfwww.chicagoreporter.com/minority-owned-businesses- targely-miss-out-on-federal-relief/
                                      ',8 Gjelten, Tom. National Public Radio. "Black Pastors Say They Have Trouble Accessing SBA Loan Program", accessible at

                                      htt ps: //www .n pr.o rg/2020/04 /25 /84480295 7/black- pastors-say-they- have-trouble- access ing-sba- loan- program
                                      59 Flahive, Paul. Texas Public Radio . "Latino Businesses Not Receiving 'Fair Share' Of Federal Relief, Say Advocates", accessible at

                                      htt ps://www .kera news .o rg/post/lati no-businesses-not-receivi ng-fair-sh are-fede ra I-relief-say-advocates


                                                                                                                                                                              22




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                                                                                                             95

                                      6.      Rosemary Ugboajah, owner of Neka Creative in Minneapolis, Minnesota applied through her credit
                                              union, but was unsuccessful: "They were hard to reach, but eventually I got through to someone and
                                              they emailed me back saying they can't process the loan because they don't process SBA loans, " she
                                              said. "I wasn't aware ofthat." 60

                                      7.      Dannesia Pullen, owner of PullenBoy Hauling in Rolesville, North Carolina, has experienced a difficult
                                              time during the COVID-19 crisis: "We have seen a 15-20 percent decline in cash flow," she says. She
                                              has applied for a PPP loan and for an Economic Injury Disaster Loan and has been denied for both .
                                              She added, "When I see businesses like the NBA, Ruth Chris, and Potbelly receiving funding, I no
                                              longer have faith in the government." 61

                                      8.      Portia Kimble, sole proprietor of a hair salon in Hoover, Alabama, was encouraged to apply for a PPP
                                              loan by several peers. "I had a little savings, but didn't know how long that would last," she said.
                                              HOPE Federal Credit Union was able to offer her a $5,200 PPP loan, which will allow her to weather
                                              the financial storm, and hopefully expand her business in the future. "This business, being an
                                              entrepreneur, it is a faith business," Kimble says. "God is my source. You don't know how things are
                                              gonna go. I'm glad we're still standing." 62

                                      9.      Brighter Beginnings, is a non-profit with locations in Oakland, Richmond and Antioch, California.
                                              Brighter Beginnings has been responding to the needs of families in resource-poor neighborhoods
                                              since 1984 by providing tele-medicine services, intensive services to special needs children, and food
                                              for families struggling to make ends meet. Unable to obtain a PPP loan from its bank of many years,
                                              Brighter Beginnings was forced to furlough its eight-person staff and discontinue its critical
                                              community services. After receiving a PPP loan from Self-Help, it was able to bring back all eight staff
                                              members and is now supporting over 450 existing and new clients in its communities. 63

                                      10. ASI Services is a female person-of-color led non-profit organization that has served the Chicago area
                                          for 45 years. Through its 300-person staff, ASI provides quality supportive home-care services to
                                          post-acute patients, senior citizens and persons with disabilities; its services are available to persons
                                          of all backgrounds, but approximately 95% of its clients are people of color. Even though ASI had an
                                          existing banking relationship, it was unable to obtain a PPP loan from its bank and turned to Self-
                                          Help. ASI noted that the PPP loan ha s provided it a "runway to last through the summer," allowing
                                          ASI to continue providing vital services and continue paying all 300 of its employees. 64

                                      11. Kiddie World Child Development Center is a child-care provider in rural eastern North Carolina. With
                                              an eight-person staff, this female person-of-color led nonprofit serves essential workers by
                                              providing child-care for workers of the local chicken factory, hospital and nursing homes. Obtaining
                                              a PPP loan from Self Help has allowed Kiddie World to keep its staff employed and continue
                                              providing high-quality, safe child-care. 65


                                      60
                                           Kurtzleben, Danielle. National Public Radio. "Minority-Owned Sma ll Businesses Were Su pposed to Get Priority. They May Not Have",
                                      accessible at https:l{WoNw.npr.org/2020/05/12/853934104/minority- owned-small- businesses-were-supposed-to- get-priority-they-may- not-
                                      have
                                      61
                                           Allam, Chantal. WRAL Tech Wire. "Black- led businesses getting shut out of PPP loan program, owners and experts say", accessible at
                                      https:lfwww.wraltechwire.com/2020/05/22/black- led- businesses-getting-shut-out- of- ppp-loan-program-owners- and-experts-say/
                                      62 Johnson, Roys. The Birmingham News. "Am id corona-crash, small businesses found savior in smaller banks, fund", accessible at

                                      https:/ /www.al.com/opin ion/2020/05/joh nson- in-corona-crash-sma ll-businesses-found-savior-in-sma ll er-banks.html
                                      63
                                         Story on file with Self Help Federal Credit Union
                                      64
                                         Story on file with Self Help Federal Credit Union
                                      65 Story on file with Self Help Federal Credit Union



                                                                                                                                                                                 23




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                                                                                                          96

                                      12. Shaw Legal Services is a female person-of-color owned law firm with a staff of six. After finding that
                                          she was unable to obtain a PPP loan from her business and personal lender of over 20 years, this
                                          Chicago-area small business owner learned about Self-Help. Her PPP loan has enabled her to keep
                                          all six employees on payroll, and to provide low-cost or pro bona legal services to help small
                                          business clients that were unable to obtain PPP funding in Round 1 negotiate out of leases and
                                          contracts they are no longer able to honor. 66




                                      66   Story on file with Self Help Federal Credit Union


                                                                                                                                                    24




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                                                                                              97


                                       Opinion: Small business
                                       owners face inequality during
                                                                   ■



                                       coronav1rus
                                      Shawn Wooden and Jim Himes
                                      April 18, 2020Updated: April 18, 2020 10 a.m.

                                      With growing income inequality and wealth disparities it is critical, now more
                                      than ever, for the government to get resources to the communities that need
                                      them most. As state treasurer and a member of Congress, we are sounding the
                                      alarm on the Payroll Protection Program (PPP) and the federal government's
                                      small business response to the COVID-19 pandemic. This has provided essential
                                      relief to many, but has altered the landscape for the worse of what our small
                                      business landscape looks like for the next generation.

                                      Despite longstanding challenges, the face of American business ownership has
                                      changed. Where we once saw a lack of diversity, new small business start-ups
                                      from women, minority, and native-owned entrepreneurs outpace all other
                                      demographics in the last few years. What we're hearing is borne out by the facts.
                                      American Express's 2019 State of Women Owned Business reports that women
                                      owned business startups have increased at twice the rate of all new businesses.
                                      And half of those women owned businesses are also minority owned. Here in
                                      Connecticut, we've spent years building these small business ecosystems because
                                      they employ those in our communities and provide important services.

                                      PPP is essential to the survival of small businesses and to ensuring our local
                                      economies can recover quickly from this crisis, but only if funds go to the people
                                      who truly need them and not just to the well -connected. We fear that many
                                      minority and women owned businesses will end up shut out of the Small
                                      Business Administration's PPP. We are hearing time and time again of
                                      underserved communities lacking access to these lending programs - partially
                                      because they didn't have access before this crisis.

                                      The original intent of the PPP was to quickly put funds in the hands of small
                                      business owners to keep employees on the payroll, but, just last week, Ruth's
                                      Chris Steak House and its 5,000 employees announced that they had received




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                                                                                          98

                                      $20M from the program. How is it possible that Ruth's Chris can receive these
                                      funds but a mom-and-pop restaurant on Main Street would be left to struggle?

                                      Our small businesses in this country and in Connecticut face a disparity in how
                                      they are banked and treated daily. Many minority and women owned small
                                      businesses have never worked closely with an SBA bank lender and don't have
                                      traditional access to capital. Without proper protections, first-time borrowers
                                      are at the back of the line and shut out of PPP funds.

                                      Now with the initial allocation of PPP funds exhausted, negotiations are
                                      underway to assist these under-resourced and unbanked communities in the
                                      next round. Connecticut leaders on the state and federal level must stand up now
                                      and demand fairness and smart economic policy.

                                      In Congress, we must have a more focused program to get capital into the hands
                                      of community banks, non-bank lenders, and smaller institutions focused on
                                      lending to underserved communities. House Speaker Nancy Pelosi and Senate
                                      Minority Leader Chuck Schumer are right to call for leveling the playing field for
                                      women and minority owned businesses.

                                      Here in Connecticut we must ensure our state programs provide equal access to
                                      underserved communities. We must ensure that our banks bring access to capital
                                      to Main Street. We're going to work directly with consumer banks to encourage
                                      the opening of more branches in underserved communities so we can begin to
                                      build vital relationships on the front lines.

                                      The Paycheck Protection Program is leaving too many businesses behind in its
                                      current form. Putting more money into the program without essential reforms is
                                      not the most effective use of taxpayer dollars. Small business owners in this state
                                      and country face an inequality that has been exacerbated by this pandemic.
                                      Together, we need to do everything we can to make sure we don't lose these
                                      businesses, the backbone of our communities. We have a unique second chance
                                      here to make things right Let's not squander the opportunity.




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                                      O pportunity Fund
                                      February 11 , 2021

                                      The Honorable Maxine Waters                                            The Honorable Patrick McHenry
                                      Chairwoman                                                             Ranking Member
                                      U.S. House Committee on Financial Services                             U.S. House Committee on Financial Services
                                      2129 Rayburn House Office Building                                     4340 O'Neill House Office Building
                                      Washington , D.C . 20515                                               Washington , DC 20024

                                      Re: Reauthorizing the State Small Business Credit Initiative (SSBCI)

                                      Dear Chairwoman Waters and Ranking Member McHenry,

                                      On behalf of Opportunity Fund , a US Treasury-certified Community Development Financial Institution (CDFI) and
                                      leader in small business lending , I am writing to express our strong support for the $10 billion reauthorization of
                                      the State Small Business Credit Initiative (SSBCI) in the upcoming COVID-19 relief package . Opportunity Fund 's
                                      mission is to provide affordable capital to underserved entrepreneurs, like women , minority, or low-to-moderate
                                      income (LMI) business owners , who are often left behind by traditional lenders. SSBCI is critical for us to meet the
                                      capital needs of entrepreneurs as our nation strives to recover in the months and years ahead.

                                      While the Payment Protection Program (PPP) has been a critical resource for small businesses during this crisis,
                                      it is not a long-term solution. SSBCI was originally crafted by Congress in response to the 2008 Great Recession
                                      and supported state programs designed to help provide credit and investments in small businesses. From 2011
                                      onward , Opportunity Fund participated as a SSBCl-supported lender and was the most prolific user of the SSBCI
                                      Capital Access Program nationally-accounting for over 4,700 loans in California with an average loan size of
                                      $12 ,000. 1 We have since expanded our lending to 46 states through innovative FinTech partnerships and can
                                      significantly scale our lending and impact if SSBCI is reauthorized.

                                      SSBCI leverages significant private sector dollars , gives states flexibility to meet local and regional needs, and is
                                      a scalable solution for helping our nation's small businesses recover and grow. Furthermore, it is a tried and true
                                      system of ensuring resources reach the smallest and most underserved businesses-those that have been hit
                                      hardest by the pandemic and often received little to no PPP funding. According to an analysis from the US
                                      Treasury Department, 80% of SSBCI funds supported firms with 10 or fewer employees , and by 2015, 42% of
                                      SSBCl-supported businesses were located in LMI communities. '

                                      SSBCI makes it possible for mission-based lenders, organizations who have long served historically
                                      disenfranchised communities, to say "yes" to more small businesses and get them the capital they need to
                                      survive , re-build , and prosper.

                                      I urge Congress to move swiftly in reauthorizing SSBCI in its latest stimulus package. Thank you for the
                                      opportunity to share our expertise and input.

                                      Sincerely,




                                      Luz Urrutia
                                      Chief Executive Officer, Opportunity Fund

                                      1
                                           US Department of the Treasury. "Program Evaluation of The US Department of Treasury State Small Business Credit Initiative." October
                                      2016,
                                      https://www.treasury .gov/resource-center/sb-programs/Documents/SSBCl%20Program%20Evaluation %202016%20-%20Full%20Report .pdf
                                      2
                                          Ibid.




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                                                                                      100




                                                 Office of the Advocate for
                                                 Small Business
                                              CaP,·tal Formation




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                                                                                        102


                                            Message from the Advocate
                                                                    2020 is the year that none of us could have predicted. The challenges of
                                                                    the COVID-19 pandemic have been-in a word-disastrous for small
                                                                    businesses. Since March, our team has been fully engaged in supporting
                                                                    small businesses and their investors as they navigate new waters: closed
                                                                    doors, loss of foot traffic, sudden drops in revenue, changing consumer
                                                                    behavior, and of course challenges in raising capital.

                                                                     Many have commented on the incredible companies that rose from the
                                                                     ashes of the last recession, some of whom have become household names
                                      and created significant wealth for their investors. I am optimistic about the entrepreneurs who envision
                                      new companies borne out of this pandemic, as well as the success stories of some companies and sectors
                                      who are thriving. However, I am also keenly aware of the present day needs of the myriad of small
                                      businesses working to navigate a wi nding path out of this COVID-19 maze. Access to investor capita l
                                      will no doubt be a critical element in success for many who weather the current challenges.

                                      In addition, 2020 has cast a brighter spotlight on the racial inequities that permeate our society, and as
                                      a result, our markets. Focusing on the unique challenges faced by underrepresented founders and their
                                      investors is hardwired into our Office's mission. While we by no means view access to investor capital
                                      as a panacea cure to a systemic challenge, it is clear that minorities and women are not on level playing
                                      field with obtaining funding, a topic meriting further examination and action.

                                      Much like last year's inaugural annual report,1 this year's report highlights how we have approached
                                      our mission over the past fiscal year, complemented by an even more robust State of Capital Formation
                                      section that paints the picture of how capita l is being raised and by whom, and begins an exploration of
                                      the impacts of the COVID-1 9 pandemic.

                                      Our team commends the Commission for its recent actions to support capital formation, and we look
                                      forward to continuing to collaborate on practical solutions that support those who need us most: our
                                      small businesses and their invaluable investors.




                                                                                             MARTHA LEGG MILLER
                                                                                             Director
                                                                                             Office of rhe Advocate for Sma ll Business
                                                                                             Capita l Formation




                                                                                                  ANNUAL REPORT FISCAL YEAR 2020           I   I




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                                                                                       103


                                           Breaking Down Our Long Title


                                             An independent office housed
                                             within the U.S. Securities
                                             and Exchange Commission,                                           One called to use your
                                             created by Congress via                                            voice for others, derived
                                             special legislation                                                from Medieval Latin




                                                         -•---                              -----•-
                                                  Office of the Advocate for
                                                Small Business Capital Formation
                                                                                           ---• --------
                                                                                                         1

                                            From start-ups to small cap,                               The deployment of
                                           "small " is relative for the SEC's                          productive capital by
                                           newest Office, which supports                               informed investors to
                                           emerging, privately-held                                    create economic growth
                                           companies up to small public
                                           companies




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                                                                                      104


                                                                          Contents
                                      ABOUT THE OFFICE .


                                      HIGHLIGHTS FROM FISCAL YEAR 2020 .                                                                    4


                                      STATE OF SMALL BUSINESS CAPITAL FORMATION                                                            11
                                      COVID-19 and Capital Formation .                                                                     17
                                      Small and Emerging Businesses                                                                        28
                                      Mature and Later-Stage Businesses .                                                                  35
                                      Small Public Companies ..                                                                            40
                                      Founder Demographics and Capital Formation .                                                         46
                                      Natural Disasters and Capital Formation .                                                            60
                                      Rural Communities and Capital Formation.                                                             62

                                      POLICY RECOMMENDATIONS .                                                                             65
                                      Education to Ease Challenges of Offering Complexity and Friction                                     66
                                      Regulatory Clarity to Bridge Networks between Founders and Investors .                               68
                                      Diversifying Access to Capital                                                                       69
                                      Attractiveness of Public Markets .                                                                   70

                                      SMALL BUSINESS CAPITAL FORMATION ADVISORY COMMITTEE
                                      FY2020 SUMMARY                                                                                       73


                                      ENDNOTES                                                                                             87




                                                                                               ANN UA L RE P ORT: FISC A L YEAR 2020   I    Ill




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                                                                                      105




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                                                                                                       106

                                                                 About the Office
                                              ongress created the Office to
                                              provide a dedicated champion
                                      (       to smaller companies accessing
                                              cri tical capi tal to build, grow, and
                                      thri ve. The Office operates pursuant
                                      to sections 4(j) and 40 of the Securi ties
                                      Exchange Act of 1934 (15 U.S.C. §§
                                      78d a nd 78qq), as added by the SEC
                                      Small Business Advocate Act of 2016
                                      (P.L. 114-284) and amen ded by the
                                      Small Business Access to Capital after a
                                      Natural Disaster Act (title IX of division
                                      S of Public Law 115-141) (collec tively,         The Office hosted an event at Morehouse College in At lanta, GA in October 2019
                                                                                       highlighting success stories of entrepreneurs of color.
                                      the Small Business Ad vocate Act).2


                                      Th e Office officia ll y commenced operations in January 2019. As an independent office reporting
                                      directly to the Commission, the Office is statutorily charged with the follow ing functions:


                                           Assisting sma ll businesses an d their investors in resolvin g signi fica nt problems they may
                                           have with the SEC o r with self-regulatory organizations (S RO);
                                           Identify ing areas in which sma ll businesses and their in vestors wo uld benefit fr om changes
                                           in SEC regula tions or SRO rules;
                                           Identify ing problems that small businesses have with securing access to capital;
                                           Analyzing the potenti al impact on small businesses and their investors o f proposed SEC
                                           regulations a nd SRO rules;
                                           Con ducting o utreac h to small busin esses and th eir investors to solicit views on capital
                                           forma ti on issues;
                                           Proposing app ropriate regul atory and legislative changes to the SEC and Congress to
                                           mitiga te problems identified with small busin ess capital formation and to promote the
                                           interests of small businesses a nd their investors; and
                                           Consulting with the Investor Advocate on such regulatory and legislative changes and
                                           ocher sma ll business issues.


                                      The Office also proactively works to identify any unique cha ll enges faced by minority-owned,
                                      women-owned, rural, an d natural disaster area small businesses and their investors.




                                                                                                      ANNUAL REPORT: FISCAL YEAR 2020                  I   1




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                                                                                                  107

                                                  Our Advocacy Team


                                                                       MARTHA LEGG                                         SEBASTIAN GOMEZ
                                                                       MILLER                                              ABERO
                                                                       Director                                            Deputy Director




                                                                       DEAN A.
                                                                                                                           COLIN A. CALEB
                                                                       BRAZIER, JR.
                                                                                                                           Attorney
                                                                       Special Counsel




                                                                                                                           JULIE ZELMAN
                                                                       JENNY J. CHOI
                                                                                                                           DAVIS
                                                                       Attorney
                                                                                                                           Senior Special Counsel




                                                                       JESSICA W.
                                                                                                                           JENNY RIEGEL
                                                                       MCKINNEY
                                                                                                                           Policy Manager
                                                                       Special Counsel




                                                                       MALIKA SULLIVAN                                     TODD VANLAERE
                                                                       Executive Assistant                                 Law Clerk




                                                  Scope of Small Businesses
                                                  The Office supports a spectrum of small businesses and their investors, from emerging, privately-held
                                                  businesses to publicly traded companies with less than $250 million in public market capitalization. 3
                                                  Based upon commonalities in sources of capita l and issues faced, r.hc Office has segmented its rarget
                                                  market into three categories of businesses and their corresponding investors: small and emergi ng
                                                  businesses, mature and later-stage businesses, and small public companies.




                                                  2   I   SEC OFF ICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATIO N




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                                                                                                    108

                                                  Our Mission
                                                  The Office's mission is to advocate for small businesses and their investors co foster better access
                                                  to capital markets, strengthening the voice of small business within the SEC and the broader
                                                  regulatory landscape.


                                                                                        Work with sma ll businesses
                                                                                         to understand their capital
                                                                                          formation issues through
                                                                                             educat ion and outreach




                                                             Analyze the potential impact of                           Help small businesses
                                                             proposed rules and regulations                      resolve issues with the SEC
                                                               likely to s1gnif1cantly affect                   and SROs by recommending
                                                                     small businesses                                     pohcy changes




                                                  Core Tenets
                                                  The Office adheres to the following core tenets in approaching its delivery of services and sol uti ons
                                                  to small businesses and their investors:


                                                     Small businesses are job creators, generators of economic opportunity, and fundamental to the
                                                     growth of the country.
                                                     One size does not fit all for small bus inesses.
                                                     Good work has been done by the SEC, but we are not done and shou ld continue to evolve as the
                                                     market demands.
                                                     Small business policy should fac il itate trust and confidence in capital markets to encourage
                                                     efficient al location of investment dollars.
                                                     We serve as a coll aborator with, and contribu tor to, other SEC divisions and offices and SR.Os,
                                                     not as an auditor.


                                                  Values
                                                  The Office is guided by four core values:

                                                     ACCESSIBILITY -      We engage with both small businesses and their investors, as well as with
                                                     the SEC, SR Os, Congress, and other agencies on a regular basis through a variety of channels.
                                                     TRANSPARENCY - We are visible and open in our approach to supporr.ing small businesses
                                                     a nd their investors.
                                                     PRAGMATISM - We approach problems with a solur.i on-orienced mindset by making
                                                     practical recommendations.
                                                     EFFICIENCY - We operate li ke a lean start- up, maximizing resources and focusing activities
                                                     where the Office can have a measurable impact.


                                                                                                              ANNUA L REPORT: FISCA L YEAR 2020          I   3




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                                                                                                                     109

                                                        Highlights from Fiscal Year 2020
                                                        In addition ro hundreds of meetings, phone calls, emails, and cups of coffee shared with individuals
                                                        across rhe small business ecosysrem, we have sought our opportunities ro engage with diverse groups
                                                        of small business thoughr leaders-our Office's customers-through events and speaking engage-
                                                        ments, char can reach broad networks of potential beneficiaries of our Office's products, programs,
                                                        and services. Some of the events in which we have engaged this year include:




                                                                                                                                                           •
                                           •                                                           •                                                       Kenan Institute
                                                                                                                                                               Frontiers of

                                               National Veterans
                                               Small Business
                                                                                                           Joined Institute
                                                                                                           of Management
                                                                                                                                   •   Office hosts
                                                                                                                                                               Entrepreneurship
                                                                                                                                                               Conference.Panel
                                                                                                           Accountants Small           itsfifst Cap.tal        disrussionw1th
                                               Coalition. Keynote
                                                                                                           Business Committee          Call styled after       academics and
                                               address on trends          Keynote address at
                                               and opportunities for      National Venture                 Meeting to discuss          earnings release        thought· leaderson
                                               Veteran entrepreneurs      Capital Assoc iation's           top accounting issues       calls to explore        JOBS Act and small
                                               and solicitation           Strategic Operations             faced by advisors t o
                                               of feedback                & Po licy Summ it                small businesses




                                                    Officejoins        HBCU Outreach                   California Bay Area
                                                    lnside the         Event at Morehouse              Listening Tour.
                                                    lcehouse for       College. Panel                  Attended AfroTech,
                                                    firstpodcast       discussion on best              met with founders.
                                                    recording .        practices for minority          investors.and
                                                                       businesses to attract           other key players
                                                                       1nvestmentcap1tal               in early-stage and

                                                •                                                      growth capita l
                                                                                                       infrastructure.




                                                                                                   •

                                                                    Ql FY2020                                                                      Q2 FY2020




                                                        4   I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                                                        110

                                                                                          •
                                                                                               Keynote speech
                                                                                               at Angel Capital
                                                                                               Associat ion Summit
                                                                                               Discussion w ith angel
                                                                                               investors from across
                                                                                               t he country.




                                                                         •                                     •
                                                                                                                   Virtual Policy
                                                                             Virtual Coffee                        Discussion: Policy
                                           Virtual Coffee Break:             Break with National                   and Business
                                           Online Investment                 Small Business                        with Middle Market          Virtual Panel D iscussion
                                           Capital Raising                   Association                           Private Companies           on Small Businesses
                                           Discussion fo r small
                                           businesses and
                                                                             Discussion w ith
                                                                             busi nesses from
                                                                                                                   & Late-Stage
                                                                                                                   Investors.
                                                                                                                                               in the Public Markets
                                                                                                                                               D1scuss1on on the
                                                                                                                                                                            •   WOCStars and
                                           investors considering             a wide range of                       Discussion on how           experience of small              Superwomen
                                                                             industries on what                    to lead in crisis and       public companies                 podcast
                                                                             they are seei ng in                   position a company          t raded over t he                interv iews wit h
                                                                             the market                            for growth.                 counter.                         the Office air.




                                                                                 Virtual Coffee                         Virtual Coffee Break         Virtual Coffee             Virtual Coffee
                                                                                 Break with                             with New Amer ica            Break with the             Break with StartOJt
                                                                                 National Diversity                     Alliance. Discussion         National Association       Discussion o f issues
                                               available to access               Coalition and U.S.                     w ith entrepreneu rs         o f Securities             encountered by
                                               1nvest m ent c ap1tal.            Small Business                         dedicated to                 Professionals.             LGBTQ+ ent repreneurs
                                                                                 Adm inistration.                       advancing                    Discussion and             and data on impacts
                                                                                 Discussion on                                                       solicitation of            of exclusion
                                                                                 how COV ID-19                          developm ent of the          feedback on
                                                                                 is impacting                           American Latino              inclusion in the
                                                                                 raising capital                        com munity.                  financial services
                                                                                                                                                     industry.



                                                                             •                                     •                            •
                                                                                                    Entire SEC Small
                                                                                                    Business Forum
                                                                    Q3   Y2020                      conducted virtually.                                Q4 FY2020


                                                                                              •


                                                                                                                                      A N NUAL REPOR T : FISCAL YE A R 2020         I   S




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                                                                                                        111




                                                        Outreach and Engagement
                                                        Through public events, we hear perspectives from across the United Stares on topics ranging
                                                        from rulemakings, ro changing trends in capital raising, to unique challenges and opportunities o f
                                                        demographic groups and different geographic regions. Our outreach and engagement inform the
                                                        Commission's policymaking process by engaging directly with small business t-cosysrem partici pants
                                                        who arc navigating o ur regulatory req uirements ro provide timely, practical feedback.


                                                        Our events featured speakers with diverse backgrounds
                                                        from coast to coast:




                                                   ••••     ••• •
                                                                    .         .
                                                                                      ■
                                                                                                                                                                      . ...
                                                   I
                                                        ...T
                                                                    -             ·

                                                               EVENT SPEAKERS/MODERATORS
                                                                                            •

                                                                                                Iii   FORUM SPEAKERS
                                                                                                                       . .

                                                                                                                            JL_ SMALL BUSINESS ADVISORY
                                                                                                                                                              -
                                                                                                                                COMMITTEE MEMBERS AND
                                                                                                                                THEIR SPEAKERS




                                                        With a shift to virtual events in 2020 in response to COVID-19,
                                                        we were able to broaden our engagement to reach participants
                                                        in the capital raising ecosystem


                                                        in every state.

                                                        6      I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                                 112

                                                  Engaging with Video Content
                                                  The Office con tinued producing short executive summary videos that highlight recent changes to the
                                                  capital formation rules impact.ing small businesses and their investors. These videos have made what
                                                  are otherwise often complex rules more accessible to small businesses and their investors, who in a
                                                  few minutes can evaluate r.he porenrjal impact of rules and wher.her they would like to engage more
                                                  deeply in the comment process. Some of the Office's FY2020 videos include:




                                                        Accredited Investor Amendments                        COVID-19 Crowdfunding Relief




                                                         AREYOUA smaller PUBLIC COMPANY?




                                                         Accelerated Filer Amendments
                                                                                                                Capital Formation Proposal
                                                         (Sarbanes-Oxley Rule 404(b))




                                                        Modernizing the Rule Governing
                                                        Quotations for Over-the-Counter
                                                            Securities (Rule 15c2-ll)
                                                                                                                  8                 Accredited Investor
                                                                                                                                     Proposing Release




                                                                                                               Accredited Investor Proposal




                                                                                                            ANNUAL REPOR T : F ISCAL YEAR 2020            I   7




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                                                                                                   113

                                                  Small Business Forum
                                                                               The Office hosted the SEC's 39th annua l Government-Business Forum on
                                                                               Small Business Capital Formation completely virtually on Jun e 18, 2020.
                                                                               The Forum is a unique event where members of the private and public
                                                                               sectors gather to craft suggesr.io ns for securities policy impacr.ing emerging
                                                                               businesses and their investors, from startups to smaller public companies.
                                                                               The Office assumed responsibility fo r th e Forum beginning in 2019 under
                                                                               the Small Business Advocate Act. The 2020 virtual Forum resulted in
                                                                               an inclusive event that engaged entrepreneurs, investors, market partici-
                                                                               panrs and other thought leaders from across the country. Video archives
                                                                               of the keynote addresses and spo tlight discussions are available in the
                                                  Office's Forum video gallery. On September 14, 2020, the Forum report was released and delivered to
                                                  Congress summarizing the proceedings a nd recommendations of the participants.4


                                                  Virtual Engagements
                                                  ln FY2020, our Office sought to supplement our in-person outreach events with broadly accessible
                                                  virtual events that would allow o ur Office to engage with businesses, investors, and oth er market
                                                  participants across the country. From our Office's first podcast interview to our first Capital Call,
                                                  we expa nded avenues for more voices to be heard.

                                                  Following the onset of COVID-1 9, the Office pivoted outreach strategies in March to engage
                                                  with the market through an entirely virtua l outreach strategy. The Office launched a series of
                                                  " virtual coffee breaks" 5 aimed at gathering thought leaders to discuss timely topics impacting
                                                  segments of the capital formation ecosystem and spark engaging and accessible conversations on
                                                  capital raising challenges.


                                                                                                                              Small public
                                                                                                                              companies

                                                                                      Mature and later-stage
                                                                                           businesses


                                                          Small and emerging
                                                              businesses




                                                                        Complexity of fundmg sources and offering types




                                                  8   I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUS I NESS CAPITAL FORMATION




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                                                                                      114




                                                                                             Styled after public companies earnings release
                                                                                             calls, this virtual meeting covered what 1s
                                                                                             happening with capital raising from startup to
                                                                                             small cap and gave the pubhc a chance to ask
                                                                                             questions live




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                                                                                      115




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                                                                                                   116

                                                                 State of Small Business
                                                                   Capital Formation
                                                          he data provided in this Report is deri ved from a combin ation of public fi lings with the SEC, as



                                                    T     analyzed by the SEC's Division of Economic and Risk Analysis (DERA), and is supplemented with
                                                          figures and findings from third parties. In doing so, we hope to provide a snapshot view of the
                                                          state of U.S. small busi ness capi tal formation, amalgamating many important pieces of the capital
                                                    formatio n story into o ne resource to a id in evaluating the current fl ow of in vestmen t capital between
                                                    small businesses and investors. The data sup plements a necdotal evidence an d helps qua ntify the successes
                                                    and cha llenges in small business capital formatio n nationwide. Unless otherwise indicated, the data
                                                    period utilized for DERA data is Jul y 1, 2019 t0 June 30, 2020 and covers U.S. businesses onl y.

                                                    New this year, we have highlighted some of th e in itial reported im pacts of COVID- 19 that have been felt
                                                    across the country. In addition, we have expanded the data a nd anal yses on demographic trends. Using
                                                    data, we ca n better identify what tools, strategies, and approaches wou ld be most i.mpactful in crafting
                                                    policy solutions.


                                                    What regulatory pathways are companies using to raise capital? 6




                                                                •
                                                                                                                                             Initial Public
                                                                                 Rule 506(c)
                                                                                                                                               Offerings
                                                                                    $69B                                                         $60B
                                                                               ($900,000 median)
                                                                                                                                            ($1SOM median)


                                                                                                                 Regulation A
                                                                                                          • -       $1.3B
                                                                            Rule 504                             ($2.lM median)
                                                                   • -       $171M
                                                                         ($100,000 median)

                                                                                                   Crowdfunding
                                                                                               -      $88M
                                                                                               ($100,000 median)




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                                                                                                       117

                                                  What are the primary types of offerings and what companies
                                                  are using them?

                                                   OFFERING TYPE                IN A NUTSHELL                                   TYPICAL CO PROFILE
                                                   Equity Crowdfunding          Raising up to $1.07 million from many
                                                   Regulation Crowdfundinif     investors online. In 2021, the $1.07 million
                                                                                limit will be raised to $5 million. 9
                                                   Limited Offerings            Raising up to $5 million from investors,
                                                   Rule 504 of Reg 0 10         often with whom the company has a
                                                                                relatio nship. In 2021, the $5 million limit
                                                                                will be raised to $10 million.n
                                                   Intrastate O fferings        Raising capital locally according to state
                                                   Section 3(a)(11) and         law exemptions, which generally cap
                                                   Rules 147 and 147A 12        the offering at between $1 million to $5
                                                                                million, depending on the state.
                                                   Private Placements           Raising unlimited capital from wealthier
                                                   Rule 506(b) of Reg Dor       investors with whom the company has
                                                   Section 4(a)(2)1 3           a relationship. As of December 2020,
                                                                                the rule will be expanded to include
                                                                                investors that hold certain professional
                                                                                certifications.14
                                                   Accredited Investor          Raising unlimited capital from wealthier
                                                   Crowdfunding Rule506(c)      investors, often online, using general
                                                   of Reg 0 15                  solicitation



                                                   Mini Public Offering         Raising up to $50 million from many
                                                   Regulation A 16              investors o nline. In 2021, the $50 million
                                                                                limit will be raised to $75 million.17




                                                   Registered Offerings         Raising large amounts of capital
                                                   (including Initial Public    through initial public offerings (IPOs)
                                                   Offerings) Securities Act    or secondary offerings through a
                                                   of 1933'18                   registration statement filed with the SEC.




                                                            SMALL, EMERGING      ~ MATURE AND LATER-STAGE
                                                                               ...                                                   SMALL PUBLIC
                                                            BUSINESSES         T      GROWTH COMPANIES                               COMPANIES




                                                  12    I    SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                               118

                                                    How are different industries using the offering pathways to raise
                                                    capital (excluding pooled funds)?19




                                                    TECHNOLOGY
                                                                   - - -T$3:B
                                                                   - - -                           $56M




                                                                                         200                   400                  600
                                                                                                                                   Billions



                                                           •   REG IST ERED O FFERINGS         •   REGULAT IO N D     •   REGU LATIO N A




                                                                                                          ANNUAL REPORT : FISCAL YEAR 2020     I   13




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                                                                                                 119

                                                                                        ·t 1?20
                                                                    .       ising cap1 a .                        1raised under various
                                                   Where are companies   ra           f
                                                                     he concemration O est1·mated  total
                                                                                             location       the u.s' Wit h the number of
                                                                                                       Ill capita
                                                   The followmg maps i llustrate t
                                                                           b issuers that report a pnmary
                                                   d fferent offenng types y d on each scare
                                                   offerings con ducted indicate
                                                    i




                                                                                                                      Regulati o n D
                                                                                                                                                                   MA     RI
                                                                                                                                                                   1311   38
                                                                                                                                                                          I




                                                                                                                                     -ft=J~
                                                                                                                                                              CT
                                                                                                                                                              414
                                                                                                                                                          4
                                                                                                                                                             oE
                                                                                                                                                         DC 178
                                                                                                                                         r'              155
                                                                                                                                                   MO
                                                                                                                                                   343




                                                                                HI
                                             GU
                                              0                                 "                                                                             VI
                                                                                                                                                              2




                                                        $0 - $100 MILLION   •   $100 MILLION - $1 BILLION   •   $1 - $10 BILLION     •   $10 - $170 BILLION




                                                            •   $0   •   $10,000 - $ 500000
                                                                                        "     .$500,00 0 - $2 MILLION       •      $2 - $15 MILLI ON
                                                                                                                                                         -




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                                                                                                    120

                                                                                                                       Regulation A
                                                                                                                                                           ME
                                                                                      MT        NO                                              VT          0
                                                                                      0          0
                                                                                                                                                      NH                  MA
                                                                                                                                                      O                       O   RI
                                                                                                                                                           ...---------J          0
                                                                                                                                                                   CT
                                                                                                                                                                NJ 0
                                                                                                                                                                2
                                                                                                                                                                          DE
                                                                                                                                                                DC        o
                                                                                                                                                      MD        7
                                                                                                                                                       2




                                                             AK
                                                              0                   HI
                                             GU                                   1
                                                                                                                           PR                                        VI
                                              0
                                                                                                                            0                                        0




                                                                  $0   •   $10,000 - $500,000   •     $500,000 - $2 MILLI ON    •   $2 - $15 MILLION



                                                                                                                         Registered
                                                                                                                         Offerings
                                                                                                                    ~                                       ___J
                                                                                                                                                                          :       RI
                                                                                                                                                                                  19

                                                                                                                                                 ,-=er
                                                                                                                                                  /             NJ 39
                                                                                                                                                                66
                                                                                                                                                                   DE
                                                                                                                                                                DC 13
                                                                                                                                                      MD        74
                                                                                                                                                      30




                                                                                  HI
                                                                                  0
                                                                                                                                                                     VI
                                                                                                                                                                     0




                                                  •     $0 - $300 MILLION    •   $300 MILLION - $5 BILLION     •   $5 - $20 BILLION   •   $20 - $150 BILLION




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                                                                                      121




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                                                                                                   122

                                                  COVID-19 and Small Businesses
                                                        he COVID-1 9 pandemic led to an unprecedented health and economic crisis in rh e United States



                                                  T     starting in March 2020. ln response to the spreading virus, many households, businesses, and
                                                        governm ents cook measures to protect public health, including lockdowns and stay-at-home
                                                        orders. Social distancing and other measures effectively closed many small businesses, leading
                                                  to a sudden d rop in economic activity a nd historic levels of joblessness.21 While this section highlights
                                                  some of the initial reported impacts of COVID-19 that have broadly been felt across the country, the
                                                  long-term impacts of the pandemic remain largely w1known. The di sruption to small business has been
                                                  extreme:22 and the economic and financial shocks felt since M arch will likely create lasting fragi li ties
                                                  wi thin th e small business ecosystem.23 Subsequent subsectio ns include additiona l data on the im pact of
                                                  COVID-19 at different stages o f r.he ca pital raising life cycle and among demographic groups.

                                                  While small businesses have endured r.imes of economic disr.resses in the pasr.-and many nor.eworr.hy
                                                  companies were born during downturns-the devastating impact of the virus and its uncertain duration
                                                  a re unlike any economic shock to date. 24




                                                          7ITT
                                                          ••••
                                                  The impact has been felt most            Small businesses are         Reduction in spendi ng has been
                                                  acutely by founders and investors        particularly vulnerable      particularly harsh at businesses
                                                  in historically underrepresented         to social distancing         t hat require in-person interaction,
                                                  groups, in emerging ecosystems,          measures. 26                 such as retail, entertainment,
                                                  and among smaller fund                                                t ransportation, personal services,
                                                  managers. 25                                                          food services and hospitality.27




                                                  "
                                                  Small businesses make up nearly half of U.S. private-sector employment and
                                                  play key rol es in local communities. The pandemic poses acute risks to the
                                                  survival of many small businesses. Th eir widespread failure would adversely
                                                  alter the economic landscape of local communities and potentiall y slow the
                                                  economic recovery and future labor productivity growth.
                                                                                                                  BOARD OF GOVERNORS OF
                                                                                                                  T HE FEDERAL RESERVE SYSTEM 28




                                                                                                              ANNUAL REPORT : F ISCAL YEAR 2020          I   17




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                                                                                                      123

                                                  How has the number of open small businesses changed across
                                                  the US? 29
                                                  From January 2020 r.hrough September 2020, the number of small businesses decreased by 27%.
                                                  The below map illustrates the percentage change across the country.30




                                                                                                                                                  VT
                                                                                                                                                                MA
                                                                                                                                                                .35        RI

                                                                                                                                                   ,-=-CT_____,
                                                                                                                                                        _________1



                                                                                                                                                            NJ -34.6
                                                                                                                                                                          -36.9



                                                                                                                                                            -28.5
                                                                                                                                                                     DE
                                                                                                                                                   - - DC -30.1
                                                                                                                                                    MD    -4 2.3
                                                                                                                                                    -26.6




                                             GU
                                                                                                                                                               VI




                                                            •    Between -30% and -4 3%      •   Between - 25% and -30%       •     Between -20% and -25%

                                                                                          Between -13% and -20%           No data




                                                  During the same time period, how did the percentages of open
                                                  small businesses change across different industries? 31




                                                                           Education and                                     Retail and
                                                                           Health Service                                  Transportat ion
                                                                                                     Lei sure and
                                                                                                     Hospitality




                                                  18    I       SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                                         124

                                                         Of the businesses still open, how have their revenues changed
                                                         during COVID-19 when compared to January 2020? 32

                                                                  January      March         April       May      June         July       August     September
                                                          10%


                                                  .        0%
                                                          -10%


                                                 !"      -20%


                                                  .
                                                  C
                                                         -30%
                                                         -40%

                                                 J
                                                 u
                                                         -50%
                                                         -60%
                                                 'cl',
                                                          -70%
                                                         -80 %

                                                                    -       Retai l and Transportation    -      Education and Health Services

                                                                    -       Leisure and Ho spitality      - - A ll Small Businesses



                                                         Access to capital remains a major concern for small business

                                                                                Many small businesses entered the pandemic with enough cash
                                                                                on hand to cover two weeks or less without revenue. 33




                                                                                                         45%
                                                                              of small businesses needed to reduce their headcount. 34




                                                             of small businesses planned to use                    of small businesses are concerned
                                                          personal savings to reopen their busi ness,          about financial hardship due to prolonged
                                                          and 39% did not know where they would                 closures and 58% worry about having to
                                                                 access capital to reopen:55                              permanently close. 36




                                                                                                                ANN U A L REPOR T : FISC A L YE A R 20 2 0   I   19




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                                                                                                    125



                                                                                                              "
                                                                                                              Much of the contrast in the
                                                                                                              fortunes of sma ll and large
                                                                                                              businesses has been driven
                                                  In response to the COVID-19 pa ndemic, Congress
                                                  passed t he CARES Act providing $376 billion in             by differences in the financial
                                                  relief for small businesses across the country. 37          resources ava ila ble to them.
                                                  However, since the start of the pandemic, other
                                                  bank loans have become increasingly harder for                            JUSTIN LAHART,
                                                  small businesses to obtai n as a result of tight-                         WALL STREET JOURNAL 39
                                                  ening lending standards. 38


                                                  How are small businesses responding to the pandemic and
                                                  social distancing meaures?
                                                  Many responded by ada pting to meet consumer needs. Notably, such adaptations are not available
                                                  in certain industries, and in some insta nces small business owners were only able to provide ongoing
                                                  employment opportunities for certain types of positions.40




                                                       made significant shifts in products and/or
                                                                                                          65% are doing more business online.       42


                                                        services as a result of the pandemic. 41         25% of small businesses increased their use
                                                                                                          of e-commerce or digital payment options. 43



                                                                                                                                           •
                                                                     71%of
                                                                     small businesses found support
                                                                     in t heir local communities. 44




                                                                                                                                         ---
                                                  20    I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUS I NESS CAPITAL FORMATION




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                                                                                                   126



                                                     "
                                                     Leadership teams have embraced technolog y and data, reinventing core
                                                     processes and adopting new collaboration tools. Technology and people
                                                     interacting in new ways is at the heart of the new operating model for
                                                     business-and of creating an effective postpandemic organization.
                                                                                                                    MCKINSEY & COMPANY 45




                                                                           82% of small businesses made workspace changes
                                                                              as a result of the pandemic, costing on average:




                                                     $11,729
                                                  initial set up costs

                                                                                                             0                         $1,800
                                                                                                                                 ongoing monthly costs45




                                                 The new environment has accelerated adopti on of certain innovations in many industri es:47

                                                    Fintech

                                                            EdTech

                                                                      Telemed1c1ne

                                                                            Cloud Computing and Collaborat1on Software



                                                  ln the midst of the pandemic, Americans a re starting new businesses at the fastest rate in more
                                                  than a decade: 48




                                                          some are spoting opportunities                           while others are turning to
                                                                  for new ideas,                               entrepreneurship out of necessity.




                                                                                                            ANNUAL REPORT : FISCAL YEAR 2020         I   21




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                                                                                                   127

                                                  How is capital raising being affected by COVID-19?
                                                  Given the Lmpacts of COVID-19 on business operations, the natural question many are asking is how
                                                  investment capital raising is being impacted? Dara on capita l raised from investors is often a lagging
                                                  indicator of activity. Many of the funding transactions chat occurred in the second and third quarters
                                                  of 2020 were negor.iared or planned prior to the start of the pandemic or delayed from one quarter to
                                                  another as a result of the pandemic. The sections that follow highlight comparative data on a quarter-
                                                  by-quarter basis from DERA that shows recent historic levels of funding by offering type, as well as
                                                  how that funding is changing. Many experts predict that the impacts on investment cap ital raising
                                                  will have wider ripple effects, not capable of being accurately measured by solely looking at the data
                                                  through September of 2020.



                                                  What is happening in crowdfunding?

                                                                 Si nce 2016, over                      over                         raising
                                                                                                                                  an average of
                                                                    2,600                            3,000
                                                            companies have conducted           crowdfunding offerings,         $342,000."

                                                  How has the number of new crowdfunding offerings changed? 50

                                                  140
                                                  120
                                                  100
                                                   80
                                                   60
                                                   40
                                                   20
                                                   0




                                                                                 -e- Monthly number of new Form C filings


                                                   During July and August of
                                                  2020, companies raised the                                                 as the first full year
                                                     same amount of capital                                                  (2016-2017) of online
                                                         using crowdfunding                                                  fundraising. 51
                                                                ($48 million)




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                                                                                                             129

                                                  How have Regulation D offerings changed?53

                                                        $450                                                                                                     5,000

                                                        $400                                                                                                     4,500

                                                   i2 $350                                                                                                       4,000

                                                                                                                                                                 3,500
                                                   ffi $300
                                                   i
                                                   C

                                                            $250
                                                                                                                                                                 3,000

                                                                                                                                                                 2,500
                                                                                                                                                                            g>
                                                                                                                                                                            ~
                                                   & $200                                                                                                        2,000      i
                                                   11 $150                                                                                                                  z
                                                                                                                                                                 1,500
                                                   ~ $100
                                                   <{                                                                                                            1,000
                                                             $50                                                                                                 500
                                                              $0                                                                                                 0
                                                                            Ql           Q2           Q3         Q4             Ql         Q2          Q3
                                                                                              2019                                      2020

                                                                   -             Amounts Raised by Pooled Funds        -       Amounts Raised by Other Issuers
                                                                                 New Offerings by Pooled Funds                 New Offerings by Other Issuers




                                                  Excluding pooled funds, what are the top industries raising capital
                                                  through Regulation D? 54


                                                   Real Estate



                                                   Technology



                                                   Health Care



                                                            Banking



                                                            Energy


                                                                       $0              $5            $10         $15            $20          $25         $30             $35

                                                                                                                                                                 Billions
                                                                                     ■ January to September 2019           ■ January to September 2020




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                                                  How have Regulation A offerings changed? 55

                                                        $1,600                                                                                                       80

                                                        $1,400                                                                                                       70

                                                  I     $1.200                                                                                                       60

                                                  ~ $ 1,000                                                                                                          so
                                                  C,

                                                  '§i    $ 800                                                                                                       40
                                                  a     $600                                                                                                         30
                                                   C
                                                   0
                                                   ~ $400                                                                                                            20

                                                  "      $200                                                                                                        10

                                                           $0                                                                                                        0
                                                                        Ql            Q2            Q3            Q4            Ql          Q2          Q3

                                                                                        2019                                                     2020

                                                                    -           Amoun t Sought in Qualified Offerings       -        New Offerings




                                                  What types of businesses are using Regulation A? 56

                                                                               Real Estate

                                                                               Technology

                                                                             Manufacturing

                                                         Banking and Financial Services

                                                                               Health Care

                                                                                   Energy

                                                   Business and Professional Services

                                                   Retail, Restaurants and Hospitality

                                                                                             $0     $100   $200     $300     $400    $500    $600    $700    $800

                                                                                                                                                         Millio ns
                                                                              ■ January to September 2019         ■ January to September 2020




                                                                                                                       A N NUA L REPORT : FISCAL YEAR 2020       I   25




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                                                                                                      131

                                                  What is happening in the initial public offering (IPO) market?
                                                  Innovative adaptations related to the offering process have facil itated IPOs despite challenges resulting
                                                  from COVID-19. One of the bigges t changes has been marked by the shift from in-person marketing
                                                  meetings to virtual roadshow evencs.57 While tradi tionally issuers and their underwriters traveled across
                                                  the country and sometimes across continents to pitch the lPO, in the face of the pandemic, companies
                                                  and investors have quickly adopted virtual roadshows. 58 Some of the other changes include:


                                                                   Shorter Roadshows
                                                                   The average roadshow shortened from 8 days to 4 days. 59



                                                                   Decreased Exposure to Market Risk
                                                                   The reduction in launch time from roadshow t o IPO decreased com panies'
                                                                   exposu re to market risk and volat ility. 00


                                                                   Cost Savings
                                                                   Hundreds of t housands of dollars are saved from travel, printing, and employee
                                                                   time on roadshows. 61



                                                                   Longer Test-the-Waters Meetings
                                                                   Test-the-wat ers meetings have lengthened.62




                                                                   Greater Visibility in Pricing
                                                                   Prospective invest ors are indicating interest earlier.63



                                                                   Increased Accessibility
                                                                   With video conferencing, companies are expanding geographical reach 64 and
                                                                   gaining access to a wider pool of invest ors.65


                                                                   More Sophisticated and Detailed Disclosures
                                                                   Companies are working to keep investors abreast of new developments as t hey
                                                                   happen amid the pandemic.66



                                                       W ill these changes become the new standard? Som e
                                                       believe that t he IPO process has adapted in ways that
                                                       will change capital markets for years to come.67



                                                                                   Others have cautioned t hat startups and lesser-known companies
                                                                                  may struggle t o pique investors' interest w ithout the opportunity to
                                                                                      meet investors in person or through an abbreviated schedule.68



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                                                What is happening with IPO activity? 69
                                                                                                                                                    90
                                                  $25
                                                                                                                                                    80

                                                  $20                                                                                               70

                                                                                                                                                    60
                                                   $15


                                                  $10


                                                   $5
                                                                                                                                                    10

                                                   W                                                                                                0
                                                         ~~~~~~~~~$~~##~~##~##
                                                                         -          Total IPO Proceeds ($B)          No.oflPOs



                                                Comparing to the first three quarters of 2019, 2020 has seen a spike in IPOs: 70




                                                What are the top industries raising capital in an IPO?
                                                Businesses that successfully completed an IPO Ln 2020 tend to operate in fast-growing industries,
                                                quickly pivoted to a virtual environment, and serve a wide array of clients:71


                                                                             SPAC


                                                                   Technology


                                                             Business Services


                                                                Manufacturing


                                               Banking and Financial Services


                                                                   Health Care


                                                Hospitality, Retail, Restaurants

                                                                                    $0              $10            $20            $30         $40

                                                                                             ■ January to September 2019                          Billions
                                                                                             ■   January to September 2020



                                                                                                               ANNUAL REPORT : FISCAL YEAR 2020     I    27




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                                                                                                      133

                                                  Small and Emerging Businesses
                                                            his segment of companies includes high-growth startups that raise ca piral ro get off r.he ground



                                                  T         and through early prototypes, as well as small businesses that provide local jobs but do not fit the
                                                            high-growth model that is the target of venture capita l (VC) investments. 72



                                                  Why is access to capital for small and emerging businesses
                                                  so important?
                                                  Small businesses less than one year old have an outsized impact on job creation:73




                                                       20% of all new Jobs



                                                       "
                                                       Between 90 and 95 percent of entrepreneurs that hire require some
                                                       amount of financing to start their businesses.

                                                                                                              VICTOR HWANG, SAMEEKSHA DESAI,
                                                                                                              AND ROSS BAIRD 74




                                                       The vast majority of aspiri ng entrepreneurs report multiple barriers in accessing capital for their
                                                              businesses, including the following top challenges according to a recent survey: 75




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                                                                                                   134

                                                 What are common sources of capital for small and
                                                 emerging businesses?
                                                 Financing needs vary widely, and funding in the earliest stages when companies are pre-revenue or
                                                 pre-product development can be difficult to find. 76 Small and emerging businesses generally raise
                                                 capital through a combination of funding sources, with the primary sources of funding as follows: n

                                                                                                   Personal
                                             Retained                                              Funds
                                             Business                                              14%
                                             Earnings

                                              77%                                                                Loan or Line of Credit 54%
                                                                                                                 Credit Card - 53%
                                                                                                   External      Trade Credit -12%
                                                                                                   Financing
                                                                                                                 Leasing - 11%
                                                                                                   9%            Equity Investment - 6%
                                                                                                                 Merchant Cash Advance - 5%
                                                                                                                 Factoring - 3%

                                                                                                                 Other-2%




                                                 Notably, retained business earnings are generally an option only available to established companies
                                                 or companies with short product development cycles, and personal funds are only an option for
                                                 those wit h existing resources.



                                                 What role do grants play in funding small businesses?
                                                 Grants are a non-dilutive source of early funding, but they can be time-intens ive and may not provide
                                                 as much capital as companies need to jumpstart growth. 78 COVID-19 has exacerbated r.he divide
                                                 between grant funding available and the capital needs of small businesses:


                                                                                                                         82% of Hispanic & Latino
                                                                                                                     entrepreneurs reported needing

                                                                                                                       $5,000-$50,000
                                                                                                                   in capital in order for their business
                                                                                                                  to survive the COVID-19 pandemic. 80




                                                        $4,360
                                                   Average emergency
                                                 grant to small businesses
                                                    during COVID-19.79




                                                                                                          ANNUAL REPORT: FISCAL YEAR 2020             I   29




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                                                                                                   135

                                                  What sources of collateral are used by small businesses when
                                                  accessing bank loans? 81

                                                              PERSONAL GUARANTEE           59%


                                                                    BUSINESS ASSETS        49%


                                                                   PERSONAL ASSETS         31%


                                                            NO COLLATERAL REQUIRED     -


                                                                       FUTURE SALES    ■

                                                  Bank loans may not be a funding option for many small and emerging businesses. During the initial
                                                  start-up srage, they typically have mlnimal or no collateral and lack sufficient earnings histories, tax
                                                  returns, and performance track records for bank underwriting. 82 In the absence of collateral from the
                                                  business, banks often rely on information about the founder or entrepreneur, such as personal wealth,
                                                  income, debt, or home ownership, co determine loan default probabil icy. 83



                                                  What is the role of community banks?
                                                  Community banks are often better positioned co underwrite small business loans because their
                                                  relationship lending models provide an advantage for pricing lending risks that are unique, infre-
                                                  quent, and localized, including close familiarity wir.h customers, mo re tailoring of loans, and close
                                                  geographic proximity to collateral. 84




                                                              Since 1986, there has been a 70% decrease in the number of FDIC-insured banks.85




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                                                                                                136

                                                  How is crowdfunding used for financing?
                                                  Crowdfunding is often used as a broad term that captures different methods of raising fw1ds in which
                                                  a relatively large number of people make relatively sma ll contributions or investmen ts.


                                                                                         Debt Crowdfunding•
                                                                                   Contribution with the expectation
                                                                                      of repayment with interest




                                                        Rewards Crowdfunding                                        Equity Crowdfunding•
                                                           Contribution in exc hange                                    Contribution in exchange
                                                         for rewards or pre-purchase                                   for percentage ownership




                                                           Donation Crowdfunding                           Real Estate Crowdfunding*
                                                                 Contribution with no                          Contribution in exchange for
                                                                 expectation of return                           ownership in real estate


                                                                                                            *Subject to securities laws.




                                                                                                          ANNUAL REPORT : FISCAL YEAR 2020         I   31




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                                                                                                     137

                                                  What is the role of angel investors?
                                                  Angel investors are genera lly high net worth ind ividuals who invest their own fund s directly in ea rl y-
                                                  stage businesses. Compa nies receiving angel investments are largely in the development stage and
                                                  therefore riski er investments. 86 Recognizing the impo rtance of diversifying, angels often syndicate,
                                                  which allows them to participa te in larger dea ls and limits their individua l check sizes.87



                                                  What was the scale of angel investing in early-stage companies
                                                  in 2019?88

                                                                                              ~
                                                                       323,365
                                                               active angel investors
                                                                                          I                                   $23.9 billion
                                                                                                                              in total angel investments




                                                                         63,730                                               $374,225
                                                             entrepreneurial ventures                                         average angel funding round
                                                              received angel funding




                                                       "
                                                       Beyond supporting t heir own portfoli o companies, angels are an integral
                                                       compo nent of the growth of VC ecosystems. The impact of angel
                                                       mentorship and net working ca n be even more influential w ithin
                                                       ecosystems outside traditional VC hubs.
                                                                                                                                         PITCHBOOl-<89




                                                                           Angels generally invest in businesses located close by.
                                                                               The distance between the lead investors and
                                                                                        the target business averages only                        ~
                                                                                                37miles."'                                            •



                                                            ••••••••••••••••••••••••



                                                  32    I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                                     138

                                                How has seed funding activity changed in recent years?
                                                The seed round is often a com pany's first official round of funding and consists of a small amount
                                                of capital typically used for product development, market research, or business plan development.91
                                                Seed rounds typically range from $250,000 to $2 rniHion. 92

                                                                             U.S. angel and seed deal activity size (by number of deals)95

                                                                          100%

                                                Seed deal sizes            90%
                                                have climbed over
                                                the past seven             80%
                                                years, landing at an
                                                                           70%
                                                annual median of
                                                                                                                                                 ■ $2SM+
                                                                           60%
                                                $1.1 million                                                                                     ■   $10M-$25M
                                                in 2019.93                 50%                                                                   ■ $5M -$10M

                                                                                                                                                 ■ $1M-$5M
                                                For companies              40%
                                                                                                                                                 ■ $500K-$1M
                                                looking to raise
                                                                           30%                                                                       Under $SOOK
                                                smaller amounts,
                                                the availability of        20%
                                                smaller deals has
                                                diminished.94               10%

                                                                            0%
                                                                                     2009    2011       2013         2015      2017       2019




                                                What changes in this market segment have been observed amid
                                                COVID-19 since March 2020? 96




                                                                                                                                      12%



                                                             of startups saw their           of startups saw their              of startups are
                                                             revenue drop at the              revenue decline by                 experiencing
                                                               beginning of the                  at least 40%.                significant revenue
                                                                   pandemic.                                                        growth.




                                                                                                               ANNUAL REPORT : FISCAL YEAR 2020         I   33




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                                                                                                      139

                                                 Good and bad news for angel and seed investment activity.


                                                                                                                              First time equity financings and
                                                                                                                              seed-stage activity have seen
                                                                                                                              steady declines98 as early stage
                                                                                                                              investors turn to supporting
                                                                                                                              existing portfolio companies. 99




                                                  Angel investment activity has remained resilient as seed activity
                                                  has declined.100


                                                             775
                                                                        748                726
                                                                                                            662
                                                                                                                        632




                                                                                                       I
                                                             586                                            591         585
                                                                        522                535


                                                                                                            NB                                         ~
                                                            $1.88                          $1.78                        $1.58           $1.38          $1.28




                                                            liL _I_II_
                                                             Ql         Q2

                                                                                  2019
                                                                                            Q3              Q4           Ql               Q2

                                                                                                                                        2020
                                                                                                                                                        Q3




                                                                              -          Angel Deal Value               Seed Deal Value

                                                                              -          Angel Deal Count               Seed Deal Count




                                                 34     I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                                    140

                                                               Mature and Later-Stage
                                                                     Businesses
                                                         ompanies within this segment of the market are generally growing and looking for larger amounts
                                                         of capital that can fund operations of scale, ventures into new verticals, and preparation for public
                                                 (       markets. Most often their investors are institutional in nature.




                                                                                           venture capital (VC) deals in 2019m•
                                                        12,207                             (aggregate value of $136.8 billion)




                                                         5,484                             private equity (PE) deals in 2019""
                                                                                           (aggregate value of $781.5 billion)




                                                 How much are mature and later-stage businesses raising across
                                                 their lifecycle?103




                                                         Seed                Early-Stage                Later-Stage
                                                                                                                                   ■ Exit
                                                     Seed investments      Series A ($2M to $15M)       Series C or Series D      IPO, Merger
                                                 ($250,000 to $2M)           or Series B ($10M+)        ($10M to $100M+)         or Acquisition




                                                                                                            ANNUAL REPORT : FISCA L YEAR 2020         I   35




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                                                                                                   141

                                                  Who invests in mature and later-stage businesses?

                                                                                        Venture Capital Funds
                                                  Venture capital funds are generally structured as private funds that invest in early stage compa nies
                                                  with high growth potential, taking on a high degree of investment risk in exchange for significant




                                                                                                                               ,,
                                                  expected investment multiples.




                                                                                                                                           h
                                                                                                                                     10
                                                                                                                                    Years


                                                              70% of VC funds                  Investments are             Lifespan to raise capital,
                                                             are concentrated in                locked in until           enter into, and exit from all
                                                               3 metro areas.104               a liquidity event.          investments is limited.105



                                                                                     Nontraditional Investors
                                                  Investors that historically made investments through VC funds as limited parmers-such as sovereign
                                                  wealth funds, cor porar.ions, and other insr.irurions-a re increasingly making direct investments in
                                                  mature and later-stage businesses. 106




                                                          Average later-stage deal              of VC deal value             Many nontraditionals,
                                                           size with nontraditional          originated from deals         especially mutual funds,
                                                       participation in 2019 was more         with nontraditionals         invest w ith expectations
                                                          than 4x the average size            in 2018 and 2019.108         of capturing returns from
                                                              of deals without a                                              an imminent IP0.109
                                                          nontraditional investor.107




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                                                                                                  142

                                                  Where do later-stage companies find investors?
                                                  Companies looking fo r seed financings often work through local investor networks first, genera lly
                                                  wi thin 100 mil es, while lateMtage companies genera ll y require larger funding vehicles, and the median
                                                  distance between the company and lead investor grows ro over 400 mi les.110 Given the active role
                                                  most VCs ta ke wi th their portfolio companies as board members and stra tegic advisors, proximi ty
                                                  makes it easier to monitor and stay engaged with companies through formative milcstones. 111




                                                                                                400 miles

                                                                                                                 - -_f
                                                  What pathways to liquidity are available for investors in
                                                  later-stage companies?
                                                  Preferred exi t strategies have cha nged over time. While IPOs were traditionally the most common
                                                  way to profitably exit an invesonent, over time an acquisition by a strategic investor or by an existing
                                                  large company has become the most popular: 112




                                                                                           1eilli·ilhlii•
                                                                 ---
                                                               $64.2 billion
                                                         was invested in the acquisition of
                                                         VC-backed businesses in 2019.113
                                                                                                                        47%oflPOs
                                                                                                                   from 1995-2018 were backed
                                                                                                                        by VC investors.115



                                                                                                                      W ithin 5 years post-lPO,
                                                            58% of founders
                                                          surveyed have acquisition as a                           15% of VC-backed
                                                        long-term goal for their company,                     companies raise addit ional VC funding,
                                                              compared to only 17%                            half of which is from t heir original VCs.116
                                                              interested in an IP0.114




                                                                                                            AN N UAL REPOR T : FISCAL YEAR 2020         I   37




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                                                                                                      143

                                                 How are mature and later-stage companies and their investors
                                                 responding to COVID-19?
                                                                     While some funds and portfolio companies have been significan tl y impacted by the
                                                                     pandemic, initial data suggest chat the VC industry in the aggregate has been less
                                                                     affected than other pa rts of the economy.l17 A primary impact of the pandemic has
                                                                     been market uncertainty chat is substantially different from r.he type of u11eertaincy
                                                                     these founders and investors have historically evaluated. ns Companies have been
                                                                     preparing for long-term impacts by establishing cash reserves and trimming budgecs. 119


                                                 How has the pandemic impacted VC deal activity?
                                                 While early-stage VC (Series A and B) started to increase in deal value at the beginning of 2020,
                                                 deal count continues to decline: 120




                                                           $12.3        $12.3           $TI.7        $10.0         $10.3        $8.2          $9.2

                                                            Ql           Q2              Q3           Q4            Ql          Q2             Q3

                                                                                2019                                            2020

                                                                           -       Deal Value ($B)              Deal Count


                                                 Later-stage VC deal activity (Series C an d up) has been more resilient than other srages, 111 which may be
                                                 a reflection of investors focusing funding on existing portfolio companies rather than new invesonents:

                                                                                                                    838
                                                           806
                                                                         751
                                                                                         718          700




                                                           $20.6        $21.5           $20.0        $18.6         $22.8       $28.9         $26.6

                                                                         Q2              Q3           Q4                        Q2             Q3

                                                                                2019                                            2020

                                                                           -       Deal Value ($8)              Deal Count



                                                 38   I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMAT ION




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                                                                                                                   144

                                                  How has VC fundraising activity changed?
                                                  Through the third quarter of 2020, overa ll fundraising activity remained active. 121 However, since the
                                                  pandemic hit, there has been a significan t drop in first·time funds, which raised only $1.9 billion across
                                                  30 funds through Q3 2020, compared ro $5.3 billion over 81 funds in 2019: 123


                                                            584

                                                                                                                                              The percentage of
                                                                                                                                            smal l funds (<$SOM)
                                                                                                                                             raised in 2020 is on
                                                                                                                                                track to dip

                                                                                                                                            below 40%
                                                                                                                                              for the first time
                                                                                                                                                since 2008.12~


                                                            $68.1                         $54.9                 $56.6

                                                            2018                          2019                     2020·

                                                        -                Capital raised ($B)              Fund Count

                                                                                  *Through 03 2020



                                                  How has exit activity changed?
                                                  Over the last three quarters, acquisition activity has dropped while lPO activity has inc reased
                                                  by deal counr:125


                                                                                     63

                                                                    47                               56
                                                                                     34                              49
                                                                    14                                                            43
                                                                                                     19
                                                                                                                     15           10

                                                                                                                                               25
                                                                                                                                                               38
                                                                                                                                               19
                                                                                                                                                               37
                                                                  205               213
                                                                                                    200             191          188
                                                                                                                                               128
                                                                                                                                                               110



                                                                    Ql               Q2              Q3             Q4       I    Ql           Q2              Q3

                                                                                            2019                                              2020

                                                                                                   ■ Acquisition      ■    IPO     Buyout




                                                                                                                             ANNUAL REPORT : FISCAL YEAR 2020        I   39




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                                                                                                              145

                                                                Small Public Companies
                                                          ompanies can access broad pools of investors wh en th ey conduct public offerings, a Uowing
                                                          compa ni es co raise large amounts of capita l co fund activities such as resea rch a nd development,
                                                 (        capital expenditures, or debt service. Public offerings a lso provid e bqujdity to ea rl y-stage in vestors
                                                          and publicity fo r th e compa ny's prod uces and services.


                                                 How has the prevalence of U.S. publicly-traded companies
                                                 changed over time? 126
                                                                    $35                                                                                 8,000


                                                                                                                                                        7,000
                                                                    $30



                                                                i   $25
                                                                                                                                                        6.000     l
                                                                                                                                                        5,000
                                                                                                                                                                  s
                                                                !   $20
                                                                                                                                                        4 ,00Q
                                                                                                                                                                  1
                                                                                                                                                                  V
                                                                ~


                                                                e
                                                                    $15
                                                                                                                                                        3,000     J
                                                                                                                                                                  0
                                                                ~



                                                                i
                                                                    $10
                                                                                                                                                        2.000     I
                                                                                                                                                                  j/_
                                                                    $5
                                                                                                                                                        1000


                                                                    $0

                                                                         ~~~###~#✓##~#\##\#~~#~~#
                                                                                      -      Market cap   -          Listed Companies

                                                                                                                                         Since 1996. more tha n

                                                                                          90% of the stocks that have disappeared
                                                                                                   are t hose of small- and micro-capita lization companies.ITT



                                                 How have corporate assets moved between the public
                                                 and private markets?
                                                 As an a lternative to eval ua ting public market trends by number of li sted com panies, th e public ma rkets
                                                 have seen a fa r lower decline wh en considering rh e change in publ ic compa ny corporar.e assers:




                                                                       1111
                                                                    111 111
                                                            Only a 5% decline
                                                                                                              Vs.
                                                           in corporate assets in the public                                   in number of publi c companies
                                                               market si nee the 1990s.128                                         since the end of 1997.129



                                                 40   I   SEC OFFICE OF THE AD V OCATE FOR S M ALL BUSINESS CAPITAL FOR M ATION




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                                                                                                    146

                                                How does the size of the public market compare to the
                                                private markets?

                                                The size of the U.S. public market is significantly larger than market fo r private investments via
                                                buyout funds and venture capital funds: 130




                                                                                                                              •
                                                                                                                             27x
                                                                                                                         theAUMfor
                                                                               As of the end of 2019,                   private b uyout
                                                                                 the market cap of                           funds
                                                                              U.S. public equ ities was
                                                                                $37.7 trillion.
                                                                                                                            80x
                                                                                                                         t he AUM for
                                                                                                                           VCfunds




                                                The amount managed by U.S. domestic mutual funds fa r exceeds the assets under management
                                                (AUM) and dry powder for both private buyout and venture capital funds:13 1


                                                 Public Funds                                                                  PmtabtFU'ldl




                                                                                                                               Buyout Fund AIJM
                                                                                                                               $1.4 1l111on




                                                                                                  Index Mutual
                                                 Active Mutual Funds                              Funds
                                                 $S.6Trill1on                                     $2.8Tnllion


                                                When comparing the average investment returns of private funds over the past three decades using
                                                a public market equivalent, buyout funds have outperformed the pub lic markets by a rar.io of l.2, 132
                                                and VC funds have performed rela tively the same as the public markets at slightly above 1.0. 133




                                                                                                            ANNUA L REPORT: F I SCAL YEAR 2020        I   41




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                                                                                                       147

                                                  What has happened with public market offerings from July 1, 2019
                                                  through June 30, 2020?134


                                                                                                                                     Small public company
                                                                              All lPOs:
                                                                                                                                     registered offerings:
                                                                              232 offerings with
                                                                                                                                     457 offerings with
                                                                               $259M average
                                                                                                                                     $53M average
                                                                               proceeds
                                                                                                                                     proceeds




                                                  How has the size of public companies changed over time?
                                                 T he average market capitaliza tion fo r a public compan y has dramar.icall y increased:135




                                                                                            --
                                                            $700 million
                                                                    in 1976
                                                            (adjusted for inflation)

                                                                                          II
                                                 Small companies tha t remain increasingly struggle to grow to
                                                                                                              $10.4 billion
                                                                                                                     in 2020




                                                 a larger size, o ften referred to as the "small size trap ." 136 Th e
                                                 percentage of small companjes that grew into medium or large
                                                 companies has been cut in half since the 1990s: 137




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                                                                                                   148

                                                  What are the costs and benefits founders and their investors
                                                  typically weigh with becoming a public company? 138

                                                             COSTS                                                                      BENEFITS
                                                           Listing fees                                                            Liquidity and ease of
                                                   Regulatory requirements                                                            capital raising

                                                   Disclosure expenses and                                                       Efficient price discovery
                                                       competitive risks                                                             Analyst research
                                                        Investor relations                                                       No investor qualification
                                                     Increased market and                                                             requirements
                                                        media attention                                                         Reputat ional prestige and
                                                         Short-termism                                                                market trust

                                                    Loss of founder control                                                        Employee incentives




                                                  How do smaller IPOs differ from larger IPOs?
                                                  Smaller LPOs have driven a subsranr.ial amount of aggregate and sustained performance in the
                                                  U.S. equity markets: 13 ?




                                                    Smaller companies pay                   Smaller companies may                     A significant portion
                                                    a larger percentage of                 prefer acquisition over IPO              of smaller IPOs are by
                                                    deal value in listing and              to capture more value and               biotech startups,142 who
                                                   compliance costs when                  create economies of scale.141            tend to go public earlier
                                                     seeking to raise small                                                         in their lives, providing
                                                     amounts of capital as                                                           an opportunity to see
                                                  compared to larger IPOs.140                                                          meaningful upside
                                                                                                                                    valuation in the public
                                                                                                                                           markets.143



                                                  What is the significance of companies staying private longer?
                                                  The propens ity to list is estimated to be half of what it was in the mid-1990s. 144 Staying private longer
                                                  has been linked with more innovative pre-IPO companies, in terms of the quantity, qual ity, and the
                                                  fundamental nature of their rcsearch,' 45 as well as the creation of more wealth for private market
                                                  investors and less for retail investors in the public market. 146




                                                                                                             ANNUAL REPORT: FISCAL YEAR 2020            I   43




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                                                                                                      149

                                                   How much capital are small public companies raising in registered
                                                   equity offerings?147

                                                                                                                                         151




                                                                                                         97                97
                                                                92            91
                                                                                           74




                                                                $2.1         $2A          $2A           $2.8           $2.0                     $5.7
                                                                Ql           Q2           Q3             Q4                Ql            Q2     Q3

                                                                                   2019                                                 2020

                                                                               -       Tota l Proceeds ($B)                No. of Offerings




                                                   How did registered equity capital raising change between 2019
                                                   and 2020 for small public companies based on industry?148


                                                                                                                   $2.68
                                                                 5PAC
                                                                                                                                                       $5.08




                                                            Health Care
                                                                                                                   $2.68




                                                  Business Services




                                                            Technology



                                                                          ■ January to September 2019         ■ January to September 2020




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                                                                                      150




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                                                                                               151

                                                            Founder Demographics and
                                                                Capital Formation
                                                   Women-Owned Businesses
                                                   From 2014 to 20 19, women-owned businesses have experienced significant growrh com pared to all
                                                   businesses in the counrry: 149




                                                                                                                            21%
                                                                                                                           increase 1n
                                                                                                                      revenue compared
                                                                                                                         to 20% overall




                                                   From 2014 to 2019, minority women-owned businesses grew at a n even faster rare than
                                                   women-owned businesses as a whole: 150




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                                                                                                 152

                                                   The almost 13 million women-owned businesses include significant minority ownershi p: 151

                                                Native American/
                                                    Alaska Native

                                                    180,316
                                                         1%                                                                        •     Native Hawaiian/
                                                                                                                                         Pacific Islander
                                                  Asian American                                                                         40,375
                                                  1,169,348                                                                              0.3%


                                                  Latina/Hispanic    •
                                                 2,346,190
                                                                                                                                         White
                                                       18%
                                                                                                                                         6,525,946
                                                                                                                                         51%

                                                        African
                                                 American/Black
                                                  2,681,179
                                                       21%

                                                   However, while all revenues have increased since 2014, average revenues in 2019 among
                                                   women-owned businesses varied widely by racial and ethnic groups: 152

                                                                                            $191,200




                                                                    $142,900




                                                                               $68,500
                                                                                                           ....           ..
                                                                                                                                    .   ...
                                                                                            1'42.8%      1'34.6%     1' 33.2%     1' 35.1%

                                                                All Women       Native       Asian       Latina/      Native       African
                                                                               American/    American     Hispanic   Hawaiian/    American/
                                                                                Alaska                                Pacific   Black Women
                                                                                Native                               Islander




                                                                                                            ANNUAL RE PORT : F ISCAL YEAR 2020      I   47




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                                                                                                   153

                                              How are women founders faring with capital raising?

                                                                                                   The medi an VC pre-money valu ation va ri ed by
                                                             Women constituted
                                                                                                   gender in 2019, with mixed-gender teams
                                                                  27.6%                            experi encing the most ra pid yea r-over-year growth:154
                                                  of entrepreneurs seeking capital in 2019




                                                      and had an investment yield rate of

                                                                  21.4%

                                                                                                   Additionall y, women fou nding teams tended to raise
                                                                                                   less per funding round in 2019 than r.heir male



                                                                                         I         fo unding tea m counterpa rts:155

                                                                                                                     Median Seed Round




                                                                                                                                             ~
                                                            (up from 17.5% in 2018)

                                                                                                             ....__.,,
                                                        compared to a baseline rate of
                                                                                                         $460,000                         $600,000
                                                                                                   women-only founding teams           male-only founding teams
                                                                  30.7%
                                                          (up from 23.2% in 2018).153                                  Median Series A




                                                                   •• .1                                 $7 million
                                                                                                   women-on ly founding teams
                                                                                                                                          $7.7 million
                                                                                                                                       male-only founding teams




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                                                                                                  154

                                                  Women-founded compa nies received only 12% of VC dollars in 2019 for a tota l of $26.6 billi on,
                                                  consistent wir.h 2017 funding levels bur down from r.he 2018 high war.er mark of 17% :156

                                                                   11111111111111111111
                                                                   11111111111111111111
                                                                   11111111111111111111
                                                                   11111111111111111111
                                                                   11111111111111111111
                                                                                 of dollars went to women-only foundin~ teams,
                                                                    3%0          and 9% went to women/men co-founding teams.


                                                  Women-founded sta rtups receiving their first financing round are dispersed across a number
                                                  of indusr.ries:157



                                                                                                  Information Technology 43%

                                                                                                  Consumer Products and Services (B2C) 27%

                                                                                                  Healthcare 17%

                                                                                                   Business Products and Services (828) 10%

                                                                                                  Other (Financial Services, Energy, and
                                                                                                  Materials and Resources) 3%




                                                  By proportion of tota l dollar volume raised, women raised successively less at eac h stage
                                                  of funding in 2019: 158



                                                        SEED




                                                    SERIES A




                                                    SERIES B




                                                   SERIES C+



                                                                     ■ Female Only       ■ Female/Male Co-Founded         ■ Male Only




                                                                                                            ANNUAL REPORT : FISCAL YEAR 2020     I   49




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                                                                                                   155

                                                Women are also underrepresented in leadership roles in mature and later-stage companies. According
                                                to an analysis of 200 of the most heavily-funded private VC-backed companies: 159




                                                Why should investors care about investing in women-owned
                                                businesses?
                                                Companies with women on r.heir founding reams on average exited 1 year fasr.er than all-men
                                                founding teams, returning capital back to investors faster: 160


                                                             MIHHiW                                    Mi?H.
                                                                                 women on                                     only men on
                                                                6.4              founding team
                                                                                                            7.4               founding team




                                                Research on 1,000 large companies with annua l revenues over $1.5 biJlion fo und thar companies in
                                                the top quartile of diversity outperform the bottom qua rtile: 161

                                                         Gender diverse executive teams are                 Ethnically diverse executive teams are




                                                                         more likely t o experience above-average profitability.



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                                                                                                 156

                                                  Women Investors in Small Businesses




                                                          ♦♦tttttttt    29%0          of angel investors in 2019 were women
                                                                                      (unchanged from 2018's level of 29.5%).162



                                                  Women are underrepresented in investor leadersh.ip roles withjn the VC industry:163




                                                                 12%


                                                        of decision-makers in VC      of top quartile VC firms lack      of LP firms lack women
                                                            fi rms are women.         women decision-makers in               decision-makers.
                                                                                             GP leadership.




                                                    "
                                                    Given studies that emphasize how female VC partners are t w ice as likely
                                                    to invest in startups w ith at least one female found er and more than
                                                    three tim es as likely to back startups with female CEOs, the discrepancy
                                                    at the funder level is critical in this equation.
                                                                                                                  PITCHBOOK & ALL RAISE1&1




                                                                                                          ANNUAL REPORT : FISCAL YEAR 2020         I   51




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                                                                                                 157

                                                 Minority-Owned Businesses
                                                 New entrepreneurs in 20 19 by race and ethnicity: 165
                                                                                                                               Asian American
                                                                                                                               Pacific Islander




                                                  Hispanic/Lat ino •

                                                             23%
                                                                                                                               White

                                                                                                                               58%


                                                         African
                                                  American/Black

                                                             10%


                                                 What percentage of employer firms are owned by minorities?166




                                                                                                                                       NJ

                                                                                                                                            DE




                                                                                                                                    18%ormore
                                                                                                                                   12% to less than 18%
                                                                                                                                   6% to less than 12%
                                                                                                                                    Less than 6%




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                                                                                                158

                                                  Minority-owned empl oyer businesses have a significant impact on the economy: 167


                                                                                           1.1 million
                                                                                        employer businesses



                                                                                              I\
                                                                                         mm
                                                                                          8.7 million
                                                                                          workers employed




                                                                                             99.99%
                                                                                         are small businesses




                                                    "
                                                    Black people represent 12.7% of the U.S. population but only 4.3%
                                                    of the nation's 22.2 million business owners. Because Black and
                                                    White people show no underlying differences in characteristics that
                                                    predict entrepreneurial success, this gap represents major untapped
                                                    entrepreneurial potential across U.S. cities.
                                                                                                       ANDRE PERRY, JONATHAN ROTHWELL
                                                                                                       AND DAVID HARSHBARGER,
                                                                                                       THE BROOKINGS INSTITUTION 168




                                                                                                         ANNUAL REPORT : FISCAL YEAR 2020   I   53




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                                                                                                  159

                                                What challenges do minority-owned businesses face in
                                                accessing capital?

                                                                                                      Minority-owned businesses continue to face
                                                               Minorities constituted
                                                                                                      cha ll enges accessing financing and are more
                                                                      9.3%                            likely to be financially constrain ed: 170
                                                     of entrepreneurs seeking capital in 2019
                                                                                                      ■ Hispanic/Latino   ■ Asian American/Pacific Islander
                                                                                                      ■ African American/Black    ■ White



                                                                                                         Minorities are likely to use personal funds
                                                                                                         as their primary business funding source

                                                                                                                                                25%
                                                                                                                                         22%
                                                                                                                                                       29%

                                                                                                                                 17%


                                                         and had an investment yield rate of             and are more likely to use personal funds
                                                                                                            in response to financial challenges.
                                                                     28.2%
                                                                                                                                                79%
                                                                                                                                         70%
                                                                                                                                             76%




                                                               (up from 22% in 2018)
                                                                                            I                                          65%


                                                                                                                Credit approval ratings are
                                                                                                               generally lower for minorities

                                                                                                                                         66%
                                                                                                                                                       85%
                                                           compared to a baseline rate of
                                                                                                                                       59%
                                                                     30.7%
                                                             (up from 23.2% in 2018).169                                                           80%


                                                                                                              and when approved, minorities
                                                                                                            are less frequently approved for the
                                                                                                                  full amount of their loan .




                                                                      •• . I
                                                                                                                                28%

                                                                                                                                                43%
                                                                                                                          23%

                                                                                                                                                       49%




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                                                                                                160

                                                  How are minority founders faring with capital raising?




                                                                               of VC-backed founders are African A merican/Black,
                                                                  23%0         Hispanic/Latino, Middle Eastern, or A sian American.171



                                                  While all-white founding teams raise the majority of fundi ng rounds, when diverse founding teams
                                                  do raise capital from VCs, r.hey rend to raise more: 172


                                                                                                                                         $40
                                                         $40


                                                    :?
                                                    f    $30
                                                    C
                                                    v




                                                          $0
                                                                  Seed          Series A      Series B        Seriesc       Series D     Series E


                                                                            ■ Ethnically Diverse Founders     ■ All-White Founders




                                                                                                            ANNUAL REPORT : F ISCAL YEAR 2020       I   5S




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                                                                                                  161

                                                  Why should investors care about investing in
                                                  minority-owned businesses?


                                                                                   Pattern matching persists:

                                                                                  Founders are   21%   more likely to be funded by an
                                                                                  investor of the same ethnicity than of a different ethnicity.m




                                                  Investors in companies with ethnica ll y diverse leadership reams have higher realized return multiples
                                                  than they do from companies with all-white leadership teams: 174

                                                              Founding Team's Ethnicity                        C-Level Leadership Ethnicity




                                                            Ethnically Diverse   All-White                     Ethnically Diverse All-White C-Level
                                                                Founders         Founders                      C-Level Leadership     Leadership




                                                       "
                                                       Our data show that more than 75% of all rounds are raised by White
                                                       Founding Teams. That means 3 out of 4 venture capital rounds are
                                                       going to non-diverse teams, who wi ll then go on and become repeat
                                                       founders or venture partners if their companies are successful.
                                                                                                          MARLON NICHOLS, COLLIN WEST
                                                                                                          AND GOPINATH SUNDARAMURTHY OF
                                                                                                          KAUFFMAN FELLOWS175




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                                                                                                  162

                                                  Minority Investors




                                                         1               7%0
                                                                                   of angel investors in 2019 were minorities
                                                                                   (up from 2018's level of 5.3%).776
                                                                                                                                           t
                                                  Minorities remain underrepresented within the VC industry: 177

                                                                                             VC Workforce

                                                                76%




                                                                                                              5%                      4%


                                                               White             Asian American         Hispanic/Latino         African A merican
                                                                                                                                      / Black


                                                                                       VC Investment Partners

                                                                80%




                                                                                      15%
                                                                                                              3%                      3%

                                                               White             Asian American         Hispanic/ Latino        African American
                                                                                                                                      /Black




                                                                                                         ANNUAL REPORT : F ISCAL YEAR 2020          I   57




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                                                                                                          163

                                                  How has COVID-19 impacted underrepresented founders?
                                                                            The pandemic and resulting economic crisis have highl ighted a nd exacerbated preex-
                                                                            isting inequities among historically underrepresented founders, including women and
                                                                            minorir.ies. Data shows that founders in historicall y underrepresented groups have
                                                                            been disproportionately impacted. 178 Examining recent devastation to underrepre-
                                                                            sented founders' businesses caused by COVID-1 9 is cri tical to remediating long-term
                                                                            gender and racial inequities in capita l formation .

                                                  Th e fi rst months of the pandemic saw widespread closures o f small businesses, with underrepresented
                                                  bus inesses disproportionately fo rced to shutter their doors in response to COVID-1 9:179

                                                                                                     African-American/        Hispanic/        Asian/
                                                             Overall               Women                   Black               Latino         American
                                                            15.0 mill ion          5.4 million           1.1mil1ion            2.1 million     885,000




                                                        ~·                         4.0 mi lli on



                                                                                                         6 40,000
                                                                                                                           -~ 1.4million




                                                       "
                                                       The disproportionate losses in April 2020 to th e number of femal e
                                                       business owners will only further increase gender inequality in
                                                       business ownership and perhaps broader economic inequality.
                                                                                                                      ROBERT W. FAIRLIE OF THE NATIONAL
                                                                                                                      BUREAU OF ECONOMIC RESEARCH 190




                                                  Between August and September of 2020, 865,000 women exi ted the labor force, compared to
                                                  216,000 mcn. 18 1 Women arc exi tlng at a higher rate for a varicry of reasons, including (1) industries
                                                  disproportionately affected, (2) operation of smaller, younger, and more vulnera bl e businesses, a nd
                                                  (3) increased chil dcare and family burdens with school closures: 182




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                                                                                                       164

                                                   COVID-19 is impacting both founders and small busin esses' workforces . Women- and
                                                   mfriority-owncd businesses arc more likely to be negatively impacted by COVJ.D-1 9 because
                                                   of their industry sector, company resources, and scale of business:


                                                                                                      of revenues for black-owned businesses
                                                                                                      are in vulnerable sectors, compared with
                                                                                                      25% for all firms. 183



                                                                                                               ]

                                                             Only  28%   of scaled Latino-
                                                                 owned businesses have a                                compared to    44 % of
                                                               majority of employees that                               white-owned businesses.184
                                                                    can work from home




                                                                         33%

                                                                                                               lffi
                                                                                                                                    Quarterly VC funding
                                                                         of Hispanic/Latino parents                                 for women founders hit a
                                                                         and primary caregivers
                                                                         have either shut down their
                                                                                                                                    3yearlow
                                                                         businesses or experienced                                  in September.186
                                                                         significant revenue declines.185




                                                              37% of LGBTQ+                                              24% of LGBTQ+
                                                         entrepreneurs have been impacted by                       entrepreneurs have been impacted by
                                                        difficulty accessing short-term capital.187                difficulty accessing long-term capital.188




                                                     "
                                                     VC activity for female and other historically underrepresented founders
                                                     has seen some progress in recent years , but it remains far from parity.
                                                     Historically, investors have heavil y reli ed on network effects and pattern-
                                                     matching to make investment deci sions. [ ... ] However, with investors
                                                     turning their attention to existing portfolio companies and less likely
                                                     to travel or hold in-person meetings, it w ill bring new challenges to
                                                     founders who do not already have relationships with VC investors.
                                                                                                       NATIONAL VENTURE CAPITAL ASSOCIATION 189




                                                                                                                   ANNUAL REPORT : FISCAL YEAR 2020         I   59




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                                                                                                    165

                                                                    Natural Disasters and
                                                                     Capital Formation
                                                               hen natural disasters sr.rike, they often impact the surviva l prospects for r.he community's



                                                  W            small businesses, which may have fewer resources to weather the chall enges to rebuild and
                                                               reinvigorate r.heir customer base.



                                                  Where were the largest natural disaster events in the past year?
                                                  Between October 1, 2019 and September 30, 2020, there were 20 natural disaster events with losses
                                                  exceeding $1 billion in U.S. states and cerritories: 190




                                                   I

                                                  What is the impact of natural disasters on small businesses?



                                                                         experience revenue                                     fail w ithin a year
                                                                         losses.191                                             unless they can
                                                                                                                                resume operations
                                                                                                                                with in S days.192




                                                  60    I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAP ITAL FORMATION




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                                                                                                    166

                                                How does the percentage of the population affected by natural
                                                disasters compare to the amount of capital being raised?




                                                                                       of the U.S. population193 lives in an area that was affected by a
                                                                                       natural disaster during the three years ending June 30, 2020.194




                                                Businesses in areas affected by natura l disasters over that three·year time period are generally raising
                                                less capital relative to the affected population, except with respect to offerings pursuant to Regula tion
                                                Crowdfunding: 195

                                                        35%


                                                        30%

                                                                                                                                                     Compared
                                                        25% - - - - - - - - - - - - --1                                  t - - - - - - - -• to26%of
                                                                                                                                                    affected
                                                                                                                                                     population
                                                        20%


                                                        15%



                                                        10%




                                                                    - - - -
                                                        5%
                                                                   $4028                $S1'M                $IOM                 $108
                                                        0%
                                                                Regulation D         Regulation A        Regulation CF     Registered Offerings
                                                                                                                             by Small Public
                                                                                                                               Companies




                                                                                                           ANNUAL REPORT : FISCAL YEAR 2020           I    61




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                                                                                                     167

                                                                   Rural Communities and
                                                                     Capital Formation
                                                 How do rural entrepreneurs access capital?
                                                 Rural entrepreneurs ofren rely on a diverse array of traditional and nontraditiona l capital sources to
                                                 meet their financing needs .196 T hese sources include, among or.hers, community banks, Community
                                                 Development Financial lnsti tutions (CDFls), 197 revolving loan funds, government-subsidized
                                                 solurions,1 98 angel/seed investors, and venture capital.

                                                 Community banks remain a key source of debt funding for rural businesses compa red to noncom-
                                                 munity banks. From 2014 co 2019, rural communities saw a much larger decline in the number of
                                                 offices of noncomm unity banks than community banks: 199

                                                                                      Decline of Rural Bank Offices
                                                  10,000
                                                   9,000
                                                   8,000
                                                   7,000
                                                   6,000
                                                   5,000
                                                                                                                                   4.7% decline
                                                   4,000
                                                   3,000
                                                   2,000
                                                   1,000

                                                           2014             2015              2016              2017               2018               2019
                                                                                   ■ Community Banks       Noncommunity Banks


                                                 What sectors of the economy create jobs in rural communities?
                                                 While rural communities are often associated with the agricultural sector, employment in nonmetro·
                                                 politan communities, including rural communities, is actually more heavily concentrated in the services
                                                 sector, which includes healchcare, food, administration, professional, ans, educar.ion, and managemenc:200
                                                                   28.2%
                                                                                             Employment by Industry in
                                                                                            Metro vs. Nonmetro Counties



                                                           15.7%




                                                                                                                                          0.9% 0.9%
                                                            Service          Farm        Manufacturing   Construction     Mining           Forest
                                                                                   ■ Nonmetro Counties    ■ Metro Counties



                                                 62   I   SEC OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION




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                                                                                                          168

                                               Where are rural businesses growing in number?
                                               In 2018, 53% of rural counties in the U.S. saw an increase in the number of businesses.
                                               Rural counties in the Western U.S. led the growth, where the number of businesses inc reased
                                               by 2.4%. The five states with r.hc highest rares of rural business growth were: 201

                                                      California              Hawaii            New Mexico          Oregon               Utah




                                                       \
                                               How does the rural population compare to the amount of capital
                                               being raised?
                                                                                                                  -·
                                               t                              18%
                                                                              of the U.S. population
                                                                              lives in rural areas. 202
                                                                                                           J
                                                                                                                                  17%
                                                                                                                                  of small employer firms are
                                                                                                                                  located in rural areas. 203




                                               However, over the three years ending June 30, 2020, bus inesses in rura l areas1 04 raised less capital
                                               relative to the U.S. popula tion :

                                                                                                                                                         Compared
                                                        18%                                                                                              to 18% of U.S.
                                               C                                                                                                         population
                                               ~
                                                        16%
                                               )!!
                                                        14%
                                               "'
                                               ~

                                               0~       12%
                                               ~ -~
                                               ;, E     10%
                                               ": E
                                               mo
                                               ·6.~     8%
                                               m ~
                                               Uo
                                               00'.     6%                                  $102M
                                                                                             total              $6.2M
                                               il,
                                                                                                                 total
                                               i
                                               ~
                                                        4%

                                                                     $11.3B                                                         $455M
                                               3'        2%
                                                                      total
                                                                                                                                     total

                                                        0%
                                                                   Regulation D         Regulation A       Regulation CF      Registered Offerings
                                                                                                                           by Small Public Companies


                                               The concept of ' locavescing'-which refers to community investing-has been recognized as
                                               especially important in rural areas lacking invesnnent capital since such areas often have strong
                                               economic ties co their local businesses.205


                                                                                                            ANNUAL REPORT: FISCAL YEAR 2020             I   63




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                                                                                      169




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                                                                                                           170

                                                Policy Recommendations

                                             uilding upon last yea r's annua l repo rt,206 the O ffice developed the fo ll owing policy



                                      B      recommendations for Congress and the Commission to consider based upon feedback
                                             received through hundreds of outreach events, phone calls, meetings, video conferences,
                                             and virtu al coffees.

                                      The recommendati ons set forth in this Report a re crafted as pragmatic responses to the most
                                      sigrUficant issues impacting capital formation. Each recommendarjon includes background context,
                                      any recent Commission action, particular impact to demogra phic groups, an d a potential sol ution.




                                           The Office, together with the SEC's Atlanta Regional Office, convened thought leaders at Morehouse College to discuss
                                           barriers to entry for founders of color




                                                                                                         ANNUAL REPORT: FISCAL YEAR 2020                  I   65




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                                                                                                  171

                                                         Education to Ease Challenges of Offering Complexity and Fnct1on

                                                         No matter the industry, every company needs capital to build, grow, and scale. When that capital
                                                         does not come from retained business earnings, personal savings, or debt financing, companies
                                                         regularly look to the private markets to finance early-stage operations and development. Some
                                                         founders do this with a single private financing in mind; others do so with aspirations of raising
                                                         multiple rounds in preparation for becoming a public company. In both cases, raising capital
                                                         through the private ma rkets via exempt offerings is a necessary step in building rhe company.
                                                         For the companies that will one day go public, the early-stage capital provides a foundation for
                                                         the business to reach the size and maturity needed to go public. For the many other millions of
                                                         small businesses that are not looking to become public companies, funding is critical for thei r
                                                         development and for job crear.ion in communities throughour. the United States. Ir is important
                                                         that we foster an environment where the next generation of publicly-traded companies can flourish
                                                         just as much as the Main Street businesses who create the majority of nee new jobs in the country
                                                         each year. 207

                                                         Last year's annual report noted that to comply with our securi ties laws in raising capital,
                                                         marketplace parr.icipanrs rend to need either a law degree or access to sophisticated counsel who
                                                         can help them navigate the rules, both of which carry a significant price tag and can be a barrier to
                                                         entry. T hose barriers to entry a re exacerbated when looking at differences in persona l wealth that
                                                         may create additional hurdles for underrepresented founders. 208 Our report specifically high lighted
                                                         the challenges created by the differing requirements among offering exemptions, as well as the
                                                         uncerta inties that come when transi tioning from one offering exemption to another. We underscored
                                                         that capital formar.ion is negatively affected when the rules confuse not only the actors who are
                                                         directly impacted by the rules-namely, businesses and investors-but also counsel on whom they
                                                         rely for expert advice.

                                                         As a potential so lution, we highlighted the SEC's May 2019 Concept Release on H armonizacion 209
                                                         and iden tified guiding principles for the Commission to consider when looking to modernize,
                                                         clarify, and streamliner.he regulations on r.he offer and sale of securir.ies. In addition, we identified
                                                         specific structural and regu latory changes that could be made to Regulation Crowdfunding to
                                                         improve the offering structure for both investors and companies. Since r.hen, the Commission
                                                         proposed210 and adopted 2 11 significant changes to the exempt offering framework that took into
                                                         account the feedback we had been hearing and our recommendar.ions. These changes are a posir.ive
                                                         step towards easing some of the friction in our exempt offering framework; however, the process
                                                         of selecr.ing r.he opr.imal exemption to raise capital remains a daunting cask for many small
                                                         businesses and their investors.




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                                           Potential Solution: Targeted Educational Programs
                                           Education about the exempt offering framework, Lncluding the Commission's recent changes,
                                           supports a healrhy invesr.ing ecosystem for both small businesses and their investors. Educar.ional
                                           resources can help small businesses and their investors identify which options best fit their capital
                                           needs, risk tolerance, and long-term objectives. When crafting educational resources, we recommend
                                           the following:

                                              Provide small businesses and their advisors with information that helps promote compliance with
                                              the federal securities laws in an accessible and easily-comprehensible format.
                                              Equip investors with appropriate tools to understand whar informar.ion and other rights they have
                                              under differen t types of offerings.
                                              Target audiences r.hat face challenges in raising capital, such as minority- and women-owned
                                              small businesses2 12 and businesses outside of traditional "hotspots" fo r capital raising, including in
                                              rural communities. 213




                                                Fireside chat at the National Venture Capital Associat ion's Strategic Operations & Policy Summit in October 2019.




                                                                                                               ANNUAL REPORT: F I SCAL YEAR 2020                     I   67




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                                                                                                173

                                                         Regulatory Clarity to Bridge Networks between Founders
                                                         and Investors

                                                         Many small businesses struggle with how ro connect to investors with the right ri sk tolerance,
                                                         industry experience, an d investing o bj ectives for their compa ny. For many entrepreneurs and
                                                         found ing teams who want to raise capital, their personal networks lac k investors with deep pockets.
                                                         Women and minority fo w1ders in particu lar often have networks that are less likely to be high net
                                                         worth, which ca n crea te additional barriers to entry as an entrepreneur. 214 Connecting with ea rl y-
                                                         stage investors who bring rel eva nt industry experience ca n positively impac t a company's trajectory
                                                         through mentorship, busin ess relat ionships, and support with fo ll ow-on funding, but those investors
                                                         may lie outside o f a founder's personal network. Th e matchmaking services that these sma ll
                                                         businesses and investors seek often li es outside o f the scope of services performed by registered
                                                         broker-dea lers, leaving a gap in the capital fo rmation ecosystem .

                                                         Last year's annual report noted that small businesses and their investors need clarity on what role
                                                         finders can play in providing services that fall short of requiring registration as a broker-dealer. For
                                                         decades, founders have cri ed to conn ect with invest0rs using a roadmap that could benefit from clear
                                                         signage. ln October 2020, th e Commission proposed an o rder2 15 that would permit natural persons
                                                         to engage in certain limited activ ities involving accredited investors without registering with th e
                                                         Commission. As of the date of this Report, that proposed o rder has not been made final.

                                                         Potential Solution: Clear Finders Framework
                                                         We apprec iate the feedbac k that small businesses, investors, and other market participants shared
                                                         in response to th e Commission's proposed order. Th e comments demonstrate the need fo r a clear
                                                         framework to regulate finders, and many make suggestions to improve aspects o f th e proposal.
                                                         We con tinue to hear that both sma ll businesses and their investors would benefit from additi ona l
                                                         certainty in this space, and we encourage the Commi ssion to finalize a framework that delineates
                                                         the legal obligations of persons who march small businesses with investors. Certai nty for market
                                                         participants will encourage com pliance with securities laws and provide clarity to investors on the
                                                         protections in place when engagi ng with a finder.




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                                                            D1vers1fying Access to Capital

                                                            Accredited Investor Definition
                                                            The definition of "accredited investor" largely determines for small bus inesses who is in their pool
                                                            of potential investors, and for investors whether they are eligible to in vest Ln man y early-stage
                                                            companies. Many of the offeri ng exemptions limit participation co accredited investors or contain
                                                            restrictions on participation by non-accredited investors.

                                                            Last year's annual report identified as proposed solutions the refinement of the accredited investor
                                                            definirion to add alrcrnarive measures fo r evaluar.ing investor sophistication . Since then, r.he
                                                            Commiss ion adopted fin al rules21 6 in August 2020 that update the accredited investor definition ro
                                                            more effectively identify institutional a nd individual investors that have the knowledge a nd expertise
                                                            to participate in exempt offerings. The final rules encourage continued feed back on add itjo nal
                                                            professional criteri a that could impart accredited status for individuals .

                                                            Pooled Vehicle Funding
                                                            Fundi ng from accredited investors, including those who act as angel investors in sma ll businesses, is
                                                            on ly one piece of the early-stage capital puzzle. Small businesses also look for cap ital from private
                                                            funds, such as venture capital funds a nd private eq uity funds that operate under va ri ous exemptions
                                                            from registration. The increasing co ncentration of capital into la rger, private funds has resulted in a
                                                            growing unmet need among entrepreneurs looking for seed and ea rl y-stage capital, with larger funds
                                                            finding it inefficient or lacking bandwidth to make mulr.iple small investmenrs. 2 17

                                                                                                                                     We continue to hear about
                                                                                                                                     cha llenges that entrepreneurs
                                                                                                                                     face in accessing capital from
                                                                                                                                     funds, es pecially from women
                                                                                                                                     a nd minority entrepreneurs and
                                                                                                                                     from businesses located outside
                                                                                                                                     of venture capital hotspots. 21 8
                                                                                                                                     Women and minority
                                                                                                                                     entrepreneurs often find
                                                                                                                                     themselves pitching ro investors
                                                            The Office's Colin Caleb and Atlanta Regiona l Office's Richard Best and
                                                            Mark Youdell engage with attendees at the SEC's Atlanta HBCU homecoming  whose historical notion of
                                                            week event in October 2019.
                                                                                                                                     successful entrepreneurship
                                                            looks white and ma le, which aligns with the profi les of the majority of investment decision-
                                                            makers. 219 Many such investors are " pattern marching," or looking to replicate investments based
                                                            on the profile of a "successful" founder who matches a predictable pattern, which often does nor
                                                            reflect the diversity of the talented founders making the pitch. 220 Pattern ma tching perpetuates
                                                            a cycle that concentrates capital in limited geographies, ethnicities, genders, and educational
                                                            backgrounds. Entrepreneurs loca ted in parts of the country that are not traditional hubs for cap ital
                                                            ra ising are likely to have to travel long distances-or move their compa nies-in order to access such
                                                            capita l. Last yea r's a nnu al report flagged many of these challenges.



                                                                                                                       ANNUAL REPORT : FISCAL YEAR 2020          I   69




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                                                          Potential Solution: Support for Pooled Investment Vehicles
                                                         L1creased diversity amo ng fw1d managers, the location of funds 1 and the size of funds shouJd improve
                                                         access to capital for entrepreneurs, as well as opportunities for investors to support a more diverse
                                                         pool of talented entrepreneurs. We encourage Congress and the Comm_jssion to explore initiatives
                                                         to increase diversity among investment decision-makers to help shift the pattern matching that
                                                         historically has negatively impacted women an d rninority entrepreneu rs. In addition, we encourage
                                                         exploration of pathways to promote the for mation of smaller, regional funds to facilitate the growth
                                                         of sustainable regional ecosystems through locavesting. 221


                                                          Attractiveness of Public Markets

                                                         Jr is critical that compa ni es conti nue to view participating in our public markets as an attractive
                                                         goal, and we contin ue to engage in conversations on how to encourage more companies to go
                                                         public. When deciding whether to remain private or embark upon an IPO, most compa njes
                                                         understandably weigh the costs-including costs of regula tory complia nce-agai nst the benefits-
                                                         namely liquidity, ease of future capital rais ing, an d a reputationa l boon. 222 M any aspects of our
                                                         reguJatory structure were o ri ginally targeted at the largest of public compa ni es, and when appli ed to
                                                         small public companjes, they bea r a djsproporrionate financial burden to assure compliance. This is
                                                         added on top of the declinin g research coverage of small pub lic companies, wh ich creates liquidity
                                                         cha ll enges that in cent private compa ni es to delay becoming public until they reach a larger size and
                                                         scale (which notably diminjshes potential returns for public market investors). ln many cases, it may
                                                         encou rage smaller private compa nies to co nsider an alternative exit, such as an acquisition.

                                                         ln last year's annual report, we encouraged Congress and the Commission to continu e to tailor
                                                         the d isclosure and reporting framework to scale the obligations of reporting compa nies to their
                                                         complexity and scale of operations. Since then, the Commission has taken further actjon in this area
                                                         through multiple rulemakings.22 3




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                                                  Potential Solution: Foster the Public Company Environment
                                                  Congress and the Commission should continue to consider market innovations that could have
                                                  the effect of incenting more companies to go public and to remain public. For example, 2020 saw
                                                  innovations in the rPO process, including continued interest in the direct listing process. During the
                                                  year, we also saw an increased nwnber of public listings,224 including a notable increase in offerings by
                                                  specia l purpose acquisition companies (or SPACs).115 While the relative advantages and disadvantages
                                                  of these new processes remain to be fully explored, we are encouraged by the advancement of market
                                                  innovations, and we support the Commission considering or.her innovations that will encourage more
                                                  private companies to go public and thereby expand investment opportunities for retail investors.

                                                  For companies that are already publicly traded, it is important that they are motivated to stay public
                                                  to maintain breadth of investment opportunities for investors. We encourage Congress and the
                                                  Commission to regularly evaluate both sides of the regulatory coin: the rules that encourage private
                                                  companies to become pub lic, such as the emerging growth company accommodations, as wel l as the
                                                  rules that support the many existing smalJ public companies who are juggling increasing compLance
                                                  costs a longside declining research coverage and liquidity concerns. Together they will inure to the
                                                  benefi t of our country's investors and the market at large.




                                                  Miami area ent repreneurs share their experiences ra ising capital with the Office's Martha Miller and Jessica McKinn ey during
                                                  a January 2020 roundtab le gathered by the Miami-Dade Beacon Council,




                                                                                                                         ANNUAL REPOR T : FISCAL YEAR 2020                   I   71




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                                                                                                 178

                                                     Small Business Capital
                                                      Formation Advisory
                                                  Committee FY2020 Summary

                                                       he Small Business Advocate Act estab lished the SEC's Small Business Capital Formation Advisory



                                                T      Committee (Commitcee). 126 The Committee provides a forma l mechanism for r.he Commission
                                                       to receive advice and recommendations on Commission rules, regulations, and policy matters
                                                       affecting small businesses, from emerging, privately-held companies co publicly-traded companies
                                                 with less than $250 million in public market capi talization; trading in securities of such companies;
                                                 and public reporting and corporate governance of such companies. The Office provides administrative
                                                 support for the Committee, whic h otherwise functions independently.

                                                 ln April 2019, the Commission ap pointed r.he inaugural members of the Committee.227 The membershi p
                                                 includes com panies and investors from across a diverse set of ex periences, industries, geographies,
                                                 and company life cycle stages. In FY2020, two inaugural members of the Committee resigned: Terry
                                                 Mc New and Karen Mills. In addition, Melanie Senter Lubin succeeded Michael Pieciak's service as the
                                                 Norr.h American Securities Administrators Association's representative, and William Manger succeeded
                                                 Joseph Shephard as the Small Business Administration's representative. The Commission is grateful
                                                 for their service and commitment to small businesses and their investors. Two new members were
                                                 appointed by the Commission in FY2020 to fill vacancies: Kesha Cash and Sue Washer.228 The members
                                                 of the Committee as of the end of FY2020 are as follows:

                                                               CARLA GARRETT, Chair                                YOUNGRO LEE, Assistant Secretary
                                                               Corporate Partner,                                  CEO and Co-Founder,
                                                               Potomac Law Group PLLC                              NextSeed
                                                               Washington, DC                                      Houston, TX

                                                               JEFFREY M. SOLOMON,                                 KESHA CAS H
                                                               Vice Chair                                          Founder and General Partner,
                                                               Chief Executive Officer, Cowen, Inc.                Impact America Fund
                                                               New York, NY                                        Oakland, CA

                                                               GREGORY YADLEY, Secretary                           GREG DEAN'
                                                               Partner, Shumaker, Loop &                           Senior Vice President of the Office
                                                               Kendrick, LLP                                       of Government Affairs, FINRA
                                                               Tampa, FL                                           Washington, DC




                                                                                                        A N NUAL REPORT: FISCAL YEAR 2020      I    73




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                                                                                                      179

                                                                ROBERT FOX                                          MARTHA LEGG MILLER'
                                                                National Managing Partner,                          Director, Office of the Advocate for
                                                                Professional Standards Group,                       Small Business Capital Formation,
                                                                Grant Thornton LLP                                  U.S. Securities & Exchange
                                                                Chicago, IL                                         Commission
                                                                                                                    Washington, DC
                                                                STEPHEN GRAHAM
                                                                Co-Chair, Fenwick & West LLP's Life                 CATHERINE MOTT
                                                                Sciences Practice                                   Founder and CEO of Blue Tree
                                                                Seattle, WA                                         Capital Group, Blue Tree All ied
                                                                                                                    Angels, and Blue Tree Venture Fund
                                                                SARA HANKS                                          Pittsburgh, PA
                                                                CEO and Co-Founder,
                                                                CrowdCheck, Inc.                                    POORVI PATODIA
                                                                Alexandria, VA                                      CEO and Founder,
                                                                                                                    Biena Snacks
                                                                BRIAN LEVEY                                        Allston, MA
                                                                Chief Business Affairs and Legal
                                                                Officer, Upwork Inc.                               JASON SEATS
                                                                Santa Clara, CA                                    Chief Investment Officer,
                                                                                                                   Techstars
                                                                MELANIE SENTER LUBIN'                              Austin, TX
                                                                Maryland Securities Commissioner
                                                                for the Securities Division, Office                 MARC OORLOFF SHARMA'
                                                                of the Attorney General                             Chief Counsel of the Office of the
                                                                Baltimore, MD                                       Investor Advocate, U.S. Securities
                                                                                                                    & Exchange Commission
                                                                WILLIAM MANGER'                                     Washington, DC
                                                                Chief of Staff and Associate
                                                                Administrator for the Office of                     HANK TORBERT
                                                                Capital Access; U.S. Small Business                 President,
                                                                Administration                                      AltaMax, LLC
                                                                Washington, DC                                      New Orleans, LA


                                                                SAPNA MEHTA                                         SUE WASHER
                                                                General Counsel & Chief                             President and CEO, Applied Genetic
                                                                Compl iance Officer, Rise of                        Technologies Corporation
                                                                t he Rest Seed Fund; Associate                      Gainesville, FL
                                                                General Counsel, Revolution
                                                                Washington, DC


                                                 :(.Commirree members include the SEC's Advocate for SmalJ Business Capita l Formation and three
                                                 non·voting members appointed by each of the SEC's In vestor Advoca te, the North American Securiti es
                                                 Administrarors Association (NASAA), and the Small Business Administration, as well as an observer
                                                 appointed by the Financial Industry Regu latory Authori ty (FINRA).




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                                                  Summary of Activities
                                                  Th e Committee met six times duri ng FY2020: two in person, one telephonic, and three by video
                                                  co nference. M aterials from meetings, including agenda, transcripts, and presentations, are ava ilabl e
                                                  on the Committee's webpage.


                                                     Small Business Capital Formation Advisory Committee FY2020 Meetings

                                                                                   Harmonization of the Exemp t Offering Framework and
                                                   November 12, 2019
                                                                                   Pooled Investment Funds

                                                   December 11, 2019               Harmonization of the Exempt Offering Framework (continued)

                                                                                  Exploration of Small Business Capital Markets Data and
                                                                                  Challenges Faced by Small Businesses and Their Investors;
                                                   February 4, 2020
                                                                                  and Local Capital Availabi lity for Early-Stage Companies
                                                                                  and the Role of Regional Funds
                                                                                   Ad Hoc Meeting in Response to COVID-19 Challenges Faced
                                                   April 2, 2020
                                                                                   by Small Businesses

                                                   May 8, 2020                    Capi tal Formation Proposal


                                                   August 4, 2020                  Underrepresented Founders and Investors




                                                    [Top left] Members of the Com m ittee discuss the
                                                    exempt offe ring framework at the Committee's
                                                    meeting at the SEC's Washington, DC
                                                    headquarters on November 12 , 2019

                                                    [Top right ] Chair Carla Garrett opens a video
                                                    conference meet ing. The Committee focused
                                                    many of its discussions t his year on the impacts
                                                    of COVID-19 on small businesses

                                                    [Bottom right] Members Jason Seats, Hank
                                                    Torbert, Greg Dean, and Michael Pieciak engage
                                                    in discussion




                                                                                                              ANNUAL REPORT: F ISCAL YEAR 2020         I     75




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                                                  Committee Recommendations
                                                  During FY2020, the Committee put forward the fo llowing six recommendations to the Commission:




                                                            Accredited Investor Definition

                                                            November 12, 2019

                                                            T he Commission's Concept Release on H a rmonization of Secu ri ties Offering Exemptions,
                                                            Release No. 33-10649 (lune 18, 2019) (Harmonization Concept Release)"' included
                                                            a discussion of wher.her the SEC should amend the acc redited invesror definition. With
                                                            respect to the definition of "accredited investor" as set forth in Securities Act Rule 501(a)
                                                            of Regula tion D, the Committee recommends that the Commission:

                                                            1. Leave the current financia l thresholds in place, subjec t to possibly adjusting such
                                                               thresholds downwards for certain regions of rhe counrry.
                                                            2. Going forward, index the financial thresholds for Lntlation on periodic basis.
                                                            3. Revise the defini tion to allow individuals to qualify as accredited investors based on
                                                               measures of sophistication. In doing so, the Commission should create bright line
                                                               rules for qualifying as an accredited investor by sophistication, which could include
                                                               professional credentials, work experience, education, and/or a sophistication test.




                                                  RELEVANT COMMISSION ACTION
                                                  On December 18, 2019, as part of its broader effort to consider ways to harmonize and improve
                                                  the exempt offering framework under the Securities Ac t of 1933 (Securities Act), the Commission
                                                  proposed amendments to the definition of "accredited investor" under Regulation D of the Securities
                                                  Act to add new categories of qual ifying natural persons and entities and to make certain other
                                                  modificar.ions tor.he existing definirion .230




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                                                  After receivi ng public comment on the proposal, on August 26, 2020, the Commission adopted
                                                  final rules.231 The amendments maintain the financial thresholds in the rule and also permit natural
                                                  persons to quali fy as accredited investors based on, among other things, certain professional
                                                  certifications, designations, or credentials. The amendments also add new categories for
                                                  "knowledgeable employees" of private funds and "famjJy offices" wir.h more th an $5 million in
                                                  assets under management and their "famil y clients." ln a related order, the Commission designated
                                                  hol ders in good standing of the Series 7 (Licensed General Securities Representative), Series 65
                                                  (Licensed Investment Adviser Representative), and Series 82 (Licensed Private Securities Offerings
                                                  Representa tive) licenses as accredited invcsrors.232 Both the proposing rel ease and adopting release
                                                  referenced the Committee's recommendation to index the financ ial thresholds for inflation on a
                                                  periodic basis. However, comments were mixed on this topic and the final rules did not include
                                                  a n indexing provision. The adopting release stated that the Commission will continue to monitor
                                                  the size o f the accredited investor pool, the characteristics of individual accredited investors who
                                                  participate in the private markets, the appropriateness of the income and net worth thresholds, and,
                                                  to the extent data is availab le, performance and incidence o f fraud in exempt offerings, including in
                                                  connection with the Commission's quadrennial review of the acc redited investor definition required
                                                  by the Dodd-Frank Act.




                                                  Members Brian Levey, Sapna Mehta, and Cat herine Mott discuss during the Comm ittee's development of recommendations
                                                  on the accredited investor definition.




                                                                                                                   A N NUAL REPORT : FISCAL YEAR 2020             I   77




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                                                                                                         183


                                                            Retail Investor Access to Registered Closed-End Funds
                                                            Investing in Private Funds

                                                            November 12, 2019

                                                            The Commission's Ha rmonization Concept Release included a discussion of whether the
                                                            SEC should ra ke steps to fac ilitate capital formation in exempt offerings through pooled
                                                            investment funds and whether retail investors should be allowed greater exposure to
                                                            private, growth-stage companies through pooled investment funds.

                                                            As part of such initiatives, the Committee recommends that the SEC remove the standard
                                                            chat registered closed-end funds investing more than 15% of their assets in private funds
                                                            must limit thei r sales to accredited investors.



                                                  RELEVANT COMMISSION ACTION
                                                  On November 2, 2020, the Commission adopted final rules to simplify, harmonize, and improve
                                                  certain aspects of the exempt offering framework to promote capital formation, while preservi ng
                                                  or enhancing important investor protections.133




                                                  Committee members Youngro Lee, Greg Yadley, Sara Hanks, Sapna Mehta, and Catherine Mott engage in discussion with
                                                  fund experts during the November 12, 2019 meet ing.




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                                                                                                     184

                                                  Among other thi ngs, these final ru les increase the offering limits fo r Regulation A, Regu lation
                                                  Crowdfunding, and Rule 504 offerings; revise certain individual investment limits; and permit the
                                                  use of certai n special purpose vehicles to facil itate investing in Regulation Crowdfundi ng issuers.
                                                  ln addition, as described in connection with the accredited investor recommendation above, the
                                                  Commission adopted final rules that, among other things, add additional means for individual s ro
                                                  qualify as acc redited investors and participate in private offeri ngs, including certain private funds.

                                                  Chairman Clayton has also expressed interest in exploring options for increasing opportunities
                                                  for retail investors ro invest in private markets, includ ing through professionally managed funds,
                                                  on terms sim ilar to those available to institutional investors, and on a diversified basis.234 The
                                                  Director of the Division of Investment Management has emphasized the importance of expanding
                                                  public access to private markets as well, and has solicited feedback from fund sponsors, investors,
                                                  a nd other market participants o n how closed-end funds of private funds co uld help enha nce such
                                                  access, includ ing with respect to appropriate structures for these investmen ts, criter ia that would
                                                  promote access to high quality priva te market investments, a nd ways to avoid an extra layer of
                                                  fees and expenses.235




                                                        Regulation Crowdfunding

                                                        December 11, 2019

                                                        The Committee conti nued its discussion of topics covered in r.he Comm ission's Concept
                                                        Release on Harmonization of Securities Offering Exemptions, Release No. 33-10649
                                                        (June 18, 2019).

                                                        With respect. to Regu lation Crowdfunding, the Committee recommends r.hac
                                                        the Commi ssion:

                                                        1. Strea mli ne a nd tier the compli ance obligations, including ar what offering amounts
                                                           issuer reporting and financial sta tement audi t and review obligations are triggered;
                                                        2. Raise the $1 .07 mi llion per yea r offering limit;
                                                        3. Remove limits on acc redited investors' investment amount;
                                                        4. Change investment limits to apply on a per investment. basis rat.her than using an nual
                                                           investment limits, a nd ca lcul ate those limits based upon the greater, rather than lesser,
                                                           of income or net worth;
                                                        5. Allow eljgible investors to invest through special purpose vehicles; and
                                                        6. AJlow grea ter flexibility in porta l compensation.




                                                                                                               A N NUAL REPORT : FISCAL YEAR 2020         I   79




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                                                                                                              185

                                                  RELEVANT COMMISSION ACTION
                                                  As described above, on November 2, 2020, th e Commission adopted a set of rule amendments
                                                  that, among other things, raise r.hc offering limit in Regulation Crowdfunding from $1.07 million
                                                  to $5 million, permit the use of spec ial-purpose vehicles that function solely as a conduit to invest
                                                  in a business raising capital under Regulation Crowd funding, and increase rhe investment limits
                                                  a pplicable to investors in Regulation Crowdfunding offerings by no longer applying those limits to
                                                  accredited investors and allowing non-accredited investors to rely on the greater of their income or
                                                  net worth in calc ulating their invesonent limit.

                                                  The proposing release also requested comment with respect co the Regulation Crowdfunding
                                                  thresholds for different tiers of finan cial statement requirements. On May 4, 2020, the Commiss ion
                                                  adopted temporary final rules under Regulation Crowdfunding to faci litate capital formation for
                                                  small businesses impacted by COVID-19, which include, among other things, an exemption from
                                                  certain financial statement review requi rements for issuers offering $250,000 or less of securities
                                                  in reliance on Regulation Crowdfunding within a 12-month period. 236 On August 28, 2020,
                                                  the Commission extended that relief for offerings initiated through February 2021.237 While the
                                                  Commission did not adopt permanent changes to the financ ial statement thresholds, the November
                                                  2, 2020 final amendments extend the $250,000 threshold through August 2022.




                                                  Chair Carla Garrett and Vice Chair Jeff Solomon at the February 4, 2020 meeting, d iscussing the availability of capital in
                                                  d ifferent geographic reg ions.




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                                                        Harmonization General Principles

                                                        December 11, 2019

                                                        The Committee continued its discussion of topics covered in the Commission's Concept
                                                        Release on Harmonization of Securities Offering Exemptio ns, Release No. 33-10649
                                                        (June 18, 2019).

                                                        The Committee supports harmonization of the exempt offering framework and
                                                        recommends chat the Commission harmonize the exempt offering framework with the
                                                        following principles in mind:

                                                        a. The exempt offering framework should be clear, concise, and effective for small
                                                           bus inesses to raise capital;
                                                        b. The exempt offering framework should be simple and easy to understand, thereby
                                                           making it less complex for small buslnesses to raise capital;
                                                        c. T he elements of the current exempt offering framework that are functioning well
                                                           should be mainta ined, and therefore, the Commission should "do no harm" to RuJe
                                                           506(6) of Regulation D; and
                                                        d. integration should be revised so that the exemptions can be better utilized.




                                                  RELEVANT COMMISSION ACTION
                                                  As desc ribed above, on November 2, 2020, the Commission adopted a set of rule amendments to
                                                  simpl ify, harmonize, and improve certain aspects of the exempt offering framework to promote
                                                  capital formation, while preserving or enhancing important investor protections.

                                                                                                                 T he amendments genera lly reta in the
                                                                                                                 current exempt offering structure, but
                                                                                                                 reduce potential friction points and
                                                                                                                 seek to close gaps and reduce complexi6es
                                                                                                                 in the exempt offering framework r.hat
                                                                                                                 may impede access to investment
                                                                                                                 opporrun iries for investors and access to
                                                                                                                 capital for businesses and entrepreneurs.
                                                                                                                 Among other changes, r.he final rules
                                                                                                                 establish a new integra6on framework
                                                                                                                 that provides clarity with respect to
                                                                                                                 issuers' ability to successively ra ise capital
                                                  Member Poorvi Patadia shares detai ls about her company's
                                                  experiences during the early months of the COVID-19 pandemic   under different exemptions.




                                                                                                                 ANNUAL REPORT: FISCAL YEAR 2020              I    81




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                                                            Capital Formation Proposal

                                                            May 8, 2020

                                                            The Committee generally supports the proposed changes to the exempt offering
                                                            framework set forth in the Capital Formation Proposa l, specifically:

                                                            1. Increasing annua l offering limits, allowing issuers to raise up to:
                                                                      $5 million using Regulation Crowdfunding;
                                                                  ■   $10 mi llion using Rule 504 of Regulation D; and
                                                                 • $75 million using Tier 2 of Regulation A.
                                                            2. Crcarjng an exemption from general solicirar.ion for "demo days" and similar pitch
                                                               events under proposed Rule 148.
                                                            3. Creating new ways for issuers to test the waters to gauge ma rket interes t prior to
                                                               incurring offering expenses by allowing:
                                                                     Generic solicitation of interest materials for issuers to "test the waters" for an
                                                                     exempt offer prior to determining which exemption it will use; and
                                                                    Regulation Crowdfunding issuers to "test the waters" prior to filing an offering
                                                                    document with the SEC.
                                                            4. Harmonizing what disclosures are provided to investors, including aligning the
                                                               non-accredited investor financial disclosure requirements in Rule 506(6) offerings with
                                                               the d isclosure requi rements of Regulation A.
                                                            5. improving the utility of Regulation Crowd funding by:
                                                                      Increasing how much some individuals can invest by:
                                                                         » Removing limits on how much accredited investors can invest; and
                                                                         » Basing non-accredited investor limits on the grearer, nor lesser, of their
                                                                             income or net worth;
                                                                      Allowing investors to pool their funds together in a special purpose vehicle to
                                                                      invest in a Regulation Crowdfunding offering; and
                                                                      Aligning the types of securities el igible for offer under Regulation Crowdfunding
                                                                      to correspond with the eligible securities in Regu lation A offerings.

                                                            T he Committee also encourages r.he Commission r.o clarify the basis for der.ermining
                                                            accredited investor status in Regulation Crowdfunding offerings.


                                                            6. Reducing the complexities across the offering framework by adopting an integration
                                                               framework that consistently defines and clarifies integrar.ion, including by r.he new
                                                               general principle and through the four proposed non-exclusive safe harbors. In
                                                               addir.ion, the Cornmirr.ee recommends char. rhe Commission add more cla rity around
                                                               integration with respect to convertible notes and subsequent public offerings.




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                                                        In addition to items included in the Capiral Formation Proposa l, the Committee
                                                        encourages the Commission to:

                                                        a. Consider adding a micro-offering exemption, as referenced in question 64 of the
                                                           Capital Formation Proposal, with fewer reporting requirements and restri ctions
                                                           for issuers;
                                                        b. Provide pa thways for retail investors to invest in a wider range of small businesses
                                                           r.hrough pooled investment vehicles; and
                                                        c. Adopt a clear framework for unregistered fin ders (as recommended by the prior
                                                           SEC Committee on Small and Emerging Com panies2 38 and at SEC Small Business
                                                           Forums239 ) in light of thei r role as intermediaries in fosteri ng capital formation for
                                                           sma ller businesses.




                                                  RELEVANT COMMISSION ACTION
                                                  As discussed above, on November 2, 2020, the Conunission adopted, among other things, rule
                                                  amendments consistent with each of the Committee's specific recommendations numbered 1 through
                                                  6 above, other than the recommendation to align the types o f securities eligible fo r offeri ngs under
                                                  Regular.ion Crowd funding to correspond with r.he eligible securities in Regulation A offer ings.
                                                  Further, in response to comments received on the proposing release suggesting the addition of an
                                                  accredited investor verification requirement in Regulation Crowdfunding, the Commission stated
                                                                                                                 its belief in the adopting release that a
                                                                                                                 verification requirement is unnecessary.

                                                                                                                        On October 7, 2020, the Commission
                                                                                                                        proposed a limited, condi tional
                                                                                                                        exemption from broker registration
                                                                                                                        requirements for " finders" who
                                                                                                                        assis t issuers with raising capital
                                                                                                                        in private markets from accredited
                                                                                                                        investors. The Commission requested
                                                                                                                        public comment on aU aspects of the
                                                                                                                        proposed exemption.
                                                  Committee members greet one another before their meet ing.




                                                                                                                   A N NUA L REPORT : FISCA L YEAR 2020   I   83




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                                                            Underrepresented Founders and Investors

                                                            August 4, 2020


                                                            T he Committee presented the following findings regarding how capita l markets are
                                                            serving underrepresented founders and in vestors, and in particular how minority-
                                                            and women-owned businesses and funds face barriers to entry due to less access to
                                                            capital rhan r.heir peers:

                                                                     The Committee acknowledges that r.he counr.ry is at an in fleer.ion point wir.h
                                                                     respect to confronting matters of racial equity and inclusion, and access to capital
                                                                     is a powerful cool ro help achieve racial and economic equity.
                                                                     Inclusion in the development of new business and economic growth is important
                                                                     to our national well -being, particularly for minori ties and women.
                                                                     As evidenced by the statistics240 presented co the Committee during [its August 4,
                                                                     2020J mee6ng, including that minority-owned and women-owned businesses
                                                                     have significantly less capital when srarr.ing a business compared with new whir.e-
                                                                     owned businesses, the Committee acknowledges that the capital formation rules
                                                                     may include impediments for minorir.ies and women to access the capital markers.
                                                                     Regulatory action to improve the current capital-raising system-in which
                                                                     minorities and women have been underrepresented and inadequately supported-
                                                                     is critical.
                                                                     The Committee supports regulatory revisions to the capital-raising rules and
                                                                     ecosystem that promote increased opportunities for diverse entrepreneurs
                                                                     and investors, particularly minorities and women, and asks the SEC to take
                                                                     leadership in the area.




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                                                                                                        190




                                                  Member Kesha Cash at the August 4 , 2020 video conference meeting where the Committee diso.issed the need to promote
                                                  increased opportunities for diverse entrepreneurs and investors



                                                  RELEVANT COMMISSION ACTION
                                                  Over the course of 2020, the SEC heard from a variety of thought leaders on how the Commission
                                                  can support improvements to diversity and incl usion, includ ing in small business capital formation,
                                                  as well as in the asset management industry. Further, the Commission published its first Diversity
                                                  a nd Incl usion Strategic Plan for Fisca l Years 2020-2022241 in collaborar.ion wir.h the SEC's Office
                                                  of Mi nority and Women Inclusion as a bluepri nt to build upon to promote workforce diversity,
                                                  inclusion, and opportunity, as well as supplier di versity, in lighr. of r.he dynamic and ever-changing
                                                  nature of the markets the SEC oversees. In the November 2, 2020 release that accompanies the
                                                  amendments tor.he exempt offering framework menr.i oned above, r.he Commission srar.ed:

                                                        We are m indful of concerns expressed in the Recommendation of the SEC Small Business
                                                        Capital Formation Advisory Committee regarding how our capital markets are serving
                                                        underrepresented founders and investors. The recommendation states that m inority- and
                                                        women-owned businesses and funds face barriers to entry due to less access to capital than
                                                        their peers. We believe that the amendments adopted in this release will enable small
                                                        businesses generally to access capital through exempt offerings more effectively and we
                                                        encourage further specific, tangible suggestions for action by the Com mission and are
                                                        com mitted to continued engagement on this topic.




                                                                                                                   A N NUA L REPORT : FISCAL YEAR 2020            I   85




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                                                                                                          192

                                                  END NOTES
                                                  1     See https:l/ww w. sec.gov/fil es/20 19_0ASB_An-            "O ther exempt offeri ngs" includes estimated
                                                        nual%20Report.pdf.                                         amounts raised under Section 4(a )(2), Reg-
                                                        See https://www. sec.gov/files/Sma11 %20Busi-              ulation S, and Ruic 144 A for cale ndar year
                                                        ness%2 0Advocate%20Act% 20of% 2020 16-                     2019. See note 600 in "Faci litating Capital
                                                        a s%20amcnded.pd f.                                        Formation and Expanding In vestment Op-
                                                        The Small Business Advocate Act also estab-                portuniti es by Improving Access to Capital in
                                                        li shed a Small Business Capital Formati on                Private Markets," Rel. No. 33-10884 (Nov. 2,
                                                        Adv isory Committee at the SEC. Th e Office uses           2020), available at https://www.sec.gov/r ules/
                                                        the Committee's parameters to define the scope             fi nal/2020/33- 10844.pdf (" Amendments to Ex-
                                                        o f small businesses that it ser ves.                      empt Offering Framework ") for a description of
                                                        The SEC conducts the Forum annually and                    the methodology used to ca lculate this amount.
                                                        prepares a report in accordance with the Sma ll            We do not yet have data to provide an estimated
                                                        Business ln vestmem Incentive Act of 1980 [15              amount raised under Section 4 (a )(2), Regulation
                                                        U.S.C. 80c- 1 (cod ifying section 503 of Pub. L.           Sand Rule 144A for the period through J une
                                                        No. 96-477, 94 Stat. 22 75 (1980))].                       30, 2020 .
                                                        See https:l/www.sec.gov/virtua lcoffee .                   17 C.F.R. § 227.100 et seq.; see https://www.sec.
                                                        Th is graphic is based on DERA data. This                  gov/small busincss/excmptofferings/regcrowd-
                                                        graph ic depicts a mounts reported or estimated            fundin g.
                                                        as ra ised from July I, 2019 through June 30,              See Amendmen ts to Exempt Offering Frame-
                                                        2020 . Data on offerings under Regulati ons D              work, supra note 7.
                                                        and Crowdfunding is based on in format ion              10 17 C.F.R. § 230.504; see https://www. sec.gov/
                                                        reported by compani es and was collected fr om             smallbusiness/exemptoffet ings/rule504.
                                                        EDGAR filings (new filings and amendments)              11 See Amendments to Exempt Offering Frame-
                                                        on Forms D and C, respectively. Data on regis-             work, supra note 7.
                                                        tered offerings was collected from Thomson Fi-          12 Securities Act of 1933 § 3( a )( l 1), 17 C.F.R. §
                                                        nancial's SOC Pl atinum database. For offerin gs           230.147, and 17 C.F.R. § 230.147 A; see https://
                                                        under Regulation Crowd funding, except where               www.sec.gov/smallbusiness/exempto ffer ings/
                                                        specified otherwise, estimates o f the nu mber             in trastateofferings.
                                                        o f offerings arc based on offerings completed          13 17 C.F.R. § 230.506(b); see https://www.sec.
                                                        during this period as shown on progress updates            gov/smallbusiness/exemptofferings/rule506b.
                                                        on Form C-U; estimates o f amounts raised are           14 See "Final Rule: Accredited Investor Defi ni-
                                                        based on proceeds reported in progress updates             ti on," Rel. No. 33-10824 (Aug. 26, 2020),
                                                        filed on Form C-U during th e report period.               available al https://www.sec.gov/ru les/fi -
                                                        For offerings under Regulati on A, except where            na l/2020/33- 10824 .pdf.
                                                        specified otherwise, estimates of the number of         15 17 C.F.R. § 230.506(c); see https://ww w.sec.gov/
                                                        offerings are based on offerin gs qualified during         smallb usiness/exemptofferings/rule506c.
                                                        this period, excluding post-qualification amend-        16 17 C.F.R. § 230.251 el seq.; see https://www.sec.
                                                        ments; estimates of amounts raised are based on            gov/smallbusiness/exemptoffer ings/rega .
                                                        proceeds reported in filings made during the re-        17 See Amendments to Exempt Offering Frame-
                                                        port period. Capita l raised is based on in forma-         work, supra note 7.
                                                        tion reported by companies in Forms 1-Z, 1-K,           18 15 U.S.C . § 77a, er. seq.; see https://w ww.sec.
                                                        1-SA, 1-U, and offering circular supplements               gov/smallbusiness/goingpublic.
                                                        pertaining to completed and ongoi ng Regulation         19 This graphic presents capital raised in registered,
                                                        A offerings and post-qua li fi cati on amendments,         Regulati on D and Regulati on A offeri ngs across
                                                        a nd for companies whose shares have become                the top six industries from Jul y 1, 20 18 thro ugh
                                                        exchange- listed, in for mati on fro m other public        J une 30, 2019. Offerings by non-pooled in vest-
                                                        sources. Estimates represent a lower bou nd                ment fonds in other industries accounted for
                                                        on the amounts rai sed given the time fram es              approximately $225 billion, $43 billion and
                                                        for reporting proceeds following completed or              $55 million in registered, Regulati on D a nd
                                                        terminated offerings and that offerings qualified          Regulation A offerings, respectively. Regulation
                                                        during rhc report period ma y be ongoi ng. For             A and registered offerings were classified into
                                                        the offerings that permi t pooled investment               industry groups based on th e primary SIC code
                                                        funds, such as Rule 506(6) and (c) of Regulatio n          reported by the compan y. In dustry groups were
                                                        D and registered offeri ngs, the data incl udes            self-reported by compan ies on Form D. Differ-
                                                        offerin gs conducted by pooled investment funds.           ences in data sources and definitions may limit




                                                                                                                   ANNUAL REPORT : FISCAL YEAR 2020             I   87




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                                                                                                        193
                                                        the com parability of industry dara. Offerings by        goods or services that require in-person physical
                                                        pooled investment funds, which accounted for             interaction and thereby carry a risk of COV ID
                                                        approximately $29 billion and $ 1.32 trillion in         infection, such as hotels, transportation, and
                                                        registered offerings and Regulation D, respec-           food services, consistent with the findings of
                                                        tively, are excluded from this graphic. See supra        Diane Alexa nder & Ezra Karger, "Do Stay-at-
                                                        note 6 fo r a description of how these amounts           Home Orders Cause People to Stay at Home?
                                                        were reported or estimated.                              Effects of Stay-at-Home Orders on Consumer
                                                  20    T he maps included in this section depict rhe            Beha vior." Federal Reserve Bank o f Chicago
                                                        amounts reported or estimated as raised by               Working Paper No. 2020-12. The composi-
                                                        issuers, including pooled investment funds that          tion of spending cuts - with a large reduction
                                                        report a primary location in the U.S., including         in services - differs sharply from that in prior
                                                        U.S. territories, from July 1,2019 through June          recessions, where service spend ing was essen-
                                                        30, 2020 . See suf)ra note 6 for a description of        tially unchanged and durable goods spending
                                                        how these amou nts were reported or estimated .          fell sharply."); see also Bartik, supra note 22,
                                                  21    See Board of Governors of the Federal Reserve            at 3 (" Impacts also vary across industries, with
                                                        System, "Monetary Policy Report" (Jun. 12,               retail, arts and entertainment, personal services,
                                                        2020 ) at 1, available at https://www.federa lre-        food services, and hospitality businesses all
                                                        serve.gov/monetarypolicy/files/20200612_m pr-            reporting employment declines exceedin g 50
                                                        fu llreport.pdf {" In response to the public             percent. Finance, professional services, and real
                                                        health emergency precipitated by th e spread             estate related businesses have seen less disrup-
                                                        of COVID-19, many protective measures were               tion."' ).
                                                        adopted to limit the tran smission of the virus.      28 Board of Governors of the Federa l Reserve
                                                        These social-distancing measures effective ly            System, sufna note 21, at 4.
                                                        dosed parts of the economy, resulting in a sud-       29 This map illu strates th e percentage change in
                                                        den and unprecedented fall in economic activity          open small businesses across the U.S. relative
                                                        and historic increases in joblessness.").                to January 2020 based on transaction data. See
                                                  22    See Alexander W. Banik, et al., "How are Small           Cherry, sufna note 27, at 12 ("We define small
                                                        Businesses Adjusting to COVID-19? Early                  businesses as being open if they have a transac-
                                                        Evidence from a Sur vey," N ational Bureau of            tion in the last three da ys. We exclude coun-
                                                        Econom ic Research, {Apr. 2020 Working Paper )           ties with a total average revenue of less than
                                                        at 3, available at http://www.nber.org/papers/           $250,000 during the pre-COV ID-1 9 period
                                                        w26989.                                                  (January 4-31 )." ). Data is available at https://
                                                  23    See Board o f Governors of the Federal Reserve           tracktherecovery.org/.
                                                        System, su/na note 2 I, at 2.                         30 See id. at 12 (" We define small businesses as
                                                  24    See National Venture Capital Association,                being open if ther have a tran saction in the last
                                                        "Startup Ecosystem Faces Capital Crunch                  th ree da ys. We exclude counties with a total av-
                                                        over Coming Month s" (Apr. 27, 2020) at 2,               erage revenue of less than $250,000 during the
                                                        available at https://nvca.org/wp-content/up-             pre-COVID-19 period {Janua ry 4-31 ).") . But
                                                        1oad s/2 020/04/Startup- Ecosystem -Faces-Ca pi-         see Board of Governors of the Federal Reserve
                                                        tal-Cru nch-over-Com ing-Months-5. pd f.                 System, "Business Exit During the COVID-19
                                                  25    See id. at 12 {" The capital crunch in the indus-        Pandemic: Non-Traditional Measures in H istor-
                                                        try will be felt across the board, but perhaps           ical Context" (October 2020) at 2-3, available
                                                        most acutely by founders and in vestors in               at https://www. federa lreserve.gov/econres/feds/
                                                        historicall y underrepresented groups, in emerg-         fi les/2020089pap.pd f (noting " [aJ key challenge
                                                        ing venture ecosystems, and smaller (<$ 100              is distinguishing between temporary shutdown
                                                        million ) and new venture fund managers."); see          and permanent shutdown (death) .... and that
                                                        also MetLife and U.S. Chamber of Commerce,               identifying deaths is more difficult in alternative
                                                        "Small Business Coronavirus Impact Poll,"                data sources." Further noting that "the li ne be-
                                                        (Jul. 29, 2020 ) ar 6, available at https://www.         tween temporary and permanent shutdown may
                                                        usch amber.com/sites/defau lt/files/metlife_uscc_        be blurry at times, as even temporary shutd own
                                                        sbi_coronavirus_impact_poll j uly.pdf.                   may have significan t economic impli cati ons if
                                                  26    See Board o f Governors of the Federal Reserve           it is prolonged or results in substantia l business
                                                        System, supra note 21, at 24.                            restructuring before reopening." ).
                                                  27    See Raj Cherry et al., "The Economic Impacts          31 See Cherry, supra note 27, at 12 ("We defin e
                                                        of COVID-19: Evidence from a New Public                  small busi nesses as being open if they have a
                                                        Database Built from Private Sector Data,"                transaction in th e last three days. We exclude
                                                        Opportunity !11sigbls, (Se pt. 2020) at 3, avail-        counties with a total average reven ue of less
                                                        able at https://fairmodel.econ.ya le.edu/ec438/          than $250,000 during the pre-COVID-19
                                                        chettyl. pd f ("Most of th e reduction in spend-         period (January 4-31 ). "). Data is available at
                                                        ing is accounted for by reduced spend ing on             https://tracktherecovery.orr).




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                                                                                                       194
                                                  32 See id.                                                      of senior loan officers, conducted in July, 70%
                                                  33 See Bo:1rd of Governors of the Fedeml Reserve                of respondents reported tightening lending
                                                     System , supra note 2 t, :it 24 ("Sm:1ll firm s              standard s for sm all firm s-the most since the
                                                     tend to be more financ ially constrained than                fourth q uarter o f 2008, when the fin anci al crisis
                                                     larger firms. For example, b:1nk :1ccount d:1t:1             struck. "). The underlying data was obtained
                                                     suggest that roughly half of sma ll businesses               from the Federal Reserve Board's Senior Loan
                                                     entered th e COVID-19 crisis with cash reserves              Officer Opinion Survey on Bank Lending Prac-
                                                     sufficient for fewer than 15 days of operati ons             tices for July 2020, available at. https://www.
                                                     with ou t revenue. Moreover, even under normal               federa lreserve.gov/data/sloos/sloos-202007.htm.
                                                     circumstances, many small firms face fi nancial        39    Id.
                                                     cha llenges and lack access to liquid fina ncial       40    See "Founder Demographics & Ca pital Forma-
                                                     markets, relying instead on bank loans, credit               tion" section, i11fra.
                                                     cards, and the personal resources of owners.").        41    Sec NSBA Small Business Survey, "Covid- 19:
                                                     See also Diana Farrell, et :1I., " Pl ace Matters:           The Path Forward," Ou[ . 2020 ) available at
                                                     Small Business Financial Health Urban Commu-                 https://nsba.biz/wp-content/uploads/2020/07/
                                                     nities," JPMorga11 Cbase Institute, (Sept. 2019)             COVI D-1 9-Path-Forward-Survey-J uly-2020.
                                                     (" In the rypical communiry ... 47 percent had               pdf. This survey was taken among 630
                                                     two weeks or less of cash liquidity. [... J In all           small -business owners June 16-23, 2020; see
                                                     majority Black or Hi span ic communiti es, most              :1lso The UPS Store, "I nsid e Small Business
                                                     small busin esses had fewer than twenty-one                  Survey," (2020) available at https://www.
                                                     cash buffer days."); see also Banik, supra note              theupsstore.com/File%20Library/theupsstore/
                                                     22 , at 3 ("Second , our results suggest that many           pr/theupsstore-inside-small-business-in fogra ph-
                                                     businesses are fi nancial ly fragile. T he med ian           ic-2020.pdf (reporting tha t 41 % o f small busi-
                                                     firm with ex penses over $ 10,000 per month                  nesses changed or pivoted their business) ; see
                                                     has only enough cash on hand to last for two                 also The Visa Back to Business Stud y, "Global
                                                     weeks.").                                                    Small Business and Consum er In sigh ts Power-
                                                  34 See Hell o Ali ce & CCV Capi tal Impact Report               ing Recovery Through Digital and Contactl css
                                                     (Oct. 2020) available at https://alice-data-pro-             P:1yments Amidst COVID- 19," (2020) available
                                                     duction.s3.us-east-2.amazonaws.com/data_re-                  at https://usa.visa.com/damNCOM/global/run-
                                                     ports/Hello_Alice_and_GGV_Capital.pdf. See                   your-business/documents/visa-back-to-business-
                                                     also B..1 rtik, supra note 22, at 3 (stating that            study.pdf (reporting that more than 67% of
                                                     sma ll businesses on :1verage reported having                small and micro businesses in the U. S. pivoted
                                                     reduced th eir empl oyees by 40% sin ce January).            to keep their business on track sin ce the onset of
                                                  35 See Facebook and Small Busin ess Roundtable,                 COVID-19).
                                                     "State o f Sm:1ll Business Report" (May 2020),         42    See The UPS Store, supra note 41.
                                                     available at. https://about.fb.com/news/2020/05/       43    See Rieva Lesons ky, " Pivoting Helps Small Busi-
                                                     state-of-small-business-report/ (based on a sur-             nesses T hri ve During COV ID-19 Pandemic,"
                                                     vey o f 86,000 small- and medium-sized busi ness              U.S. Chamber of Commerce, (Sept. 1, 2020 )
                                                     owners, managers, and workers ).                             available at https://www.uschamber.com/co/
                                                  36 See MetLife and U.S. Chamber of Commerce,                    start/strategy/metli fe- us-ch amber-small-business-
                                                     "Small Business Coronaviru s Impact Poll ,"                  index-covid- 19 citing https://www.uschamber.
                                                     (Jul. 29, 2020) at 2, available at https://www.              com/report/july-2020-sma ll-business-coronavi-
                                                     uschamber.com/report/jul y-2020-small-busi-                  rus-impact-poll.
                                                     ness-corona viru s-impact-pol 1.                       44    See Vis:1 Back to Business Study, supra note 41.
                                                  37 More information on the relief package is avail-             The Visa Back to Business Study was conducted
                                                     able at "The CA RES Act Provides Assistance                  by Wakefield Research between J une 18 and
                                                     to Sma ll Businesses," U.S. Departme11t of the               June 29, 2020, amon g 250 small business own-
                                                     Treasury, available at https://home.treasury.gov/            ers at co mpa nies with 100 employees or fewer
                                                     policy-issues/cares/assistance-for-smal l-busi-              in each of the fo ll owing markets: U.S., Germa-
                                                     nesses. See also "Coro11avirus Relief Options,"              ny, Cana da, Ireland , Hong Kong, Singapore,
                                                     U.S . Small Business Admi11istratio11, available at          Brazil, and UAE ("7 1% of small and micro
                                                     https://www.sba.gov/funding-programs/loans/                  businesses globa lly have found their local com-
                                                     corona virus-rel ief-options .                               munity to be "supportive" of their business. ").
                                                  38 See Justin Lah art, "Covid Is Cru shing Small          45    Aaron DeSmet et al. " Ready, Set, Go: Reinvent-
                                                     Businesses. 1l1at's B..1d News for American                  ing the Organ ization for Speed in the Post-
                                                     Inn ova ti on," Tbe \Vall Street Journal, (Oct. 9,           COVID- 19 Era," McKi11sey & Company, Oun.
                                                     2020) available at https://www.wsj.com/articles/             26, 2020) available at https://www.mckinsey.
                                                     covid-is-crushing-srnal l-businesses-thats-bad-              com/business-fu ncti ons/organization/our-in-
                                                     news-for-american-in novation-11602235804                    sights/ready-set-go-reinventing-the-organization-
                                                     (" In th e Federal Reserve's third-quarter survey            for-spee d-in-the-post-covid-19-era .




                                                                                                                 ANNUAL REPORT: FISCAL YEAR 2020                 I   89




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                                                                                                         195
                                                  46  See NS BA Small Business Survey, supra note             5 1 T he data in th is graphic includes businesses that
                                                      41. The NS BA survey was taken among 630                    have conducted ei ther a Regulation Crowdfund -
                                                      small-bu siness owners June 16-23, 2020.                    ing offering or a parallel Regulation Crowd~
                                                  4 7 See Miles Kruppa, "Hottest Silicon Valley Starr-            funding and Rule 506 (c) offering since May
                                                      Ups Begin to Sell T hemselves at a Discount,"               2016. See Crowdfun d Capital Advisors and
                                                      Fi11a11cial Times, (May 1, 2020) available at               Small Business and Entrepreneurship Counci l,
                                                      https://www.ft.com/content/Oa4 a651e-8057-                  supra note 49.
                                                      44f8-92e2-f23a89cd632a ("The start-ups                  52 See id.
                                                      in high demand tend to be th ose in sectors             53 T his graphic is based on DERA data. See supra
                                                      benefiting from th e lockdown, such as tclc-                note 6 for a descripti on of the meth odology
                                                      med icinc, cloud computing and collabora-                   used to ca lculate this data.
                                                      tion software."); see al.so PitchBook-NVCA,             54 T his graphic is based on DER.A data. Th is
                                                      "Venture Monitor Q 3 2020," (Oct. 12, 2020)                 graphic includes all industries that accounted
                                                      at 3, available at https://pitchbook.com/news/              for over five percent of the reported amounts
                                                      reports/q3-2 02 0-pitch book- n vca -ven rure-m on -        raised by non-pooled fund issuers during one of
                                                      itor (noting that th e pandemic accelerated the             the respective periods. Offerings by non-pooled
                                                      adoption of fintec h, ed tech, and telemedicin e            fund issuers in other industries accounted fo r
                                                      innovations).                                               approximately $38.6 billion and $28 .3 billi on in
                                                  48 See Gwynn Guilford and Charity Scott, "Is it                 the nine months ended 2019 and 2020, respec-
                                                      Insane to Start a Busin ess During Coronavirus?             ti vely. See sufJra note 6 for a description of the
                                                      Millions of Americans Don't "l11in k So," The               methodology used to calculate this data.
                                                      \Vall Street journal, (Sept. 26, 2020) available        55 Th is graphic is based on DERA da ta. Because
                                                      at https://www.wsj.com/artides/is-it-insane-                of lags in offering qualifications, withdrawals,
                                                      to-start-a-busi ncss-d u ring-corona virus- mi 11 i-        and abandonments, for greater comparability,
                                                      ons-of-americans-d on t-th ink-so-1160 1092841              this analysis considers all initiated Regulati on
                                                      (" Applications for the employer identification             A offerin gs (whether qualified or not) and does
                                                      numbers that entrepreneurs nee(! to start a                 not excl ude offerings that are subsequently
                                                      business have passed 3.2 million so far this year,          withdrawn or aband oned. Du e to lags and
                                                      compared with 2. 7 million at the same point                bunching in proceeds data and temporary relief
                                                      in 2019, according to the U.S. Census Bureau .              provided to Regulation A in March 2020, th e
                                                      That group includes gig-economy workers                     do llar amounts in this graphic are based on the
                                                      and other independent contractors who may                   amounts sought (in $ milli on) in qualified Regu-
                                                      have struck out on their own after being laid               lation A offerings and not on reported proceeds.
                                                      off. "); see also L·rnren Bauer et al., "Ten Facts      56 Id. T his graphic includes all industries that
                                                      about COVID-19 and th e U.S. Economy," The                  accounted for over five percent of the aggre-
                                                      Brooki11gs lnstitutio11, (Sept. 17, 2020) available         gate amo unts sought in qualified Regulation A
                                                      at https://www.brookings.edu/research/ten-facts-            o fferings during one of the respective periods.
                                                      about-covid-19-and-the-u-s-economy/ (noting                 Additional offerings accounted fo r approxi-
                                                      that by mid-August 2020 there were 56% more                 matel y $229 million and $298 million in the
                                                      new bu siness applic..1tions for high-propensi-             nine months ended 20 19 and 2020, respectivel y.
                                                      ty businesses (i.e., those new businesses that          57 See Tom Zanki, "3 Ways the Pandemic has
                                                      are most likely to become employers ) than in               Ch an ged how IPOs are Done," Law 360, (May
                                                      mid-August 2019).                                           22, 2020 ) available at https://www.law360.com/
                                                  49 This data includes bu sinesses that have                     articles/ 127 5 33 0/3-ways-the-pan dem ic-h as-
                                                      conducted either a Regulation Crowdfunding                  changed-how-i pos-are-d one.
                                                      offering or a parallel Regulati on Crowd-               58 See id.
                                                      funding and Rule 506 (c) offering since May             59 See id. See also Fabiane Goldstein, "Virtual
                                                      2016. See Crowd fund Capital Advisors and                   IPOs: Temporary or Definitive Soluti on? ,"
                                                      Small Business and Entrepreneurship Coun cil,               IR Magazine, (J une 18, 2020) available at
                                                      " Regulati on Crowdfu1Hling by Congressiona l               https://www.irmagazine.com/sell-side/virtual-
                                                      District: A Report Card ," (Sep. 2020 ) avail-              ipos-rem porary-or-defin itive-sol uti on; see
                                                      able at https://crowdfundcapitaladvisors.com/               also Crystal Tse, " IPOs Boom with Lasting
                                                      regu lation-crowdfunding-by-congressional-dis-              Pandemic Effect on How Deals Get Done,"
                                                      trict-a-report-card/.                                       Bloomberg Neivs, (J ul. 14, 2020) available
                                                  50 This graphic is based on DER.A data. Because                 at https://news.bloomberglaw.com/corpo-
                                                      of lags in offering qualifications, withdrawal s,           rate-governance/ipos-boom-with-pandemics-
                                                      and abandonments, for greater comparabiliry,                lasting-effect-on-how-deals-get-done; see also
                                                      this analysis considers all initiated Regulati on           Joe Reinhardt, "Five Takeaways for Doing
                                                      Crowd funding offerings and docs not exclu de               an IPO in the Pandemic," Bloomberg Law,
                                                      offerings that are subsequently withdrawn or                (Nov. 9, 2020) available at https://news.
                                                      abandoned.                                                  bloomberglaw.com/securities- la w/five-rake-
                                                                                                                  aways-for-d oing-an-ipo-in-the-pandemic.



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                                                                                                         196
                                                  60    See Leah Hodgson, "Virtual !PO Roadshows                   a Itern ati ve-sou rces-of-fina ncing-for-startups
                                                        could Become the New Post-Crisis St:mdard,"                (" VC is not a fit for all companies, business
                                                        Pitch Book, Oun. 10, 2020) available at https://           models or founder persona lities. Ir begins an im-
                                                        pitchbook.com/news/articles/virtual-ipo-road-              plicit, and sometimes very explicit, need fo r the
                                                        shows-post-crisis; see also Nina Trentman,                 company to prod uce hyper-growth-sized metrics
                                                        "Companies Find a Lot to Like About Virtual                to raise further capital and eventually exit at a
                                                        IPOs," CFO Journal, The \Vall Street Journal,              huge valuation.").
                                                        (Jul. 2, 2020) available at https://www.wsj.com/      73   See Kenan Institute, "Frontiers of Entrepreneur-
                                                        a rticles/companies-find-a-lot-to- like-about-vir-         ship 2020 Trends Report, " (Jan. 2020) at 12,
                                                        tual-ipos-11593700622; and Tom Zanki, supra                available at https://frontiers.unc.edu/index.php/
                                                        note 57.                                                   trends-in-entrepreneurship-report.
                                                  61    See Nina Trentman, sufJra note 60.                    74   Victor Hwang, et al., "Access to C'lpital fo r En-
                                                  62    See Crystal Tse, sufna note 59.                            trepreneurs : Removing Barriers," Ewing Marion
                                                  63    See id.                                                    Kauffma11 Fou11datio11, (April 2019) at 4, avail-
                                                  64    See Tom Zanki, supra note 57.                              able at https://www.kauffman.oryjwp-content/
                                                  65    See Leah Hodgson, supra note 60.                           uploads/2019/12/C'tpita1Report_0425 19.pdf.
                                                  66    See Tom Zanki, supra note 57.                         75   See Jessica Looze and Sameeksha Desai,
                                                  67    See Crystal Tse, supra note 59. See also Tom               "Challenges Along the Entrepreneurial Journey:
                                                        Zan ki, supra note 57.                                     Considerations for Entrepreneurship Support-
                                                  68    See Scott Murdoch and Joshua Franklin, "Virtu-             ers," Ewing Marion Kau{{num Poundatio11,
                                                        al Certainty? Bankers Ask if Success of Remote             (May 2020) at 5, available at https://www.
                                                        Roadshows will Last," Reuters, (Jun. 5, 2020)              kauffman .oryjwp-contcnt/uploads/2020/05/
                                                        available at https://www.reuters.com/article/              Chal lenges-Along-The-Entrepreneurial-Journey.
                                                        us-health-coronavirus-banks-roadshows/vi rtu-              pdf. Percentages add to more than I 00 because
                                                        al-certainty-bankers-ask-if-s uccess-o f-remote-           respondents could select multiple options.
                                                        roadshows-will-last-idUSKBN23C0TM ; see also          76   See Kyle Stanford, sufJra note 72, at 2.
                                                        Tom Zanki, supra note 57.                             77   See Federal Reserve Banks, "2020 Report on
                                                  69    Th is graphic is based on DERA data.                       Employer Firms: Small Business Credit Survey,"
                                                  70    Th is graphic is based on DERA data, excluding             (2020) at 6, available at https://www.fedsmall-
                                                        IPOs file d by pooled funds. See also Kristin              bu siness.oryJmedia li brary/FedSma ll Business/
                                                        Broughton and Mark Ma urer, "Why Finance                   fi les/2020/2020-sbcs-employer-firms-report.
                                                        Executives Choose SPACs: A Guide to the !PO                Percentages add to more than 100 because
                                                        Rival," The \Vall Street Journal, (Sep. 23, 2020)          respondents could select multiple options.
                                                        available at https://www.wsj.com/articles/why-        78   See Kyle Stanford, supra note 72, at 3.
                                                        finance-exec uti ves-ch oose-spacs-a-guide-to-the-    79   See Yuka Hayashi and Anthony DeBmros,
                                                        ipo-rival-1160082820 l , citing data provider              "Emergency Grants to Sma ll Businesses Av-
                                                        Dea logic.                                                 erage $4,360, Data Shows," The Wall Street
                                                  71    See Joe Reinhardt, sufJra note 59. This graphic            journal, (Apr. 22, 2020 ) available at https://
                                                        is based on DER.A data, exclu ding IPOs filed              www.wsj.com/arti cles/emergency-grants-
                                                        by pooled funds. T his graphic includes all                to-small-businesses-average-4-360-d ata-
                                                        industries that accounted for over fiv e percent           shows- 11 587556783.
                                                        of the !PO proceeds during one of the respec-         80   See Hello Alice, "The Impact of COVID-19
                                                        tive periods. Additional offerings accounted               on Hispanic & Larin x Business Owners,"
                                                        for approximately $2.6 bill ion a nd $5.9 billion          (Sept. 2020) at 9, available at https://alice-da-
                                                        in the nine months ended 2019 and 2020,                    ta-production.s3. us-east-2.amazonaws.com/
                                                        respectively. SPA Cs accounted for approxi-                data_reports/latino_an d_hispanic_business_re-
                                                        mately 44% of the number of IPOs and 46%                   port_covid 19_impa nct.pd f.
                                                        of the total IPO proceeds, each over the nine         81   See Federal Reserve Banks, "2020 Report on
                                                        months ended September 30, 2020. A SPAC is a               Employer Firms: Small Business Credit Survey"
                                                        publicly tra ded company that raises cash for the          (2020 ) at 7, available at https://www.fedsmall-
                                                        purposes of acquiring a closely held firm and,             bu siness.oryJmedialibrary/FedSmallBusiness/
                                                        through the deal, taking it public. SPACs often            fi les/2020/2020-sbcs-employer-firms-report.
                                                        focus on companies withi n a particular industry.     82   See Darryl E. Getter, "Small Business Credit
                                                        Deals for technology- particularly biotechnol-             Markets and Selected Policy Issues," Co11gres-
                                                        ogy- and transportation companies have been                sio11al Research Service, (Aug. 20, 2019 ) at
                                                        popular for SPA Cs recently. See also Kristin              9, available at https://crsreports.congress.gov/
                                                        Broughton and Mark Maurer, supra note 70,                  prod uct/pdf/R/R 4 5 8 78.
                                                        citing data provider Dealogic.                        83   See Gregory Brown et al., "Filling the U.S. Small
                                                  72    See Kyle Stanford, "Alternative Sources of                 Business Funding Gap," Fra11k Hawkins Ke11a11
                                                        Financing for Startups," Pitch Book, (Feb. 11,             Institute of Private EnterfJrise, (Feb. 2020) at
                                                        2020 ) at 12, available at https://pitchbook.com/          7, available at http://uncipc.org/wp-content/up-
                                                        news/reports/q 1-2020-pitchbook-analyst-note-              loa ds/202 0/02/Fund ing Gap_ 02 04 2 02 0. pd f.



                                                                                                                   A N NUA L REPORT: FISCA L YEAR 2020          I   91




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                                                                                                        197
                                                  84  See Darryl E. Getter, supra note 82, at 10-11.          I 02 See Wylie Fernyhough et al., "US PE Break-
                                                  85  See id. at 6.                                                down," PitchBook, (Oct. 8, 2020) at 4, avail-
                                                  86  See Kyle Stanford, supra note 72, at 9.                      able at https://files.pitchbook.com/website/fi les/
                                                  87  See id. at 10.                                               pd f/PitchBoo k_Q3_2020_US_PE_Breakdown.
                                                  88  See Jeffrey Sohl, "The Angel Market in 2019:                 pd f.
                                                      Commitments by Angels Increase with a Sig-              103 See CB Insights, supra note 92, at 35.
                                                      nificant Rise in Deal Valuations," Center for           104 See Kyle Stanford and Darren Klees, "Analyst
                                                      Venture Research, (May 5, 2020 ).                            Note: The Effect of Capita l Resources on Dcal-
                                                  89 Kyle Stanford, "Angels: Foundational Investors                making: Can Patterns in VC Resources Help
                                                      to VC," PitchBook, (Sep. 1, 2020) at 7, avail-               Pinpoint Underfunded Ecosystems?," Pitcb-
                                                      able at https://files. pitchbook.com/website/files/          Book, (Nov. 15, 2019 ) at 3, available at l1ttps://
                                                      pdf/Q3_2020_PitchBook_Analysr_Nore_An-                       fi les.pitchbook.com/website/files/pdf/4Q_2019_
                                                      gel s_Foundational_In vestors_to_ VC. pdf.                   Pitch Book_Analysr_Notc_TI1e_Effect_of_ Cap-
                                                  90 See id. at 10.                                                iral_Resources_on_Deal making.pdf. The three
                                                  9 1 See PirchBook, "What Are The Private Mar-                    metro areas include: San Jose-Sa n Francis-
                                                      kets?" (Nov. 1, 2018) at 13, available at                    co-Oakland, CA (43% ), New York-Newark,
                                                      https://pirchbook. com/6\og/what-are-the-pri-                NY-NJ -CT-PA (16%), and Boston-Worces-
                                                      vate-markets.                                                ter-Providence, MA-RI-NH-CT ( 11 % ). The
                                                  92 See CB Insights, "What is Venture                             percentages are based on number of funds that
                                                      Capital?" (2020) a t 31, available at                        have closed since 2015.
                                                      https://www.cbinsights.com/reports/                     105 See Jason D. Rowley, "Inside The Ups And
                                                      CB- Insights_What-is-Ven ture-Capita l.                      Downs Of The VC J-Curve," Cru11chba.se
                                                      pdf?utm_campaign=marketing_what-                             News, (Nov. 20, 2019) available at https://
                                                      is-vc 2020-05&urm medium=email&                              news.crunch base.com/news/i nside-the-ups-and-
                                                      hsmi~88604078&_~enc=p2ANqtz-9H9tu-                           d owns-of-the-vc-j-curve/#:- :text= Though%20
                                                      foV2LjHkDYUcH skAdqOvNXH 0jy8QvxK-                           rhere%20are%20exceptions%2C%20
                                                      Dgs2W693 FgDiAgsQCkE2Xe5_pMrv_NP-                            rhe,%2C%20in%20one%2Dyear%20in-
                                                      Ggqme05NsvF-bU4bxuL3eoH fg&utm_co n-                         crements (noting that general partners may
                                                      tent=8860407 8&urm_source=hs_automation.                     negotiate extensions to a fund's lifespan,
                                                  93 See PitchBook-NVCA, "Venture Monitor Q4                       typically between one and three years, gener-
                                                      2019," (Jan. 13, 2020) at 7, available at https://           ally in one-year increments); but see Cameron
                                                      pitchbook.com/news/reports/q4-2019-pitch-                    Stanfill eta!., "Analyst Note: Shadow Capital
                                                      book-nvca-venture-monitor.                                   in Venture Investing: Estimating Nontradition-
                                                  94 See id. at 7 and 9.                                           al Investor Participation in VC Deal mak ing,"
                                                  95 See id. at 9.                                                 Pitch Book, (Jun. 5, 2020) at 2, available at
                                                  96 See St.1rtup Genome, "The Globa l Startup Eco-                https://files.pitchbook .com/website/fi les/pdf/
                                                      system Report CSER 2020: The Ne w Normal                     PitchBook_Q2_2020_Analyst_Note_Shadow_
                                                      for the Global Startup Economy and the Impact                Capital_in_Venture_I nvesting. pdf (noting that
                                                      of COYID- 19," (June 2020) at 20, available at               nontraditional investors that have historically
                                                      https://startupgenome.com/reports/gser2020.                  accessed venture capital in a limited partner ca-
                                                  97 See PitchBook-NVCA, supra note 47, at 7.                      pacity are doubling down on their direct venture
                                                  98 See id. at 8 (" First rime equity financings have             capital investing practices ).
                                                      declined to just 23. 7% of total completed              106 See Stanfill, supra note 105, at 2 and 7 (also
                                                      financings in Q3 2020, compared with 27.3%                   noting that the "diversity of nontraditional
                                                      in Q3 2019. ").                                              investor types and the strategies within those
                                                  99 See Pitch Book, "2020 Venture Capital Outlook:                groups makes generalizing about the group
                                                      Hl Follow-Up," (J ul. 6, 2020) at 2 (""l11e previ-           extremely difficult" ).
                                                      ous traj ectory of increased valuations and deal        107 See id. at 5 (noting that "[s]o far in 2020,
                                                      activity for seed-stage companies has stalled in             corporate VC investors have participated in
                                                      the last six months, as startups no longer have              55.5% of deal va lue despite participating in
                                                      the leverage to command the frothy valuations                just 29.5% of comp leted deal s, and SWFs have
                                                      they previously enj oyed. Seed-stage investors               participated in 16% of deal value in while being
                                                      have also been focusing their efforts internally             present in just 1.2% of deals. Overall, U.S.
                                                      toward current portfolio companies, leaving                  venture dea ls with nontrad itional participation
                                                      less time for sourcing deals and performing due              added $106 billion and $96 billion worth of
                                                      diligence. ").                                               deal value to market totals in 20 I 8 and 2019,
                                                  100 See PitchBook- NYCA, supra note 47, at 7.                    respectively, representing more than 70% of
                                                  101 Seeid.                                                       total deal value participation each year by non-
                                                                                                                   traditiona l investors").




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                                                                                                            198
                                                  108 See id. ar 1.                                               117 See Will Cornall, "Venture Capitalists and
                                                  109 See Josh Lerner a nd Ram:rna Na nda, "Venture                   COVID-1 9," Harvard Law School Fonun on
                                                      Capital's Role in Financing Innovation: What                    Corporate Governance, (Sep. 1, 2020) available
                                                      We Know an d How Much We Still Need to                          at https://corpgov.law.harvard.edu/2020/09/01/
                                                      Learn," 34 Journal of Economic Perspectives                     venture-capitali sts-and-covid-19 (citing Paul
                                                      237-261 (Summer 2020) at 252, available at                      Gompers, et al., "Venture Capitali sts and
                                                      https://www.nber.org/system/files/working_pa-                   COVID-19," (Oct. 2020) available at https://
                                                      pers/w27492/w27492.pdf.                                         papers.ssrn.com/sol3/papers.cfm?abstract_
                                                  110 See Kyle Stanford and Darren Klees, supra                       ;d:3669345 ).
                                                      note 104, at 8-9 ("Companies looking for seed              118 See id.
                                                      financings generall y work through loca l investor         119 See Deloi tte, supra note 113, at 12.
                                                      networks fi rst, while later stages generally              120 See PitchBook-NVCA, supra note 47, at 9
                                                      require large fu nd ing vehicles tha t may not be              (" Early-stage VC deal activ ity showed signs of
                                                      located nearby. Th is trend holds distinctly in                rebounding in Q3 2020 with $9.2 billion raised
                                                      the data. The median distance between a target                 across 657 deals . . . " This com pares to $8.2
                                                      company and lead investor for late-stage deals                 billion raised over 764 dea ls).
                                                      in the U.S. notched over 400 miles so for in               121 See id. at 5, 11 (deals over $100 million have
                                                      2019, while the median distance for seed deals                 not seen much change, with 223 deals valued
                                                      is just under 100 miles between the lead investor              at $53.2 bill ion (of which 189 were late stage
                                                      and target company."). TI1e authors furthe r                   deals ), which puts them relatively on par with
                                                      note that " [f]unds tend to cluster in areas with              20 19 (242 deals at $55.3 bill ion )).
                                                      investable companies rather than stationing                122 See id. at 31.
                                                      themselves in promising areas with the hope of             123 See id. at 32.
                                                      attracti ng founde rs to create new enterprises."          124 See Cameron Stanfill, et al., "Analyst Note :
                                                      Id. at 4.                                                      2020 Venture Capi tal Outlook: 1-1 1 Follow-Up,"
                                                  111 See id. at 4.                                                  PitcbBook, (Jul. 6, 2020) at 8-9, available at
                                                  112 See Michael J. Ma uboussin and Dan Ca llahan,                  https://pitchbook.com/news/reports/2020-pitch-
                                                      "Public to Private Equity in the United States:                book-analyst-note-venture-capital-out-
                                                      A Long-Term Look," lvlorga11 Stanley, (A ug. 4,                look-h 1-foll ow-up.
                                                      2020) at 46, available at https://www.morgan-              125 See PitchBook-NVCA, supra note 47.
                                                      stanley.com/im/publication/insights/articles/              126 Data on U.S. listed domestic firms was estimat-
                                                      articles _pub Ii ctopriva teeq ui tyin theusalongterm -        ed by DERA based on the Center for Research
                                                      look_us.pdf? 1607 3624 18999.                                  in Security Prices (C RSP) database. The a nalysis
                                                  113 See "Road to Next," Deloitte, (2020) at 7,                     in cl udes U.S. common stocks (share codes 10
                                                      available at https://www2.deloitte.com/content/                and 11 ) listed on NYSE, NYSE MKT, and
                                                      dam/Deloitte/us/Documents/audit/us-audit-road-                 Nasdaq. ·n1e analysis excl udes investment funds
                                                      to-next-q2-2 02 0. pd f.                                       and trusts (Stan dard In dustria l Classification
                                                  114 See Silicon Valley Bank, "2020 Global Startup                  codes 6722, 6726, 6798, a nd 6799). A company
                                                      O utlook" (Feb. 2020) at 7, available at https://              with several classes of shares is counted once.
                                                      www.svb.com/globalassecs/library/uploadedfiles/                Data for 2020 represents the n umber of listed
                                                      content/trends_and_insights/reports/startup_                   firms and market ca pitaliza tion as of September
                                                      ou tlook_report/suo__global_report_2020-final.                 30, 2020. TI1e numbers included in this graphic
                                                      pdf.                                                           differ slightly from the graphic included in
                                                  115 See Josh Lerner a nd Ramana Na nda, supra note                 the Office of the Advocate fo r Small Business
                                                      109, at 240.                                                   Capital Formation's Annual Report for Fisc.11
                                                  116 See Peter ll iev and Michelle Lowry, "Venturing                Year 2019 at 24 (note 69), which was based on
                                                      Beyond the !PO: Financing of Newly Public                      Worl d Bank Group Open Data.
                                                      Firms by Venture Capitalists," The Journal of              127 See Michael J. Mauboussin and Dan Callahan,
                                                      Fi11a11ce, (Jan. 2020) at 1, available at https://on·          supra note 112, at 3.
                                                      linelibrary.wi ley.com/doi/ful l/10.1111/jofi.12879        128 See id. at 26.
                                                      (" In a sam ple of priva te firms that go public for       129 See id. at 25.
                                                      the first time, 15% of the firms backed by VC              130 See id. at 30.
                                                      financing prior to the IPO received additional             131 See id. at 3. The amount included in the graphic
                                                      funding from VCs withi n the first five years                  for U.S. domestic eq uity mutual fun ds does
                                                      after the !PO. Approximately half of these                     not incl ude $4. 7 rrill ion in separately managed
                                                      post-IPO VC financings were from the same                      accounts.
                                                      VC that fun ded the company prior to the                   132 See id. at 8 (examining data fro m 1984 to
                                                      ]PO. Press releases on these financings provide                 20 15).
                                                      suggestive evidence of their importance to the             133 See id. at 9 (examining data fro m 1984 to
                                                      underlying companies. ").                                       20 13).




                                                                                                                    ANNUAL REPORT : FISCAL YEAR 2020              I   93




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                                                                                                          199
                                                  134 Th is graphic is based o n DERA data. Registered          144 See Michael J. Mauboussin and Dan Callahan ,
                                                      offerin g data was collected fr om Th omson                   supra note 112, at 26.
                                                      Financia l's SOC Platinum database. Sma ll public         t 45 See Josh Lerner and Raman a Nanda, supra note
                                                      companies include publ ic companies with a size                109, at 5.
                                                      less than or equal to $250 million on the date            146 See Michael J. Mauboussin and Dan Callahan,
                                                      of the offeri ng, calculated by multiplying price              supra note 112, at 48.
                                                      of the company's stock at the dose of the day             147 Regis tered equity offering data includes IPOs
                                                      of the offeri ng by the number of outstandin g                 and registered secondary equi ty offerings
                                                      shares on the day of the offering. Data from the               and was coll ected by DERA fr om Thomson
                                                      Center for Research in Securities Prices (C RSP ),             Financial's SDC Platinum database. Small public
                                                      Dealogic, and Compustat were used to fill in                   co mpanies include public compani es with a size
                                                      missing information from SOC Platinum. Mu-                     less than or equal to $250 milli on on the date
                                                      tual fund s and Closed-end funds arc excluded                  of the offerin g, calculated by multiplying price
                                                      from the statistics. Those companies missing a                 of the company's stock at the close of the day
                                                      stock price or nu mber of outsta ndin g shares arc             of the offerin g by the number of outsti.ln ding
                                                      not included in the statistics.                                shares on the day of the offering. Data from the
                                                  135 See Michael J. Mauboussin and Dan Callahan ,                   Center for Research in Securities Prices (CRSP)
                                                      supra note 112 at 5.                                           and Compustat was used to fill in mi ssi ng
                                                  136 See id. at 26.                                                 informati on on price and outstand ing sha res
                                                  137 See id. at 26 (stating that the percentage of                  from SDC Platinum. Those compani es with
                                                      small compan ies that grew into medium or large                missing a stock price on the offering day or
                                                      companies in the 1990's was between 15-20%                     nu mber of outstanding sha res are not included
                                                      and has now been cut in half).                                 in the statistics. T he offeri ngs with missing data
                                                  138 See id. at 26; Chris Joseph, "What Are the Bene-               include: 44 !PO offerings in 2019 ( 18% of the
                                                      fits of Becoming a Public Company?," Houston                   rotal IPO offerings in 2019), 42 secon da ry equi-
                                                      C/Jro11icle, available at https://smallbusiness.               ry offerings in 2019 (6% of the total registered
                                                      chron.com/benefits-becoming-public-compa-                      eq uity offerings in 2019), 4 1 !PO offerin gs in
                                                      ny-41 66 7.html; see also Kenan Institute, supra               2020 (14% of the total !PO offerings in 2020 ),
                                                      note 73, at 26.                                                and 36 secondary eq uiry o fferings in 2020 (4 %
                                                  139 See Cameron Stanfill and Van Le, "Analyst                      of the total registered equ ity offerings in 2020).
                                                      Note: Index of Venture-B..1cked IPOs: An Analy-                Registered debt offerings have been excluded
                                                      sis," Pitch Book, (A ug. 13, 2020) at 3, available             due to the omiss ion of a significant portion of
                                                      at https://fi. les.pitchbook.com/website/fi.l es/pdf/          the relevant data in SDC Platinum, CRSP and
                                                      Pitch Book_Q3_2020_Analyst_Note_lndex_of_                      Co rnpustat databases to calculate the size of the
                                                      Venture- Backed_lPOs_an_Ana lysis.pdf.                         registered debt issuers during thi s period.
                                                  140 See PriccwaterhouseCoopers, "Considering an               148 See suf>ra note 147 for a descripti on of the
                                                      IPO? First, Understand the Costs," available                   methodology used to estimare registered cquiry
                                                      at https://www.pwc.com/us/en/services/deals/                   offerings by small public compani es. This
                                                      library/cost-of-an-ipo.html. These costs included              graphi c includes all industries thi.lt acco unted
                                                      fees related to underwriting, SEC registrati on,               for over fi ve percent of the total proceeds ra ised
                                                      legal, acco unting, FINRA, exchange listing,                   in registered equity offerings by small public
                                                      printing and miscellaneous. This data shows                    company during one of the respective periods,
                                                      that for offerings with a deal value between $25               excl uding offerings filed by pooled funds. Addi-
                                                      million and $99 milli on, the costs were a larger              tional offerings for industries under five percent
                                                      percentage of the deal value (10% to 15%) as                   accounted fo r approximately S0.9 billion and
                                                      compared to larger deals (generally between 6%                 $1.3 billion in the nine months end ed 2019 and
                                                      and 10% of the total deal value).                              2020, respectively. Offerings by pooled funds
                                                  141 See MichaelJ . Mauboussin and Dan Ca llahan ,                  accounted for approximately 24 million and
                                                      su/Jra note 112 at 27; Kenan Institute, supra                  100 million in the nine months ended 2019 and
                                                      note 73, at 26.                                                2020, respectively.
                                                  142 See Cameron Sta nfill et al., "Analyst Note:              149 See America n Express, "The 2019 State of
                                                      Index of Venture-Backed IPOs: New Tools for                    Women-Owned Businesses Report," (Sept.
                                                      Evaluating Price Performance of VC-Backed                      2019 ), at 3, available at https://about.american-
                                                      IPOs," PitchBook, (M ay 21, 2020) at l, avail-                 express.com/fil es/doc_library/fil e/2019-state-of-
                                                      able at https://files.pitchboo k.com/ website/fi les/          women-owned-businesses-report.pdf.
                                                      pdf/PitchBook_Q2_2020_Analyst_Note_ln-                    150 See id. at 4.
                                                      dex_of_ Venture-B..-.cked_lPOs.pdf.                       151 See id. at 6.
                                                  143 See Cameron Sta nfill and Van Le, supra note              I 52 See id. at 7.
                                                      139, at 5.                                                153 See Jeffrey Sohl , su/Jra note 88 at 2.




                                                  94    I   SEC OFF ICE OF T HE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATIO N




                                                                                                                                                                            Insert offset folio 168 here 43965.168


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                                                                                                       200
                                                  154 See PitchBook-NVCA, supra note 93, at 25.                 that startups with diverse leadersh ip teams out-
                                                  155 See Crunch base, "Funding to the Female                   perform and generate better returns on equity
                                                      Founders, " (Mar. 2020 ) at 13- 14, 16, available         compared to starn1ps with non-diverse teams ).
                                                      at https://about.cru nchbase.com/wp-content/          162 See Jeffrey Sohl, supra note 88, at 2.
                                                      uploads/2020/03/Funding-To-Female--Found-             163 See Pitch Book and All Raise, supra note 160, at
                                                      ers_Report.pdf; see also, International Finance           25.
                                                      Corporation, "Venture Capital and the Gender          164 Id. at 24.
                                                      Financing Gap: The Role of Accelerators" (Feb.        165 See Ewing Marion Kauffman Foundation,
                                                      2020), at 8, available at https://www.ifc.org/            "Who is the Entrepreneur? Race and Ethnici-
                                                      wps/wcm/connect/f62312ad-7ef5-4 690-657d-                 ty, Age, and Immigration Trends among New
                                                      66793ae20a 17/20200216-VC-WeFi-Research-                  En trepreneurs in the United States, 1996-2019,"
                                                      Snapshot.pdf? MO D=AJPERES&CVID=n 151znn                  (2020) at 2, available at htcps://www.kauffman.
                                                      (noting that, for startups raising funds after            org/entrepreneurship/reports/race-ethnici-
                                                      participating in an accelerator, male-led startups        ty-age-immigration-crends-united-states-en-
                                                      raise 2.6 times more equity than female-led               trepreneurs-1996-2019/ (compared to 74.3%
                                                      startups).                                                Whi te, 9.6% African American/Black, 12.2%
                                                  156 See Crunch base, supra note 155, at 7.                    Hispa nidLatino, 3.6% Asian American/Pacific
                                                  157 See Ian Hathaway, "The Ascent of Wom·                     Islander in 1999). Race and ethn icity groups
                                                      en-Foun ded Venture-Backed Startu ps in the               were reported only for Asian, Black, L'"ltino, and
                                                      United Sta tes," Center for American Eltfrepre-           White.
                                                      11eurship, (Feb. 2019) at 16, available at http://    166 See Sma ll Business Administration Office of
                                                      www.startupsusa.otg/women-founded-ven-                    Advocacy, "Small Business Facts: Spotlight on
                                                      ture-backed-startups/.                                    M inority-Owned Employer Businesses," (May
                                                  158 See Gene Teare, "EoY 2019 Diversi ty Re-                  20 19) available at https://cdn.advocacy.sba.
                                                      port: 20 Percent of Newly Funded Startups                 gov/wp-con tent/uploads/2019/05/3 11 31339/
                                                      in 20 19 Have a Female Founder," Cru11cb-                 Small -Business-Facrs-Spotlight-on-Minori-
                                                      base, (Jan. 21, 2020) available at Imps://                ty-Owned-Employer-Businesses.pdf.
                                                      news.cru nchbase.com/news/eoy-2019-di-                167 See id.
                                                      versicy-report-20-percent-of-newly-fund-              168 Andre Perry el al., "Five-Star Reviews, One-Star
                                                      ed-startups-in -2019-h ave-a -female-found -              Profits: The Devaluation of Businesses in Black
                                                      er/#:-: text:: Di versicy%20 % E2 % 80% A2%20             Communities," T/Je Brooki11gs lllstitutio11, (Feb.
                                                      Venture-,Eo Y%2020 19%20Di versicy%20                     2020) at 11, available at https://www.brookings.
                                                      Report%3A %2020%20Percent%20Of%20                         edu/wp-content/upl oads/2020/0212020.02_
                                                      Newly%20Funded%20Startups,2019%20                         DevOfBizlnBlackCommuniries_Perry-Roth-
                                                      Have%20A %20Female%20Founder&-                            well-Harshbarger-final.pdf.
                                                      text= We%20close%20out%20the%20de-                    169 See Jeffrey Sohl, supra note 88, at 2.
                                                      cade,2019%20having%20a%20female%20                    170 See Alicia Robb, "Minority-Owned Em-
                                                      foun der.&text=TI1e%20proportion%20of%20                  ployer Businesses and Their Credit Market
                                                      fema le%20co,which%20stood% 20at%20                       Experiences in 2017," SBA Office of Advo-
                                                       I 0%20percent.                                           cacy, Uul. 22, 2020) at 4, 22, 26, available
                                                  159 See Gene Teare, "2019 Stud y of Gen der Diversi-          at https://cdn.advocacy.s6a.gov/wp-con-
                                                      ty in Private Company Boardrooms," Crunch-                tent/uploads/2020/07/22 172533/M inori-
                                                      base, (Dec. 11, 2019) available al https://news.          ty-Owncd-Employer-Businesses-a nd-their-Crcd-
                                                      cru nchbase.com/news/2019-study-of-gender-di-             it-Market-Experiences-in-2017.
                                                      versicy-in-private-company-boardrooms/.                   pdf?utm_medium=emai l&utm_source=govdeli v-
                                                  160 See PitchBook and All Raise, "All In: Women               ery.
                                                      in the VC Ecosystem," (Nov. 11, 2019) at 3,           171 See RateMyln vestor and Diversity VC, "Diversi-
                                                      available al https://pitchbook.com/news/re-               ty in U.S. Startups," (Feb. 2019) at 8, available
                                                      ports/2019-pitchbook-all-raise-all-in-women-in-           at https://ratemyinvestor.com/diversity_report
                                                      the-vc-ecosystem.                                         (analyzing data on 10,000 founders and 135
                                                  161 See McKinsey & Com pany, "Diversity Wins:                 venture firms ).
                                                      How Inclusion Matters," (May 2020 ) at 3-4,           172 See Marlon Nichols et al., "Deconstructing the
                                                      available al https://www. mckinsey.com/-/media/           Pipeline Myth and the Case fo r More Diverse
                                                      McKinsey/Featured%20Insights/Diversity%20                 Fund Manager," Kauffman Fellows and iWaC
                                                      and%20Inclusion/Diversity%20wins%20                       Veltfure Capital, (Feb. 2020 ) available at https://
                                                      How%20incl usion%20matters/Diversi-                       www.kauffmanfellows.org/journal_posts/
                                                      ty-wins· How-inclusion-matters-vF.pdf; see also,          the-pipeline-myth-ethnicity-fund-ma nagers.
                                                      International Finance Corporation, supra note         173 See Kenan Institute, supra note 73, at 78.
                                                      155, at 11 (citing several recent studies showing     174 See Marlon Nichols et al., supra note 172.




                                                                                                               ANNUAL REPORT : FISCAL YEAR 2020               I   9S




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                                                                                                           201
                                                  175 Id.                                                             I 9%20Investing%20in %20black%20lives%20
                                                  176 See Jeffrey Sohl, supra note 88, at 2; see also,                and%20li velihoods/CO VI D-19-ln vesting-in-
                                                      Jeffrey Sohl, "The Angel Market in 2018:                        black-lives-and-livelihoods-report.pdf.
                                                      More Angels Investing in More Deals at Lower               184 See Stanford Graduate School of Business
                                                      Valuations," Center for Venture Research, (May                  Latino Entrepreneurship Initiative, "The On -
                                                      9, 2019) at 3, available at https://scholars.u nh.              goi ng Impact of COVID-19 on Latino-Owned
                                                      edu/cgi/viewcontent.cgi?article= 1016&contex-                   Businesses," (A ug. 2020) at 8, available at
                                                      t=Cvr#:~:text=The%20average%20angel%20                          https://www.gsb.stanford.edu/faculty-research/
                                                      deal%20size,%2C%20and%20subsequent%20                           pu bl icatia ns/ongoi ng-i m pact-covi d- 19-la ti-
                                                      valuati ons%2C%20decreased .                                    n o-owned-b usi nesses (noting th at thi s is due
                                                  177 See NVCA and Deloi tte, "Hu man Cap ital Sur-                   in part to th e industries in whi ch a substantial
                                                      vey," (20 18) available at https://www2.deloitte.               number o f scaled Latin o-owned businesses are
                                                      com/con ten ti campai gns/us/au di ti survey/di versi-          located, namely constructi on, accommodation
                                                      ry-ventu re-capi tal-h uman -ca pi ta 1-survey-da sh-           and food services, and retail trade).
                                                      board.html. The survey methodology all owed                185 See Gabri el R. Sanchez eta/., "COVID- 19
                                                      for selection of more than one race.                            is I-laving a Devastating Impact on the Eco-
                                                  178 See Robert W. Fairlie, ""n1e Impact of                          nomic Well -Being of L1tino Families, " The
                                                      COVID-19 on Small Business Owners: Con-                         Brookings l11stitutio11, (J ul. 27, 2020) available
                                                      tinued Losses and the Partial Rebound in May                    at https://www.brookings.edu/blog/how-we-
                                                      2020," National Bureau of Economic Researcb,                    ri se/2 02 0/07/2 7/covid-19-i s-ha ving-a-devasta t-
                                                      (Jul. 2020 Working Paper) at 15, available                      ing-impact-on-the-economic-wel l-bei ng-o f-lati-
                                                      at http://www.nber.org/papers/w27462; see                       no-families/.
                                                      also Claire Kramer Mills, "Double Jeopardy:                186 See Priyamvada Mathur, "Quarterly VC Fun d-
                                                      COVID- 19's Concentrated Health and Wealth                      ing for Female Founders Drops to TI1ree-Year
                                                      Effects in Black Communiti es," Federal Reserve                 Low," Pitch Book, (Oct. 8, 2020 ) available at
                                                      Bank of New York, (Aug. 2020) at 1 (" Black-                    https://pitchbook.com/news/artides/vc-fu nd-
                                                      owned fi rms are more likely to be loc..1 ted in                ing-fema le-founders-drops-low (T he funding
                                                      COVID- 19 hot spots, where as white-owned                       ch allenges faced by women in 2020 followed a
                                                      firms are less likely to be in the most heavily                 record 20 19. For example, in the first quarter
                                                      a ffected areas.").                                             of 2019 VC fundi ng hit a decade peak ($950
                                                  179 See Robert W. Fairlie, supra note 178, at 21.                   million across 207 dea ls) and the year ended up
                                                  180 Robert W. Fairlie, "The Impact of COV ID- 19                    with a total of $3.35 billion invested over 709
                                                      on Small Business Owners: Evidence of Ear-                      deals. While VCs have only injected about $1.9
                                                      ly-Stage Losses from the Apri l 2020 Current                    billion into female-founded companies so for
                                                      Population Survey," National Bureau of                          th is year. ).
                                                      Economic Research, (J un. 2020 Working Paper )             187 See 1-icllo Alice Impact Report, "The Impact
                                                      at 9, available al http://www.nber.org.lpapers/                 of COVID- 19 on LGBTQ+ Busin ess Owners,"
                                                      w27309.                                                         (J une 2020) at 10, available at https://alice-da-
                                                  181 See Abby Vesoulis, " "If We Had a Panic Button,                 ta-production.s3.us-east-2.amazon aws.com/
                                                      We'd be Hitting it.' Women are Exiting the L1-                  data_reports/20200908_LGBTQ %2B_Owned-
                                                      bor Force en Masse-and that's Bad for Every-                    Covidlm pactReporr.pdf.
                                                      one," Time, (Oct. 17, 2020) available at https://          188 See id.
                                                      time.com/5900583/women-workforce-eco no-                   189 National Venture C.1pital Association, supra
                                                      my-covid/.                                                      note 24 at 12 ("The capital crunch in the in-
                                                  182 See Tatiana S. Manolova, et al., "Pivoting to                   dustry will be fe lt across the board , but perhaps
                                                      Stay the Course: I-low Women Entrepreneurs                      most acu tely by fo unders and investors in his-
                                                      Take Advantage of Opportunities Created                         torically underrepresented groups, in emerging
                                                      by the COVID- 19 Pandemic," l11tematio11-                       venture ecosystems, and smaller (<$ 100 million )
                                                      al Small Business j ournal, (2020 ) at 484,                     and new venture fund managers. ").
                                                      available at https://journa ls.sagepu b.com/               190 See https://www.ncdc.noaa.gov/billions/.
                                                        do;/1 0.1177l0266242 620949 136.                         19 1 See https://www.practicalbusinessskills.com/
                                                  183 See McKinsey & Company, "COVID-19:                              managing-a-business/planning-for-emergencies/
                                                      In vesting in Black Lives an d Livelihoods,"'                   disaster-preparedness (quoting the "2017 Small
                                                      (Apr. 2020) at 14, citing "Surver of Business                   Business Credi t Survey - Report on Disaster-Af-
                                                      Owners (S BO) - Survey Results: 2012," U.S.                     fected Firms," Federal Reserve Banks).
                                                      Census Bureau, February 23, 2016, uscensus.                192 See https://www.fema.gov/media-li-
                                                      gov, available at https://www.mckinsey.com/-/                   brary-data/144 1212988001- laa-
                                                      media/McKinsey/Industries/Public%20and%20                       7fa978c5f999ed088dcaa815cb8cd/3a_Busi-
                                                      Social%20Sector/Our%20 ln sights/COV!D%20                       nesslnfographic- 1.pdf.




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                                                                                                          202
                                                  193 Dara from the U.S. Census Bureau, American               200 See Center for American Progress, Redefi11i11g
                                                      Community Survey (ACS ) was used by DERA                     Rural America, (Jul. 17, 20 19) at 2 and 4,
                                                      to estimate the popu lati on in zip codes affected           available at https://cdn.americanprogress.org/
                                                      by the natural disasters as described in infra               content/uploads/2019/07/1 7050340/redefin-
                                                      note 198. However, certain zip codes were                    ing-rural-america-_briefl. pdf. For purposes of
                                                      identified as missi ng popu lati on values, so the           this report, a rural area means a non metropoli-
                                                      percentage is likely underestimated.                         tan a rea.
                                                  194 This graphic is based on DERA data . Evaluated           201 See Dan iel Wilmoth, PhD, "Growth in N umber
                                                      from July 1, 2017 to June 30, 2020 using zip                 of Rural Establishm ents," Office of Advoca-
                                                      codes affected by natura l di sasters. Zi p codes            cy, U.S . Small Busi11ess Admi11istratio11, (Dec.
                                                      designated as affected are defined as havi ng one            2019 ) available at https://cdn.advocacy.sba.gov/
                                                      or more residents approved for housing assis-                wp-content/uploads/2020/02/041 11621/Rural-
                                                      tan ce under FEMA's !HP program for natural                  Business-Growth-Fact-Sheet 1.pdf.
                                                      disasters with classifications of Major Disaster         202 Dara from the U.S. Census Bureau, Ameri-
                                                      Declaration and incident start dates between                 can Community Survey (ACS), and the U.S.
                                                      July 1, 2017 and Ju ne 30, 2020. Given the trail-            population growth rate from World Bank was
                                                      ing impact caused by natural disasters, each zip             used by DER.A to estimate th e population in zip
                                                      code affected in that three year period was in-              codes in rural areas. Classification of rural areas
                                                      cluded. Classification of disaster areas are based           are based on the list of 20 19 Q4 rural area zip
                                                      on FEMA Disaster Decl arati on Summaries                     codes from the Center for Medicare & Medic-
                                                      data and FEMA Housing Assistance Program                     aid Services, available at https://www.cms.gov/
                                                      Dara at https://www.fema.gov/about/openfema/                 Medicare/Med icare- Fee-for-Service-Payment/
                                                      data-sets, updated on August 1, 2020. T he clas-             FeeScheduleGen In fo .
                                                      sificatio n method for disaster areas is based on        203 See The Board o f Governors of the Federal
                                                      the methodology in the "2017 Sma ll Busi ness                Reserve System, "Sma ll Business Credit Survey:
                                                      Credit Survey - Report on Disaster-Affected                  2019 Report on Empl oyer Firms" (20 19) .1t
                                                      Firms," Federal Reserve Banks o f Dallas, New                29, available at https://www.fedsmallbusiness.
                                                      York, Richmond, and San Francisco, available                 org/medialibrary/fedsmall business/fil es/2019/
                                                      at https://www.newyorkfed.org/medialibrary/                  sbcs-employer-firms-report.pd f.
                                                      media/sma llbusiness/2017/SBCS- Report-on- Di-           204 Th is graphic is based on DERA data. Classifica-
                                                      saster-Affected-Firms.pdf.                                   tion of rural areas are based on the li st of2019
                                                  195 Evaluated fr om Jul y 1, 20 17 to J une 30, 2020             Q4 rural area zip codes from the Center for
                                                      using zip codes affected by natural disasters as             Medicare & Medicaid Services, as described in
                                                      described in supra note 194.                                 supra note 202 .
                                                  196 See Appalachian Regional Commission, "Entre-             205 See Arny Cortese, Locavesti11g: Tbe Revolution
                                                      preneurial Ecosystems in Appalachi a, Literature             i11 Local lnvesti11g am/ How to Profit From It
                                                      Review" (Sept. 2018 ) at 23, available at http://            (20 1 I ).
                                                      www.arc.gov/wp-content/uploads/2018/09/                  206 https://www.sec.gov/files/2019 _0 ASB_Annu-
                                                      Entrepreneurial EcosystemsLiteratureRe-                      al %20Report.pd f.
                                                      view2018.09.pd f; see also Center on Rural               207 See Small Business Administration, Office of
                                                      Innovation, "The Power of Capital in Rum[                    Advocacy, "Sm all Business Economic Bulletin:
                                                      Entrepreneu rsh ip " (Sep. 22, 2020) available at            April 2020," available at https://cdn.advocacy.
                                                      h ttps://rural innovation. us/ access-to-ca pi ta 1/.        sba. gov/wp-con ten t/u pl oads/2 02 0/04/30 103025/
                                                  197 CD F!s are financial in stitutions that share a              Apri l-2020-Econ- Bulleti n.pdf ("Small fir ms
                                                      common goal o f expanding economic opportu-                  (fewer than 500 employees) accounted for 9.3
                                                      nity in low-income co mmunities by providing                 million net new private-sector jobs fr om 2005
                                                      access to financial products and services fo r               to 2019, or 64 percent of the total. While job
                                                      loca l residents and busin esses. A CDFI may be              creati on rends to flu ctuate from one q uarter to
                                                      a bank, credit uni on, loan fund, microloan fund             the next, small firm s created more jobs than
                                                      or venture capita l fund, https://www.cdfifund.              large firms in 8 o f the last 12 quarters of avail-
                                                      gov/Docu ments/CDF!jn fographic_v08A.pdf.                    ab le data." ).
                                                  198 These include grants, loans, loan guara ntees,           208 See Neil Bhutta et al., "Disparities in Wealth
                                                      and equity products offered by the Department                by Race and Ethn icity in the 2019 Survey of
                                                      of Commerce's Economic Development Admin -                   Consumer Finances," FEDS Notes, Board
                                                      istration , the Departm en t of Treasury's CD FI             of Governors of the Federal Reserve Sys-
                                                      Fund , the SBA , and USDA's Rural Development.               tem, (Sept. 28, 2020) available at https://doi.
                                                  199 See "FDIC Quarterly- Quarterly Banking                       org/ l 0. 17016/2380-7 172.2797 ("W hite families
                                                      Profile: Fourth Quarter 2019" at 35, available               have the highest level of both median and
                                                      at https://www.fdic.gov/bank/analytica l/quarter-            mean family wealth: $188,200 and $983,400,
                                                      ly/2020-vol 14- l/fdic-vl 4 n 1-4q2019-article.pdf.          respective ly. Black and Hispanic families have




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                                                                                                         203
                                                      considerably less wealth than White fam il ies.          221 See Amy Cortese, su11ra note 205.
                                                      Black fam ilies' median and mean wealth is               222 See "Small Public Companies" section of the
                                                      less than 15 percent that of Wh ite families , at            Report above.
                                                      $24,100 and $142,500, respectively. Hispanic             223 See e.g., SEC Press Release 2020-58, SEC
                                                      families' median and mean wealth is $36,100                  Adopts Ame11dme1tts to Redu ce Un11ecessary
                                                      and $165,500, respectively. ").                              Burdens 011 Smaller Issu ers by Afore Appro-
                                                  209 "Concept Release on Harmonization of Securi-                 priately Tailoring the Accelerated and lArge
                                                      ti es Offering Exemptions," Rel. No . 33-10649               Accelerated Filer Definitions (Mar. 12, 2020)
                                                      (Jun. 18, 2019) available at https://www.sec.                available at https://www.sec.gov/news/press-re-
                                                      gov/rules/concept/20 19/33-10649.pdf.                        lease/2020-58; SEC Press Release 2020-1 18,
                                                  210 "Proposed Rul e: Facilitating Capital Formation              SEC Adof}ts Amendments to lmfJr011e Fi-
                                                      and Expanding In vestment Opportunities by                   11a11cial Disclosures about Acquisitio11s a11d
                                                      Improving Access to Capital in Private Mar-                  Disf1ositio11s of Busiuesses (M ay 21, 2020)
                                                      kets," Rel. No. 33-10763, available at https://              available at https://www.sec.gov/news/press-re-
                                                      www.sec.gov/rules/proposed/2020/33- l 0763.                  lease/2020-118 ; SEC Press Release 2020- 192,
                                                      pdf.                                                         SEC Adopt.s Rule Amendments to Modemize
                                                  211 "Final Ruic: Facilitating Capital Formation and              Disclosures of Business, Legal Proceedings,
                                                      Expandi ng Investment Opportunities by Im-                   and Risk Factors Under Regulation S-K (Aug.
                                                      proving Access to C'lpital in Pri vate Markers,,.            26, 2020) available at https://www.sec.gov/
                                                      Rel. No. 33-10884, available at https://www.                 news/press-release/2020-192; and SEC Adof}ts
                                                      sec.gov/rules/final/2020/33-10844.pdf.                       Amendments to Modernize and E11ha11ce
                                                  212 See "Founder Demographics & Capita l Fonna-                  Manageme11t's Discussion and Analysis and
                                                      tion " section of th e Report above.                         other Financial Disclosures (Nov. 19, 2020 )
                                                  213 See "Rural Communities and C'lpital Forma-                   available at https://www.sec.gov/news/press-re-
                                                      tion" secti on of th e Report above.                         lease/2020-290.
                                                  214 See Report 011 the 39tb An11ual Small Business           224 See "COVID-19 and Capital Formation - What
                                                      Forum (Jun. 18, 2020) available at https://www.              is happening in the initial public offering (IPO)
                                                      sec.gov/files/2020-oasb-forum -report-fina l_0.              market?" section of the Report above .
                                                      pdf; see also Transcript of Sma ll Business Cap-         225 A SPAC is a publicly traded company that raises
                                                      ital Formation Advisory Committee Meeting                    cash for the purposes of acquiring a closely held
                                                      (Aug. 4, 2020) available at https://www.sec.gov/             firm and, through the deal , taking it public. See
                                                      info/smallbus/acsedsbcfac-transcript-080420.                 supra note 71.
                                                      pdf.                                                     226 See https://www.sec.gov/page/small -busi-
                                                  215 "Notice of Proposed Exemptive Order Grant-                   ness-capital-formation-advisory-committee.
                                                      ing Conditional Exemption from the Broker                227 See SEC Press Release 2019-61, SEC An-
                                                      Registrati on Requirements of Section 15(a ) of              nounces Members of Small Business Cat1ita/
                                                      the Securities Exchange Act of 1934 fo r Certain             Formation Advisory Co mmittee (Ap r. 25, 2019)
                                                      Activities of Finders," Release No. 34-90 112,               available at https://www.sec.gov/news/press-re-
                                                      available at https://www.scc.gov/ru les/exor-                lease/2019-6 1.
                                                      ders/2020/34-90112.pdf.                                  228 See SEC Press Release 2020-171, SEC A11-
                                                  216 " Final Rule: Accredited Investor Definition,"               11ou11ces New Small Business Capital Formation
                                                      supra note 14.                                               Advisory Committee Members {Aug. 4, 2020)
                                                  217 See, e.g., Roundtable on C'lpital Formation                  available at https://www.sec.gov/news/press-re-
                                                      Between the Coasts, May 6, 2019, at minutes                  lease/2020-171 .
                                                      42-48, archived webcast available at https://            229 "Concept Release on Harmonization of Securi-
                                                      www.sec.gov/video/webcast-archive-player.                    ti es Offering Exemptions," supra note 209.
                                                      shtml?document_id=sbround050619.                         230 "Proposed Rule: Amending the "Accredi ted
                                                  218 See, e,g., Virtual Sma ll Business Fonun (June               Investor" Definition," Release No. 33- 10734
                                                      18, 2020) available at https://www.sec.gov/oasb/             (Dec. 18, 2019) available at https://www.sec.
                                                      sbforum.                                                     gov/rules/proposed/20 19/33- 10734.pdf.
                                                  219 See "Founder Dem ograph ics & Capita l Forma-            231 "Final Rule: Accredited Investor Definition,"
                                                      tion " section of the Report above.                          supra note 14.
                                                  220 See Sarah Lyon s-Padilla, et. al., " Race Influences     232 "Order Designating Certain Professional Licens-
                                                      Professional Investors' Financial Judgments,"                es as Qualifyin g Natural Persons for Accredited
                                                      Proceedi11gs of tbe Natio11al A~demy of Sci-                 Investor Status Pursuant to Rule 501(a)(10)
                                                      ences of the United States of Ameri~, (Aug. 27,              under the Securities Act of 1933," Release No.
                                                      2019) available at https://www.ncbi.nlm.ni h.                33-10823 (Aug. 26, 2020) available at. https://
                                                      gov/pmdarticles/PM C67 l 72 74/.                             www.sec.gov/rules/other/2020/33-1 0823. pd f.




                                                  98    I   SEC OFFICE OF T HE ADVOCATE FOR SMALL BUSINESS CAPITAL FOR MAT ION




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                                                                                                        204
                                                  233 See "Final Rule: Facilitating Capital Formation         blass-speech-pli-investment-management-
                                                      and Expanding Investment Opportunities by               institute.
                                                      Improving Access to C.1pital in Private Mar-        236 See "Temporary Amendments to Regulation
                                                      kets," Release Nos. 33-10884; 34-90300; IC-             Crowdfunding," Release No. 33-10781 (May
                                                      34082 (Nov. 2, 2020) available at https://www.          4, 2020) available at https://www.sec.gov/rules/
                                                      sec.gov/rules/final/2020/33-10844 .pdf.                 interim/2020/33-10781.pd f.
                                                  234 See Jay Clayton, Chairma n, SEC, Remarks            237 See "Temporary Amendments to Regulation
                                                      at Meeting of the Small Business Capita l               Crowdfunding; Extension," Release No. 33-
                                                      Formation Advisory Committee (Nov. 12,                  10829 (A ug. 28, 2020) available at https://www.
                                                      2019) available at htrps://www.sec.gov/news/            sec.gov/rules/interim/2020/33-10829 .pdf.
                                                      public-statement/clayton-remarks-small-busi-        238 See https://www.sec.gov/info/smallbus/acsed
                                                      ness-capital-formacion-advisory-commit-                 acsec-recommendation-05 151 ?-fin ders. pdf.
                                                      tee-111219.                                         239 See https://www.sec.gov/oasb/sbforum .
                                                  235 See Dalia Blass, Director, Division of Invest-      240 See https://www.sec.gov/spotlight/sbcfadsbc-
                                                      ment Management, Speech: PU Investment                  fac-learn-fro m-data.pdf.
                                                      Management Institute {July 28, 2020) avail-         241 See https://www.sec.gov/fil es/2020_Diversi-
                                                      able at https://www.sec.gov/news/speech/                ty_and_ In cl usi on_S trategic_Plan. pdf.




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                                                                                      205




                                                                      www.SEC.gov/OASB
                                                                     smallbusiness@sec.gov
                                                                               202.551.5407
                                                             @SEC_News and #SECSmallBiz




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                                                                                      206




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                                                                                        207




                                                  OFFICE OF THE
                                      ADVOCATE FOR SMALL
                                              BUSINESS CAPITAL
                                                         FORMATION
                                                US Securities and
                                           Exchange Comm ission
                                                   100 F Street NE
                                           Washington, DC 20549
                                                         202.5515407
                                               www.sec.gov/oasb
                                           smallbusiness@sec.gov




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                                                                                                      208

                                      •.•.~ . ~ . ~ .     Celebrating 15 Years
                                           IIIIII SMALL BUSINESS
                                                  MAJORITY

                                                February 3, 2021


                                                The Honorable Maxine Waters                                    The Honorable J im A. Himes
                                                Chainvoman                                                     Chairman
                                                U. S. House Committee on Fina ncial Services                   Subcommittee on National Security,
                                                2129 Rayburn House Office Building                             International Developm ent and Monetary Policy
                                                Was hington, D.C. 20515                                        U.S. House Committee on Financial Serv ices
                                                                                                               2129 Rayburn House Office Building
                                                                                                               Washington , D.C. 20515

                                                RE: Importance of 1·eauthorizing the State Small Business Credit Initiative

                                                Dear Chairwoman Waters and Chairman Himes:
                                                As a representative of Ame rica's 30 million small bus inesses, Sma ll Bus iness Majority writes today to
                                                share comments o n the success of the State Sma11 Business Cred it Initi ati ve (SSBCI) and the importa nce
                                                of reauthori zing this program to better serve s mall bus in esses' credit needs.
                                                Small Bus iness Majority is a national small business o rganization that empowers America's diverse
                                                entrepreneu rs to build a thriving and inclusive economy. We engage our network of more than 8 0,0 00
                                                small bus inesses a nd 1,00 0 bus in ess and co mmunity orga nization s to advocate for public policy so lutions
                                                and deliver resources to e ntreprene w·s that promote equitable small bus iness growth.
                                                The State Small Bus iness Credit Initiative (SSBC I) was a critical resource to st rengthen state programs
                                                th at s upport finan cing for small bus in esses across the count ry, and we strongly s upport reinstating the
                                                program to get ca pital into th e hands of vulnerable s mall bus inesses. With 47 states participatin g, SS BCI
                                                helped direct fund s to 15 2 s mall business prog ra ms, and So % of those funds s upported the s mall est of
                                                businesses with 10 o r fewer employees. By 2 01 5, 4 2 % of the SS BCI funds were for s mall bus in esses
                                                located in low- and moderate in come communities.
                                                SSBCI was s uccessful in part beca use it did not take a one-size-fits-all approach, which is critica l to
                                                addressin g the needs of our nation 's diverse sma ll bus inesses. We've seen the challenges that ca n arise
                                                from a rigid fundin g structure like the Paycheck Protection Program (PPP) that has struggled to d eliver
                                                fundin g to s mall bus in esses owned by people of colo r and vulnerable s mall bus in esses. As a result of a
                                                more flexible approach, the SSBCI prog ram helped dri ve ca pital to unde rserved markets and benefitted
                                                ea rly-stage, rural, tribal, minority-owned , and women-owned bus inesses.
                                                Small businesses, particularly women- and minority-own ed businesses that have been left behind during
                                                th e pandemic, a re still experi encing significant declin es in revenue. Indeed , our most recent research
                                                found more than half of s mall bus inesses report their revenues are down compared to the sa me time last
                                                year and 1 in 5 Black and Latino owned businesses are facing clos ure. These s mall bus iness owners are
                                                looking to Congress to create innovative pathways towards accessing capital. SSBCI has a proven track
                                                record of s uccess that all s mall businesses stand to benefit from and there's no tim e to waste in its
                                                rea uthorizatio n.
                                                Thank you for th e opportunity to s hare comm ents on the importance of reautho rizing this program to
                                                support s mall businesses during this critica l time .
                                                 Sincerely,




                                                J ohn Arens meyer
                                                Founder and CEO

                                                        101515th Street NW, Suite 450 • Washington, DC 20005 • (202) 828-8357 • www.smallbusinessmajority .org




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                                                                                      209




                                                                     ASIAN/ PACIFIC ISLANDER AMERICAN CHAMBER
                                                                     OF COMMERCE AND ENTREPRENEURSHIP




                                                                                  ■
                                                              U.S. House Committee on Financial Services
                                                                         Public/Virtual Hearing
                                                More than a Shot in the Arm: The Need for Additional COVID-19 Stimulus

                                                                      February 4, 2021 10:00 AM ET
                                                               Chairwoman Maxine Waters (CA-43), Presiding

                                                                      Written Testimony on behalf of:
                                              Asian/Pacific Islander American Chamber of Commerce and Entrepreneurship
                                                                              (National ACE)
                                                         United States Hispanic Chamber of Commerce (USHCC)
                                                                     U.S. Black Chambers, Inc. (USBC)




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                                                                                            210




                                       ASIAN/PACIFIC ISLANDER AMERICAN CHAMBER
                                       OF COMMERCE AND ENTREPRENEURSH I P




                                           February 3, 202 I


                                           The Honorable Maxine Waters
                                                                                                                                 •
                                                                                                      The Honorable Patri ck McHenry
                                           Chairwoman                                                 Ranking Member
                                           Committee on Financial Services                            Committee on Financial Services
                                           U.S . House of Representatives                             U.S . House of Representatives
                                           Washington, D.C. 20515                                     Washington, D.C. 20515


                                           Dear Chairwoman Waters and Ranking Member McHenry :

                                           On behalf of the minority business community in the United States, we are thankful for the
                                           leadership and commitment your committee has demonstrated in helping to advocate for small
                                           minority-owned businesses during our current economic crisis.

                                           Collectively, the undersigned organizations represent the interests of more than 9.3 million
                                           minority-owned business enterprises (MBEs) and a network of more than 450 minority
                                           chambers of commerce and business associations across the United States. As the leading
                                           national voices for minority businesses in the United States, we want to your committee is
                                           aware of the incredible risk these businesses are facing and how their economic security will
                                           be threatened by the COVID-19 economic crisis without the proper investment in technical
                                           assistance provided by Minority Business Development Centers (MBDCs) and other local
                                           partners. This model saw tremendous success in deli vering to our minority-owned businesses
                                           the technical assistance they needed to access COVID-19 economic relief such as the Paycheck
                                           Protection Program (PPP), the Economic Injury Disaster Loan (EIDL) program, among key
                                           programs. We stand at an economic precipice in American history, to help businesses survive
                                           and recover, as we continue to fight this unprecedented global pandemic.

                                           The Minority Business Development Agency (MBDA) is the only federal agency solely
                                           dedicated to the development and growth of our nation ' s minority business enterprises. We
                                           urge the increase of funding to be made available to the MBDA through any future federal
                                           stimulus or economic relief packages. The MBDA is an institution that many of our minority-
                                           owned businesses and chambers of commerce throughout the country tum to for resources and
                                           guidance. This funding and support are needed to help us reach more minority-owned
                                           businesses during this pandemic, provide technical assistance, and assist more businesses to
                                           keep their doors open. This funding is critical to saving America' s minority-owned businesses
                                           who are struggling more than any other groups. Our continued collaboration with the MBDA
                                           will lead the economic recovery and job growth for our nation as a result of our technical
                                           assistance, intervention, and support.
                                                                                        Page 1 of 4




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                                                                                      211

                                      As a result of CARES Act funding from the MBDA, many organizations were able to
                                      implement nationwide technical assistance programs to help MBEs during this crisis. Under
                                      the MBDA's leadership, these national business organizations are providing the most accurate
                                      and current information about federal resources available to minority business enterprises,
                                      partnering with our national networks of local, state, and regional minority chambers of
                                      commerce throughout the country. These programs include how to access capital and loan
                                      assistance for stopgap funding such as the PPP, EIDL, and other loan and grant opportunities;
                                      offering in-language resources and tools; and education and training to support small business
                                      resiliency. The programs enlist subject-matter experts to support training, education, and
                                      outreach to ensure our programs are impacting the largest possible number of MBEs in low
                                      minority income (LMI) communities across our country.

                                      The CARES Act grant awards have had a direct impact in saving jobs within the minority
                                      business community. In 2020, the U.S. Hispanic Chamber of Commerce (USHCC) provided
                                      support to more than 6,000 Hispanic and minority-owned businesses through its seven
                                      technical assistance centers at chambers across the country. Furthermore, the USHCC has
                                      hosted over 100 webinars and virtual trainings to help business owners recover and scale
                                      during the pandemic. The U.S. Black Chambers, Inc. (USBC) has served 2,800 businesses
                                      through technical assistance, counsel, and informational resources. The USBC also
                                      implemented new access to capital programs to ensure that its members could stay afloat,
                                      which resulted in over 200 businesses receiving grants and loans totaling$ l, 100,000. To date,
                                      the National Asian/Pacific Islander American Chamber of Commerce and Entrepreneurship
                                      (National ACE) has helped over 300 minority businesses apply for federal assistance through
                                      PPP and EIDL. National ACE has also conducted 41 webinars on financial assistance and 68
                                      virtual events on business recovery and resiliency, providing support to 9,650 businesses and
                                      individuals.

                                      Even before COVID-19, minority-owned businesses have all faced challenges that underscore
                                      their economic fragility. A recent assessment by the Federal Reserve Bank found that minority-
                                      owned businesses were more likely to show signs of limited financial health indicated by
                                      factors such as profitability, credit scores, and a propensity to use earnings as a funding source
                                      for their business. In a recent analysis of data provided by the MBDA, 11 % of small minority-
                                      owned businesses had employees compared with 22% of non-minority-owned businesses.

                                      Prior to the COVID-19 economic crisis, MBEs had been succeeding in spite of the many
                                      historical barriers minority entrepreneurs face as they work to start and grow a business. MBEs
                                      are two to three times more likely to be denied business loans, have one-third of the annual
                                      gross revenues when compared to non-minority owned companies, and are half as likely to
                                      have at least one employee on payroll. When we fail to invest in minority-owned firms, our
                                      economy suffers.

                                      Now, in the midst of this global pandemic, the historical problems facing MBEs have been
                                      exacerbated. A large concentration of minority-owned businesses are particularly susceptible
                                      to disruption and vulnerable to disproportionate challenges. Minority entrepreneurs are the
                                                                                   Page 2 of4




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                                                                                      212

                                      largest population of business owners in service industries including restaurants, laundry
                                      services, salons, and other main street retail. A recent study by McKinsey shows that 51 % of
                                      small business jobs performed by minorities could be vulnerable in the near future, compared
                                      to 47% of non-minorities. McKinsey's recent Business Pulse Survey also indicate that 58% of
                                      these minority businesses are extremely concerned about the financial viability of their
                                      respective enterprise.

                                      Overall, there has been very little data available about the effect this crisis is having on MBEs.
                                      To get a better understanding, the National Asian/Pacific Islander American Chamber of
                                      Commerce and Entrepreneurship (National ACE), in partnership with the U.S. Black
                                      Chambers, Inc. (USBC) and the United States Hispanic Chamber of Commerce (USHCC),
                                      conducted the largest survey of its kind, with Reimagine Main Street. This survey is on the
                                      pandemic's impact on minority businesses and was conducted online from September 28-
                                      November 30, 2020. A total of 8,328 business owners responded, including 893 Asian
                                      American and Pacific Islander (AAPI), 2,208 Black, 879 Hispanic, and 179 Native American
                                      business owners.

                                      The results of our survey, attached to this letter, paint a sobering picture: 10% expect to close
                                      permanently in the next six months, and 45% expect to lay off at least one employee. Thirty-
                                      three percent of Black-owned, 26% of Native American-owned, and 21% of Hispanic-owned
                                      businesses report having less than a month of cash to cover operating expenses. Of the business
                                      owners expecting to lay off at least one employee, AAPis were the highest at 49%. Since the
                                      survey was fielded, COVID-19 cases have surged, averaging more than 1.3 million per week
                                      and over 3,000 deaths per day in our country. Furthermore, our minority communities have
                                      been the most disproportionately affected by this virus from both a healthcare and economic
                                      perspective.

                                      Because of CARES Act grant funding from the MBDA, we now provide consulting, training,
                                      and assistance to our partner organizations and minority businesses alike. We are leveraging
                                      our relationships with banking and financial institutions to provide training and education
                                      around available financing options. We are facilitating trainings; providing technical
                                      assistance; researching traditional and non-traditional financing options and resources on a
                                      national and local level; leveraging existing partnerships and developing new partnerships with
                                      federal agencies and other funders such as local governments, corporations, and nonprofit
                                      foundations to support these training and financial assistance efforts.

                                      We are helping countless MBEs re-enter the economy by providing the training and tools
                                      needed to restart their business safely and strategically. The trainings and resources focus on
                                      providing education to safeguard workers, customers, and workplaces to prevent the
                                      transmission of COVID-19 and other communicable diseases; updating policies and
                                      procedures, including telework and providing remote customer service; the mitigation of cyber
                                      threats in a remote customer services or telework practices; and updating personal protective
                                      equipment (PPE). We connect MBEs to investment and procurement opportunities to help
                                      them pivot, grow, and move their business to a digital, more sustainable model.

                                                                                   Page 3 of 4




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                                                                                      213

                                      We believe that additional technical assistance for MBEs is required and we applaud the
                                      committee for its work in this regard.

                                      If you have any questions or require additional information, please do not hesitate to contact
                                      us at any time. Thank you in advance for your consideration in this matter, we look forward to
                                      future collaboration on these important policy priorities as you continue to design the economic
                                      future of our country through strategic bipartisan legislative action.

                                      Respectfully,




                                      Chiling Tong                     Ron Busby Sr.                   Ramiro A. Cavazos
                                      President & CEO                  President & CEO                 President & CEO
                                      National ACE                     U.S. Black Chambers, Inc.       US. Hispanic Chamber of Commerce


                                      CC: The Honorable Nancy Pelosi, Speaker, United States House of Representatives
                                          The Honorable Kevin McCarthy, Minority Leader, United States House of Representatives
                                          The Honorable Charles E. Schumer, Majority Leader, United States Senate
                                          The Honorable Mitch McConnell, Minority Leader, United States Senate
                                          The Honorable Ben Cardin, Senate Committee on Small Business and Entrepreneurship
                                          The Honorable Marco Rubio, Senate Committee on Small Business and Entrepreneurship
                                          Members of the Congressional Hispanic Caucus
                                          Members of the Congressional Black Caucus
                                          Members of the Congressional Asian Pacific American Caucus




                                                                                  Page 4 of 4




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                                                                                           214




                                                                          ASIAN/PACIFIC ISLANDER AMERICAN CHAMBER
                                                                          OF COMMERCE AND ENTREPRENEURSHIP



                                      Testimony Addendum: National ACE MBDA CARES Act, Technical Assistance Grant Program, Success
                                      and Data to Date
                                      February 3, 2021
                                      The National Asian/Pacific Islander American Chamber of Commerce and Entrepreneurship (National ACE)
                                      serves as a strong advocate of Asian American and Pacific Islander (AAPI) business interests and effects
                                      positive change on all issues that enhance and advance the goals and aspirations of AAPI business owners
                                      and entrepreneurs. We provide a unified voice for the business interests of AAPis with a network of over 65
                                      local chambers and partners throughout the United States.

                                      We represent over 2.2 million AAPI owned businesses who employ over 3.5 million individuals. In the
                                      middle of last year, National ACE received a CARES Act grant from the U.S. Department of Commerce
                                      Minority Business Development Agency (MBDA) to provide education, training, and advising to minority
                                      business enterprises (MBEs) through a technical assistance program.

                                      With this program, we have developed a virtual small business recovery resource center at
                                      www.ACESmallBusiness.org where indi viduals can view past programming, learn about available federal
                                      funding, and connect to our consulting team for complimentary one-on-one consulting to scale their business,
                                      apply for PPP, pivot their business plan, and more.

                                      With the CARES Act grant funding from the MBDA, we created programming and consulting to reach over
                                      9,000 smal l businesses to remain resilient and get access to capital during the pandemic. Our ACE NextGen
                                      program - the millennial entrepreneur arm of our organization - created a series of cohorts, mentorship, and
                                      educational programming to help AAPI millennial business owners apply for PPP, learn from similar
                                      industries, and create a toolkit of best practices during the pandemic to keep their businesses operating safely.
                                      400 AAPI entrepreneurs aged 22-48 participated in the program, many of whom have shared thei r success
                                      stories of jobs created, PPP loans received, and pivoting their businesses.

                                      We have conducted over 100 virtual events for small businesses and nonprofits to help minority and AAPI
                                      businesses navigate Covid-1 9 and the changing economy. As of today, we have helped over 500 AAPI-
                                      business owners apply for federal resources through virtual programming and one-on-one application
                                      assistance. Topics have included applying for EIDL or PPP loans, PPP forgiveness, alternate funding sources
                                      availabl e MBEs, hazards and prevention of Covid-19 in the workplace, management and transition to
                                      telework, identification and mitigation of cyber threats, mitigating the effects of redacted travel or outside
                                      activities, and more.

                                      Lastly, National ACE conducted a national survey fielded from September 28-November 30, 2020. 893 AAPI
                                      business owners responded and the findings were dire : 53% of AAPI businesses report increased debt to keep
                                      their businesses operating; 61% of AAPis missed out on critical aid because they did not believe they were
                                      eligible; and 49% of AAPI business owners report having to lay off at least one employee. Additionally, the
                                      Bureau of Labor Statistics' December 2020 report showed that 44% of AAPI women have been unemployed
                                      for more than six months - the highest rate of unemployment among all demographics.

                                      From this data, we know there is sti ll much work to be completed. National ACE will continue to work to
                                      prioritize our most vulnerable populations in hopes of providing access to an equitable recovery for all
                                      minority business enterprises.




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                                                                                      215




                                      Testimony Addendum: USHCC MBDA CARES Act Technical Assistance Grant,
                                      Program Success and Data to Date

                                      Februa,y 3, 2021

                                      As the voice of our nation ' s 4.7 million Hispanic-owned businesses that, combined, contribute
                                      over $800 billion to the American economy every year, the United States Hispanic Chamber of
                                      Commerce (USHCC) in 2020 received a federal grant from the Minority Business Development
                                      Agency (MBDA) to establish eight national COVID-19 Technical Assistance Centers to design
                                      and execute programs to support the small, Hispanic, and minority business community through
                                      the economic hardships caused by the COVID-19 global pandemic. Since 1979, the USHCC has
                                      built an ecosystem of over 260 local chambers and business associations throughout the United
                                      States, and together we advocate for and work with entrepreneurs to build sustainable, profitable
                                      Hispanic businesses, and strengthen our place in global markets to ensure our economic vitality.

                                      The USHCC CARES Act Grant Program provides bilingual content that educates, informs, and
                                      advises the US Hispanic community about support, news, policy, services, resources, access to
                                      capital, and other information critical to build and sustain awareness about COVID-19 relief for
                                      Latino individuals, families, and their respective businesses. Through this MBDA Grant funding
                                      we have been able to accomplish the following:
                                          • The USHCC through the MBDA CARES Act Grant established eight COVID-19
                                              Technical Assistance Centers (TACs) across our country in major cities with significant
                                              Hispanic and minority populations to provide small minority-owned businesses with free
                                              solutions to increase productivity, information on access to funding and grants, webinars
                                              and trainings featuring subject matter experts, and comprehensive resources and guidance
                                              in English and Spanish, to enable business owners to adapt their models, execution, and
                                              demand-generation processes to the new normal , and thrive.
                                          • The USHCC through the MBDA CARES Act Grant has served more than 10,000 small
                                              minority-owned businesses as of February 1, 2021 and we have identified more than 100
                                              success stories among those businesses served in the form of loans approved, businesses
                                              reopened, employees re-hired, business transformation to digitization, etc.
                                          • The USHCC through the MBDA CARES Act Grant has hosted more than 200 Bilingual
                                              webinars and trainings, with more than 15,000 attendees, these have been offered to
                                              small minority-owned businesses at no cost to them. More than 150 business and
                                              operational topics have been covered they have included; financial literacy, virtual work
                                              tools, utilizing free online tools to grow business branding, customer engagement, e-
                                              commerce and business digitization, SBA' s PPP and EIDL application technical
                                              assistance, budgeting during an economic crisis, business solutions to retain employees,
                                              human resources, legal , and tax compliance, reopening safely to maintain CDC guidelines,
                                              the Main Street Lending Program from the Federal Reserve Bank, international business
                                              opportunities, strengthening procurement capability statements to access other contracting
                                              portfolios, government procurement opportunities, and other relevant topics that have
                                              evolved due to the economic hardships caused by the COVID-19 pandemic.
                                          • The USHCC through the MBDA CARES Act Grant has provided Personal Protective
                                              Equipment (PPE) and other sanitation supplies to more than 2,000 businesses and a




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                                                                                      216

                                                new round of PPE supply drives will take place in the upcoming months to distribute more
                                                supplies.
                                            •   The USHCC through the MBDA CARES Act Grant created a social media resource and
                                                mental health campaign to promote these programs on our social media platforms through
                                                all eight of our chamber technical assistance centers. These campaigns are activated and
                                                have reached more than 25,000 viewers with an estimated 400,000 impressions.
                                            •   The USHCC through the MBDA CARES Act Grant has developed a Bilingual website
                                                www.ushcccares.com which launched at the end of 2020 where people can access
                                                resources and contact the TACs closest to them. To date, more than 2,500 people have
                                                visited this site to gain necessary resources, guidance, and technical assistance. The TACs
                                                work with small minority-owned businesses to review the different resource options
                                                available to their business, these include: access to capital, loans, alternative funding,
                                                health and safety guidelines from the CDC, trainings, credit and tax guidance, operational
                                                best practices, tools from subject matter experts on digital transformation, managing
                                                remote teams, business opportunities, procurement, productivity, and much more.




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                                                                                      217




                                                                               •
                                      Testimony Addendum: USBC MBDA CARES Act Technical Assistance Grant

                                      February 3, 2021

                                      The US. Black Chambers, Inc. (USBC) provides committed, visionary leadership and advocacy
                                      in the realization of economic empowerment. Through the creation of resources and initiatives, we
                                      support African American Chambers of Commerce and business organizations in their work of
                                      developing and growing Black enterprises. Our five pillars of service include; advocacy, access to
                                      capital, contracting, entrepreneur training, and chamber development.
                                      The USBC ' s primary advocacy asks related to the Minority Business Development Agency
                                      (MBDA) are as follow:

                                           •   Formally codify the MBDA to increase the amount of Black-owned businesses;
                                           •   Create an MBDA website to ensure that black-owned businesses can access and navigate
                                               federal resources;
                                           •   Establish an inter-agency council within the MBDA at the U.S. Department of Commerce
                                               to act as an oversight and public reporting mechanism. The inter-agency will also ensure
                                               that Black-owned firms are receiving the prioritization necessary in the months and years
                                               ahead;
                                           •   Increase appropriations levels for the MBDA to seed and scale Black and minority-owned
                                               firms ;
                                           •   Authorize a study within the MBDA to track and report forthcoming revenue opportunities
                                               and solutions for Black businesses following the COVID-19 pandemic;
                                           •   Establish additional Minority Business Development Centers (MBDCs) at additional
                                               Historically Black Colleges and Universities and Low Minority Income (LMI)
                                               communities;
                                           •   Establish a fund within the MBDA that will specifically serve our nation ' s fastest group of
                                               entrepreneurs, Black women; and
                                           •   Ensure that the MBDA prioritizes Black businesses within Science, Technology,
                                               Engineering, the Arts, and Mathematics (STEAM) industries.




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                                                                                                                                               Insert offset folio 188 here 43965.188


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VerDate Nov 24 2008




20:21 Apr 18, 2021


                                         - • Context for this Survey
Jkt 095071




PO 00000
                                              •   Small business and communities of color hard hit by
                                                  pandemic
Frm 00226

                                              •   Limited data available to reflect absolute and relative
Fmt 6601                                          experience of Asian-, Black-, Hispanic- and Native-owned
                                                  small businesses                                                 220
Sfmt 6601


                                              •   Large-scale national survey of small business owners fielded

K:\DOCS\HBA035.100
                                                  from September 28 through November 30, 2020. Large
                                                  samples of Asian-, Black-, Hispanic-, Native- and White-owned
                                                  businesses provide timely insight into impact and pain points.
TERRI




Insert offset folio 189 here 43965.189
                                                                                           221


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                                                                                                                                          Insert offset folio 190 here 43965.190


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VerDate Nov 24 2008




20:21 Apr 18, 2021




Jkt 095071
                                                  Robust Mix of Micro and Small Businesses
                                         2019 Revenue                                                                                   Distribution b y Number of Emplo yees

PO 00000
                                         % of respondents                                                                               % of respondents




Frm 00228




Fmt 6601
                                                         •                                                                                                                                                                                                                    222
Sfmt 6601

                                                                                                              4

                                                                                                                                                                                                                        I                  ~ .lllL

K:\DOCS\HBA035.100
                                                                                                                                      ~lfEmploytd                                                     1 · 10fmployus   ll • SOEmployus   S1 · 100Employ,n IOl • SOOEmploy,n



                                               > $100k    $700,000-       $500,000 ·       S1 Million -     >$10 Million
                                                          > $500,000          >$ 1M       > S10Million
                                                                                                                                                        ■      Asian         893
                                                                                                                                                                                        ■ Hispanic 879                    ■        White         4,169

                                            ■ Asian      893
                                                                  ■ Hispanic 879                  ■ White            4,169
                                                                                                                                                        ■      Black        2,208
                                                                                                                                                                                        ■ Native 179
                                            ■ Black      2,208
                                                                  ■ Native 179
TERRI
                                          ~ - - - - - - - - -»> lillil@                Source: PPS Small Business Survey in partnership w ith National ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October -November 2020)
                                           RE IMAGINE MA IN STREET     @Ofr            ~;~~::%:~/ ~~~~~::~:st;~~~~~: \nb~~;::s~::~l~~;s include 410
                                                                                                                           1
                                                                                                                                              not            respondents   who declined share
                                                                                                                                                                                       to




Insert offset folio 191 here 43965.191
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                                 Skews Toward Established Businesses
Jkt 095071                               Time in Busin ess
                                         % o f resp o ndents

PO 00000
                                                                                                                                                                                        n=4,258




Frm 00229

                                                                                                                                                       n=2,277


Fmt 6601

                                                                                                                                                                                                                                   223
                                                                                                                       n=l ,559



Sfmt 6601
                                                                                        n=234




K:\DOCS\HBA035.100




TERRI
                                                                                    - i ii ff
                                                                                  L ess than 1 Year


                                                                                           ■
                                                                                           ■
                                                                                                  Asian

                                                                                                  Black
                                                                                                               893

                                                                                                              2,208
                                                                                                                      1 - 3 Years



                                                                                                                           ■ Hispanic 879
                                                                                                                           ■ Native 179
                                                                                                                                                    4 - 10 Years


                                                                                                                                                           ■       While       4,169
                                                                                                                                                                                    10 + Years




                                                               >» @lillil   Source : PPS Small Business Survey in partnership w ith Nation~I ACE, US Black Chambers, and US Hispanic Chamber of Commerce [October-November 2020)
                                           REIMAGINE MAIN STREET   @O@      Q27:How manyyearshaveyouow ned/operaledyourbus1ness?




Insert offset folio 192 here 43965.192
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                         Takeaways
Jkt 095071
                                         •   Small businesses have been hard hit to date: 8 in 10 small business owners

PO 00000
                                             surveyed reported negative effects from the pandemic, more than half of
                                             respondents have experienced revenue declines of more than 25%, and 37% are
                                             not operating at full capacity, with an average of almost 10% closed.
Frm 00230

                                         •   It's going to get worse for business owners and their employees: ~ 10% of small
Fmt 6601                                     business respondents expect to close permanently in next 6 months. 44% of
                                             employer businesses that responded have already shed jobs and 45% expect             224
Sfmt 6601
                                             more job losses to come.




K:\DOCS\HBA035.100
                                         •   Small businesses need cash: As expected, most respondents want relief in the
                                             form of grants or another PPP loan. More than one-third of small businesses in the
                                             survey expect to borrow to address COVID-induced cash flow constraints, making
                                             it imperative to ensure liquidity in credit markets, especially for relatively
                                             small-dollar loans.
TERRI




Insert offset folio 193 here 43965.193
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                                 Small Businesses Hard Hit by Pandemic
Jkt 095071                               Effect of COVID-19 Pandemic
                                         % of respondents

PO 00000                                             Asian (~= 893)




Frm 00231                                          Black (n= 2,208)




Fmt 6601                                          Hispanic (n= 879)


                                                                                                                                                                                                                                              225
Sfmt 6601                                           Native (n= 179)




K:\DOCS\HBA035.100
                                                   White (n= 4, 169)
                                                                                                                                                                                                                 ==-,■

TERRI
                                                   Total (n= 8,328)




                                           R El MAGIN E MAIN STREET
                                                                       »>   filfiHil
                                                                            @O@
                                                                                                               ■ Ve,y Negative        ■ Negative        ■ Neuiml          ■ Positive                                       -
                                                                                       Source: PPS Small Business Survey in partnership with Nationa l ACE, US Black Chambers, and US Hispanic Chamber o f Commerce [October-November 2020)
                                                                                       QS: Overall (how) has your business been affected by the COVID-19 pandemic?




Insert offset folio 194 here 43965.194
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                                It's Not Business as Usual for the Majority of Respondents
Jkt 095071                               Status of Operations
                                         % of respondents

PO 00000
                                                       Asian (n = 893)                                                                  42




Frm 00232
                                                     Black (n = 2,208)




Fmt 6601
                                                    Hispanic (n = 879)



                                                                                                                                                                                     226
Sfmt 6601
                                                      Native (n= 179)




K:\DOCS\HBA035.100
                                                     White (n = 4,169)




                                                     Total (n = 8,328)   .   ,




TERRI
                                                                                 ■ Closed (Temp and Perm)   ■ Pan/ally Open   ■ Operacing with Modificaclons   ■ Opetodng as Usual




Insert offset folio 195 here 43965.195
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                                 Revenue Down by > 25% for Most Respondents
Jkt 095071




                                                                                                                                                                                            -
                                         Change in Revenue 2020 vs 2019
                                         % of respondents

PO 00000
                                                                 Asian (n= 893)




Frm 00233




Fmt 6601
                                                               Black (n= 2,208)




                                                            Hispanic (n = 879)
                                                                                        15                                          40

                                                                                                                                                                                            -
                                                                                                                                                                                                                                         227
Sfmt 6601
                                                                Native (n= 179)




K:\DOCS\HBA035.100
                                                               White (n= 4,169)



                                                                                                                                                                                           -
TERRI
                                                                Total (n= 8,328)




                                           RE IM AGINE MAIN $TR EET
                                                                   »> lillillil
                                          ~ - - - - - - - - - -~lilDfr
                                                                                                  ■ Down By at Ltosr 769'

                                                                                                  ■ Down Betwttn 2596 - 759'
                                                                                                                                    Down 2596 or Less

                                                                                                                                ■ Abour che So~
                                                                                                                                                                lncrttise Up ro 2596

                                                                                                                                                            ■ lncttose from 2696-759'
                                                                                                                                                                                           -
                                                                                                                                                                                         ■ lncrtost More Thon 7696




                                                                                   Source: PPS Small Business Survey in partnership with Notiona l ACE, US Black Chambers, and US Hispanic Chamber of Commerce [October-November 2020)
                                                                                   029: Compared with your 2019 year end revenue, what do you anticipate your 2020 year end revenue will be?
                                                                                   Note: Down more than 76% includes businesses that expect lo be permanently closed




Insert offset folio 196 here 43965.196
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                                Expect More Small Businesses to Shut Down
Jkt 095071
                                                         Cash Crisis without Relief                                                                                ~10% of Small Business Respondents Expect to Close
                                           Months of Cash                                                                                                                                  Permanently in Next 6 Months

PO 00000




Frm 00234
                                           % of respondents
                                                 Asian
                                               (n• 893)




                                                  Black
                                              (n• 2,208/
                                                                                                       -.. I                                                     % of Respondents



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                                                                                                                                                                                   J:;
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                                                                                                                                                                                   .S
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                                               (n:879)
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                                               (n= 179)
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                                                 White                                                                                                 I
                                                                                                                                                                                   t
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                                                              ,2                     37




                                                                                                     ~-
                                                                   1
                                              (nz3,688)




                                                  Toca!
                                              (n•B.328)                                                                                                                  ■ Whir, /n= 3,688)             ■ Hispanic (n= 879)       ■ As/on /n= 893)

                                                                                                                                                                        ■ Native (n= 179)               ■ Block (n= 2,208)        ■ All Businesses (n= 8,328)


TERRI
                                                           ■ Ltss than I Month ■ 1·3 Months        4-5 Months   ■ At least 6 months

                                         ~----------»>                      lil@@         Source: PPS Small Business Survey in partnership with Notiona l ACE, US Black Chambers, and US Hispanic Chamber of Commerce; [October -November 2020)            i I
                                         RE IMAGINE M Al N STREET           @Otill        g~~;1~::i:~~t ~~;y~n~,h~,0d~;:nu/;:~:e~~r                        0
                                                                                                                                      cbaut~n:~:~~~~,:~nt~ ~~   ~~in~s:h:P:1: i~~/ (Select  all that apptyJ




Insert offset folio 197 here 43965.197
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                               More Job Shedding Likely
Jkt 095071
                                            ~4 in 10 Small Employers Surveyed Have Already                                                                        Nearly Half of Respondents Expect More Layoffs
                                                               Shed Jobs

PO 00000
                                          Change in Number of Paid Employees
                                          % of Employer Firms

                                                       """
Frm 00235
                                                    fn•74()J


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K:\DOCS\HBA035.100
                                                       WhtU!
                                                   (n•J.514)




                                                        Total
                                                   (n•6,660)


                                                                     ■ o«rr~d II of Paid Emplaytn
                                                                                                                                                                 ■ White (n• 3,514)            ■ Hispanic (n• 756)                ■ Asian (n• 740)
                                                                     ■ f,lo Chon,e In Nurnbtr oj Paid Employrts


TERRI
                                                                     ■ /nuf'OWd If of Paid Employres                                                             ■ Native (n= 132)             ■ Block (n• 1,718)                 ■ All Businesses (n• 6,860)


                                                                                      Source: PPS Small Business Survey in partnership with National ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October -November 2020)
                                                                 »> !il@@             08: Since the Covid-19 pandemic, did your business have a change in the number of paid employees?
                                         REI MAGI NE MAIN STA E ET   lil05:           022: How are you considering managing current or potential cash flow issues? (Select all that apply)
                                                                                      Among respondents that employ others




Insert offset folio 198 here 43965.198
VerDate Nov 24 2008




20:21 Apr 18, 2021




Jkt 095071
                                                  Business Owners Want Relief, With Varying Priorities
                                         Preferences Among Relief Options Presented

PO 00000
                                         % of respondents
                                           100

                                           90

Frm 00236
                                           80

                                           70


Fmt 6601
                                           60

                                           50
                                                                                                                                                                                                                                                                         230
Sfmt 6601
                                           40

                                           30

                                           20




K:\DOCS\HBA035.100
                                           10
                                            0
                                                   Second Round of
                                                          PPP
                                                                              Reduce Tox
                                                                              Obligation
                                                                                                    11111.
                                                                                                    Optimized Export
                                                                                                      Tax Rebates
                                                                                                                                    Reduce Social
                                                                                                                                      Insurance*
                                                                                                                                                                     Grants                Reduce Financing
                                                                                                                                                                                                Costs
                                                                                                                                                                                                                       111111111111
                                                                                                                                                                                                                           Reduce Fixed
                                                                                                                                                                                                                              Costs
                                                                                                                                                                                                                                                        Increased
                                                                                                                                                                                                                                                      Support from
                                                                                                                                      Premiums                                                                                                       Community Orgs

                                                                     ■ All Businesses (n= 8,328)       ■ Asian (n = 893)           ■ Black (n= 2,208)           ■ Hispanic (n= 879)             ■    Native (n= 179)        ■ White (n = 4,169)

TERRI                                                                                Source: PPS Small Business Survey in partnership with National ACE, US Black Chambers, and US Hispanic Chamber of Commerce; (October - November 2020)
                                          ~ - - - - - - - - ->» @@@                  023: Because of Covid-19, there have been a variety of proposed re lief measures. Which of the following would be the most beneficial to your business'? (Select all tha t apply)
                                          R EI MAG IN E MA IN ST R EE T @O@          ~~,:;~;~:;~~s~~~;et~;s~~i!:~: ~'i~~~ do not lay off workers




Insert offset folio 199 here 43965.199
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                                  Imperative to Maintain Liquidity in Credit Markets
Jkt 095071
                                          More than half of respondents say they will need financial                                                                     More than one-third of small businesses
                                              assistance or additional capital in next 6 months                                                                       expects to bo"ow to address COVID-induced

PO 00000
                                         % o f respondents                                                                                                                        cash flow constraints
                                                                                                                                                                  % of respon dents




Frm 00237
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                                                      C                                                                                                           l:
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                                               ■ Whlre /n• 4, 169)   ■ Hispanic (n-879)            ■ Asian (n=893)
                                                                                                                                                             ■ Whire /n= 4,169)           ■ Hispanic (n=879J               ■ Asian (n=893)
                                               ■ Na rive (n • 179)   ■ Black (n•2,208)             ■   All Businesses (nsB,328)

TERRI
                                                                                                                                                             ■ Native (n • 179)           ■ Black /n•2,208)                ■ AJI Buslnessts /n•B,328)


                                         ~ - - - - - - - - - -»>       liHillil     Source: PPS Small Business Survey in partnership with National ACE, US Black Chambers, and US Hispanic Chamber of Commerce; (October- No vember 2020)

                                          RE IMAGINE MA IN STREET      @Ofr         6~~: ~~:ea~=:~~c:~~i:;~i~~ ~oin!~~~;~~rybii~~:~: ;il~~~=~ti~ ~~s~nfl~: :i~~:~~ 7~\:~~ ~~~ ~~1 ~~~~~! opp~)
                                                                                                                                                                  I            1   1




Insert offset folio 200 here 43965.200
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                         Federal Support to Date Not Distributed Equally
Jkt 095071
                                         Success Rate
                                         % Applied x % Received Relief
PO 00000
                                                     Paycheck Protection Program                                                Economic Injury Disaster Loan
                                                      •   $484 Billio n                                                          •   $20 Billio n
Frm 00238
                                                      •   Distributed via private lenders                                        •   Distributed by the SBA
                                                                                                                                         bO
                                              bO                                                                                         C
                                              C


Fmt 6601
                                             -0                                                                                         -0
                                              C                                                                                          C
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K:\DOCS\HBA035.100
                                              IIJ                                                                                          IIJ
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                                                                            ■ White (n= 4, 169)   ■ Hispanic (n= 879)   ■ Asian (n= 893)


TERRI
                                                                            ■ Norive(n= 179)      ■ Black(n=2,208)      ■ All Businesses (n= 8,328)




Insert offset folio 201 here 43965.201
VerDate Nov 24 2008




20:21 Apr 18, 2021




Jkt 095071
                                                 Expectations & Needs for Federal Assistance Vary
                                              Roughly 1 in 5 Small Businesses Did Not Apply for                                                    Majority of Asian, Black, Hispanic and Native Owners Did Not
                                                             Federal Assistance                                                                       Think They Were Eligible vs Almost Half of White Business

PO 00000
                                            % o f respond ents                                                                                                   Owners Who Did Not Need Assistance
                                                                                                                                                   % of resp o nden ts
                                                                                                                                                                   Asian




Frm 00239
                                                                                                                                                                (fl • 2Q6)




                                                        ~                                                                                                          Black
                                                        C:                                                                                                      (n a 421}
                                                       ~

Fmt 6601
                                                       j
                                                      "§                                                                                                        Hl'lpank
                                                                                                                                                                (n= 156)

                                                      ",1:''"                                                                                                                                                                               233
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                                                        ~

                                                      (r_
                                                                                                                                                                  Native
                                                      -2-                                                                                                        (n-<55)
                                                       c.
                                                       C.
                                                      ..:
                                                        0
                                                       z




K:\DOCS\HBA035.100
                                                                                                                                                                  White
                                                      "i5                                                                                                       (n• 923)
                                                       #-

                                                                                                                                                                    To~I
                                                                                                                                                               (n" 1,761}


                                                                                                                                                                                     ■ Did Not. Think My Bus.mess wos Elig1blt
                                                                                                                                                                                     ■ Not oble to ftnd o finondal lnstirution ro proc~s•
                                             ■ White (n• 4, 179)   ■ Hispanic (n=879)             ■ Asian (n"" 893)
                                                                                                                                                                                     ■    Did not nffd osslsronce
                                             ■ NotNe(n=179)        ■ Block (n• 2,208)
TERRI
                                                                                                  ■ All Businesses (n• 8,328)


                                                                                  Source: PPS Small Business Survey in partnership w ith National ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October- November 2020)
                                         ~ - - - - - - - - ->» frHil@             Q6: Hove you applied for any federal financial assistance from any of the following sources? (Select all that apply)
                                         REIMAG I NE MAIN STREET     @Oft         Q9: Why haven't you applied for federal financial assistance~




Insert offset folio 202 here 43965.202
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                         What Do We Think Needs to Happen?
Jkt 095071




PO 00000                                  •   Get the virus under control so that demand returns


Frm 00240
                                          •   In the meantime, provide flexible and sufficient Federal relief for small businesses and
                                              support for credit markets to ensure capital available for Main Street recovery

Fmt 6601
                                          •   Improve data driven insights into segments of small businesses and their workers
                                                                                                                                         234
Sfmt 6601                                 •   Mobilize effective support for small businesses, the people who work for them and
                                              the communities that they serve



K:\DOCS\HBA035.100
                                          •   Support innovation of financial products and distribution channels to reach small
                                              businesses in communities of color at scale


TERRI




Insert offset folio 203 here 43965.203
VerDate Nov 24 2008




20:21 Apr 18, 2021



                                         - • Questions? Contact Us
Jkt 095071




PO 00000




Frm 00241




Fmt 6601
                                                                 Chris Landrigan
                                                                                            235
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                                                        chris@publicprivatestrategies.com



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                                                                                      236




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VerDate Nov 24 2008




20:21 Apr 18, 2021


                                                 Broad Geographic Coverage
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                                                      •     Survey respondents represent all 50 states and three territories (Puerto Rico, Guam
PO 00000
                                                            and the Northern Mariana Islands)
                                                      •     >1,000 respondents in California, Texas
                                                      •     >500 respondents in Florida, Georgia
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                                                      •     At least 300 respondents in Maryland, North Carolina, Illinois, Michigan,
                                                             Pennsylvania and Ohio

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                                                                                                          Top 5 States of Respondents
                                                                                                                                                                                                                                               237
                                                     n= 8,328

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                                                                                                                                                                                                                        VA
                                                                                                                                                                                                                        5%




TERRI

                                         ~ - - - - - - - - - ->» fiHillil   Source: PPS Smal! Business Surv'.=y in partnershii::i ":ilh Nali~na l ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October -November 2020)
                                                                                                                                                                                                                                         1
                                         REIMAGINE MAIN STREET              Q37: Please provide the following demographic 1nformat1on                                                                                                    L(l
                                         ~-------~@□~




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                                         - • Rough Parity Between Male and Female Respondents
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                                         % of respondents
                                         n=B,328

PO 00000




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                                                                                                238
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                                          ~ - - - - - - - - -»> lillillill
                                           REIMAGINE MAIN STREET      lilDlill




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                                                 Respondents Skew Older
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                                         % of Respondents

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                                         n=S,328



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                                                                                                            -                                                                                                                        239


                                                                                   2




K:\DOCS\HBA035.100                                                                                          -
                                                          Age 18-24            Age25-34                       Age35 • 44                    Age 45 • 54                    Age55 • 64                 Age 65 and Over


                                                                                         ■       Asian      n=893        ■       Hispanic n= 879         ■       While     n=4, l 69


TERRI                                                                                    ■       Black     n=2,208       ■       Nativ e    n=l 79

                                          ~ - - - - - - - - - - » > @@@    Source: PPS Small Business Survey in partnership with National ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October-November 2020)
                                          REIMAGINE MAIN STREET            o 3 l:Howoldareyou?                                                                                                                                  22
                                                                   @Olil




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                                                 Broad Range of Industries Represented in Sample
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                                         n= 8,328                                                                                            ~ - - --Water, environment and public


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                                                                                                                                                     facilities management (1)
                                                                                                                                                    - - - - --Manufacturing (9)




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                                                                                Other(31) - - ~




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                                                                                                                                                                          -+- - - Wholesale and Retail (9)                                   240
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                                                                    Non-Profit (1) - - - -~

                                                                Culture, sports and -   -----.J                                                                                           Transport (3)
                                            entertainment (including restaurants) (2)




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                                                                                                                                                                                        Hospitaliry (2)
                                                             Health and Social Work (6)                     ~,
                                                                                                                                                                ~ - - -~             IT and Software (6)
                                                                            Education (4) -     - - --          -   ~ .
                                                                  Residential se,vices, repair - - - - - - - --                                          ~ - --Financial Services (2)
                                                                       and other services (3)
                                                                                                                                                          Real Estale (2)
                                                                                                                                                     Scientific research and
                                                                                                                                                     technological services (5)

TERRI

                                          ~ - - - - - - - - - ->» @liHil        Sour~e: PPS Small Busi.ness Survey i~ partnersh ip with National ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October-November 2020)   _ ,
                                           REIMAGINE MAIN STREET                030.Whatbestdescnbesyourbusinesstype?                                                                                                                  )-J

                                          ~-------~@□@




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                                                   Top 5 Industries by Race/Ethnicity of the Respondent
                                                       Asian                        Black                                Hispanic                           Native                               White                                 Total

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                                                 IT & Tech Services              Construction                       Construction                        Construction                         Construction                         Construction
                                                        (12%)                       (10%)                              (21%)                               (24%)                                (14%)                                (13%)

Frm 00247                                                                      Health and Social               Wholesale & Retail                    f',1cJn,    C, C [lJr r1r~            ''" JnUICl( I r r1~               Wholesale & Retail
                                                Wholesale & Retail                    (9%)                           (7%)                                       I 1''07 I                          I
                                                                                                                                                                                                   I     01                        (9%)
                                                     (10%)

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                                                                                                                           ; v?'J
                                                                                                                                                                                                                                                        241
                                                                                     (8%)                                                                (8%)                                (10%)
                                         0
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                                                                  "
                                                                      I        IT & Tech Services
                                                                                      (8%)
                                                                                                                IT & Tech Services
                                                                                                                       (5%)
                                                                                                                                                    Health and Social
                                                                                                                                                           (7%)
                                                                                                                                                                                         IT & Tech Services
                                                                                                                                                                                                 4%
                                                                                                                                                                                                                              IT & Tech Services
                                                                                                                                                                                                                                     (6%)
                                                   Construction       I




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                                                      (8%)
                                                                      I
                                                                                  Transport &
                                                                                   Logistics
                                                                                     (6%)
                                                                                                           I    Health and Social
                                                                                                                       4%
                                                                                                                                               I    IT & Tech Services
                                                                                                                                                           (4%)
                                                                                                                                                                                    I    Health and Social
                                                                                                                                                                                                (4%)
                                                                                                                                                                                                                        I     Health and Social
                                                                                                                                                                                                                                     (6%)




TERRI
                                             ~ - - - - - - - - - » > @@@                                  ness Survey i~ partnership w ith National ACE, US Black Chambers, and US Hispanic Chamber of Commerce (October -November 2020)
                                                                                    Source: PPS Small Busi_
                                             REIMAGINE MAIN STREET                  Q30:What bestdescnbesyourbus1ness type~                                                                                                                    ..1 •l
                                                                      lrlQ6:        Does not include "Other" ranging from 23% -34%




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