Paycheck Protection Program (Cong. Rec., May 12, 2020)
Summary
Page S2361 of the Senate section of the Congressional Record for May 12, 2020, headed Paycheck Protection Program, in interleaved columns. Mr. Cornyn says Texas is a great place to do business because taxes, spending and regulations are kept to a minimum, and that the paycheck program is working well in his State. He argues that frontline workers need guaranteed immunity from lawsuits, and that Federal and State governments should establish standards, which is his view. Another statement describes the local Salvation Army in Hastings starting a mobile service and a university medical center testing treatments for the virus.
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“Paycheck Protection Program (Cong. Rec., May 12, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-12-crec-2020-05-12-pt1-pgs2361-77b746400d/
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May 12, 2020 CONGRESSIONAL RECORD — SENATE S2361
bill for police, firefighters, and teach- live by and that they can meet reason- PAYCHECK PROTECTION PROGRAM
ers across America, unless there is able standards that have been thought Mr. CORNYN. Madam President, my
guaranteed immunity from lawsuits, through from a public health view- home State of Texas is a great place to
and here is one of the leading compa- point. do business. We keep taxes, govern-
nies, the No. 1 primary witness of the It is no wonder that there is uncer- ment spending, and regulations at a ra-
Republicans in the Senate Judiciary tainty when you look at the situation tional minimum in order to give people
Committee hearing, saying to the Fed- today. The Centers for Disease Control and businesses the freedom to pursue
eral and governments: Establish stand- suggests voluntary standards, sugges- their dreams and prosper. Texas is con-
ards, reasonable standards, for us to tions. The White House accepts some, sistently ranked on the list of the
live up to when it comes to conducting publishes some, scoffs at others, and ig- ‘‘Best States for Business,’’ the ‘‘Best
business, and we will do it. nores others. There is just no clear States to Start a Business,’’ and the
I think that is a reasonable request message to businesses and people ‘‘Best States for Female Entre-
by his business. Why aren’t we doing across America on what the standards preneurs.’’
it? Why hasn’t OSHA established of safety will be. According to the Small Business Ad-
standards for the safety of workers? So I would say that this hearing this ministration, there are more than 2.6
One of our other witnesses here is afternoon is important to hear from million small businesses throughout
this gentleman who is the head of the Mr. Smartt and his willingness to look the State, accounting for 99.8 percent
United Food and Commercial Workers, for standards that he can live by, and of all Texas businesses. Those busi-
Marc Perrone. I have a special fondness to hear from Marc Perrone about the nesses employ nearly half of our
for this union because when I was a dangers to his workers across the State’s workforce and account for the
college kid, I spent 12 months working workplace. And don’t believe for a massive portion of our Texas economy.
in a slaughterhouse in East St. Louis, minute that this caravan of lawsuits To say that the small businesses are
IL, and it was this union that I be- threat that we hear over and over tells an economic force in Texas would only
longed to back in those days. the whole story. paint half the picture. In big cities and
It was tough, dirty, and dangerous When you take a look at the lawsuits in small towns alike, these businesses
work. I look to it as an important that have been filed, it is not just the play a critical role in our commu-
chapter in my life, when I saw how real so-called caravan of trial lawyers that nities—the locally owned restaurants
people go to work every day and many are coming in and jumping on this. and bars we visit, the gyms that are
times risk their safety and their health There are businesses suing businesses. part of our regular routine, the dry
in doing it. There are lots of lawsuits that have lit- cleaners, the pharmacies and the hard-
Marc Perrone tells us there are lit- tle or nothing to do with personal in- ware stores we stop at when we run er-
erally thousands of his meat processing jury. There are also lawsuits involving rands. But our small businesses aren’t
workers who have been affected by this workers’ compensation. just employers or generators of sales
virus and 95 of his members who have tax. They are owned by our friends and
Senator MCCONNELL’s suggestion is
died as a result of it. What he is look- our neighbors and are part of the very
that we overturn the State laws that
ing for—what we are looking for—is for fabric of our community.
give workers the right to recover in the
those companies to establish standards Right now, they are under severe
workplace if their injuries and or their
of safety for their workers so that they stress and in real jeopardy. The
health is impaired because of the
can go back to work in this important coronavirus has kept Texans at home
COVID–19 virus. What a terrible out-
business. and put our small businesses into seri-
come that would be to walk away from
Some are doing just that. I commend ous financial trouble. When stay-at-
decades of established protection for
them. Some are working with the home orders were put in place, many
workers in every State in the Union,
union to find safe ways to test their were forced to close their doors out-
for Senator MCCONNELL’s so-called red-
workers and to bring them back to a right. Over the last several weeks, like
line threat when it comes to the
job site that is safe for them to work many of my colleagues, I have held in-
COVID virus No. 4 bill that Speaker
in. But they don’t have a national numerable video conferences with
PELOSI is proposing.
standard to live up to. We haven’t es- chambers of commerce, small business
tablished a national standard, as we There is a reasonable answer here.
owners, and others who have told me
should. Whether through OSHA or We can say to these businesses across
about the difficult decisions they have
through CDC, we ought to establish America: Join us in the fight. Let’s
been forced to make in the wake of this
standards for businesses across this stand together. You protect your work-
virus.
country to live up to. I believe many— ers, you protect your customers, and
Without any demand, without an op-
Mr. Smartt with Kwik Chek and Marc we will stand by you. We will establish
portunity to sell their services or the
Perrone with the United Food and a reasonable standard of conduct for
food or other material they provide,
Commercial Workers—would applaud you, which will protect you from frivo-
they had to lay off employees or reduce
that. They would say: At least we know lous lawsuits. But to take the approach
their pay, and some were more con-
what social distancing standards are to by Senator MCCONNELL, saying that we
cerned that they couldn’t survive more
be used in the workplace. At least we just are going to guarantee immunity
than a few weeks because they still had
know what protective equipment is re- from lawsuits, is exactly the wrong
to pay the rent and their overhead.
quired in the workplace to protect our thing to do. We need a standard of safe- Those struggles are familiar for busi-
employees. At least we know going ty that businesses can be proud of, that nesses across the country, and that is
into this exactly what the standards workers can respect, and that cus- why we, together—literally, unani-
are that we need to live up to. tomers can count on so that they can mously, in the Senate—created the
Senator MCCONNELL’s approach is im- go into places, do their business, buy Paycheck Protection Program. This
munity from lawsuits; don’t establish the products, and know that there is a new loan program was designed to help
any standards and don’t hold anybody standard of good health that is being America’s small businesses and their
to any standards at all. That is wrong. established for everyone. employees manage these uncharted
The net result of that is that more peo- I yield the floor. waters by providing 8 weeks of cash
ple would be in danger, more people I suggest the absence of a quorum. flow assistance to cover payroll and
would be infected, and more people The PRESIDING OFFICER. The other business-related expenses.
would die. That is not the right ap- clerk will call the roll. As we now know, it was so popular
SSpencer on DSK126QN23PROD with SENATE
proach. The legislative clerk proceeded to and so needed that the initial $350 bil-
What we need to do is to make cer- call the roll. lion we funded ran out in less than 2
tain that when this is all said and Mr. CORNYN. Madam President, I weeks. From that batch of funding bill,
done, we have a smart approach to ask unanimous consent that the order Texas received more loans than any
this; that a business that is conscien- for the quorum call be rescinded. other State. Nearly 135,000 small busi-
tious, cares for its customers, and The PRESIDING OFFICER. Without nesses benefited from the Paycheck
cares for its workers has standards to objection, it is so ordered. Protection Program—a sum total of
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S2362 CONGRESSIONAL RECORD — SENATE May 12, 2020
28.5 billion. That is just from the first were put in place, you did it the way acted in good faith. For example, there
$350 billion we appropriated. It became you were asked, and you tried to keep was the Volunteer Protection Act of
obvious that there was more demand your business going and your employ- 1997, which provided legal protection
than supply, and so we had to then re- ees on payroll. You received a PPP for volunteers who worked at non-
plenish the program with an initial loan, which helped you and your work- profits. There was the Y2K Act of 1999,
$320 billion. So far, $670 billion has force survive until you could reopen which gave protections to businesses if
gone into the Paycheck Protection your doors. And once that happened, they followed government guidelines in
Program. These are astronomical num- you took every precaution and followed good faith with regard to Y2K com-
bers, but, obviously, the need was seri- every guideline to protect your em- puter glitches. There was the Coverdell
ous, and this appears to be meeting a ployees and your customers. Teacher Protection Act of 2001, which
very real need to keep these businesses You did your best to follow all gov- gave protection to teachers and edu-
afloat, along with their employees. ernment guidelines and regulations to cators.
Since our small businesses have got- a T. You stayed in close communica- It is simply time for Congress to once
ten these funds, there is no shortage of tion with your employees about their again exercise our constitutional au-
stories about the positive impact they health and required anyone who was thority to provide reasonable liability
have had in my State, and I am sure not feeling well to stay home. Your protections for employers and workers
each of us can tell similar stories. employees wore masks and gloves and who are operating in good faith and fol-
One of the recipients of a PPP loan is had their temperatures checked at the lowing government and public health
Sevy’s Grill, which has been a favorite start of each shift. You did your best to guidelines.
in Dallas for more than two decades. clean high-touch surfaces, maintained There is no effort to allow bad behav-
Like other restaurants throughout social distancing in the restaurant, and ior or protect those who are grossly
Texas, the stay-at-home order put had hand sanitizer available for cus- negligent, period. In fact, if you think
them in a very tough financial spot, tomers and employees. But then you about it, providing a safe harbor for
and the restaurant closed in March find out you are being sued because those businesses that follow public
without an end in sight. Then a lifeline someone claims that they contracted health and government guidelines will
came in the form of the Paycheck Pro- the virus at your place of business and actually encourage them to do so,
tection Program. they claimed that it happened because which will actually further protect the
A Facebook post from the restaurant of your negligence and either you knew public and their employees.
read: ‘‘We are blessed to be a part of or you should have known. The legal The types of liability limitations my
the Paycheck Protection Program to nightmare you are about to enter could colleagues and I are interested in pro-
help fund our comeback.’’ have your business filing for bank- viding would simply prevent frivolous
They reopened at the end of April ruptcy by the end of the year, even if and nuisance lawsuits from harassing
with a ‘‘Valet-to-Go’’ program, just in the claim proved to be without merit. our frontline healthcare workers and
time to celebrate their 23rd anniver- The expense and the time and the ef- small businesses which were acting
sary last Friday and Mother’s Day over fort that we want people putting back reasonably and complying in good faith
the weekend. into the business to help rebuild our with health guidelines.
There is also another company called economy—they are going to have to If you are a business owner debating
JuiceLand, an Austin-based company use that to defend a nuisance lawsuit whether to reopen once you are able,
with locations in Dallas and Houston and perhaps pay money just so they this lawsuit frenzy could be the decid-
as well. Matt Shook is the founder and don’t have to continue to pay a lawyer ing factor. You may just decide to
CEO. He says they were preparing for a to defend them in court. throw in the towel, and we all would be
busy spring, but instead of having their Without action in this Congress, this losers, not the least of whom would be
nearly three dozen locations full of cus- is going to be a familiar story for small the employees who get their jobs from
tomers, he had to close 25 stores and business owners, doctors, nurses, first that employer.
lay off 300 employees. He said: ‘‘Every responders—anyone and everyone who Would you risk a potential lawsuit
day it’s like being at a poker table and could potentially be blamed for an- that would tie you up in courts for
getting bad hands every hand.’’ other person contracting the virus. months, if not years, on end and bank-
But Matt was then dealt with a few We are all familiar with those who rupt your business even though you are
good cards. JuiceLand received its Pay- are ready to jump at the opportunity prepared to follow health guidance?
check Protection Program loan. He to file a suit over this and similar mat- Well, I think many will not be inclined
began to reopen the stores and to hire ters, whether or not their case has legs. to open up under those circumstances.
back his employees. He said that this You can imagine the TV ads and the Without limiting liability for our
loan is going to be the difference in highway billboards we will see encour- small business owners and workers, our
keeping his company afloat. aging you to call some 1–800 number if economic recovery will be stunted as a
The businesses that have received you have been impacted by the result of the fear of the negative im-
these loans were in danger of drowning coronavirus, only to be connected with pact of these frivolous lawsuits. That is
until Congress, working together in a a lawyer to file a lawsuit—again, re- the situation we need to address and
bipartisan way, threw them a lifeline. gardless of merit. prevent.
But now they are facing another risk Let me be clear. As a recovering law- Congress has taken unprecedented
that could bring a second wave of dev- yer myself, I don’t think all lawyers steps to strengthen our Nation’s re-
astation and danger. Across the coun- are bad, but we do know there are sponse to the coronavirus and mini-
try, we are starting to see coronavirus- venal people who will take advantage mize the economic fallout, and we have
related litigation filed by the hundreds of the opportunity. done that together. The tidal wave of
of cases—patients or their families Again, let me just say I have no lawsuits that could come and will come
suing doctors, students suing univer- doubt there have been and will be le- unless we act to limit that liability
sities, employees and customers suing gitimate lawsuits targeting bad actors. will undo every bit of progress we tried
businesses—and this is just the begin- If there is willful or reckless disregard to make. We can’t allow our doctors
ning. As more States begin to restart for the person affected, they should and nurses and first responders and
their economies, we can expect a tidal have every right to sue and be made small businesses to survive the pan-
wave of lawsuits to follow. whole. But we need to take action demic, only to find themselves battling
And while there is and should abso- against these frivolous lawsuits tying a second crisis in the courtroom, an ex-
SSpencer on DSK126QN23PROD with SENATE
lutely be legal recourse for those with up our courts, bankrupting our busi- istential crisis.
legitimate claims, there are serious nesses, and discouraging our economy In order to strengthen our response
concerns about the number of frivolous from reopening. to this pandemic, we must protect
claims and nuisance lawsuits we are This is not without some precedent. those who are doing everything in their
expecting to see. In the past, Congress has provided power to keep us safe while following
Imagine you are the owner of a small similar protections for businesses and the guidelines their government pro-
restaurant. Once stay-at-home orders workers who followed guidelines and vides them, and we need to keep them
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May 12, 2020 CONGRESSIONAL RECORD — SENATE S2363
from having to suffer and perhaps not tional Institutes of Health announced food unit, which they drive from neigh-
survive this second pandemic that will that the country’s first clinical trial borhood to neighborhood, and they
be caused by opportunistic litigation. for coronavirus therapy had begun at serve hot meals.
I yield the floor. UNMC. The Central Nebraska Community
I suggest the absence of a quorum. Our world-class medical center has Action Partnership has begun to box up
The PRESIDING OFFICER (Mrs. been active from the very beginning of food and leave it on people’s doorsteps.
LOEFFLER). The clerk will call the roll. this crisis. This has allowed them to reduce per-
The legislative clerk proceeded to The Nebraska National Guard—our son-to-person contact while helping
call the roll. citizen soldiers—has also played an im- those who are in need.
Mrs. FISCHER. Madam President, I portant role in our response. They have The Food Bank of Lincoln, which
ask unanimous consent that the order been deployed as distributors at food serves Southeast Nebraska by acting as
for the quorum call be rescinded. banks, as healthcare workers assisting a distribution center for food pantries
The PRESIDING OFFICER. Without with testing, and as drivers bringing in 16 counties, has seen a huge surge in
objection, it is so ordered. ventilators to where they are most demand. They have been able to keep
needed. up with this demand in large part
f One of the first State Department thanks to the innovation of a partner-
CONCLUSION OF MORNING evacuation flights out of China brought ship of Lincoln business, philanthropy,
BUSINESS 57 Americans to Nebraska, where they and government leaders, who together
were quarantined at Camp Ashland, a formed the Lincoln COVID–19 Response
The PRESIDING OFFICER. Morning Nebraska National Guard training site.
business is closed. Fund.
It is easy to forget that these first These are major problems, and there
f evacuations happened just back in Feb- is no easy fix. Even so, it is our job in
ruary. Since that time, we have relied Congress to respond to this national
EXECUTIVE SESSION on our amazing healthcare workers and crisis and do what we can to provide re-
first responders. These heroes have lief. That is why I was proud to support
been working around the clock to keep the CARES Act, the relief package this
EXECUTIVE CALENDAR all of us safe. They get up every day to body passed unanimously at the end of
The PRESIDING OFFICER. Under fight this virus in hospitals and in clin-
March.
the previous order, the Senate will pro- ics across this country. I can’t imagine A big part of this legislation was the
ceed to executive session to resume how hard it must be for them to see the Paycheck Protection Program, which
consideration of the following nomina- effects of this new sickness day in and was designed to help America’s small
tion, which the clerk will report. day out. Yet I know we are in good businesses keep their employees on
The legislative clerk read the nomi- hands.
payroll by offering forgivable loans.
nation of Brian D. Montgomery, of We have also relied on our food he-
Upon the creation of this program to
Texas, to be Deputy Secretary of Hous- roes, many from my home State, where
provide relief, Nebraskans hit the
ing and Urban Development. one in four jobs is tied to production
ground running. By mid-April, the Pay-
The PRESIDING OFFICER. The Sen- agriculture. If you raise cattle or grow
check Protection Program had pro-
ator from Nebraska. soybeans, you can’t stay inside and
vided nearly 25,000 loans worth just
CORONAVIRUS work from your couch. If you package
beef or pork, you can’t work from a under $3 billion to Nebraska’s small
Mrs. FISCHER. Madam President, I businesses. This funding was enough to
rise today to speak about the unprece- laptop. Americans should be incredibly
grateful for our essential workers cover more than three-fourths of Ne-
dented crisis our Nation is facing. In a braska’s eligible payrolls—the highest
matter of just a few months, COVID–19 throughout the food supply chain.
They are working so that we can con- percentage in the Nation.
has completely changed our daily lives. I think it is important to note that
This virus has forced us to close tinue to put healthy, safe food on our
tables. none of this would have been possible
schools, shut down restaurants, cancel without Nebraska’s community banks
Nebraskans and all Americans are
major events, and temporarily shutter and our credit unions. While some na-
making daily sacrifices to slow the
businesses across our economy. tional banks hesitated, Nebraska’s
spread of this virus. We have dras-
The sacrifices have been necessary tically reduced our contact with oth- local institutions stepped up to provide
for the sake of public health, to help ers, knowing that short-term sacrifice these loans and make sure small busi-
‘‘flatten the curve’’ so our medical fa- will lead to long-term public health. nesses in their communities received
cilities don’t become overwhelmed, but But despite our best efforts, over 8,000 assistance.
they have also been disruptive, frus- Nebraskans have contracted the virus, To our community banks and credit
trating, and in some cases, scary. and 96 have died since COVID–19 ar- unions, Nebraskans applying for these
Despite the emotional and economic rived in the United States. These peo- loans are not just statistics halfway
toll this crisis has taken, we have seen ple were loved by their families and by around the country. The people hurting
countless acts of compassion, gen- their communities. I grieve for their are their friends, their families, and
erosity, and selflessness all across the loved ones. These tragic losses under- their neighbors. The people who need
country. Americans have stepped up to score the seriousness of this virus. their help live just down the street.
help each other to fight this new They demonstrate to all of us that we One of these banks is Union Bank &
threat. need to keep up the fight. Trust in Lincoln. This family-owned
I want to make sure the American The changes we have made in our na- bank is not in the top 200 banks by as-
people know that since the very begin- tional life, while necessary, have been sets nationally, but after the first 72
ning of this crisis, Nebraskans have difficult. They have come at the cost of hours of the Paycheck Protection Pro-
been on the frontlines. the economic security of many people gram, they ranked second in the Na-
When 13 Americans were evacuated in the heartland of this Nation. We are tion for the number of loans approved.
from a cruise ship in Japan in late Feb- seeing record numbers of unemploy- Like many other lending institutions,
ruary, they were taken to the National ment claims, and many people who Union Bank & Trust accomplished this
Quarantine Unit at the University of have never faced unemployment before while adjusting to working from home
Nebraska Medical Center in Omaha. As now find themselves out of work. More for the first time. Their remarkable ef-
the Nation’s only Federal quarantine forts and those of another Nebraska in-
SSpencer on DSK126QN23PROD with SENATE
Nebraskans are now dealing with food
unit, they were also trusted to care for insecurity due to unemployment and stitution, Pinnacle Bank, were covered
Americans recovering from Ebola in the effects of COVID–19. in a recent Washington Post story for
2014. I have been inspired by the work non- leading the way nationally with this
Beyond treating those exposed to or profits across my State are doing to program.
infected with coronavirus, UNMC is address this. It is good to see the Paycheck Pro-
also working to test new treatments The local chapter of the Salvation tection Program working well in my
for this virus. In late February, the Na- Army in Hastings has started a mobile State. I am pleased that Congress came
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