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/
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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.
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
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
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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.
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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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