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E PL UR UM IB N U U S Congressional Record th of America PROCEEDINGS AND DEBATES OF THE 113 CONGRESS, FIRST SESSION

Vol. 159 WASHINGTON, MONDAY, JUNE 3, 2013 No. 76 Senate The Senate met at 2 p.m. and was Senator from the Commonwealth of Vir- of the Federal Power Act may not be consid- called to order by the Honorable TIM- ginia, to perform the duties of the Chair. ered a violation of any Federal, State, or OTHY M. KAINE, a Senator from the PATRICK J. LEAHY, local environmental law or regulation, and Commonwealth of Virginia. President pro tempore. for other purposes. Mr. KAINE thereupon assumed the Mr. REID. Mr. President, I object to PRAYER chair as Acting President pro tempore. further proceedings with regard to both The Chaplain, Dr. Barry C. Black, of- f of these matters. The ACTING PRESIDENT pro tem- fered the following prayer: RECOGNITION OF THE MAJORITY pore. Objection having been heard, the Let us pray. LEADER O God, thank You for being near to measures will now be placed on the cal- The ACTING PRESIDENT pro tem- us in good and bad times. We celebrate endar. pore. The majority leader is recog- Your wonderful blessings that bring us f nized. new victories each day. f REMEMBERING FRANK R. As we look at the flowers on the desk LAUTENBERG of our friend and brother, Senator MOMENT OF SILENCE Mr. REID. Mr. President, when I FRANK LAUTENBERG, we thank You for Mr. REID. Mr. President, I ask that learned early this morning that FRANK his life and legacy. As we mourn his the Senate observe a moment of silence death, send Your comfort into our LAUTENBERG had died, of course, I im- in honor of the late FRANK LAUTEN- mediately became very sad. I served hearts. Bless Bonnie and his family and BERG, a Senator from the State of New give them Your peace. Let our memory with him for 21⁄2 decades or more in the Jersey. Senate. of this good and courageous American The ACTING PRESIDENT pro tem- inspire us to transcend the barriers I see there are flowers on his desk. It pore. The Senate will have a moment seems the flowers have barely wilted that divide us and to work for the good of silence. of America. on the desk—which is right behind If all will please stand. me—of Senator Inouye. So I have a We pray in Your merciful Name. (Moment of silence.) Amen. heavy heart. f As we all know, the senior Senator f SCHEDULE from and my friend FRANK LAUTENBERG died this morning. My PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, there are a thoughts are with his lovely wife The Honorable TIMOTHY M. KAINE led few matters I must take care of. We Bonnie, his children, and 13 grand- the Pledge of Allegiance, as follows: will be in morning business until 4 p.m. children. Following that, the Senate will resume I pledge allegiance to the Flag of the Few people in the history of this in- consideration of S. 954, the farm bill. United States of America, and to the Repub- stitution contributed as much to this lic for which it stands, one nation under God, At 5:30 p.m. there will be two rollcall Nation and to the Senate as FRANK indivisible, with liberty and justice for all. votes on amendments to that bill. LAUTENBERG. His success story is what f f the American dream is all about. APPOINTMENT OF ACTING MEASURES PLACED ON THE He came from a family of working- PRESIDENT PRO TEMPORE CALENDAR—H.R. 3 AND H.R. 271 class immigrants from Eastern Eu- rope—Russia and Poland. His parents The PRESIDING OFFICER. The Mr. REID. Mr. President, I under- stand there are two bills at the desk struggled. I heard FRANK talk about clerk will please read a communication how they struggled. They worked so to the Senate from the President pro due for a second reading. The ACTING PRESIDENT pro tem- hard. They moved around New Jersey tempore (Mr. LEAHY). often. The legislative clerk read the fol- pore. The leader is correct. The clerk will read the titles of the bills for a When FRANK was 18, during the mid- lowing letter: dle of World War II he enlisted in the U.S. SENATE, second time. The legislative clerk read as follows: U.S. Army. During World War II he PRESIDENT PRO TEMPORE, served with distinction in the Army Washington, DC, June 3, 2013. A bill (H.R. 3) to approve the construction, To the Senate: operation, and maintenance of the Keystone Signal Corps. I can remember FRANK Under the provisions of rule I, paragraph 3, XL pipeline, and for other purposes. talking about his experiences in the of the Standing Rules of the Senate, I hereby A bill (H.R. 271) to clarify that compliance European theater. While he was in the appoint the Honorable TIMOTHY M. KAINE, a with an emergency order under section 202(c) Army Signal Corps, he said he could

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.000 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3888 CONGRESSIONAL RECORD — SENATE June 3, 2013 see the war going on in his sight while would no longer have to suck in that me. He was someone who appreciated he was up on a wooden power pole. smoke in an airplane. He is the one, serving. He appreciated being here. He He talked about the many experi- more than anyone else, whom we have loved being in the Senate, and the Na- ences he had during World War II, as he to thank for protecting us from deadly tion is going to miss his strength and said, making him a better American. secondhand smoke in an airplane be- his progressive leadership. He was very proud of his military serv- cause his legislation banned smoking The other attribute that probably a ice. He is the last World War II veteran on airplanes. lot of people didn’t know about FRANK having served in the Senate. We don’t He was also a long-time member of LAUTENBERG was his sense of humor. I have any World War II veterans any- the Environment and Public Works always had him tell stories because no more. His death is a great loss to this Committee. Had he not retired in that one could tell a story like him. An- institution in many different ways. very short period of time that he did, other reason I liked FRANK is he When FRANK came home from the he would have been chairman of that laughed at his own jokes. He thought war—he was obviously very smart—he committee. However, because he wasn’t they were funny, as did most everyone was permitted to attend the very pres- there, I had the opportunity to be chair who listened to them. tigious . He did it, of that committee on two separate oc- One of our favorite jokes was about of course, on the GI bill—just as so casions. two wrestlers. It would take 5 minutes many of the other returning Americans He focused on this Nation’s infra- or more to tell the story, but it was hi- did. structure, such as roads and highways. larious. No one could tell it like He quickly founded his own company. One of the ideas he thought would FRANK. He had a sense of humor, and He started the company with two boy- make this country a much safer place we certainly appreciated that. Even hood friends. All three kids were from was to pass a drinking limit so a per- though the Senate has AL FRANKEN, New Jersey. Under his leadership, his son could not drink alcohol anyplace in there was room for two funny people firm, Automatic Data Processing, the country until they were 21 years of prior to FRANK’s death this morning. known as ADP, grew into the largest age. It was called a national drunk FRANK LAUTENBERG—and AL computing company of its kind in the driving standard. FRANKEN—always made us smile and world. He believed in helping the State of often made us laugh. Now I guess it is He was so very proud of that com- New Jersey as well as helping the coun- pany, and he never hesitated to tell ev- going to be up to Senator FRANKEN to try, but I am not sure in which order. eryone that he made money. He be- do this alone, because they were both It was hard to understand the dif- came rich. He was a poor boy who be- funny, together and apart. ference because he was focused on the came wealthy as a result of being able It is with deep sadness that his Sen- country and New Jersey at the same to fulfill his dreams, as people can do, ate family is going to say goodbye. We time. in America. are going to do that Wednesday morn- FRANK wanted to make sure that FRANK wasn’t content with his per- ing. We will say goodbye to an exem- women and children were protected sonal success alone. He was proud of plary public servant and a faithful the civic and charitable things he did, from gun violence. Thanks to him, we friend, Senator FRANK LAUTENBERG. but nothing made him more proud of passed legislation that convicted do- I note the absence of a quorum. what he did outside government than mestic abusers so they could not own The ACTING PRESIDENT pro tem- when he served as the top lay leader of firearms. pore. The clerk will call the roll. the United Jewish Appeal, known as Those are just a few examples of his The legislative clerk proceeded to the Jewish Federations of North Amer- work in the Senate that literally saved call the roll. ica. He was very proud of that. lives. He came from his sick bed—in a Mr. ALEXANDER. Mr. President, I FRANK LAUTENBERG was known for wheelchair—to vote on gun legislation. ask unanimous consent that the order many things before he came to the He agreed with 90 percent of the Amer- for the quorum call be rescinded. Senate. He ran an impossible race for ican people—that people who had se- The ACTING PRESIDENT pro tem- the Senate and was elected. He came to vere mental problems or were felons pore. Without objection, it is so or- the Congress in 1982, the same year I should not be able to buy guns. He dered. did. Over the course of three decades he agreed with 90 percent of the American f worked tirelessly on behalf of his State people. RESERVATION OF LEADER TIME and the country. He came from his bed to be here and He retired once. He could not stand vote with us. He was so happy to be The ACTING PRESIDENT pro tem- retirement. He hated retirement. He here. After that, he came once—just a pore. Under the previous order, leader- could not stay away from public serv- few days ago—to vote when we needed ship time is reserved. ice, and he returned to the Senate in him again. He tried so hard. f 2002. When I talked to Bonnie today, she He had a remarkable career. I just said he was confident he would live to MORNING BUSINESS touched upon a few of his accomplish- be 100. He was a very strong man phys- The ACTING PRESIDENT pro tem- ments. He had determination that ically. pore. Under the previous order, the made him successful in the private sec- A couple years ago, I took a big dele- Senate will be in a period of morning tor and also served him well in the gation to China. It was a bipartisan business until 4 p.m., with Senators Senate. Motivated by his own experi- group. It was a wonderful trip. For permitted to speak therein for up to 10 ence, Senator LAUTENBERG, a World FRANK LAUTENBERG, that was his last minutes each. War II veteran, cowrote the 21st cen- foreign travel. I can remember indi- The Senator from Tennessee. tury GI bill of rights. Recognizing how cating what a strong man he was phys- Mr. ALEXANDER. Thank you, Mr. much this meant to him, he wanted to ically. I had never been to the Great President. If the Acting President pro ensure that the vets returning from Wall of China. I don’t know how many tempore will let me know when I have Iraq and Afghanistan enjoyed the same of the other 10 Senators had been used 10 minutes, I would appreciate it. opportunities for education that helped there, but I had not. It is pretty steep, The ACTING PRESIDENT pro tem- him become so successful. and there are big rocks that have been pore. The Chair will so notify the Sen- My youngest boy just hated cigarette there for centuries and centuries. Be- ator. smoke, and it really made him ill. cause FRANK was 88 years old at the Mr. ALEXANDER. If no other Sen- There was a time when people could time, somebody grabbed his arm to ator is on the floor, I will continue. smoke everyplace in the airplane and help him go up. He pushed them away. f then finally in a different part of the He wanted no help from anybody. He airplane; however, it didn’t matter. Ev- was on his own, and that is the way he REMEMBERING FRANK R. erybody sucked in the secondhand wanted to be. LAUTENBERG smoke. I and our Nation owe a great debt of Mr. ALEXANDER. Mr. President, I FRANK LAUTENBERG took care of my gratitude to FRANK for his outstanding am here today to speak on clean en- boy and millions of other people who service. He had always been so kind to ergy independence, but before I do that

VerDate Mar 15 2010 03:11 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.003 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3889 I want to note the passing of Senator challenges from the U.S. National retary Condoleezza Rice once said she FRANK LAUTENBERG. Academy of Engineering. My chal- had ‘‘never seen anything warp diplo- When I came to the Senate 10 years lenges included making plug-in electric macy like high oil prices.’’ And afford- ago, there were a number of Members vehicles more commonplace, finding ing a tank of gasoline remains a strug- here who were veterans of World War ways to capture and use carbon, help- gle for many families. II. Now there are none. Senator LAU- ing solar become cost-competitive, Another challenge is failing to keep TENBERG was the last. He was a mem- safely managing nuclear waste, encour- up with energy research and develop- ber of the generation often described as aging cellulosic biofuels, making new ment, which is one of the major points the greatest. buildings green buildings, and creating I want to make today—failing to keep He was the son of immigrants. He energy from fusion. up with energy R&D. That energy re- made a lot of money in business as an My goal in laying out those seven search has given us abundant, reliable, entrepreneur in the American dream. challenges was clean energy independ- clean, cheap energy from unconven- Then he did another entrepreneurial ence. At the time, some took issue tional gas to nuclear power. The thing: He ran for the U.S. Senate and with the idea of a grand goal under- amount we spend on energy research served twice here. He was an advocate lying these challenges, but I thought and development—nearly $5 billion a for the things he believed in, and he independence was a good goal then, and year at the Department of Energy in was a productive Senator. Just in the it is a good goal now because the nondefense and noncleanup research; or last couple of weeks he helped to fash- United States should not be held hos- nearly $9 billion if you count other ion an agreement on amending the tage by any other country because of agencies and their energy-related re- Toxic Substances Control Act, of which our energy needs. search, such as the National Science I am a cosponsor. It has been a long Since I spoke 5 years ago, the Depart- Foundation, the Department of the In- time coming, and he had a major role ment of Energy has established the en- terior, and the National Institute of in that. ergy innovation hubs that are pro- Standards and Technology—still, those We will miss him. To his wife Bonnie ducing fuels from sunlight and advanc- dollars are lower as a percentage of our and to his family, they have my re- ing nuclear reactor and battery tech- gross product than major competitors spect and condolences and admiration nologies. That, paired with the work of such as France or Japan or Korea or for his long service to our country. the new energy research agency—which China. Another challenge is that while the we call ARPA–E—and others, has f United States has made more gains in moved us forward on my seven grand CLEAN ENERGY INDEPENDENCE reducing the use of carbon than any challenges in a number of ways. Let me other industrial country, the National Mr. ALEXANDER. Mr. President, 5 summarize that briefly. Academies of the United States and 12 years ago I spoke at the Oak Ridge Na- Electric vehicles sales are approach- other countries have warned that tional Laboratory. I began with a story ing 100,000 in the United States, and human activity has contributed signifi- from our past about our future. It is a ARPA–E has helped a company that cantly to climate change and global familiar story to those of us in Ten- has doubled the energy density of lith- nessee. warming. ium-ion batteries. So thinking about the progress we President Franklin Roosevelt called Carbon capture. We are developing have made from 5 years ago and taking the chairman of the Senate Appropria- commercial uses for carbon dioxide, into account the challenges we still tions Committee into his office in 1942 such as liquid fuels produced from mi- have, let me suggest four grand prin- and said: Mr. Chairman, I would like to crobes. ciples that could guide our energy fu- ask you to hide a couple billion dollars Solar power. Though the goal is ture. First, cheaper, not more expen- in the budget for a secret project to around $1 per watt installed by 2020, sive energy. Five years ago all the talk win the war. the cost has fallen from $8 to $4 per was about a cap-and-trade program for Senator McKellar replied: Mr. Presi- watt in the past five years. It still has the United States and deliberately dent. I just have one question: Where a long way to go, but it is promising. raising the price of energy as a way of in Tennessee would you like me to hide Nuclear waste. Four of us in the Sen- achieving clean energy independence. it? ate have drafted comprehensive nu- Last year I was in Germany, a coun- That place turned out to be Oak clear waste legislation. For the first try that adopted exactly that policy. In Ridge. That was how Tennessee became time in 30 years, we are building new addition, Germany is closing its nu- one of the sites where scientists large reactors, and we are moving for- clear powerplants and becoming more worked to build the atomic bomb be- ward on small modular nuclear reac- dependent on natural gas but buying fore the Germans. tors. both forms of energy from other coun- I suggested 5 years ago that we have Advanced biofuels. There are three tries rather than producing it on its a new Manhattan Project—really mini- new bioenergy research centers that own. The Germans are subsidizing wind Manhattan Projects for clean energy are developing next-generation bio- and solar but are building new coal independence. energy crops for industrial-scale pro- plants in order to have enough reliable Last week at Oak Ridge, 5 years after duction. electricity. that first speech, I suggested four Green buildings. Research and devel- In short, what I found in Germany grand principles to help us chart a opment has meant 20 new commercial was an energy policy mess that dis- competitive energy future for the next products in energy efficiency. courages job growth. The end result is 5 years to end our obsession with tax- Fusion. We have already dem- that Germany has the second highest payer subsidies and strategies for ex- onstrated human-engineered fusion on household electricity prices in the Eu- pensive energy and instead focus on a small scale, and now we are trying to ropean Union. When I asked an Eco- doubling government-sponsored re- scale it up for commercial energy pro- nomic Minister what he would say to a search and allowing marketplace solu- duction. manufacturer about energy costs in tions to create an abundance of cheap, The United States has made gains, Germany, he said: I would suggest he clean, reliable energy. I would like to but we still have challenges. Even as go somewhere else. Well, that some- renew those comments today on the other parts of the world grow rapidly, where else is turning out to be the floor of the Senate. The four grand the U.S. still uses about 20 percent of United States: Virginia, Tennessee, principles I mentioned were, No. 1, the world’s energy, and the Energy In- other States. cheaper, not more expensive, energy; formation Administration estimates In the United States, we pursued a No. 2, clean, not just renewable, en- that our country’s energy demand will different track, the most conspicuous ergy; No. 3, research and development, increase more than 10 percent by 2040. example of which is finding unconven- not government mandates; and No. 4, Second, we have record oil and gas tional gas and oil. This has created for the free market, not the government, production at home, but we need to be our country a remarkable phenomenon, picking winners and losers. as independent as possible from those a large amount of cheap, clean energy The seven grand challenges I sug- who might want to use our demand for with our own domestic price for nat- gested 5 years ago were grounded in oil to hold us hostage. Former Sec- ural gas.

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.007 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3890 CONGRESSIONAL RECORD — SENATE June 3, 2013 This has been the result of a peculiar Battery technology will help make technology that former Energy Sec- combination of factors that, in my all forms of renewable energy more retary Chu said was a technology that opinion, amount to a better energy pol- useful, which brings me to my next had ‘‘matured.’’ icy than most people give us credit for. principle: research and development, This was supposed to help jump-start The first element is the entrepre- not government mandates. It is hard to wind. But we have already lost $16 bil- neurial spirit of America and the large think of an important technological lion in Federal revenue from 2009 amount of private property ownership advance in our country that has not in- through the end of 2012 alone. Congress and our huge private market. Another volved at least some government-spon- just added a 1-year extension of the is access to capital. A third and indis- sored research, especially in the area of wind production tax credit, costing $12 pensable element is government-spon- energy. billion. Remember, the Department of sored research. The most recent example is the de- Energy spends just $5 billion on energy Take our Nation’s natural gas boom velopment of unconventional gas that research. as an example. In the past it was un- was enabled by 3D mapping invented at We are spending $12 billion in a 1- economical to develop so-called uncon- Sandia National Laboratory in New year extension of the wind tax credit. ventional gas. Government-sponsored Mexico and the Department of Ener- The wind industry’s idea of a phaseout research enabled it and demonstrated gy’s large-scale demonstration project. would cost tens of billions more. Peo- how it could be done. A temporary Fed- There is an argument that by impos- ple talk about Big Oil, but the big, un- eral tax credit that expired for new ing government mandates, just as by necessary subsidy is big wind, and a shale projects at the end of 1992 encour- imposing higher prices, government much better place to spend our money aged new sources of private capital. could force some innovation that could would be energy research. Natural gas will be a big part of where move us toward clean energy independ- I have been fascinated with the we get our clean energy, which leads ence. But I believe the surer path progress we have made on the seven me to my second principle: clean, not would be to double the federal funding grand challenges I suggested 5 years just renewable, energy. Too often we we spend annually on non-defense and ago. Perhaps by focusing on these four define our energy goals in terms of re- non-cleanup energy research and devel- grand principles, the ones I have sug- newable energy when we should mean opment and trust the marketplace to gested in this speech, we can capitalize clean energy. There are a number of produce better results. on the last 5 years of progress and States that have renewable energy In 2005 the ‘‘Rising Above the Gath- move toward cheap, clean, reliable en- mandates defined mainly to include ering Storm’’ report, written by a com- ergy. wind and solar power. The Congress is mission led by former Lockheed Martin Oak Ridge’s evolution since the Man- regularly asked to pass a narrowly de- CEO Norman Augustine, recommended hattan Project days provides a good fined renewable energy mandate for the doubling energy research and develop- model. About 70 years ago the aston- same purpose. ment. In 2007 Congress responded by ishing collection of physicists that pro- It is true these energy sources emit passing the America COMPETES Act duced the two atomic bombs also en- no air pollution. These mandates say a with overwhelming bipartisan support. abled nuclear power, nuclear medicine, certain amount of electricity gen- Senator COONS and I are working to- and other technological advances. erated within a State must come from gether to reintroduce the America What can we expect 5 years from these specific sources. But focusing on COMPETES Act for a second reauthor- now? To get a glimpse of the future we this narrow definition for clean energy ization after its original passage. might look at what fits within the misses the point, and at a high cost to One small agency that is the result of guiding principles I have suggested our electric bills. the America COMPETES Act is what today. For example, small modular re- Such narrow definitions also dis- we call ARPA–E. It is already showing actors and virtual reactors that sci- count hydropower and nuclear power, signs of the wisdom of this approach. entists are developing will revolu- some of our country’s cheapest and ARPA–E has helped improve battery tionize the safety and effectiveness of most available sources of air pollution- technology and worked to produce liq- our nuclear technology. free electricity. In the Tennessee Val- uid fuel from microbes, among other Game-changing manufacturing is ley Authority region where I live, for accomplishments. Seeing how our free also on the horizon with 3D printing. example, more than 95 percent of our enterprise can capitalize on this brings ARPA–E, a small agency of the Depart- pollution-free electricity comes from me to my fourth and last principle: free ment of Energy that came from Amer- TVA’s dams and three nuclear plants, market, not government picking win- ica COMPETES, and other groups are which include six reactors. ners and losers. increasing the reliability of our elec- Second, mandating renewable energy We are more likely to have abundant tricity supply. runs the risk of creating too much reli- supplies of cheap, clean, reliable en- This United States of America is a ance on sources that generate power ergy in the United States if we trust remarkable place. With the potential I only intermittently. There is certainly the marketplace. The most appropriate have described and the principles I a place for these renewable tech- role for government is in research. I be- have suggested, a competitive energy nologies, and solar power especially lieve a second role is limited jump- future is well within our grasp. seems to me to have great promise. But starting of new technologies; for exam- I yield the floor, and I suggest the ab- renewable energy consumes great ple, unconventional gas, about which I sence of a quorum. amounts of space, whether it is solar or just spoke, involves government re- The ACTING PRESIDENT pro tem- wind or biomass. search and a limited tax credit. pore. The clerk will call the roll. For example, it would take a row of The full tax credit for electric cars is The legislative clerk proceeded to giant wind turbines all the way from capped at 200,000 vehicles per manufac- call the roll. Georgia to Maine on the Appalachian turer. To encourage innovation in nu- Mr. MORAN. I ask unanimous con- Trail to generate the same amount of clear energy, the government provided sent that the order for the quorum call electricity that we would get from four research and licensing support for be rescinded. nuclear power plants. You would still small modular reactors, but that is The ACTING PRESIDENT pro tem- need the nuclear plants because the limited to 5 years. pore. Without objection, it is so or- wind only blows when it wants to. Even for nuclear power plants there dered. Fortunately, we have plenty of roof- is a production tax credit, but it is lim- Mr. MORAN. I thank the Chair for tops on which to put solar panels. ited to 6,000 megawatts. On the other the recognition. When they become cheap enough and hand, President Reagan used to say the f aesthetically pleasing enough, they nearest thing to eternal life we will will probably become an increasingly ever see on this Earth is a government THE FARM BILL important supplement to our country’s program. That is too often the case Mr. MORAN. I just returned from my huge appetite for electricity, especially with energy subsidies. The most glar- home State of Kansas to return to the because the Sun shines during the ing example of that is the more than work we are about to do in the Senate. peak-use hours. 20-year-old subsidy for wind power, a This week away from Washington, DC,

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.008 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3891 gave me the opportunity to travel all when Mother Nature gives us some- We need to take a good hard look at corners of our State. I went from thing bad, our Nation’s farmers and alfalfa and recognize its value to the southeast Kansas in Galena to north- ranchers can live to start again. Nation. We need to study and develop west Kansas in Goodland, and almost Crop insurance is a public-private something that will work, save tax- every night while I was home weather partnership. The government helps the payer money, and make certain the was the topic of conversation. producers cover some of the costs of land of plenty remains the land of plen- Certainly, as Kansans who have expe- the policy, and the producer covers the ty. Alfalfa is a building block of milk rienced tornadoes in our own State rest. Consumers help the producer, and and meat. With a risk management over the last week and, certainly, over the producer helps the consumer. tool for alfalfa production, producers the life of our State, we extend our To be clear, producers pay a signifi- will enjoy lower input cost and con- deepest sympathies and concerns to the cant part of the premium out of their sumers will enjoy less expensive prod- people of Oklahoma. It is weather that own pocket. In 2012 they paid $4.1 bil- ucts on the grocery store shelves. I wanted to talk about on the Senate lion to buy insurance to manage their I know you understand the value of floor today in preparation for an risks. When farmers take out a crop in- agriculture in Kansas, and I appreciate amendment I will offer, which is being surance policy, they get a bill, not a the opportunity to be on the Senate offered to the farm bill, and continued check. floor today to describe the value of discussion of that farm bill throughout Crop insurance has virtually replaced crop insurance and particularly to this week. the need for ad hoc disaster measures highlight the amendment we will vote As I listened to Kansas farmers, the for crops. During my time in the House on later today. of Representatives and now in the Sen- most prevalent request when it comes I yield the floor. ate, going back to 1989, 42 such pieces to farm policy, to a request for what The ACTING PRESIDENT pro tem- of legislation have cost the taxpayer ought to be in a farm bill is the request pore. The Senator from Alaska. by Kansans that the Crop Insurance more than $70 billion. During my time Program remain solid and viable. We in the House, and now the Senate, f many times we have asked for ad hoc live in a State in which weather is not ALASKA FLOODING always a friend to agriculture. Yet ag- disaster assistance, a bill to pass the riculture is our most significant cre- legislature to provide assistance at the Mr. BEGICH. Mr. President, I rise ator of economic activity and gener- moment. Crop insurance is the tool by today to describe the devastating ator of jobs and economic growth in which we can avoid those requests. spring breakup flooding affecting my our State. When you manage risks with crop in- home State of Alaska. As we just heard We have the pleasure, in fact we are surance, you save the taxpayers money about Kansas, weather patterns are af- very proud, to feed, clothe, and provide and give the producers a better pro- fecting long-term droughts in farm- energy to much of the world. At the gram. lands, while in Alaska it is warm Today, as we have scheduled votes, I moment the challenges are great be- weather that is actually going in the have an amendment on the Senate cause of the significant effect the opposite direction. floor dealing with a crop called alfalfa. drought has had on Kansas and much of Over the last several weeks our coun- Alfalfa is the Nation’s fourth most val- the Midwest. That drought has been try has witnessed devastating torna- uable crop, and it plays a significant ongoing for more than 2 years, and it does in Oklahoma. Our hearts go out to role in our daily lives. the families of Moore, Oklahoma City, has had a significant impact on agri- Alfalfa is a building block for milk cultural production. It is that point I and many others that have been af- and meat. The hay that is grown in the fected, as they rebuild their lives. want to make as we debate the farm fields of California, Idaho, South Da- bill, the importance of the Crop Insur- Disasters such as these remind us of kota, Colorado, Oregon, Washington, the importance of family and commu- ance Program in response to those dif- Texas, Wisconsin, Kansas, and the rest ficult times. nity, and it should make us again ex- of the 50 States is a driver of the cost amine the work being done by FEMA Despite the drought, our Nation re- of products on grocery store shelves. and other agencies to help commu- mains the land of plenty, and Ameri- The Nation’s fourth most valuable crop nities prepare for natural disasters. cans continue to enjoy the safest and is vitally important. most abundant food supply in the The reality is producers are faced While it didn’t make national news, world. The reason we have so much is with risks, and there is no good way to Alaska’s families along the Yukon because of many factors: Prayers, the manage them when it comes to this River are putting their lives back to- work ethic of American farmers and crop, alfalfa. The current Crop Insur- gether after record flooding last week. ranchers, the courage to persevere in ance Program, Forage Production Thick river ice, high temperatures, spite of enormous challenges, and, APH, is severely inadequate, as dem- and fast melting combined to flood the among those things, finally, is the abil- onstrated by the fact that less than 10 community of Galena during what we ity to manage risk. percent of the acres are enrolled in the call ‘‘breakup’’ in Alaska. For those Farming and ranching is a high-risk program—compared to corn, soybeans, who have never witnessed it, breakup occupation. Producers can’t manage and wheat, which are all more than 80 on Alaska’s biggest and mightiest river the one thing that matters most to percent. is a spectacle almost beyond descrip- them, Mother Nature. Mother Nature Producers are going back to the bank tion. As the ice begins to move, buckle, is the one variable that can’t be con- to borrow operating money and being and crack, you can sometimes hear it trolled. Mother Nature brings drought, told not to plant alfalfa because there from miles away. The trouble is, in the rain, wind, and hail, the things a pro- is no good way to manage the risk. wrong conditions, the moving ice can ducer must face head on each year and This is very troubling because of the get caught where the rivers make their each year to follow. impact that alfalfa has on the economy natural bends. It piles up into moun- With the inability to control the and our Nation’s food supply. tains of jumbled ice, creating a natural weather, we must control what we The crop is important, and we need dam that floods everything behind it, can—the great risks associated with to figure out a way to manage its risks. or when it suddenly breaks loose, tor- agriculture. This is required for the Producers are being told to grow crops rents of raging water and ice rush United States to remain that land of that have a safety net, crops that have downstream. This year breakup has, plenty. some kind of guarantee when weather unfortunately, caused some extreme The risk management tool of choice is bad. My amendment, No. 987, re- conditions in interior Alaska. is crop insurance. Crop insurance gives quires the Federal Crop Insurance Cor- Last week, quickly rising waters producers a safety net so when there is poration to conduct research and devel- from a 30-mile ice jam along the Yukon a drought, a flood, a hailstorm, or opment regarding the policy to insure River had the village of Galena under- windstorm, they can pick up the pieces alfalfa and a report describing the re- water for 3 days. This is an example of and try again. This is what sets us sults of that study. There are no addi- what you can see. The woods, the trees apart from the rest of the world. We tional costs to the taxpayer with my are there, but all along there is water have the ability to manage our risks so amendment. burying the buildings.

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.009 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3892 CONGRESSIONAL RECORD — SENATE June 3, 2013 Galena is a village of fewer than 500 main engaged throughout the cleanup site because the technology doesn’t people located in the interior of Alas- and rebuilding process. exist at the level necessary to monitor ka. At least 300 of these residents had I am working with the State on this a disaster of this magnitude. to be evacuated to keep them from emergency, and I will make sure we This disaster is a reminder of the in- danger. Others moved to buildings on have all the resources possible as Ga- equities that still exist in serving rural higher ground to keep safe from the lena repairs and rebuilds. The emer- America. I will continue to look for rising water. gency response priorities right now are ways to work with my Senate col- We are grateful to be able to say no restoring essential services and getting leagues to act to provide rural commu- deaths or serious injuries have been re- people back in their homes. I am nities with better broadband access, ported. It is a miracle when you look pleased Alaska’s Governor Parnell de- not only for emergency disasters, such at the photos of the damage. As I said, clared a State disaster for Galena last as we are having here, but also for this photo, the aerial photo of Galena, week, and I urge the President to act basic communication. shows the extent of the damage. As quickly to declare a Federal disaster to All these factors mean Alaskans mentioned, this was a severe flood. It free up vital resources to help our must work and respond differently came on very fast, and we had to try to State and its people recover. when disasters occur in our State. As deal with this very quickly because the Responding to natural disasters in our State emergency response chief power of the Yukon, when it is moving, Alaska is very different than in the often tells me, ‘‘You can’t do ‘big city’ is fast and furious. These ice jams lower 48. We have very unique chal- response in most of Alaska.’’ FEMA move fast once they break. It is the lenges. It is important to have some rules don’t always work for rural Alas- worst flooding they have seen in 70 perspective on the size and scope of ka. One key concern is making sure years. Alaska. Alaska’s land is two-and-a-half FEMA programs for individual assist- When this happens in very remote times the size of the State of Texas. ance are fully employed and com- communities such as Galena, they Our road system is smaller than that of plement State assistance. don’t have communications, river-mon- Rhode Island, and 82 percent of Alas- I am hopeful that between the Fed- itoring technology, and transportation kan communities are only accessible eral, State, local, and tribal govern- infrastructure to react quickly. Let me by air. Flying from Galena to Fair- ments we can get some much-needed remind people that you cannot drive banks, or back and forth, is equivalent assistance to the residents of Galena out of this community. You have to fly to flying from Washington, DC, to New who are living through this nightmare. out of this community. So when the York. Actually, it is a little longer. It I know how strong the people of Galena river is breaking, it is all hands on is an amazing distance when you have are, and we know they will continue to deck for everybody. to go from place to place. stick together through this trying We are thankful for the response by I remind folks, as you can see the time. But they couldn’t do it without the Tanana Chiefs Conference, which great Yukon, in order to bring supplies the ongoing support of the National safely evacuated many residents. The and necessities in, it is an hour-long Guard and the Alaska Department of American Red Cross, the Salvation flight from the Fairbanks region. This Homeland Security Emergency Man- Army, and many volunteers provided makes the traditional lower 48 disaster agement Office. We will all continue to invaluable help. I am proud of the com- response unrealistic for Alaska. In work with them as we help the resi- munity for coming together to support most communities we don’t have the dents of Galena get back on their feet. each other and evacuating the elders road system to truck in critical sup- Looking forward, as chairman of the and those most in need first. Alaskans plies. We frequently rely on skilled Emergency Management Sub- are the type of people who are always bush pilots and boat captains to bring committee, I will be holding listening willing to lend a hand to their neigh- relief to communities in need. Our pi- sessions in Alaska to discuss prepared- bor. lots are often forced to land on gravel ness and mitigation solutions to nat- This flood hit the community hard. runways or river sandbars and our ural disasters. Because it is not just Nearly every structure in Galena and barge captains must navigate dan- the interior that faces serious threats the surrounding 25-mile-wide valley gerous waters to access rural villages. from natural disasters, we must also basin was under water. You can see Most residents of the lower 48 consider North Slope communities that here in this photo how that water couldn’t even begin to imagine these are often confronting changes from the moved and flooded out the whole area. experiences. This disaster in Galena is warming Arctic. It is important for us The ice jam on the Yukon causing this a stark reminder of why we must con- to tackle these issues head on, to cre- flooding isn’t gone yet. Villages down tinue to invest in the aviation and ate public-private partnerships, strong river from Galena, such as St. Mary’s maritime lifelines Alaskans rely on for communication lines, and disaster re- or Holy Cross, remain on alert and are survival. sponse plans so our communities are bracing for their possible evacuation. Another issue unique to my State is protected and our residents are safe. Once again I remind folks, you can- the absence of broadband access in Mr. President, I yield the floor, and I not drive out of these communities, rural areas. When I say that, most peo- suggest the absence of a quorum. you have to fly out or take the river. ple say: What is the big deal? Everyone The ACTING PRESIDENT pro tem- The people who live along the Yukon is hooked up. Not in Alaska. This is pore. The clerk will call the roll. River respect it as a resource but know something most people would consider The assistant legislative clerk pro- that living along the banks can also critical infrastructure in order to re- ceeded to call the roll. bring dangerous conditions which we spond to disasters. Mr. DURBIN. Mr. President, I ask must prepare for. Increased broadband deployment unanimous consent that the order for Although the waters in Galena are throughout rural Alaska would help the quorum call be rescinded. subsiding, we know the real work is communities such as Galena by pro- The ACTING PRESIDENT pro tem- just beginning. This community must viding vital information, such as tele- pore. Without objection, it is so or- rebuild stronger, more prepared for fu- health access to help injured residents, dered. ture disasters. And they must do so up-to-date information on changing f within the short summer construction weather conditions, better communica- season, an added complication for Alas- tion between responders and the dis- REMEMBERING FRANK R. ka. Again, our spring is here now, sum- aster response center, and information LAUTENBERG mer will soon be here, and within 31⁄2 on incident response teams and cleanup Mr. DURBIN. Mr. President, I just months winter will be back. strategies. flew in from Chicago. Early this morn- As chairman of the Senate Homeland I might relate a personal example ing, I was given the news that I had Security Subcommittee on Emergency here. When I called the individual in lost a great friend and one of my dear- Management, I take this flooding event charge of the situation on the ground, est colleagues; Senator FRANK LAUTEN- very seriously. I have been in touch we were waiting for another radio call- BERG of New Jersey passed away. with local leaders, State disaster re- in—let me repeat that: a radio call-in— Most of us saw FRANK a few weeks sponse agencies, and FEMA. I will re- to get an update from someone on the ago. He was here on the floor of the

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.010 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3893 Senate. He had to come down; it was House of Representatives opposed me— had. The day came when I was elected one of those moments where his vote all the Democratic leaders of my party to the Senate. He and I used to go was crucial. We knew he was strug- and all the Republican leaders too. Yet around and tell the story from time to gling, but we also knew he would be I put the amendment on a transpor- time, reminiscing about that battle here. He said he would, and he was. He tation appropriations bill, and through back in 1986. sat right over here in a wheelchair, some good luck and breaks it made it FRANK told us he was once a two- with that trademark FRANK LAUTEN- through the Rules Committee. That pack-a-day cigarette smoker himself, BERG smile. I don’t think I have ever wasn’t supposed to happen. but when it came to this bill, he knew run into a person in my life as happy as It turned out that when the chairman the right thing to do. I was lucky to FRANK LAUTENBERG. He was a great of the Rules Committee—Claude Pep- have him by my side. I couldn’t have joke-teller. The best thing about per of Florida—was a Senator years be- done it without him. FRANK’s joke—even if he was telling it fore, he had been instrumental in start- He was the driving force behind a lot for the 254th time—is he would start ing the National Cancer Institute. As a of other laws that were important to laughing before the end of the joke and southerner, he didn’t talk much about America: setting the national drinking pretty soon the whole room was laugh- tobacco—nobody did from the South in age at 21; setting the national blood ing. those days—but in his heart he knew level definition of 0.08 for drunk driv- You always wanted to be out for din- tobacco smoking was killing people. He ing. These laws on smoking and drunk ner with FRANK and Bonnie because let me get that amendment to the driving have saved millions of lives you knew there was going to be a good floor, which shocked everybody. I re- thanks to the leadership of FRANK LAU- time. You would hear a lot of jokes you member the day—and this goes back 27 TENBERG. had heard before, but you encouraged years—I was in the House of Represent- He was the last remaining World War him to tell them. He had so many sto- atives, brand new, calling this amend- II veteran in the Senate. A few weeks ries to tell. ment to ban smoking on flights of 2 ago we lost Danny Inouye, who used to Here he was, a member of the ‘‘great- hours or less. That is how we started. I sit right here. He, of course, served in est generation,’’ having served in looked up in the gallery, and the gal- World War II as well. FRANK passed away early this morn- World War II, and served here in the lery was filled with flight attendants in ing in New York. He is survived by his Senate. Two different approaches. He their uniforms from all different air- wife Bonnie Englebardt Lautenberg. retired once and came back, and served lines. They were victims too of second- What an extraordinarily good person here to the age of 89. hand smoke. He astonished us all when he came We called that measure for a vote, she is. I left a message for her on her voicemail and said, Standing by here on the floor of the Senate, that he and it passed. It shocked everybody. It FRANK’s side made a big difference in was wheeled in in a wheelchair to vote turned out the House of Representa- his life, in the years they were to- on some important amendments re- tives was the biggest frequent flier club gether. They were a great partnership. lated to gun safety and gun control. in America. They were sick and tired of In addition, he is survived by 6 children FRANK, if he were alive, would not have sitting on airplanes and breathing in and 13 grandchildren. missed those votes; it meant so much somebody else’s secondhand smoke. Well, there were a few moments of ju- He was a leader on environmental to him. It was an issue that he led on, protection, transportation, and pro- bilation and celebration. Then some- he was respected for. When it came to tecting public health. He authored the body said, Well, what are you going to closing the loopholes where convicted law that prevented domestic abusers do in the Senate? I thought, Oh, my felons and people who had no business from possessing guns. It wasn’t easy to goodness; that is an important part of owning guns were buying them any- do. It looks pretty obvious, doesn’t it? this. So I decided to call the chairman way, FRANK LAUTENBERG led the effort It turned out police organizations were of the Transportation Appropriations to stop the proliferation of guns and opposing him, because some policemen Subcommittee—a fellow named FRANK the distribution of them to people who had been accused of domestic abuse and LAUTENBERG of New Jersey. I didn’t would misuse them. It was a cause he they couldn’t carry a gun under the know him, but I said to him, FRANK, I felt passionately about, and one he cast Lautenberg amendment. FRANK stood many tough votes on as he served in would like to ask you a favor. Would his ground. the Senate. you consider offering this bill as an He cowrote the new GI bill for the His return that day for those votes amendment to the Senate transpor- 21st century. A man who was a bene- was an act of courage in a long life tation appropriations bill. He said, I ficiary of the original GI bill in World that was filled with courage, starting will get back to you. And he did—in a War II teamed up with Jim Webb of the with his service in the U.S. Army in hurry. He said, I am on board. Let’s do State of Virginia, and the two of them World War II, and continuing through- it together. put together a GI bill that our men and out his life—physical courage, political It was the best phone call I ever women who serve richly deserve. courage, and moral courage. made. And for the people of this coun- He authored the toxic right to know When FRANK LAUTENBERG spoke to try and those who fly on airplanes, law. It was another great law he and I some law students at Rutgers Univer- that team of LAUTENBERG and DURBIN cosponsored. It came down to the ques- sity about 10 years ago, he said he had managed to pass a bill, signed into law, tion of the chemicals that are put in considered briefly studying law himself which did much more than we ever fabric in our furniture—which, sadly, after he had served in the Army in dreamed of. We thought this little idea leach out and get into the environment World War II but decided he was too of taking smoking off airplanes would of our homes, many times affecting old to start law school. He told the law make flight a little more comfortable small children. FRANK was quick to be students: It was too late; I missed my and safer from a health point of view. the leader on that issue. Even though opportunity. What neither FRANK nor I realized at his State of New Jersey is one with a FRANK LAUTENBERG may not have the time was it was a tipping point. lot of chemical manufacturers and pro- earned a law degree, but make no mis- Americans looked around and said, If ducers, he led in this effort to protect take, FRANK LAUTENBERG of New Jer- we are going to take smoking off air- families and children. sey left an important mark on the laws planes, why stop there? Trains, buses, He wrote the law to create the of America. offices, hospitals, restaurants—look Paterson Great Falls National Historic Here is how I first came to know him. across the board at what has happened Park. After he cast his 9,000th vote in In 1986, I was a Congressman from in America. Neither FRANK nor I saw December of 2011, Senator Springfield, IL, and had been here 4 this coming, but it worked. It has proclaimed on the Senate floor, years. I had never met FRANK LAUTEN- changed this country. It has changed ‘‘FRANK LAUTENBERG has been one of BERG of New Jersey, who was a Senator the Senate, the House—it has changed the most productive Senators in the at the time. I got this crazy notion to this country. I wouldn’t be standing history of this country.’’ introduce a bill to ban smoking on air- here today telling you the story were it It was February 15 that FRANK an- planes. I didn’t have a chance, not a not for FRANK LAUTENBERG. He was the nounced he wasn’t going to seek an- chance. The entire leadership of the very best partner I ever could have other term in the Senate. At the time

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.012 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3894 CONGRESSIONAL RECORD — SENATE June 3, 2013 of his announcement in his hometown The ACTING PRESIDENT pro tem- a pity. It is beneath the United States of Paterson, he set out an agenda for pore. Without objection, it is so or- Senate. the remaining 2 years of what he want- dered. They filibustered a First Circuit ed to get done before he left the Sen- f nominee from Maine who was sup- ate: reforming the U.S. chemical safety ported by the two Republican Senators laws, improving gun safety, and pro- NOMINATIONS from Maine. In addition, Republicans viding Federal resources for New Jer- Mr. LEAHY. Mr. President, before had filibustered the earlier nomination sey to rebuild from Superstorm Sandy. the Senate went into recess, I was dis- of Caitlin Halligan to the DC Circuit. We owe it to FRANK and his memory appointed with the statements made to Anybody who needs to refresh their to make sure those things are done. I the Senate that misstated the history recollections of those months should know that , his friend of Judge Srinivasan’s confirmation reread my statements on judicial and close colleague from New Jersey, process. The Senator who said the nominations from June 6, June 11, June will pick up that gauntlet and proceed chairman of the Judiciary Committee 12, June 18, June 26, July 10, July 16, to carry on in FRANK’s name. made ‘‘no effort, no effort’’ to have a July 23, July 30, August 2, September He used to say with some pride that hearing on Judge Srinivasan until late 10, September 20, November 30, Decem- he was a success in business—and he last year was misinformed, and in stat- ber 3, December 6, December 11, Decem- was—and that he understood the mind ing what he did, he misinformed the ber 13, and December 17. Unlike the re- of businessmen. But he never ever lost Senate. cent misstatements made to the Sen- touch with the common man and the We made efforts in the fall before the ate, the facts are in those statements people who counted on him in New Jer- election to schedule such a hearing, of mine. sey and around the United States. and I renewed our push to have a hear- By July 19, 2012, I had determined The Senate is going to miss FRANK ing on the nomination before the end of that the paperwork on the Srinivasan LAUTENBERG. I am going to miss a the session. I was accommodating Re- nomination was complete and the great pal. I am going to miss one of the publican objections by not scheduling a nominee could be included in a hear- best dinner companions you could ever hearing before the end of last year. ing. It has been my practice as chair- dream of here in Washington, DC. We These erroneous RECORD state- man of the Judiciary Committee, in an are going to join together on Wednes- ments—these erroneous statements to effort to be fair, to do something that day up in New York for a memorial the rest of the Senate—have me won- was not always done by others, to give service. I am sure it is going to be dering whether I should be so accom- the minority notice and allow con- widely attended, because FRANK did a modating to Republican scheduling de- sultation before scheduling a nomina- lot of good for a lot of people over the mands if they then forget their de- tion for a hearing. At that time, the course of his years in public service. I mands in their efforts to avoid respon- next July hearing had been discussed am going to miss him. sibility and to blame others. In other as one devoted to the nominee to head Mr. President, I yield the floor, and I words, they request a delay and then the Antitrust Division of the Depart- suggest the absence of a quorum. say, well, of course it is somebody ment of Justice, a nomination that The ACTING PRESIDENT pro tem- else’s fault that we had the delay. pore. The clerk will call the roll. itself had been delayed and to which Judge Srinivasan was nominated there was Republican opposition. Dur- The assistant legislative clerk pro- June 11, 2012, during a summer when ceeded to call the roll. ing the August recess, my staff asked Senate Republicans were in the process Mr. LEAHY. Mr. President, I ask Senator GRASSLEY’s about holding a of constricting the confirmation proc- unanimous consent the order for the hearing on the Srinivasan nomination quorum call be rescinded. ess and intent on their misapplication in September. They raised objections The ACTING PRESIDENT pro tem- of the so-called Thurmond rule to stall and concerns about proceeding with pore. Without objection, it is so or- judicial nominees before the Presi- the DC Circuit nomination at that dered. dential election. It was only in May, time but agreed to proceed with four Mr. LEAHY. Mr. President, I was 2012, that the Senate completed action district nominees and a Court of Inter- going to speak on a different subject, on the 19 nominees held over on the national Trade nominee. but I will speak further about our dear Senate Executive Calendar in 2011. Re- In November 2012, after the American colleague Senator LAUTENBERG. I look publicans were in the process of filibus- people had solidly reelected President at the flowers on his desk—it seems in tering a nominee to the Ninth Circuit Obama, we raised the need for the hear- the years I have been here I have seen from Arizona. Interestingly enough, ing on the DC Circuit nomination too many colleagues’ flowers there. Of the person they were filibustering had anew. Republicans objected, again, in course, every day FRANK LAUTENBERG been recommended by Jon Kyl of Ari- spite of the precedent of holding a was here, I had the privilege of serving zona, the deputy Republican leader, of hearing on one of President Bush’s DC with him, a dear friend. I missed him course a Republican Senator. Repub- Circuit nominees during a similar when he left the Senate and was over- licans were dragging out confirmations lameduck session. joyed when he came back to the Sen- of judicial nominees who had been Instead, they said: No, no, no. It is all ate. He was a man who cared about his nominated in the fall of 2011 and the right to do it for a Republican Presi- country, cared about the Senate, cared early months of 2012. They even filibus- dent but not for this Democratic Presi- about the people. tered a Tenth Circuit nominee from dent, Barack Obama. We can’t do it for He was a man who came from humble Oklahoma who had been supported by him. I know you allowed it for Presi- beginnings and became extremely the two Republican Senators from dent George W. Bush, but after all, he wealthy. He spent a lot of time giving Oklahoma in what was the first fili- is different. He was a Republican Presi- that wealth away. He was the last com- buster of a circuit court nominee re- dent. We cannot do it for this Demo- bat veteran—in fact, the last veteran ported with bipartisan support by the cratic President. Instead they wanted from World War II serving in this body. Judiciary Committee. Throw out all to proceed only with district court Those of us who got to know him and the precedents, throw out all the rule nominees during the lameduck. Repub- spent time hearing of those horrendous books, throw out everything Demo- licans insisted the Srinivasan hearing times in Europe during World War II crats and Republicans have done in the be put off until the next Congress and are better for it. We realized a person past—it is going to be our way or the the new year. In deference to the Re- who had served the country during that highway. Even when the President of publican minority, I held off. They time did more than any of the rest of the United States, in trying to reach agreed that he would be included in the us. out, nominates a judge supported by first nominations hearing of the 113th I will speak further about my friend the two Republican Senators of that Congress. FRANK LAUTENBERG. I know Marcelle State, a judge reported out by a bipar- Then, in early January this year, and I extend our love to Bonnie and his tisan vote by the Senate Judiciary when called upon to hold up what they children, his family. Committee, they say: Oh, what the said they would agree to, their end of I ask consent to speak as in morning heck, President Obama nominated him, the bargain, Republicans wanted to business. let’s filibuster him. This is wrong. It is change the rules again and they

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.013 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3895 balked. They insisted the nominee and sponses, I listed his nomination for ac- ful bipartisan farm bill last year. The others be interviewed and scores of tion by the Judiciary Committee on other body did not take it up. She is documents be produced in their effort May 9, 2013. In what has become stand- going to bring through a wonderful one to stall other nominations. In other ard practice for the Republicans on the this year. I hope they will take it up. words, having made an agreement, Judiciary Committee, they still in- While she is on the Senate floor, I they backed out of it. The nominee was sisted on holding him over for another want to say the same thing I said about not, and could not have been, the ‘‘law- week for no good reason. I protected her in the State of Vermont: Every one yer . . . who handled’’ the Magner case. their right on that, even though it has of us is so proud of the Senator. Wheth- In fact, the United States was not a been abused in a way I have never seen er it was a Republican or Democrat, party in the Magner case. As was read- in 38 years. they all agreed. ily apparent from the one email that Presaging the unanimous Senate I yield the floor. vote, the vote in the Judiciary Com- named Srinivasan, his alleged ‘‘in- f volvement’’ was merely being asked by mittee was 18 to zero when it was fi- Tom Perez, now the President’s nomi- nally allowed to proceed on May 16. Re- CONCLUSION OF MORNING nee to be Labor Secretary, a technical publicans then insisted that the Senate BUSINESS legal question about U.S. Supreme vote on his confirmation be delayed The ACTING PRESIDENT pro tem- Court procedure. It was the nominee’s two weeks until after the Memorial pore. Morning business is closed. Day recess. I would not be surprised if job as the Principal Deputy Solicitor f General to answer such questions for Senate Republicans now took credit for administration officials—and he did expediting that vote despite the fact AGRICULTURE REFORM, FOOD, answer it appropriately. Republicans that it took the Majority Leader filing AND JOBS ACT OF 2013 could have asked him about it at his a cloture petition to get that vote in The ACTING PRESIDENT pro tem- confirmation hearing in January and May. pore. Under the previous order, the fulfilled their agreement, but they in- I make significant efforts to ensure Senate will resume consideration of S. sisted on using his nomination as le- that the minority is prepared to move 954, which the clerk will report. verage against the administration. forward on a nomination before we The bill clerk read as follows: schedule a hearing. My staff routinely They insisted, instead, on first inter- A bill (S. 954) to reauthorize agricultural viewing three U.S. Department of Jus- gives them our plan weeks in advance. programs through 2018. Even with this advance notice, I rou- tice officials, including Tom Perez, be- Pending: tinely have to notice a hearing without fore they would go forward with his Stabenow (for Leahy) amendment No. 998, hearing. listing nominees because the minority has not yet taken the time to read the to establish a pilot program for gigabit After months of attempts to get the Internet projects in rural areas. committee Republicans to focus on the basic material on the nominations de- spite its being available for weeks, and The ACTING PRESIDENT pro tem- nominee at hand while they insisted on pore. The Senator from Michigan. their wide-ranging investigation of sometimes months, with something a law clerk could have done in 20 min- Ms. STABENOW. Mr. President, be- Tom Perez, a nominee not pending be- fore the distinguished chair of the Ju- fore the Judiciary Committee, Repub- utes, but this highly paid professional staff can’t get around to doing it. diciary Committee—and former chair licans finally agreed to include of the Agriculture Committee—leaves Srinivasan at the Judiciary Committee I am disappointed that despite the fact that I have bent over backwards to the floor, I just want to thank him not on April 10, 2013. That was more than 7 only for being a wonderful role model months after the hearing I had first accommodate them, Senate Repub- licans contend that I made ‘‘no effort, for me in chairing the Agriculture been proposed and more than three Committee, but also for the way in months after the hearing to which they no effort’’ to hold Judge Srinivasan’s hearing last fall. One Republican Sen- which he conducts the Judiciary Com- had previously agreed. mittee. He is evenhanded, fair, and As I noted in my December 12 hear- ator said during the debate on the gives every member the opportunity to ing statement, as Chairman I had not Srinivasan nomination that the delay make their case, whether it is legisla- jammed the minority with judicial must have been my choice since that tion coming through on gun violence, confirmation hearings the way my Re- decision was ‘‘solely within the control immigration, or judicial nominations. I publican predecessor did. I was trying of the Democratic majority.’’ For Sen- just want to thank the Senator for to bring the Senate back to the way it ate Republicans to pretend that they being the model of a statesman in all should be, the same way I did during had no role in delaying this nomina- he does. the immigration hearings and markup. tion was wrong. Do they really think I agree that we need to move forward I did not want to go back to the games the American people are that gullible? in a fair and open bipartisan way in played that we had to face when they I think not. filling the nominations of our judici- were in charge. I think no good deed We had the Policeman of the Year ary. I just wanted to thank the Senator goes unpunished. award early this morning in the Mans- We held only 11 judicial nomination field Room. When I looked up at that from Vermont. hearings in 2012. In light of the Sen- painting of Mike Mansfield, I thought Mr. President, we are resuming the ate’s recess schedule for the election of how wonderful it was to come here consideration of the farm bill, the agri- cycle, we held only two after the Au- when he was the majority leader. I re- culture reform, food, and jobs bill. Be- gust recess. The nominations included member him saying one thing: Sen- fore I address that, I want to take a at those hearings were the result of ators, no matter what their party, moment—as many colleagues have al- consultation with the ranking minor- should always keep their word; and ready done, and many more will do—to ity member and were essentially by when on the floor of the Senate, they pay a very special tribute to a dear agreement. should always tell the truth. That is friend and colleague, Senator FRANK I now see that when we try to work good advice. I wish people would start LAUTENBERG of New Jersey. it out, and we keep our word and we following it. REMEMBERING FRANK R. LAUTENBERG have conciliation and accommodation COMMENDING SENATOR STABENOW I was deeply saddened, as we all were and keep our word and our part of the I see the distinguished Senator from today, to learn Senator LAUTENBERG bargain, all we get is recrimination Michigan, the chair of the Senate Agri- had passed away during the night. My from the other side as they try to culture Committee, on the floor. If I thoughts and prayers are with Bonnie break the bargain. That is not the Sen- could take 30 seconds longer so I can and the whole family, as I know they ate I have been proud to serve in for 38 say with her here what I said about her are grieving because of the special loss years. in Vermont to a group of farmers this they feel and we will all feel. This nominee was praised at the past week: The Senate is blessed to He was the kind of Senator we will hearing and proceeded to answer scores have her as chair. Nobody has done it not see again—a World War II veteran. of written questions after the hearing. better, and I can speak with some expe- We have lost our World War II vet- When he had provided his written re- rience. She brought through a wonder- erans. He defended freedom against

VerDate Mar 15 2010 00:14 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.015 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3896 CONGRESSIONAL RECORD — SENATE June 3, 2013 some of the most evil forces of the 20th a number of votes. We are close to fin- found four times as much in savings. century, and he was truly a member of ishing the bill, and we need to get it We wanted to come to the floor of the the ‘‘greatest generation’’ of Ameri- done this week. Senate to tell every colleague that cans. I will note that it was just a year ago there is integrity in every program; We saw him battle cancer and sur- when we were also working on this bill. that we have done everything we could vive. We have seen him come to the At that time, after coming out of com- to cut duplication, create account- floor time after time on behalf of the mittee on a strong bipartisan vote as ability, and provide policies that make people of New Jersey and our country well, we had 73 record rollcall votes. sense for the American taxpayer. to fight with tremendous courage for Every one of the substantive amend- We don’t do subsidies anymore, we do what he believed was right. ments that passed on the floor is al- insurance. We partnered with farmers I daresay he was one of the lions of ready in this bill. to buy insurance so they have skin in the Senate. He served for nearly 30 So we started with the work we did a the game. They don’t receive a check, years, casting over 9,000 votes on behalf year ago and the amendments of col- they get a bill for the insurance. But of the State and the people he loved. leagues that were passed on the floor of just like any other insurance, there is What makes Congress special is that the Senate, and now we are building on no payout unless there is a loss. So we all come from all walks of life, and that with additional ideas. We know it that is the basic structure. as we know that is what makes a great is time to bring this work to a close We have done a tremendous amount democracy. That is what gives us our and get it done. to also hone in on areas of, frankly, strength, not weakness. We need to move forward in order to misuse or abuse in policy as it relates Senator LAUTENBERG was the son of take care of the people who rely on ag- to the commodity title as well. For in- Jewish immigrants. He went to school ricultural policy, conservation policy, stance, this bill caps payments in the on the GI bill—as my dad did—after de- nutrition, energy policy, and rural de- commodity program to half of what fending our country. He went on to be- velopment. Every community outside they currently are. So we cut in half come a successful businessman by de- of our major cities depends on rural de- the current limit on what may be re- veloping one of the most successful velopment funds in order to be able to ceived by an individual farmer. payroll companies in the world. provide economic development, build Senator GRASSLEY and Senator TIM We were proud to have Senator LAU- the water and sewer project, build the JOHNSON deserve tremendous credit. TENBERG speak on what it meant to be road, and provide a loan for a small Senator GRASSLEY, as a member of our a success in creating jobs. He has been business. They are all counting on us committee, has championed these re- a wonderful voice in that regard. to get this bill done so they have some forms in payments for years, and this He found his true calling in public long-term certainty. is the first farm bill that has that in service, and we all know that. During This is a jobs bill, and the 5-year bill the base bill. We are cutting the pay- his five terms in the Senate he was one in front of us needs to get passed so ments in half. of the most fearless fighters on a whole they have certainty about how to plan We closed something called the man- range of issues. He has made a perma- for the future and how to continue to ager’s loophole to ensure that so-called nent mark on the quality of life of create jobs. farm managers actually have to be Americans. Among other things, he We also need to pass this bill because farming. They have to actually be helped to strengthen drunk driving we need to stop unnecessary spending, farming to get a farm payment. laws, pass the ban on smoking, prevent and we do that in this bill. We need to Today has an those convicted of domestic violence also ensure that consumers will con- article that I would encourage folks to from possessing guns, to author legisla- tinue to have a safe, healthy, and af- read. It talks about folks who are in tion to help the public discover what fordable food supply. We need to come Manhattan and Georgetown, living in pollutants were being released into together to show that, once again, we multimillion-dollar homes, receiving neighborhoods, and to cowrite the new can work together across party lines as these payments, and they are not farm- GI bill for the 21st century. I could go we have done on this legislation. It is ers. Because of the current structure on and on with so many other exam- important to get this bill done this and lack of accountability and focus, ples. week. they are actually getting paid. They do I am proud to have worked with him I am very proud of the fact that last not get that anymore under this bill. to champion cleaning our beaches all year we were the only committee that We have important reforms. along our coasts and Great Lakes, produced a voluntary deficit reduction This bill saves money by tightening working to increase the awareness and plan. We went through every single rules to prevent fraud and misuse in treatment of autism, and fighting to page of the policy under the farm bill, our nutrition programs. Our nutrition make sure women have access to the and I asked: Does it duplicate some- programs are critical and essential. health care we need and deserve. thing else? Does it work? Is it needed Just as crop insurance is there when a He was a true fighter for the rights of anymore? Is it worthy of taxpayer dol- farmer has a disaster, food programs all Americans, and he will be greatly lars? are there when a family has a disaster. missed. At the end we had eliminated 100 dif- We know, as in anything else, there Once again, I send my thoughts and ferent programs or authorizations. are areas where there can be abuse or prayers to his wife Bonnie, who is an Some programs were consolidated or waste. In my own home State, much to amazing woman in her own right, his strengthened, such as conservation. my chagrin, we have seen lottery win- children, and his grandchildren during Others were eliminated because they ners continue to receive food assist- this very difficult time. did not make sense. Things such as di- ance. We stop that. We crack down on Mr. President, as we return to the de- rect payment subsidies did not make retailers engaged in trafficking of ben- bate on the farm bill today, it is impor- sense. Last year we were able to efits, and we prevent States from al- tant to note that what we do this week produce $23 billion in savings. lowing some individuals to claim ex- will reflect just how committed we are This year we were back at it again penses they don’t really have in order to 16 million Americans who depend on and looked at a couple of other ideas, to increase their benefits. agriculture for their livelihood. All and it is $24 billion in savings to reduce By ending the misuse but making Americans depend on its success for the deficit. To put that in some kind of sure we keep the standard benefit for the safest, most affordable, and abun- context, under the across-the-board every man, woman, and child who de- dant food supply in the world. cuts we have all known to be called the serves some temporary help, we are We have to lead by example. We can- sequester—the across-the-board cuts putting more integrity into the food not kick the can down the road. We, in over the next 10 years for every agen- program. I would argue we need to the Senate, have already worked hard cy—agriculture’s across-the-board cut make sure we stand strong against the together on this farm bill which passed is $6 billion. cuts coming from the House of Rep- out of the Agriculture Committee with We could have said: Well, the seques- resentatives when we talk about food broad bipartisan support. We have had ter is $6 billion, so we will find $6 bil- assistance for folks who have paid a good debate on the Senate floor and lion in savings. We didn’t do that. We taxes all of their lives, who never

VerDate Mar 15 2010 00:37 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.016 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3897 thought in their wildest dreams they pect a strong bipartisan vote as we had authority to identify and correct prob- would ever need help, who are morti- a year ago. lems firmly and fairly and dispose of fied and who suddenly find themselves This really is a jobs bill. It really is disciplinary offenses that destroy mo- out of work and need to know some- a jobs bill, and in order to keep it a set rale and readiness. That is why I op- body will be there to help them put of jobs policies, our farmers and ranch- pose the proposals to eliminate the role food on the table, help them get back ers need to have the economic cer- of the commander in this process. on their feet. Our bill does that while tainty of getting this work done and To take the commander out of the creating accountability. I am very having a 5-year policy that will allow process would invite failure. These proud of the work our committee has them to plan and to continue to create commanders have to make decisions to done. the safest, most affordable food supply send our brave troops into battle. How We also have streamlined programs for Americans of anyone in the world. ludicrous is it that we would say to our not only to save dollars but to create So it is time to get it done. We are anx- commanders: You have to make a deci- more flexibility. ious to work with colleagues this week sion to send one of our kids into battle We have done a tremendous amount to do that. where they may end up losing their of work in the area of conservation. We Thank you, Mr. President. I suggest lives; however, you can’t participate in have over 650 conservation and envi- the absence of a quorum. the justice system of the troops. It ronmental groups across the country The ACTING PRESIDENT pro tem- doesn’t make any sense at all. endorsing our work in conservation. pore. The clerk will call the roll. As we consider the many proposals to We took 23 conservation programs and The bill clerk proceeded to call the combat sexual assault in the military, cut them down to 14 and then put them roll. we can’t lose sight of the importance in 4 very different and flexible areas. The ACTING PRESIDENT pro tem- to do three things. The three things are These conservation groups see that as pore. The Senator from Oklahoma. protect, prevent, and preserve. We have an improvement because we are cut- Mr. INHOFE. Mr. President, I ask to protect the critical role of the com- ting down the paperwork and making unanimous consent that the order for mander in driving cultural changes and it more flexible for farmers and com- the quorum call be rescinded. accountability. We have to prevent munity groups to be able to access con- The ACTING PRESIDENT pro tem- case disposition authority from being servation programs, and we are actu- pore. Without objection, it is so or- transferred outside the chain of com- ally saving money as we are doing dered. mand. Those of us who have been in the that. Mr. INHOFE. I ask unanimous con- service know what that is. Thirdly, we In this bill, as the Presiding Officer sent to speak as in morning business have to preserve the integrity of the knows, we have also codified a very im- for such time as I may consume. Uniform Code of Military Justice as an portant agreement that environ- The ACTING PRESIDENT pro tem- integrated, functional system of jus- mentalists, conservation groups, and pore. Without objection, it is so or- tice. farm commodity group leaders have dered. First, we have to protect the critical come to in supporting crop insurance SEXUAL ASSAULT role of the commander. The military is and making sure those who receive Mr. INHOFE. Mr. President, tomor- a hierarchy. The most junior recruit crop insurance are compliant with con- row the Senate Armed Services Com- quickly learns there is always someone servation. It is a very important pol- mittee is going to hold a hearing on above him in the military organiza- icy, and I commend everybody who the pending legislation regarding sex- tion. I have been there. I understand worked so hard on it. ual assault in the military. that. The need to follow the chain of Once again, as we go into this week, Lately, we have been bombarded, we command has been instilled in our I wish to remind colleagues this is a have been inundated with news reports troops. That is what they do. It is not jobs bill. Agriculture is a bright spot in about sexual assault in the military in a social system; this is a chain of com- our economy. It is the only area in our Nation. We can’t lose sight of the mand. Our military is both an organi- which we actually have a trade surplus. fact that we have the finest military in zation of leaders and of followers who The farm bill invests in a number of the world. The presence of sexual pred- are in training to become leaders. In areas to boost exports and to help fam- ators in our force does not take away peacetime or in war, leaders establish ily farmers sell more goods locally. We from the overwhelming good that is clear expectations and insist on meet- make some changes. While we are cut- done around the world by our members ing objectives. Every job in the mili- ting in certain areas, we actually in- in uniform, but the presence of these tary is important, and every job needs crease in others. That is what we ought sexual predators in the ranks needs to to be done correctly because lives de- to do when we make good policy deci- be addressed, and that is what the mili- pend on it. The security of our Nation sions. So we have increased funding for tary is doing now with or without our also depends on it. To ensure that the farmers markets, local food hubs, the interference. tough jobs get done, the military has a ability for schools to be able to pur- Last year’s NDAA—the National De- justice system that sets the expecta- chase more fresh foods and vegetables fense Authorization Act—signed into tion that decisions have consequences locally—things that create jobs locally. law in January of this year, included 10 and, I might add, bad decisions have We have spurred innovations in new new provisions dealing with sexual as- consequences also. biobased manufacturing—not just bio- sault that commanders have barely had Today there are four major bills that energy, but we can replace chemicals time to begin implementing, let alone have been introduced to address per- and petroleum with things such as soy- to assess the effectiveness of them. Yet ceived deficiencies in how the armed bean oil and other agricultural byprod- some want to provide still more services address sexual assault. I think ucts that are actually cleaner, bio- changes in the law this year. These these will very likely be discussed— degradable, create jobs, and get us off commanders need time to act. We can’t maybe not all four of them, but some foreign oil. So there are new initiatives keep piling new demands on our com- of them are going to be discussed in to- in the farm bill that allow us to do manders until they have had time to morrow’s hearing. I believe that before that as well. meet the previous demands. That is we make significant, substantive, and It really is a time for reform of the what the hearing tomorrow is really all procedural changes to the law, includ- policies that fall under what we dub about. We are going to be talking ing the UCMJ, we need the benefit of the ‘‘farm bill.’’ This bill, I believe and about more demands along these lines. adequate review. We need to think be- I think it is safe to say, is the most re- Today, sexual assault has not been fore we act. form we have seen in decades. We have eliminated, but we are working on it. We have to prevent case disposition done it on a bipartisan basis. We have The battle is not lost. More needs to be authority from being transferred out- had tough votes and made tough deci- done. We understand that, and more is side the chain of command. It is a ter- sions, but I believe they are the right going to be done. But we have to pre- rible idea to remove the authority of decisions in terms of reform. This is a serve the leadership tools that make commanders to dispose of the military bipartisan effort, coming out of com- our forces the finest in the world. One justice offenses. If commanders will be mittee 15 to 5, and I hope for and ex- such tool has been to give commanders held responsible for abolishing sexual

VerDate Mar 15 2010 00:37 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.018 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3898 CONGRESSIONAL RECORD — SENATE June 3, 2013 assault, then they must have the tools and adjudicate sexual assault and re- ommendations to modify the UCMJ on they need. lated offenses and to recommend how a regular basis. Some propose establishing colonel- to improve effectiveness. The commis- Some remain committed to yet an- level JAGs—judge advocate generals— sion has only just begun, and we must other round of changes to the law and, instead of commanders as disposition allow it the opportunity to do what it in fact, the recently passed fiscal year authorities who would decide what was created to do. So we established 2013 NDAA included some 10 legislative cases should go to courts-martial. The this. It was just last January when we changes addressing sexual assault in awesome authority of a commander is established this, and they are busy the military. the foundation for discipline within the doing what we have asked them to do. The services need adequate time to organization. The most junior service- Sexual assault cannot be abolished implement recent legal changes that member in the organization knows, by legislation alone. While we should give them the tools to fight these as- under the current law, their com- not wait to provide additional tools saults. Stop and think about it. Just mander has the ability to decide if mis- that could make a difference imme- last January we gave 10 new rules for conduct should be disposed of through diately, we have to be deliberate in them to absorb and put into play. They administrative measures, by non- making fundamental changes that have not had time to do that yet. Yet judicial punishment, or by a court- could undermine the UCMJ. I said we we are talking about having a meeting martial. Others within the command should do three things, and this is the and putting together something that watch how the commander deals with third thing. would be maybe even contradicting misconduct. All of this stuff doesn’t The third thing is to preserve the in- what we have already told them to do. Some would criticize our com- tegrity of the UCMJ as an integrated, happen in a vacuum. People are watch- manders and the entire military justice functional system of justice. Since ing. Those individuals who are going to system because of a recent case in 1951, the UCMJ has backed up com- be under the control and command and which a court-martial conviction was jurisdiction of a commander have to manders’ authority and their best lead- set aside. If we take time to look at the know how they are doing it. If the com- ership skills with the force of law. The statistics, we will see commanders mander is not allowed to exercise that UCMJ is a deployable justice system have only set aside findings of guilty in authority, it will destroy discipline that has proved to be effective about 1 percent of the cases. within the command. When discipline throughout our Nation’s conflicts. The Marine commanders only set declines, the military’s ability to de- Some believe military justice under aside findings in 7 out of 1,768 cases flect threats declines with it. the UCMJ and the Manual for Courts- from 2010 to 2012. That is 0.4 percent of Another proposal would create two Martial is an informal, undisciplined the cases—less than 1 percent. separate disciplinary systems: one in system. Nothing could be further from The Air Force commanders only set which commanders retain limited abil- the truth. The UCMJ is a highly devel- aside findings in 40 of 3,713 cases over 5 ity to dispose of minor, uniquely mili- oped and codified legal system. The years. That is 1 percent. tary offenses; another where a judge Rules of Court Martial are the military The Army commanders set aside advocate, far removed from the com- counterpart to the Federal Rules of findings in only 68 of 4,603 cases since mander, decides what offenses go to Criminal Procedure and provide de- 2008. trial by court-martial. Now, how can tailed and structured procedural rules. The Navy says its commanders only two systems possibly be more efficient The Military Rules of Evidence are set aside findings in 4 of the 16,056 and effective than one system in the based on the Federal Rules of Evidence. cases they have tried from 2002 to 2012. hands of commanders who are fully The UCMJ has been at the forefront That is 0.0001 percent in a 10-year pe- vested in the wellness and the readi- of changes in the civil criminal justice riod. ness of their commands? system. In fact, it has been ahead of Clearly, the commanders have been Another proposal would revoke des- the civil system. They are doing things doing a good job. The Defense Legal ignation of certain senior officers who in advance of what the civil system ac- Policy Board released a subcommittee are currently authorized by Federal tually does. report on military justice in combat law to convene general courts-martial. A rights warning statement similar zones just last week. This Defense This has broad implications beyond to the now-familiar Miranda warnings Legal Policy Board was put together military justice. This would require was required by article 31 of the UCMJ and they have experts to study this the services to revise literally hun- a decade and a half before the Supreme matter. We all agreed this was a good dreds of service regulations. Court decision of Miranda v. Arizona. move. They came out with their report Another proposal that I think is wor- The UCMJ was offering these protec- last week. This is not something that thy of careful review would establish a tions long before the civil courts did— might have happened 2 or 3 years ago. special victims counsel. The proposal the same thing with article 38(b). It It happened just last week. The subcommittee began its work on would assign an attorney to the victim continued the 1948 Articles of War July 30, 2012, to assess the application of sexual assault to provide advice guarantee of qualified defense coun- of military justice in combat zones in throughout the process, from initial sel—in other words, you get a defense Afghanistan and Iraq. This report complaint of sexual assault through counsel—to be provided to all accused states, since the beginning of 2001, the final disposition. The Air Force has al- and at earlier stages than required in Army conducted over 800 courts-mar- ready developed a pilot program. We civilian jurisdictions. So the military tial in deployed environments, the are doing it now. So I think the sugges- was providing counsel long before the Navy and Marine Corps conducted 8 tion is good, but it is simply what we civil system was. Yet the U.S. Supreme courts-martial in Afghanistan and 34 in are currently doing. Wouldn’t it be bet- Court only guaranteed counsel to the Iraq, and the Air Force conducted 3 ter to wait and get the results of what poorest criminal defendants in 1963. courts-martial in Iraq and 3 in Afghan- the Air Force is doing in their program Again, UCMJ was way ahead of the istan. to determine whether this is something game. The main theme of the Defense Legal we want to continue? Our Nation has 238 years of invest- Policy Board’s subcommittee hearings I am willing to consider appropriate ment in our military justice system, a and their 208-page report is the need for changes to the UCMJ in a thoughtful system of Federal law, rules of proce- the joint commander to have a central bipartisan approach that is consistent dure and evidence, and case history in- role in the administration of justice in with the longstanding traditions of the terpreting those rules that form the deployed theaters of operations. This is Senate Committee on Armed Services. foundation for one of the most com- the opposite of what some people are In the fiscal year 2013 NDAA—the Na- prehensive and sophisticated justice saying now. They are saying take the tional Defense Authorization Act—we systems the world has ever known. commander out of it. created an independent panel to review The UCMJ is not static and unchang- I am going to read this quote. This the UCMJ and judicial proceedings of ing. It has continuously been updated. report came out just 1 week ago. sexual assault cases. The panel is Article 146 of the UCMJ requires an an- While good order and discipline is impor- tasked with assessing the response sys- nual comprehensive update. The Joint tant and essential in any military environ- tems used to investigate, prosecute, Service Committee reviews rec- ment, it is especially vital in the deployed

VerDate Mar 15 2010 00:37 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.019 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3899 environment. The military justice system is He is a hard-working Senator. He The PRESIDING OFFICER. The Sen- the definitive commanders’ tool to preserve learned the value of hard work on a ator from New Jersey. good order and discipline, and nowhere—I re- ranch outside of Helena, the capital, in REMEMBERING FRANK R. LAUTENBERG peat—nowhere is this more important than the State of Montana. From the time Mr. MENENDEZ. Mr. President, in a combat zone. A breakdown of good order he was a boy, he was noted as being ex- and discipline while deployed can have a dev- today I come to the floor shaken and astating effect on mission effectiveness. tremely smart. That is why he was able deeply saddened, as we all are, by the to obtain both his bachelor’s degree Continuing to quote the report that loss of our colleague, my good friend and his law degree from one of the came out last week: and ally, the senior Senator from New most prestigious universities in the The Joint Commander is ultimately re- Jersey, Senator FRANK LAUTENBERG. world, Stanford University. When I think of Senator LAUTENBERG, I sponsible for the conduct of his forces. As I have worked with him the many such the Subcommittee has determined that think of the word ‘‘tenacity.’’ FRANK the Joint Commander MUST have the au- years I have been here in the Senate. I LAUTENBERG was tenacious. When he thority and apparatus necessary to preserve worked with him when he was chair- had a setback, he always got right good order and discipline through the mili- man of the Environment and Public back into the game. He was as tena- tary justice system. Works Committee during a massive cious in life as he was here in the Sen- Let me repeat the last line. highway bill. He has been a member of ate, where that tenacity paid off for As such the Subcommittee— the Agriculture Committee for many the people of New Jersey and for the years. The experts who were looking at this Nation. His mark in this body, though, has and came out with the report last When he had a setback with cancer, been as a member of the Finance Com- week— he did not let himself take 1 minute mittee. He has done many things. He more than he had to before he got back has determined that the Joint Commander was involved over the course of the 1982 MUST have the authority and apparatus nec- up and went right back at it. I will al- bill that reformed the Tax Code signifi- essary to preserve good order and discipline ways remember his tenacity, a through the military justice system. cantly, called Bradley-Gephardt. MAX strength of will, and an unshakable re- BAUCUS was in there working on what The services can do better, and they solve that helped him in his own life he thought was important to Montana will. But the record clearly dem- and in making life better for others. and the country. FRANK LAUTENBERG loved the Senate. onstrates these commanders take their He became chairman of this very im- He loved his job and the people who responsibility very seriously, and we portant committee, and he has been in- elected him time and time again—five should continue to let them lead the strumental in developing many mas- times, in fact; the longest serving Sen- men and women of our Armed Forces sive pieces of legislation but nothing ator for the State of New Jersey—peo- into battle, bring them home safely, more significant than the months and ple he cared deeply about: working and to use all the tools in the military months and months he spent managing families, seniors, single moms, and the justice system to enforce their author- the health reform bill, the ObamaCare hard-working folks who trusted him al- ity. bill. He has long been an advocate for At the very least, let’s give the com- children’s health. He was an advocate ways to be on their side, and he was. He manders a chance to implement the for the Children’s Health Insurance was a man for New Jersey, a man for changes we ordered them to make as Program and has fought to strengthen his time—one of the ‘‘greatest genera- recently as last January before we go Medicare for seniors all over America tion,’’ the last in the Senate to have imposing more systems on them. and, of course, in his State of Montana. served in World War II. I know it is popular to do this and As I mentioned, he served on the Ag- His story was a quintessential Amer- say we have all these sexual harass- riculture Committee, the Environment ican story. His father Sam worked in ments and all that, but these figures and Public Works Committee, and the the silk mills of Paterson, NJ. He sold speak for themselves. These are facts, Joint Committee on Taxation. His leg- coal, he farmed, and he once ran a tav- and I think we cannot expect our peo- islative record is open for everyone to ern. FRANK lost his father to cancer ple—our commanders in the field, the see. It is massive, it is important, and when he was 19 and he learned the les- ones who are responsible for the lives he has done a remarkably good job. son of hard work, having to take on a and deaths of the troops they send into The one thing Senator BAUCUS and I job nights and weekends until he grad- harm’s way—to continue to spend all of have spent a lot of time talking about uated from , when their time making these changes and is running—not running for office but he joined the Army and went to Eu- not even have time to make the running with your feet. He is an avid rope. When he came back, he went to changes we ordered them to do last runner. I used to feel and always felt Columbia University on the GI bill, and January. pretty cocky that I have run quite a he got a degree in economics. He under- With that, I suggest the absence of a few marathons, but they pale in com- stood the value of that opportunity quorum. parison to the running has given to him as a veteran and he ex- The PRESIDING OFFICER (Mr. done. No. 1, he is faster than I am, and, tended that forward when he later co- KING). The clerk will call the roll. No. 2, he can run longer than I can. He authored the new 21st century GI bill. The bill clerk proceeded to call the has completed a 50-mile race in less Anyone who knew FRANK LAUTEN- roll. than 12 hours. That is remarkable, and BERG knew he was destined to make Mr. REID. I ask unanimous consent he did that less than 10 years ago. This something of himself, and he did. He that the order for the quorum call be is just one way Max has gone the dis- joined two of his boyhood friends to rescinded. tance. Anyone willing to spend half a found a very successful business, ADP, The PRESIDING OFFICER (Mr. day running must love the outdoors. I and he did it well. But if losing his fa- TESTER). Without objection, it is so or- am speaking about half a day. That is ther, working his way through high dered. 12 hours. This is especially true for school, going to war, starting a busi- TRIBUTE TO MAX BAUCUS Max, who enjoys hunting and fishing ness and making a success of himself Mr. REID. Mr. President, in a few and has been an important advocate for wasn’t enough, FRANK wanted to give minutes Senators will cast votes on public lands in Montana and the Na- something back. He was very com- two amendments to the farm bill that tion. He was the author of one the larg- fortable in life and he could have said: is now pending before this body. Before est conservation bills I know of in I am going to enjoy this hard work and we do, I wish to take a minute to ac- American history, except for perhaps sacrifice that has brought me to this knowledge that the senior Senator some Alaska lands bills, which pre- comfortable stage in life, but he con- from Montana, MAX BAUCUS, has cast served more than 310,000 acres of forest sidered himself lucky and he wanted to more than 12,000 votes over the past land in northwestern Montana. help others. That is why he ran for of- three decades in this institution, the I congratulate Senator BAUCUS on fice. It is why he served and it is why Senate. This is a remarkable accom- reaching this impressive milestone of the people of New Jersey kept electing plishment, and it speaks to his dedica- 12,000 votes and recognize the contribu- him. tion to the Senate and to the people of tions he has made to this country are New Jerseyans loved and admired Montana. significant. FRANK for what he did for the Nation

VerDate Mar 15 2010 00:37 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.020 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3900 CONGRESSIONAL RECORD — SENATE June 3, 2013 and what he did to help them and every ment with him. Time goes by all too ‘‘(B) REPORT.—Not later than 1 year after American build a better life for them- quickly, but the memories last forever. the date of enactment of this paragraph, the selves and their families. In death, His accomplishments will last forever. Corporation shall submit to the Committee those accomplishments and the love They will touch the lives of people well on Agriculture of the House of Representa- tives and the Committee on Agriculture, Nu- and admiration New Jerseyans have al- beyond his death, and our image of trition, and Forestry of the Senate a report ways had for FRANK LAUTENBERG will what it means to learn to live, to learn, that describes the results of the study con- not diminish, whether it was his land- to earn, and then give something back ducted under subparagraph (A).’’. mark drunk driving law, coauthoring will never be forgotten because it lives Mr. MORAN. Mr. President, I was on the 21st century GI bill, or introducing in FRANK LAUTENBERG’s legacy to this the floor earlier today describing this the toxic right to know law that em- Chamber, this Nation, and to the peo- amendment, and I will do so very brief- powered the public to know what pol- ple of my home State. ly. lutants were being released into their There is a quote from the Old Testa- This is an amendment to the farm neighborhood, FRANK gave something ment, from Daniel, chapter 12, and it bill that deals with a crop called al- back to all of us. says: falfa, one that is grown and produced We can talk about how hard he Many of those who sleep in the dust of the in most States but often not known a fought for the victims of Superstorm earth shall awake . . . and the wise shall lot about, as we discovered in this farm Sandy this year. Even in illness he shine brightly like the splendor of the fir- bill discussion. What we know about came back to the Senate to try to mament . . . And those who lead the many this crop is that it is very important to justice shall be like the stars forever. make sure New Jerseyans and all those and used in many ways—to feed cattle who suffered from Superstorm Sandy FRANK LAUTENBERG stood for justice and produce milk by feeding dairy cat- were taken care of. Or we can talk in all of its forms for every American tle—and so it is a very important com- about how he worked to make the every day he served in this Chamber, ponent in the livestock industry and Paterson Great Falls—his hometown and his memory shall be like a con- valuable as feed for both cattle for he loved so dearly—a national park. stellation showing us the way. meat consumption and cattle for dairy But above all, he was Mr. Transpor- Today we say: Thank you, Senator consumption. tation here in the Senate. Whether it LAUTENBERG, for a life well lived and a There is a real challenge in getting was roads or bridges, airlines or the job well done. Thank you, on behalf of crop insurance available for this crop. rail system, he believed in having the a grateful State and Nation. So this amendment would require the best and safest transportation system Our deepest thoughts and prayers are Federal Crop Insurance Corporation to in the world. And when it comes to air with his wife Bonnie and his entire conduct research and development re- travel, he was way ahead of his time family. I know we will miss him as garding an insurance policy to insure when it came to safety. Let’s not for- they will miss him, as the Nation will alfalfa and then provide us with a re- get it was FRANK LAUTENBERG who miss his incredible work. port from the results of that study. ended the dangers of smoking on air- With that, Mr. President, I yield the There is no cost to the taxpayer. As I lines so none of us would be subjected floor, and I suggest the absence of a understand, this is a noncontroversial to sitting in a smoke-filled aircraft and quorum. amendment. The PRESIDENT OFFICER (Mr. with the dangers of smoking on a I see the chairperson of the com- COWAN). The clerk will call the roll. plane. Today, when I took the mittee is on the Senate floor, and I The assistant legislative clerk pro- would be happy to yield to her. from Newark to Union Station, I ceeded to call the roll. thought through most of that ride of The PRESIDING OFFICER. The Sen- Mr. MORAN. Mr. President, I ask ator from Michigan. FRANK. I remembered how many times unanimous consent that the order for he came to this floor to fight for Amer- Ms. STABENOW. Mr. President, I the quorum call be rescinded. urge adoption of the amendment. The ica’s railways, how much he believed in The PRESIDING OFFICER. Without the importance of rail travel and what Moran amendment follows the philos- objection, it is so ordered. ophy of this farm bill of moving from it meant to keeping this Nation’s AMENDMENT NO. 987 transportation system competitive. direct subsidies to crop insurance. It is Mr. MORAN. Mr. President, I ask an important crop, and it is important Given all those accomplishments, it unanimous consent to temporarily set still would not adequately reflect the to make sure that we do have crop in- aside the pending amendment so that I surance tailored to alfalfa growers. gift of governing he gave this Nation in may call up my amendment No. 987, the 9,000 votes he cast in this Chamber. I urge colleagues to support the which is at the desk. amendment, and I ask for the yeas and Maybe not all of them made the head- The PRESIDING OFFICER. Without lines, but they made a difference for nays. objection, it is so ordered. The PRESIDING OFFICER. Is there a every American family. With each of The clerk will report. sufficient second? those votes, FRANK LAUTENBERG helped The assistant legislative clerk read There appears to be a sufficient sec- shape the history of America, and not as follows: ond. just for his time but for all generations The Senator from Kansas [Mr. MORAN] pro- The question is on agreeing to the to come. poses an amendment numbered 987. amendment. When I think of FRANK I also cer- Mr. MORAN. I ask unanimous con- The clerk will call the roll. tainly not only look back to the fact sent that the reading of the amend- The assistant legislative clerk called he was part of that ‘‘greatest genera- ment be dispensed with. the roll. tion’’ of World War II veterans, but I The PRESIDING OFFICER. Without Mr. DURBIN. I announce that the also think FRANK may have left us too objection, it is so ordered. Senator from California (Mrs. BOXER), soon at the age of 89 because he never The amendment is as follows: the Senator from Minnesota (Ms. KLO- missed a beat. He lived in the moment. (Purpose: To require the Federal Crop Insur- BUCHAR), and the Senator from Con- I remember about 3 years ago, in Janu- ance Corporation to carry out research and necticut (Mr. MURPHY) are necessarily ary, he and his wife Bonnie celebrated development regarding a crop insurance absent. his 86th birthday in what some might program for alfalfa) Mr. CORNYN. The following Senators say was an unusual way. FRANK wanted After section 11024, insert the following: are necessarily absent: The Senator to spend his birthday with his favorite SEC. 110ll. ALFALFA CROP INSURANCE POLICY. from Wisconsin (Mr. JOHNSON), the singer. He was a fan of Lady Gaga, and Section 522(c) of the Federal Crop Insur- Senator from Utah (Mr. LEE), the Sen- so to celebrate his birthday, he and ance Act (7 U.S.C. 1522(c)) (as amended by ator from Arizona (Mr. MCCAIN), the Bonnie went to Radio City Music Hall section 11024) is amended by adding at the Senator from Alaska (Ms. MURKOWSKI), end the following: for Lady Gaga’s Monster Ball Tour. the Senator from Alabama (Mr. SES- ‘‘(25) ALFALFA CROP INSURANCE POLICY.— No, FRANK was not yesterday’s news. SIONS), and the Senator from Louisiana ‘‘(A) IN GENERAL.—The Corporation shall He was always about today’s news, and offer to enter into 1 or more contracts with (Mr. VITTER). he lived in the moment. But that mo- qualified entities to carry out research and The PRESIDING OFFICER (Mr. DON- ment is gone now. We remember well, development regarding a policy to insure al- NELLY). Are there any other Senators and we were lucky to share that mo- falfa. in the Chamber desiring to vote?

VerDate Mar 15 2010 03:11 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.022 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3901 The result was announced—yeas 72, pilot project from the last farm bill to vehicles and headed to the danger. nays 18, as follows: test various options on food aid for They got into a boat, and they went to [Rollcall Vote No. 140 Leg.] hungry populations, how to do it faster a home of some victims who were YEAS—72 and more efficiently. stranded and very much in danger by The PRESIDING OFFICER. Under Alexander Fischer Merkley the floodwaters. Unfortunately, all Baldwin Franken Mikulski the previous order, there will be 2 min- four lost their lives in this terrible in- Barrasso Gillibrand Moran utes of debate equally divided prior to cident in Arkansas. Baucus Graham Murray a vote in relation to amendment No. Begich Grassley Nelson Arkansas game and fish wildlife offi- Bennet Hagan Portman 1079 offered by the Senator from Dela- cer Joel Campora and sheriff Cody Car- Blumenthal Harkin Pryor ware, Mr. COONS. penter of Scott County both drowned Blunt Hatch Reid Ms. STABENOW. Mr. President, I while assisting victims in this over- Boozman Heinrich Roberts would simply say that this is an Brown Heitkamp Rockefeller night flash flood near Y City, AR. In Burr Hirono Sanders amendment we are happy to accept on times of distress such as these, we Cantwell Hoeven Schatz behalf of Senator COONS, Senator should come together to help others, Cardin Inhofe Schumer JOHANNS, Senator DURBIN, Senator Carper Isakson Shaheen which is exactly what they were doing SAKSON EAHY Casey Johanns Stabenow I , and Senator L . It would as they sacrificed their lives for others. Chambliss Johnson (SD) Tester modestly increase the authorization They put others’ needs ahead of their Cochran Kaine Thune for the local and regional food procure- own because of their sense of duty and Collins King Udall (CO) ment program. I ask that we accept it Coons Landrieu Udall (NM) honor and their belief in helping their Cowan Leahy Warner on a voice vote. fellow man. Crapo Levin Warren I yield back the remaining time on Donnelly McCaskill Whitehouse both sides. In closing, I wish to commend these Enzi McConnell Wicker The PRESIDING OFFICER. All time men and offer condolences to their Feinstein Menendez Wyden is yielded back. The question is on families for their sacrifice. NAYS—18 agreeing to the amendment. I yield to my colleague from Arkan- Ayotte Durbin Reed The amendment (No. 1079) was agreed sas. Coats Flake Risch to. Coburn Heller Rubio The PRESIDING OFFICER. The Sen- Corker Kirk Scott The PRESIDING OFFICER. The Sen- ator from Arkansas. Cornyn Manchin Shelby ator from Oklahoma. Cruz Paul Toomey Mr. INHOFE. Mr. President, I ask Mr. BOOZMAN. Mr. President, I also wish to take a pause. It seems as NOT VOTING—9 that I be recorded as voting no on this though for the last several weeks on a Boxer Lee Murphy amendment. Johnson (WI) McCain Sessions The PRESIDING OFFICER. Without very regular basis storms have been Klobuchar Murkowski Vitter objection, it is so ordered. ravaging the country and different The amendment (No. 987) was agreed The Senator from Michigan. events have been occurring where we to. Ms. STABENOW. Have we completed have had cause to pause, and certainly Ms. STABENOW. Mr. President, I the vote? this tragedy that struck Arkansas is move to reconsider the vote, and I The PRESIDING OFFICER. Yes. one. So we would like for our col- move to lay that motion on the table. Ms. STABENOW. Mr. President, I see leagues to keep in their thoughts and The motion to lay on the table was colleagues who wish to speak. I wish to prayers those in western Arkansas who agreed to. thank colleagues for their diligence as have suffered this flood. we work through amendments on the As the Senator from Arkansas said, VOTE EXPLANATION farm bill. Our goal is to complete this ∑ six people lost their lives to the ter- Mrs. BOXER. Mr. President, I was by the end of the week. It is important unable to attend this roll call vote. rible storm that brought significant that we complete this jobs bill. Sixteen flooding to western Arkansas late last Had I been present, I would have voted million people work in agriculture and yea on the Moran amendment No. 974 week. Scott County sheriff Cody Car- are depending on it, and they are de- penter and wildlife officer Joel to require the Federal Crop Insurance pending on us to get it right, as we did Corporation to carry out research and Campora, two dedicated public serv- a year ago. So I look forward to work- ants, were among them. They gave development regarding a crop insur- ing with colleagues as we continue to ance program for alfalfa.∑ their lives while responding to a 9–1-1 work through the amendment process. call at a home in Y City. The two ar- The PRESIDING OFFICER. The Sen- I appreciate everybody’s hard work. ator from Michigan. rived at a home to help two female vic- The PRESIDING OFFICER. The Sen- tims trapped by the flooding. While AMENDMENT NO. 1079 ator from Arkansas. they were there, the house exploded, Ms. STABENOW. Mr. President, on HONORING JOEL CAMPORA AND CODY CARPENTER killing all four of them. Additionally, a behalf of Senator COONS and Senator Mr. PRYOR. Mr. President, Members Grant County man was killed when a JOHANNS—I am not sure if Senator of the Senate often come to the floor tree fell on him as a result of the JOHANNS is here—I wish to call up and talk about our men and women in storm. amendment No. 1079 on their behalf. uniform and their incredible bravery We intend to take this by voice vote These are people who are true heroes and the sacrifice they make for our not because of the way they died but this evening. country, and that is true. We certainly The PRESIDING OFFICER. The because of the way they lived their honor them and appreciate them for all lives. clerk will report. they do for our country as they serve The legislative clerk read as follows: us overseas. However, there are other Sheriff Carpenter was a leader who The Senator from Michigan [Ms. STABE- men and women in uniform who also was never content to sit behind the NOW], for Mr. COONS and Mr. JOHANNS, pro- serve our country by serving our citi- desk. He bravely put the safety of oth- poses an amendment numbered 1079. zens in our communities, and those are ers before his own to protect those in The amendment is as follows: our policemen and policewomen and harm’s way. He rose from a dispatcher (Purpose: To modify a provision relating to others in law enforcement as well as to deputy, chief deputy, and then fi- funding of local and regional food aid pro- first responders and others who wear a nally sheriff. He was a man of faith curement projects) uniform as well. who loved life, loved his family, loved On page 339, line 13, strike ‘‘$40,000,000’’ and I rise today to honor two heroes from his job, and loved the Lord. insert ‘‘$60,000,000’’. Arkansas. Last week we lost a sheriff Officer Campora began his law en- Ms. STABENOW. Mr. President, this and a game warden who were trying to forcement career in Mena, AR. In 2007 simply increases the authorization for help victims of a flood in our State. he became a wildlife officer for the Ar- the local and regional procurement These two first responders answered kansas Game and Fish Commission. program from $40 million per year to the call when there was an emergency, His desire to serve led him down this $60 million per year. It is based on a a dire situation. They jumped in their career path, but it also led him to serve

VerDate Mar 15 2010 02:20 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.002 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3902 CONGRESSIONAL RECORD — SENATE June 3, 2013 as a volunteer youth minister for the generation.’’ He wanted that for those The PRESIDING OFFICER. The Salem Baptist Church and Pencil Bluff who came behind him. clerk will call the roll. First Baptist Church. His desire to stand for the powerless The legislative clerk proceeded to Again, these were ordinary people is also why he championed legislation call the roll. doing extraordinary deeds. to protect families from gun violence, Ms. STABENOW. Mr. President, I ask Sheriff Carpenter left behind his wife why he stood to safeguard families unanimous consent that the order for Aime Beth and four children: Garren, against dangerous chemicals time and the quorum call be rescinded. Christian, Douglas, and Irelynn. Officer time again, and why he took on the The PRESIDING OFFICER. Without Campora left behind his wife Rebecca powerful to ban smoking on airplanes objection, it is so ordered. and two daughters: Dacie and Bethany. and to bring about tougher drunk driv- f Again, we would very much like ev- ing protections. eryone to remember these families and I personally will always remember MORNING BUSINESS keep them in their thoughts and pray- FRANK’s passion for transportation. He ers as time goes on. chaired the Transportation and Hous- Ms. STABENOW. Mr. President, I ask I yield the floor. ing and Urban Development Appropria- unanimous consent that the Senate The PRESIDING OFFICER. The Sen- tions Subcommittee before I did, and I proceed to a period of morning busi- ator from Washington. spent many years working with him to ness, with Senators permitted to speak Mrs. MURRAY. I ask unanimous con- make sure we funded the infrastructure therein for up to 10 minutes each. sent to speak as in morning business. The PRESIDING OFFICER. Without of this country—rail, highway, airline The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. safety issues. FRANK’s legacy really is that his di- f REMEMBERING FRANK R. LAUTENBERG rect work saved lives. He saved lives. Mrs. MURRAY. Mr. President, I come He helped to build transportation net- BERWICK, ME to the floor this evening with a very works that brought families, busi- sad heart to speak about one of our col- Ms. COLLINS. Mr. President. I rise nesses, and communities together. He leagues here in the Senate who gave today to commemorate the 300th anni- wanted a better life for families in tremendous service to his country and versary of the town of Berwick, ME. As America. He was a champion for the sadly passed away last night. the ninth incorporated town in Maine, underserved and underrepresented. RANK LAUTENBERG was a Berwick holds a very special place in Senator F How many times have I been on the true American. He earned a lot our State’s history, and one that exem- floor feeling like a lonely voice—fight- throughout his lifetime, but he came plifies the determination and resil- ing for women’s health care issues or here to the Senate floor to fight for all iency of Maine people. fighting for the protection of families of those people who didn’t have the While this landmark anniversary against hazardous chemicals or fight- ability to fight for themselves. He was marks Berwick’s incorporation, the ing for victims of domestic violence— here in the Senate with us just a few year 1713 was but one milestone in a and time and time again FRANK LAU- weeks ago even though he himself was long journey of progress. It is a journey TENBERG would come over here to stand that began thousands of years earlier battling an extremely difficult illness. beside and fight with me, no matter I think of FRANK LAUTENBERG as a with Native American villages on the man of tremendous determination, an what the time of day or the late hour banks of the Piscataqua and Salmon awful lot of grit, and someone who of the night, because that was his pas- Falls Rivers. In 1631, barely a decade really embodies the term ‘‘happy war- sion and his cause. after the Pilgrims landed at Plymouth He was a passionate public servant. rior.’’ He wanted to be here to fight for Rock, Ambrose Gibbens established a He was not afraid to fight and vote for those who didn’t have what he did. settlement at Quampeagan Falls and what he believed. He could never un- Throughout his career, that is exactly built the first sawmill in North Amer- derstand anyone who came here and what he did. ica. That manufacturing heritage has tried to figure out which way the winds FRANK lived the American dream. He remained strong in the three commu- was the son of poor immigrants, and he were blowing in order to take a vote. nities known today as The Berwicks, rose to become a chief executive of a FRANK came and was passionate about from the textile and iron works of the business that employed thousands of whom he cared for, and he did not care 18th century to the cutting-edge bio- people around the world. He personally about the political consequences. He technology and aerospace industries of did very well, but he was never satis- wanted to fight for the underserved. today. He loved the Senate. In fact, he loved Industry is only part of Berwick’s fied with just his own personal success. it so much that one tour of duty was He understood, as so many other great story. During the Revolutionary War, not enough and service called him the town provided two full companies Americans, that his success was based back, as I said. Up until just a few days on the opportunities this country af- to fight for America’s independence, ago, nothing could stop FRANK from forded him. So he chose over three dec- more than many towns of greater size. taking Amtrak down here to fight for ades to give back and to fight for peo- The courage and character dem- the issues he believed in and the people ple to make sure they had the opportu- onstrated by the townspeople in stand- of New Jersey whom he represented so nities he had. ing for liberty echo throughout Ber- He started his career in the Senate well. wick’s history. In the years before the FRANK LAUTENBERG gave everything Civil War, the many churches in town back in 1982. As many of us who served he had to public service, and those who were powerful voices for the abolition with him know, he decided to retire, served with him, as I was so fortunate of slavery. During that terrible con- but he was not happy in retirement. He to do, know it gave him all the satis- flict, more than 200 of Berwick’s young wanted to be here doing what he faction in the world. loved—being a Senator and fighting for He is going to be missed by all of us. men fought, and many died, so that all the people of his home State of New He will be missed for his determina- might live in freedom. The town’s Jersey and fighting for Americans all tion, for his passion, for always caring, honor roll of current military per- over to have the opportunities I just and for fighting for what was right for sonnel demonstrates an ongoing com- spoke about. He made it his mission to all the people in this country. mitment to our Nation’s founding prin- make sure the ladders that were there I just wish to say tonight that my ciples. for him were there for the generations thoughts and prayers are with Bonnie This anniversary is not just about that came behind him. and all of his family as they struggle something that is measured in calendar He was a proud World War II vet- with this loss but to know that his leg- years. It is about human accomplish- eran—in fact, the last this body will acy lives on in the safety and caring of ment. We celebrate the people who, for know. He fought for the post-9/11 GI so many families in this country for more than three centuries, have pulled bill because, as did my dad, who was whom he worked so passionately and together, cared for one another, and also a World War II veteran, he had hard. built a great community that is a won- used the GI bill after World War II. He Thank you. derful place to live, work, and raise knew it was the key to unlocking the I yield the floor. families. Thanks to those who came be- knowledge that powered the ‘‘greatest I suggest the absence of a quorum. fore, Berwick has a wonderful history.

VerDate Mar 15 2010 02:20 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.028 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3903 Thanks to those who are here today, it On May 8, 1969, David left for Viet- certain statutory requirements of the has a bright future. nam. Just 2 days later, David’s regi- Iran Freedom and Counter-Prolifera- f ment was assigned to Operation tion Act of 2012 (subtitle D of title XII Apache Snow and took part in the mis- of Public Law 112–239) (22 U.S.C. 8801 et ADDITIONAL STATEMENTS sion that became known as the Battle seq.) (IFCA), which amends the Com- of Hamburger Hill. This hard-fought of- prehensive Iran Sanctions, Account- TRIBUTE TO TERRY SCHOW fensive became the basis for several ability, and Divestment Act of 2010 movies and books about the Vietnam (Public Law 111–195) (22 U.S.C. 8501 et ∑ Mr. LEE. Mr. President, today I wish war. For over a week, American forces seq.) (CISADA). to recognize Terry Schow for his exem- attempted to take Hill 937. Seventy- In Executive Order 12957, the Presi- plary work in behalf of Veterans in the two American soldiers were killed in dent found that the actions and poli- State of Utah. the battle, and more than 300 were cies of the Government of Iran threat- Mr. Schow has provided a strong wounded. For its heroism, David’s bat- en the national security, foreign pol- voice and steady hand in fighting for talion was awarded the Presidential icy, and economy of the United States. the critical services our veterans need Unit Citation. To deal with that threat, the President and deserve. Three Utah Governors rec- After a 2-year tour in the military, declared a national emergency and im- ognized and tapped into his tremendous David returned to California, living posed prohibitions on certain trans- talent and unchallenged commitment there and in Iowa for many years. actions with respect to the develop- to our veterans. He was appointed as David moved back home to Miles City ment of Iranian petroleum resources. Director of the Utah Division of Vet- in 2000. To further respond to that threat, Ex- erans Affairs in October 2001 by Gov- Today, in our presence, it is my ecutive Order 12959 of May 6, 1995, im- ernor Michael O. Leavitt. Governor Jon honor to present David with his Presi- posed comprehensive trade and finan- M. Huntsman Jr. then appointed Mr. dential Unit Citation; Republic of Viet- cial sanctions on Iran. Executive Order Schow as Executive Director of the nam Gallantry Cross Unit Citation 13059 of August 19, 1997, consolidated Utah Department of Veterans Affairs with Palm Device and Republic of Viet- and clarified the previous orders. To and Governor W. Herbert named him to nam Civil Actions Honor Medal Unit take additional steps with respect to the same post. Citation, First Class. These decora- the national emergency declared in Ex- Terry Schow is a U.S. Army Veteran tions are small tokens, but they are ecutive Order 12957 and to implement who served in the 5th and 10th Special powerful symbols of true heroism, sac- section 105(a) of CISADA, I issued Ex- Forces Groups and the 25th Infantry rifice, and dedication to service. These ecutive Order 13553 on September 28, Division. He also served a tour of duty medals are presented on behalf of a 2010, to impose sanction on officials of in Southeast Asia. grateful nation.∑ the Government of Iran and other per- Mr. Schow has demonstrated through sons acting on behalf of the Govern- his long years of service what it means f ment of Iran determined to be respon- to honor the promises we make as a MESSAGES FROM THE PRESIDENT sible for or complicit in certain serious country to those who stand in harms Messages from the President of the human rights abuses. To take additional steps with respect way defending our freedom. He paid United States were communicated to to the threat posed by Iran and to pro- special attention to our veterans who the Senate by Mr. Pate, one of his sec- vide implementing authority for a suffer from mental and emotional chal- retaries. lenges and the troubling trend of sui- number of the sanctions set forth in cide among veterans. Terry Schow f the Iran Sanctions Act of 1996 (Public worked tirelessly to ensure we never EXECUTIVE MESSAGES REFERRED Law 104–172) (50 U.S.C. 1701 note) (ISA) as amended by CISADA, I issued Exec- lose a member of the military whether As in executive session the Presiding utive Order 13574 on May 23, 2011, to au- on the battlefield or long after they Officer laid before the Senate messages thorize the Secretary of the Treasury have left active duty. from the President of the United to implement certain sanctions im- Terry Schow’s efforts have improved States submitting sundry nominations posed by the Secretary of State pursu- the quality of life for countless Utah which were referred to the Committee ant to ISA, as amended by CISADA. I veterans through increased access to on Armed Services. also issued Executive Order 13590 on critical care and specialized services. I (The messages received today are November 20, 2011, to take additional thank Mr. Terry Schow for his extraor- printed at the end of the Senate pro- ∑ steps with respect to this emergency dinary impact on our veterans. ceedings.) f by authorizing the Secretary of State f to impose sanctions on persons pro- TRIBUTE TO DAVID MCCULLEN REPORT RELATIVE TO THE viding certain goods, services, tech- ∑ Mr. TESTER. Mr. President, today I ISSUANCE OF AN EXECUTIVE nology, or support that contribute ei- wish to honor David McCullen, a vet- ORDER TO TAKE ADDITIONAL ther to Iran’s development of petro- eran of the war in Vietnam. David, on STEPS WITH RESPECT TO THE leum resources or to Iran’s production behalf of all Montanans and all Ameri- NATIONAL EMERGENCY ORIGI- of petrochemicals, and to authorize the cans, I stand to say thank you for your NALLY DECLARED ON MARCH 15, Secretary of the Treasury to imple- service to this Nation. It is my honor 1995 IN EXECUTIVE ORDER 12957 ment some of those sanctions. On Feb- to share the story of David’s service be- WITH RESPECT TO IRAN—PM 11 ruary 5, 2012, in order to take further cause no story of heroism should ever steps pursuant to this emergency, and go unrecognized. The PRESIDING OFFICER laid be- to implement section 1245(c) of the Na- David was born in Miles City, MT, in fore the Senate the following message tional Defense Authorization Act for February of 1949. Soon after, his family from the President of the United Fiscal Year 2012 (Public Law 112–81) (22 moved to California, where he attended States, together with an accompanying U.S.C. 8513a), I issued Executive Order Asuza High School near Los Angeles. report; which was referred to the Com- 13599 blocking the property of the Gov- While in high school, David was a wres- mittee on Banking, Housing, and ernment of Iran, all Iranian financial tler, lettering in the sport his senior Urban Affairs: institutions, and persons determined to year. After graduating from high To the Congress of the United States: be owned or controlled by, or acting for school, David joined the famed 101st Pursuant to the International Emer- or on behalf of, such parties. On April Airborne Division—known as the gency Economic Powers Act (50 U.S.C. 22, 2012, and May 1, 2012, I issued Execu- Screaming Eagles—and began training 1701 et seq.) (IEEPA), I hereby report tive Orders 13606 and 13608, respec- at Fort Ord. that I have issued an Executive Order tively. Executive Orders 13606 and 13608 David then attended advanced indi- (the ‘‘order’’) that takes additional each take additional steps with respect vidual training at Fort Gordon and steps with respect to the national to various emergencies, including the jump school at Fort Benning—both in emergency declared in Executive Order emergency declared in Executive Order Georgia. 12957 of March 15, 1995, and implements 12957 concerning Iran, to address the

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Section 3 of the order authorizes the Government debt instruments; or agencies Secretary of the Treasury, in consulta- shall prevent the sanctioned person from To take additional steps with respect serving as an agent of the United States to the national emergency declared in tion with the Secretary of State, to im- Government or serving as a repository for Executive Order 12957, I issued Execu- pose financial sanctions on a foreign fi- United States Government funds; tive Order 13622 of July 30, 2012, impos- nancial institution determined to have agencies shall not procure, or enter into a ing further sanctions in light of the knowingly conducted or facilitated any contract for the procurement of, any goods Government of Iran’s use of revenues significant financial transaction: or services from the sanctioned person; the Secretary of State shall deny a visa to, from petroleum, petroleum products, on behalf of any Iranian person included on and the Secretary of Homeland Security the SDN List (other than an Iranian deposi- and petrochemicals for illicit purposes; shall exclude from the United States, any tory institution whose property and inter- Iran’s continued attempts to evade alien that the Secretary of State determines ests in property are blocked solely pursuant international sanctions through decep- is a corporate officer or principal of, or a to Executive Order 13599) or any other person tive practices; and the unacceptable shareholder with a controlling interest in, a included on the SDN List whose property risk posed to the international finan- sanctioned person; and interests in property are blocked pursu- the heads of the relevant agencies, as ap- cial system by Iran’s activities. ant to subsection 2(a)(i) of the order or Exec- Most recently, I issued Executive propriate, shall impose on the principal exec- utive Order 13599 (other than an Iranian de- utive officer or officers, or persons per- Order 13628 of October 9, 2012, to take pository institution whose property and in- additional steps with respect to the na- forming similar functions and with similar terests in property are blocked solely pursu- authorities, of a sanctioned person any of tional emergency declared in Executive ant to Executive Order 13599); or the sanctions described above, as selected by on or after the effective date of the order, Order 12957 and to implement certain the Secretary of State; statutory requirements of the Iran for the sale, supply, or transfer to Iran of sig- the Secretary of the Treasury shall take Threat Reduction and Syria Human nificant goods or services used in connection actions where necessary to: Rights Act of 2012 (Public Law 112–158) with the automotive sector of Iran. prohibit any United States financial insti- (22 U.S.C. 8701 et seq.) (TRA), including Section 5 of the order authorizes the tution from making loans or providing cred- Secretary of State, in consultation its to the sanctioned person totaling more its amendments to the statutory re- than $10,000,000 in any 12-month period, un- quirements of ISA and CISADA. with the Secretary of the Treasury, the Secretary of Commerce, the Secretary less such person is engaged in activities to With respect to the order that I have relieve human suffering and the loans or just issued, section 1 of the order au- of Homeland Security, and the United credits are provided for such activities; thorizes the Secretary of the Treasury, States Trade Representative, and with prohibit any transactions in foreign ex- in consultation with the Secretary of the President of the Export-Import change that are subject to the jurisdiction of State, to impose financial sanctions on Bank, the Chairman of the Board of the United States and in which the sanc- or to block all property and interests Governors of the Federal Reserve Sys- tioned person has any interest; prohibit any transfers of credit or pay- in property that are in the United tem, and other agencies and officials as appropriate, to impose sanctions on a ments between financial institutions or by, States, that come within the United through, or to any financial institution, to States, or that are or come within the person upon determining that the per- the extent that such transfers or payments possession or control of any United son: are subject to the jurisdiction of the United States person (including any foreign on or after the effective date of the order, States and involve any interest of the sanc- branch) of a foreign financial institu- knowingly engaged in a significant trans- tioned person; tion determined to have, on or after action for the sale, supply, or transfer to block all property and interests in prop- Iran of significant goods or services used in erty that are the in the United States, that the effective date of the order: connection with the automotive sector of come within the United States, or that are knowingly conducted or facilitated any Iran; or come within the possession or control of significant transaction related to the pur- is a successor entity to a person deter- any United States person, (including any for- chase or sale of Iranian rials or a derivative, mined to meet that criterion; eign branch) of the sanctioned person, and swap, future, forward, or other similar con- owns or controls a person determined to provide that such property and interests in tract whose value is based on the exchange meet that criterion, and had knowledge that property may not be transferred, paid, ex- rate of the Iranian rial; or the person engaged in the activities referred ported, withdrawn, or otherwise dealt in; maintained significant funds or accounts to therein; or prohibit any United States person from in- outside the territory of Iran denominated in is owned or controlled by, or under com- vesting in or purchasing significant amounts the Iranian rial. mon ownership or control with, a person de- of equity or debt instruments of a sanctioned Section 2 of the order authorizes the termined to meet that criterion, and know- person; Secretary of the Treasury, in consulta- ingly participated in the activities therein. restrict or prohibit imports of goods, tech- tion with the Secretary of State, to Sections 6 and 7 of the order provide nology, or services, directly or indirectly, block all property and interests in that, for persons determined to meet into the United States from the sanctioned person; or property that are in the United States, any of these criteria, the heads of the impose on the principal executive officer that come within the United States, or relevant agencies, in consultation with or officers, or persons performing similar that are or come within the possession the Secretary of State, shall imple- functions and with similar authorities, of a or contro1 of any United States person ment the sanctions imposed by the sanctioned person any of the sanctions de- (including any foreign branch) of any Secretary of State. Those sanctions scribed above, as appropriate. person upon determining: may include the following actions: Section 7 of the order also provides that the person has materially assisted, the Board of Directors of the Export-Im- that, when the Secretary of State or sponsored, or provided financial, material, or port Bank shall deny approval of the the Secretary of the Treasury pursuant technological support for, or goods or serv- issuance of any guarantee, insurance, exten- to authority delegated by the Presi- ices to or in support of, any Iranian person sion of credit, or participation in an exten- dent and in accordance with the terms included on the list of Specially Designated sion of credit in connection with the export of such delegation, has determined that Nationals and Blocked Persons maintained of any goods or services to the sanctioned sanctions shall be imposed on a person by the Office of Foreign Assets Control (SDN person; List) (other than an Iranian depository insti- agencies shall not issue any specific li- pursuant to section 1244(d)(1)(A), tution whose property and interests in prop- cense or grant any other specific permission 1245(a)(1), or 1246(a)(1) of IFCA (includ- erty are blocked solely pursuant to Execu- or authority under any statute that requires ing in each case as informed by section tive Order 13599) or any other person in- the prior review and approval of the United 1253(c)(2) of IFCA), such Secretary may cluded on the SDN List whose property and State Government as a condition for the ex- select one or more of the sanctions de- interests in property are blocked pursuant to port or reexport of goods or technology to scribed above for which the Secretary this paragraph or Executive Order 13599 the sanctioned person; of the Treasury shall take such action, for a sanctioned person that is a financial (other than an Iranian depository institution and the Secretary of the Treasury shall whose property and interests in property are institution: the Chairman of the Board of blocked solely pursuant to Executive Order Governors of the Federal Reserve System take actions where necessary to imple- l3599); or and the President of the Federal Reserve ment those sanctions. pursuant to authority delegated by the Bank of New York shall take such actions as Sections 8 and 11 of the order imple- President and in accordance with the terms they deem appropriate, including denying ment the statutory requirements of

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No. 113–38). the United States, that come within during the adjournment of the Senate, Report to accompany H.R. 678, a bill to au- the United States, or that are or come received a message from the House of thorize all Bureau of Reclamation conduit within the possession or control of any Representatives announcing that the facilities for hydropower development under United States person (including any Acting Speaker pro-tempore (Mr. Federal Reclamation law, and for other pur- foreign branch), and the Secretary of poses (Rept. No. 113–39). WOLF) has signed the following en- State to suspend entry into the United rolled bill: f States, of persons determined by the INTRODUCTION OF BILLS AND Secretary of the Treasury, in consulta- H.R. 258. An act to amend title 18, United States Code, with respect to fraudulent rep- JOINT RESOLUTIONS tion with or at the recommendation of resentations about having received military The following bills and joint resolu- the Secretary of State: decorations or medals. tions were introduced, read the first to have engaged, on or after January 2, Under the authority of the order of 2013, in corruption or other activities relat- and second times by unanimous con- ing to the diversion of goods, including agri- the Senate of January 3, 2013, the en- sent, and referred as indicated: rolled bill was signed on May 24, 2013, cultural commodities, food, medicine, and By Mr. UDALL of Colorado (for himself during the adjournment of the Senate, medical devices, intended for the people of and Ms. COLLINS): Iran; by the Acting President pro tempore S. 1084. A bill to amend the Energy Policy to have engaged, on or after January 2, (Mr. LEVIN). and Conservation Act to establish the Office 2013, in corruption or other activities relat- f of Energy Efficiency and Renewable Energy ing to the misappropriation of proceeds from as the lead Federal agency for coordinating the sale or resale of goods described above; MESSAGE FROM THE HOUSE Federal, State, and local assistance provided to have materially assisted, sponsored, or to promote the energy retrofitting of provided financial, material, or techno- At 2:09 p.m., a message from the schools; to the Committee on Energy and logical support for, or goods or services to or House of Representatives, delivered by Natural Resources. in support of, the activities described above Mrs. Cole, one of its reading clerks, an- By Ms. COLLINS (for herself and Mr. or any person whose property and interests nounced that the House has passed the in property are blocked pursuant to these CASEY): following bill, in which it requests the S. 1085. A bill to amend the Internal Rev- provisions; or concurrence of the Senate: to be owned or controlled by, or to have enue Code of 1986 to provide tax incentives acted or purported to act for or on behalf of, H.R. 1911. An act to amend the Higher Edu- for small businesses; to the Committee on directly or indirectly, any person whose cation Act of 1965 to establish interest rates Finance. property and interests in property are for new loans made on or after July 1, 2013, By Ms. MIKULSKI (for herself, Mr. blocked pursuant to these provisions. to direct the Secretary of Education to con- BURR, Mr. HARKIN, and Mr. ALEX- ANDER): I have delegated to the Secretary of vene the Advisory Committee on Improving Postsecondary Education Data to conduct a S. 1086. A bill to reauthorize and improve the Treasury the authority, in con- study on improvements to postsecondary the Child Care and Development Block Grant sultation with the Secretary of State, education transparency at the Federal level, Act of 1990, and for other purposes; to the to take such actions, including the pro- and for other purposes. Committee on Health, Education, Labor, and mulgation of rules and regulations, and f Pensions. to employ all powers granted to the f President by IEEPA, as may be nec- MEASURES PLACED ON THE ADDITIONAL COSPONSORS essary to carry out the purposes of the CALENDAR order, other than the purposes de- The following bills were read the sec- S. 162 scribed in sections 5, 6, and 11 of the ond time, and placed on the calendar: At the request of Mr. FRANKEN, the order. All agencies of the United States H.R. 3. An act to approve the construction, name of the Senator from Idaho (Mr. Government are directed to take all operation, and maintenance of the Keystone CRAPO) was added as a cosponsor of S. appropriate measures within their au- XL pipeline, and for other purposes. 162, a bill to reauthorize and improve thority to carry out the provisions of H.R. 271. An act to clarify that compliance the Mentally Ill Offender Treatment the order. with an emergency order under section 202(c) and Crime Reduction Act of 2004. of the Federal Power Act may not be consid- The order, a copy of which is en- S. 186 ered a violation of any Federal, State, or closed, becomes effective at 12:01 a.m. local environmental law or regulation, and At the request of Mr. SHELBY, the eastern daylight time on July 1, 2013. for other purposes. name of the Senator from Michigan BARACK OBAMA. f (Mr. LEVIN) was added as a cosponsor of THE WHITE HOUSE, June 3, 2013. S. 186, a bill to award posthumously a f REPORTS OF COMMITTEES DURING Congressional Gold Medal to Addie ADJOURNMENT MESSAGE FROM THE HOUSE Mae Collins, Denise McNair, Carole RECEIVED DURING ADJOURNMENT The following reports of committees Robertson, and Cynthia Wesley, in rec- were submitted: ognition of the 50th anniversary of the Under the authority of the order of bombing of the Sixteenth Street Bap- the Senate of January 3, 2013, the Sec- By Mr. LEAHY, from the Committee on the Judiciary, with an amendment in the na- tist Church, where the 4 little Black retary of the Senate, on May 24, 2013, ture of a substitute: girls lost their lives, which served as a during the adjournment of the Senate, S. 744. A bill to provide for comprehensive catalyst for the Civil Rights Move- received a message from the House of immigration reform and for other purposes. ment. Representatives announcing that the f House has agreed to the following con- S. 346 current resolution, without amend- REPORTS OF COMMITTEES At the request of Mr. TESTER, the ment: The following reports of committees name of the Senator from South Da- S. Con. Res. 17. Concurrent resolution pro- were submitted: kota (Mr. JOHNSON) was added as a co- sponsor of S. 346, a bill to amend title viding for a conditional adjournment or re- By Mr. WYDEN, from the Committee on cess of the Senate and an adjournment of the Energy and Natural Resources: 10, United States Code, to permit vet- House of Representatives. Report to accompany S. 306, a bill to au- erans who have a service-connected, The message further announced that thorize all Bureau of Reclamation conduit permanent disability rated as total to pursuant to the National Foundation facilities for hydropower development under travel on military aircraft in the same of the Arts and Humanities Act of 1965 Federal Reclamation law, and for other pur- manner and to the same extent as re- (20 U.S.C. 955(b) note), the Minority poses (Rept. No. 113–35). tired members of the Armed Forces en- Report to accompany S. 545, a bill to im- titled to such travel. Leader re-appoints the following Mem- prove hydropower, and for other purposes ber of the House of Representatives to (Rept. No. 113–36). S. 403 the National Council of the Arts: Ms. Report to accompany S. 761, a bill to pro- At the request of Mr. CASEY, the BETTY MCCOLLUM of Minnesota. mote energy savings in residential and com- names of the Senator from New York

VerDate Mar 15 2010 02:18 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.026 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3906 CONGRESSIONAL RECORD — SENATE June 3, 2013 (Mrs. GILLIBRAND), the Senator from of receipt of outpatient observation S. 783 Ohio (Mr. BROWN), the Senator from services in a hospital toward satisfying At the request of Mr. HEINRICH, his Massachusetts (Mr. COWAN), the Sen- the 3-day inpatient hospital require- name was added as a cosponsor of S. ator from Iowa (Mr. HARKIN), the Sen- ment for coverage of skilled nursing fa- 783, a bill to amend the Helium Act to ator from Washington (Mrs. MURRAY), cility services under Medicare. improve helium stewardship, and for the Senator from Minnesota (Mr. S. 600 other purposes. FRANKEN), and the Senator from Wis- At the request of Mr. GRASSLEY, the S. 789 consin (Ms. BALDWIN) were added as co- name of the Senator from Vermont At the request of Mr. BAUCUS, the sponsors of S. 403, a bill to amend the (Mr. SANDERS) was added as a cospon- name of the Senator from Arkansas Elementary and Secondary Education sor of S. 600, a bill to amend the Immi- (Mr. BOOZMAN) was added as a cospon- Act of 1965 to address and take action gration and Nationality Act to reform sor of S. 789, a bill to grant the Con- to prevent bullying and harassment of and reduce fraud and abuse in certain gressional Gold Medal, collectively, to students. visa programs for aliens working tem- the First Special Service Force, in rec- S. 420 porarily in the United States, and for ognition of its superior service during At the request of Mr. ENZI, the names other purposes. World War II. of the Senator from Delaware (Mr. S. 602 S. 815 COONS), the Senator from New Mexico At the request of Mr. TESTER, the At the request of Mr. MERKLEY, the (Mr. UDALL), and the Senator from name of the Senator from Arkansas name of the Senator from Maine (Mr. Alaska (Mr. BEGICH) were added as co- (Mr. BOOZMAN) was added as a cospon- KING) was added as a cosponsor of S. sponsors of S. 420, a bill to amend the sor of S. 602, a bill to amend the Public 815, a bill to prohibit the employment Internal Revenue Code of 1986 to pro- Health Service Act to provide for the discrimination on the basis of sexual vide for the logical flow of return infor- participation of physical therapists in orientation or gender identity. mation between partnerships, corpora- the National Health Service Corps S. 829 Loan Repayment Program, and for tions, trusts, estates, and individuals At the request of Mrs. HAGAN, the to better enable each party to submit other purposes. names of the Senator from Minnesota S. 674 timely, accurate returns and reduce (Mr. FRANKEN) and the Senator from the need for extended and amended re- At the request of Mr. HELLER, the Maryland (Mr. CARDIN) were added as turns, to provide for modified due dates names of the Senator from Alaska (Ms. cosponsors of S. 829, a bill to improve by regulation, and to conform the MURKOWSKI) and the Senator from the financial literacy of students. automatic corporate extension period Utah (Mr. LEE) were added as cospon- S. 842 to longstanding regulatory rule. sors of S. 674, a bill to require prompt At the request of Mr. SCHUMER, the responses from the heads of covered S. 460 name of the Senator from Vermont Federal agencies when the Secretary of At the request of Mr. HARKIN, the (Mr. LEAHY) was added as a cosponsor Veterans Affairs requests information name of the Senator from Hawaii (Mr. of S. 842, a bill to amend title XVIII of necessary to adjudicate claims for ben- SCHATZ) was added as a cosponsor of S. the Social Security Act to provide for efits under laws administered by the 460, a bill to provide for an increase in an extension of the Medicare-depend- Secretary, and for other purposes. the Federal minimum wage. ent hospital (MDH) program and the S. 682 S. 470 increased payments under the Medicare At the request of Mr. COBURN, the At the request of Mr. JOHANNS, his low-volume hospital program. name of the Senator from Nevada (Mr. name was added as a cosponsor of S. S. 864 470, a bill to amend title 10, United HELLER) was added as a cosponsor of S. 682, a bill to amend the Higher Edu- At the request of Mr. WICKER, the States Code, to require that the Purple name of the Senator from Michigan Heart occupy a position of precedence cation Act of 1965 to reset interest rates for new student loans. (Mr. LEVIN) was added as a cosponsor of above the new Distinguished Warfare S. 864, a bill to amend the Safe Drink- S. 700 Medal. ing Water Act to reauthorize technical At the request of Mr. KAINE, the S. 501 names of the Senator from Utah (Mr. assistance to small public water sys- At the request of Mr. SCHUMER, the tems, and for other purposes. HATCH) and the Senator from Massa- name of the Senator from Wisconsin chusetts (Mr. COWAN) were added as co- S. 871 (Ms. BALDWIN) was added as a cospon- sponsors of S. 700, a bill to ensure that At the request of Mrs. MURRAY, the sor of S. 501, a bill to amend the Inter- the education and training provided names of the Senator from Nevada (Mr. nal Revenue Code of 1986 to extend and members of the Armed Forces and vet- HELLER), the Senator from South Da- increase the exclusion for benefits pro- erans better assists members and vet- kota (Mr. THUNE), the Senator from vided to volunteer firefighters and erans in obtaining civilian certifi- West Virginia (Mr. ROCKEFELLER), the emergency medical responders. cations and licenses, and for other pur- Senator from South Dakota (Mr. JOHN- S. 506 poses. SON), the Senator from Alaska (Mr. At the request of Ms. COLLINS, the S. 734 BEGICH) and the Senator from North name of the Senator from Wisconsin At the request of Mr. NELSON, the Carolina (Mrs. HAGAN) were added as (Ms. BALDWIN) was added as a cospon- name of the Senator from Kansas (Mr. cosponsors of S. 871, a bill to amend sor of S. 506, a bill to amend the Inter- MORAN) was added as a cosponsor of S. title 10, United States Code, to enhance nal Revenue Code of 1986 to provide re- 734, a bill to amend title 10, United assistance for victims of sexual assault cruitment and retention incentives for States Code, to repeal the requirement committed by members of the Armed volunteer emergency service workers. for reduction of survivor annuities Forces, and for other purposes. S. 534 under the Survivor Benefit Plan by S. 878 At the request of Mr. TESTER, the veterans’ dependency and indemnity At the request of Mr. FRANKEN, the name of the Senator from New Hamp- compensation. names of the Senator from Pennsyl- shire (Ms. AYOTTE) was added as a co- S. 749 vania (Mr. CASEY) and the Senator sponsor of S. 534, a bill to reform the At the request of Mr. CASEY, the from Oregon (Mr. MERKLEY) were added National Association of Registered name of the Senator from North Caro- as cosponsors of S. 878, a bill to amend Agents and Brokers, and for other pur- lina (Mr. BURR) was added as a cospon- title 9 of the United States Code with poses. sor of S. 749, a bill to amend the Inter- respect to arbitration. S. 569 nal Revenue Code of 1986 to perma- S. 886 At the request of Mr. BROWN, the nently extend the 15-year recovery pe- At the request of Mr. LEE, the name name of the Senator from Maine (Ms. riod for qualified leasehold improve- of the Senator from South Dakota (Mr. COLLINS) was added as a cosponsor of S. ment property, qualified restaurant THUNE) was added as a cosponsor of S. 569, a bill to amend title XVIII of the property, and qualified retail improve- 886, a bill to amend title 18, United Social Security Act to count a period ment property. States Code, to protect pain-capable

VerDate Mar 15 2010 02:18 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.017 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3907 unborn children in the District of Co- S. 967 S. Res. 154, a resolution supporting po- lumbia, and for other purposes. At the request of Mrs. GILLIBRAND, litical reform in Iran and for other pur- S. 896 the names of the Senator from Dela- poses. At the request of Mr. BEGICH, the ware (Mr. CARPER) and the Senator AMENDMENT NO. 966 name of the Senator from Alaska (Ms. from South Dakota (Mr. JOHNSON) were At the request of Mr. FRANKEN, the MURKOWSKI) was added as a cosponsor added as cosponsors of S. 967, a bill to name of the Senator from Minnesota of S. 896, a bill to amend title II of the amend title 10, United States Code, to (Ms. KLOBUCHAR) was added as a co- Social Security Act to repeal the Gov- modify various authorities relating to sponsor of amendment No. 966 intended ernment pension offset and windfall procedures for courts-martial under to be proposed to S. 954, an original bill elimination provisions. the Uniform Code of Military Justice, to reauthorize agricultural programs through 2018. S. 897 and for other purposes. AMENDMENT NO. 1027 At the request of Ms. WARREN, the S. 980 At the request of Mr. MENENDEZ, the At the request of Mr. HEINRICH, his names of the Senator from Connecticut name was added as a cosponsor of (Mr. BLUMENTHAL) and the Senator name of the Senator from South Da- kota (Mr. JOHNSON) was added as a co- amendment No. 1027 intended to be pro- from Minnesota (Mr. FRANKEN) were posed to S. 954, an original bill to reau- added as cosponsors of S. 897, a bill to sponsor of S. 980, a bill to provide for enhanced embassy security, and for thorize agricultural programs through prevent the doubling of the interest 2018. rate for Federal subsidized student other purposes. AMENDMENT NO. 1077 loans for the 2013–2014 academic year S. 987 At the request of Mr. HEINRICH, the by providing funds for such loans At the request of Mr. SCHUMER, the name of the Senator from Montana through the Federal Reserve System, names of the Senator from Wisconsin (Mr. BAUCUS) was added as a cosponsor to ensure that such loans are available (Ms. BALDWIN), the Senator from Con- of amendment No. 1077 intended to be at interest rates that are equivalent to necticut (Mr. BLUMENTHAL) and the proposed to S. 954, an original bill to the interest rates at which the Federal Senator from Missouri (Mr. BLUNT) reauthorize agricultural programs Government provides loans to banks were added as cosponsors of S. 987, a through 2018. through the discount window operated bill to maintain the free flow of infor- AMENDMENT NO. 1079 by the Federal Reserve System, and for mation to the public by providing con- At the request of Mr. COONS, the other purposes. ditions for the federally compelled dis- name of the Senator from Georgia (Mr. S. 950 closure of information by certain per- ISAKSON) was added as a cosponsor of At the request of Mr. PAUL, his name sons connected with the news media. amendment No. 1079 proposed to S. 954, was added as a cosponsor of S. 950, a S. 1003 an original bill to reauthorize agricul- bill to amend the Controlled Sub- At the request of Mr. COBURN, the tural programs through 2018. stances Act to allow a veterinarian to name of the Senator from Nevada (Mr. AMENDMENT NO. 1082 transport and dispense controlled sub- HELLER) was added as a cosponsor of S. At the request of Mr. FLAKE, the stances in the usual course of veteri- 1003, a bill to amend the Higher Edu- name of the Senator from South Da- nary practice outside of the registered cation Act of 1965 to reset interest kota (Mr. JOHNSON) was added as a co- location. rates for new student loans. sponsor of amendment No. 1082 in- S. 953 S. 1032 tended to be proposed to S. 954, an At the request of Mr. REED, the name At the request of Mrs. MCCASKILL, original bill to reauthorize agricultural of the Senator from Connecticut (Mr. the name of the Senator from North programs through 2018. BLUMENTHAL) was added as a cosponsor Carolina (Mrs. HAGAN) was added as a AMENDMENT NO. 1096 of S. 953, a bill to amend the Higher cosponsor of S. 1032, a bill to amend At the request of Mr. INHOFE, the Education Act of 1965 to extend the re- title 10, United States Code, to make name of the Senator from Alabama duced interest rate for undergraduate certain improvements in the Uniform (Mr. SESSIONS) was added as a cospon- Federal Direct Stafford Loans, to mod- Code of Military Justice related to sex- sor of amendment No. 1096 intended to ify required distribution rules for pen- related offenses committed by mem- be proposed to S. 954, an original bill to sion plans, to limit earnings stripping bers of the Armed Forces, and for other reauthorize agricultural programs by expatriated entities, to provide for purposes. through 2018. AMENDMENT NO. 1099 modifications related to the Oil Spill S. CON. RES. 15 At the request of Mr. BEGICH, the Liability Trust Fund, and for other At the request of Mr. HARKIN, the name of the Senator from Alaska (Ms. purposes. name of the Senator from Vermont MURKOWSKI) was added as a cosponsor S. 963 (Mr. LEAHY) was added as a cosponsor of amendment No. 1099 intended to be At the request of Mr. COBURN, the of S. Con. Res. 15, a concurrent resolu- proposed to S. 954, an original bill to name of the Senator from Wyoming tion expressing the sense of Congress reauthorize agricultural programs (Mr. ENZI) was added as a cosponsor of that the Chained Consumer Price Index through 2018. S. 963, a bill preventing an unrealistic should not be used to calculate cost-of- AMENDMENT NO. 1102 future Medicaid augmentation plan. living adjustments for Social Security At the request of Mr. JOHANNS, the or veterans benefits, or to increase the S. 964 names of the Senator from Kansas (Mr. tax burden on low- and middle-income At the request of Mrs. MCCASKILL, ROBERTS), the Senator from South Da- taxpayers. the name of the Senator from West kota (Mr. THUNE) and the Senator from S. RES. 75 Virginia (Mr. ROCKEFELLER) was added Iowa (Mr. GRASSLEY) were added as co- as a cosponsor of S. 964, a bill to re- At the request of Mr. KIRK, the sponsors of amendment No. 1102 in- quire a comprehensive review of the names of the Senator from Oregon (Mr. tended to be proposed to S. 954, an adequacy of the training, qualifica- MERKLEY), the Senator from Vermont original bill to reauthorize agricultural tions, and experience of the Depart- (Mr. LEAHY) and the Senator from programs through 2018. ment of Defense personnel responsible Maine (Ms. COLLINS) were added as co- AMENDMENT NO. 1115 for sexual assault prevention and re- sponsors of S. Res. 75, a resolution con- At the request of Mr. BEGICH, the sponse for the Armed Forces, and for demning the Government of Iran for its name of the Senator from Colorado other purposes. state-sponsored persecution of its (Mr. UDALL) was added as a cosponsor S. 965 Baha’i minority and its continued vio- of amendment No. 1115 intended to be At the request of Mr. INHOFE, the lation of the International Covenants proposed to S. 954, an original bill to name of the Senator from Kansas (Mr. on Human Rights. reauthorize agricultural programs ROBERTS) was added as a cosponsor of S. RES. 154 through 2018. S. 965, a bill to eliminate oil exports At the request of Mr. HOEVEN, the AMENDMENT NO. 1120 from Iran by expanding domestic pro- name of the Senator from Georgia (Mr. At the request of Mr. JOHANNS, the duction. CHAMBLISS) was added as a cosponsor of names of the Senator from Kansas (Mr.

VerDate Mar 15 2010 02:18 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.018 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3908 CONGRESSIONAL RECORD — SENATE June 3, 2013 ROBERTS), the Senator from South Da- deduction under section 179 at $250,000, Mr. President, I ask unanimous con- kota (Mr. THUNE) and the Senator from indexed for inflation, and ensures that sent that a letter of support be printed Iowa (Mr. GRASSLEY) were added as co- only small businesses can take advan- in the RECORD. sponsors of amendment No. 1120 in- tage of the benefit because it phases There being no objection, the mate- tended to be proposed to S. 954, an out as acquisitions exceed $800,000. rial was ordered to be printed in the original bill to reauthorize agricultural The Small Business Tax Certainty RECORD, as follows: programs through 2018. and Growth Act of 2013 also allows NATIONAL FEDERATION OF AMENDMENT NO. 1130 more companies to use the intuitive INDEPENDENT BUSINESS, At the request of Mr. BOOZMAN, the cash method of accounting by perma- Washington, DC, June 3, 2013. name of the Senator from Alabama nently doubling the threshold at which Hon. SUSAN COLLINS, U.S. Senate, Dirksen Senate Office Building, (Mr. SESSIONS) was added as a cospon- the more complex accrual method is Washington, DC. sor of amendment No. 1130 intended to required, from $5 million in gross re- ceipts to $10 million. This includes an DEAR SENATOR COLLINS: On behalf of the be proposed to S. 954, an original bill to National Federation of Independent Business reauthorize agricultural programs expansion in the ability of small busi- (NFIB), the nation’s leading small business through 2018. nesses to use simplified methods of ac- advocacy organization, I am writing in sup- f counting for inventories. port of the Small Business Tax Certainty The bill also eases the tax burden on and Growth Act of 2013, which provides per- STATEMENTS ON INTRODUCED new businesses by permanently dou- manency and certainty to small businesses BILLS AND JOINT RESOLUTIONS bling the deduction for start-up ex- regarding several tax provisions including By Ms. COLLINS (for herself and penses from $5,000 to $10,000. Like sec- Section 179, cash accounting, and deductions for startup and organizational expenses. Mr. CASEY): tion 179, this benefit is limited to small businesses, and the deduction phases The most important source of financing for S. 1085. A bill to amend the Internal small business is their earnings, i.e. cash Revenue Code of 1986 to provide tax in- out for expenses exceeding $60,000. flow, which is closely tied to a small busi- centives for small businesses; to the The Small Business Tax Certainty ness’ overall tax burden. In NFIB Research Committee on Finance. and Growth Act of 2013 extends for one Foundation’s Problems and Priorities, five of Ms. COLLINS. Mr. President, I rise year provisions which provide benefits the top ten small business concerns are tax to speak about legislation, the Small to businesses large and small—so- related. The preservation of cash flow is a Business Tax Certainty and Growth called ‘‘bonus depreciation’’ and 15- key element for small businesses as Congress Act of 2013, which I introduced today year depreciation for improvements considers comprehensive tax reform. along with my friend and colleague, with respect to restaurants, retail fa- Cost recovery for capital investments is cilities, and leaseholds. Although per- closely tied to a small business’ effective tax Senator CASEY. rate and its ability to manage cash flow. Small businesses are our Nation’s job manence is important, I believe that Section 179 expensing—especially with the creators. Firms with fewer than 500 tax provisions that affect businesses of inclusion of real property—provides small employees generate about 50 percent of all sizes should be debated and ad- businesses with an immediate source of cap- our Nation’s GDP, account for more dressed in the context of comprehen- ital recovery and improved cash flow. We ap- than 99 percent of employers and em- sive, pro-growth tax reform, which I preciate you including this in your legisla- ploy nearly half of all workers. Accord- urge the Senate to undertake. tion. Additionally, small businesses would ing to the Bureau of Labor Statistics, The provisions in the Small Business benefit from an expanded ability to use cash firms with fewer than 500 employees Tax Certainty and Growth Act of 2013 accounting for tax purposes. Permitting would make a real difference in our Na- more business entities with higher gross re- accounted for 65 percent of the new ceipts to use cash accounting helps small jobs created from 1993 to 2009. tion’s small businesses’ ability to sur- businesses to manage cash flow because it Even the smallest firms have a huge vive and thrive. I recently spoke with better reflects the business owner’s ability effect on our economy. Small Business Rob Tod, the founder of Allagash Brew- to pay taxes. We appreciate you including Administration data indicate that ing Company, which is based in Port- both of these provisions in your bill. businesses with fewer than 20 employ- land, ME. Allagash makes some of the Thank you for introducing this important ees accounted for 18 percent of all pri- best craft beer in the country. It start- legislation, and we look forward to working vate sector jobs in 2010. ed as a one-man operation in 1995. In with you to provide for permanent small The Small Business Tax Certainty the 18 years since, it has grown into a business tax incentives as the 113th Congress moves forward. and Growth Act of 2013 allows small firm that employs approximately 65 Sincerely, businesses to plan for capital invest- people and distributes craft beer SUSAN ECKERLY, ments that are vital to expansion and throughout the United States. Rob Senior Vice President, job creation. Our bill eases complex ac- noted that his company’s expansion Public Policy. counting rules for the smallest busi- was fueled in part by bonus deprecia- nesses, and it reduces the tax burden tion and section 179 expensing. New to By Ms. MIKULSKI (for herself, on newly formed ventures. the craft beer business, Rob had dif- Mr. BURR, Mr. HARKIN, and Mr. Recent studies by the National Fed- ficulty obtaining financing on favor- ALEXANDER): eration of Independent Business, NFIB, able terms. But these cost recovery S. 1086. A bill to reauthorize and im- indicate that taxes are the number one provisions allowed Rob to pay less in prove the Child Care and Development concern of small business owners, and taxes in the years he acquired the Block Grant Act of 1990, and for other that constant change in the tax code is equipment needed to expand his busi- purposes; to the Committee on Health, among their chief concerns. A key fea- ness. Those tax savings were then rein- Education, Labor, and Pensions. ture of this bill is that it provides the vested in his business, thus creating Ms. MIKULSKI. Mr. President, I rise certainty small businesses need to cre- jobs. This economic benefit is multi- today to introduce the Child Care and ate and implement long-term capital plied when you consider the effect of Development Block Grant Act of 2013, investment plans, which are vital to Allagash’s investment on the equip- along with Senators BURR, HARKIN, and growth. For example, section 179 of the ment manufacturers, the transpor- ALEXANDER. Internal Revenue Code allows small tation companies needed to haul new For the past year, our offices have businesses to deduct the cost of ac- equipment to his brewery, the in- worked on a bipartisan basis to draft a quired assets more rapidly. The creased inventory in his brewery, and comprehensive reauthorization of the amount of the maximum allowable de- the suppliers of the materials needed to Child Care Development Block Grant, duction has changed three times in the brew additional beer. CCDBG, a program that helps low- and past 6 years, and is usually addressed In light of the positive effects this moderate-income working families ac- as a year-end ‘‘extender,’’ making this bill would have on small businesses and cess and afford child care. This pro- tax benefit unpredictable from year to our economy, I urge my colleagues to gram helps working parents keep work- year, and therefore difficult for small support the Small Business Tax Cer- ing, it helps parents who are in school businesses to take full advantage of in tainty and Growth Act of 2013. This bill stay in school, and it is supposed to en- their long-range planning. Our bill per- has been endorsed by the NFIB, an im- sure that children are in safe environ- manently sets the maximum allowable portant voice for small business. ments that support their physical,

VerDate Mar 15 2010 03:11 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.019 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3909 emotional, and cognitive development. requirements related to prevention and SA 1145. Mr. BEGICH submitted an amend- It is a vital program and its reauthor- control of infectious diseases, first aid ment intended to be proposed by him to the ization is of the utmost importance. and CPR, child abuse prevention, ad- bill S. 954, supra; which was ordered to lie on We did not draft this reauthorization ministration of medication, prevention the table. SA 1146. Mr. BENNET (for himself and Mr. in a vacuum. We held three public of and response to emergencies due to ENZI) submitted an amendment intended to hearings in the Subcommittee on Chil- food allergies, prevention of sudden in- be proposed by him to the bill S. 954, supra; dren and Families, and we worked fant death syndrome and shaken baby which was ordered to lie on the table. closely with all members, Democrat syndrome, building and physical prem- SA 1147. Mr. PRYOR (for himself and Mr. and Republican, of the Senate Health, ises safety, and emergency response HOEVEN) submitted an amendment intended Education, Labor, and Pensions Com- planning. to be proposed by him to the bill S. 954, mittee. We also asked for input and Our bill gives families more stability supra; which was ordered to lie on the table. recommendations from folks on the in the CCDBG program. It ensures that SA 1148. Mr. COWAN (for himself and Mr. ground since we know that parents, children in the program can get care PORTMAN) submitted an amendment intended child care providers, and early learning for at least a year, even if their parent to be proposed by him to the bill S. 954, supra; which was ordered to lie on the table. and developmental experts, know best sees a change in their working status SA 1149. Mr. SCHATZ submitted an amend- how this program works and how it can or income. ment intended to be proposed by him to the be improved. It is my hope that the bill Our bill works to improve early bill S. 954, supra; which was ordered to lie on we’re introducing today represents all childhood care by requiring States to the table. of the good ideas that have been spend a certain portion of their funding SA 1150. Mr. SCHATZ (for himself and Ms. brought to us throughout this process. on infant and toddler quality initia- HIRONO) submitted an amendment intended It is noteworthy that the CCDBG pro- tives. The bill requires States to de- to be proposed by him to the bill S. 954, gram has not been reauthorized since velop and implement plans to increase supra; which was ordered to lie on the table. SA 1151. Ms. COLLINS (for herself, Mr. 1996. The last time we reauthorized the supply and quality of care for in- UDALL of Colorado, Mr. RISCH, Mr. KING, and CCDBG was during welfare reform. At fants and toddlers, as well as children Mr. CRAPO) submitted an amendment in- that time, the program was envisioned with disabilities and children receiving tended to be proposed by her to the bill S. solely as a workforce aid—something care during non-traditional work 954, supra; which was ordered to lie on the to help moms and dads get back to hours. table. work or school. This was, and remains, And our bill requires mandatory SA 1152. Mr. COBURN (for himself and Mr. an important goal, but we have learned background checks for child care pro- HARKIN) submitted an amendment intended a lot since 1996. We know that child viders in the CCDBG program. to be proposed by him to the bill S. 954, care can, and should, be constructed in At the outset, I would like to say supra; which was ordered to lie on the table. such a way that benefits both the par- that most child care providers I have SA 1153. Mr. WYDEN submitted an amend- ment intended to be proposed by him to the ent and the child: it should allow par- met and spoken with are wonderful, bill S. 954, supra; which was ordered to lie on ents to go to work or school, but it caring people committed to ensuring the table. should also give kids the building that the children in their care are safe SA 1154. Ms. STABENOW (for Mr. WYDEN) blocks to be successful in their lives. and happy. This proposal is not meant proposed an amendment to the bill H.R. 588, What we know today, that we didn’t to insinuate anything negative about to provide for donor contribution acknowl- 17 years ago, is that the most rapid pe- our child care workforce. edgments to be displayed at the Vietnam riod of development for the brain hap- Instead, it is simply meant to ensure Veterans Memorial Visitor Center, and for pens in the first 5 years of life. That is that we are doing our due diligence to other purposes. why it is so imperative that we ensure SA 1155. Mr. FRANKEN submitted an ensure that the adults entrusted with amendment intended to be proposed by him our children are in high-quality child our children’s day-to-day care are not to the bill S. 954, to reauthorize agricultural care programs. While important, it is murderers, child molesters, kidnap- programs through 2018; which was ordered to not enough to simply ensure that kids pers, arsonists, drug dealers, or rapists. lie on the table. have someplace to go. We must also en- Background checks are required for f sure that they go someplace that is many jobs and I believe they should be safe, that nurtures their development, required for child care providers. TEXT OF AMENDMENTS that challenges their mind, and that Every working parent with children, SA 1144. Mr. MORAN (for himself and prepares them for school. no matter their income level, worries Mr. KING) submitted an amendment in- The current program is outdated. It about child care. What’s affordable? tended to be proposed by him to the does not go far enough in promoting What’s accessible? Will my child be bill S. 954, to reauthorize agricultural and supporting high-quality child care safe? Where can I get the very best care programs through 2018; which was or- programs. It does not do enough to for my kid? The CCDBG program is dered to lie on the table; as follows: safeguard the health and safety of chil- supposed to give parents peace of mind. At the end of title XII, insert the fol- dren. It does not always ensure that And for many families over many lowing: children have continuity of care, nor years, it has. But we can and should be SEC. 12lll. TRANSPORT AND DISPENSING OF does it provide sufficient protections doing more to improve child care for CONTROLLED SUBSTANCES IN THE for working families when their em- children, parents, and providers alike. USUAL COURSE OF VETERINARY ployment situations change. It does PRACTICE. It is long past time to revitalize, re- Section 302(e) of the Controlled Substances not focus enough on infant and toddler fresh, and reform this vitally impor- care. It does not require mandatory Act (21 U.S.C. 822(e)) is amended— tant program. (1) by striking ‘‘(e)’’ and inserting ‘‘(e)(1)’’; background checks for child care pro- Again, I would like to thank Senator and viders in this program. BURR, Chairman HARKIN, Ranking (2) by adding at the end the following: So, today we are introducing a bill Member ALEXANDER, and all members ‘‘(2) Notwithstanding paragraph (1), a reg- that makes needed changes to address of the Senate HELP Committee for istrant who is a veterinarian shall not be re- shortcomings in current law. their hard work on this bipartisan pro- quired to have a separate registration in Our bill requires States to devote order to transport and dispense controlled posal. It is my hope that we can move more of their funding to quality initia- substances in the usual course of veterinary swiftly to get this bill passed out of tives, such as: training, professional practice at a site other than the registrant’s House and Senate and onto the Presi- development, and professional advance- registered principal place of business or pro- dent’s desk. ment of the child care workforce, sup- fessional practice, so long as the site of f transporting and dispensing is located in a porting early learning guidelines, de- State where the veterinarian is licensed to veloping and implementing quality rat- AMENDMENTS SUBMITTED AND practice veterinary medicine and is not a ing systems for providers, and improv- PROPOSED principal place of business or professional ing the supply and quality of child care SA 1144. Mr. MORAN (for himself and Mr. practice.’’. programs and services for infants and KING) submitted an amendment intended to toddlers. be proposed by him to the bill S. 954, to reau- SA 1145. Mr. BEGICH submitted an Our bill says that CCDBG providers thorize agricultural programs through 2018; amendment intended to be proposed by must meet certain health and safety which was ordered to lie on the table. him to the bill S. 954, to reauthorize

VerDate Mar 15 2010 02:18 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G03JN6.001 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3910 CONGRESSIONAL RECORD — SENATE June 3, 2013 agricultural programs through 2018; On page 574, line 7, strike ‘‘$3,026,000,000’’ erwise receive under this section for each of which was ordered to lie on the table; and insert ‘‘$4,526,000,000’’. fiscal years 2014 through 2018. as follows: On page 574, line 9, strike ‘‘$1,000,000,000’’ ‘‘(2) USE OF GRANT FUNDS.— and insert ‘‘$2,500,000,000’’. ‘‘(A) IN GENERAL.—A participating State On page 877, after line 18, add the fol- receiving a grant under this subsection may lowing: SA 1148. Mr. COWAN (for himself and use the grant funds solely to purchase fresh SEC. 6208. NATURAL GAS DISTRIBUTION UTILITY Mr. PORTMAN) submitted an amend- fruits and vegetables for distribution to PILOT LOAN PROGRAM. schools and service institutions in the State (a) AUTHORIZATION OF PILOT LOAN PRO- ment intended to be proposed by him that participate in the food service programs GRAM.—Section 232(c) of the Department of to the bill S. 954, to reauthorize agri- under the Richard B. Russell National Agriculture Reorganization Act of 1994 (7 cultural programs through 2018; which School Lunch Act (42 U.S.C. 51 et seq.) and U.S.C. 6942(c)) is amended— was ordered to lie on the table; as fol- the Child Nutrition Act of 1966 (42 U.S.C. 1771 (1) in paragraph (1)(B), by striking ‘‘; and’’ lows: et seq.). and inserting a period; and On page 914, between lines 13 and 14, insert ‘‘(B) LOCALLY GROWN.—To the maximum (2) by adding at the end the following: the following: extent practicable, the fruits and vegetables ‘‘(3) The natural gas distribution utility ‘‘(i) SOIL AMENDMENT STUDY.— shall be locally grown, as determined by the pilot loan program authorized by section ‘‘(1) IN GENERAL.—The Secretary shall con- State. 6208(b) of the Agriculture Reform, Food, and duct a study to assess which types of, and ‘‘(3) SELECTION OF PARTICIPATING STATES.— Jobs Act of 2013.’’. which practices associated with the use of, The Secretary shall select participating (b) ESTABLISHMENT OF PILOT LOAN PRO- fertilizers, biostimulants, and soil amend- States from applications submitted by the GRAM.— ments best achieve the goals described in States. (1) IN GENERAL.—The Administrator of the paragraph (2). ‘‘(4) REPORTING REQUIREMENTS.— Rural Utilities Service shall establish a nat- ‘‘(2) GOALS.—The goals referred to in para- ‘‘(A) SCHOOL AND SERVICE INSTITUTION RE- ural gas distribution utility pilot loan pro- graph (1) are— QUIREMENT.—Schools and service institutions gram to add cooperatives and municipally ‘‘(A) increasing organic matter content; in a participating State shall— owned natural gas distribution utilities to ‘‘(B) reducing atmospheric volatilization; ‘‘(i) maintain records of purchases of fresh the list of utilities eligible to receive loans ‘‘(C) identifying cost-effective conservation fruits and vegetables made using the grant from the Rural Utilities Service. or production practices that reduce or elimi- funds; and (2) PRIORITY.—In making loans authorized nate nutrient runoff or leaching into ground- ‘‘(ii) report to the State the records. under paragraph (1), the Administrator of water or other water sources; and ‘‘(B) STATE REQUIREMENT.—Each partici- the Rural Utilities Service shall give pri- ‘‘(D) understanding current bioactivity or pating State shall submit to the Secretary a ority to utilities located in areas that— nutrient loads in soil. report on the success of the pilot program in (A) have been designated as PM non- 2.5 ‘‘(3) REPORT.—Not later than 1 year after the State, including information on— attainment areas by the Environmental Pro- the date of receipt of funds to carry out this ‘‘(i) the amount and value of each type of tection Agency; and subsection, the Secretary shall make pub- fresh fruit and vegetable purchased by the (B) pay more than 200 percent of national licly available and submit to the Committee State; and average for space heat on a dollar per Btu on Agriculture of the House of Representa- ‘‘(ii) the benefit provided by the purchases basis. tives and the Committee on Agriculture, Nu- in conducting the school food service in the (3) FUNDING.—The Administrator of the trition, and Forestry of the Senate a report State, including meeting school meal Rural Utilities Service— that— requirements.’’. (A) shall carry out the loan pilot program ‘‘(A) describes the results of the study; and using existing funds of the Rural Utilities ‘‘(B) identifies the types of, and practices SA 1150. Mr. SCHATZ (for himself Service; and using, fertilizers, biostimulants, and soil and Ms. HIRONO) submitted an amend- (B) shall not make loans under the loan amendments that best achieve the goals ment intended to be proposed by him pilot program in excess of $500,000,000 over identified in paragraph (2).’’. the duration of the program. to the bill S. 954, to reauthorize agri- cultural programs through 2018; which (4) DURATION.—The loan pilot program SA 1149. Mr. SCHATZ submitted an shall be authorized for a period of 5 years, amendment intended to be proposed by was ordered to lie on the table; as fol- beginning on the date of enactment of this him to the bill S. 954, to reauthorize lows: Act. agricultural programs through 2018; On page 1122, between lines 2 and 3, insert (5) REPORT.—At the conclusion of the loan the following: which was ordered to lie on the table; pilot program, the Administrator of the SEC. 121ll. LABELING REQUIREMENTS FOR Rural Utilities Service shall complete a re- as follows: KONA COFFEE. port examining— On page 396, strike lines 2 through 7 and in- Subtitle A of the Agricultural Marketing (A) the economic benefits of providing low sert the following: Act of 1946 (7 U.S.C. 1621 et seq.) (as amended cost loans; and SEC. 4201. ADDITIONAL AUTHORITY FOR PUR- by section 12104(b)) is amended by adding at (B) any upward price pressure on natural CHASE OF FRESH FRUITS, VEGETA- the end the following: gas prices in the United States resulting BLES, AND OTHER SPECIALTY FOOD ‘‘SEC. 211. LABELING REQUIREMENTS FOR KONA from the loan pilot program. CROPS. COFFEE. Section 10603 of the Farm Security and ‘‘(a) IN GENERAL.—No person shall sell or SA 1146. Mr. BENNET (for himself Rural Investment Act of 2002 (7 U.S.C. 612c– offer, expose for sale, or transport Hawaii- and Mr. ENZI) submitted an amend- 4) is amended— grown green coffee packed in wholesale ment intended to be proposed by him (1) in subsection (b), by striking ‘‘2012’’ and quantities outside the geographic region of to the bill S. 954, to reauthorize agri- inserting ‘‘2018’’; production described in subsection (b) unless cultural programs through 2018; which (2) by redesignating subsections (a), (b), each container is conspicuously marked, and (c) as subsections (b), (c), and (a), respec- stamped, printed, or labeled in the English was ordered to lie on the table; as fol- tively; and language with the exact grade or lower grade lows: (3) by inserting after subsection (c) (as so for the green coffee or the term ‘offgrade’, as On page 273, line 17 strike ‘‘.’ ’’’ redesignated) the following: applicable. On page 273, between lines 17 and 18, insert ‘‘(d) LOCAL PREFERENCE IN MEMORANDUM OF ‘‘(b) GEOGRAPHIC REGION OF PRODUCTION.— the following: AGREEMENT.—To the maximum extent prac- For purposes of subsection (a), the geo- ‘‘(3) FOREST SERVICE PARTICIPATION.—The ticable, a memorandum of agreement be- graphic region of production is— Secretary (acting through the Chief of the tween the Secretary of Agriculture and the ‘‘(1) the State of Hawaii; Forest Service) may use funds derived from Secretary of Defense related to the purchase ‘‘(2) the island of Maui; conservation-related programs executed on of fresh fruits and vegetables under this sec- ‘‘(3) the island of Moloka’i; National Forest System land to carry out tion shall require that fruits and vegetables ‘‘(4) the island of Oahu; the ACES Program on National Forest Sys- purchased under the agreement be locally ‘‘(5) the island of Kaua’i; tem land.’’. grown (as determined by the Secretary). ‘‘(6) the district of Ka’u on the island of ‘‘(e) PILOT GRANT PROGRAM FOR PURCHASE Hawai’i, as designated by the State of Ha- SA 1147. Mr. PRYOR (for himself and OF FRESH FRUITS AND VEGETABLES.— waii Tax Map; Mr. HOEVEN) submitted an amendment ‘‘(1) IN GENERAL.—Using amounts made ‘‘(7) the district of Hamakua on the island intended to be proposed by him to the available to carry out subsection (c), the of Hawai’i, as designated by the State of Ha- Secretary of Agriculture shall conduct a bill S. 954, to reauthorize agricultural waii Tax Map; and pilot program under which the Secretary ‘‘(8) the North Kona and South Kona dis- programs through 2018; which was or- will give not more than 5 participating tricts on the island of Hawai’i, as designated dered to lie on the table; as follows: States the option of receiving a grant in an by the State of Hawaii Tax Map. On page 573, line 25, strike ‘‘$4,226,000,000’’ amount equal to the value of the commod- ‘‘(c) PLACEMENT.—The grade statement and insert ‘‘$5,726,000,000’’. ities that the participating State would oth- shall appear on—

VerDate Mar 15 2010 02:18 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A03JN6.025 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 3, 2013 CONGRESSIONAL RECORD — SENATE S3911 ‘‘(1) the label required under subsection (a); lated Research Act of 1990 (7 U.S.C. 5341) as (B) not be eligible for administrative or foods, beverages, or food components that— matching under section 16(a) of the Food and ‘‘(2) the container on the same panel as the (i) are consumed in excessive amounts; and Nutrition Act of 2008 (7 U.S.C. 2025(a)). declaration of identity required by the mat- (ii) may increase the risk of certain chron- (2) CONTRIBUTIONS.—A State may accept ter under the headings ‘Uniform Laws and ic diseases or conditions; and and use contributions from nongovernmental Regulations’ and ‘Uniform Packaging and (C) does not— entities, including nonprofit organizations, Labeling Regulation’ of section A of part IV (i) expand the number of items otherwise to carry out a pilot project and an evalua- of the National Institute of Standards and eligible for assistance under the supple- tion of that pilot project under this section. Technology handbook No. 130 (1993 edition), mental nutrition assistance program; or with amendments specified in section 4-93- (ii) classify alcoholic beverages, tobacco, SA 1153. Mr. WYDEN submitted an 2(a) of the Hawaii Administrative Rules. and hot foods or hot food products ready for amendment intended to be proposed by ‘‘(d) CORRECTION.—Any label that is deter- immediate consumption as eligible for as- him to the bill S. 954, to reauthorize mined to be incorrect shall be corrected by sistance under that program; agricultural programs through 2018; complete obliteration of the incorrect infor- (2) a description of the cost of imple- which was ordered to lie on the table; mation and substitution with the correct menting the demonstration project in the statement of fact. State; as follows: ‘‘(e) LETTERS AND FIGURES.—The letters (3) a description of the number of house- On page 986, between lines 4 and 5, insert and figures used to meet the requirements of holds participating in the supplemental nu- the following: this section shall be of bold type and legible. trition assistance program to be affected by SEC. 83ll. EXEMPTION OF CERTAIN PAYMENTS ‘‘(f) GRADE TERMS.—The grade terms shall the demonstration project; FROM SEQUESTRATION ORDERS. be exactly as shown in sections 4-143-4, 4-143- (4) a process for participating States to (a) IN GENERAL.—Section 255(g)(1)(A) of the 5, and 4-143-6 of the Hawaii Administrative educate participants and retailers about eli- Balanced Budget and Emergency Deficit Rules (as in effect on the date of enactment gible and ineligible foods, including a proce- Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is of this section).’’. dure for disseminating product eligibility in- amended by inserting after ‘‘Payment to formation to participants and retailers peri- Civil Service Retirement and Disability SA 1151. Ms. COLLINS (for herself, odically; Fund (24-0200-0-1-805).’’ the following: Mr. UDALL of Colorado, Mr. RISCH, Mr. (5) a procedure to work with retailers to ‘‘Payments to Counties under the Secure KING, and Mr. CRAPO) submitted an identify problems and best practices in im- Rural Schools and Community Self-Deter- amendment intended to be proposed by plementing new product eligibility stand- mination Act of 2000 (16 U.S.C. 500 note; Pub- ards; lic Law 106–393). her to the bill S. 954, to reauthorize ag- ‘‘Payments in lieu of taxes under chapter ricultural programs through 2018; (6) a procedure to monitor and evaluate program operations, including the impact on 69 of title 31, United States Code.’’. which was ordered to lie on the table; (b) EFFECTIVE DATE.—The amendment participating households and small busi- made by subsection (a) takes effect on Octo- as follows: nesses; ber 1, 2012. On page 421, between lines 3 and 4, insert (7) a statement that the demonstration the following: project does not reduce the eligibility for, or SA 1154. Ms. STABENOW (for Mr. SEC. 42ll. AVAILABILITY OF VEGETABLES AS amount of, benefits available under the Food WYDEN) proposed an amendment to the SUPPLEMENTAL FOODS UNDER WIC and Nutrition Act of 2008 (7 U.S.C. 2011 et PROGRAM. seq.); bill H.R. 588, to provide for donor con- Section 17(f)(11) of the Child Nutrition Act (8) notwithstanding section 3(k) of the tribution acknowledgments to be dis- of 1966 (42 U.S.C. 1786(f)(11)) is amended— Food and Nutrition Act of 2008 (7 U.S.C. played at the Vietnam Veterans Memo- (1) by redesignating subparagraph (C) as 2012(k)), complies with the requirements of rial Visitor Center, and for other pur- subparagraph (D); and the Food and Nutrition Act of 2008 (7 U.S.C. poses; as follows: (2) by inserting after subparagraph (B) the 2011 et seq.); following: Strike all after the enacting clause and in- (9) the ability of the State to meet the sert the following: ‘‘(C) VEGETABLES.—The regulation required evaluation criteria under subsections (c) and under paragraph (1) shall not exclude or re- SECTION 1. DONOR CONTRIBUTIONS. (d); and Section 8905(b) of title 40, United States strict the eligibility of any variety of fresh, (10) any other requirements that the Sec- whole, or cut vegetables (other than vegeta- Code is amended by striking paragraph (7) retary determines to be appropriate. and inserting the following: bles with added sugars, fats, or oils) from (c) CONSIDERATION.—In selecting States to ‘‘(7) DONOR CONTRIBUTIONS.— being provided as supplemental foods under carry out a demonstration project under this ‘‘(A) IN GENERAL.—Except as otherwise pro- the program under this section.’’. section, the Secretary shall consider whether vided in this paragraph, the Secretary or Ad- a State has previously applied for a waiver ministrator, as applicable, may permit a SA 1152. Mr. COBURN (for himself under the supplemental nutrition assistance sponsor described in subsection (a) to ac- and Mr. HARKIN) submitted an amend- program to carry out a similar project. knowledge donor contributions at the com- ment intended to be proposed by him (d) EVALUATION.—Not later than 2 years after the date on which a demonstration memorative work. to the bill S. 954, to reauthorize agri- ‘‘(B) REQUIREMENTS.—Acknowledgments cultural programs through 2018; which project is initiated under this section, the Secretary shall provide for an independent shall— was ordered to lie on the table; as fol- evaluation of the projects selected under this ‘‘(i) be displayed inside a visitor center or lows: section that uses rigorous methodologies, other ancillary structure associated with the On page 421, between lines 3 and 4, insert particularly random assignment or other commemorative work; and the following: methods that are capable of producing sci- ‘‘(ii) conform to applicable National Park SEC. 40ll. DEMONSTRATION PROJECTS TO PRO- entifically valid information regarding effec- Service or General Services Administration MOTE HEALTHY EATING AMONG tive restrictions to measure the impact of guidelines for donor recognition, as applica- SNAP RECIPIENTS. the pilot program on— ble. (a) IN GENERAL.—The Secretary shall carry (1) the costs and benefits under the supple- ‘‘(C) LIMITATIONS.—Acknowledgments out 2 demonstration projects in States that mental nutrition assistance program in the shall— agree to plan, design, develop, and imple- State; ‘‘(i) be limited to an appropriate statement ment programs to eliminate purchases of (2) the access of individuals receiving bene- or credit recognizing the contribution; unhealthful foods or beverages under the fits under the supplemental nutrition assist- ‘‘(ii) be displayed in a form approved by the supplemental nutrition assistance program ance program in the State to nutritious food; Secretary or Administrator; established under the Food and Nutrition (3) the dietary intake of— ‘‘(iii) be displayed for a period of time de- Act of 2008 (7 U.S.C. 2011 et seq.). (A) supplemental nutrition assistance pro- termined by the Secretary or Administrator (b) REQUIREMENTS.—In selecting States to gram recipients participating in the supple- to be appropriate, commensurate with the carry out a demonstration project under this mental nutrition assistance program dem- level of the contribution; section, the Secretary shall ensure that each onstration project; and ‘‘(iv) be limited to short, discrete, and un- proposed demonstration project includes— (B) a control group of supplemental nutri- obtrusive acknowledgments or credits; and (1) a standard based on nutritional content tion assistance program recipients not par- ‘‘(v) not include any advertising slogans or that— ticipating in the demonstration project; and company logos. (A) is demonstrated to be clear, practical, (4) other effects that the Secretary deter- ‘‘(D) SUBMITTAL OF PLAN.— and consistent in excluding certain items mines to be appropriate. ‘‘(i) IN GENERAL.—Prior to the display of from eligibility; (e) COSTS.— donor acknowledgments, the sponsor shall (B) limits the use of benefits for pur- (1) IN GENERAL.—All costs associated with submit to the Secretary or Administrator, as chasing foods or beverages that are identi- carrying out a pilot project and an evalua- applicable, for approval a plan for displaying fied in the most recent Dietary Guidelines tion of that pilot project under this section the donor acknowledgments, including— for Americans published under section 301 of shall— ‘‘(I) the sample text and types of acknowl- the National Nutrition Monitoring and Re- (A) be provided by the State; and edgments to be displayed; and

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However, those other ancillary structure associated with the which the plan is received, notify the spon- wishing to submit written testimony commemorative work; and sor of the reasons the plan is not approved; for the hearing record may do so by ‘‘(ii) conform to applicable National Park and sending it to the Committee on Energy Service or General Services Administration ‘‘(II) allow the sponsor to resubmit a re- and Natural Resources, United States guidelines for donor recognition, as applica- vised donor acknowledgment plan. Senate, Washington, D.C. 20510–6150, or ble. ‘‘(E) COST.—The sponsor shall bear all ex- by e-mail to ‘‘(C) LIMITATIONS.—Acknowledgments penses related to the display of donor ac- [email protected]. shall— knowledgments. ‘‘(i) be limited to an appropriate statement ‘‘(F) APPLICABILITY.—This paragraph shall For further information, please con- or credit recognizing the contribution; apply to any commemorative work dedicated tact Allen Stayman at (202) 224–7865 or ‘‘(ii) be displayed in a form approved by the after January 1, 2010.’’. Danielle Deraney at (202) 224–1219. Secretary or Administrator; SEC. 2. EXTENSION OF LEGISLATIVE AUTHORITY COMMITTEE ON INDIAN AFFAIRS ‘‘(iii) be displayed for a period of time de- FOR VIETNAM MEMORIAL VISITOR Ms. CANTWELL. Mr. President, I termined by the Secretary or Administrator CENTER. would like to announce that the Com- to be appropriate, commensurate with the Section 6(b)(5) of Public Law 96-297 (16 level of the contribution; U.S.C. 431 note; 124 Stat. 2851) is amended by mittee on Indian Affairs will meet dur- ‘‘(iv) be limited to short, discrete, and un- striking ‘‘2014’’ and inserting ‘‘2018’’. ing the session of the Senate on June obtrusive acknowledgments or credits; and 12, 2013, in room SD–628 of the Dirksen ‘‘(v) not include any advertising slogans or SA 1155. Mr. FRANKEN submitted an Senate Office Building, at 2:30 p.m., to company logos. amendment intended to be proposed by conduct a hearing to consider the ‘‘(D) SUBMITTAL OF PLAN.— him to the bill S. 954, to reauthorize President’s Nomination of Yvette ‘‘(i) IN GENERAL.—Prior to the display of agricultural programs through 2018; Roubideaux, to be Director of the In- donor acknowledgments, the sponsor shall which was ordered to lie on the table; dian Health Service, Department of submit to the Secretary or Administrator, as applicable, for approval a plan for displaying as follows: Health and Human Services. (Re- the donor acknowledgments, including— On page 199, strike lines 11 through 24, and appointment) ‘‘(I) the sample text and types of acknowl- insert the following: Those wishing additional information edgments to be displayed; and ‘‘(A) the level of natural resource and envi- may contact the Indian Affairs Com- ‘‘(II) the form and location of all displays. ronment benefits resulting from existing and mittee at (202) 224–2251. ‘‘(ii) NOTIFICATION AND RESUBMITTAL.—If proposed conservation treatment on all ap- Ms. STABENOW. Mr. President, I ask the Secretary or Administrator does not ap- plicable priority resource concerns; and prove the plan submitted under clause (i), On page 200, line 1, strike ‘‘(E)’’ and insert unanimous consent that the order for the quorum call be rescinded. the Secretary or Administrator shall— ‘‘(B)’’. ‘‘(I) not later than 60 days after the date on On page 200, beginning on line 4, strike ‘‘; The PRESIDING OFFICER. Without which the plan is received, notify the spon- and’’ and all that follows through ‘‘produc- objection, it is so ordered. sor of the reasons the plan is not approved; tion’’ on line 8. f and On page 206, line 9, strike ‘‘not less than 5’’ ‘‘(II) allow the sponsor to resubmit a re- and insert ‘‘a limited number of’’. VIETNAM VETERANS DONOR vised donor acknowledgment plan. On page 210, line 2, insert ‘‘or improve’’ ACKNOWLEDGEMENT ACT OF 2013 ‘‘(E) COST.—The sponsor shall bear all ex- after ‘‘adopt’’. Ms. STABENOW. Mr. President, I ask penses related to the display of donor ac- f unanimous consent that the Senate knowledgments. ‘‘(F) APPLICABILITY.—This paragraph shall NOTICES OF HEARINGS proceed to the consideration of H.R. apply to any commemorative work dedicated COMMITTEE ON ENERGY AND NATURAL 588, which was received from the House after January 1, 2010.’’. RESOURCES and is at the desk. SEC. 2. EXTENSION OF LEGISLATIVE AUTHORITY Mr. WYDEN. Mr. President, I would The PRESIDING OFFICER. The FOR VIETNAM MEMORIAL VISITOR CENTER. like to announce for the information of clerk will report the bill by title. The legislative clerk read as follows: Section 6(b)(5) of Public Law 96–297 (16 the Senate and the public that a hear- U.S.C. 431 note; 124 Stat. 2851) is amended by ing scheduled before the Subcommittee A bill (H.R. 588) to provide for donor con- striking ‘‘2014’’ and inserting ‘‘2018’’. tribution acknowledgments to be displayed on Water and Power of the Committee The amendment was ordered to be on Energy and Natural Resources has at the Vietnam Veterans Memorial Visitor Center, and for other purposes. engrossed and the bill to be read a been postponed. This hearing was There being no objection, the Senate third time. scheduled to be held on Thursday, June The bill (H.R. 588), as amended, was proceeded to consider the bill. 6, 2013, at 2:30 p.m., in room 366 of the read the third time and passed. Dirksen Senate Office Building. Ms. STABENOW. Mr. President, I ask f The purpose of this oversight hearing unanimous consent that a Wyden is to examine the progress made by Na- amendment which is at the desk be ORDERS FOR TUESDAY, JUNE 4, tive Hawaiians toward stated goals of agreed to, the bill, as amended, be read 2013 the Hawaiian Homelands Commission a third time and passed, and the mo- Ms. STABENOW. Mr. President, I ask Act. tions to reconsider be laid upon the unanimous consent that when the Sen- For further information, please con- table, with no intervening action or de- ate completes its business today, it ad- tact Cisco Minthorn at (202) 224–4756 or bate. journ until 10 a.m. on Tuesday, June 4, Danielle Deraney at (202) 224–1219. The PRESIDING OFFICER. Without 2013; that following the prayer and the objection, it is so ordered. COMMITTEE ON ENERGY AND NATURAL pledge, the morning hour be deemed RESOURCES The amendment (No. 1154) was agreed expired, the Journal of proceedings be Mr. WYDEN. Mr. President, I would to, as follows: approved to date, and the time for the like to announce for the information of (Purpose: In the nature of a substitute) two leaders be reserved for their use the Senate and the public that a hear- Strike all after the enacting clause and in- later in the day; that following any ing has been scheduled before the Sen- sert the following: leader remarks, the Senate be in a pe- ate Committee on Energy and Natural SECTION 1. DONOR CONTRIBUTIONS. riod of morning business for 1 hour Resources. The hearing will be held on Section 8905(b) of title 40, United States with the time equally divided and con- Tuesday, June 11, 2013, at 10 a.m., in Code is amended by striking paragraph (7) trolled between the two leaders or room 366 of the Dirksen Senate Office and inserting the following: their designees, with Senators per- ‘‘(7) DONOR CONTRIBUTIONS.— Building. ‘‘(A) IN GENERAL.—Except as otherwise pro- mitted to speak therein for up to 10 The purpose of the hearing is to re- vided in this paragraph, the Secretary or Ad- minutes each, with the majority con- ceive testimony on the November 6, ministrator, as applicable, may permit a trolling the first half and the Repub- 2012 referendum on the political status sponsor described in subsection (a) to ac- licans controlling the final half; that

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JESSE J. KIRCHMEIER DANIEL W. HASH following morning business the Senate ALEXANDER D. LAWSON CHERYL A. HENDRIX resume consideration of S. 954, the JAN M. OLEEN PETER J. HENSLER ROBERT D. PARRISH II DAVID R. HINCKLEY farm bill; further, that the Senate re- JOHN A. ZENKER JON A. HINMAN cess from 12:30 p.m. until 2:15 p.m. to THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DIANA M. HOEK allow for the weekly caucus meetings. TO THE GRADE INDICATED IN THE RESERVE OF THE PHILLIP S. HOLMES ARMY UNDER TITLE 10, U.S.C., SECTION 12203: GREGORY B. HUGHES The PRESIDING OFFICER. Without ERMA J. JACKSON To be colonel JONI J. JOHNSON objection, it is so ordered. CYRUS KARIMIAN GEORGE T. BARIDO MICHAEL S. KILLEN LISA M. BROWN f DAVID G. KING DON S. COLT II LISA A. KLATKA CYNTHIA S. KNYSAK ADJOURNMENT UNTIL 10 A.M. FRANCIS W. KLOTZ PETER B. OLSON STEVEN M. KOSTRZEWA TOMORROW REGINA POWELL DIXON A. LACKEY III MICHAEL N. PULLEN LOREN S. LASATER Ms. STABENOW. Mr. President, if KEVIN S. SHARP JOHN S. LEE MATTHEW A. SHEAFFER there is no further business to come be- PAUL J. LEE CHARLES J. SIZEMORE fore the Senate, I ask unanimous con- JOHN F. LOPINTO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID G. LUKENS sent that it adjourn under the previous TO THE GRADE INDICATED IN THE RESERVE OF THE EARL H. LYNCH order. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KATHLEEN A. MALONE To be colonel GEORGE G. MANLONGAT There being no objection, the Senate, JENNIFER A. MARRASTHOST at 6:55 p.m., adjourned until Tuesday, TIMOTHY BARNARD STEVEN R. MCCOLLEY BRIAN R. BEA DANA E. MCDANIEL June 4, 2013, at 10 a.m. FRED D. BICOY MARY E. MCLAUGHLIN GARY R. BRICKNER MICHELLE C. MCLAUGHLIN f DAVID W. BUTLER MARTIN E. MENOSKY LISA J. DEWITT PAUL F. MESSINA NOMINATIONS FREDDIE J. FRIEL GABRIELLA G. MILLER DAVID B. HALE JACQUELINE C. MITCHELL Executive nominations received by JAMES W. HALLIDAY, JR. BRIAN A. MONTGOMERY the Senate: EDWIN P. HENDRICKS, JR. CLARA E. MOSES LISA J. HOU ROBERT L. MOSSER IN THE AIR FORCE MARGUERITE L. KNOX THOMAS J. MURPHY JAMES B. KYLE III CLAYTON H. NASH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSHUA H. LIPSCHUTZ MITCHELL NAZARIO IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARTIN J. LUCENTI, JR. REGINA C. NOETH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BEN R. MALTZ MATTHEW P. NOVAK AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MICHAEL D. MCLEARY EDWARD E. ORONSAYE 601: LISA MERIWETHER MARIA E. OSTRANDER To be general JEFFREY P. MILES NOEL C. PACE RICARDO MUNOZ, JR. JIMMY A. PAULK LT. GEN. FRANK GORENC MARTIN D. ORTIZ EILEEN A. PILLMEIER MICHAEL S. PIZZATO JEFFERY S. PORTER IN THE NAVY SCOTT A. POCHA MELODY A. QUESENBERRY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL S. RANDOLPH MARGARET J. RAMSDELL IN THE UNITED STATES NAVY TO THE GRADE INDICATED SHAKTI S. SABHARWAL PETER D. RAY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND STARR M. SEIP FREDERICK A. REMICK, JR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STACEY A. SMITH RANDY F. RIZOR ANGELA M. STEWARDRANDLE MICHAEL A. ROWLEY To be vice admiral JEFFREY A. STEWART MARIA SANTIAGOSOSA MICHAEL J. STURKIE WILLIAM D. SCHAEFER REAR ADM. PHILIP S. DAVIDSON STEWART H. TANKERSLEY PAUL J. SCHENARTS IN THE AIR FORCE OSCAR L. TROCHEMATOS DUANE R. SHARPE KEVIN D. VAUGHN SHIRLEY A. SPENCER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN F. STECKER III TO THE GRADE INDICATED IN THE REGULAR AIR FORCE TO THE GRADE INDICATED IN THE RESERVE OF THE KENNETH E. STONE UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL C. STYPULA ERIC J. TOBIASON To be major To be colonel CAROLINE A. TOFFOLI DIANE TRAVER DAISY Y. ENG JEFFREY S. ACREE ELIZABETH M. TRINIDAD THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- SAMUEL C. ALDRIDGE ELIZABETH S. TUGAS MENT TO THE GRADES INDICATED IN THE REGULAR AIR JEAN M. ANDERSON EDWARD L. VANOEVEREN FORCE UNDER TITLE 10, U.S.C., SECTION 531: YOLANDA ANTHONY SUSAN L. B. WALTON JOSEPH S. ATKINS SANDRA M. WANEK To be lieutenant colonel KULVINDER S. BAJWA CALVIN W. WASHINGTON LEE J. BARTON JOSEPH N. KENAN MELINDA L. WELLBORN PAULA M. BEHRENS FRANCIS X. WHALEN RICARDO J. BERRIOS To be major JEFFREY L. WILSON OMAR S. BHOLAT JASON R. WING SIRPA T. AUTIO GEOFFREY BLOOMFIELD VICKY L. YOUNG THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN H. BORDES, JR. TO THE GRADES INDICATED IN THE REGUALR AIR FORCE WILLIAM H. BOSWORTH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 531: JACQUELINE J. BRADLEY TO THE GRADE INDICATED IN THE KEVIN M. BRADLEY MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 To be lieutenant colonel JOHN P. BRIDE, JR. AND 3064: SCOTT M. SHEFLIN ARNOLD D. BRIDGES To be lieutenant colonel MATTHEW D. BRIDGES To be major PATRICK A. BRODIE MAZEN ABBAS ANDREW T. BRYAN JULIE A. AKE CHRISTOPHER F. TANA JOHN R. BURCHFIELD JOSEPH F. ALDERETE, JR. ERIC J. TURNEY BRUCE E. BURNS SHANE ANDERSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. CANNON JARED M. ANDREWS IN THE GRADES INDICATED IN THE REGULAR AIR FORCE ROBERT P. CASILLAS ALISON L. BATIG UNDER TITLE 10, U.S.C., SECTION 531: CATHERINE W. CATINA ADRIENA C. BEATTY MICHAEL J. CEPE STEPHEN BECKWITH To be lieutenant colonel GREGORY H. CHOW ROBERT BEJNAROWICZ CHRISTOPHER E. CIEURZO JULIA L. CHRISTIAN JENNIFER L. BELL CHARLES C. MARTINEAU ANTONIO DELAROSA CHAD L. BENDER JAMES G. DELUCA JASON W. BENNETT To be major GLENNA J. DONOVAN EDWARD C. BERGEN ANGELA M. DOUGLAS NICI E. BOTHWELL VINH Q. TRAN MARC T. DOWNING REBECCA A. BOUCHER IN THE ARMY JEFFREY DREXLER BRANDON D. BROWN MARC R. DUCHETTE JON S. CAMPI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANNE M. EMSHOFF SUYOUNG CHANG TO THE GRADE INDICATED IN THE UNITED STATES ARMY LOUIS A. FELICIANO JASON COLEMAN UNDER TITLE 10, U.S.C., SECTION 624: PEDRO FLORESRUIZ JACOB F. COLLEN DIANE R. FORBES MISTY C. COWAN To be major KATHLEEN P. FOREMAN JOHN M. CSOKMAY JASON R. PURVIS CAROLYN L. FORRISI JEANCLAUDE G. DALLEYRAND AMELIA J. FOSTER PATRICK DEPENBROCK THE FOLLOWING NAMED ARMY NATIONAL GUARD OF ALAN G. GETTS JUSTIN P. DODGE THE UNITED STATES OFFICERS FOR APPOINTMENT TO STEVEN L. GLORSKY DAVID M. DOMAN THE GRADE INDICATED IN THE RESERVE OF THE ARMY THOMAS S. GRANCHI DAVID DURUSSEL UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JAMES L. HALEY NICOLE M. EHRHARDT To be colonel JONATHAN P. HALISCAK TRACY L. EICHEL LUCY A. HALL DAVID ESCOBEDO THOMAS R. BOUCHARD HUNTER A. HAMMILL PAUL M. FAESTEL PETER M. EMERSON JEFFERY K. HARPSTRITE DEAN R. FELLABAUM JAMES M. HARMON BERNARD S. HARRISON KATHLEEN M. FLOCKE PHILLIP F. JOHNSON KENT E. HARSHBARGER MICHELLE L. FONTAINE

VerDate Mar 15 2010 02:18 Jun 04, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 9801 E:\CR\FM\G03JN6.032 S03JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S3914 CONGRESSIONAL RECORD — SENATE June 3, 2013 LEVI FUNCHES WILLIAM D. OCONNELL To be lieutenant colonel DANIEL J. GALLAGHER MICHEAL A. ODLE DALE W. GEORGE BRUCE A. ONG EDWARD T. BREECHER RUSSELL GIESE JUAN A. ORTIZPEREZ JASON BULLOCK JASON A. GRASSBAUGH JAMES J. PARK LLENA C. CALDWELL ADAM T. GROTH JEFFREY T. PARKER PAUL COLTHIRST REY D. L. GUMBOC JONATHAN R. PARKS LUKE K. DALZELL MATTHEW B. HARRISON CHRISTOPHER T. PERRY CHAD V. DAWSON JOSHUA D. HARTZELL WYLAN C. PETERSON JEAN R. ELYSEE ALAN F. HELMBOLD TRAVIS PFANNENSTIEL CYNTHIA V. FELEPPA DAVID C. HILE ERIC PRYOR THOMAS M. JOHNSON GUYON J. HILL ANITA F. QURESHI YOUNG S. KANG SEAN J. HIPP JASON A. REGULES DENNIS J. KANTANEN MICHAEL C. HJELKREM JAMIE C. RIESBERG PETER KIM MATTHEW H. HOEFER JEFFREY L. ROBERTSON JAYANTHI KONDAMANI JOSEPH HUDAK MARK J. ROSCHEWSKI LOUIS R. KUBALA JOHN R. HUGHES KIMBERLY C. SALAZAR CHARLES C. LAMBERT ADAM L. HUILLET DENNIS M. SARMIENTO BENJAMIN R. METHVIN STEPHEN P. HYLAND DAVID J. SCHWARTZ JUSTIN N. NAYLOR NICHOLAS JASZCZAK DEREK K. SEAQUIST WADE H. OWENS JEREMY N. JOHNSON MARK SHASHIKANT MANUEL PELAEZ YANG E. KAO ROBERT SHIH MICHAEL PICCIONE SEAN C. KEENAN NATHAN M. SHUMWAY CONSTANCE L. SEDON PATRICK R. KENNY JOSEPH SHVIDLER THOMAS STARK SAMEER D. KHATRI CARL G. SKINNER STEPHEN TURELLA STEVEN W. KHOO JOHN W. SONG LEWIS WAYT DANIEL E. KIM DARREN C. SPEARMAN DEMETRES WILLIAMS JONATHAN KITCHIN MICHAEL P. STANY EDWARD M. WISE, JR. JEFFREY S. KUNZ JOSEPH R. STERBIS GREGORY LACY TOIHUNTA STUBBS IN THE NAVY JASON S. LANHAM GUY H. TAKAHASHI MATTHEW A. LAUDIE SCOT A. TEBO THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MARK Y. LEE ARTIN TERHAKOPIAN MENT TO THE GRADE INDICATED IN THE REGULAR NAVY ERIK K. LUNDMARK WESLEY M. THEURER UNDER TITLE 10, U.S.C., SECTION 531: JONATHAN B. LUNDY JOHN E. THOMAS RODD E. MARCUM ROY F. THOMAS To be commander KATHARINE W. MARKELL JEFFREY M. TIEDE PETER K. MARLIN KIMBERLY K. YEAGER MICHAEL TODD VINCENT J. MASE, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHANNON M. MASNERI DAWN M. TORRES JAIME L. TORRES II TO THE GRADE INDICATED IN THE UNITED STATES NAVY GABRIELLE MAYBEE UNDER TITLE 10, U.S.C., SECTION 624: DANIRA H. MAYES DAVID B. TROWBRIDGE KRISTI MCKINNEY DAVID A. VAN DE CAR To be lieutenant commander JOHN J. MCPHERSON JEFFERY W. VANDENBROEK NIA R. MIDDLETON KATRINA E. WALTERS JAMES D. HARRISON SCOTT M. WATERMAN CRISTIN A. MOUNT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE R. MOUNT JAMES A. WATTS MICHAEL A. WIGGINS IN THE GRADE INDICATED IN THE REGULAR NAVY THORNTON MU UNDER TITLE 10, U.S.C., SECTION 531: TERRY L. MUELLER JOSHUA S. WILL PETER D. MUENCH GARY H. WYNN To be lieutenant commander JAMALAH A. MUNIR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KEITH P. MYERS TO THE GRADE INDICATED IN THE UNITED STATES ARMY KERRIE L. ADAMS ANICETO J. NAVARRO DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AMANDA FEIGEL NICHOLAS J. NOCE AND 3064: ANTONIA J. HENRY

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