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Congressional Record, September 29, 2021 — Senate

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Congressional Record, Senate, page S6751, September 29, 2021. Under Afghanistan, McConnell says General McKenzie and General Milley testified under oath yesterday that they agreed with keeping 2,500 troops in Afghanistan, and says the President publicly misstated the advice received from top generals. In executive session the Senate takes up the nomination of Jessica Lewis to be an Assistant Secretary of State (Political-Military Affairs) and the clerk reads the nomination of Robert T. Anderson to be Solicitor. Cardin announces a unanimous consent request on the nomination of Dilawar Syed to be Deputy Administrator of the Small Business Administration, citing the need at the agency as a result of COVID-19.

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“Congressional Record, September 29, 2021 — Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-09-29-crec-2021-09-29-pt1-pgs6751-6-a930446e0f/, SHA-256 81985d9cf3424cf77068de651943be7f1fd7707bd741095dd11819620458f8ef.

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                                             September 29, 2021                                CONGRESSIONAL RECORD — SENATE                                                                        S6751
                                                          AFGHANISTAN                                understand how to protect America for                   Warnock            Whitehouse     Wyden
                                                                                                                                                             Warren             Wicker         Young
                                               Mr. MCCONNELL. Mr. President, now                     the long term. At this rate, they will
                                                                                                     need all the tools they can possibly                                         NAYS—27
                                             on a completely different matter, yes-
                                             terday, under oath, General McKenzie                    get.                                                    Barrasso           Grassley       Paul
                                                                                                                                                             Blackburn          Hawley         Sasse
                                             and General Milley both confirmed                                         f                                     Boozman            Hoeven         Scott (FL)
                                             they also agreed with the commander                                                                             Braun              Hyde-Smith     Scott (SC)
                                             on the ground. They agreed we should                         CONCLUSION OF MORNING                              Cassidy            Johnson        Shelby
                                             keep 2,500 troops in Afghanistan. These                                                                         Cotton             Kennedy        Sullivan
                                                                                                                    BUSINESS                                 Cruz               Lankford       Thune
                                             top generals gave President Biden ex-                                                                           Daines             Lummis         Toomey
                                             actly the advice the President told the                   The PRESIDING OFFICER. Morning                        Ernst              Marshall       Tuberville
                                             American people he had not received.                    business is closed.
                                                                                                                                                                                NOT VOTING—3
                                               To be very clear, the Commander in                                      f                                     Blunt              Crapo          Moran
                                             Chief gets to make the final decision,
                                             no matter what the advisers suggest.                               EXECUTIVE SESSION                              The nomination was confirmed.
                                             But he needs to own his decision.                                                                                 The PRESIDING OFFICER. Under
                                               The President publicly misstating                                           ---                               the previous order, the motion to re-
                                             what advice he got from his top gen-                                                                            consider is considered made and laid
                                                                                                            EXECUTIVE CALENDAR                               upon the table, and the President will
                                             erals is corrosive to the civil-military
                                             dynamic that keeps America safe.                          The PRESIDING OFFICER. Under                          be immediately notified of the Senate’s
                                               The military did their job. They gave                 the previous order, the Senate will pro-                action.
                                             their best military advice. It was re-                  ceed to executive session and resume                                       f
                                             jected. So they saluted and executed                    consideration of the following nomina-
                                                                                                                                                                    EXECUTIVE CALENDAR
                                             the order of the Commander in Chief.                    tion, which the clerk will report.
                                             That is the way it is supposed to work.                   The senior assistant legislative clerk                  The PRESIDING OFFICER. The
                                             But having rejected their advice, the                   read the nomination of Jessica Lewis,                   clerk will report the nomination.
                                             President doesn’t get to claim he never                 of Ohio, to be an Assistant Secretary of                  The legislative clerk read the nomi-
                                             received it, nor does he get to claim, as               State (Political-Military Affairs).                     nation of Robert T. Anderson, of Wash-
                                             he has since tried to pretend, that the                   Mr. MCCONNELL. I suggest the ab-                      ington, to be Solicitor of the Depart-
                                             only alternative to his botched retreat                 sence of a quorum.                                      ment of the Interior.
                                                                                                                                                               The PRESIDING OFFICER. The Sen-
                                             was sending 10,000 soldiers back to Af-                   The PRESIDING OFFICER. The
                                                                                                                                                             ator from Maryland.
                                             ghanistan.                                              clerk will call the roll.
                                                                                                                                                               UNANIMOUS CONSENT REQUEST—EXECUTIVE
                                               That is a false choice. We have heard                   The senior assistant legislative clerk                                CALENDAR
                                             directly from the two senior military                   proceeded to call the roll.                               Mr. CARDIN. Mr. President, in a few
                                             officers in the chain of command, as                      Mr. SASSE. Mr. President, I ask                       moments, I am going to make a unani-
                                             well as the President’s principal mili-                 unanimous consent that the order for                    mous consent request in regard to
                                             tary adviser, the Chairman of the Joint                 the quorum call be rescinded.                           Dilawar Syed to be the Deputy Admin-
                                             Chiefs.                                                   The PRESIDING OFFICER. Without
                                               Everyone with an ounce of common                                                                              istrator of the Small Business Admin-
                                                                                                     objection, it is so ordered.                            istration.
                                             sense knows President Biden’s botched                              VOTE ON LEWIS NOMINATION                       Let me give you a little bit of back-
                                             retreat was not the extraordinary suc-
                                                                                                       Under the previous order, the ques-                   ground on Mr. Syed’s nomination and
                                             cess the President claimed. As General
                                                                                                     tion is, Will the Senate advise and con-                why I am using this unusual process to
                                             Milley acknowledged, it is more accu-
                                             rate to describe the withdrawal as a                    sent to the Lewis nomination?                           advance the nomination to the floor for
                                             strategic failure.                                        Mr. SASSE. I request the yeas and                     floor consideration.
                                               We have now heard confirmation                        nays.                                                     We all know the tremendous need at
                                             from our top military officers that the                   The PRESIDING OFFICER. Is there a                     the Small Business Administration as
                                             terrorist threat in Afghanistan is al-                  sufficient second?                                      a result of COVID–19. We worked to-
                                             ready growing. And relying on over-                       There appears to be a sufficient sec-                 gether, Democrats and Republicans,
                                             the-horizon counterterrorism leaves us                  ond.                                                    and created many new programs to
                                             with much less ability to do anything                     The clerk will call the roll.                         help small businesses. We created the
                                             at all about it.                                          The senior assistant legislative clerk                Paycheck Protection Program, both
                                               What a debacle. We face a greater                     called the roll.                                        the first—and we modified it—and then
                                             terrorist threat from Afghanistan than                    Mr. THUNE. The following Senators                     a second round. We created the Eco-
                                             we did before we withdrew, we have                      are necessarily absent: the Senator                     nomic Injury Disaster Loan and Loan
                                             less intelligence about that growing                    from Missouri (Mr. BLUNT), the Senator                  Advance Program and the Targeted
                                             threat, and we have fewer tools with                    from Idaho (Mr. CRAPO), and the Sen-                    Grant Program.
                                             which to combat it. This administra-                    ator from Kansas (Mr. MORAN).                             We provided for the Shuttered Venue
                                             tion gave our enemies in Afghanistan                      The result was announced—yeas 70,                     Operators Grant Program, we estab-
                                             everything they wanted and got less                     nays 27, as follows:                                    lished the Restaurant Revitalization
                                             than nothing in return.                                            [Rollcall Vote No. 390 Ex.]                  Fund, and the list goes on and on and
                                               So, Mr. President, I know some of my                                     YEAS—70                              on. All this created new programs and
                                             colleagues want to unilaterally declare                                                                         responsibilities for the Small Business
                                                                                                     Baldwin           Hagerty               Padilla
                                             an end to the War on Terrorism. Ah, if                  Bennet            Hassan                Peters          Administration. And we did this to-
                                             only it were that easy. But the terror-                 Blumenthal        Heinrich              Portman         gether, Democrats and Republicans, in
                                             ists aren’t through with us.                            Booker            Hickenlooper          Reed            order to advance the needs for small
                                                                                                     Brown             Hirono                Risch
                                               I hope my Democratic colleagues will                  Burr              Inhofe
                                                                                                                                                             businesses during COVID–19.
                                                                                                                                             Romney            Over $1 trillion of funds were admin-
                                             think twice before they compound the                    Cantwell          Kaine                 Rosen
                                             failures in Afghanistan by trying to                    Capito            Kelly                 Rounds
                                                                                                                                                             istered by the Small Business Adminis-
                                             narrow or repeal the 2001 authorization                 Cardin            King                                  tration as a result of our initiatives.
                                                                                                                                             Rubio
                                                                                                     Carper            Klobuchar
                                             for the use of military force. I, for one,              Casey             Leahy
                                                                                                                                             Sanders         And our constituents had tremendous
                                             will strenuously oppose any further ef-                 Collins                                 Schatz          needs. Tens of millions of small busi-
                                                                                                                       Lee
                                                                                                                                             Schumer
                                             forts by the Democratic administration                  Coons             Luján                                nesses have benefited from what we did
                                                                                                     Cornyn            Manchin               Shaheen
                                             or this Democratic Congress to take                                                                             to help them through COVID–19.




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                                                                                                     Cortez Masto      Markey                Sinema
                                             away any more tools or authorities                      Cramer            McConnell             Smith             I know that every one of our offices
                                             that our military servicemembers and                    Duckworth         Menendez              Stabenow        has gotten numerous inquiries from
                                             intelligence professionals need to keep                 Durbin            Merkley               Tester          small businesses as to how these pro-
                                                                                                     Feinstein         Murkowski             Tillis
                                             our country safe from our enemies.                                                                              grams were stood up, whether they
                                                                                                     Fischer           Murphy                Van Hollen
                                               At some point we will have a dif-                     Gillibrand        Murray                Warner          could qualify, concerns about their ap-
                                             ferent administration that will better                  Graham            Ossoff                                plications being filed promptly, the



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                                             S6752                                             CONGRESSIONAL RECORD — SENATE                                                  September 29, 2021
                                             lack of funds, the need to replenish                      Again, we thought, now, at last, we                  members at this time decided to block
                                             funds—the list goes on and on and on.                   will be able to move Mr. Syed’s nomi-                  the quorum.
                                             That put tremendous demand on the                       nation. But now the Republicans found                    As a matter of fairness, as a matter
                                             Small Business Administration, and we                   a new reason to block his nomination.                  of the needs of the small business com-
                                             were pretty tough on the Small Busi-                    Committee      Republicans      announced              munity in our States, as a matter of
                                             ness Administration to get these pro-                   that they would withhold a quorum on                   the integrity of this body to have a
                                             grams up and running because we knew                    the vote because Planned Parenthood                    process that has some degree of respect
                                             how desperate it was for our small                      affiliates received loans under the Pay-               for the nominees who go through the
                                             business community.                                     check Protection Program.                              nomination process, I am going to
                                               Now, the Deputy Administrator’s job                     As one of the negotiators of the                     make a UC request that the nomina-
                                             is to oversee the day-to-day operations                 CARES Act—and this was Democrats                       tion be put on our calendar, like any
                                             of the Agency. That is the position we                  and Republicans again working to-                      other reported nominee, subject to the
                                             are talking about for Mr. Syed—the                      gether; negotiated this with Senator                   action of this body.
                                             Deputy Administrator of the Small                       RUBIO, Senator COLLINS, and Senator
                                             Business Administration.                                                                                         Before I make that unanimous con-
                                                                                                     SHAHEEN. Let me explain to my col-                     sent request, with Senator PAUL’s in-
                                               Over 5 months ago, the Small Busi-                    leagues how nonprofits are treated
                                             ness Committee, under my leadership                                                                            dulgence, I know that Senator PADILLA
                                                                                                     under the Paycheck Protection Pro-                     would like to make a comment. If he
                                             as chair, had a hearing on Mr. Syed’s
                                                                                                     gram.                                                  would be willing to allow Senator
                                             appointment, and we discovered during                     When the SBA considers whether or
                                             that nomination process that he is ex-                                                                         PADILLA to speak next, and then I will
                                                                                                     not a business qualifies as a small busi-              make my unanimous consent request.
                                             tremely well qualified to assume these
                                                                                                     ness, it considers affiliation. Generally,
                                             responsibilities. He has spent decades                                                                           I yield the floor.
                                                                                                     affiliations exist when one business
                                             building and developing and scaling                                                                              The PRESIDING OFFICER. The Sen-
                                                                                                     controls or has the power to control
                                             successful small businesses, as well as                                                                        ator from California.
                                                                                                     another or when a third party controls
                                             his advocacy for underserved small                                                                               Mr. PADILLA. Mr. President, I want
                                             businesses.                                             or has the power to control both busi-
                                                                                                     nesses. Control may arise with owner-                  to join Chairman CARDIN in calling at-
                                               The hearing, I thought, went ex-
                                             tremely well and that we would have                     ship, management, or other relation-                   tention to the unacceptable obstruc-
                                             no difficulty advancing his nomination                  ships or interactions between the par-                 tion by our Republican colleagues who
                                             to the floor of the U.S. Senate. But                    ties.                                                  are doing nothing other than playing
                                             after his hearing, my Republican col-                     The CARES Act requires that non-                     political games with the confirmation
                                             leagues requested information from the                  profits eligible for PPP loans abide by                process.
                                             Small Business Administration about                     the same affiliation rules that are ap-                  Dilawar Syed is an outstanding and
                                             his loans that he took out as a small                   plicable to small businesses.                          highly qualified nominee to serve as
                                             business owner. It was a reasonable re-                   The fact is that the Planned Parent-                 Deputy Administrator of the Small
                                             quest. On June 8, I helped arrange to                   hood Federation of America does not                    Business Administration. Mr. Syed
                                             supply that information to the mem-                     exercise control over its member orga-                 brings decades of experience as a busi-
                                             bers of the committee, and they re-                     nizations because it does not have com-                ness leader and entrepreneur in a num-
                                             viewed his small business loan applica-                 mon management. Each member orga-                      ber of fields. He is a dedicated public
                                             tions, Mr. Syed’s small business appli-                 nization is its own independent, not-                  servant who helped guide President
                                             cations.                                                for-profit,   tax-exempt     organization              Obama’s support of Asian-American
                                               There was one thing that was pretty                   with its own independent board of di-                  small business owners in the wake of
                                             unusual about that in that even though                  rectors that is solely responsible for                 the great recession, and he has served
                                             he was qualified to receive forgivable                  the hiring and retention of its CEO.                   as the founding chair of the California
                                             7(a) loans under the Paycheck Protec-                   Planned Parenthood Federation does                     Entrepreneurship Task Force.
                                             tion Program, he decided to repay the                   not have the power to remove CEOs or                     He has earned support from business
                                             loans because he said he didn’t need                    directors of its individual member or-                 groups and on both sides of the aisle.
                                             the government to pay on a forgivable                   ganizations.                                           Notably, the U.S. Chamber of Com-
                                             loan. He took exemplary action, and                       This type of federated structure is                  merce     enthusiastically      announced
                                             after the review, I believe all my col-                 common in the nonprofit world and is                   their support for his nomination, citing
                                             leagues were satisfied that his arrange-                the reason why nonprofits such as the                  his very impressive background.
                                             ments with the SBA were exemplary.                      YMCA and Boys and Girls Clubs also
                                                                                                                                                              In June of this year, two of our Re-
                                               Next, the Republicans decided to                      qualify for PPP loans.
                                                                                                       The SBA must apply its affiliation                   publican colleagues joined the Demo-
                                             move to a different target. They ac-
                                                                                                     rules in a uniform way, and it is wrong                cratic members of the Small Business
                                             cused Mr. Syed of being anti-Israel bi-
                                                                                                     to ask the SBA to do otherwise for po-                 Committee and voted to send Mr.
                                             ased, which was completely, com-
                                             pletely unfounded.                                      litical or ideological reasons. There is               Syed’s nomination to the full Senate
                                               The American Jewish Committee                         no reason why Planned Parenthood                       for confirmation. But, today, Repub-
                                             wrote our committee to say:                             should be singled out for receiving PPP                licans are refusing to allow the Senate
                                                The unsupported accusations that some-               loans, which I must remind my col-                     to vote on his nomination. In so doing,
                                             how Jewish businesses or those with ties to             leagues were created to help keep                      they are also obstructing the work of
                                             Israel may not fare as well under Syed’s                Americans in their jobs during the pan-                the SBA itself—work that has never
                                             leadership in the Small Business Adminis-
                                                                                                     demic. That is the reason for it. That is              been more critical.
                                             tration has no factual grounding. Indeed, he                                                                     As the U.S. Chamber of Commerce
                                             has specifically disavowed support for the              why we included nonprofits.
                                                                                                       The partisan, unnecessary, and un-                   wrote back in April, ‘‘It is essential for
                                             boycott, divestment, and sanctions move-
                                             ment, which seeks the dissolution of Israel.            conscionable inaction of our Repub-                    SBA’s senior leadership team to be in
                                             . . . AJC rejects the charge.                           lican colleagues shows no concern for                  place to deliver on the agency’s
                                               They go on to say it is un-American,                  the millions of small businesses still                 COVID–19 small business emergency re-
                                             the charges that have been made, and I                  relying on SBA support to survive                      lief responsibilities.’’ Again, critical.
                                             agree.                                                  COVID–19 and rebuild their future and                    Mr. Syed is ready to serve with dedi-
                                               My colleagues had the right to ask                    that would benefit greatly by having a                 cation and skill as the SBA pursues its
                                             questions for the record, and they did.                 confirmed Deputy Administrator to                      mission of supporting economic growth
                                             Mr. Syed responded to those questions                   work on the day-to-day operations at                   for entrepreneurs and working fami-




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                                             for the record, again repeating the fact                the SBA.                                               lies. He is also ready to make history
                                             that he has been against the Boycott,                     One last point, if I might. The Small                as the highest ranking Muslim official
                                             Divestment, and Sanctions movement                      Business Committee reported out Mr.                    in any Presidential administration,
                                             and that he has worked with companies                   Syed’s nomination by a bipartisan                      and our Nation’s hard-working small
                                             in Israel and, in fact, visited Israel in               vote, but due to a technicality, another               business owners urgently need his lead-
                                             order to promote the relationships.                     vote was required, and the Republican                  ership.



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                                             September 29, 2021                                CONGRESSIONAL RECORD — SENATE                                                                    S6753
                                               My Republican colleagues who are                      sponsible for the Agency’s day-to-day                  minishes our credibility to tell our ad-
                                             playing these political games to ob-                    operations and involved in all policy                  ministrators to administer these pro-
                                             struct this nomination are also block-                  decisions, including the PPP program.                  grams fairly for all constituencies. And
                                             ing resources needed by their own con-                     The Biden administration has contin-                to deny Small Businesses of America a
                                             stituents.                                              ued to obstruct congressional oversight                confirmed Deputy Administrator dur-
                                               Let’s end this, and I urge the Senate                 of the illegal Planned Parenthood                      ing these extremely challenging times
                                             to swiftly confirm Mr. Syed.                            loans, and the nominee has refused to                  for small businesses does not hurt Mr.
                                               The PRESIDING OFFICER. The Sen-                       provide to the committee a commit-                     Syed; it hurts the small business com-
                                             ator from Maryland.                                     ment that he would take action to re-                  munity.
                                               Mr. CARDIN. I ask unanimous con-                      cover the funds that are being dis-                      I thank Mr. Syed for his willingness
                                             sent that the Committee on Small                        bursed illegally.                                      to serve, and I hope we can find a path
                                             Business and Entrepreneurship be dis-                      The Republican members of the                       forward because this debate has noth-
                                             charged from further consideration of                   Small Business Committee have con-                     ing to do with his qualifications or why
                                             PN231, the nomination of Dilawar Syed                   tinued to make it clear that we will                   he should be confirmed.
                                             to be Deputy Administrator of the                       not allow a vote on this nominee to                      With that, I will yield the floor.
                                             Small Business Administration; that at                  occur until the Small Business Admin-                    Ms. HIRONO. Mr. President.
                                             a time to be determined by the major-                   istration takes action to recover the il-                The PRESIDING OFFICER. The Sen-
                                             ity leader, in consultation with the Re-                legally disbursed funds to the big busi-               ator from Hawaii.
                                             publican leader, the Senate proceed to                  ness known as Planned Parenthood.                        Ms. HIRONO. Mr. President, I rise
                                             its consideration; that there be 1 hour                    I object.                                           today in strong support of Dilawar
                                             for debate on the nomination equally                       The PRESIDING OFFICER (Mr.                          Syed’s nomination to serve as Deputy
                                             divided in the usual form; that upon                    PADILLA).                                              Administrator of the Small Business
                                             the use or yielding back of time, the                      Objection is heard.                                 Administration.
                                             Senate vote without intervening action                     The Senator from Maryland.                            I have a letter of support from the
                                             or debate; that if confirmed, the mo-                      Mr. CARDIN. Mr. President, let me                   Congressional Asian Pacific American
                                             tion to reconsider be considered made                   just repeat a comment. I know Senator                  Caucus that I would ask unanimous
                                             and laid upon the table with no inter-                  HIRONO is on the floor, and I want to                  consent to have printed into the
                                             vening action or debate and the Presi-                  give her an opportunity to speak on                    RECORD.
                                             dent be immediately notified of the                     this, but let me make this clear.                        There being no objection, the mate-
                                             Senate’s actions.                                          The affiliate rules that are used by                rial was ordered to be printed in the
                                               The PRESIDING OFFICER. Is there                       the Small Business Administration are                  RECORD, as follows:
                                             objection?                                              exactly the same for a for-profit or a                                          SEPTEMBER 14, 2021.
                                               The Senator from Kentucky.                            nonprofit, and there are lots of small                 Hon. BEN CARDIN,
                                               Mr. PAUL. Mr. President, reserving                    businesses that have a big name next                   Hon. RAND PAUL,
                                                                                                                                                            U.S. Senate, Committee on Small Business & En-
                                             the right to object, this motion is an                  to them that are eligible for the pro-                     trepreneurship, Washington, DC.
                                             attempt to get around the ruling that                   grams under the Small Business Ad-                       DEAR CHAIR CARDIN AND RANKING MEMBER
                                             the SBA has that Planned Parenthood                     ministration before COVID–19 and after                 PAUL: As members of the Congressional
                                             is, indeed, a small business. This would                COVID–19. The affiliation rules have                   Asian Pacific American Caucus (CAPAC),
                                             allow illegal funding of Planned Par-                   been in the SBA for a long time, and I                 which is comprised of 76 members of Con-
                                             enthood affiliates through the Pay-                     read them into the RECORD earlier in                   gress, we write to strongly endorse the swift
                                             check Protection Program.                               my comments.                                           confirmation of Dilawar Syed, who has been
                                               Let’s be very clear. Planned Parent-                                                                         nominated to serve as Deputy Administrator
                                                                                                        What they cannot do is pick and
                                                                                                                                                            of the U.S. Small Business Administration
                                             hood is not a small business; Planned                   choose who they like and don’t like.                   (SBA). He has decades of experience in busi-
                                             Parenthood is a big business. This is                   That is not how you administer a pro-                  ness, entrepreneurship, and public service,
                                             not my allegation; this is a ruling from                gram.                                                  making him extremely well-qualified for this
                                             the Small Business Administration.                         So, in the nonprofit world, I gave the              position.
                                             The Small Business Administration                       example of the YMCAs—a pretty big                        AAPI small businesses have been espe-
                                             ruled in May of 2020 that Planned Par-                  name but, the truth of the matter is,                  cially hard hit during the COVID–19 pan-
                                             enthood was a big business, not a small                 they are all independently operated,                   demic. In fact, according to a report by the
                                                                                                                                                            New York Federal Reserve, the Asian Amer-
                                             business, and ineligible for the PPP                    and the national YMCA cannot dis-                      ican community not only experienced the
                                             program. The program was intended for                   charge the CEO of a local YMCA. So we                  largest drop in entrepreneurship during the
                                             small businesses. The current ruling                    judge the qualifications based upon the                pandemic, but while other communities of
                                             from the Small Business Administra-                     local activities. The same is true for a               color saw a rebound in entrepreneurship as
                                             tion is, they are ineligible because they               lot of affiliates on for-profit compa-                 the pandemic continued, that rebound had
                                             are a big business.                                     nies: big chains that are independently                yet to happen for AAPIs. Mr. Syed has a long
                                               This program was intended to sup-                     owned and not controlled. They can                     history working with all communities, but
                                             port small businesses across the coun-                  qualify for these funds.                               has particularly strong ties to the AAPI
                                                                                                                                                            community, having served as a Commis-
                                             try that were forced to lock down dur-                     I can tell you a lot of organizations
                                                                                                                                                            sioner on the White House Commission on
                                             ing COVID–19. However, the Small                        that are related in the faith commu-                   AAPIs. At this pivotal moment for AAPI
                                             Business Administration, despite hav-                   nity to an umbrella, but they are not                  small businesses, having Mr. Syed’s back-
                                             ing previously ruled that they were in-                 controlled, so, therefore, the affiliate               ground represented at SBA is critical.
                                             eligible, that they were a big business,                rules allow them to apply independ-                      Mr. Syed, an immigrant who has embodied
                                             has now unlawfully approved nearly                      ently for these funds as long as they                  the values of hard work and ingenuity, has
                                             $100 million in taxpayer funds to                       can qualify.                                           built and scaled businesses with major im-
                                             Planned Parenthood. On June 30 alone,                      We knew that developing this pro-                   pacts in technology, healthcare, and business
                                                                                                                                                            services. He has shown incredible prowess as
                                             the Small Business Administration ap-                   gram. We didn’t want to change the af-                 an entrepreneur in business growth and de-
                                             proved four new loans to Planned Par-                   filiate rules because that would have                  velopment. For example, as President of
                                             enthood despite a clear determination                   been wrong.                                            Freshworks, a customer service software
                                             by the Small Business Administration                       So what my colleague is requesting is               company, Mr. Syed grew the company from a
                                             that these entities are ineligible. So we               just—would be illegal for the adminis-                 few dozen customers to thousands of small
                                             have a great contradiction here. They                   tration to say that we are not going to                and medium businesses across the U.S. Dur-
                                             say they are ineligible. That is the ex-                select a particular group because we                   ing his tenure as Commissioner on the White




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                                             isting rule from the Small Business Ad-                 don’t particularly agree with what                     House Commission on AAPIs, Mr. Syed ac-
                                                                                                                                                            tively worked to connect entrepreneurs in
                                             ministration. Yet they are still giving                 they are doing or how they operate.                    underserved regions to the SBA and Depart-
                                             them money.                                             That is not how the rules work. That is                ment of Commerce. From serving as the
                                               This nomination is for the position of                not what you are allowed to do.                        founding chair of the California Entrepre-
                                             Deputy Administrator of the Small                          So I regret that my colleague has                   neurship Task Force to spearheading rapid
                                             Business Administration, which is re-                   raised these objections. I think it di-                response engagement during the COVID–19




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                                             S6754                                             CONGRESSIONAL RECORD — SENATE                                                   September 29, 2021
                                             pandemic with the state’s most vulnerable                 Ms. HIRONO. In the midst of the pan-                 slow the process so that this adminis-
                                             small businesses to increase awareness of               demic, what is normally a very bipar-                  tration can have people in place who
                                             critical programs like the SBA’s Paycheck               tisan small business committee, Re-                    can actually do the job to help the
                                             Protection Program, Mr. Syed has consist-
                                             ently helped empower and uplift our nation’s
                                                                                                     publicans are blocking Mr. Syed’s nom-                 American people—enough is enough.
                                             small businesses.                                       ination. This is particularly egregious                  I just say to the Republicans: You
                                               Mr. Syed’s nomination has the support of              behavior by Republicans on the com-                    know, put your votes where your
                                             more than 150 civic, government, higher edu-            mittee because Mr. Syed is exception-                  mouths are. You say you support small
                                             cation and business leaders and organiza-               ally qualified to hold this position and               businesses; you say you support this,
                                             tions, including endorsements from the U.S.             is widely supported by business groups                 that, and the other thing; and yet you
                                             Chamber of Commerce, U.S. Black Cham-                                                                          will not let this administration get on
                                                                                                     and communities across the country.
                                             bers, National Asian/Pacific Islander Amer-                                                                    with their job to do what is necessary
                                             ican Chamber of Commerce & Entrepreneur-                  In fact, let me read a paragraph from
                                             ship, Small Business Roundtable, Anti-Defa-             the Congressional Asian Pacific Amer-                  to help small businesses, to help our
                                             mation League, American Jewish Congress,                ican Caucus letter that I just men-                    communities, in the midst of an ongo-
                                             and many others. Upon confirmation, Mr.                 tioned.                                                ing pandemic. It boggles the mind. I
                                             Syed would become the highest-ranking                     I am reading from the letter:                        say: Act like the Senators you are, who
                                             Muslim American in the Biden administra-                  Mr. Syed’s nomination has the support of             were sent here to do your job, and let’s
                                             tion to date, as well as one of the highest-            more than 150 civic, government, higher edu-           get on with this nomination.
                                             ranking AAPIs.                                          cation and business leaders and organiza-                I yield the floor.
                                               However, we are disappointed to see the               tions, including endorsements from the U.S.              Mr. CARDIN. Mr. President.
                                             treatment Mr. Syed has received from those                                                                       The PRESIDING OFFICER. The Sen-
                                                                                                     Chamber of Commerce, U.S. Black Cham-
                                             on the Committee that have held up his con-
                                                                                                     bers, National Asian/Pacific Islander Amer-            ator from Maryland.
                                             firmation vote, based on false accusations,
                                             anti-Muslim sentiment, and efforts to ham-
                                                                                                     ican Chamber of Commerce & Entrepreneur-                 Mr. CARDIN. Let me thank Senator
                                                                                                     ship, Small Business Roundtable, Anti-Defa-            HIRONO for her comments, and I also
                                             string Committee business unless specific
                                                                                                     mation League, American Jewish Congress,               thank Senator PADILLA for his com-
                                             conditions on unrelated matters are met.
                                                                                                     and many others. Upon confirmation, Mr.                ments.
                                             Since June 16, the Committee has made
                                                                                                     Syed would become the highest ranking Mus-
                                             three different attempts to consider Mr.                                                                         I have never gone through something
                                                                                                     lim American in the Biden administration to
                                             Syed’s nomination, but each time certain
                                                                                                     date, as well as one of the highest ranking            like this before, where the Republicans
                                             members have challenged the proceedings or                                                                     are breaking a quorum after they have
                                                                                                     AAPIs.
                                             blocked them from moving forward. On two                                                                       already voted a nominee for reasons
                                             separate occasions, these members even boy-               Republicans have continued to block
                                                                                                     this nomination for months. Earlier                    unrelated to the nominee. It makes no
                                             cotted the proceedings—denying Mr. Syed
                                             fair consideration. Targeting nominees like             this summer, they disputed the results                 sense, and the reasons that they are
                                             Mr. Syed for their faith, ethnicity, or place           of a meeting the committee had to ad-                  using makes no sense at all, since they
                                             of birth, furthers the perpetual foreigner              vance the nomination. Since then, they                 are asking the SBA to violate the law.
                                             stereotype to which AAPIs are constantly                                                                         We are going to continue. As chair of
                                                                                                     have refused to show up for three other
                                             subjected. We stand firmly against the use of                                                                  the committee, I am going to continue
                                                                                                     meetings, including one we held last
                                             these typecasting misconceptions. These tac-                                                                   to look at every conceivable way that
                                             tics have been rejected by leading civil                week, denying the necessary quorum
                                                                                                                                                            we can get Mr. Syed confirmed. I think
                                             rights and faith-based organizations and                for a vote to be taken.
                                                                                                                                                            he is an extraordinary person who will
                                             have no place in our government or our na-                The reasons for blocking Mr. Syed’s
                                                                                                                                                            serve our Nation with great distinc-
                                             tion. There is no question that Mr. Syed is             nomination have changed over time.
                                             uniquely well suited and highly qualified for                                                                  tion, and I know our small business
                                                                                                     First, they were concerned about SBA
                                             this role, and small business owners and en-                                                                   community needs a confirmed Deputy
                                                                                                     loans his company received during the
                                             trepreneurs across the country deserve this                                                                    Administrator.
                                                                                                     pandemic, even though these loans                        You know, what surprises me is that
                                             standard of leadership at SBA. Continuing to
                                             block his nomination is a disservice to these
                                                                                                     were lawful and fully repaid before he                 our Republican colleagues talk about
                                             business owners and entrepreneurs.                      was nominated. Then they insinuated                    their support for small businesses, and
                                               The Deputy Administrator role has tradi-              he was somehow anti-Jewish and anti-                   I said we worked on COVID together to
                                             tionally been focused on managing execution             Israel—note the groups that I read that                create    these    programs.  President
                                             of SBA’s programmatic mission and day-to-               have supported him—despite his wide-
                                             day operations, which includes bringing des-                                                                   Trump never filled the position of Dep-
                                                                                                     spread support in these communities.                   uty Administrator so this position has
                                             perately needed relief to struggling small              And now, they are concerned about
                                             businesses and entrepreneurs across the na-                                                                    been vacant for a long time.
                                                                                                     lawful SBA loans to Planned Parent-                      We need this position. The small
                                             tion. This position has been left vacant for
                                             over three years and continuing to do so pre-           hood Health Centers, something that                    business community needs this posi-
                                             vents the agency from having a fully staffed            Mr. Syed certainly had no control over.                tion. So it is my hope that we will find
                                             senior leadership team at a time when the                 Throughout the last several months,                  a path forward as quickly as possible to
                                             SBA’s importance in our nation’s economic               Mr. Syed has repeatedly made himself                   get this nomination confirmed. I am
                                             recovery is at an all-time high.                        available to address any concerns my                   confident that we will get a strong bi-
                                               Mr. Syed’s impressive background both in              colleagues might have about his back-
                                             public service and the private sector in busi-                                                                 partisan vote for Mr. Syed’s nomina-
                                                                                                     ground or qualifications, things that                  tion and confirmation. Republicans tell
                                             ness and entrepreneurship along with his
                                             leadership in the AAPI community will un-
                                                                                                     clearly matter in his ability to do the                me they think he is well qualified.
                                             doubtedly be assets in his role as SBA’s Dep-           job.                                                     So let’s stop using these parliamen-
                                             uty Administrator. We are confident that                  It boggles the mind that Republicans                 tary procedures to obstruct. Let’s get
                                             Dilawar Syed is the perfect fit for this role           are blocking someone who is the very                   on with the business of the Senate.
                                             and we urge the Committee to promptly                   picture of the American dream: an en-                    I would suggest the absence of a
                                             move forward with his confirmation.                     trepreneur, a job creator who was born                 quorum.
                                                   Sincerely,                                        in Pakistan and educated in America,                     The PRESIDING OFFICER. The
                                               Judy Chu, Member of Congress, CAPAC
                                                                                                     who understands firsthand the chal-                    clerk will call the roll.
                                             Chair; Grace Meng, Member of Congress,
                                             CAPAC First Vice-Chair; Kaiali‘i Kahele,                lenges businesses have faced during                      The legislative clerk proceeded to
                                             Member of Congress, CAPAC Freshman Rep-                 this pandemic. Mr. Syed would be an                    call the roll.
                                             resentative; Mazie K. Hirono, U.S. Senator;             asset to SBA and the businesses they                     Mr. THUNE. Mr. President, I ask
                                             Mark Takano, Member of Congress, CAPAC                  serve, our own constituents.                           unanimous consent that the order for
                                             Second Vice-Chair; Ami Bera, M.D., Member                 Every day that Republicans continue                  the quorum call be rescinded.
                                             of Congress; Tammy Duckworth, U.S. Sen-                 their obstruction, they are doing a dis-                 The PRESIDING OFFICER. Without
                                             ator; Ted W. Lieu, Member of Congress,                  service to these businesses who can                    objection, it is so ordered.




ctelli on DSK11ZRN23PROD with SENATE
                                             CAPAC Whip; Al Green, Member of Congress;
                                                                                                     least afford this uncertainty and tur-                                   AFGHANISTAN
                                             Pramila Jayapal, Member of Congress; Jan
                                                                                                     moil in this moment.                                     Mr. THUNE. Mr. President, yester-
                                             Schakowsky, Member of Congress; Ro
                                             Khanna, Member of Congress; Dina Titus,                   Mr. Syed deserves fair consideration.                day’s Senate Armed Services Com-
                                             Member of Congress; Barbara Lee, Member                   Republican efforts to block not just                 mittee hearing gave us disturbing new
                                             of Congress; Norma Torres, Member of Con-               this nomination but so many others for                 information on the President’s Afghan-
                                             gress.                                                  the simple reason that they want to                    istan debacle. Thanks to yesterday’s



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