Kay Hagan

Mrs. HAGAN

Mrs. HAGAN. Madam President, I ask unanimous consent to call up amendment No. 1031.

Mrs. HAGAN. I ask unanimous consent the reading of the amendment be dispensed with.

Mrs. HAGAN. Madam President, I rise today to offer an amendment to make sure we are doing all we can to prevent fraud and abuse in the Federal Crop Insurance Program. The issue of fraud in this program hit home for me in March of this year when the Justice Department announced a $100 million crop insurance fraud case in eastern North Carolina, the largest ever of its kind. Forty-one defendants were found guilty and many are serving prison time for profiting from false claims for losses of soybeans, tobacco, wheat, and corn. Following this incident I regularly have farmers coming up to me, telling me they are nervous, nervous that the actions of a few bad actors will lead the Federal Government to cease providing crop insurance assistance. In these difficult budget times, these are valid concerns. For Federal assistance to continue, the integrity of these programs must be rock solid. Crop insurance fraud not only harms the integrity of Federal safety net programs and increases the cost to taxpayers, it also drives up the cost of the insurance program for our honest, law-abiding farmers. The amendment I am offering would provide additional tools to the Risk Management Agency to analyze and combat fraud, waste, and abuse. The Risk Management Agency can expand the sampling requirements to test for and address the concerns with these improper program payments. This is in accordance with the Federal Improper Payments Information Act and the Improper Payments Elimination and Recovery Act, as recommended by the office of the inspector general. The Risk Management Agency can increase the number of reviews of the approved insurance providers conducted each year. Currently we are able to review only about one- third of these providers due to our resource constraints. It also will provide additional support for data-mining activities to detect the fraud and abuse in the program and develop proactive underwriting and loss adjustment applications to minimize the scope for such activities to occur. The farm bill before us now includes extensive reforms to create a host of new safety net programs. As the complexity of these programs grows, the resources needed to oversee these programs are actually shrinking. This amendment will provide the resources necessary to proactively detect and combat fraud and abuse. Funding for this amendment will come out of the general savings contained in the underlying bill. The cost of this amendment is minimal and I believe this investment will generate substantial savings for taxpayers, expanding our efforts to tackle the fraud and abuse in the crop insurance program. Protecting the integrity of these programs is critical to ensuring the safety net programs are available for the vast majority of our farmers who are honest, and to avoid undermining public confidence in these programs. I urge my colleagues to support this amendment.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. HAGAN. Mr. President, I rise today to discuss the sexual assault crisis that is facing our military and the need to act immediately to address this problem. Last week, the Department of Defense released a report estimating that over 26,000 servicemembers--and this includes men and women--were sexually assaulted in 2012, and this is up from approximately 19,000 in 2010. This is astounding and totally unacceptable. Even more alarming is the fact the number of cases actually reported remains just a fraction of the total. Only 13 percent of these cases are actually reported. Let me repeat that: Only 13 percent of assaults were actually reported in 2012. As a member of the Armed Services Committee and a Senator from North Carolina, home to the third largest military population in the country, I find these statistics appalling. The brave servicemembers who put their lives on the line should not have to worry about their personal safety on bases in the United States and around the world. The men and women who are already tasked with so much, who have vowed to serve and protect our country, should feel they are afforded the same protection in return, but they are not. The stories I hear from our female servicemembers are astounding. One woman marine was raped by an acquaintance, her fellow marine, in her barracks one night. No one heard her cries for help. The next day she did report the assault to her chain of command. An investigation was launched from there. While that investigation was underway, from June to January, she was heavily alienated by her peers. She was called derogatory names, and her sergeant major even told her the assault was her fault because she must have given her rapist a reason to think it was OK. In the end the official investigation found her claim was ``unfounded'' because there were no witnesses, and she did not know at the time she should have gone to the hospital and had a rape kit analysis done. Other servicemembers--women who have served on forward operating bases in Afghanistan--have told me they limit their water intake throughout the day so they do not have to use the latrines in the middle of the night and by doing so put themselves at further risk of being assaulted. No one should ever have to deal with those kinds of concerns, especially when they are already putting their lives on the line to protect our Nation. The Department of Defense has reported that half of all servicemembers who were victims of sexual assault say they are actually afraid to report out of fear of retaliation or that their confidentiality will not be maintained. Others believe reporting the crime will jeopardize their military career. They fear they would not receive opportunities for advancement--opportunities they have earned through service to our country. This is just totally unacceptable. The men and women of our Armed Forces deserve far more. We have to deal with this problem once and for all, and I am encouraged the National Defense Authorization Act of 2013 includes specific directives to reduce the alarming number of assaults that take place and often go unreported. Specifically, these provisions include independent review boards to examine how sexual assault cases are handled, the creation of a special victims unit, ensuring convicted offenders are permanently barred from the military, improving how the military collects data on this topic, and several other needed provisions. During his confirmation process, Secretary of Defense Chuck Hagel said he was committed to fully implementing these directives, and I urge Secretary Hagel to report to Congress on the progress made as swiftly as possible. I still believe Congress should and must do more. The steps I believe we should consider are, first, the creation of a special victims counsel that would include advocates who can support victims and help them report incidents of sexual assault. As I mentioned, too many victims do not come forward because they are either afraid of retaliation, they do not believe their confidentiality will be maintained, or they do not have faith in the military justice system. As in the case of the woman I described who had been raped, she did not know she should have had an analysis of rape actually done. These victims advocates would have given her that advice. Second, we are fortunate in the Senate to have a number of former prosecutors engaged on this issue. Over the last 20 years, they and their colleagues have made great strides in handling sexual assault cases in the civilian world, and I believe we should take the lessons learned from that process to improve the military's response--lessons including proper training for tackling evidentiary issues and addressing victims' needs. Third, commanding officers can overturn verdicts of jury trials, as happened in the Air Force earlier this year. These are commanding officers, they are not appellate judges; they are not legally trained. They should not have the authority to overturn a verdict. I believe we should review that authority as it applies to sexual assault cases, something Defense Secretary Hagel has indicated should be a priority. Finally, we need to explore whether the present Uniform Code of Military Justice is up to the task of addressing the problem of sexual assault. I believe both the Armed Forces and the cause of justice would be well served by a vigorous debate in Congress on whether sexual assault cases can be effectively handled within the chain of command or whether this process needs to occur independently. Significant overhauls of the Uniform Code of Military Justice should not be approached lightly, but we owe it to our servicemembers to think outside the box and consider all possibilities. These men and women of our military cannot wait another day, and they should not have to wait another day for this problem to be addressed. I urge my colleagues to join me in taking concrete steps to address this issue and to protect the men and women who sacrifice so much for us each and every day. Mr. President, I suggest the absence of a quorum.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, I call up amendment No. 278.

Mrs. HAGAN. Mr. President, this amendment establishes a deficit- neutral reserve fund for families of servicemembers and veterans. My home State has the third largest military footprint in the Nation. One out of every three people is in the military, a veteran or related to a servicemember or veteran. We are proud that we make military families welcome in North Carolina because supporting military families is one of the best ways we can support our troops. This amendment is deficit neutral. It will not add one penny to our deficit. It helps to create room in the budget for legislation to help military families in areas ranging from health care to housing and from education to job placement while their loved ones are serving our country away from home. A vote for this amendment is a vote for our military families, for the sons, daughters, husbands, wives, and families who sacrifice for this Nation alongside our troops.

Mrs. HAGAN. Mr. President, I ask my colleagues to consider our military families who serve this Nation. They just don't do it in uniform.

Mrs. HAGAN

Mrs. HAGAN. I would like to speak on this amendment. I think it is a very good amendment. We have 100,000 servicemembers in our Active-Duty military who actually utilized this last year, and 50,000 of them received diplomas, certificates, and licenses. It truly does help prepare our servicemembers for a successful transition into the civilian workforce when they choose to leave the military. This is good news for a recruitment tool and it is good news as a retention tool and I think it is imperative that we continue to offer this tuition assistance benefit to our members. I certainly want to thank Senator Inhofe for working with me on this issue. I think it is a very good amendment. I also want to thank Senators Mikulski, Shelby, Durbin, and Cochran for helping us reach an agreement and move this amendment forward. I yield the floor.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, I ask unanimous consent that when the Senate completes its business today, it adjourn until 10 a.m. on Tuesday, February 12, 2013; that following the prayer and pledge, the morning hour be deemed expired, the Journal of proceedings be approved to date, and the time for the two leaders be reserved for their use later in the day; that following any leader remarks, the Senate resume consideration of S. 47, the Violence Against Women Act, under the previous order; further, that the Senate recess following disposition of S. 47 until 2:15 p.m. to allow for the weekly caucus meetings.

Mrs. HAGAN

Mrs. HAGAN. There will be up to six rollcall votes beginning tomorrow at 11 a.m. in order to complete action on the Violence Against Women Act. The State of the Union will be tomorrow evening. Senators will gather at 8:20 p.m. in the Chamber to proceed together as a body.

Mrs. HAGAN

Mrs. HAGAN. If there is no further business to come before the Senate, I ask unanimous consent it adjourn under the previous order, following the remarks of Senator Cornyn.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, I suggest the absence of a quorum.

Mrs. HAGAN. Mr. President, I ask unanimous consent that the time until 2 p.m. be equally divided and controlled between the two leaders or their designees; that following the swearing in of our new Senator I be recognized; and that following my remarks Senator Franken be recognized.

Mrs. HAGAN

Mrs. HAGAN. I do wish to congratulate the North Carolina native on his new role as a U.S. Senator from Massachusetts.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, I am proud to join my colleagues today in support of the Violence Against Women Reauthorization Act of 2013. I do so not just as a Senator but also as the mother of two daughters. This critical legislation has been held up for far too long, and it is past time for reauthorization. We have a serious responsibility to ensure that women and families are protected. The rates of violence and abuse in our country are astounding and totally unacceptable. According to a 2010 CDC study, domestic violence affects more than 12 million people each year. Across the United States 15\1/2\ million children live in homes in which domestic violence has occurred. In my home State of North Carolina alone, 73 women and children are killed on average every year because of domestic violence. Let me say that number one more time. Seventy-three women and children are killed every year due to domestic violence. These are alarming statistics, and we must act now to address them. Since 1994, VAWA programs, and in particular the STOP Program that provides grants for services, training, officers, and prosecutors, have made tremendous progress in helping victims of domestic violence and sexual assault and have transformed our criminal justice system and victim support services. These grants have assisted law enforcement and prosecutors in tracking down perpetrators and bringing them to justice. They have also saved countless lives and provided needed services to victims of these violent acts. In one instance in my State a man was on pretrial release after being charged with stalking his wife. Thanks to this STOP grant funding, he was being monitored electronically, and he was caught violating the conditions of his release when he went to his estranged wife's home. The supervising officer was immediately notified of this violation, and police officers found the man with the help of a GPS and arrested him in his estranged wife's driveway. Because of this VAWA program, we had one less victim in my State. This is just one example of how VAWA is protecting women and saving lives. Title V of this bill includes legislation that I sponsored in the last Congress, the Violence Against Women Health Initiative Act, which updates and improves the health care system's response to domestic violence and sexual assault. My provision is simple: It provides training and education to help the health care professionals respond to violence and abuse. By equipping doctors and nurses to recognize the signs of domestic abuse and make sure they have the training to respond, we can better care for our survivors and prevent future crimes. It also consolidates existing programs to streamline and strengthen the health care system's response to violent crimes. Since my time in the North Carolina State Senate, I have been dedicated to reducing the backlog of unanalyzed rape kits. This bill includes the bipartisan SAFER Act, which helps fund audits of untested DNA evidence and reduces this backlog of rape kits. Before my efforts in the State senate, what used to happen in North Carolina, and continues to happen today in many States, is that a woman would be raped, she would go to the hospital, DNA would be collected and then placed in a box. Then that box would go and sit on a shelf in a police department or in a sheriff's department totally unanalyzed unless the woman could identify who attacked her. I ask you: What other victims in America have to identify the attacker before authorities will take action? None. When I first brought this issue to the forefront, I was told there was not enough money for all of these rape kits to be tested. We found that funding in North Carolina. Now with the help of the SAFER Act, our law enforcement agencies will have the ability to track and prioritize their untested DNA evidence to ensure that victims can find their perpetrators and hold them accountable, and we can remove violent criminals from the streets. Unfortunately, until Congress acts to reauthorize the Violence Against Women Act, the well-being of women across the country hangs in the balance. This bill has never been a partisan football, and there is no reason it should be today. I hope we will pass this bill swiftly and without further disputes. We must ensure this bill's passage for victims of domestic violence, dating violence, sexual assault, and stalking not only in North Carolina but around the country. Finally, I do want to thank the North Carolina Coalition Against Sexual Assault, the North Carolina Coalition Against Domestic Violence, and North Carolina's State and local law enforcement agencies that have truly been leaders in combating this problem. I applaud them for all the work they have done to reduce and address the incidents of domestic violence and sexual assault, and I am grateful for the work they do every day on the front lines of this issue. So I am asking my colleagues to join me in moving the Violence Against Women Reauthorization Act through the Senate swiftly and without further delay. Millions of victims across the country are waiting for us to enact this lifesaving legislation, and we simply cannot wait any longer. Mr. President, I yield the floor.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, following leader remarks, the Senate will begin consideration of the conference report to accompany H.R. 4310, the National Defense Authorization Act. The filing deadline for second- degree amendments to the emergency supplemental bill is 1:30 p.m. today. At approximately 2 p.m., there will be a rollcall vote on adoption of the national defense conference report. We will work on an agreement for amendments in order to complete action on the supplemental as well as an agreement on FISA.

Mrs. HAGAN

Mrs. HAGAN. I thank Senator Murray. I was proud to stand with my colleagues on both sides of the aisle to support efforts across the federal government that will help provide our military with the strategic advantages it needs to remain atop the world's powers. A critical component to achieving this goal is to ensure that the Department of Defense is not solely dependent on one fuel source. Mr. President, the Department of Defense is committed to addressing this critical national security risk, and is taking a joint approach to do so. In August 2011, the Secretaries of the Departments of Agriculture, Energy, and Navy signed a memorandum of understanding to invest $170 million each to spur the production of advanced aviation and marine biofuels under the Defense Production Act. This joint MOU also requires substantial investment from the private sector, with at least a 1-to-1 match. Our senior military leaders understand that programs such as this MOU are critical to national security. In July, the Secretary of the Navy, the Chief of Naval Operations, and the Marine Corps Commandant expressed their concern to Chairman Levin: ``The demand for fuel in theater means we depend on vulnerable supply lines, the protection of which puts lives at risk. Our potential adversaries both on land and at sea understand this critical vulnerability and seek to exploit it.'' Given the importance of this MOU to our national security, I was disappointed when an amendment was adopted by one vote during the Senate Armed Services Committee mark-up that would prevent the Navy from participating further in the MOU. When the bill was considered on the Senate floor, I, along with a group of my colleagues, offered an amendment to strike this provision. Mr. President, I was pleased when my amendment passed in a bipartisan manner with 54 votes. I believe it sent an important message to conferees. However, I was very disappointed to see that although the conference report does not prohibit further involvement in the MOU by DOD, it does restrict the Department's participation in construction of alternative fuel refineries until the other agencies contribute matching funds. However, I have been assured by Chairman Levin that the conference committee intends for this restriction to only apply to fiscal year 2013 funds. It would not constrain fiscal year 2012 funds in any way. I ask Chairman Levin, is that correct?

Mrs. HAGAN. I thank Chairman Levin. I appreciate his continued support on this issue. Ensuring that our military leaders have the flexibility they need to invest in alternative fuels is important to our national security. I look forward to continuing to work with the Chairman on this important issue.

Mrs. HAGAN

Mrs. HAGAN. I ask unanimous consent that the order for the quorum call be rescinded.

Mrs. HAGAN. I ask unanimous consent to speak for up to 15 minutes as in morning business.

Mrs. HAGAN. Mr. President, just a few months ago I spoke on the Senate floor about the men and women of our Armed Forces who are deployed overseas. Particularly, I spoke about remembering the men and women who give selflessly of themselves, who died for the good of our Nation; these souls who live lives illuminated by purpose and who travel long roads paved with sacrifice. They are the important 1 percent, the tiny fraction who go wherever in the world our country asks them to go, who honorably shoulder the burden of fear and sacrifice for the rest of us because they love this country and believe in defending it. Today, as we prepare to celebrate the holiday season with our family and loved ones, I once again wish to ask each and every one of my colleagues to remember these men and women, these great souls whose belief in this country is so great they willingly and without qualification put life and limb on the line so that 99 percent of us don't have to spend our days and nights wondering if our loved ones are safe. Remember that we are still a nation at war, that there are over 170,000 members of our Armed Forces deployed, many of them in harm's way, and many of them are from my home State of North Carolina. This year these deployed servicemembers will not be celebrating with those near and dear to them because they will be on watch protecting the very freedoms and the way of life we hold so dear. Our service men and women don't ask for anything from us, but please think of them, remember them, thank them, and please keep them in your prayers. Remember the sacrifices endured by so many of our military families who are at home now without their dad, mom, brother, sister, husband, or wife. And most importantly at this time of year and always, remember that there are many servicemembers who will never come home. While many families miss their loved ones now, especially during the holiday season, some will endure that loss for the rest of their lives. These husbands and wives, moms and dads, brothers and sisters, sons and daughters did not bargain for the pain of waking up each and every day without their partner, a child, a friend, or the person who used to tuck them into bed each night. They did not ask to spend the rest of their lives missing someone so important to them. Remember them as you do your holiday shopping, go to parties, exchange gifts, and otherwise get caught up in the spirit of the season. SGT Justin C. Marquez Remember the family of SGT Justin Z. Marquez, U.S. Army, from Aberdeen, NC. Justin died this past October 6 from small arms fire wounds he received while on foot patrol in Wardak Province, Afghanistan, just 1 month after he arrived in theater. Justin was 25 years old. I spoke with Justin's mom Terry. She told me that as a boy, Justin questioned authority--a lot. But she said it was always because he was standing up for what he thought was right, defending someone else against an injustice or prejudice. Justin was a good son. He believed in helping others, standing up for others. He was a kid other parents trusted and a big brother to many--a neighborhood guardian, if you will. His house was the weekend hangout. Younger kids would come over. When his mom questioned when the younger kids should go home, her son told her: Mom, don't worry. They are happy being here. Not everyone has the fairytale life like our family does. Justin's family was a little surprised when he announced that he wanted to join the Army at 18. They wanted him to finish school, to continue growing up, but Justin had other plans. He wanted to go out in the world and make a difference for others, and the Army was how he was going to do this. He was eager to do his part--to stand for our country, our government, our people, and our way of life. He understood how precious our freedoms are and how fortunate he was to be an American. Justin's life was cut short, tragically so, but his dad, mom, and twin brother got to see him grow from a boy to a man. He made their lives full and challenged them to be better people. According to Terry, his mom, as Justin grew up in the Army, he was like a fine wine: he just kept getting better with age. Justin understood that the freedoms we enjoy as citizens of our great Nation are precious and valuable. He believed in protecting others. He believed in making the world a better place. He believed in standing so that others might not have to. Interestingly, Justin's mom brought Justin and his twin brother Drew to Washington, DC, when they were in middle school. They sat in the gallery in this very Chamber. I think it is fitting that we remember and honor him here. SGT Justin Marquez was a dedicated soldier. He had found his purpose. He believed in what he was doing. We must remember how fortunate we are to have countrymen like him--people committed to fighting for the freedoms we so often take for granted. Mrs. Marquez shared with me that she does not worry about Justin anymore. He is taken care of and is safe now. But because of him, she now worries for all the other soldiers. We all need to keep these men and women in mind too and support them and stand with them and their families. Corporal Daniel L. Linnabary We also need to remember the family of Cpl Daniel L. Linnabary, U.S. Marine Corps, from Hubert, NC. Daniel died on August 6 at the age of 23 while conducting combat operations in Helmand Province, Afghanistan. Dan always wanted to be a marine. He made his decision at the early age of 4 and wanted to be a marine until the day he died. He was the third generation of his family to serve in the Marine Corps, and for 46 years there has been at least one Linnabary in the Marine Corps. No wonder he knew he wanted to be a marine at such a young age. Dan loved the Corps, but more than that he loved his wife of just a year, Chelsea, and baby daughter Rosalie. I spoke with Dan's wife Chelsea, and she impressed upon me that Dan was much more than a marine. She needed me to know that he was first and foremost a good husband and a good father, just a really great guy who loved his wife and loved being a dad. Dan's baby girl Rosalie just turned 7 months old this past weekend. Dan got to spend only 7 weeks with her before deploying--3 of those weeks an extra blessing because baby Rosalie was in such a hurry to meet her dad that she arrived 3 weeks early. From the minute Dan first held his tiny daughter, he and everyone else knew that he was made to be a dad, that he would always love and do whatever was necessary to care for his family. Now Rosalie will grow up with only photos of her dad, but she will always have a connection to him through those who served with him. The men of 2nd Tank Battalion have told Dan's wife that they look forward to meeting baby Rosalie when they get back from their deployment early next year. That is just what these men and women do. They look out for one another and the families who are left behind. Yes, they are servicemembers, but first and foremost they are human beings putting others before themselves. We need to follow their lead. Another thing Chelsea shared with me is that Dan loved her enough to be honest with her always. He did not sugarcoat things. He prepared her as much as anyone could for any eventuality. But how much can you really prepare someone to live the rest of their life without their soulmate? To raise their daughter without her dad? To explain to her that dad gave his life to protect others--especially when too many of us are not even aware of these sacrifices? Dan was a marine. He was doing what he believed in. His wife knew that it was a dangerous job and that the worst could happen because Dan told her. She just never thought it would be on this, his first deployment, or in this war. He died fighting for our freedoms and lived by a code that most of us will never understand but for which we must be thankful. As you spend time with your loved ones this season, remember Cpl Dan Linnabary and thank him. This is a time of year about belief. Different cultures and different faiths have different beliefs. And this is what makes our country the greatest Nation on Earth. Be it faith, politics, or other things, we are all free to believe what we choose. And we must remember that there are special men and women in this world, oftentimes strangers to us, who are willing to give their lives for our right to believe in what we choose. But one thing we should all agree upon is that we must--we must--stand behind and beside the men and women who are willing to pay a debt they do not owe so that other Americans do not have to. Our servicemembers are from our small towns, our big cities, and our rural areas. They are our neighbors, they are our fellow Americans, and they are my fellow North Carolinians. Justin Marquez, Daniel Linnabary--just a couple of the heroes who lived among us. We must remember them and honor them now and always. So at this time of the year, I wish to extend my warmest wishes of the holiday season to our servicemembers, both those serving now and those who have gone before us, and to the families and friends who cannot be with their loved ones. Thank you, Mr. President. I suggest the absence of a quorum.

Mrs. HAGAN

Mrs. HAGAN. Mr. President, I ask unanimous consent that the HELP Committee be discharged from further consideration of S. 3472 and that the Senate proceed to its immediate consideration.

Mrs. HAGAN. I further ask unanimous consent that the Landrieu substitute amendment, which is at the desk, be agreed to, the bill, as amended, be read a third time and passed, the motion to reconsider be made and laid upon the table, with no intervening action or debate, and any statements related to the bill be printed in the Record.

Mrs. HAGAN

Mrs. HAGAN. If there is no further business to come before the Senate, I ask unanimous consent that it recess under the previous order.