Excerpts from the FAQ that Jone posted:
FREQUENTLY ASKED QUESTIONS
REGARDING PARTICIPATION OF FAITH-BASED ORGANIZATIONS
IN THE PAYCHECK PROTECTION PROGRAM (PPP)
AND THE ECONOMIC INJURY DISASTER LOAN PROGRAM (EIDL)
1. Are faith-based organizations, including houses of worship, eligible to receive
SBA loans under the PPP and EIDL programs?
Yes, and we additionally clarify that faith-based organizations are eligible to receive SBA loans
regardless of whether they provide secular social services. That is, no otherwise eligible
organization will be disqualified from receiving a loan because of the religious nature, religious
identity, or religious speech of the organization. The requirements in certain SBA regulations—
13 C.F.R. §§ 120.110(k) and 123.301(g)—impermissibly exclude some religious entities.
Because those regulations bar the participation of a class of potential recipients based solely
on their religious status, SBA will decline to enforce these subsections and will propose
amendments to conform those regulations to the Constitution. Although 13 C.F.R. § 120.110(a)
states that nonprofit entities are ineligible for SBA business loans (which includes the PPP
program), the CARES Act explicitly makes nonprofit entities eligible for the PPP program and it
does so without regard to whether nonprofit entities provide secular social services.
2. Are there any limitations on how faith-based organizations can use the PPP and
EIDL loan money they receive?
Only the same limitations that apply to all other recipients of these loans (such as that loan
forgiveness will cover non-payroll costs only to a maximum of 25% of the total loan to a
recipient). The PPP and EIDL loan programs are neutral, generally applicable loan programs
that provide support for nonprofit organizations without regard to whether they are religious
or secular. The CARES Act has provided those program funds as part of the efforts to respond
to the economic dislocation threatened by the COVID-19 public health emergency. Under
these circumstances, the Establishment Clause does not place any additional restrictions on
how faith-based organizations may use the loan proceeds received through either the PPP or
the EIDL loan program.