SBA Sued Over Rule Excluding Felons From Loan Program
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What is the lawsuit against the SBA about excluding felons from PPP funds?
Here's your Money Briefing for Wednesday, June 17th. I'm J.R. Whalen for The Wall Street Journal. Ever since the Small Business Administration rolled out its Paycheck Protection Program, it's been making changes to ensure that loans are getting to the places that need them. But there's one group that's still left out, business owners with felony convictions. This week, the ACLU and other civil rights groups sued the SBA over the matter.
They have been particularly concerned about the exclusion of people with certain criminal records because they disproportionately affect business owners in underserved communities, particularly Black and Latino business owners.
Who specifically is barred under the SBA's updated felony and criminal-record rule?
That's our reporter Yuka Hayashi. Coming up, she'll tell us what Congress has to say about the exclusions and what the SBA has done to address the issue.
This week, civil rights groups sued the Small Business Administration over its decision to exclude business owners with criminal records from getting pandemic relief funds. Our reporter Yuka Hayashi is with us with details. So, Yuka, who was specifically excluded from accessing funds under the rule?
Why do civil-rights groups argue the exclusion disproportionately affects Black and Latino business owners?
The SBA recently made a change to its rule, and under the latest rule, it excludes people who have felony convictions that were made within the past year, also possibly affecting a lot more people. It excludes people who are on probation and also people who are charged with criminal offense but have not been convicted. as they wait for their day in court. And this could affect people who are charged with relatively minor offense as well.
Now, the civil rights groups aren't seeking monetary damages here, but what's the significance of this lawsuit?
They have been particularly concerned about the exclusion of people with certain criminal records because they disproportionately affect business owners in underserved communities, particularly Black and Latino business owners.
What reasons has the SBA given for keeping or changing the felony-exclusion rule?
Is there any indication as to why this rule is in place?
Part of the rule was part of the SBA loan program that preceded the PPP but was used as a basis for PPP. Then other restrictions were added later, and some members of Congress have complained that the law that established the PPP did not allow the SBA to impose those types of restrictions.
But the SBA did ease some eligibility restrictions for applicants with past felony convictions, right?
Yes, that's right. They made a change to the rule shortening the exclusion period for those with past felony convictions.
How has the SBA adjusted eligibility and reopened other small-business aid programs?
And this happened on Friday last week amid concerns voiced by business advocates, and lawmakers that that kind of rule affected disproportionately small business owners in underserved communities, including a number of people of color. It was actually part of the administration's broader effort to give better access to their rescue funds for people in underserved communities.
And this week, the SBA reopened another small business aid program to new applicants.
So the SBA has two large programs aimed at helping small businesses weather the impact from the coronavirus crisis. One is the PPP, which is a much larger program. The other one is called the Economic Injury Disaster Loan Program. This one is a smaller program, but it has some features that are not part of PPP. So this program has turned out to be pretty popular. And because there was so much demand, the SBA ran out of money and had the program closed for weeks. And finally, they said that they're going to reopen it.
All right. That's Wall Street Journal reporter Yuka Hayashi. Yuka, thanks for coming on the show.
Thanks for inviting me.
And that's your Money Briefing. I'm J.R. Whelan for The Wall Street Journal.
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Chapters
5 chapters
1
What is the lawsuit against the SBA about excluding felons from PPP funds?
0:05–0:44
2
Who specifically is barred under the SBA's updated felony and criminal-record rule?
0:44–1:16
3
Why do civil-rights groups argue the exclusion disproportionately affects Black and Latino business owners?
1:16–2:16
4
What reasons has the SBA given for keeping or changing the felony-exclusion rule?
2:16–3:01
5
How has the SBA adjusted eligibility and reopened other small-business aid programs?
3:01–4:29
Speakers
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