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Paycheck Protection Program (Cong. Rec., June 1, 2020)

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Page S2627 of the Senate section of the Congressional Record for June 1, 2020, headed Paycheck Protection Program, in interleaved columns. A speaker quotes Fort Worth chef Tim Love describing the loss to restaurants as worse than a tornado, hurricane or fire, and says a bill will reduce the share of funds that must be used on payroll from 75 percent. Another speaker, discussing George Floyd, says peaceful protest is the way to achieve justice, and that his pleas that he could not breathe did not stop what happened, which is that speaker's view.

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“Paycheck Protection Program (Cong. Rec., June 1, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-01-crec-2020-06-01-pt1-pgs2627-2-8e1e4ca16b/, SHA-256 da80a7ef01390d2fb04b16c3b667333a0c76b7a254e2339be145db8eb6beb02a.

Full text

                                             June 1, 2020                                      CONGRESSIONAL RECORD — SENATE                                                                    S2627
                                             paying, meaningful jobs that can sup-                   violent, peaceful protest is the way to                  Back in March, Fort Worth chef Tim
                                             port the social fabric that is the foun-                achieve the justice and equality that we all           Love described the situation as ‘‘Arma-
                                             dation of our democracy.                                deserve.’’                                             geddon.’’ He said:
                                               There is much to do in the months                       I understand and share the passion                     It’s worse than a tornado, it’s worse than a
                                             and the years ahead. I just hope that                   and the anger that have spread across                  hurricane, it’s worse than a fire. This is
                                             the loss of Mr. Floyd will serve as a                   the country and support those who are                  going to destroy everything that I have
                                             fresh beginning, an opportunity for a                   peacefully protesting and demanding                    built.
                                             new start, for Americans from every                     that justice be served. There should                     But the restaurants weren’t alone; I
                                             corner of this country, from every po-                  never be a time in which the color of                  heard similar concerns from countless
                                             litical background, from every race                     someone’s skin determines whether                      other small business owners across
                                             and ethnicity, to stand together and to                 they live or die, and we have to do ev-                nearly every sector of the economy—
                                             say: We commit ourselves anew to this                   erything in our power to prevent these                 hospitality, tourism, retail, manufac-
                                             Constitution that we love, to this Na-                  tragedies from occurring in the first                  turing, and the list goes on.
                                                                                                     place. But that change can’t happen                      Keeping our small businesses open
                                             tion that we call home, and we are de-
                                                                                                     when businesses are being looted, when                 means much more than having another
                                             termined now more than ever to seek
                                                                                                     vehicles are being set on fire, or when                restaurant to eat in or a shop to buy
                                             and to build a more perfect union.
                                                                                                     innocent people are being harmed. It                   from on Main Street; it is one of the
                                               I yield the floor.
                                                                                                     only can happen when we come to-                       most effective ways to support our
                                               The PRESIDING OFFICER. The Sen-
                                                                                                     gether and learn to empathize with one                 economy, by protecting those jobs.
                                             ator from Texas.
                                                                                                     another and understand the struggles                   Across the country, small businesses
                                                              f                                                                                             have employed nearly half of all U.S.
                                                                                                     our neighbors are facing.
                                                REMEMBERING GEORGE FLOYD                               I would note that there is good evi-                 workers. They are the lifeblood of our
                                               Mr. CORNYN. Madam President, ours                     dence that many of these acts of vio-                  local economies and provide critical
                                                                                                     lence are being instigated not by vic-                 services to each of our communities.
                                             is a nation with a split screen of a bat-
                                                                                                     tims of injustice but by outsiders de-                   Without customers coming through
                                             tle on two fronts. One is the pandemic                                                                         the front doors each day, it is hard to
                                             that we have been fighting now for                      termined to stoke the rage that many
                                                                                                     feel and thus incite them to that vio-                 cover your business expenses and keep
                                             many months, and the other is to con-                                                                          employees on the payroll. In fact, it is
                                             tinue the fight to defeat racial injus-                 lence.
                                                                                                       I was glad to hear the Attorney Gen-                 not just hard, it is impossible.
                                             tice that has sadly divided our Nation                                                                           Whether you are a new business just
                                             since its very inception.                               eral of the United States say on Sun-
                                                                                                     day that the Department of Justice                     starting out or a decades-old commu-
                                               One week ago today, George Floyd, a                                                                          nity staple, the financial squeeze
                                             native Houstonian, tragically died in                   will treat violence by individuals asso-
                                                                                                     ciated with Antifa and other groups as                 caused by this virus and the mitigation
                                             the custody of a law enforcement offi-                                                                         efforts that ensued are unavoidable.
                                             cer. As the gut-wrenching video of his                  domestic terrorism and calling some of
                                                                                                     these protests following George Floyd’s                  As we worked on coronavirus re-
                                             death has spread, so has the passion                                                                           sponse legislation here in March, we
                                                                                                     death to have been hijacked for an-
                                             and the anger among all of us who won-                                                                         knew that small businesses needed our
                                                                                                     other destructive, antisocial agenda.
                                             der, how can something like that hap-                                                                          support. That is why we established
                                                                                                       Investigators are also tracking social
                                             pen?                                                    media posts and looking into whether                   the Paycheck Protection Program and
                                               Our Constitution guarantees every                                                                            initially funded it with $350 billion.
                                                                                                     foreign agents are behind an active
                                             American the right to protest injus-                    propaganda campaign using social                       This funded loans that were available
                                             tice, and I believe we all have a respon-               media, trying to divide us further, to                 for these businesses to keep their em-
                                             sibility to stand up for what is right                  stoke the anger and rage that many of                  ployees on their payrolls and cover
                                             and condemn what is plainly wrong.                                                                             other necessary expenses, and if they
                                                                                                     us feel. Officials have seen a huge surge
                                               People of all colors, backgrounds,                                                                           did so, that loan would turn into a
                                                                                                     in social media accounts with fewer
                                             and ages are demanding that justice be                                                                         grant.
                                                                                                     than 200 followers created in the last                   It was so popular—and it’s not hard
                                             served in the case of George Floyd. The                 month—a        textbook    sign    of   a
                                             first step in that process came on Fri-                                                                        to see why—and the need was so great
                                                                                                     disinformation campaign by a foreign                   that that initial funding ran out in
                                             day when the officer who had him in                     power, much as we saw in 2016 during
                                             custody was himself arrested and                                                                               about 2 weeks, so we wisely, in my
                                                                                                     the Russian active measures campaign                   opinion, decided to replenish it with
                                             charged with third-degree murder.                       leading up to the election.
                                               Devastating events like the death of                                                                         another $320 billion.
                                                                                                       Righteous rage is one thing; being                     An IT and document management
                                             George Floyd remind us that we have a                   manipulated by instigators of violence
                                             long way to go in the fight for equal                                                                          company in Sugar Land, TX, called
                                                                                                     and foreign powers is quite another.                   Function 4 was one of the recipients of
                                             justice under the law, but we cannot                                      f
                                             yield to the temptation to fill the void                                                                       one of those PPP loans. One of the
                                             created by this tragedy with violence.                  PAYCHECK PROTECTION PROGRAM                            partners, Bill Patsouras, said that if it
                                               Too many protests across our coun-                                                                           wasn’t for the PPP, they would ‘‘abso-
                                                                                                       Mr. CORNYN. Madam President, on
                                             try have turned into riots with looting                                                                        lutely have to start letting people go.’’
                                                                                                     to another matter, I was glad to be
                                                                                                                                                            But instead of layoffs, all 89 employees
                                             and vandalism and destruction, hurting                  able to get back home to Texas this
                                                                                                                                                            of Function 4 are still employed and
                                             innocent people and tearing our cities                  last week, where our communities are
                                                                                                                                                            still working.
                                             apart. In response to these escalating                  slowly coming out of a coronavirus                       This is a familiar story, I am sure,
                                             protests last night, there were more                    shutdown. Churches have begun safely                   not just in Texas but elsewhere. As of
                                             curfews in place than at any other time                 welcoming worshippers, restaurants                     May 23, small businesses in Texas have
                                             since the assassination of Martin Lu-                   are beginning to safely seat customers,                received more than 350,000 PPP loans
                                             ther King.                                              albeit with the appropriate social                     totaling more than $40 billion. That is
                                               One man who experienced that period                   distancing, and retailers are now begin-               an average loan size of less than
                                             of American history firsthand is our                    ning to safely reopen their doors. After               $115,000. These are for small and me-
                                             colleague on the other side of the Cap-                 weeks and in some cases months of                      dium-size businesses.
                                             itol, Congressman JOHN LEWIS. He                        hunkering down, it is a welcome sign of                  In speaking to my community bank-
                                             fought and marched alongside Dr.                        our progress in the fight against the                  ers last week, I learned that one bank
                                             King, fighting for equal rights, and                    coronavirus and the first step in our                  had approved a loan request for as lit-
                                             continues fighting today for equal jus-                 economic recovery.                                     tle as $300. So while the average loan




dlhill on DSK120RN23PROD with SENATE
                                             tice.                                                     When stay-at-home orders were first                  was $115,000, some businesses needed
                                               Over the weekend, he denounced the                    put in place, small business were wor-                 far less than that, including this one
                                             rioting and looting that occurred and                   ried—understandably so—about their                     loan for $300.
                                             said:                                                   ability to survive. Many said they                       No matter how large or small, these
                                               ‘‘Be constructive, not destructive. History           couldn’t survive more than a couple of                 loans have allowed businesses, church-
                                             has proven time and time again that non-                weeks under those circumstances.                       es, nonprofits, and some of our most



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                                             S2628                                             CONGRESSIONAL RECORD — SENATE                                                         June 1, 2020
                                             valuable community institutions to                      percent to 60 percent. This will make                  happened. That photo is still embla-
                                             survive. That is not to say, though, it                 sure that the bulk of the funding con-                 zoned in my mind, as I am sure it is for
                                             was perfect—at least to start with.                     tinues to protect jobs and support                     all of those who have seen it.
                                             When it was first established, no one                   workers, while giving businesses the                     The look in that policeman’s eyes, in
                                             expected the rollout to be perfect. I                   flexibility they need to stay viable.                  the videotape that was being taken of
                                             think that would be an exercise in hope                   This legislation also gives borrowers                that incident, was cold, hard, distant
                                             over experience because no government                   another valuable asset, and that is the                and unmoved by George Floyd’s plea
                                             program this big and created this                       asset of time. The PPP as originally                   and the plea of those around him. What
                                             fast—and we knew both of those were                     written gave borrowers 8 weeks to use                  a tragic moment for our country. What
                                             important. We needed to go big, and we                  these funds, and I have repeatedly                     a tragic moment for that family. What
                                             needed to deal with the need urgently.                  heard from my constituents that 8                      does it say about who we are in the
                                             We knew there would be some prob-                       weeks is simply not enough. For those                  United States of America that in the
                                             lems. A brand-new loan program draft-                   who received these loans at the outset                 year 2020 this sort of thing can happen
                                             ed and passed in such a short time-                     in early April, their window to use the                with such frequency?
                                             frame is bound to have some hiccups.                    PPP loan is quickly closing, and al-                     The heartbreaking killing of George
                                               So over the last several weeks, I have                though businesses are now just starting                Floyd follows years of similar trage-
                                             been working and talking to my con-                     to safely reopen, it is going to take                  dies and needless loss. In 2012, 17-year-
                                             stituents—as we all have—to identify                    some time before we find our new nor-                  old Trayvon Martin was shot and killed
                                             what needs to be fixed or improved,                     mal.                                                   by a vigilante as he walked home with
                                             what gaps need to be filled; figure out                   I don’t think we want a situation                    a bag of Skittles that he just bought
                                             what is working, what isn’t, and how                    where, after being back at work for 8                  from the local 7-Eleven. His crime?
                                             we can make it even more effective.                     weeks, employees are let go because of                 Black in America.
                                             Well, I heard repeatedly that the big-                  an administrative policy that makes                      In 2014, the words ‘‘I can’t breathe’’
                                             gest need was for flexibility in the use                no sense. It is completely arbitrary,                  were seared into our minds when we
                                             of those funds, and that is where they                  and that is exactly what could happen                  saw the video of Eric Garner struggling
                                             are needed the most.                                    if we don’t act. The bill passed by the                for his life and dying as a police officer
                                               The main goal of the Paycheck Pro-                    House would extend that period of time                 held him in a choke hold. His crime?
                                             tection Program is right in the name—                   to 24 weeks for borrowers to use those                 Black in America.
                                             protecting paychecks. That is why we                    funds. It will ensure that businesses                    Weeks later, Michael Brown was shot
                                             said that 75 percent of the money need-                 and nonprofits have the time to safely                 and killed by a police officer in Fer-
                                             ed to be used for payroll; otherwise you                reopen and rebuild their operations                    guson, MO, despite being unarmed. A
                                             were going to have to pay the money                     while using the PPP to help cover pay-                 couple of months later, on the streets
                                             back. We said originally that the re-                   roll and other business expenses. This                 of Chicago, IL, Laquan McDonald was
                                             maining 25 percent could be used for a                  would be a win-win. I rarely have heard                shot and killed by a police officer. The
                                             range of other expenses, like rent or                   from my constituents back home that                    next month, after he was killed, Tamir
                                             utilities. But based on the feedback I                  we have done anything that has been so                 Rice was shot and killed by a police of-
                                             have gotten—and I am confident that I                   universally appreciated as the PPP                     ficer while playing with a toy gun in a
                                             am not alone—we missed our mark by                      program, or the Paycheck Protection                    Cleveland park.
                                             establishing that 75-percent require-                   Program.                                                 The tragic list of Black individuals
                                             ment. For many who had no business                        This legislation that has passed the                 whom we have mourned and marched
                                             because they were shut down as part of                  House and I hope we will take up and                   for continues to grow: Walter Scott,
                                             the mitigation efforts, their payroll ex-               pass this week extends the benefits of                 Freddie      Gray,    Philando    Castile,
                                             penses—they couldn’t use the three-                     this incredible program and provides                   Botham Jean, Atatiana Jefferson, and
                                             quarters of the loan for payroll—at                     more stability for small businesses                    many more, including Sandra Bland,
                                             least not in the short timeframe we al-                 without spending anymore taxpayer                      another resident of Illinois whose life
                                             lowed for. They needed to be able to                    dollars. It doesn’t cost us anything.                  was taken when she drove down to
                                             spend more on other expenses, like rent                 Giving small businesses and nonprofits                 Texas to interview for a new job. I at-
                                             and mortgage.                                           more flexibility to use this money                     tended her funeral ceremony. The loss
                                               The company owned by Tim Love,                        when and where it is needed is impor-                  of such a wonderful young woman is
                                             whom I mentioned a moment ago, who                      tant to our long-term recovery.                        still unexplained.
                                             described this crisis as Armageddon,                      I have heard very positive feedback                    Now we come together to mourn the
                                             received a PPP loan and so far has been                 about these changes from the small                     lives of two Black men and a Black
                                             able to hire back 80 percent of their 490               business owners I represent, and I am                  woman—lives that were cut far too
                                             employees. A couple of weeks ago, he                    eager to support the passage of the lat-               short in incidents of inexplicable and
                                             participated in a roundtable at the                     est House bill here in the Senate.                     inexcusable violence: Ahmaud Arbery,
                                             White House, and he asked for adjust-                     I yield the floor.                                   Breonna Taylor, and George Floyd.
                                             ments to give businesses more flexi-                      The PRESIDING OFFICER. The                           Once     again,    those   gut-wrenching
                                             bility. He said:                                        Democratic whip.                                       words—‘‘I can’t breathe’’—have us to
                                               We’re not asking for more money. We’re                                  f                                    tears.
                                             just asking for the opportunity to spend it                                                                      As     activist   Brittany    Packnett
                                             the way that you want us to spend it, the
                                                                                                                   PROTESTS                                 Cunningham has pointed out, justice
                                             way it was intended; to take care of our em-               Mr. DURBIN. Madam President, his                    for George, Breonna, and Ahmaud
                                             ployees when we’re able to open up.                     name was George Floyd, and 7 days ago                  would mean that they would each still
                                               That is precisely what we are work-                   he was killed on the streets of Min-                   be alive and breathing today.
                                             ing to do, and I hope we can get legisla-               neapolis. He was not the first African                   What we must now seek is account-
                                             tion to the President’s desk this week                  American to be the victim of racism                    ability. The arrest of former Min-
                                             to make those needed changes.                           and criminal misconduct by the police.                 neapolis police officer Derek Chauvin
                                               Last week, the House passed a bill to                 This has happened in our history many                  is a first step in that direction, but
                                             provide that flexibility for small busi-                times, but this was different. This was                there is so much more that must fol-
                                             nesses to use these funds where they                    a killing which we watched in                          low.
                                             are needed most. This effort was spear-                 realtime.                                                Too often, police officers have
                                             headed by a fellow member of the                           In fewer than 9 minutes, a Min-                     crossed the line from lawful protection




dlhill on DSK120RN23PROD with SENATE
                                             Texas delegation, Congressman CHIP                      neapolis police officer, with his knee                 of our communities to baseless tar-
                                             ROY, and it passed by a vote of 417 to                  on the neck of George Floyd, took his                  geting, harming, and killing of un-
                                             1—a rare feat these days in the House                   life away. Despite Mr. Floyd’s begging                 armed Americans of color. Perhaps an
                                             of Representatives.                                     over and over again, his pleas that he                 arrest of the officer will be made, but
                                               The bill will reduce the level of funds               couldn’t breathe, even invoking the                    our system of justice rarely leads to
                                             that must be used on payroll from 75                    name of his mother, it didn’t stop what                real consequences that follow. How



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