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Unanimous Consent Request (Cong. Rec., April 9, 2020)

Summary

Page S2168 of the Senate section of the Congressional Record for April 9, 2020, under the heading Unanimous Consent Request. McConnell asks unanimous consent that the Senate proceed to the immediate consideration of the bill at the desk, to be read a third time and passed. Cardin reserves the right to object, calls the request basically a political stunt, and says it does not address the immediate need of small businesses. Cardin says the emergency disaster relief loan program and the grant program of up to $10,000 have run out of money, with 3.8 million requests representing $372 billion of loans and only $7.3 billion of loans authorized.

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“Unanimous Consent Request (Cong. Rec., April 9, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-04-09-crec-2020-04-09-pt1-pgs2168-baddc2ecb2/, SHA-256 b4f851aaea8373f4e1d0faf14992d4917673e733b54f8ca7b895b305d21a2628.

Full text

                                             S2168                                             CONGRESSIONAL RECORD — SENATE                                                         April 9, 2020
                                             CARES Act, including parts that have                      UNANIMOUS CONSENT REQUEST                            from the current numbers. We have to
                                             not even started to work yet.                             Mr. MCCONNELL. Now, Mr. Presi-                       protect small businesses to protect
                                               The country cannot afford unneces-                    dent, I ask unanimous consent the Sen-                 their payroll, and that is what our
                                             sary wrangling or political maneu-                      ate proceed to the immediate consider-                 plans do.
                                             vering. Treating this as a normal kind                  ation of the bill at the desk. I further                 Yesterday, we were informed by the
                                             of partisan negotiation could literally                 ask that the bill be considered read a                 SBA, as the majority leader indicated,
                                             cost Americans their jobs. We are in a                                                                         that we have about $100 billion that has
                                                                                                     third time and passed and the motion
                                             situation right now where passing a                                                                            been processed. Now, that has not been
                                                                                                     to reconsider be considered made and
                                             bill means either unanimous consent or                                                                         distributed yesterday. It hasn’t been
                                                                                                     laid upon the table.
                                             a voice vote. Everyone knows—every-                       The ACTING PRESIDENT pro tem-                        distributed in large numbers because of
                                             one—there is zero chance that the                                                                              documentation problems and know
                                                                                                     pore. Is there objection?
                                             sprawling proposal that our Demo-                         Mr. CARDIN. Reserving the right to                   your customer rules have prevented
                                             cratic friends have gestured towards                    object.                                                some of these funds—a lot of these
                                             could pass either Chamber by unani-                       The ACTING PRESIDENT pro tem-                        funds, the majority of these funds—to
                                             mous consent this week—no chance.                       pore. The Senator from Maryland.                       be released.
                                             The President has already indicated he                    Mr. CARDIN. Mr. President, let me                      Today, applications are being proc-
                                             would not sign it. The country needs us                 just clarify some of the issues the ma-                essed. Tomorrow, applications are
                                             to be nimble—nimble—to fix urgent                       jority leader pointed out. I am afraid                 going to be processed. The day after
                                             problems as fast as we can, to be able                  that this unanimous consent is basi-                   that, applications are going to be proc-
                                             to have focused discussions on urgent                   cally a political stunt because it will                essed because we provided $350 billion.
                                             subjects without turning every con-                     not address the immediate need of                      At this moment, we are at about $100
                                             versation into a conversation about ev-                 small businesses in the legislation that               billion. We are going to have to prob-
                                             erything. We need to patch holes as we                  we have passed, and let me clarify that.               ably provide more money, and we are
                                             see them and keep moving forward to-                      The majority leader indicated that                   all for that.
                                             gether.                                                 the PPP, the Paycheck Protection                         But where is the urgency, as far as
                                               Everybody in the Senate voted to                      Plan, is running out of money. It                      the small businesses are concerned? So
                                             send historic funding to hospitals and                  hasn’t. Thirty percent hasn’t been                     let me go over those. One, the emer-
                                             healthcare providers. Everyone sup-                     committed. It hasn’t been yet released.                gency grant program—this is a pro-
                                             ports funding hospitals. I am in favor                  But there are programs under the                       gram where grants are offered by the
                                             of even more funding for hospitals and                  CARES Act that have run out of                         Small Business Administration. You
                                             providers down the line. I have been                    money. The EIDL program, the emer-                     don’t have to have a banking relation-
                                             talking to a number of them, as I am                    gency disaster relief loan program                     ship with a commercial bank in order
                                             sure our colleagues have, over the last                 which provides funds for businesses—                   to get these loans. It is very, very pop-
                                             couple of weeks.                                        we have allowed businesses that have                   ular—3.8 million requests have come
                                               But certainly, we need to see the ex-                                                                        in, in regards to these loans—3.8 mil-
                                                                                                     been affected by the coronavirus to file
                                             isting funding begin to work before we                                                                         lion, representing $372 billion of loans.
                                                                                                     those claims—that has run out of
                                             know what additional resources may be                                                                            But here is the problem: We have
                                             needed. I have been urging Secretary                    money, and I will give you the numbers                 only authorized $7.3 billion of loans
                                             Azar to push this money onto the                        in a few moments. And the grant pro-                   under the program. That is why we are
                                             frontlines as soon as possible. I am glad               gram that is included in the CARES at                  suggesting, if you add another $50 bil-
                                             tens of billions are going to go out to-                up to $10,000, where a small business                  lion—you can authorize another $300
                                             morrow. There is only one part of the                   can get a grant from the Small Busi-                   billion of loans under the emergency
                                             CARES Act that is already—already—                      ness Administration, is out of funds.                  disaster relief program. Today, if you
                                             at risk of exhausting its funding right                 They need money today in order to                      have requested that loan today and you
                                             now—only one part of the CARES Act                      process applications.                                  requested the average amount that is
                                             is at risk of exhausting its funding                      The SBA doesn’t need money today                     being requested—and you have to show
                                             right now: the Paycheck Protection                      to process the Paycheck Protection                     need in this program—you have got to
                                             Program.                                                Program. The Paycheck Protection                       document the need that the disaster
                                               We are asking small business owners                   Program was negotiated in good faith                   has affected your viability as a busi-
                                             across America to place their faith in                  by Senator RUBIO, Senator COLLINS,                     ness. The average loan is $200,000. That
                                             us. We are asking them to keep work-                    Senator SHAHEEN, and myself, and we                    is what they are requesting.
                                             ers on payroll because Congress, the                    are very proud of that program. It is                    Guess how much money the SBA can
                                             Treasury, and the SBA will have their                   working very well. It is a good pro-                   issue today? It is $15,000. That is an ur-
                                             back. We must not fail them. My col-                    gram. We strongly support it. It is bi-                gent need that we should deal with
                                             leagues must not treat working Ameri-                   partisan.                                              today, and we are prepared to deal with
                                             cans as political hostages. This does                     But this unanimous consent request                   it. There is a second program for
                                             not have to be, nor should it be conten-                was not negotiated. There was no effort                small—by the way, smaller businesses
                                             tious. We don’t have to divide along                    made to follow the process that we                     participate in these programs more so
                                             the usual lines so soon after we came                   could get this done, so it won’t get                   than the PPP program.
                                             together for the country.                               done. It is not going to be enacted, and                 There is a second program. It is a
                                               To    my     Democratic     colleagues,               the majority leader knows that. So                     grant program up to $10,000. Our work-
                                             please—please—do not block emer-                        what Democrats are prepared to make                    ing bipartisan group recognized that
                                             gency aid you do not even oppose just                   clear—every small business that is eli-                there are some businesses that are in
                                             because you want something more. Do                     gible to receive the Paycheck Protec-                  desperate need of cash immediately.
                                             not block emergency aid you do not op-                  tion Plan, we are going to support                     These loans are processed within 3
                                             pose just because you want something                    their applications being received, proc-               days. We have had—so far requests for
                                             more.                                                   essed, and fully funded. We will put as                the grant program, 3.5 million small
                                               Nobody believes this is the Senate’s                  much money as needed to make sure                      businesses have requested funds, total-
                                             last word on COVID–19. We don’t have                    that every small business can partici-                 ing a request for $11 billion on a sliding
                                             to do everything right now. In fact, our                pate that is eligible in that program.                 scale. It doesn’t even give every small
                                             posture of needing unanimous consent                    The UC does not affect that today, but                 business $10,000.
                                             does not even permit us to try to do ev-                what the UC leaves out is where small                    How much money did we appro-
                                             erything right now. We cannot play                      businesses need help today from the                    priate? $10 billion. SBA cannot release




dlhill on DSKBBY8HB2PROD with SENATE
                                             games with this crisis. Let’s pass more                 U.S. Congress.                                         those funds in 3 days because they
                                             noncontroversial funding for Ameri-                       Yesterday, we had an opportunity to                  don’t have the money to do it. The UC
                                             cans’ paychecks. Let’s do it today, and                 find out the numbers—and as the ma-                    by the majority leader does not provide
                                             then let’s continue to work together                    jority leader pointed out, we have got                 that money so that those small busi-
                                             with speed and bipartisanship. We will                  to get this right. There are 6.6 million               nesses can get that cash. That is not
                                             get through this crisis together.                       more uninsured today, as we learned                    provided.



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                                             April 9, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                  S2169
                                               Now, we got that information yester-                    UNANIMOUS CONSENT REQUEST                            nizing the demand would be huge, as it
                                             day, and maybe the majority leader                        Mr. VAN HOLLEN. Mr. President, re-                   is on other programs. It is not just in
                                             didn’t have it, but we can tell you they                serving the right to object.                           need of more money. It needs some im-
                                             can’t issue those grants, and that is                     This is an unfortunate moment for                    portant fixes, which I daresay would
                                             under the CARES Act, and that is out                    the U.S. Senate. We came together on                   have bipartisan support as well.
                                             of money.                                               a bipartisan basis just a very short                     I don’t know if the majority leader
                                               I am also going to tell you some sto-                 time ago to pass the CARES Act. It                     saw the letter just this morning from
                                             ries we have heard in Maryland, and we                  passed here 96 to nothing. That fol-                   the National Restaurant Association.
                                             have heard it all over the country. I                   lowed two other bipartisan efforts that                Here is what they say:
                                             have heard from small businesses that                   came out of the House, passed the Sen-                   The PPP is funded at $349 billion, and we
                                             went to their bank in order to partici-                 ate, and were signed by the President,                 expect that lenders will reach that ceiling
                                                                                                     again, with overwhelming support.                      shortly. We appreciate the bipartisan calls
                                             pate in the PPP loan, and they were
                                                                                                       Yet, today, we see from the majority                 this week to provide prompt additional fund-
                                             told that they didn’t have a credit                                                                            ing for the program.
                                             card, so the bank wasn’t going to write                 leader a complete political stunt here
                                                                                                     on the floor of the U.S. Senate—some-                     Then they go on to say:
                                             the loan, or they hadn’t had a previous
                                                                                                     thing that does not have bipartisan                      However, equally important is the need to
                                             loan with that bank, so the bank is not                                                                        address the limitations of the program that
                                             going to write the loan.                                support, something that is go it alone,
                                                                                                                                                            do not recognize the unique and evolving
                                                                                                     take it or leave it, and totally violates
                                               We have heard from some community                                                                            challenges of the restaurant business cycle
                                                                                                     the spirit all of us have been working                 and our path to recovery.
                                             banks that they can only handle exist-
                                                                                                     on during this crisis where we were
                                             ing customers; they can’t do additional                                                                          This is not a Republican group or a
                                                                                                     able to come together in the U.S. Sen-
                                             customers at this point. We have heard                                                                         Democratic group. This is a group that
                                                                                                     ate and the House of Representatives
                                             from rural small businesses; they can’t                                                                        represents    small     businesses,  res-
                                                                                                     with the White House to, on three prior
                                             find lenders who will write these notes.                                                                       taurants, just trying to get by, and
                                                                                                     occasions, pass legislation in a way
                                             We have to do a better job.                                                                                    what they say to us this morning is:
                                                                                                     that addressed the issues that are im-
                                               What did we find out yesterday? Of                                                                           Yes, we do need additional money. We
                                                                                                     portant to this country.
                                             the total 7(a) lenders that are out there                 Yet, today, we have this situation                   know that. But equally important,
                                             today, about 90 percent were certified                  where the majority leader knew full                    let’s fix some of the kinks, and there
                                             before the CARES Act. We have only                      well there was not agreement and con-                  are kinks in this program.
                                             increased their numbers by about 10                     sensus on moving forward with this                       I got a letter at 12:44 a.m. this morn-
                                             percent. That is not enough. We can’t                   proposal. That is why we are here                      ing from a small business owner who
                                             reach these underserved communities.                    today. This was, in fact, designed to                  had been banking with Wells Fargo.
                                             We have to do a better job in reaching                  fail, designed as a political stunt. It is             Then, of course, Wells Fargo hit the
                                             these underserved communities so that                   actually not the first time we have                    cap. We thought we had dealt with that
                                             a small business that doesn’t have that                 seen this. You may recall that, just be-               in recent days. But he is not sure he is
                                             type of relationship with a bank can                    fore we came together and passed the                   still going to be able to get that loan
                                             still participate in the Paycheck Pro-                  CARES Act 96–0, the majority leader                    through Wells Fargo, and he says:
                                             tection Plan. This UC does nothing at                   came to the floor of the Senate back                     I’ve also now looked at more than 100
                                             all about that issue—nothing at all                                                                            websites of 7(a) lenders in the greater DC
                                                                                                     then and tried to ram through an un-                   area and have found that NONE—capital let-
                                             about that.                                             finished product while negotiations                    ters NONE—will accept a PPP application
                                               The urgent issues are not dealt with                  were going on between Secretary                        from any small business that did not bank
                                             in this UC. That is why the process of                  Mnuchin and Democrats in the House                     with them before February 15, 2020.
                                             negotiating—allowing us to come to-                     and the Senate to try to finalize the                    Here are some other headlines in re-
                                             gether and figure out what is the best                  bill, and that actually caused unneces-                cent days:
                                             way to move forward—will result in us                   sary delay. But the majority leader                      ‘‘Baltimore-area small businesses
                                             actually getting something done to                      came to the floor then and tried to ram                complain of continuing problems gain-
                                             help the small business community.                      it through. It didn’t work then, and it                ing access to federal lending program.’’
                                             There are other urgent needs. My col-                   is not going to work today.                              ‘‘ ‘Nightmare’: 3 small-business own-
                                             league, Senator VAN HOLLEN, is going                      I would ask the majority leader—and                  ers describe process of applying for
                                             to talk about some of these.                            I think all of us would—to go back to                  PPP coronavirus loans.’’
                                               The healthcare issues, my colleague                   trying to address these issues the way                   The Journal Record: ‘‘Community
                                             and I have participated in numerous                     we addressed them in a successful man-                 bankers frustrated with PPP rollout.’’
                                             conference calls over the last 2 weeks.                 ner before. I am going to shortly pro-                   Another headline, this one from an-
                                             I am sure my other colleagues have                      pose an amendment that addresses                       other part of the country: ‘‘PPP loan
                                             done the same. We have heard from our                   some of those concerns—an amendment                    plan a mess so far for small businesses
                                             healthcare providers, that they are                     to the majority leader’s proposal.                     riding out coronavirus crisis.’’
                                             ready to close the doors. They need im-                   I would like to address some of the                    ‘‘Billions ‘disbursed’ through Pay-
                                             mediate help and a lot more than the                    issues first, and my colleague, Senator                check Protection Program? Small busi-
                                             $100 billion that has been provided.                    CARDIN, has addressed many with re-                    nesses say not yet.’’
                                                                                                     spect to small businesses. First of all,                 The Wall Street Journal: ‘‘Big Banks
                                               We talked to our Governor yesterday.
                                                                                                     he pointed out that the one program to                 Favor Certain Customers in $350 Bil-
                                             He is the head of the National Gov-
                                                                                                     help small businesses that has actually                lion Small-Business Loan Program.’’
                                             ernors Association. They requested $500
                                                                                                     really run out of money is the emer-                     Another article: ‘‘Many small busi-
                                             billion. They need money. Their reve-
                                                                                                     gency loan and grant program.                          nesses are being shut out of the new
                                             nues are down. We know we didn’t do                       Let’s talk about the PPP program.                    loan program by major banks.’’
                                             right for the District of Columbia. We                  This is a really important program to                    Mr. President, what we are saying
                                             know we didn’t do right for smaller                     incentivize small businesses and non-                  here today is, yes, we know we need
                                             communities. We need to correct that                    profits to keep employees on the pay-                  more money for this program. Many of
                                             now because they can’t stay in busi-                    roll and allow them to help keep the                   us predicted this before we passed the
                                             ness today. It is urgent, and the UC                    lights on, pay fixed costs, pay the                    CARES Act. But for goodness’ sakes,
                                             does nothing to help in that regard.                    mortgage, pay the rent, whatever it                    let’s take the opportunity to make
                                               So, Mr. President, if I could, I would                may be, so that they can emerge on the                 some bipartisan fixes to allow this pro-




dlhill on DSKBBY8HB2PROD with SENATE
                                             like to allow my colleague from Mary-                   other side of this storm without having                gram to work better for the very peo-
                                             land, whom I believe has a reservation                  had to fold. Many of us anticipated                    ple it is designed to help: small busi-
                                             also, and then he has a UC request of                   long before the CARES Act passed that                  nesses, nonprofits.
                                             his own.                                                this program would need more money.                      That is what they are asking us to
                                               The ACTING PRESIDENT pro tem-                         I was part of a group that proposed $600               do. That is what the restaurant asso-
                                             pore. The Senator from Maryland.                        billion for a program like this, recog-                ciation is asking us to do. That is what



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