Congressional Record, House, May 28, 2020 — S. 3084, H.R. 6782 and H.R. 7010 (Suspend the Rules)
Summary
House pages of the Congressional Record for May 28, 2020, beginning at page H2330. The debate on S. 3084, as amended, concerns a correction to existing law affecting the salaries of VA employees in Senior Executive Service-equivalent positions, and the page records that the rules were suspended and the bill, as amended, was passed. Ms. Velázquez then moves to suspend the rules and pass H.R. 6782, the Small Business Transparency and Reporting for the Underbanked and Taxpayers at Home Act, whose printed text would require the Administrator of the Small Business Administration to make public information on recipients of assistance greater than $2,000,000. The page also begins the text of H.R. 7010, the Paycheck Protection Program Flexibility Act of 2020.
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“Congressional Record, House, May 28, 2020 — S. 3084, H.R. 6782 and H.R. 7010 (Suspend the Rules).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-28-crec-2020-05-28-pt1-pgh2330-b47f9219fe/
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H2330 CONGRESSIONAL RECORD — HOUSE May 28, 2020
S. 3084, as amended, would correct an card and have to step up, raise up on have so many of our Vietnam-era vet-
error in existing law that impedes em- his toes to put his card—I would get erans who are extremely vulnerable be-
ployees serving in Senior Executive tears in my eyes watching him—put his cause they have underlying conditions.
Service-equivalent positions in the De- card in that voting machine over there I know that many of our veterans have
partment of Veterans Health Adminis- to cast his vote. been playing leadership roles among
tration from receiving their full sala- We owe Sam and many veterans like their neighbors to lead their neighbors
ries. Congress passed legislation in 2010 him who have given the ultimate sac- in responding to COVID–19, the novel
to ensure that the individuals in those rifice to this great country a debt that coronavirus.
positions would be appropriately com- we can never pay back. I thank all of those veterans across
pensated for their work. I served at the same time that Sam our country for leading that effort.
However, VA discovered a technical did. I was in the 2nd Infantry Division Coming off of the Memorial Day week-
error in that legislation just last year in Korea but I did not serve in Viet- end, it is certainly always a poignant
that, unless corrected, would result in nam, and I can’t thank those men and holiday that we observe in recognition
those hardworking men and women in- women enough. of those who made the ultimate sac-
stead having their salaries signifi- To my colleagues, my brothers and rifice.
cantly reduced. It would also result in sisters, welcome home. With regard to S. 3084, I urge my col-
VA having to issue and collect debts Mr. Speaker, before I yield back, I leagues to pass it. It is the right thing
for current and former employees who would like to take a moment to thank to do. We need to do right by the senior
served in these high-level positions Chairman TAKANO and the leadership leaders of the VA. We need to make
over the last decade. That is certainly on both sides of the aisle for bringing sure that we continue to attract the
not what Congress intended. these three important bills to the floor very best to serve our veterans in the
The VA employees who are impacted today. Our actions show that, like service of the Veterans Department.
by this issue are serving in mission- many other Americans, we can con- Mr. Speaker, I yield back the balance
critical positions across the VA tinue to do our jobs and our part to re- of my time.
healthcare system. Many of them have open the country and our economy in a The SPEAKER pro tempore. The
been working around the clock, leading safe and productive way. question is on the motion offered by
VA’s response to the COVID–19 pan- While I am pleased that we are debat- the gentleman from California (Mr.
demic. They are responsible for ensur- ing these bills today, I am disappointed TAKANO) that the House suspend the
ing that veterans and VA employees that H.R. 3504, the Ryan Kules and rules and pass the bill, S. 3084, as
are safe and well cared for and that VA Paul Benne Specially Adaptive Housing amended.
is able to fulfill the Department’s Improvement Act of 2019, was not in- The question was taken; and (two-
fourth mission obligation to support cluded on today’s agenda. H.R. 3504 is a thirds being in the affirmative) the
the national response to this crisis. bipartisan bill introduced by Rep- rules were suspended and the bill, as
They and their colleagues have per- resentatives GUS BILIRAKIS and MIKE amended, was passed.
formed incredibly lifesaving work dur- LEVIN that would make important im- A motion to reconsider was laid on
ing the pandemic. I commend them for provements to the specially adaptive the table.
their efforts, which I know will con- housing program that helps severely f
tinue to be critical in the weeks and injured veterans adapt their homes. b 0945
months ahead. Making them whole by The bill would also require important
passing this bill today is the least we changes to the administration of VA SMALL BUSINESS TRANSPARENCY
can do for them in return. work-study benefits and make im- AND REPORTING FOR THE
I am glad to be back at work in our provements to the GI Bill. UNDERBANKED AND TAXPAYERS
Nation’s Capitol, as our constituents The bill has already passed the House AT HOME ACT
always intended for us to be, and to and has now come back over from the Ms. VELÁZQUEZ. Mr. Speaker, I
support this bill today as a small token Senate. It represents a four corners bi- move to suspend the rules and pass the
of appreciation to the VA leaders who cameral agreement, and the bill is bill (H.R. 6782) to require the Adminis-
are steering the Department through strongly supported by our veterans trator of the Small Business Adminis-
the crisis on behalf of our Nation’s vet- service organizations. tration to submit a report on recipi-
erans and families. I hope in the coming days we can ents of assistance under the paycheck
Mr. Speaker, I reserve the balance of pass the bill and send it to President protection program and the economic
my time. Trump’s desk as soon as possible. Dur- injury disaster loan program, and for
Mr. TAKANO. Mr. Speaker, I have no ing this difficult time, we should be other purposes, as amended.
further speakers, and I am prepared to doing all we can to help support se- The Clerk read the title of the bill.
close. I reserve the balance of my time. verely disabled veterans and student The text of the bill is as follows:
Mr. DAVID P. ROE of Tennessee. Mr. veterans. H.R. 6782
Speaker, I yield myself the balance of I thank the chairman. During this Be it enacted by the Senate and House of Rep-
my time. I have no further speakers, time that we have been at home with resentatives of the United States of America in
and I am prepared to close. our constituents and with our families Congress assembled,
I would like to start, since Monday and really confined, we tried to con- SECTION 1. SHORT TITLE.
was Memorial Day, to associate myself tinue to work, and I want to commend This Act may be cited as the ‘‘Small Busi-
with the remarks of Mr. LAMALFA from the chairman on being able to do this. ness Transparency and Reporting for the
California about Sam Johnson, one of Mr. Speaker, I encourage my col- Underbanked and Taxpayers at Home Act’’
our colleagues. leagues to support this bill, and I yield or the ‘‘TRUTH Act’’.
SEC. 2. REPORT.
Sam Johnson is one of the reasons I back the balance of my time.
am so proud to have served in this Not later than 30 days after the date of the
Mr. TAKANO. Mr. Speaker, I yield
enactment of this Act, the Administrator of
body. Sam was one of the most incred- myself the balance of my time. the Small Business Administration shall
ible human beings I have ever met. He I associate myself with the remarks make publicly available, in an online format
spent over 40 months in solitary con- about the memory of our recently de- that is sortable and searchable for key words
finement, chained to a concrete floor. parted former Member. Of course, all of and downloadable (to the extent technically
This man came back to this country as our Vietnam veterans who paid the ul- practicable), the following information with
a Wounded Warrior, but he did not let timate sacrifice but also those who respect to the paycheck protection program
SSpencer on DSK126QN23PROD with HOUSE
that stop him. He went ahead and had came back from that service in that and the economic injury disaster loan pro-
a very fulfilling life and really affected war, we all owe a debt of gratitude to- gram:
(1) An identification of each recipient of
many of us in ways Sam will never ward them. assistance in an amount greater than
know. I recall my own uncle, who, unfortu- $2,000,000 from funds appropriated under the
I can remember seeing Sam on this nately, committed suicide. I remember CARES Act (Public Law 116–136) or the Pay-
floor. Sam was so beat up in his cap- coming back from school and learning check Protection Program and Health Care
tivity that he would take his voting that he had committed suicide. We Enhancement Act (Public Law 116–139).
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May 28, 2020 CONGRESSIONAL RECORD — HOUSE H2331
(2) An explanation of the decision-making dress these problems if Congress can- VELÁZQUEZ and her staff for working
processes under which such funds were dis- not track where the money is going to with me and with my staff on this leg-
bursed. verify that it is reaching the families islation, as well as many other pieces
(3) The number of employees of each entity
and businesses that need it most. of legislation in the past.
that received such assistance.
To that end, my colleagues and I On this specific bill, we were able to
(4) The date on which such assistance was
disbursed. have sent multiple oversight letters to negotiate a couple of changes that
(5) An identification of each lender or SBA requesting detailed data and in- made the bill slightly more palatable
intermediary through which such assistance formation on the implementation of for those of us on this side of the aisle,
was disbursed. the Paycheck Protection Program and and that would have not happened
(6) The amount of assistance provided to Economic Injury Disaster Loans. To without the chairwoman’s leadership,
small business concerns owned and con- date, we have not received anything so we do appreciate that.
trolled by socially and economically dis- more than what SBA has published on That said, philosophically, it is ex-
advantaged individuals (as defined in section their website. This is simply unaccept-
8(d)(3)(C) of the Small Business Act (15
ceptionally difficult for me and others
able. on this side of the aisle to accept the
U.S.C. 637(d)(3)(C)), small business concern
owned and controlled by women (as defined
It is vital that the administration be bill in its entirety. For instance, I am
under section 3(n) of such Act (15 U.S.C. transparent and good stewards of tax- a firm believer that small businesses
632(n)), and small business concern owned payers’ dollars. I am proud to support are just that, small businesses; and as
and controlled by veterans (as defined in sec- the bipartisan effort before us today, long as they qualify under the Small
tion 3(q) of such Act (15 U.S.C. 632(q)), from led by my esteemed colleagues Mr. Business Act and the SBA size stand-
information voluntarily provided by such PHILLIPS of Minnesota and Mr. ards, no one small business ought to
concerns. FITZPATRICK of Pennsylvania.
SEC. 3. COMMITMENTS FOR 7(a) LOANS.
have to do anything different under the
The bill requires SBA to publish an law than any other small business.
Notwithstanding any other provision of online database of the recipients of
law, the amounts authorized for commit- In addition to all the burdensome re-
PPP and EIDL loans over $2 million. It porting requirements this legislation
ments for general business loans authorized
under section 7(a) of the Small Business Act would also list the number of employ- would impose on small businesses,
(15 U.S.C. 636(a)) under the heading ‘‘BUSI- ees at each business benefiting from there are two specific provisions that
NESS LOANS PROGRAM ACCOUNT’’ under the this assistance and the amount of are difficult for us to support.
heading ‘‘SMALL BUSINESS ADMINISTRATION’’ funds provided to underserved busi- First, the bill we have before us at-
under title V of the Consolidated Appropria- nesses.
tions Act, 2020 (Public Law 116–93; 133 Stat. tempts to name—and some would say,
This is precisely the kind of data
2475) shall apply with respect to loans made shame—businesses that are recent PPP
Congress needs to ensure that the pro-
under such section 7(a), other than loans loan recipients above $2 million. And I
grams are being administered as in-
made under paragraph (36) of such section do appreciate Chairwoman VELÁZQUEZ
7(a), on and after the date of enactment of tended and, more importantly, to en-
going from $250,000 to $2 million.
this Act. sure the scarce funds are reaching
These businesses—at least the ones
The SPEAKER pro tempore. Pursu- those communities and businesses that
that acted in good faith—followed the
ant to the rule, the gentlewoman from need it most.
Furthermore, the bill includes lan- law and the guidelines and received
New York (Ms. VELÁZQUEZ) and the their loans based on the best informa-
gentleman from Ohio (Mr. CHABOT) guage that will decouple the 7(a) loan
program and Paycheck Protection Pro- tion available at that time, and I do
each will control 20 minutes. not believe that those businesses
The Chair recognizes the gentle- gram accounts.
Currently, both programs share the should be put on public display for po-
woman from New York. tential shaming.
GENERAL LEAVE same appropriations account, meaning
that once the Paycheck Protection If they didn’t follow the rules, we
Ms. VELÁZQUEZ. Mr. Speaker, I ask have remedies for calling them out,
unanimous consent that all Members Program appropriation lapses, the 7(a)
loan program will shut down along such as the SBA’s Office of the Inspec-
may have 5 legislative days in which to tor General, even the Department of
revise and extend their remarks and in- with it. It was never congressional in-
tent to tie the future of both programs Justice, to seek out waste, fraud, and
clude extraneous material on the meas- abuse. Publicly naming them will do
ure under consideration. together, so in order to preserve the
sustainability of the 7(a) loan program, little to increase transparency or any-
The SPEAKER pro tempore. Is there thing else, for that matter, we believe.
objection to the request of the gentle- it is necessary to decouple the two ac-
counts. Second, the bill requires, albeit vol-
woman from New York? untarily, small businesses to disclose
There was no objection. At a time when the future of the
Ms. VELÁZQUEZ. Mr. Speaker, I small business economy is so uncer- whether they are economically dis-
yield myself such time as I may con- tain, it is of top importance to ensure advantaged, minority owned, women
sume. the long-term sustainability of the 7(a) owned, or veteran owned. As I men-
Mr. Speaker, I rise in support of the loan program. This language achieves tioned previously, I believe we ought to
bill before us today, H.R. 6782, the that goal. be making regulatory burdens fewer
Small Business Transparency and Re- I applaud the bipartisanship and, and farther between, not imposing
porting for the Underbanked and Tax- more importantly, the commitment to more paperwork that doesn’t help any
payers at Home Act, or the TRUTH being good stewards of the taxpayers’ business fight this pandemic.
Act. dollars. Again, Mr. Speaker, I reluctantly op-
The CARES Act and the Paycheck Mr. Speaker, I urge all my col- pose this legislation but again thank
Protection Program and Health Care leagues, Republican and Democrat, to the chairwoman for her leadership and
Enhancement Act provided over $725 join me in voting for stronger trans- willingness to work with us on these
billion in relief to nonprofits, small parency and oversight of the CARES bills and on many issues facing Amer-
businesses, and the independently em- Act programs. Our hardworking small ica’s small businesses moving forward.
ployed who are struggling to cope with business owners and the American peo- Mr. Speaker, I reserve the balance of
the economic downturn brought about ple deserve no less. my time.
by the spread of COVID–19. Mr. Speaker, I reserve the balance of Ms. VELÁZQUEZ. Mr. Speaker, I
By utilizing the SBA’s Economic In- my time. yield as much time as he may consume
jury Disaster Loan Program and cre- Mr. CHABOT. Mr. Speaker, I yield to the gentleman from Minnesota (Mr.
ating the Paycheck Protection Pro- myself such time as I may consume. PHILLIPS), the sponsor of the bill.
SSpencer on DSK126QN23PROD with HOUSE
gram, Congress took swift action to I rise in reluctant opposition to H.R. Mr. PHILLIPS. Mr. Speaker, I thank
provide a necessary lifeline. And while 6782, the Small Business Transparency Chairwoman VELÁZQUEZ for yielding.
both programs have saved countless and Reporting for the Underbanked and Mr. Speaker, I rise today to talk
livelihoods, jobs, and businesses, mil- Taxpayers at Home Act, or the TRUTH about truth.
lions more remain left out. Act, as amended. Now, you would think that truth
Unfortunately, it won’t matter how Mr. Speaker, I do want to express my would not be up for debate in this
much money Congress spends to ad- appreciation to Chairwoman Chamber, yet here we stand literally
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H2332 CONGRESSIONAL RECORD — HOUSE May 28, 2020
debating my bill, the TRUTH Act, b 1000 able in an online, searchable, sortable, and
which simply injects transparency and This data collection and trans- downloadable format within 30 days of pas-
accountability into the very largest ex- parency bill is a positive step in that sage:
penditure of taxpayer money in Amer- direction, providing much-needed 1. The identity of every recipient of a grant
ican history. transparency and accountability. or loan that was funded by the CARES Act or
That is it. There is no hidden agenda, Knowledge is power and, with this bill, the Payroll Protection Program and Health
just a straightforward requirement for the public will finally have the knowl- Care Enhancement Act;
the Small Business Administration to edge on how these programs have been 2. An explanation of the SBA’s decision-
publish information about how Federal implemented, where the money has making process;
relief dollars are flowing and where gone, who has gotten it and who hasn’t. 3. The number of employees at the entity in
they are going. And that truth should Not only will this empower the peo- question;
be important to every American: busi- ple, it will empower Congress as we 4. The date when the grant or loan was dis-
ness owners and patrons, bankers and continue working to optimize the bursed;
borrowers, Republicans and Democrats. CARES Act programs. 5. The identification number of the bank or
We cannot accept a situation in The bill also clarifies the program lender that administered the grant or loan; and
accounts for the Paycheck Protection 6. The amount of assistance provided to
which bigger businesses with access to
Program and the 7(a) Loan Program small businesses owned by socially and eco-
other sources of liquidity are pushing
are wholly distinct, ensuring that the nomically disadvantaged individuals, women,
to the front of the line at the expense
SBA’s flagship lending program will and veterans.
of those with the greatest need, par- Mr. Speaker, the COVID–19 pandemic has
ticularly minority-, women-, and vet- not shut down when the Paycheck Pro-
tection Program appropriation lapses. challenged us in ways we could have scarcely
eran-owned businesses that are strug- imagined; it has claimed lives and destroyed
gling the very most during the pan- As the small business economy be-
gins to recover in the coming weeks livelihoods all across our nation.
demic. We are in this together and we will come
I won’t accept it. and months, small businesses need to
be able to access affordable capital to out stronger and better.
I am on a mission to restore Ameri- And we do that by caring for each other and
rehire workers, restock their shelves,
cans’ faith in their government. But rendering equal, justice and fairness, whether
and resume operations. This language
trust is earned by action, not by words. it is in the area of coronavirus testing, distribu-
ensures the 7(a) program will be an op-
So I ask my colleagues to join me in tion of PPE, or economic assistance.
tion for them in the next phase of re-
supporting the TRUTH Act, in allowing Our small businesses need help and they
covery.
the American people to see where their I urge my colleagues to support this need the truth, which is why I urge my col-
money is going and in ensuring that measure, and I yield back the balance leagues to join me in voting to pass H.R.
businesses that need relief the most are of my time. 6782, the TRUTH Act.
getting it. Ms. JACKSON LEE. Mr. Speaker, I rise in The SPEAKER pro tempore. The
They say that sunlight is the best strong support of H.R. 6782, the Small Busi- question is on the motion offered by
disinfectant, and we could surely use ness Transparency and Reporting for the the gentlewoman from New York (Ms.
more of it here. Underbanked and Taxpayers at Home Act or VELÁZQUEZ) that the House suspend the
Mr. CHABOT. Mr. Speaker, I yield TRUTH Act, which directs the Small Business rules and pass the bill, H.R. 6782, as
myself the balance of my time. I want Administration (SBA) to explain and justify all amended.
to thank the gentlewoman from New disbursements of coronavirus relief funds, en- The question was taken.
York (Ms. VELÁZQUEZ) on her leader- suring transparency and accountability from The SPEAKER pro tempore. In the
ship, and I regret that we cannot sup- this critical agency. opinion of the Chair, two-thirds being
port this particular piece of legisla- Together, the CARES Act and the Payroll in the affirmative, the ayes have it.
tion; however, I am certain that we Protection Program and Health Care Enhance- Mr. ROY. Mr. Speaker, on that I de-
will continue to work together in a bi- ment Act together allocated more than $2 tril- mand the yeas and nays.
partisan manner to address the needs lion to address the devastating coronavirus The SPEAKER pro tempore. Pursu-
of America’s small businesses. pandemic, the most expensive relief package ant to section 3 of House Resolution
I would note, just in response, brief- ever authorized by Congress, and the largest 965, the yeas and nays are ordered.
ly, to the gentleman’s mention that outlay of taxpayer funds in all human history. Pursuant to clause 8 of rule XX, fur-
this is called the TRUTH Act, just be- The stakes simply are too high to allow irre- ther proceedings on this question are
cause something is called the TRUTH sponsible stewardship, and those charged with postponed.
Act doesn’t necessarily mean that it is disbursing coronavirus relief funds must be f
the truth, just like something called held to the highest standards and held to ac- PAYCHECK PROTECTION PROGRAM
the Affordable Care Act doesn’t nec- count for misfeasance or malfeasance. FLEXIBILITY ACT OF 2020
essarily mean it is going to make Mr. Speaker, it is wholly unacceptable that
the SBA has not to date provided full trans- Ms. VELÁZQUEZ. Mr. Speaker, I
healthcare more affordable. move to suspend the rules and pass the
Mr. Speaker, I yield back the balance parency over its administration of the Payroll
Protection Program (PPP) and Economic In- bill (H.R. 7010) to amend the Small
of my time. Business Act and the CARES Act to
jury Disaster Loan Program (EIDL).
Ms. VELÁZQUEZ. Mr. Speaker, I modify certain provisions related to
PPP and EIDL were created by Congress to
yield myself such time as I may con- the forgiveness of loans under the pay-
provide relief for small businesses affected by
sume. check protection program, to allow re-
the pandemic, and more than $700 billion has
Mr. Speaker, when this body spent been allocated in service of those goals. cipients of loan forgiveness under the
trillions of dollars to address the eco- However, in too many cases the programs paycheck protection program to defer
nomic downturn brought about by did not function as Congress intended, and payroll taxes, and for other purposes,
COVID–19, we included a special inspec- large organizations such as the Los Angeles as amended.
tor general to provide oversight over Lakers received funding while many of our The Clerk read the title of the bill.
the expenditure of these dollars. Unfor- smallest and most vulnerable businesses were The text of the bill is as follows:
tunately, President Trump said the unable to secure assistance. H.R. 7010
special IG could not issue reports to In light of this mismanagement, it is impera- Be it enacted by the Senate and House of Rep-
Congress without Presidential super- tive that SBA be subject to an exhaustive resentatives of the United States of America in
vision and subsequently removed the audit of its handling of PPP and EIDL funding. Congress assembled,
SSpencer on DSK126QN23PROD with HOUSE
acting IG at the Pentagon and chair- The agency has refused to do so voluntarily, SECTION 1. SHORT TITLE.
man of the panel. requiring Congress to mandate compliance This Act may be cited as the ‘‘Paycheck
So with the erosion of account- Protection Program Flexibility Act of 2020’’.
from the agency that exists to serve small
SEC. 2. MATURITY FOR LOANS WITH REMAINING
ability, transparency is needed more business, the backbone of the American econ- BALANCE AFTER APPLICATION OF
than ever. Congress needs to ensure omy. FORGIVENESS.
that there is no waste, fraud, or abuse The TRUTH Act would require the SBA to (a) IN GENERAL.—Section 7(a)(36)(K)(ii) of
of taxpayers’ dollars. make the following information publicly avail- the Small Business Act (15 U.S.C. 636(a)(36))
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