Agriculture (Cong. Rec., May 20, 2020)

Summary

A page of the Congressional Record, Senate, dated May 20, 2020, beginning at page S2535. Mr. Lankford urges changes to the Paycheck Protection Program, including EIDL grants, loan forgiveness information, flexibility on the 8-week period and access for returning citizens. Under Agriculture, he describes Oklahoma's wheat harvest, the loss of H2A workers because of the coronavirus, and cattle prices that have dropped between 35 and 40 percent. He supports the nomination of John F. Heil III, speaks on Memorial Day and TSgt Marshal Roberts, the first Oklahoman air guardsman to lose his life in battle, and the page prints Rollcall Vote No. 100 with 75 yeas.

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“Agriculture (Cong. Rec., May 20, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-05-20-crec-2020-05-20-pt1-pgs2535-3-e8a1bffcfc/, SHA-256 f6be905b498888c1d140b2472bdb89115eb66a8c593b6afc17cb28d9a48aefe8.

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May 20, 2020 CONGRESSIONAL RECORD — SENATE S2535
Another thing we can do—and, quite programs—and I hope that by oversight Decoration Day was first declared lo-
frankly, I think there is bipartisan sup- we can get the EIDL Program working cally in 1866, after the Civil War. It was
port and a willingness on behalf of the properly and get those loans out a day to remember those who gave
administration—is to deal with return- there—we can increase the size of the their lives in battle for our country by
ing citizens who were denied any abil- EIDL grants, get more information decorating the graves and remembering
ity to participate in the PPP program. about the loan forgiveness, and get the their sacrifice.
My goodness, for a person who has paid PPP program working in all commu- Now we call it Memorial Day. We re-
their debt to society, who has returned nities, including the underserved com- member all of those who have given
to the community, who is working a munities, giving more flexibility to their lives for our Nation. It is, unfor-
small business, should we say no, we businesses on the 8-week period. tunately, not those who just gave their
are not going to help them survive? We are going to need additional help. lives long past. Unfortunately, it is
They have enough challenges out Eight weeks of payroll help is not still in the painful present.
there. We certainly don’t want to take going to be enough for many small Last weekend, I sat in the agonizing
away their ability to take advantage of businesses. So as we start to consider funeral of TSgt Marshal Roberts, who
tools that are available to all Ameri- the next round, I hope that we will was killed by rocket fire just 21⁄2
cans in order to help their small busi- look at a program that is targeted to months ago. He was in the process of
nesses. I believe there is bipartisan the small businesses that need the help getting others to safety when a rocket
support for this, and we hope that we the most. took his life. He is the first Oklahoman
will be able to get that done adminis- When we passed the bill 8 weeks ago, air guardsman to ever lose his life in
tratively. After all, the restrictions our objective was to get money out battle. This Memorial Day will be very
were imposed administratively. They quickly, and we succeeded in doing different for his wife, his daughter,
can be removed administratively. that. It was successful. Now we need to their family, and the State of Okla-
Then there is another issue that we look at those small businesses that homa, because it is not just a day
need to deal with immediately, and have the greatest need. We need to tar- about sleeping in and sales on dish-
that is the 8-week restriction that is in get it to those that have had signifi- washers and cars. It will evoke the
the PPP program. It was well intended cant revenue losses. We need to target memory of TSgt Marshal Roberts and
when we passed it. It was based on the it to the underserved communities. We the hundreds of thousands of others
dollars that were available, and we need to target it to the smaller of the like him. They gave their everything
thought that after 8 weeks, by June, we small businesses. If we can target the for the sake of our liberty. Those men
would see our economy back per- program properly, the cost will be and women are not forgotten. They are
forming at a level in which small busi- our heroes, and this Memorial Day we
much less than the original cost, and
nesses could be expected to be able to will remember.
we can save businesses that otherwise
do well. Well, that is clearly not the
would have a hard time surviving. AGRICULTURE
case. We now need to provide addi- The key to what we did is that we Madam President, in this time, it is
tional help to small businesses as it re- worked together. It was bipartisan interesting to note that, with all that
lates to the 8-week period. from the beginning. We need to do that
We can do that. We recognize that. is going on, America is still eating, and
again. Our small businesses, our work- America is still moving because there
The monies have already been appro-
ers, and our economy depend upon our are essential workers who are still
priated. This does not really require
getting this right. I look forward to serving. They are healthcare workers.
any additional funding, but it will
allow us to give small businesses the working with my colleagues in order to They are grocery store workers. They
opportunity to spend the money over a get this done. are truckers. They are folks at conven-
With that, I yield the floor. ience stores, gas stations, sanitation
longer period of time. Why? Because The PRESIDING OFFICER. The Sen-
their businesses aren’t open. The 8 workers, and in power generation.
ator from Oklahoma. They are farmers and ranchers. They
weeks started the day they got the Mr. LANKFORD. Madam President, I
loan. Yet today they are still not at are the refineries. Yes, they are even in
ask unanimous consent to complete my government—public safety and law en-
full operation, and some are not at any remarks before the vote begins.
operation. forcement.
The PRESIDING OFFICER. Without While the news every day covers
So I was pleased to see that the objection, it is so ordered.
House acted on this by extending this folks who are at home waiting to re-
NOMINATION OF JOHN F. HEIL III turn to work, at times we forget the
to 24 weeks. I hope that we could find
Mr. LANKFORD. Madam President, people who are working twice as hard
common ground, because I think there
in a few minutes, the Senate will vote right now to be able to make sure that
is support on both sides of the aisle and
on the nomination of John Heil to is even possible. And we are grateful
with the administration to give greater
serve as a district court judge for Okla- for what they are doing. We are grate-
discretion on that 8-week period so
that it is a longer period of time and so homa. ful for the sacrifices of their families
We have three areas in Oklahoma: and of the hours they are putting in.
that the small businesses have the op-
the Northern District, Eastern district, But I want to highlight a couple of
portunity to spend the funds that are
and Western district. This judge posi- different groups that are unique in this
under the loan in a way that they can
tion covers all three of those, and they mix—some of the folks who are really
get maximum forgiveness of that loan,
move to wherever there is the greatest and truly behind the scenes and whom
which will also require us to extend the
June 30 date for those businesses that need, and we are in great need. This is we really don’t see a lot, but we see the
need extra time in order to bring their a position that we have needed for a end result of their products.
workers back. while, and I am proud that John Heil Let me start with farmers and ranch-
I think there is general agreement on has gone through this process. He was ers. They are folks who are on the farm
this. I hope that we can act this week overwhelmingly confirmed in his nomi- and the ranch, and they are taking
on that provision, because by the time nation process through committee. I care of our food because, as we know
we come back after recess, the very expect him to have wide bipartisan well, food does not grow in a grocery
first loans that have been issued under support when it passes this floor in a store. It actually has to happen some-
the PPP program will have reached few moments and look forward to him where by folks putting in the workout
their 8-week period, where loan for- transitioning from being a great attor- in the Sun and getting the chance to be
giveness applications are going to start ney in our State to being a great judge able to bring that crop in.
to be processed. We need to act before to serve the people of Oklahoma and We are watching it happen across my

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that date. There is a sense of urgency. the United States on the Federal State and across the country right
We need to get that done this week, if bench. So I am looking forward to that now. In Oklahoma, wheat is coming in,
at all possible, and we should work to vote being completed. and it looks beautiful. It is green still,
try to get that done. MEMORIAL DAY but in the days ahead, as it comes in, it
Let me also point out that, even Madam President, in the days ahead, will be very important to us. But it
when we fix the problems with these we will celebrate Decoration Day. will be interesting to see this crop, if it

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S2536 CONGRESSIONAL RECORD — SENATE May 20, 2020
is not taken out by the hail that is involved in the operation. They are with COVID–19. We have to pay atten-
coming in this weekend. As it comes ranching cows, calves, and stockers. tion to this. There are commonsense
in, this crop will be very important to They have a food lot operation. They solutions, and I understand full well
us. But this year the challenge will be have it all. But at this point, they are that there are some folks who don’t
that the H2A workers who typically facing between 35 and 40 percent loss in like fossil fuels. I get it, but those
come in literally from all over the the price of cattle. Literally, he loses same folks fly on planes and drive cars
world to do custom cutting are not money on every single cow. and trucks. And we like wearing
able to come because of the It is Robert Frymire, from Custer clothes, and we like having paint. And
coronavirus. And the challenge will be County. He is a third-generation wheat as for all of those things that are dis-
this: Will Americans step up when, lit- and cattle farmer. Using today’s wheat posable now, like PPE, guess what they
erally, the harvest is plentiful, but the prices, even with the crop that is com- are made of. Petroleum. There is this
workers are few? Will Americans step ing in, he will lose $150,000 this year on whole challenge about trying to get
up and say: I will not let that harvest his wheat crop, not to mention what is away from petroleum. It has been in-
go to waste; I will engage and bring the going to happen on the beef cattle. teresting to me how many people have
harvest in. There is a reason we are trying to put suddenly gone from ‘‘let’s reuse every-
Folks who are in forestry—yes, for- solutions in the CARES Act. There is a thing’’ to the last 2 months saying: No,
estry and logging is a crop in Okla- reason we put $19 billion there to help actually, we want to have disposable
homa. For those of you who haven’t our food supply, and $3 billion dollars everything now. Well, guess what.
been there, it is the eastern side of our of that has gone toward providing for Those disposable items are made with
State. It is incredibly important to us. our food pantries and nonprofits and petroleum products.
We are seeing a boom in that area, places to be able to get food out to peo- We do need this balance. We can do it
thanks to things like a great need for ple so that food doesn’t go to waste. clean, but we have to be able to keep
boxes, for everyone who is getting all But there is direct aid that is going to this part of industry open and still
of their materials shipped to their farmers and ranchers to make sure we functioning. And if the whole system
house right now and this small com- keep those operations alive long term, collapses, we will not be able to do
modity we call toilet paper, for which because we need them to exist at the that.
there seems to be a run on going on end of this. We are grateful to be able Many of you know that my State is a
right now. to come alongside of them. production State. At times, we will
Cotton, corn, sorghum, beans—there There are real challenges in the have hundreds of wells for oil and gas
are so many things that are so impor- packing operations that are not new. running. Right now, in the entire State
tant and behind the scenes. If we lose They have been around for a while. We of Oklahoma, there are 12 rigs work-
sight of that fact, we will just miss it. are pushing in a couple of areas to say: ing—12. That is the collapse of thou-
One of the things that has been in the We have to solve a couple of these sands and thousands of jobs, and if
news lately is livestock and the proc- problems. Our small packing houses those jobs and those companies go
essing of the livestock. There has been that are out there pay almost $80 an away and do not recover, then, we are
news about how coronavirus has spread hour for overtime fees. That is $80 an suddenly dependent on the Middle East
in some of those facilities. I have one hour for each inspector to do overtime. again. We cannot go there. We have to
of those facilities in my State. It is So if we have a location like Seaboard resolve that. That is why the Paycheck
Seaboard. It is a tremendous operation, Farms that goes down, and they want Protection Program was opened up to
where folks have worked for decades in to be able to go out to another location small businesses—and, yes, even energy
a tremendous place to be able to har- and to ramp up, they are actually fi- companies—to help sustain them for a
vest those hogs and to turn them into nancially punished from being able to couple of months to be able to get
fabulous things like bacon and pork do that, and they can’t make the math through this. But it is going to be a
chops. work. We have to solve that so that we very big challenge for them.
In this location in Texas County, in are not punishing small to medium- Quite frankly, there is something
Guymon, we have seen an outbreak. sized operations for ramping up in mo- that is news to this body that I want to
The folks at Seaboard Farms have ments when we need them. And we raise. In 2007, long before I was in Con-
stepped up to it. Ninety-five percent of need the small and medium-sized busi- gress, Congress passed an act dealing
their workers have now been tested, nesses to be able to ramp up and grow with ethanol, mandating a certain
and they are in the process of actually larger. number of gallons of ethanol to be used
doing an entirely different test all over And we have to solve the issue of the every year. Well, guess what. America
again just to be able to track and to be CIS Program, which is allowing folks wasn’t driving in March and in April.
able to find, even for the people who to be able to sell over State lines. That means we are not going to be
were negative, if they will show up Twenty-seven States, including my close to the number of gallons of gaso-
positive the next time and to make own, have State inspection programs line that we normally use, but we still
sure they are staying on top of it. But that are equal to the USDA program. have a requirement sitting out there
they are running at 60 percent oper- They have to be equal to it, but they for the number of gallons of ethanol
ation right now. That may not seem are still not allowed to sell over State that have to be used this year. We lit-
like a big deal to you, but that is about lines until they get the CIS Program erally have an energy-ticking
7,000 hogs a day that are not being har- done, and only three States have been timebomb, based on a bad law that was
vested. They are having to be—what is able to complete that. This should be written years ago dealing with ethanol,
euphemistically called—depopulated. logical. We should be able to solve this. and if we are not careful, we are going
That is a tremendous loss to everybody Those two things would allow long- to cause even bigger challenges in en-
in the entire country. term fixes for the packing house oper- ergy based on that ethanol law and the
We are seeing major issues that are ations. It is something we have com- number of gallons that are required
also happening with our beef produc- plained about for a long time, and we when there is literally no way, even if
tion, as we have had enormous issues should have solved this at this moment we poured it on the ground, that we
on trying to harvest those animals. because it has become even more obvi- can use the gallons required in that
As we go through the process and all ous. law.
the challenges, it has become ex- The issues about energy continue to That is going to be an issue for us,
tremely personal to a lot of the folks in rise for us. As a nation, we are finally and it is one that we need to work co-
my State. In my State, this is not just energy independent—finally. We choose operatively on and in a nonpartisan

dlhill on DSK120RN23PROD with SENATE
a theory. In my State, this is actually to buy energy from places where we way to say: Let’s have some common
happening to real people. It is Jim want to buy energy because we can sense in this moment to solve how we
Howard, a fourth-generation rancher, produce it ourselves, but we cannot go deal with our energy, lest the prices of
who ranches in Jefferson County. His backward to a time period when we gasoline explode at the backside of
whole family—his brother, his wife, his were dependent on the Middle East this, not because of undersupply but
grandson, his sons-in-law—everyone is again because of what has happened because of ethanol regulations. We

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May 20, 2020 CONGRESSIONAL RECORD — SENATE S2537
should not allow that to occur. We Carper Hawley Reed state of our world makes the battle-
Casey Heinrich Risch
should be able to not only solve that Cassidy Hoeven Roberts
fields we send our soldiers and sailors
for this year but solve it long term. Collins Hyde-Smith Romney and airmen and marines to seem very
I am grateful for the folks who are Coons Inhofe Rosen far away because in their world, au-
Cornyn Johnson Rubio thoritarian regimes rule with an iron
farmers and ranchers who are working, Cortez Masto Jones Sasse
and in energy, the folks who work be- Cotton Kaine Scott (FL) fist, and they violate human rights
hind the scenes, who make America Cramer Kennedy Scott (SC) with impunity. Violence often replaces
move, because in the days ahead, we Crapo King Shaheen diplomacy as the preferred method of
Cruz Lankford Shelby
will start moving. Daines Lee Sinema
dispute resolution and freedom, when
My State has already reached phase 2 Duckworth Loeffler Smith it is discussed at all. Many times, it
of reopening, and we continue to see a Durbin Manchin Sullivan feels like an impossibility. This is what
Enzi McConnell Tester they deal with on a daily basis.
decline in the number of cases, but Ernst McSally Thune
those folks who were working behind Feinstein Moran Tillis The danger this creates is no secret
the scenes the whole time are making Fischer Murphy Toomey to anyone. Like the rest of us, our sol-
the difference for us. Gardner Paul Udall diers read the news reports from the
Graham Perdue Warner
ORDER OF PROCEDURE Grassley Peters Wicker
frontlines. They hear the enemy propa-
Madam President, I ask unanimous Hassan Portman Young ganda. They hear those who repeat the
consent that the Senate vote on con- enemy propaganda. Many of them have
NAYS—17
firmation of the Ratcliffe nomination experienced the ferocity of the enemy
Blumenthal Hirono Schumer
at noon tomorrow. I further ask that, Booker Klobuchar Stabenow
attacks against our forces and against
notwithstanding the provisions of rule Brown Menendez Van Hollen our allies. They know what they are up
XXII, the cloture vote with respect to Cantwell Merkley Warren against. They see it and they live it
Gillibrand Murray Wyden each and every day. Yet, in spite of the
the Badalamenti nomination occur at Harris Schatz
1:30 p.m. tomorrow. Further, I ask that danger, they answer the call because
NOT VOTING—8 they have something inside them that
if cloture is invoked on the nomina-
tion, the postcloture time be deemed Alexander Markey Sanders says that freedom is worth fighting for.
Burr Murkowski Whitehouse It is their commitment to that cause of
expired and the confirmation vote Leahy Rounds
occur at 5:30 p.m. on Monday, June 1. liberty to allow us to live in a free and
The nomination was confirmed. open society, to allow us and our chil-
Finally, I ask that if either of the
The PRESIDING OFFICER. Under dren to pursue those dreams, to dream
nominations are confirmed, the mo-
the previous order, the motion to re- those big dreams and to make them
tions to reconsider be considered made
consider is considered made and laid come true.
and laid upon the table and the Presi-
upon the table, and the President will Whether we lost loved ones and
dent be immediately notified of the
be immediately notified of the Senate’s friends on the battlefield or, later, lost
Senate’s action.
actions. them to the trauma of combat and loss,
The PRESIDING OFFICER. Is there
The Senator from Tennessee. this weekend, we thank them for their
objection?
Without objection, it is so ordered. f sacrifice, we honor their memory, and
MORNING BUSINESS we express our gratitude to their fami-
VOTE ON THE HEIL NOMONATION
lies, who this year will have to cele-
The PRESIDING OFFICER. The Mrs. BLACKBURN. Mr. President, I brate as a family and not with others.
question is, Will the Senate advise and ask unanimous consent that the Sen- I yield the floor.
consent to the Heil nomination? ate be in a period of morning business, The PRESIDING OFFICER. The
Mr. CARDIN. I ask for the yeas and with Senators permitted to speak Democratic whip.
nays. therein for up to 10 minutes each. f
The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without
sufficient second? objection, it is so ordered. FOR-PROFIT COLLEGES AND
There appears to be a sufficient sec- UNIVERSITIES
f
ond. Mr. DURBIN. Mr. President, this
The clerk will call the roll. MEMORIAL DAY week Congress submitted to the Presi-
The senior assistant legislative clerk Mrs. BLACKBURN. Mr. President, dent the bipartisan Congressional Re-
called the roll. last week, I received the very sad news view Act resolution that overturned
Mr. THUNE. The following Senators that the 5th Special Forces Group, Education Secretary DeVos’s borrower
are necessarily absent: the Senator which is stationed at Fort Campbell, defense rule.
from Tennessee (Mr. ALEXANDER), the which is in Tennessee, was going to The rule that she came up with at
Senator from North Carolina (Mr. have to forgo and cancel their annual the Department of Education makes it
BURR), the Senator from Alaska (Ms. Memorial Day Gold Star Ceremony. almost impossible for student loan bor-
MURKOWSKI), and the Senator from This is a tradition at the post. It is rowers, including many, many vet-
South Dakota (Mr. ROUNDS). something that is so special to those erans, who have been defrauded by
Further, if present and voting, the Gold Star families, and we are dis- their schools—these are usually for-
Senator from Tennessee (Mr. ALEX- appointed with that but understand. profit schools—to have Federal student
ANDER) would have voted ‘‘yea.’’ I have really been pleased that today debt discharged because of the fraud
Mr. DURBIN. I announce that the Senator ERNST has organized a time for under the Higher Education Act’s bor-
Senator from Vermont (Mr. LEAHY), us to come to the floor to really come rower defense provisions.
the Senator from Massachusetts (Mr. together to honor not only our fallen Ten Republicans joined with the
MARKEY), the Senator from Vermont but also their loved ones, who have had Democrats in March to reject this rule
(Mr. SANDERS), and the Senator from to spend this year’s remembrance sepa- in the Senate and pass this resolution.
Rhode Island (Mr. WHITEHOUSE) are rated from other Gold Star families, I thank those on the other side of the
necessarily absent. and we know that is a time they cher- aisle who stood up for the veterans and
The PRESIDING OFFICER (Mr. ish, having that togetherness. for students who have been defrauded.
CRAMER). Are there any other Senators Although the formal ceremonies are I urge President Trump to sign this
in the Chamber desiring to vote? canceled, please note that each of these bill without delay. More importantly
The result was announced—yeas 75, families is in our prayers, they are in than my urging, 30 different veteran

dlhill on DSK120RN23PROD with SENATE
nays 17, as follows: our thoughts, and that we grieve along- organizations urged the President to
[Rollcall Vote No. 100 Ex.] side them. sign our resolution. We are going to be
YEAS—75 This Memorial Day, reflections are giving a lot of speeches about veterans
framed by a world that has really been on the Senate floor and back home
Baldwin Blackburn Braun
Barrasso Blunt Capito made much smaller by our shared expe- over Memorial Day weekend. Here is a
Bennet Boozman Cardin riences with COVID–19. Even so, the chance for the President to stand up

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