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Home Source documents Congressional Record, Senate, March 25, 2021 — Motion to Proceed to H.R. 1799, PPP Extension Act of 2021

Congressional Record, Senate, March 25, 2021 — Motion to Proceed to H.R. 1799, PPP Extension Act of 2021

Summary

Congressional Record, Senate, page S1792, March 25, 2021. Under the heading PPP Extension Act of 2021, the clerk reads the motion to proceed to H.R. 1799, a bill to amend the Small Business Act and the CARES Act to extend the covered period for the paycheck protection program; the presiding officer states that postcloture time has expired and the motion to proceed is agreed to. Remarks on the page say economists project that the American Rescue Plan could double economic growth while cutting child poverty in half, and preview the coming work period, including a Congressional Review Act measure on methane emissions and S. 1, the For the People Act. A letter to Arizona's Attorney General discusses section 9901 of the American Rescue Plan Act.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Congressional Record, Senate, March 25, 2021 — Motion to Proceed to H.R. 1799, PPP Extension Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-25-crec-2021-03-25-pt1-pgs1792-2-20062a6171/, SHA-256 c690238e995e1a7fbf455e72155ee4c526ba4d98934452002d460fda4365c7db.

Full text

                                             S1792                                             CONGRESSIONAL RECORD — SENATE                                                         March 25, 2021
                                             vote in the history, in the history of                  tice based on their gender or sexual                   tion—gases that pack a much greater
                                             Presidential impeachments.                              orientation.                                           punch than carbon dioxide when it
                                                And, of course, the Democratic ma-                     In the coming work period, the                       comes to our climate. Senators HEIN-
                                             jority in the Senate passed the most                    Democratic majority will also seek to                  RICH, KING, and MARKEY have been
                                             sweeping Federal recovery effort in                     repeal a Trump administration rule                     working very hard on this issue. I ap-
                                             decades, the American Rescue Plan.                      that gives employers an unfair advan-                  plaud them. The Senate will take up a
                                                Again, despite several unprecedented                 tage over workers when settling dis-                   Congressional Review Act measure to
                                             obstacles, not only did we get a late                   criminatory claims.                                    reinstate the commonsense regulation
                                             start on our work, a result of the run-                   At the same time, the Judiciary and                  of methane emissions to fight climate
                                             off elections in Georgia, we have had to                Rules Committees have started their                    change.
                                             contend with the aftermath of an                        work responding to the concerted, na-                    The bottom line is this: The Senate
                                             armed insurrection at the Capitol, an                   tionwide, despicable attack on voting                  of the 117th Congress has accomplished
                                             impeachment trial, and the difficulty                   rights. In one State after another, new                a lot in its first few months, but we
                                             of navigating an evenly divided Senate.                 restrictions on the franchise are taking               have a lot of work left to do. The chal-
                                                Let’s take a quick look at the score-                aim at communities of color in ways                    lenges our country still faces are im-
                                             board.                                                  we haven’t seen since the days of Jim                  mense, and there is no reason both
                                                Economists project that the Amer-                    Crow.                                                  sides cannot work together on issues
                                             ican Rescue Plan could double eco-                        Yesterday, I attended the Rules Com-                 that will affect our country and our
                                             nomic growth while cutting child pov-                   mittee hearing on S. 1, the For the                    children’s future. We won’t agree on
                                             erty in half—the biggest anti-poverty                   People Act, and I listened to my Re-                   everything, but we must agree that in-
                                             effort in a generation.                                 publican colleagues try to defend these                action is unacceptable. The Senate
                                                We have made the single largest in-                  outrageous voter suppression laws. One                 must help the country finish the job
                                             vestment in American education and                      member on the committee told us not                    against COVID while continuing to
                                             Native Tribes ever.                                     to worry about them because many are                   build a more equal economy and a
                                                Experts have called the American                     just proposals and won’t become law.                   more just society.
                                             Rescue Plan the most significant legis-                 Later that day, the same day, the Mon-                   I yield the floor.
                                             lation for Black farmers since the Civil                tana State Senate advanced a bill to                                      f
                                             Rights Act.                                             end same-day voter registration.
                                                The American Rescue Plan provides a                    Another member on the committee                                LEGISLATIVE SESSION
                                             lifeline to Main Street businesses from                 defended limits to early voting on Sun-                                     ---
                                             one end of the country to the other.                    days—a day when many African Ameri-
                                                                                                                                                               PPP EXTENSION ACT OF 2021—
                                             Companies are already scaling back                      cans go to vote after church—by
                                                                                                                                                              MOTION TO PROCEED—Resumed
                                             layoffs.                                                quoting the Bible and the Command-
                                                In less than 100 days, the Biden ad-                 ment to keep the Sabbath holy. I don’t                   The ACTING PRESIDENT pro tem-
                                             ministration and Democratic majori-                     know where to begin with that one, but                 pore. The clerk will report the pending
                                             ties have helped deliver more than 100                  I will start by reminding my colleagues                business.
                                             million shots in people’s arms and 100                  of the separation between church and                     The senior assistant legislative clerk
                                             million checks in people’s pockets. As                  state, and, frankly, the Bible passage                 read as follows:
                                             a result, the American people are more                  she talked about comes from the Old                      Motion to proceed to H.R. 1799, a bill to
                                             optimistic than at any time over the                    Testament, when the Sabbath was on                     amend the Small Business Act and the
                                             past year, and for the first time since                 Saturday.                                              CARES Act to extend the covered period for
                                             the COVID–19 pandemic began, a clear                      This is getting beyond ridiculous.                   the paycheck protection program, and for
                                                                                                                                                            other purposes.
                                             majority of Americans believe our                       Across the country, the Republican
                                             country is back on track.                               Party seems to believe that the best                     The ACTING PRESIDENT pro tem-
                                                Just this morning, the jobs report                   strategy for winning elections is not to               pore. Under the previous order, all
                                             showed that applications for unemploy-                  win more voters but to try to prevent                  postcloture time for the motion to pro-
                                             ment benefits fell by nearly 100,000 peo-               the other side from voting. That is not                ceed to H.R. 1799 has expired, and the
                                             ple—a sign that businesses are reopen-                  America. That is not democracy. And                    motion to proceed is agreed to.
                                             ing and Americans are optimistic                        this Senate will take action to protect                  The clerk will report the bill by title.
                                             about getting back to work. After one                   the voting rights of tens of millions of                                  f
                                             of the most difficult years in American                 Americans. The Senate will vote on the                     PPP EXTENSION ACT OF 2021
                                             history, the country is finally turning                 For the People Act.
                                             the corner, and the Senate is off to a                    We will also keep a laser focus on our                 The senior assistant legislative clerk
                                             fantastic start.                                        economic recovery. In the coming                       read as follows:
                                                Now looking forward, of course the                   months, the Senate will consider legis-                  A bill (H.R. 1799) to amend the Small Busi-
                                             job certainly isn’t done yet. Now that                  lation to rebuild our infrastructure and               ness Act and the CARES Act to extend the
                                                                                                                                                            covered period for the paycheck protection
                                             we have passed the American Rescue                      fight climate change, boost research                   program, and for other purposes.
                                             Plan, the Senate must continue to                       and development and domestic manu-
                                                                                                                                                                   RECOGNITION OF THE MINORITY LEADER
                                             make progress on other issues facing                    facturing, reform our broken immigra-
                                             the American people. When the Senate                    tion system, and grow the power of                       The ACTING PRESIDENT pro tem-
                                             returns to session, our agenda will be                  American workers. Finally, the Senate                  pore. The Republican leader is recog-
                                             no less ambitious than it was over the                  will address health and gun safety.                    nized.
                                             past few months.                                          When the Senate gavels back into                                        IMMIGRATION
                                                We will focus on three areas: one,                   session, we will vote on Senator                         Mr. MCCONNELL. Madam President,
                                             voting rights, civil rights; two, eco-                  HIRONO’s COVID hate crimes bill,                       the crisis on our southern border con-
                                             nomic recovery and jobs, with an em-                    which my colleague GRACE MENG has                      tinues to escalate. CBP is tracking the
                                             phasis on climate change and building                   sponsored in the House. It will give the               largest surge in migrant apprehensions
                                             back better; and three, health and gun                  Department of Justice and our local                    in 20 years. Unaccompanied children
                                             safety.                                                 police departments crucial tools to                    are literally piling up in close quarters.
                                                This Senate will once again be the                   fight the wave of racist violence we                   It turns out when politicians spend a 2-
                                             forum where civil rights are debated                    have seen against Asian Americans.                     year campaign advertising amnesty,
                                             and historic action is taken to secure                    I have also committed to put a bill                  people actually listen. As one senior




dlhill on DSK120RN23PROD with SENATE
                                             them for all Americans.                                 on expanded background checks on the                   CBP official said, there is ‘‘no end in
                                                Last week, the Judiciary Committee                   floor of the Senate.                                   sight.’’ No end in sight.
                                             held the first-ever hearing on the                        On the health front, we will take aim                  The administration still refuses to
                                             Equality Act, landmark legislation                      against the former administration’s de-                even admit there is a crisis, much less
                                             that would enshrine as a matter of law                  cision to roll back limits on methane                  address it. We keep hearing strange
                                             that no American shall be denied jus-                   emissions from oil and gas produc-                     mixed messaging from the White House



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                                             March 25, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                 S1793
                                             podium like ‘‘now is not the time to                    mittee held a hearing on the Demo-                     would just preserve our smoothly func-
                                             come,’’ as if there will be a good time                 crats’ proposal to tilt our entire polit-              tioning system so State legislatures
                                             to break the law and come illegally,                    ical system on a partisan basis. It                    can’t mess it up.
                                             and the White House will let us all                     would forcibly rewrite every State’s                     So let’s get this straight. Two years
                                             know when that time is, I assume.                       election laws in ways that defy com-                   ago, in 2019, Democrats suggested this
                                               The Washington Post put it gently:                    mon sense and are deeply unpopular                     bill was a bold, radical overhaul for a
                                             ‘‘Administration officials have been                    with American voters.                                  broken system. In the meantime, what
                                             plagued by muddled messaging.’’ Boy,                      It would mandate nearly unrestricted                 happened was, they got an election
                                             that is an understatement. But actu-                    same-day registration. It would man-                   they liked, and now they claim the
                                             ally, when you look at Democrats’ ac-                   date big loopholes that would render                   exact same legislation just does a few
                                             tions, the message isn’t mixed at all.                  voter ID almost meaningless. It would                  modest things to protect our system
                                             That is the problem. For months on                      make every State legalize ballot har-                  just the way it is.
                                             the campaign trail, President Biden                     vesting, where paid operatives can turn                  What utter nonsense—utter non-
                                             spoke directly to potential migrants.                   up carrying big piles of ballots with                  sense. This legislation has but one
                                             At one point, he said, ‘‘You want to                    other people’s names on them, zero                     goal, just one. It has only ever had one
                                             flee . . . you should come.’’ That was                  chain of custody.                                      goal, just one. That goal was the same
                                             President Biden.                                          Democrats want to hide behind the                    in 2019 as it is today. And that goal is
                                               President Lopez Obrador of Mexico                     mantle of voting rights. What they are                 to let Washington Democrats rig the
                                             himself stated this week that President                 really proposing is less security, less                rules of democracy from top down to
                                             Biden’s campaign created expectations                   integrity, and a grab bag of changes                   hide that partisan project behind the
                                             that ‘‘caused Central American mi-                      that are deeply, deeply unpopular. Just                smokescreen, the smokescreen of vot-
                                             grants, and also from our country,                      look at the other changes with zero re-                ing rights.
                                             wanting to cross the border, thinking                   lationship to voting rights that Demo-                          BUSINESS BEFORE THE SENATE
                                             that it is easier to do so.’’ That was the              crats want to smuggle in behind that                     Madam President, now one final mat-
                                             President of Mexico.                                    smokescreen.                                           ter. Senators will soon head home for
                                               On Inauguration Day, the President                      This bill would take the Federal                     the State work period. We will be see-
                                             followed through—five Executive or-                     Election Commission from an evenly                     ing an Easter recess of optimism and
                                             ders to roll back immigration enforce-                  split, bipartisan panel to a partisan                  hope as the tide of the pandemic con-
                                             ment and open up the border. The ad-                    body so that Democrats could rule uni-                 tinues to turn. Thanks to science and
                                             ministration wasted no time rolling                     laterally over politics as well as citi-               fueled by five bipartisan bills we passed
                                             back the policies from the prior admin-                 zens’ speech, turn the neutral judge                   last year, vaccines were developed, ap-
                                             istration that had guarded against this                 into a partisan prosecutor, and it                     proved, and preordered in record time.
                                             exact outcome. South of the border,                     would send taxpayers’ money to fund                    America was delivering more than a
                                             message received. Some migrants are                     political campaigns.                                   million doses per day before the cur-
                                             arriving with Biden campaign flags and                    It contains a massive attack on the                  rent administration even took office.
                                             T-shirts. One arriving person said,                     privacy of citizens who engage in free                   And because of last year’s bipartisan
                                             ‘‘Biden promised us that everything                     speech, a massive and intentional gift                 work, our economy was already poised
                                             was going to change.’’                                  to cancel culture. That led even the                   for a historic comeback. I am also
                                               So what about the Democrats here in
                                                                                                     leftwing ACLU to oppose this bill 2                    going to be talking with Kentuckians
                                             Congress? Are the House Democrats
                                                                                                     years ago and lead senior ACLU law-                    about their confusion and concern sur-
                                             rising to the occasion with solutions?
                                                                                                     yers to torch it again in the Wash-                    rounding the multitrillion-dollar par-
                                             Well, not exactly. They prioritized
                                             passing another amnesty bill. They                      ington Post just recently.                             tisan spending plan that Democrats
                                                                                                       Democrats are desperate to avoid                     just rushed through Congress recently,
                                             doubled down on the wrong direction
                                                                                                     talking about any of these things.                     like why teachers unions got huge
                                             and the wrong incentives.
                                               The situation is raising eyebrows                     They are desperate to convince the                     sums for schools, much of which won’t
                                             among Democrats’ own rank and file.                     media that a partisan takeover at the                  be spent until years, years into the fu-
                                             As one Texas Democrat put it, ‘‘When                    FEC, socialism for political ad makers,                ture, without any meaningful require-
                                             you create a system that incentivizes                   and an assault on free speech and                      ment to reopen, even though science
                                             people to come across . . . that imme-                  Americans’ privacy are just ‘‘voting                   says it is safe. There are concerns like
                                             diately sends a message.’’                              rights,’’ a shameless, shameless bait                  why Kentucky and other States whose
                                               Here, in the Senate, our Democratic                   and switch.                                            budgets have come through the crisis
                                             colleagues decided to go the route of                     I noticed something funny yesterday.                 intact will actually be subsidizing mas-
                                             obstruction. Yesterday, Republicans                     Remember, this is the same bill Demo-                  sive bailouts to other States for mis-
                                             tried to pass serious proposals to help                 crats were shopping around 2 years ago                 management that predates the pan-
                                             address parts of the immigration sys-                   in response to the 2016 election, which                demic, and confusion and concern
                                             tem. Democrats rejected every single                    they said was a disaster. Now, 2 years                 about the radical, last-minute provi-
                                             one of them.                                            ago, Democrats were marketing this                     sion that tries to prevent States from
                                               Senator ERNST had a proposal to re-                   bill as a massive shakeup that our bro-                implementing any policy, any policy
                                             quire detention for migrants charged                    ken elections badly needed.                            that might be interpreted as a tax cut.
                                             with violent crimes. It is not exactly a                  Our democracy was in shambles after                    That one could wreak havoc on the
                                             radical idea. Democrats blocked it.                     they lost in 2016. It was broken, they                 plans of local officials in my State and
                                               Senator CRUZ had legislation to raise                 said. It was insecure, they said, and                  entire industries as they try to get the
                                             the stakes for repeated illegal entry. It               only this sweeping transformation                      Bluegrass growing again. This provi-
                                             is not exactly rocket science. Demo-                    could possibly repair it. Of course, it                sion has the potential to shoot down a
                                             crats blocked that one too.                             didn’t pass, and the 2020 election came                State law designed to help the Com-
                                               Senator BLACKBURN and Senator LEE                     and went without the liberal takeover,                 monwealth’s small businesses deduct
                                             tried to combat child trafficking with-                 and yet Democrats say it was a huge                    PPP expenses from their State taxes
                                             in the asylum process, and Democrats                    success.                                               and unwind planned waivers of hikes
                                             even blocked that.                                        Democrats said the 2020 election was                 on their unemployment taxes.
                                               The furthest left ideology on these                   beyond reproach. They said the integ-                    Secretary Yellen was asked about
                                             issues is keeping Washington Demo-                      rity and security were beyond ques-                    this huge uncertainty in a hearing yes-
                                             crats from upholding the basic respon-                  tion. They have said only conspiracy                   terday, about how this will be defined




dlhill on DSK120RN23PROD with SENATE
                                             sibility of government: ensuring the in-                theorists would complain about the                     or enforced. She essentially had no an-
                                             tegrity of our borders and protecting                   last election.                                         swers.
                                             our national security.                                    Oh, but curiously enough, they are                     So I will be joining Kentuckians to
                                                             ELECTION SECURITY                       now still pushing this very same bill.                 celebrate what has gone well, thanks
                                              Madam President, now, on another                       Now, instead of a sweeping trans-                      to our bipartisan work just last year;
                                             matter. Yesterday, the Rules Com-                       formation, they are trying to say it                   to hear their concerns about all the



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                                             S1794                                             CONGRESSIONAL RECORD — SENATE                                                      March 25, 2021
                                             consequences of the Democrats’ go-it-                   Small Business Administration said:                    administration did in its recalculation,
                                             alone effort; and to hear what they                     This is too complicated to go back and                 but it made it prospective only. It
                                             think about the multimillion-dollar                     redo this. So we will just allow folks                 needs to be retroactive.
                                             cousin of the Green New Deal that                       who applied early, the most desperate,                   So I agree with the gentleman, but I
                                             Democrats are reportedly planning for                   to get the least, and folks who applied                cannot consent to agree to it today.
                                             a sequel.                                               later to get more.                                     And it is not going to delay the Senate
                                               The ACTING PRESIDENT pro tem-                           We are bringing an amendment that                    consideration of it because the House is
                                             pore. The Senator from Oklahoma.                        would just fix that and would allow the                not in session for the next 2 weeks.
                                              UNANIMOUS CONSENT REQUEST—AMENDMENT                    folks who applied early, the most des-                   So the first time we can really get
                                                             NO. 1402                                perate folks, to be able to get the same               this done is the second week in April,
                                               Mr. LANKFORD. Madam President,                        level of help as the folks that applied                and you have my commitment that we
                                             there is a problem with the Paycheck                    later.                                                 will work together to get the provision
                                             Protection Program. It passed with                        So, Madam President, I ask unani-                    made retroactive and to cover the legal
                                             overwhelming bipartisan support last                    mous consent that it be in order for me                structures that are used by some of our
                                             December, but the implementation has                    to offer my Amendment 1402.                            small businesses that are not currently
                                             been botched.                                             The ACTING PRESIDENT pro tem-                        covered under the current interpreta-
                                               Let me explain what I mean. If you                    pore. Is there an objection?                           tion—I think legal, this is a legal issue
                                             are a small business owner, if you are                    Mr. CARDIN. Madam President, re-                     that we have to resolve.
                                                                                                     serving the right to object.                             For all those reasons, I do object.
                                             an individual that is a sole proprietor                                                                          The ACTING PRESIDENT pro tem-
                                             of what is called a schedule C, if you                    The ACTING PRESIDENT pro tem-
                                                                                                                                                            pore. The objection is heard.
                                             had major issues in trying to be able to                pore. The Senator from Maryland.                         The Senator from Oklahoma.
                                             cover your employment last year, you                      Mr. CARDIN. Madam President, first,                    Mr. LANKFORD. Madam President, I
                                             would turn in—make a request for the                    let me thank the Senator from Okla-                    do want to thank my friend from Mary-
                                             Paycheck Protection Program. It was                     homa for bringing this to the floor.                   land. This is an important issue. It
                                             extended in December of last year for                     Here is our challenge. If it gets onto               does need to be resolved. It has not had
                                             only the hardest hit businesses, those                  the bill that we have before us, it will               enough attention on this. As he and I
                                             that had a 25-percent loss or more.                     delay the continuation of the Paycheck                 talked about it the last several days,
                                             Those businesses could not survive into                 Protection Program because it termi-                   and several others joined in, this deals
                                             the next year.                                          nates on March 31. We are not going to                 with partnerships, whether it be ag.
                                               So we extended it out and allowed                     have any program to modify. And the                    This deals with individuals.
                                             them to be able to get additional time                  House is not in session until the second                 So my friend from Kansas, he and I
                                             and an additional couple of months of                   week in April so it is not possible to                 worked together on this to be able to
                                             payroll to be able to make sure they                    get this done before the program ex-                   combine a piece of legislation to make
                                             make it. Now, for these extremely                       pires.                                                 sure we are dealing with all types of
                                             small businesses, these sole propri-                      So, for that reason, we have to op-                  businesses that will be affected, and I
                                             etors, and these individuals who are                    pose any amendment on the underlying                   do hope to be able to get this through
                                             out there, this means just them or                      bill, which is a clean extension of the                by unanimous consent in the days
                                             sometimes them and one other person                     PPP.                                                   ahead to get this resolved as quickly as
                                             whom they are actually covering the                       But I want to thank my friend from                   possible as well as continue to reach
                                             expenses for. These are not our                         Oklahoma for bringing this forward be-                 out to the Small Business Administra-
                                             megabusinesses. These are our back-                     cause I agree with you. As chairman of                 tion and to see what they can to do to
                                             bone small businesses. This is the                      the Small Business and Entrepreneur-                   be able to communicate with those
                                             truckdriver in Oklahoma. This is the                    ship Committee, I support making the                   folks.
                                             piano teacher in Oklahoma. These are                    changes that the administration made                     The ACTING PRESIDENT pro tem-
                                             folks who are actually trying to be able                in regard to the determination for self-               pore. The Senator from Kansas.
                                                                                                     employed retroactive. I think that is a                             AMENDMENT NO. 1403
                                             to make a living the best way they
                                             know how.                                               fair thing to do. I also support making                  Mr. MARSHALL. Madam President, I
                                               When it was passed in December, the                   sure that the business structure that is               ask unanimous consent that I be al-
                                             Small Business Administration inter-                    chosen by a small business also quali-                 lowed to complete my remarks.
                                             preted that rule to say you can only                    fies, whether it be a partnership or a                   The ACTING PRESIDENT pro tem-
                                             use your net expenses for that—your                     traditional business arrangement.                      pore. Without objection, it is so or-
                                                                                                       I think we need to make those                        dered.
                                             net expenses. Then, in March, the
                                                                                                     changes, and I know our staffs are                       Mr. MARSHALL. Madam President, I
                                             Small Business Administration rein-                                                                            thank the gentleman, my neighbor
                                             terpreted that and said: No, you could                  working on the exact language. There
                                                                                                     is some challenge on how we draft the                  from Oklahoma, for yielding. And I
                                             use your gross expenses on that.                                                                               thank the gentleman from Maryland,
                                               Now, for a lot of folks, they would                   language. And you have my commit-
                                                                                                                                                            our chairman of the Small Business
                                             say: What is the difference on that?                    ment that we will work during this re-
                                                                                                                                                            Committee, for his cooperation.
                                               Well, the difference is usually about                 cess, and I assure you that I want to                    Our amendment will allow farmers
                                             $5,000 or $10,000. That is an enormous                  see this done. I hope we can do it by UC               and ranchers categorized as a partner-
                                             difference. And for some folks in this                  when we return, when the House is in                   ship, including LLPs, S corps, to uti-
                                             room, $5,000 or $10,000 may not be very                 session, and get this done as quickly as               lize gross income when calculating
                                             much, but it is a lot more for that                     possible.                                              their PPP maximum loan amount.
                                             truck driver and that piano teacher.                      The point the Senator from Okla-                       It is no secret that our Nation’s
                                               So the logical thing for the Small                    homa raises is very valid, but let me go               farmers and ranchers have faced in-
                                             Business Administration to do would                     back to the original bill for the self-                credible   difficulties  through    the
                                             be to say: OK. We changed the rule in                   employed that used, as you said, a for-                COVID–19 pandemic when we literally
                                             March from what it was earlier so let’s                 mula that didn’t work. In some cases,                  couldn’t pay people to come get our
                                             make it retroactive. Then folks who                     it was $50 or $80 that they got on the                 cattle and hogs. In December, we made
                                             apply early, the most desperate folks,                  PPP, which was ridiculous because a                    changes to allow farmers to use gross
                                             could actually still get the difference.                self-employed person doesn’t have the                  income in calculating their PPP loan.
                                               But that is not what happened. The                    same payroll expenses that a tradi-                    Before it passed, the payments were
                                             Small Business Administration said:                     tional small business has.                             based on farmers’ net income. This net




dlhill on DSK120RN23PROD with SENATE
                                             No, if you received the loan earlier,                     We based the PPP calculations on                     income number is often low or negative
                                             you received the smaller amount. If                     the payroll amount. That didn’t apply                  because of the amount of depreciation
                                             you waited and applied later, you get                   to the self-employed. So that is why                   farmers claim on equipment. These
                                             the larger amount.                                      the gross receipts are the right way to                changes were helpful and provided as-
                                               It is the exact same type of business,                make those calculations, and that is                   sistance for much of the agriculture in-
                                             exact same situation, but basically the                 what we want to do. That is what this                  dustry.



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                                             March 25, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                     S1795
                                               Unfortunately, certain farm and                       financial institution to write the for-                  The ACTING PRESIDENT pro tem-
                                             ranch partnerships, many of which are                   givable loan, those in hard-to-serve                   pore. Is there objection?
                                             small family partnerships, were left                    communities, all are going to be de-                     Without objection, it is so ordered.
                                             out of changes made in the program in                   nied. The SBA has indicated there are                    Mr. KENNEDY. Madam President, I
                                             December. I believe Congress intended                   hundreds of thousands of eligible appli-               just wanted to read the language to
                                             to include partnerships; however, the                   cants that have not been able to get in                you. It says that you are prohibited
                                             SBA, interpreting the statute we                        by the due date.                                       from getting a PPP loan if you have
                                             passed, did not. They made it crystal                     Now, in regard to the Kennedy                        been convicted of a felony in relation
                                             clear, short of legislation, they would                 amendment, the SBA COVID–19 relief                     to a riot or a civil disorder in the past
                                             not include partnerships under this                     is for existing businesses and current                 2 years. You either support violence or
                                             new interpretation.                                     business owners with proven reentry                    you don’t.
                                               My amendment, in a nutshell, would                    track records. Anyone who has rebuilt                    Madam President, I would like to ask
                                             let farmers categorized as a partner-                   their life after being incarcerated                    that my amendment, Kennedy amend-
                                             ship use gross income rather than net                   should be celebrated and supported.                    ment No. 1401, be called up.
                                             income for the PPP loan. I encourage                    There is no reason why a business                        The ACTING PRESIDENT pro tem-
                                             all my colleagues to support this                       owned by someone with an unrelated                     pore. The clerk will report.
                                             amendment and help our farmers dur-                     criminal record should be treated any                    The bill clerk read as follows:
                                             ing this difficult time.                                differently.                                             The Senator from Louisiana [Mr. KENNEDY]
                                               I yield back to the gentleman from                      I would urge my colleagues, for the                  proposes an amendment numbered 1401.
                                             Oklahoma. Thank you.                                    sake of getting this bill to the Presi-                  Mr. KENNEDY. Madam President, I
                                               Mr. CARDIN. Madam President.                          dent and signed so we can help our                     ask unanimous consent that we dis-
                                               The ACTING PRESIDENT pro tem-                         small businesses, to reject the Kennedy                pense with the reading.
                                             pore. The Senator from Maryland.                        amendment.                                               The PRESIDING OFFICER. Without
                                               Mr. CARDIN. I ask unanimous con-                        Mr. KENNEDY. Madam President.                        objection, it is so ordered.
                                             sent that there be two minutes of de-                     The ACTING PRESIDENT pro tem-                          The amendment is as follows:
                                             bate, equally divided, before each vote                 pore. The Senator from Louisiana.                      (Purpose: To prohibit paycheck protection
                                             in today’s series.                                        Mr. KENNEDY. How much time do I                        program loans and second draw loans for
                                               The ACTING PRESIDENT pro tem-                         have left?                                               applicants convicted of a felony in relation
                                             pore. Is there objection?                                 The ACTING PRESIDENT pro tem-                          to a riot or civil disorder during the 2-year
                                               Without objection, it is so ordered.                  pore. No time remaining.                                 period preceding the date of the applica-
                                               The Senator from Louisiana.                             Mr. KENNEDY. Could I ask unani-                        tion)
                                                             AMENDMENT NO. 1401                      mous consent for another 30 seconds?                     At the appropriate place, insert the fol-
                                               Mr. KENNEDY. Madam President,                           The ACTING PRESIDENT pro tem-                        lowing:
                                                                                                                                                            SEC. ll. PROHIBITION ON PAYCHECK PROTEC-
                                             without order, there can be no justice.                 pore. Without objection, it is so or-                             TION PROGRAM LOANS AND SECOND
                                             We all know that. Without order, there                  dered.                                                            DRAW LOANS FOR APPLICANTS CON-
                                             can be no justice.                                        Mr. KENNEDY. Madam President,                                   VICTED OF A FELONY IN RELATION
                                               This past year, we have seen felony                   this is the third time I have brought                             TO A RIOT OR CIVIL DISORDER.
                                             rioting throughout the United States.                   this amendment—the third time.                           (a) IN GENERAL.—Section 7(a) of the Small
                                                                                                       Now, you either approve of the riot-                 Business Act (15 U.S.C. 636(a)) is amended—
                                             It doesn’t matter whether that felony
                                                                                                                                                              (1) in paragraph (36), by adding at the end
                                             rioting happened here at the Capitol. It                ing that happened this summer and at                   the following:
                                             doesn’t matter whether it happened in                   the Capitol or you don’t. The riots this                 ‘‘(W) PROHIBITION.—An applicant is not eli-
                                             Portland or Chicago or Atlanta or at                    summer killed 47 people. There was                     gible to receive a covered loan if an owner of
                                             any of our other wonderful commu-                       well over $1 billion worth of damage.                  20 percent or more of the equity of the appli-
                                             nities throughout the United States. It                   No. 2, I can’t help it if Speaker                    cant has, as of the date of the application,
                                             is wrong, and we have all condemned                     PELOSI has decided to go home, which                   been convicted of a felony in relation to a
                                             it. It should be punished, and it cer-                  prevents us from offering amendments                   riot or civil disorder during the 2-year period
                                                                                                     to make this bill better. We all support               preceding the date of the application.’’; and
                                             tainly shouldn’t be rewarded.
                                                                                                                                                              (2) in paragraph (37), by adding at the end
                                               My amendment is very simple. It                       extension of the PPP program, but this                 the following:
                                             says that if you were one of those riot-                is not right, and it would be a lot more                 ‘‘(P) PROHIBITION.—An applicant is not eli-
                                             ers and you have received due process,                  intellectually honest if my colleague,                 gible to receive a covered loan if an owner of
                                             you have been convicted by a court of                   who opposed my amendment, said:                        20 percent or more of the equity of the appli-
                                             law of competent jurisdiction, and you                  Look, we just don’t think that if you                  cant has, as of the date of the application,
                                             have been adjudged to have committed                    rioted you should be punished with re-                 been convicted of a felony in relation to a
                                             a felony with respect to a riot or civil                spect to the PPP program, because                      riot or civil disorder during the 2-year period
                                             disorder in the past 2 years, then you                  that is what a ‘‘no’’ vote is saying.                  preceding the date of the application.’’.
                                                                                                                                                              (b) APPLICABILITY.—The amendments made
                                             cannot participate in the PPP pro-                        The ACTING PRESIDENT pro tem-                        by subsection (a) shall apply with respect to
                                             gram. We already have that law at the                   pore. Time has expired.                                an application for a loan under paragraph
                                             SBA for disaster loans. This would ex-                    Mr. CARDIN. Madam President, I ask                   (36) or (37) of section 7(a) of the Small Busi-
                                             tend it to the PPP program.                             unanimous consent for 30 seconds to re-                ness Act (15 U.S.C. 636(a)(36)) that is sub-
                                               What you allow is what will con-                      spond.                                                 mitted on or after the date of enactment of
                                             tinue. What you allow is what will con-                   The ACTING PRESIDENT pro tem-                        this Act.
                                             tinue, and that is why I would respect-                 pore. Without objection, it is so or-                            VOTE ON AMENDMENT NO. 1401
                                             fully ask consideration for my amend-                   dered.                                                   The ACTING PRESIDENT pro tem-
                                             ment.                                                     Mr.    CARDIN.      The     gentleman’s              pore. The question occurs on agreeing
                                               Mr. CARDIN. Madam President.                          amendment goes well beyond that. The                   to the amendment.
                                               The ACTING PRESIDENT pro tem-                         gentleman’s amendment goes back 2                        Mr. CARDIN. I ask for the yeas and
                                             pore. The Senator from Maryland.                        years. It could have been a civil dis-                 nays.
                                               Mr. CARDIN. I rise in opposition to                   turbance on a college campus if some-                    The ACTING PRESIDENT pro tem-
                                             the Kennedy amendment.                                  one now has an existing business to-                   pore. Is there a sufficient second?
                                               Let me be clear. Any amendment                        tally unrelated to any economic crime.                   There appears to be a sufficient sec-
                                             that is put on this clean extension will                It is just something that should not be                ond.
                                             mean that the program will terminate                    in this law, and I urge my colleagues to                 The clerk will call the roll.




dlhill on DSK120RN23PROD with SENATE
                                             in less than 1 week, and hundreds of                    reject it.                                               The bill clerk called the roll.
                                             thousands of small businesses will not                    Mr. KENNEDY. Madam President.                          (Mr. HICKENLOOPER assumed the
                                             be able to get their PPP loans. These                     The ACTING PRESIDENT pro tem-                        Chair.)
                                             are newly eligible. We changed the cal-                 pore. The Senator from Louisiana.                        (Mr. SCHATZ assumed the Chair.)
                                             culations on how much you can apply                       Mr. KENNEDY. I would like to ask                       The result was announced—yeas 48,
                                             for. Those who have difficulty finding a                my colleague for 30 more seconds.                      nays 52, as follows:



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                                                         S1796               CORRECTION                    CONGRESSIONAL RECORD — SENATE                                                           March 25, 2021
                                                                                                                 more guardrails, there is little assur-                Cotton            Inhofe         Rounds
                                                                     [Rollcall Vote No. 137 Leg.]                                                                       Cramer            Johnson        Rubio
                                                                              YEAS—48                            ance that this is not going to continue.               Crapo             Kennedy        Sasse
                                                         Barrasso          Graham             Paul
                                                                                                                 In particular, the one thing that would                Cruz              Lankford       Scott (FL)
                                                         Blackburn         Grassley           Risch              undermine this popular, bipartisan pro-                Daines            Lee            Scott (SC)
                                                         Blunt             Hagerty            Romney             gram is if people came to the conclu-                  Ernst             Lummis         Shelby
                                                         Boozman           Hawley             Rounds                                                                    Fischer           Marshall       Sullivan
                                                                                                                 sion that it was being used arbitrarily                Graham            McConnell      Thune
                                                         Braun             Hoeven             Rubio
                                                         Burr              Hyde-Smith         Sasse              to give priority to politically favored                Grassley          Moran          Tillis
                                                         Capito            Inhofe             Scott (FL)         groups.                                                Hagerty           Murkowski      Toomey
                                                         Cassidy           Johnson            Scott (SC)                                                                Hawley            Paul           Tuberville
                                                                                                                   So all this amendment does is pro-                   Hoeven            Risch          Wicker
                                                         Cornyn            Kennedy            Shelby
                                                         Cotton            Lankford           Sullivan           hibit the Small Business Administra-                   Hyde-Smith        Romney         Young
                                                         Cramer            Lee                Thune              tion from setting up any new set-asides                                    NAYS—52
                                                         Crapo             Lummis             Tillis             beyond those that this Congress, on a
                                                         Cruz              Marshall           Toomey                                                                    Baldwin           Hickenlooper   Reed
                                                         Daines            McConnell          Tuberville
                                                                                                                 bipartisan basis, already created last                 Bennet            Hirono         Rosen
                                                         Ernst             Moran              Wicker             year when we passed this at the end of                 Blumenthal        Kaine          Sanders
                                                         Fischer           Murkowski          Young              2020.                                                  Booker            Kelly          Schatz
                                                                                                                                                                        Brown             King           Schumer
                                                                             NAYS—52                               What were those priorities? Smaller                  Cantwell          Klobuchar      Shaheen
                                                         Baldwin           Hickenlooper       Reed
                                                                                                                 businesses, businesses in low-income                   Cardin            Leahy          Sinema
                                                         Bennet            Hirono             Rosen              areas, community financial institu-                    Carper            Luján         Smith
                                                                                                                                                                        Casey             Manchin
                                                         Blumenthal        Kaine              Sanders            tions. All it says is, if you want to                  Collins           Markey
                                                                                                                                                                                                         Stabenow
                                                         Booker            Kelly              Schatz             change those priorities, Congress has                                                   Tester
                                                         Brown             King                                                                                         Coons             Menendez
                                                                                              Schumer                                                                                                    Van Hollen
                                                         Cantwell          Klobuchar                             to do it, not the Small Business Ad-                   Cortez Masto      Merkley
                                                                                              Shaheen                                                                   Duckworth         Murphy         Warner
                                                         Cardin            Leahy              Sinema             ministration.                                                                           Warnock
                                                         Carper            Luján                                                                                       Durbin            Murray
                                                                                              Smith                The PRESIDING OFFICER. The Sen-                      Feinstein         Ossoff         Warren
                                                         Casey             Manchin
                                                         Collins           Markey
                                                                                              Stabenow           ator from Maryland.                                    Gillibrand        Padilla        Whitehouse
                                                                                              Tester               Mr. CARDIN. Mr. President, I rise in                 Hassan            Peters         Wyden
                                                         Coons             Menendez
                                                                                              Van Hollen                                                                Heinrich          Portman
                                                         Cortez Masto      Merkley
                                                                                              Warner
                                                                                                                 opposition to the Rubio amendment.
                                                         Duckworth         Murphy                                                                                         The amendment (No. 1405) was re-
                                                         Durbin            Murray             Warnock              The policy that Senator RUBIO is ob-
                                                         Feinstein         Ossoff             Warren             jecting to is implemented by the Small                 jected.
                                                         Gillibrand        Padilla            Whitehouse         Business Administration to help the                      The PRESIDING OFFICER. The Sen-
                                                         Hassan            Peters             Wyden
                                                                                                                 underserved communities.                               ator from Kentucky.
                                                         Heinrich          Portman                                                                                                     POINT OF ORDER
                                                                                                                   During that 14-day period, 400,000
                                                           The amendment (No.1401) was re-                       small businesses with 20 employees or                    Mr. PAUL. Mr. President, in 2010,
                                                         jected.                                                 less were able, at long last, to get PPP               Congress passed what is known as pay-
                                                           The PRESIDING OFFICER. The Sen-                       help. And almost half were first-time                  go. Pay-go was signed into law and re-
                                                         ator from Florida.                                      borrowers under the PPP program,                       quires that if you want to spend new
                                                                         AMENDMENT NO. 1405                      those that had been shut out in the                    money, you have to spend for it, hence
                                                           Mr. RUBIO. Mr. President, I call up                   past.                                                  the name ‘‘pay as you go.’’
                                                         my amendment No. 1405 and ask that it                     But, specifically, the Rubio amend-                    The idea was that if you wanted to
                                                         be reported by number.                                  ment, if it were adopted—and it is                     spend money on something, you would
                                                           The PRESIDING OFFICER. Without                        wrong policy—would require the House                   either need to cut spending or raise
                                                         objection, the clerk will report the                    to concur. The House is not in session                 taxes, but you couldn’t just simply bor-
                                                         amendment by number.                                    for 2 weeks. That could take us beyond                 row more money. And if you don’t cut
                                                           The senior assistant legislative clerk                the 31st of March, and the program                     something, the cuts would be auto-
                                                         read as follows:                                        would end, costing hundreds of thou-                   matic. Except we have now waived pay-
                                                           The Senator from Florida [Mr. RUBIO], for             sands of small businesses the oppor-                   go 60 times since we passed pay-go.
                                                         himself and others, proposes an amendment               tunity that—some are now eligible for                  Debt has gone from $13.5 trillion to $30
                                                         numbered 1405.                                          the first time; some are trying to fig-                trillion because Congress continues to
                                                           The amendment is as follows                                                                                  evade the rules they put in place.
                                                                                                                 ure out the calculations.
                                                         (Purpose: To establish appropriate limita-
                                                                                                                   So for all those reasons—and one last                  It brings us back to the $1.9 trillion
                                                           tions on the Administrator of the Small                                                                      spending bill the other side just passed.
                                                           Business Administration establishing new              point: The Chamber of Commerce of
                                                                                                                 the United States urges all of us to                   They want to now waive the pay-go
                                                           priorities for processing lender applica-
                                                                                                                 vote in favor of the underlying bill and               rule. This will be the 61st time to waive
                                                           tions)
                                                                                                                 oppose any amendment that would de-                    pay-go.
                                                           On page 2, between lines 15 and 16, insert                                                                     Some will say that Republicans
                                                         the following:                                          rail the expeditious approval of this
                                                           (d) LIMITATION ON PRIORITIZATION.—During              measure.                                               didn’t seem to care about the debt
                                                         the period beginning on the date of enact-                Let’s follow the Chamber’s advice.                   when they voted to cut taxes. However,
                                                         ment of this Act and ending on the last day             Let’s vote down the Rubio amendment.                   honest observers will note that I also
                                                         of the covered period, as defined in section                                                                   forced a vote on pay-go when we cut
                                                                                                                             VOTE ON AMENDMENT NO. 1405
                                                         7(a)(36)(A)(iii) of the Small Business Act (15                                                                 taxes. Interestingly, every Democrat in
                                                         U.S.C. 636(a)(36)(A)(iii)), as amended by this            The PRESIDING OFFICER. The                           this body at that time voted to evade
                                                         Act, the Administrator of the Small Busi-               question is on agreeing to the Rubio                   the pay-go rules and add taxes to the
                                                         ness Administration may not establish or en-            amendment.                                             deficit, as I am sure they will today.
                                                         force any priority for processing lender ap-              Mr. RUBIO. Mr. President, I ask for                    So do deficits matter? The answer is
                                                         plications under paragraph (36) or (37) of sec-         the yeas and nays.
                                                         tion 7(a) of the Small Business Act (15 U.S.C.                                                                 a resounding yes. There is no free
                                                         636(a)), except for any priority reasonably
                                                                                                                   The PRESIDING OFFICER. Is there a                    money. When we borrow or print new
                                                         necessary to carry out the set-asides estab-            sufficient second?                                     money, that money must be repaid. We
                                                         lished under section 323(d) of the Economic               There appears to be a sufficient sec-                have racked up nearly $30 trillion in
                                                         Aid to Hard-Hit Small Businesses, Non-                  ond.




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                                                                                                                                                                        debt. That is almost 150 percent of our
                                                         profits, and Venues Act (title III of division            The clerk will call the roll.                        entire economy. We borrow $6.6 million
                                                         N of Public Law 116–260).                                 The senior assistant legislative clerk               every minute. Get that. We borrow
                                                           Mr. RUBIO. Mr. President, the very                    called the roll.                                       $6.6—
                                                         reason we even have to do an extension                    The result was announced—yeas 48,                      The PRESIDING OFFICER. The Sen-
                                                         is that the new administration has un-                  nays 52, as follows:                                   ator’s time has expired.
                                                         fairly and unnecessarily restricted eli-                            [Rollcall Vote No. 138 Leg.]                 Mr. PAUL. I ask unanimous consent
                                                         gible businesses and nonprofits from                                         YEAS—48                           to have 1 minute to conclude my re-
                                                         applying. It has created confusion.                     Barrasso           Boozman               Capito
                                                                                                                                                                        marks.
                                                           People haven’t been able to get in by                 Blackburn          Braun                 Cassidy         The PRESIDING OFFICER. Is there
                                                         the deadlines, and unless we put in                     Blunt              Burr                  Cornyn        objection?



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                                             March 25, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                  S1797
                                               Without objection, it is so ordered.                  Crapo             Kennedy                Rubio           banks that are willing to take on this
                                                                                                     Cruz              Lankford               Sasse
                                               Mr. PAUL. The deficit has gone from                   Daines            Lee                    Scott (FL)
                                                                                                                                                              loan. And we are now into a second
                                             $3 trillion last year; it will be $3.5 tril-            Ernst             Lummis                 Scott (SC)      round. There is over $50 billion avail-
                                             lion this year.                                         Grassley          Marshall               Tillis          able at the end of this month to con-
                                                                                                     Hagerty           Moran                  Toomey          tinue the program.
                                               In Washington, every day is a good                    Hawley            Paul                   Tuberville
                                             day to spend money. Big spenders like                   Hyde-Smith        Risch                  Wicker            I would urge my colleagues to sup-
                                             to say the Federal Government is no                     Johnson           Rounds                 Young           port this legislation.
                                             different than a family budget. We                         The PRESIDING OFFICER (Mr.                              I would yield the remainder of our
                                             have the Federal Reserve that can                       KING). On this vote, the yeas are 64, the                time to Senator COLLINS.
                                             print money to buy our debt, but all                    nays are 36.                                               The PRESIDING OFFICER. The Sen-
                                             that does is cause inflation. Even with                    Three-fifths of the Senators duly cho-                ator from Maine.
                                             inflation not spiking, we have lost 17                  sen and sworn having voted in the af-                      Ms. COLLINS. Mr. President, I rise
                                             percent of the dollar over the last sev-                firmative, the motion is agreed to.                      to urge my colleagues to support pas-
                                             eral years.                                                The bill was ordered to a third read-                 sage of H.R. 1799, the PPP Extension
                                               Who is responsible for the $30 trillion               ing and was read the third time.                         Act of 2021. It is imperative that we act
                                             debt? Republicans? Democrats? The an-                      The PRESIDING OFFICER. The Sen-                       immediately to pass this bill because
                                             swer is yes and yes. Both parties are to                ator from Kentucky.                                      we are just days away from the PPP
                                             blame. The vote I have called for is a                     Mr. PAUL. Mr. President, I ask unan-                  being closed to applications for assist-
                                             litmus test for fiscal responsibility.                  imous consent for 6 minutes, 3 minutes                   ance. This bill mirrors legislation I in-
                                             Anyone who cares about the debt                         equally divided.                                         troduced with my colleagues, Senators
                                             should vote to enforce the pay-go rule.                    The PRESIDING OFFICER. Without                        CARDIN and SHAHEEN, which is cospon-
                                               According to the CBO, the bill before                 objection, it is so ordered.                             sored by Senators MARSHALL, SUL-
                                                                                                        Mr. PAUL. Since the implementation                    LIVAN,   ROSEN, MURKOWSKI, LEAHY,
                                             us will increase the deficit by $15 bil-
                                             lion in fiscal year 2021; therefore, I                  of PPP last April, 38 Planned Parent-                    WYDEN,      TILLIS,    OSSOFF,    CAPITO,
                                             raise a point of order against the meas-                hood affiliates applied for and received                 MERKLEY, HEINRICH, PORTMAN, KLO-
                                                                                                     $80 million in taxpayer funds meant for                  BUCHAR, and MANCHIN.
                                             ure pursuant to section 404(a) of S.
                                                                                                     small business relief.                                     Last March, Senators RUBIO, CARDIN,
                                             Con. Res. 13 of the 111th Congress.
                                                                                                        Pursuant to the longstanding affili-                  SHAHEEN, and I crafted the Paycheck
                                               The PRESIDING OFFICER. The Sen-
                                                                                                     ation rules, which stipulate that affili-                Protection Program, PPP—a forgivable
                                             ator from Maryland.
                                                                                                     ated organizations are considered one                    loan program designed to help keep
                                                              MOTION TO WAIVE
                                                                                                     organization, the Small Business Ad-                     small employers afloat and their em-
                                               Mr. CARDIN. Mr. President, I have                     ministration found that Planned Par-                     ployees paid during the pandemic.
                                             been advised by the administration                      enthood was ineligible for PPP funds                       The bipartisan bill we are consid-
                                             there is an excess of $50 billion avail-                and sent letters to each of the 38 orga-                 ering today would simply extend the
                                             able at the end of this month for the                   nizations that wrongfully received                       current application deadline for new
                                             extension. So pursuant to section 904 of                funds.                                                   PPP loans from March 31 to May 31 of
                                             the Congressional Budget Act of 1974,                      After months of delay, though, SBA                    this year and then provide an addi-
                                             the waiver provisions of applicable                     finally revealed that they have now                      tional 30-day period during which time
                                             budget resolutions in section 4(g)(3) of                given secondary loans to more Planned                    the Small Business Administration
                                             the Statutory Pay-As-You-Go Act of                      Parenthood organizations. These ap-                      may continue processing applications
                                             2010, I move to waive all applicable sec-               provals come long after the SBA had                      received prior to the new May 31 dead-
                                             tions of those acts and applicable budg-                determined that the initial ones were                    line. This bipartisan bill passed the
                                             et resolutions for purpose of the pend-                 illegal.                                                 House last week by an overwhelming
                                             ing measure, and I ask for the yeas and                    Further extending the PPP program                     margin of 415 to 3.
                                             nays.                                                   could allow all 49 Planned Parenthood                      The PPP has been a lifeline for small
                                               The PRESIDING OFFICER. Is there a                     affiliates time to access both the first                 businesses in Maine and across the
                                             sufficient second?                                      or second draw of PPP loans, given the                   country, providing the support they
                                               There appears to be a sufficient sec-                 Biden administration’s apparent recent                   need to survive the pandemic and con-
                                             ond.                                                    actions.                                                 tinue paying their employees. In 2020,
                                               The clerk will call the roll.                            I urge everyone who believes that                     more than 5 million small employers
                                               The senior assistant bill clerk called                taxpayers should not be forced to pay                    received forgivable PPP loans, helping
                                             the roll.                                               for abortion to vote no.                                 to sustain upwards of 50 million Amer-
                                               The yeas and nays resulted—yeas 64,                      The PRESIDING OFFICER. The Sen-                       ican jobs. This included more than
                                             nays 36, as follows:                                    ator from Maryland.                                      28,000 Maine small businesses, which
                                                         [Rollcall Vote No. 139 Leg.]                   Mr. CARDIN. Mr. President, first, I                   received nearly $2.3 billion in forgiv-
                                                                  YEAS—64                            want to thank Senator COLLINS for her                    able PPP loans. The average loan size
                                                                                                     leadership on this issue. I want to                      in Maine during this time was $80,000.
                                             Baldwin           Hickenlooper       Reed
                                             Bennet            Hirono             Romney             thank Senator SHAHEEN for her help in                      Recognizing the importance of this
                                             Blumenthal        Hoeven             Rosen              getting this done.                                       program for our Nation’s small em-
                                             Booker            Inhofe             Sanders               This bill is widely supported. It                     ployers, the bipartisan December 2020
                                             Brown             Kaine              Schatz                                                                      COVID-relief law provided an addi-
                                             Burr              Kelly
                                                                                                     passed the House by 415 to 3, supported
                                                                                  Schumer                                                                     tional $284.5 billion to reopen the Pay-
                                             Cantwell          King                                  by the U.S. Chamber of Commerce, the
                                                                                  Shaheen
                                             Cardin            Klobuchar          Shelby             NFIB, and numerous other stake-                          check Protection Program and allow
                                             Carper            Leahy                                 holders in small business.                               the hardest hit small employers to re-
                                                                                  Sinema
                                             Casey             Luján
                                             Collins           Manchin
                                                                                  Smith                 It will be 1 year since the passage of                ceive a second forgivable loan. The De-
                                             Coons                                Stabenow           the CARES Act, and the PPP program                       cember law also made other improve-
                                                               Markey
                                                                                  Sullivan
                                             Cortez Masto      McConnell                             has saved millions of small businesses                   ments to the PPP, such as expanding
                                             Cramer            Menendez           Tester
                                                                                  Thune              from being shuttered. It has helped                      forgivable overhead expenses to include
                                             Duckworth         Merkley
                                             Durbin            Murkowski          Van Hollen         save our unemployment insurance sys-                     supplier costs and investments in facil-
                                             Feinstein         Murphy             Warner             tem by keeping small-employer em-                        ity modifications and personal protec-
                                             Fischer           Murray             Warnock            ployees on the payroll. It has kept                      tive equipment needed to operate safe-
                                             Gillibrand        Ossoff             Warren
                                                                                                     workforce together for small busi-                       ly.




dlhill on DSK120RN23PROD with SENATE
                                             Graham            Padilla            Whitehouse
                                             Hassan            Peters             Wyden              nesses, which is critically important to                   Since reopening in January, more
                                             Heinrich          Portman                               get through this pandemic.                               than 3.1 million additional forgivable
                                                                 NAYS—36                                Small businesses need additional                      loans—totaling nearly $196 billion—
                                                                                                     time because we have changed the eli-                    have been approved for small busi-
                                             Barrasso          Boozman            Cassidy
                                             Blackburn         Braun              Cornyn             gibility, we have changed the calcula-                   nesses across the country. In Maine,
                                             Blunt             Capito             Cotton             tion, and you have to find private                       more than 12,700 small employers have



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                                             S1798                                             CONGRESSIONAL RECORD — SENATE                                                         March 25, 2021
                                             been approved for $797 million in for-                    I urge my colleagues to support pas-                                               MARCH 15, 2021.
                                             givable loans since PPP’s reopening. In                 sage of this bill.                                      Hon. BEN CARDIN,
                                             total, Maine small employers have                                                                               Chair, Senate Small Business Committee,
                                                                                                       There being no objection, the mate-                   Washington, DC.
                                             been approved for upwards of $3 billion
                                                                                                     rial was ordered to be printed in the                   Hon. SUSAN COLLINS,
                                             in forgivable loans since the program                                                                           U.S. Senate, Washington, DC.
                                             was created last year.                                  RECORD, as follows:
                                                                                                                                                             Hon. JEANNE SHAHEEN,
                                               I have heard from numerous small                             CONSUMER BANKERS ASSOCIATION,                    U.S. Senate, Washington, DC.
                                             employers about the impact this pro-                                 Washington, DC, March 15, 2021.            Hon. CAROLYN BOURDEAUX,
                                                                                                     Hon. SUSAN COLLINS,
                                             gram has had on them and their em-                                                                              House of Representatives, Washington, DC.
                                                                                                     U.S. Senate, Washington, DC.                            Hon. NYDIA VELÁZQUEZ,
                                             ployees. The PPP has helped the own-                    Hon. BEN CARDIN,
                                             ers of Pottle Transportation in                                                                                 Chair, House Small Business Committee, Wash-
                                                                                                     Chairman, U.S. Senate Committee on Small                    ington, DC.
                                             Hermon, Anglers Restaurants in Hamp-                        Business, Washington, DC.                           Hon. BLAINE LUETKEMEYER,
                                             den, and the Harraseeket Inn in Free-                   Hon. JEANNE SHAHEEN,                                    Ranking Member, House Small Business Com-
                                             port keep their businesses alive and                    U.S. Senate, Washington, DC.                                mittee, Washington, DC.
                                             their employees paid. Hodgdon, Amer-                         DEAR SENATOR COLLINS, CHAIRMAN CARDIN,             Hon. YOUNG KIM,
                                             ica’s oldest boat builder, was able to                  AND SENATOR SHAHEEN: On behalf of the Con-              House of Representatives, Washington, DC.
                                             keep its family-owned East Boothbay                     sumer Bankers Association (CBA), I write to               DEAR SENATORS CARDIN, COLLINS AND SHA-
                                             business in operation with the help of                  express our support of S. 723, The PPP Ex-              HEEN    AND   REPRESENTATIVES VELÁZQUEZ,
                                             two forgivable PPP loans. The owner of                                                                          LUETKEMEYER, BOURDEAUX AND KIM: The un-
                                                                                                     tension Act of 2021. I thank you for your con-
                                                                                                                                                             dersigned organizations are writing to thank
                                             Channel X Radio in Aroostook County                     tinued leadership as our nation rises to meet           you for your bicameral leadership and swift
                                             told me that two forgivable PPP loans                   the challenges posed by the COVID–19 crisis.            bipartisan action to provide relief to Amer-
                                             kept his business going. The Boys &                     CBA commends the work of Congress, the                  ica’s small businesses through this economic
                                             Girls Clubs of Southern Maine and the                   Small Business Administration (SBA), and                emergency. We strongly support the PPP Ex-
                                             Y in Bangor have been able to provide                   all the lenders across the country who to-              tension Act of 2021, which will extend the
                                             childcare and other services to children                gether worked dutifully to make the Pay-                Small Business Administration’s (SBA) Pay-
                                                                                                                                                             check Protection Program (PPP) application
                                             due to support from the PPP.                            check Protection Program (PPP) a reality
                                                                                                                                                             period beyond the March 31, 2021 sunset date.
                                               With the ongoing distribution of                      and provide much needed relief to millions of             While we realize the Small Business Ad-
                                             COVID–19 vaccines and reopening of                      small businesses.                                       ministration (SBA) is under tremendous
                                             our Nation’s economy, I am hopeful                        Lenders remain committed to serve their               time constraints and is struggling with in-
                                             that better times will soon be ahead.                   small business customers and have engaged               ternal resource issues, our members are
                                             We are not there yet, which is why we                                                                           highly concerned by the lack of progress on
                                                                                                     considerable resources to process PPP loan
                                             need to extend the deadline to apply                                                                            major Paycheck Protection Program (PPP)
                                                                                                     applications so they can ensure our nation’s            processing issues, including hold/error codes
                                             for new PPP loans. Extending the dead-                  small businesses have the support they need             and application rejections due to Taxpayer
                                             line would provide more time for the                    to endure these challenging economic times.             Identification Number (‘‘TIN’’) issues or
                                             Small Business Administration to re-                    Unfortunately, operational changes made by              mismatches, in addition to many unresolved
                                             solve error messages generated by its                   SBA during this current round of PPP lend-              technical problems with the current PPP
                                             computer systems that prevented eligi-                  ing has slowed the funding of PPP loan ap-              process. These delays and denials may put
                                             ble small businesses from receiving ap-                 plications.                                             many applicants in danger of not making the
                                                                                                                                                             March 31st authorization deadline.
                                             proval for a PPP Loan. It would also                      With just weeks before the program sun-                 Nearly one year into the COVID–19 pan-
                                             give us more time to address an in-                     sets, our members are working tirelessly to             demic, the continued liquidity challenges of
                                             equity facing certain sole proprietors                  resolve complications with the processing               the small business sector are acute, espe-
                                             who received their PPP loans before                     and approval of PPP applications. Issues                cially for those business limited by dramatic
                                             the Biden administration unexpectedly                   flagged during SBA’s processing of applica-             capacity restrictions and other critical
                                             announced a change in the maximum                                                                               health and safety protocols in place to pro-
                                                                                                     tions, such as loan hold and error codes, con-
                                                                                                                                                             tect the public, consumers and workers from
                                             loan amount calculation for these                       tinue to be major hurdles for successful PPP            COVID–19. Thank you for extending the win-
                                             types of businesses.                                    funding. Despite lenders’ efforts to work               dow of opportunity for pandemic programs
                                               By extending the PPP for another 2                    with their customers and the SBA to quickly             to effectively impact the affected small busi-
                                             months and then providing an addi-                      resolve them, these issues continue to sig-             ness sector, especially those traditionally
                                             tional 30 days after that time for the                  nificantly delay the funding of requests to             under-invested and underserved groups
                                             SBA to process applications that are                    businesses that have very pressing financial            which must also be given the chance to suc-
                                             still pending, the bill before us today                 concerns. This, coupled with the recent                 ceed.
                                             would help our Nation’s small employ-                                                                             We stand ready to work with you during
                                                                                                     changes by the SBA allowing Schedule C bor-
                                                                                                                                                             this critical moment, and thank you for con-
                                             ers retain access to forgivable PPP                     rowers to qualify for more PPP relief, makes            sidering our views.
                                             loans.                                                  it imperative that more time is provided.                     Sincerely,
                                               This bill has been endorsed by more                     Extending the PPP and providing a window                Accessories Council (AC); AICC, The Inde-
                                             than 90 organizations, including the                    for lenders and the SBA to process received             pendent Packaging Association; American
                                             National Federation of Independent                      applications will ensure any small business             Apparel & Footwear Association (AAFA);
                                             Business, U.S. Chamber of Commerce,                                                                             American Bankers Association; American
                                                                                                     that wants access to the program is able to
                                             American Hotel & Lodging Associa-                                                                               Beverage Licensees; American Council of En-
                                                                                                     do so. The PPP Extension Act of 2021 will               gineering Companies; American Dental Asso-
                                             tion, International Franchise Associa-                  provide the SBA, lenders, and small busi-               ciation; American Farm Bureau Federation;
                                             tion, National Restaurant Association,                  nesses the critical time that is needed to              American Hotel & Lodging Association;
                                             the U.S. Travel Association, and the                    properly implement recent alterations to the            American Lighting Association; American
                                             Independent Community Bankers of                        program and resolve any outstanding proc-               Mold Builders Association; American Rental
                                             America. I would ask unanimous con-                     essing issues, ultimately allowing small                Association; American Society of Travel Ad-
                                             sent that these letters of support be                   businesses to fully realize the benefits of the         visors; American Subcontractors Associa-
                                             printed in the RECORD at the conclu-                                                                            tion; American Supply Association; AMT—
                                                                                                     PPP.
                                                                                                                                                             The Association For Manufacturing Tech-
                                             sion of my statement.                                     Again, thank you for your time and consid-            nology; Asian American Hotel Owners Asso-
                                               I would like to once again thank my                   eration on these important matters. CBA                 ciation; Associated Builders and Contrac-
                                             colleagues, Senators CARDIN and SHA-                    and our members remain eager to work with               tors; Associated General Contractors of
                                             HEEN, for partnering with me on this                                                                            America; Association of the Wall and Ceiling
                                                                                                     Congress and the SBA to help small busi-
                                             legislation, and Senator RUBIO for                      nesses in these uncertain economic times.               Industry; Auto Care Association.
                                             working to craft the PPP and oversee                          Sincerely,                                          Bank Policy Institute; Brea Chamber of




dlhill on DSK120RN23PROD with SENATE
                                             its implementation. I look forward to                                                                           Commerce; Building Owners and Managers
                                                                                                                          RICHARD HUNT,
                                             working with them and the new admin-                                                                            Association (BOMA) International; Chemical
                                                                                                                          President and CEO,
                                                                                                                                                             Fabrics & Film Association (CFFA); Coali-
                                             istrator of the Small Business Admin-                                 Consumer Bankers Association.
                                                                                                                                                             tion of Franchisee Associations; Consumer
                                             istration to ensure that the PPP is im-                                                                         Bankers Association; Council of Fashion De-
                                             plemented according to Congressional                                                                            signers of America (CFDA); Economic Inno-
                                             intent.                                                                                                         vation Group; Electronics Representatives




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                                             March 25, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                     S1799
                                             Association; Energy Marketers of America;               would do so using funds that have already              However, SBA has limited this treatment to
                                             Foodservice Consultants Society Inter-                  been appropriated.                                     1040 Schedule F filers. It is not available to
                                             national—The Americas; Foodservice Equip-                 Community banks are doing everything in              thousands of self-employed farmers and
                                             ment Distributors Association; Franchise                their power to complete and submit PPP ap-             ranchers whose businesses are organized as
                                             Business Services; Global Business Travel               plications to the SBA before the March 31              partnerships or S corporations. Congress
                                             Association; Global Cold Chain Alliance;                deadline. Unfortunately, they have no assur-           should direct the SBA to make the gross in-
                                             Golf Course Superintendents Association of              ances that qualified applications submitted            come method available to these farmers and
                                             America; Independent Electrical Contrac-                timely will be approved. The CARES Act                 ranchers.
                                             tors; International Council of Shopping Cen-            does not allow for approval of applications              Schedule C Borrowers. Schedule C filers
                                             ters; International Franchise Association;              after March 31, regardless of when they were           should be able to apply for an increase under
                                             ISSA—The Worldwide Cleaning Industry As-                submitted and the quality of the applica-              new SBA rules that allow Schedule C bor-
                                             sociation.                                              tions. Unless a statutory change is made,              rowers with no employees to use gross in-
                                               Korean American Chamber of Commerce of                thousands of applications will be rejected             come rather than net profit to determine the
                                             Orange County; La Habra Chamber of Com-                 simply because the clock has run out.                  loan amount. This is a welcome change, but
                                             merce; National Association of Development                This outcome would be especially unfair              those borrowers who have already obtained
                                             Companies (NADCO); National Association of              because of the thousands of applications               loans have no opportunity to apply for an in-
                                             Government Guaranteed Lenders (NAGGL);                  have been in limbo at the SBA for weeks be-            crease based on the new rules. They may
                                             National Association of Home Builders; Na-              cause they were flagged and put on hold by             qualify for significantly larger loans but are
                                             tional Association of Professional Insurance            an automated program for possible waste,               effectively being punished for submitting
                                             Agents; National Association of the Remod-              fraud, or abuse. These applications require            their applications early.
                                             eling Industry; National Association of The-            SBA review in order to be cleared of holds               Save Our Stages Applicants. Live action
                                             atre Owners; National Association of Trailer            and approved for funding. If they cannot be            venues eligible for Save Our Stages grants
                                             Manufacturers; National Association of                  cleared by March 31, cash starved applicants           should be allowed to apply for PPP loans
                                             Women Business Owners (NAWBO); National                 and the people they employ will be denied              while waiting to find out if they will receive
                                             Automatic      Merchandising       Association          access to funds they had anticipated and               a grant. If such a venue eventually does re-
                                             (NAMA); National Community Pharmacists                  planned for. We do not believe this outcome            ceive a grant, the amount of the grant could
                                             Association; National Cotton Council; Na-               was intended by Congress.                              be reduced by the amount of the PPP loan,
                                             tional Council of Chain Restaurants; Na-                  The PPP Extension Act would resolve this             thereby avoiding the double dipping prohib-
                                             tional Electrical Contractors Association;              problem by extending the application dead-             ited by the statute.
                                             National Electrical Manufacturers Rep-                  line until May 31 and creating a second dead-            Thank you again for introducing the PPP
                                             resentatives Association (NEMRA); National              line of June 30 for SBA approval. This will            Extension Act. We look forward to working
                                             Federation of Independent Business (NFIB);              give applicants more time, and the two-                with you to advance this important legisla-
                                             National    Fisheries   Institute;   National           tiered deadline will ensure the Program does           tion. We urge you to use this opportunity to
                                             Franchisee Association.                                 not end abruptly.                                      address the problems with the Program dis-
                                               National Independent Venue Association;                                                                      cussed above.
                                                                                                          ADDITIONAL CHANGES NEEDED TO ENSURE
                                             National Ready Mixed Concrete Association;                                                                           Sincerely,
                                                                                                           EQUITABLE DISTRIBUTION OF PPP FUNDS
                                             National Restaurant Association; National                                                                                      REBECA ROMERO RAINEY,
                                             Retail Federation; National Roofing Con-                  Any extension of the deadline will give                                          President & CEO.
                                             tractors Association; National RV Dealers               Congress the opportunity to refine and im-
                                             Association (RVDA); National Small Busi-                prove the Program rules and formulas to en-                                               NFIB,
                                             ness Association; National Tooling and Ma-              sure equitable distribution of funds to those                                        March 25, 2021.
                                             chining Association; North American Asso-               borrowers that can make the best use of                  DEAR SENATOR: On behalf of NFIB, the na-
                                             ciation of Food Equipment Manufacturers                 them. ICBA urges Congress and the SBA to               tion’s leading small business advocacy orga-
                                             (NAFEM); North American Die Casting Asso-               make fixes to resolve the problems identified          nization, I write in support of H.R. 1799, the
                                             ciation; Orange County Business Council;                below.                                                 PPP Extension Act of 2021, which will extend
                                             Pet Industry Distributors Association; Preci-             First Draw Increase Eligibility. Certain             authorization for the Paycheck Protection
                                             sion Machined Products Association; Preci-              borrowers who have not yet filed for and re-           Program (PPP) beyond March 31, 2021. H.R.
                                             sion Metalforming Association; Promotional              ceived forgiveness of their first draw 2020            1799 will be considered an NFIB Key Vote for
                                             Products Association International (PPAI);              PPP loan may apply for an increase in that             the 117th Congress.
                                             San Gabriel Valley Economic Partnership;                loan. However, borrowers whose first draw                NFIB research indicates economic condi-
                                             Secondary Materials and Recycled Textiles               2020 loans have already been forgiven cannot           tions remain challenging for our nation’s
                                             Association; Service Station Dealers of                 apply for a first draw loan increase, even if          small businesses. According to NFIB’s latest
                                             America and Allied Trades (SSDA–AT).                    they otherwise meet the criteria for an in-            monthly survey, small business optimism re-
                                               Small Business Council of America; Small              crease. This is unfair because it punishes             mains below its historic 47-year average.
                                             Business & Entrepreneurship Council; Small              borrowers who filed forgiveness applications           Small business owners expecting better busi-
                                             Business Legislative Council; Small Business            early. The statute should be amended to                ness conditions over the next six months re-
                                             Majority; Specialty Equipment Market Asso-              allow borrowers who have received first draw           mains at a net negative 19%, a poor reading.
                                             ciation; Specialty Tools & Fasteners Dis-               loan forgiveness to be eligible to receive a           Moreover, the economic recovery continues
                                             tributors Association (STAFDA); SPRI; Tile              first draw loan increase.                              to be uneven for small businesses, especially
                                             Roofing Industry Alliance; Tire Industry As-              Second Draw Eligibility. Those applying              those still managing state and local regula-
                                             sociation (TIA); The Real Estate Roundtable;            for a first draw in 2021 should be allowed ac-         tions and restrictions, with 15% recently re-
                                             Travel Goods Association (TGA); United                  cess to a second draw. Community bankers               porting that they will have to close their
                                             States Hispanic Chamber of Commerce;                    have solicited and received numerous appli-            doors if current economic conditions do not
                                             United Veterinary Services Association; U.S.            cations for first draw loans in 2021. In many          improve over the next six months.
                                             Chamber of Commerce; U.S. Travel Associa-               cases, these applicants would have applied               Many small business owners are con-
                                             tion; Yorba Linda Chamber of Commerce.                  for first draw loans in 2020, if they had the          tinuing to evaluate their financial needs as
                                                                                                     benefit of better information and advice, and          they assess the future of government restric-
                                                         INDEPENDENT COMMUNITY                       would now be eligible for second draw loans.           tions on their businesses as well as progress
                                                                 BANKERS OF AMERICA,                 They have effectively left money on the                in controlling the COVID–19 pandemic. Un-
                                                           Washington, DC, March 16, 2021.           table that could be used for critical expendi-         fortunately, the timeframe for making deci-
                                             Hon. BEN CARDIN,                                        tures.                                                 sions regarding a first or second draw PPP
                                             Chairman, Committee on Small Business & En-               Second Draw Use of Proceeds Requirement.             loan after passage of the Consolidated Appro-
                                                 trepreneurship, U.S. Senate, Washington,            Borrowers with a modest shortfall in using             priations Act of 2021 has been short, particu-
                                                 DC.                                                 first draw dollars for eligible purposes               larly as Congress and the Administration
                                             Hon. SUSAN COLLINS,                                     shouldn’t be shut out from second draw                 have recently made additional changes to
                                             U.S. Senate, Washington, DC.                            loans, especially if they’ve already repaid            the program.
                                             Hon. JEANNE SHAHEEN,                                    the remaining balance on the first draw loan.            For these reasons and given the high level
                                             U.S. Senate, Washington, DC.                            Congress should consider creating a percent-           of uncertainty over future economic condi-
                                               DEAR CHAIRMAN CARDIN AND SENATORS COL-                age-based de minimis test to define a level of         tions, it makes sense to extend the author-
                                             LINS AND SHAHEEN: On behalf of community                spending on ineligible expenses that would             ization of the PPP program through May 31,
                                             banks across the country, with more than                not disqualify a borrower for a second draw            2021 to give small businesses additional time




dlhill on DSK120RN23PROD with SENATE
                                             50,000 locations, I write to thank you for in-          loan.                                                  to consider their needs and apply. NFIB is
                                             troducing the PPP Extension Act of 2021 (S.               Farm Partnerships. Current law allows                also pleased that this legislation will provide
                                             723). This legislation is needed to ensure that         self-employed farmers and ranchers that re-            an additional 30 days for SBA to process
                                             thousands of Paycheck Protection Program                port farm income on Schedule F to use the              pending applications, which will help to en-
                                             applicants—small businesses, churches, and              gross income method, rather than the net in-           sure small businesses are not unfairly
                                             other non-profit employers—are not stranded             come method, to calculate their maximum                harmed by PPP processing delays, which
                                             by an abrupt shutdown of the Program and                loan amount and owner’s compensation.                  continue to pose a challenge to the program.




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                                             S1800                                             CONGRESSIONAL RECORD — SENATE                                                         March 25, 2021
                                               NFIB supports H.R. 1799, the PPP Exten-               Portman           Scott (SC)            Tuberville        It imposes an ambiguous condition
                                             sion Act of 2021 and will consider final pas-           Reed              Shaheen               Van Hollen
                                                                                                     Romney            Sinema                Warner
                                                                                                                                                             on Federal funding; it results in Fed-
                                             sage of the legislation as an NFIB Key Vote                                                                     eral conditions that don’t relate to the
                                                                                                     Rosen             Smith                 Warnock
                                             for the 117th Congress.                                 Rounds            Stabenow              Warren          Federal interest for which the program
                                                   Sincerely,                                        Rubio             Sullivan
                                                                 KEVIN KUHLMAN,
                                                                                                                                             Whitehouse      was established; it violates separation
                                                                                                     Sanders           Tester                Wicker
                                                                       Vice President,               Schatz            Thune                                 of powers and fundamental democratic
                                                                                                                                             Wyden
                                                      Federal Government Relations, NFIB.            Schumer           Tillis
                                                                                                                                             Young
                                                                                                                                                             principles and effectively commandeers
                                                                                                     Scott (FL)        Toomey                                half of the States’ fiscal ledgers; and,
                                               Ms. COLLINS. Mr. President, I urge
                                             all of our colleagues to vote yes on this                                    NAYS—7                             ultimately, it is unconstitutionally co-
                                             bill, which will provide a crucial 2-                   Crapo             Lee                   Shelby          ercive.
                                             month extension for the Paycheck Pro-                   Cruz              Paul                                    Treasury said last week that States
                                                                                                     Hawley            Risch                                 can still cut their taxes; they just can’t
                                             tection Program.
                                               This program has been a lifeline to                                    NOT VOTING—1                           use American Rescue Plan money to do
                                             countless small businesses and has                                        Sasse                                 it. But Governors and State legisla-
                                             saved more than 50 million jobs in this                                                                         tures are still confused.
                                                                                                      The bill (H.R. 1799) passed.                             One midwestern attorney general has
                                             country.                                                 The PRESIDING OFFICER (Mr. VAN
                                               I salute my colleagues Senator                                                                                asked a Federal judge to block the tax
                                                                                                     HOLLEN). The majority leader.                           cut prohibition. Multiple tax profes-
                                             CARDIN and Senator SHAHEEN for their                                      f
                                             work on this extension, which was                                                                               sionals and outside groups say there
                                             overwhelmingly passed by the House.                      PREVENTING ACROSS-THE-BOARD                            are many questions still left unan-
                                               Let’s talk about briefly what would                          DIRECT SPENDING CUTS                             swered.
                                                                                                                                                               We can stop this entire mess by
                                             happen if we do not act. If we do not                     Mr. SCHUMER. Mr. President, I ask                     adopting my amendment, the Let
                                             act, there are approximately 190,000                    unanimous consent that the Senate                       States Cut Taxes Act, an amendment
                                             loans still under review, which pre-                    proceed to the immediate consider-                      to stop the Federal Government’s un-
                                             vents any of these businesses from re-                  ation of H.R. 1868; that the Shaheen-                   constitutional overreach on States’
                                             ceiving a second PPP loan. These small                  Collins substitute amendment No. 1410                   rights.
                                             businesses need this assistance now in                  and the Scott of Florida amendment                        Therefore, I ask that the Senator
                                             order to pay their employees and stay                   No. 1411 be made pending and reported                   modify his request to include my
                                             afloat during this pandemic.                            by number; further, that the Senate                     amendment, which is at the desk, and
                                               We cannot wait. The House has gone                    vote in relation to the Scott amend-                    that following disposition of the Scott
                                             home. We cannot allow an interruption                   ment and the substitute, that upon dis-                 amendment, the Senate vote on my
                                             of this vital program that has made                     position of the amendments, the bill be                 amendment with a 60-affirmative-vote
                                             such a difference to our small busi-                    considered read a third time, the Sen-                  threshold for adoption.
                                             nesses and their employees.                             ate vote on passage of the bill as                        The PRESIDING OFFICER. Does the
                                               I urge all of my colleagues to support                amended, if amended, with 60 affirma-                   Senator so modify his request?
                                             this 2-month extension, with an addi-                   tive votes required for passage; further,                 The Senator from West Virginia.
                                             tional month for SBA to review the ap-                  that there be 2 minutes for debate,                       Mr. MANCHIN. Mr. President, I re-
                                             plications.                                             equally divided, prior to each vote; and                serve the right to object.
                                                              VOTE ON H.R. 1799                      finally, that the motions to reconsider                   I have a statement to make.
                                               The PRESIDING OFFICER. The bill                       be considered made and laid upon the                      Last week, my friend from Indiana
                                             having been read the third time, the                    table, all with no intervening action or                and I were last down here discussing
                                             question is, Shall the bill pass?                       debate.                                                 this issue.
                                               Mr. CARDIN. I ask for the yeas and                      The PRESIDING OFFICER. Is there                         There seemed to be a lot of confusion
                                             nays.                                                   objection?                                              about the Treasury—or how the Treas-
                                               The PRESIDING OFFICER. Is there a                       The Senator from Indiana. Mr.                         ury would interpret the net tax rev-
                                             sufficient second?                                      BRAUN. Mr. President, reserving the                     enue provision. There seemed to be a
                                               There appears to be a sufficient sec-                 right to object, I rise today to ask sup-               fear that this language would prevent
                                             ond.                                                    port of this body to fix a problem in                   States from cutting any taxes whatso-
                                               The clerk will call the roll.                         the American Rescue Plan, a bill that                   ever.
                                               The bill clerk called the roll.                       was passed in a rushed manner with no                     And the good news is that we re-
                                               Mr. THUNE. The following Senator is                   input from Republicans.                                 ceived some guidance earlier this week
                                             necessarily absent: the Senator from                      I do not rise today to debate the un-                 from Secretary Yellen that should put
                                             Nebraska (Mr. SASSE).                                   derlying bill, although there could be                  those concerns to bed once and for all.
                                               Further, if present and voting, the                   plenty to debate about it, but to make                    Mr. President, I ask unanimous con-
                                             Senator from Nebraska (Mr. SASSE)                       the point we can multitask and address                  sent to have printed in the RECORD the
                                             would have voted ‘‘yea.’’                               more than one time-sensitive issue at a                 letter from Secretary Yellen.
                                               The result was announced—yeas 92,                     time.                                                     There being no objection, the mate-
                                             nays 7, as follows:                                       We need to protect senior citizens                    rial was ordered to be printed in the
                                                       [Rollcall Vote No. 140 Leg.]                  and ensure we aren’t making cuts to a                   RECORD, as follows:
                                                                YEAS—92                              vital program like Medicare, and today                           DEPARTMENT OF THE TREASURY,
                                                                                                     we will do that.                                                      Washington, DC, March 23, 2021.
                                             Baldwin           Cotton             Kelly
                                             Barrasso          Cramer             Kennedy              But we have another issue that we                     Hon. MARK BRNOVICH,
                                             Bennet            Daines             King               can address today as well.                              Attorney General, State of Arizona,
                                             Blackburn         Duckworth          Klobuchar            In the American Rescue Plan, Demo-                    Phoenix, AZ.
                                             Blumenthal        Durbin             Lankford                                                                     DEAR ATTORNEY GENERAL BRNOVICH: I
                                             Blunt             Ernst              Leahy
                                                                                                     crats punished red States, like Indiana,
                                                                                                                                                             write in reply to your March 16, 2021 letter
                                             Booker            Feinstein          Luján             for keeping unemployment low, by tak-                   regarding Treasury’s implementation of sec-
                                             Boozman           Fischer            Lummis             ing a smart approach to COVID, by bal-                  tion 9901 of the American Rescue Plan Act
                                             Braun             Gillibrand         Manchin            ancing public safety with the economy.
                                             Brown             Graham             Markey                                                                     (the ‘‘Act’’), which provides funds to States,
                                             Burr              Grassley           Marshall             Now they want to tell States that                     territories, Tribal governments, and local-
                                             Cantwell          Hagerty            McConnell          they can’t cut taxes through 2024, de-                  ities to help them manage the economic con-
                                             Capito            Hassan             Menendez           spite being good stewards day in and                    sequences of COVID–19.




dlhill on DSK120RN23PROD with SENATE
                                             Cardin            Heinrich           Merkley                                                                      In the Act, Congress has provided funding
                                             Carper            Hickenlooper       Moran
                                                                                                     day out of taxpayer money over the
                                                                                                                                                             to help States manage the public health and
                                             Casey             Hirono             Murkowski          past year.
                                                                                                                                                             economic consequences of COVID–19 and it
                                             Cassidy           Hoeven             Murphy               This provision is so troubling that 21                has given States considerable flexibility to
                                             Collins           Hyde-Smith         Murray             State AGs sent a letter to the Treasury
                                             Coons             Inhofe             Ossoff                                                                     use that money to address the diverse needs
                                             Cornyn            Johnson            Padilla            raising the following concerns about                    of their communities. At the same time,
                                             Cortez Masto      Kaine              Peters             the tax cut prohibition:                                Congress placed limitations to ensure that




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