Congressional Record, Senate, May 5, 2020, Page S2227 — Nominations and Small Business Lending

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A page of the Congressional Record, Senate, dated May 5, 2020, at page S2227, from a speech criticizing two nominees. The speaker says Mr. Miller must answer questions from the Committee on Banking, Housing, and Urban Affairs about his role in the White House Counsel's Office before being confirmed to a position that requires genuine independence, and says that confirming Mr. Ratcliffe would repeat the mistake of ignoring warnings that happened in the coronavirus crisis. The speaker then turns to small business lending transparency, urging oversight and accountability for the trillions of dollars in relief programs, and raises questions about the Special Inspector General for pandemic recovery.

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“Congressional Record, Senate, May 5, 2020, Page S2227 — Nominations and Small Business Lending.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-05-crec-2020-05-05-pt1-pgs2227-4-26de40720d/, SHA-256 efad2c8663346be42cbe4b7be5005d9eca593ddfa399842d4cfa7dc2d0a415c4.

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May 5, 2020 CONGRESSIONAL RECORD — SENATE S2227
result of an administration that did please the President. Mr. Miller needs SMALL BUSINESS LENDING TRANSPARENCY
not take COVID–19 seriously enough to explain why the Senate should con- Madam President, finally, on small
early enough and refused to heed the firm him to a position that requires business lending transparency, over the
warnings of public health officials and genuine independence. In particular, he past several months, Congress has pro-
scientists. must answer specific questions from vided historic levels of funding to help
The same phenomenon of the Presi- the Committee on Banking, Housing, small businesses retain employees,
dent’s not wanting to hear the truth and Urban Affairs about his role in the meet payroll, and stay afloat during
will hurt us dearly when it comes to White House Counsel’s Office and what these turbulent times. Because of the
national security as well. If the Direc- issues he has worked on. It is not ac- depth of this crisis, we have dedicated
tor of National Intelligence can’t stand ceptable to hide behind vague asser- trillions—not billions but trillions—to
up and tell the President what is really tions that he can’t answer those ques- this effort. We must absolutely make
happening, even when the President tions. It is too important. The burden sure these relief programs are imple-
doesn’t want to hear it, our country on Miller is to demonstrate that he can mented properly. With so much tax-
will be dramatically less safe—the be a truly strong and independent in- payer money at stake, oversight, trans-
same thing that has happened during spector general. parency, and accountability are musts.
the coronavirus crisis. If we move CORONAVIRUS Issues with the small business lend-
RATCLIFFE and pass him, we will repeat Madam President, there are serious ing programs cropped up almost as
the same mistake that the President questions about the fitness of both of soon as the administration began im-
has made on COVID. Not hearing the these nominees—Mr. RATCLIFFE and plementing them. Truly, small busi-
truth, not acting on the truth, listen- Mr. Miller. Yet, more broadly, the Re- nesses had a difficult time in securing
ing to flattery and not much else, publican leader has made a mistake by loans while larger businesses that had
which we did on COVID, will be re- choosing to dedicate this session to standing relationships with big banks
peated on national security. nominations only instead of to urgent had a much easier time. Minority-
Now, I think many of my Republican legislative business—COVID–19. owned businesses, women-owned busi-
colleagues actually know this. This is We could and should be focused on nesses, and other unbanked busi-
not the first time that President issues like testing. The first diagnosed nesses—the proverbial small restaurant
Trump has floated RATCLIFFE’s name— case of COVID–19 was diagnosed here in owner, the butcher, the baker, the can-
it is the second—because, the first the United States just over 100 days dlestick maker—have been left out to a
time, the Republicans balked. Many ago. We still don’t have a national test- large degree. We tried to rectify some
Republicans whispered: He has no expe- ing strategy that is adequate. In early of these problems, particularly in
rience. Some Republicans said to one March, President Trump said that any- COVID 3.5, but more must be done.
another and to some of us: You don’t body who needs a test gets a test, As Justice Brandeis said: ‘‘Sunlight
need someone in the DNI who is just a which has entered the pantheon of is the best disinfectant.’’ Transparency
cheerleader for the President; you need Presidential lies, alongside: ‘‘I am not around these programs is the order of
someone who knows intelligence and a crook,’’ and ‘‘Read my lips: no new the day. So, this afternoon, Senator
will speak the truth. taxes.’’ It was not true then, and it CARDIN and I will ask the Senate to
There is no new evidence that Mr. isn’t true now. We still don’t have a pass legislation that demands new dis-
RATCLIFFE will act with the necessary situation in which everyone who needs closure requirements for the Paycheck
independence. Nothing has changed a test and wants a test gets one. Protection Program and other disaster
about RATCLIFFE’s qualifications since As nations around the world, like relief accounts. Our bill is very simple.
he was shot down by the Republican South Korea and Canada, flatten the It would require the daily and weekly
Senators in their saying he was the curve with rigorous national testing reporting of the PPP, the Economic In-
wrong man for the job. Yet some- programs, the United States—this jury Disaster Loan, and debt relief pro-
times—all too often in this Senate and great United States, usually the leader grams to be broken down, in each case,
to the detriment of this country—even of the world—is lagging so far behind. by geography, demographics, and in-
when my Republican colleagues know So, today, 42 Senate Democrats are dustry. The data would need to be
the President is wrong, they go blindly sending a letter, demanding that the downloaded and would include the
along with him anyway. That happened Trump administration fulfill its re- names of the entities and the loans or
with COVID and will now happen with sponsibility to produce a comprehen- grant amounts. It would need to detail
our intelligence agency. I hope it is not sive, national strategic plan of action whether the programs are reaching un-
the case. I hope Mr. RATCLIFFE’s nomi- by May 24. Congress provided $25 bil- derserved communities.
nation will be roundly rejected, as it lion in the last round of COVID legisla- This is hardly a controversial idea.
should be. tion to help build up our testing capac- There is nothing partisan about it. Our
NOMINATION OF BRIAN MILLER ity. The administration needs to take legislation would simply require the
Madam President, the second hearing those resources and produce results. basic transparency we expect from any
this morning is in the Senate Com- We have given him the money and the Federal program—certainly, one of this
mittee on Banking, Housing, and wherewithal. Where are they? The size and importance. It is my hope that
Urban Affairs on Brian Miller to be the strategy they must come up with must my Republican colleagues will not
Special Inspector General of the pan- include a strategy for managing supply block our request simply because it
demic relief efforts. Having an inde- chains and for making sure resources comes from this side of the aisle. I
pendent, experienced, and strong IG to are equitably allocated and a strategy would hope, on a day when the Repub-
oversee the administration’s use of tax- to use all available tools, like the De- lican leader has scheduled literally no
payer funds in this pandemic is criti- fense Production Act, to make sure we business on the floor of the Senate,
cally important. Under President reach the level of testing that will that we could come together to pass
Trump, who has been firing IGs left manage this disease, save lives, and get this very simple bill to make sure we
and right simply because they tell the our economy moving again. know how taxpayer dollars are being
truth and who believes that he is ac- Until we have a vaccine, the most spent.
countable to no one, selecting a truly important tool we have at our disposal I yield the floor.
independent watchdog is essential and for tracking the disease, limiting its The PRESIDING OFFICER. The Sen-
urgent. spread, and understanding where we ator from Illinois.
As someone who currently works di- can safely open is testing, testing, test- CORONAVIRUS
rectly for President Trump as a mem- ing. We await the President’s response Mr. DURBIN. Madam President, to
ber of his White House Counsel’s Office, to our letter and want to work with the date, more than 1 million people have
Mr. Miller’s independence from the administration to make sure we can contracted coronavirus in the United
President is very much in doubt. We end its embarrassment of inadequate States—61,000 in the State of Illinois.
need a strong, tough IG. Billions of dol- testing, which, frankly, is far more Sadly, we are quickly approaching a
lars are being spent. We don’t want than an embarrassment—it is crucial. death toll of 100,000 Americans. While
someone who has in his mind: I have to It is life and death. more people continue to contract and

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S2228 CONGRESSIONAL RECORD — SENATE May 5, 2020
succumb to the virus, another alarm- Kentucky, Mr. MCCONNELL—kind of we know that there are groups of
ing trend has come to light. The warned us about the next stage of the Americans who are suffering and that
coronavirus disproportionately affects debate when it comes to this many will die.
minority communities. Black Illi- coronavirus. He warned those of us on So I would just say to the Republican
noisans make up less than 15 percent of this side of the aisle not to see this cri- leader, yes, I hope that our experience
the State’s overall population. How- sis as the basis for fundamentally from this coronavirus makes us all
ever, they account for 34 percent of all transforming our country. Well, I want vow, on both sides of the aisle, to truly
coronavirus deaths. In Chicago, Black to say to my colleague from Kentucky change America for the better when it
residents account for 52 percent of the and all other colleagues, if we don’t comes to healthcare and health protec-
total coronavirus deaths despite their learn from this crisis the weaknesses of tion. That is a must.
comprising only 30 percent of the city’s this great Nation when it comes to Last week, I had the opportunity to
population. healthcare, if we don’t understand the speak with several Illinois-focused
Recently, a survey of Latinos in Illi- inequities of this great Nation when it community development financial in-
nois, who make up 17 percent of our comes to healthcare, and if we don’t re- stitutions. These organizations do
State’s population, surpassed Black Il- solve to do something about it, shame amazing work by offering lending serv-
linoisans in confirmed cases of on us. If at the end of this crisis we ices to small businesses and popu-
coronavirus. Now Latino Illinoisans ac- breathe a sigh of relief and say that lations that are typically overlooked
count for 23 percent of confirmed cases now we will go back to business as by the big banks. They were grateful
in the State—the most cases of any usual, wherein health disparities are for the work we have done so far and
race or ethnicity. Last week, on a call accepted in this country, shame on this for the legislation we have passed, but
with the Illinois community health Senate. they had suggestions on how to im-
centers, I learned that, of the 34,000 Af- Yes, I want to see our way through prove the Small Business Administra-
rican Americans who were tested in Il- this crisis with the fewest number of tion’s Paycheck Protection Program to
linois, 36 percent were positive for infections and the fewest number of ensure that financial relief makes it to
coronavirus. Of the 24,000 Latinos test- deaths. That is our immediate goal—to minority-, women-, and veteran-owned
ed, 62 percent tested positive—62 per- protect America and to restore the small businesses.
cent. Compare that to the 73,000 White economy. Yet, when it is over, if we In addition, I am working with my
Illinoisans tested for coronavirus, don’t step back and take a look at colleagues to help ensure that vaccine
wherein 18 percent tested positive. what we have learned from this crisis and drug trials that are related to
Latino and Black populations in Illi- and vow to make America stronger, COVID–19 include diverse patient popu-
nois and across the Nation are bearing fairer, and more just when it comes to lations and are widely available and af-
the brunt of this pandemic. As we con- healthcare in this country, shame on fordable. I have cosponsored the
tinue to hit new, grim milestones dur- us. COVID–19 Racial and Ethnic Disparity
ing this public health crisis, these dis- There are those who voted against Task Force Act with Senator KAMALA
parities are a sobering reminder of the every aspect of the Affordable Care HARRIS. This important piece of legis-
historical inequities of our healthcare Act—so-called ObamaCare—10 years lation would create a task force com-
system in our country. Nationwide, ago. I remember it well. Not a single prised of healthcare, economic, and
Black and Latino Americans are more Senator from the other side of the aisle government leaders to provide rec-
likely to have chronic diseases, such as would support our effort to reduce the ommendations about how to best allo-
diabetes, asthma, and heart disease, number of uninsured people in America cate resources to address racial dispari-
and are less likely to have health in- dramatically. We barely passed it—by ties in our healthcare system.
surance than are White Americans. one vote in the U.S. Senate and with When the Senator from Kentucky,
These health gaps are the result of his- Senator Harry Reid as the majority the majority leader, comes to the floor
toric and structural inequality, includ- leader at the time—and without any and says to those of us—warns those of
ing their exposure to trauma, racism, help, without any votes, from the other us—on this side of the aisle not to use
stigma, and food deserts, and this pan- side of the aisle. And what happened? this healthcare crisis as an excuse or
demic magnifies the need to imme- In my State, the number of those who an opportunity to transform America,
diately address them. were uninsured was cut in half by this is he wedded to the racial inequality
Black and Latino Americans are also so-called ObamaCare. Proudly, I call that we see in our system in his warn-
more likely to hold frontline jobs that the Affordable Care Act ‘‘ObamaCare.’’ ing us not to try to address it? I hope
have been deemed essential in the food, Since then, those on the other side of not. I hope that we can have a bipar-
retail, and service industries. That in- the aisle have been resolute in their de- tisan approach to making this system
creases their risk of contracting the termination to repeal it, not to replace fairer in its reaching more people.
coronavirus when reporting for work. I it with anything that is better—they This week, I am introducing the
have spoken with many community or- don’t even have a replacement—and to Health Heroes 2020 Act, and here is
ganizations, such as the First Ladies give up on our quest of making sure what is behind it: As we all put up
Health Initiative and West Side United, that every American has the peace of signs in our windows and yards across
as well as the Illinois community mind for having the protection of America to thank healthcare workers
health centers, and they have all health insurance—affordable, quality for risking their lives, we understand
stepped up to help Illinoisans find solu- health insurance. that these doctors, nurses, and lab
tions to these challenges. Yet we can’t At the end of this health crisis, are technicians and these people who work
just talk about the problem. We need we still going to hear the other side of in nursing homes who are taking care
to put solutions on the table. the aisle arguing that we shouldn’t of the elderly folks, as well as those
Congress needs to step up. I am work- dedicate ourselves to reducing the who clean up and provide food, are all
ing with the Illinois congressional del- number of uninsured? I hope they will healthcare workers who are risking
egation to improve our Nation’s take the time, as I have, to talk to ad- their lives to do their work. I thank
coronavirus data collection efforts so ministrators at hospitals about what is them. We should all thank them day in
that we can better understand and ad- happening in their emergency rooms, and day out.
dress these racial disparities. It is un- in their surgical suites, and in other Yet what are we going to do about
acceptable that not all States are cur- places in which they have had to ad- recognizing the work they have done?
rently reporting coronavirus incidents dress this crisis firsthand. One major First, I think we ought to com-
and deaths by race. We need these vital hospital in Chicago said that half of pensate them for jobs well done. Sen-
statistics to help the Federal Govern- the people in that hospital who have ator BOB CASEY has legislation on that
ment, as well as the State and local died from coronavirus-related disease subject, which I am happy to support.
governments, to develop plans to pro- had no health insurance. Is this a coin- Beyond that, what can we do for our
tect our most vulnerable populations. cidence? No. It is a pattern. Without healthcare workforce? Why is it that in
A few moments ago on the floor, the health insurance and with gross dis- the United States of America the best
Republican leader—the Senator from parities in the delivery of healthcare, and brightest, who get great grades in

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May 5, 2020 CONGRESSIONAL RECORD — SENATE S2229
high school, go through college taking will not move forward when it comes to COVID virus infection. United Food
the tough courses and getting good dealing with these challenges without and Commercial Workers, which rep-
grades, get accepted to medical school, addressing one issue, and that was the resents many of these plant workers,
and after working hard for 4 years or issue of legal liability. I will not de- estimated that at least 5,000 have al-
more there, go through residencies scribe in detail what the Senator from ready reported infected and anywhere
which are backbreaking exercises in Kentucky is proposing because we from 10 to 20 have died. Now the Presi-
actually learning the clinical practice haven’t seen it, but what he is sug- dent issues an Executive order man-
of medicine, and just before we tell gesting is that our greatest fear dating that these companies open for
them they are licensed doctors ready shouldn’t be the coronavirus; it should business. Well, I can say to the Presi-
to practice in America, we give them be trial lawyers—trial lawyers. dent, yes, they should open, but only if
bad news—the news that they must be He is fearful that we are going to see they dedicate themselves to the health
carrying a student debt from medical COVID–19 lawsuits. Well, let me tell and safety of their workforce as the
school of between $200,000 to $240,000 on you, there could easily be COVID–19 highest priority. Let’s make that
average? What are we thinking? These lawsuits and some—and I think most workplace safe before we talk about
women and men are critical to our fu- Americans would agree—should be making it a mandatory opening.
ture and our own healthcare. Why do filed. Is there a COVID–19 lawsuit if In fairness to the industry, in my
we burden them with this certain awe- someone is profiteering with protective State of Illinois, several companies
some debt that they have to carry for- equipment, raising the prices way be- that have been affected have reached
ward and build their career around? yond reach because they have this mo- out to us and are, in fact, determined
That is why this bill really seeks to ment of opportunity with the crisis we to make their workplace safe. I salute
look at this from a new angle and says are facing? One downstate hospital in them for taking that approach. They
that we ought to reward those medical Illinois talked about surgical gowns are talking about testing and making
students who are willing to practice in that cost 22 cents apiece and now cost sure that workers on the job have nec-
areas of greatest need—minority stu- between $11 and $20 apiece. Clearly, essary distancing and protective equip-
dents as well—and provide for them there is price gouging and profiteering. ment. That is the right approach. In
scholarships to defray the cost of med- If we can, can we hold those respon- the meantime, those companies that
ical school so they don’t end up grad- sible for profiteering liable? I would ignore that responsibility, should they
bear some liability for the illnesses or
uating with this incredible financial say yes. Is that a COVID–19 lawsuit? I
injuries that result? Well, under work-
burden. This legislation would help think it is related to COVID–19, but it
ers’ compensation law, they certainly
provide doctors, nurses, mental health relates to it in a way that most Ameri-
would. Is the Senator from Kentucky
professionals, dentists, and others to cans would agree there should be legal
calling that the COVID–19 lawsuit? It
communities with shortages which action.
If there are scams and profiteering, could be related to COVID–19, for sure.
often contribute to health disparities
the people responsible for it should be Should they have their day in court? I
as I described earlier—inner-city areas,
held legally responsible in a lawsuit, if certainly hope so.
rural America, smalltown America. As we look at the challenges before
Studies show that having doctors who necessary. If people are promulgating
us, and there are many, this notion of
reflect the communities they treat ac- phony tests and making representa- drawing a redline on legal liability, un-
tually helps health outcomes. So my tions that are a fraud on the public, fortunately, fails to take into account
bill would help to expand the represen- should they be held accountable? Well, that system of justice in America
tation of minorities in the workforce. of course. Is that a COVID–19 lawsuit? which we have turned to in good times
Last week, in a letter to the CDC, Could be. and bad to make sure that justice is
Centers for Disease Control and Pre- What about those who are talking
meted out to those who have no re-
vention, I urged the agency to support about the protection of workers? If
course but to consider lawsuits in
global efforts to build up our commu- workers are not protected on the job,
court. Let’s take this issue seriously,
nity health workforce capacity. Com- they may be turning to workers’ com- carefully. Let’s not squander the op-
munities of color across America are pensation for any of the injuries and portunity of protecting the people who
suffering at disproportionate rates illnesses that result. Are we going to are risking their lives every day in es-
across this pandemic, and we have to stop those as COVID–19 lawsuits going sential workplaces and believe they,
step up to help all Americans against too far? Nurses are suing in some situa- too, should be protected by our system
the threat of coronavirus. It is unac- tions because they are not being given of justice. I will stand with them, and
ceptable, but sadly not surprising, that adequate or quality protective equip- I hope that other Members of the Sen-
communities of color are bearing the ment. Do we want to stop that litiga- ate will join me.
burden of this dangerous virus. I stand tion as well? Is that what the Senator I yield the floor.
here to continue fighting with my col- from Kentucky is suggesting? The PRESIDING OFFICER. The Sen-
leagues in the Senate to try to solve There is an interesting situation ator from South Dakota.
these inequities happening in commu- with meatpacking workers right now. I BUSINESS BEFORE THE SENATE
nities across the Nation. know a little more than some Senators Mr. THUNE. Madam President, after
There aren’t many redlines that have about that. When I was working my a few weeks of working remotely to
been drawn publicly so far as we have way through college, I spent 12 months help flatten the coronavirus curve, we
considered coronavirus legislation. We working in a meatpacking plant in are back in Washington to continue
passed the original CARES Act, $2.2 East St. Louis, IL. I was paid $3.65 an our coronavirus response and address
trillion, with 96 votes on the floor of hour. I thought that was pretty good, other important issues. It has been an
the Senate and with no dissenting but it was hard, hard work. I saw what incredibly difficult couple of months
votes. The next bill, the coronavirus it was like then, many, many years for our country and, in fact, for most of
3.5, as it was characterized, passed the ago. I have gone back to see the the world. More than 1 million Ameri-
U.S. Senate by a voice vote, adding $484 meatpacking and meat processors cans have contracted the coronavirus,
billion to the effort. More will obvi- today. It is not much different. People and thousands have died. Our economy
ously be needed, not just for small stand literally elbow-to-elbow, shoul- has taken a huge hit. Millions of Amer-
business loans but also for unemploy- der-to-shoulder, as conveyor belts icans are out of work, and businesses
ment insurance and certainly to make bring through hundreds and hundreds are struggling to stay afloat. Ameri-
sure that our hospitals, large and of pounds of meat and poultry that cans are worried. They are worried
small, can survive this crisis as we all have to be acted on immediately to about their own health. They are wor-
hope America will. We are certain they keep up with the line. It is tough, hard ried about the health of their families
will, but we have to be prepared to do work, and now it turns out to be an ex- and loved ones, and they are worried
that. traordinarily dangerous line of work as about their finances.
Yet, this morning, the Republican well. We are learning that dispropor- My colleagues and I know that Amer-
leader came forward and said he is tionate numbers of workers in this in- icans are suffering. Our overriding pri-
drawing a redline; that Republicans dustry are coming down with the ority over the past 2 months has been

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