Heidi Heitkamp

Ms. HEITKAMP

Ms. HEITKAMP. I ask unanimous consent that the resolutions be agreed to, the preambles be agreed to, and the motions to reconsider be laid upon the table en bloc, with no intervening action or debate.

Ms. HEITKAMP

Ms. HEITKAMP. The next rollcall vote will be at 12 noon on the Bass nomination, as provided for under the previous order.

Ms. HEITKAMP

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

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I ask unanimous consent that when the Senate completes its business today, it recess until 10 a.m. on Wednesday, September 17, 2014; that following the prayer and the pledge, 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 be in a period of morning business until 12 noon, with Senators permitted to speak therein for up to 10 minutes each, with the time equally divided and controlled between the two leaders or their designees.

Ms. HEITKAMP

Ms. HEITKAMP. Reserving the right to object, I want to first make a couple of points, which as we talk about this, I think it is clear to identify who is the taxing authority. The distinguished and very learned constitutional scholar from the State of Texas knows well that the imposition does not come from this body. The imposition comes from States and local governments which have 10th Amendment sovereign rights. They have the ability to finance their own government. They have the ability to make those decisions. Congress has the right to make decisions on their ability, based on a concept that Congress ultimately has the obligation to control and to deal with interstate commerce. Only in the rarest of circumstances when interstate commerce is critically involved has Congress stepped up. It is very rare that this body, or that any previous Congress, has actually dictated the constraints of that sovereign right of States and local governments under the 10th Amendment to impose their own taxes. I can tell you the RRRR Act is probably one of the most glaring examples. During a time in the 1970s when the railroads were struggling and different kinds of transportation organizations were struggling, we saw this body step up with a unified approach to improving the railroads. Guess what. The railroads got better. The States know now what the constraints are, established by this body, very limited on their ability to do centralized assessments on the railroads. We saw it in something called Public Law 86-272, regarding income taxes--a very narrow exemption to those sovereign rights. Yes, the Internet Tax Freedom Act is an exercise of this body's commerce clause responsibility to take a look at what is in the best interests of moving forward. But let's not forget, what we are doing is a very interesting balance responsibility to improve interstate commerce. So when my distinguished colleague suggests that this body is imposing any tax, that clearly is a misstatement of the facts today. There is no locality, there is no organization, State organization or State body that is required to impose any tax on the Internet or required to impose any tax on sales tax. So, yes, I believe we too need to address the Internet tax moratorium which expires on November 1. But we also need to have a discussion in this context of commerce clause responsibility, to give the States the right to decide whether they are, in fact, going to collect State and local taxes and use taxes. I would remind the Senator, the collection responsibility is on the use tax for remote sales. Congress's responsibility and failure to meet that responsibility, of creating an opportunity to level the playing field for Main Street businesses--what do I say? I tell you if you are selling a widget in North Dakota and you have bricks and mortar and you participate in the society, you provide dollars for the schools, you provide scholarship dollars, you collect a sales tax. But if you are a remote seller, taking advantage of the same marketplace and competing directly against that Main Street business, you no longer have that responsibility. So to suggest that this body, by doing any of this, would be imposing any taxes on mom and pop ignores the fact that the imposition of this tax comes from State and local governments, which all too often my friends on the other side of the aisle say: Closer to the people, the more responsive those State governments are. I would suggest that in the great State of Texas, the current Governor, who is a Republican, certainly has the ability to decide tax policy. The legislatures are Republican and certainly can decide if they want to do any imposition of taxes. So with all of that in mind, I object.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, today I am introducing legislation to help new veterans get information about the programs, benefits and services available to them as they transition back to civilian life. The Connect with Veterans Act will make it easier for cities, counties and tribes, as well as the State Departments of Veterans Affairs, to interact directly with new veterans. Since I joined the Senate in January 2013, I have traveled all across North Dakota, listening to our veterans. One thing I heard, time and time again, was the need for more information about programs and services. Recently, I hosted my first Native American Veterans Summit in Bismarck, ND. One of the things which struck me at the Summit was how the Department of Veterans Affairs and other agencies simply weren't connecting with the veterans who wanted information about health care options and other benefits. It is clear that we, as a society, must do better. In June 2013, I was proud to form the Senate Defense Communities Caucus along with my co-chair, Senator Johnny Isakson. We found that people and communities all across the nation are passionate about helping our military perform its mission. Through my work with the Caucus, I found these communities are equally passionate about helping our veterans as well. I heard, through a close partnership with the Association of Defense Communities, that folks wanted to do more, at the local level, to help veterans. From those ideas, the Connect with Veterans Act was created. It is a simple bill, and one that is entirely voluntary. Separating servicemembers can choose to share their contact information with the communities they are moving to after their military service. Interested cities, counties and tribes can request the contact information for the new veterans moving to their area and then provide them with information about services and benefits. Throughout this process, the veterans contact information will be kept secure. It is critical that we provide veterans with access to the benefits and services they have earned once they leave the military and--knowing what services and benefits are available to them is the first step. This bill will expand the sources of information available to veterans. It is not just the VA that has the responsibility to help veterans. We all share that responsibility. I have heard from North Dakotans, in particular, about how this bill would be incredibly beneficial as many communities in my state have unmet employment needs. Veterans have proven to be great employees. And, with good-paying jobs in North Dakota, this program can provide a way to bring veterans into these open positions. But this bill gives local control of what information is provided to veterans. Communities throughout the nation will be able to make this program fit their needs. Our Nation must do a better job of taking care of our veterans. A great first step is figuring out how best to welcome new veterans into our communities. I know my bill will help that critical process.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, today I am introducing legislation to help new veterans get information about the programs, benefits and services available to them as they transition back to civilian life. The Connect with Veterans Act will make it easier for cities, counties and tribes, as well as the State Departments of Veterans Affairs, to interact directly with new veterans. Since I joined the Senate in January 2013, I have traveled all across North Dakota, listening to our veterans. One thing I heard, time and time again, was the need for more information about programs and services. Recently, I hosted my first Native American Veterans Summit in Bismarck, ND. One of the things which struck me at the Summit was how the Department of Veterans Affairs and other agencies simply weren't connecting with the veterans who wanted information about health care options and other benefits. It is clear that we, as a society, must do better. In June 2013, I was proud to form the Senate Defense Communities Caucus along with my co-chair, Senator Johnny Isakson. We found that people and communities all across the nation are passionate about helping our military perform its mission. Through my work with the Caucus, I found these communities are equally passionate about helping our veterans as well. I heard, through a close partnership with the Association of Defense Communities, that folks wanted to do more, at the local level, to help veterans. From those ideas, the Connect with Veterans Act was created. It is a simple bill, and one that is entirely voluntary. Separating servicemembers can choose to share their contact information with the communities they are moving to after their military service. Interested cities, counties and tribes can request the contact information for the new veterans moving to their area and then provide them with information about services and benefits. Throughout this process, the veterans contact information will be kept secure. It is critical that we provide veterans with access to the benefits and services they have earned once they leave the military and--knowing what services and benefits are available to them is the first step. This bill will expand the sources of information available to veterans. It is not just the VA that has the responsibility to help veterans. We all share that responsibility. I have heard from North Dakotans, in particular, about how this bill would be incredibly beneficial as many communities in my state have unmet employment needs. Veterans have proven to be great employees. And, with good-paying jobs in North Dakota, this program can provide a way to bring veterans into these open positions. But this bill gives local control of what information is provided to veterans. Communities throughout the nation will be able to make this program fit their needs. Our Nation must do a better job of taking care of our veterans. A great first step is figuring out how best to welcome new veterans into our communities. I know my bill will help that critical process.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I wish to honor Merl Paaverud, who is retiring later this year after serving the State of North Dakota for the past 31 years. Merl has dedicated his life and career to documenting and preserving our State's history, and it is only fitting that his retirement culminates as North Dakota celebrates its 125th anniversary. In 1983, Merl began his career with the State of North Dakota as supervisor for the Fort Totten State Historic Site where he had the challenge of managing the upkeep of the 1867 military post. After his service at Fort Totten, Merl was the grants administrator in the Office of Intergovernmental Assistance. From 1993 to 2001, he served as director of the North Dakota Archaeology and Historic Preservation Division. Merl understands the importance of documenting and preserving the lives and stories of our State and its people for future generations. For the past 13 years, Merl has served as the director of the North Dakota State Historical Society. In this position, he led a significant expansion and renovation of the North Dakota Heritage Center and State Museum. Under his leadership, the center has become the ``Smithsonian of the Plains.'' In addition, he has played a pivotal role in the purchase of the boyhood home of Lawrence Welk, which will highlight the region's strong German-Russian heritage along with the important role of agriculture in our State. Merl's passion and commitment to public service has been demonstrated through his service to our country during his time in the U.S. Air Force and in every position he has held throughout his years with the State of North Dakota. This dedication has not gone unnoticed by his peers or the public. His ever present smile and steady leadership will be missed. I want to thank Merl for his years of public service to the people of North Dakota, current and past, and wish him a happy and full retirement.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I am standing with my good friend from the great State of West Virginia, certainly a tremendous legislator and former Governor and someone who knows how to get things done, Senator Shaheen. I know what is happening. I think I have learned at least that much since I have been here, about the rules and how things work. But I also see this body through the eyes of an American citizen. I see two pieces of legislation--one the Keystone Pipeline. The vast majority of people in this country support moving forward with the Keystone Pipeline. It is a critical piece of North American infrastructure. It was critical in the last discussion we had about the disruption and about the horrible conditions in the Middle East. If we haven't learned the lesson, we need to build out our resources right here among our friendly allies in the form of Canada and use our own resources here and then have the ability to use that new energy development for soft power, to actually begin to have a meaningful geopolitical discussion that doesn't involve an addiction to foreign oil. So we think about Keystone Pipeline, and we think about the relationship we have with Canada and the jobs that could be created, but mainly we think about developing the infrastructure that is absolutely essential to the development of our country and the development of our energy resources. We can talk about fuel sources--and that is what my great friend from West Virginia just talked about, having a policy that truly includes all of the above--all of the above, not picking and choosing. Let the market decide. Let's make sure that it is diverse, that we have every opportunity to develop everything we are going to develop. But we have to move that energy, and the Keystone Pipeline is example 1. A lot of the disagreement about the Keystone Pipeline has nothing to do with the pipeline itself. It has to do with the oil sands development up in Canada. When we pick and choose winners and decide we are not going to vote on something, the American people just shake their head and say this makes so much sense, so why isn't the Congress voting. Then let's take the second part of a solid energy policy--``all of the above'' but also conservation, also energy efficiency, also making the best use in a great American tradition, a conservative American tradition of making sure we have the best energy efficiency in the world and having a piece of legislation that guarantees that and creates jobs as a result and saves money for schools and saves money for businesses. All of this makes so much sense, and the American public knows it makes sense. Yet this body cannot find a way forward to take a vote. How frustrating is that? It is frustrating for us here in this body, but it is more frustrating for the American public that watches this display of inability to move forward on critical pieces of public policy that would make a difference not only for our future but the future of the young people here whom I see every day, the future of the young people in my State, knowing that we need to absolutely have an energy policy that works for the future, that is diverse, that recognizes the importance of energy efficiency, and that moves energy. We know we have a huge number of people in this body who support the Keystone Pipeline. Do we have 60 votes? We will find out. Let's take a vote. We know there is tremendous bipartisan support not only for Keystone but for energy efficiency, for the Shaheen-Portman bill. Let's take a vote. Let's actually demonstrate to the American public that we can move forward on what are literally no-brainers, things that absolutely make sense. And those of us who support the Keystone Pipeline, we will find out. We will find out if we can pass it. Think about this: We have a bill here that mandates we approve that little bit of crossing into the United States of America, which is the only way the Federal Government really gets involved in it, is because it is coming from a foreign country--approves that. Maybe we win, maybe we lose, but we will know where we are. The administration has taken 6 years to evaluate the Keystone Pipeline--longer than it took us to fight World War II. There is something dramatically wrong with that. So frustration builds. We know we need to move on the Keystone Pipeline. We need to have a strong vote. Let's take that vote. Let's take the vote on Shaheen-Portman. It is a critical piece of legislation--well-thought-out--and comes right out of committee where lots of amendments were offered, where there was the ability to have a dialogue. It comes about the right way with the bill sponsors standing on the floor answering questions and debating what the bill does. Yet because of this impasse--because of whatever happens behind closed doors that the American public doesn't see--they only look at what they see happening in the debate here and wonder why. I support Senator Shaheen in her efforts to promote this bill. This will not be the first time we have come and asked this. We will continue to do everything we can to move a vote forward on Shaheen- Portman, to move a vote forward on the Keystone Pipeline, and start getting the work done for the American people. I yield the floor.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I ask unanimous consent that Anne Marie Lewis, a fellow in my office, be granted floor privileges for the duration of today's session in the Senate.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, on December 30, 2013, outside of Casselton, ND, a train carrying crude oil derailed setting off a series of explosions and fire. The first on the scene that day were our local first responders from the Casselton Fire Department, a small volunteer department. Whether floods, tornados, accidents, or man-made incidents, our local first responders are on the front line and we need to make sure they are trained and prepared to handle anything that may come their way and that they have the equipment necessary to do their jobs effectively and efficiently. The incident in Casselton and others across the country have shined a bright light on the need to make sure our local first responders are prepared specifically for emerging threats and hazards. Only a few short years ago, trains carried very little crude. And when crude was carried by rail, it was in relatively small amounts mixed in with a variety of other commodities and container shipments. Since that time, our country has experienced impressive economic growth in the oil industry, but with that important growth we have seen an exponential increase in shipments of crude by rail. According to the Association of American Railroads, the number of carloads carrying crude oil on major freight railroads in the U.S. grew by more than 6,000 percent between 2008 and 2013. Now, we are seeing entire trains of linked tanker cars carrying more than half a million barrels of crude to market. As we witnessed in Casselton, had the first responders not had the training they did, this disaster could have been much worse. It's important that our local first responders have access to training to prepare them for these emerging threats and hazards. Traffic continues to increase on our rail system, and we must make sure local first responders in our communities are equipped to respond quickly and appropriately. To improve first responder training, I am introducing the RESPONSE Act to bring together relevant agencies, emergency responders, technical experts and the private sector under FEMA's National Advisory Council to review the training, resources, best practices and unmet needs on emergency response to railroad hazmat incidents, including crude oil transport. This group would be tasked with reviewing current training, funding, existing emergency response plans and providing recommendations on steps to enhance emergency responder training and improve the allocation of resources to meet the needs. Our local first responders are on the front lines and will be the first to respond in an emergency. We need to make sure they are equipped with the knowledge and training to protect our communities. I hope my colleagues will join me in this effort.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, on December 30, 2013, outside of Casselton, ND, a train carrying crude oil derailed setting off a series of explosions and fire. The first on the scene that day were our local first responders from the Casselton Fire Department, a small volunteer department. Whether floods, tornados, accidents, or man-made incidents, our local first responders are on the front line and we need to make sure they are trained and prepared to handle anything that may come their way and that they have the equipment necessary to do their jobs effectively and efficiently. The incident in Casselton and others across the country have shined a bright light on the need to make sure our local first responders are prepared specifically for emerging threats and hazards. Only a few short years ago, trains carried very little crude. And when crude was carried by rail, it was in relatively small amounts mixed in with a variety of other commodities and container shipments. Since that time, our country has experienced impressive economic growth in the oil industry, but with that important growth we have seen an exponential increase in shipments of crude by rail. According to the Association of American Railroads, the number of carloads carrying crude oil on major freight railroads in the U.S. grew by more than 6,000 percent between 2008 and 2013. Now, we are seeing entire trains of linked tanker cars carrying more than half a million barrels of crude to market. As we witnessed in Casselton, had the first responders not had the training they did, this disaster could have been much worse. It's important that our local first responders have access to training to prepare them for these emerging threats and hazards. Traffic continues to increase on our rail system, and we must make sure local first responders in our communities are equipped to respond quickly and appropriately. To improve first responder training, I am introducing the RESPONSE Act to bring together relevant agencies, emergency responders, technical experts and the private sector under FEMA's National Advisory Council to review the training, resources, best practices and unmet needs on emergency response to railroad hazmat incidents, including crude oil transport. This group would be tasked with reviewing current training, funding, existing emergency response plans and providing recommendations on steps to enhance emergency responder training and improve the allocation of resources to meet the needs. Our local first responders are on the front lines and will be the first to respond in an emergency. We need to make sure they are equipped with the knowledge and training to protect our communities. I hope my colleagues will join me in this effort.

Ms. HEITKAMP

Ms. HEITKAMP. Will the Senator from New Hampshire yield for a question?

Ms. HEITKAMP. I am obviously not as schooled in the procedures of the Senate, but I want to better understand what happened here. Obviously the Senator moved to bring forward a bill she and Senator Portman worked tirelessly on, which is critical to jobs in America and to energy efficiency, while also agreeing to allow a number of amendments, which included an amendment this Senator would have loved a vote on, the Keystone Pipeline. Obviously I don't believe the Senator and I share the same opinion, but I think it is important to have a discussion about it. With all of the discussion about how we are not moving legislation forward in the Senate, I am curious as to why someone would object to that consideration and moving that bill forward. It seems as though it is a reasonable and appropriate consequence.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I want to express my gratitude to the Senate pages that have served the Senate these past few months. The job of a Senate page is very important to the operations of the Senate and it comes with many responsibilities. These young high school students dedicate their time and talents to serve the Senate and help us carry out our duties while at the same time attending classes. I am grateful for the hard work they do each day to help make the Senate run smoothly and efficiently. Their willingness to serve their country and this body is deeply appreciated. I want to express my personal thanks to each one of these pages: Olivia Alvarado, Alaska; Alexis Berry, Michigan; Peyton Cuzzart, Kentucky; Cally Decherd, Texas; Jim Devers, Oklahoma; Sonja France, Montana; Seth Glidewell, Alabama; Cole George, Alaska; Ammishaddai Grand-Jean, Georgia; Brandon Greene, Rhode Island; Susie Hawthorne, Montana; Jack Hostager, Iowa; Ashton Hunter, Nevada; Kathryn Jason, Alabama; Isaac Karlan-Mason, Vermont; Bowie Lam, Maine; Jason Lin, Hawaii; Layton Little, Mississippi; Dorothea Mosman, Oregon; Jody Ostrander, Nevada; Lucas Reed, Kentucky; Michael Regard, Kentucky; Riley Sanborn, Virginia; Grace Schaub, Pennsylvania; Adele Schenk, Illinois; Jordan Shub, Pennsylvania; Madeline Toy, Tennessee; Colton Williams, Utah; and Miriam Young, Connecticut. I am so very proud of each and every one of them and commend them for their dedication and commitment. I, along with the entire Senate, wish them all the best in their future endeavors.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I rise today to discuss the important issue of foster care and the need to recruit, retain and support foster families. What better time than during National Foster Care Month. Foster parents make a significant and meaningful difference in the lives of so many vulnerable children by opening their hearts and homes. But we continue to struggle to recruit and retain enough foster families to ensure each child is placed in a family-like setting. This is particularly true for Native American kids who are in foster care at rates dramatically higher than others. Caring for a child in foster care can be more expensive than caring for one's own biological children. Children placed into foster care often have experienced significant emotional and physical trauma and have higher incidences of medical and behavioral health issues, resulting in additional costs to parents. Unfortunately, too many caring foster parents struggle financially because Federal and State programs that reimburse parents for a child's daily living costs do not provide for the real cost of caring for the child. A 2007 study of State foster care programs, conducted by the University of Maryland School of Social Work, Children's Rights, and the National Foster Parent Association, found that current foster care rates would have to increase on average 36 percent nationwide to provide for basic care. A 2002 report by the Department of Health and Human Services' Inspector General found that foster parents' expenses often exceed foster care reimbursement rates, leading foster parents to pay out-of- pocket to meet foster children's basic needs. Some benefits already exist in the current tax code to support these families, but few are aware of their existence or utilize them. Today I am introducing the Foster Care Tax Credit Act to provide additional tax relief for foster families to help cover the actual costs of caring for a foster child. This legislation also requests additional outreach and education by the Department of Health and Human Services to better equip State and Tribal foster agencies and foster families to take advantage of all tax benefits available. I thank my colleague, Senator Kaine, for joining me in this effort. As we continue working towards the goals of improving child welfare, I hope more of my colleagues will join me in seeking to provide additional support for families caring for foster children.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, I rise today to discuss the important issue of foster care and the need to recruit, retain and support foster families. What better time than during National Foster Care Month. Foster parents make a significant and meaningful difference in the lives of so many vulnerable children by opening their hearts and homes. But we continue to struggle to recruit and retain enough foster families to ensure each child is placed in a family-like setting. This is particularly true for Native American kids who are in foster care at rates dramatically higher than others. Caring for a child in foster care can be more expensive than caring for one's own biological children. Children placed into foster care often have experienced significant emotional and physical trauma and have higher incidences of medical and behavioral health issues, resulting in additional costs to parents. Unfortunately, too many caring foster parents struggle financially because Federal and State programs that reimburse parents for a child's daily living costs do not provide for the real cost of caring for the child. A 2007 study of State foster care programs, conducted by the University of Maryland School of Social Work, Children's Rights, and the National Foster Parent Association, found that current foster care rates would have to increase on average 36 percent nationwide to provide for basic care. A 2002 report by the Department of Health and Human Services' Inspector General found that foster parents' expenses often exceed foster care reimbursement rates, leading foster parents to pay out-of- pocket to meet foster children's basic needs. Some benefits already exist in the current tax code to support these families, but few are aware of their existence or utilize them. Today I am introducing the Foster Care Tax Credit Act to provide additional tax relief for foster families to help cover the actual costs of caring for a foster child. This legislation also requests additional outreach and education by the Department of Health and Human Services to better equip State and Tribal foster agencies and foster families to take advantage of all tax benefits available. I thank my colleague, Senator Kaine, for joining me in this effort. As we continue working towards the goals of improving child welfare, I hope more of my colleagues will join me in seeking to provide additional support for families caring for foster children.

Ms. HEITKAMP

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

Ms. HEITKAMP. Mr. President, today I wish to honor and pay tribute to our men and women who serve this country every day as America's peace officers. This week is National Police Week. Back in 1962, President Kennedy designated May 15 as Peace Officers Memorial Day. This is the day we take pause and thank those peace officers who help us every day to keep our families safe, and keep our streets safe, and keep law and order so that we can live the lives we live in the United States of America. Our law officers wake up every morning and put on a uniform to show us they are with us. It is a symbol they wear proudly and we look up to. They are here to protect our communities, our families, and, in fact, every one of us. That is a tall order. They frequently place themselves in dangerous situations. Every day perhaps a wife, perhaps a child, perhaps a mother or whoever is in their family watches them walk out the door and wonders: Will they return safely? Few among us know what that is--what it is to make a life-and-death decision, to put your life on the line every day as you are working on behalf of the people of your community and the people of your country. Today is also a day where we pay tribute to those officers who have made the ultimate sacrifice in the line of duty, those men and women who swore an oath to serve and protect their communities and, in the course of doing so, lost their lives. This afternoon I attended the National Peace Officers' Memorial Service on the lawn outside the Capitol. Just as we paid tribute to our fallen officers there, I wish to do the same on the Senate floor. These men and women take their duties to serve and protect very seriously, and they make this Nation, as a result, a better place for all of us. When I served as North Dakota's attorney general in the 1980s I had the privilege and, in fact, the honor to work side-by-side with the men and women of our State's law enforcement community. They were highway patrolmen, State and local officers, various Federal officers, and tribal police. It was a job that I truly began to appreciate--the job of law enforcement--that hard work they engage in to serve our State. I can say without a doubt they were the finest public servants I have ever had the honor to stand side by side with. During that time I also experienced the absolute heartbreak of losing officers in the line of duty. Today I want to recognize two of those officers. They are Deputy Sheriff Valence LeeWayne Pascal from the Benson County Sheriff's Office: On August 26, 1993, Deputy Pascal executed a warrant for an arrest in Leeds, ND. He took the individual into custody for failure to appear in court on a DUI charge, a fairly routine practice for a deputy sheriff. While the deputy was sitting in the front seat of his patrol car, the individual in the back seat leaned forward and shot him. He died the next day, August 27, 1993. And I also want to recognize Senior Patrol Officer Keith Allen Braddock of the Watford City Police Department. Responding to a call over an enraged patron at a local bar in Watford City, Officer Braddock arrived on the scene when the man returned with two rifles and opened fire on Officer Braddock. Despite being wounded, Officer Braddock returned fire, hitting the man in a leg and preventing any further casualties. He succumbed to his wounds at the scene and died early that morning on March 20, 1996. When I became attorney general, I formed a lasting bond with those officers, remembering never to forget. As I stood in that leadership role at funerals and at services, watching the parade of police officers, sheriffs' departments, and deputies pay their respect, I told myself: Remember, never forget. Never forget that they had families, that these two officers had someone in their lives who mattered to them. The children's parents will never see them walk the aisle. Those children will never see their parents be grandparents. Yet this in the line of duty. Today is a special day in this Capital City. It is a special day across America when literally hundreds of law enforcement officers gather at memorial walls with names on them, similar to the one that is on the capitol grounds in North Dakota, and where people gather to remember how truly grateful we should all be for the people who stand on the line. They protect our freedom, they protect our safety, and some of them don't make it home as a result. I believe that we owe all of the men and women who have sacrificed a great debt of gratitude, and today I bring my voice to express my appreciation for and remembrance of the wonderful people of America's law enforcement community. I yield the floor, and I suggest the absence of a quorum.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, first I want to say what an honor it has been for me to participate in any amount of leadership on this issue here on the floor of the Senate with such incredible leaders as Senator Alexander, Senator Enzi, and Senator Durbin, who have long recognized the injustice that is being done to Main Street businesses and the problems we have in terms of States rights and making sure we maintain a system that recognizes the value of States rights and the value of a State prerogative so they can make their own taxing decisions without interference from the U.S. Senate or anyone in the Federal Government. As Senator Alexander has explained, when I first came to this body, Senator Durbin suggested to his staff that they try to find out where I would be on this issue because my predecessor, Senator Dorgan, had been very active with this coalition of leaders on addressing this problem, and his staff suggested that he might want to read the caption on the Quill case since there was the name ``Heidi Heitkamp'' in that caption. The reality is that back in the late 1980s and early 1990s, we saw this phenomenon of increased catalog sales. I am not talking about companies such as Sears that had a physical presence in the community and could thereby collect sales taxes but more and more boutique types of catalogs. There was more and more competition coming from catalogs. I had more and more Main Street businesses coming to me as the tax commissioner asking: How is this fair? How is it fair that I started my little business--whether it was a wallpaper business or a fabric business, whatever it was--and people come to my store and look at my sample books that I actually have to pay for, test out the quality of the fabric, take a lot number, and leave and order it from the catalog? That was a pretty horrible thing to happen to Main Street businesses back in the late 1980s. Can you imagine walking into a Main Street business now and not only getting advice and information on how the product operates and what the warrantees are--not to mention all the training these Main Street businesses have given their employees--but then taking a snapshot of a barcode so you can order it on the Internet right there in the store? I can only imagine how discouraging this is for Main Street businesses. It is unfair to Main Street businesses when they are asked to support their communities, such as putting the ad in the little high school newspaper or contributing to a football billboard or the local fire department so they can serve their communities. If you think of all the things Main Street businesses do, they are not just involved in retail, they are involved in communities. Yet those Main Street businesses are not asking for an unfair advantage; they are asking for fairness and equity. They are asking that when sales tax rates have gone up from 8 percent to 9 percent because the base dwindles--you have to raise the rate in order to collect the same amount of money--they are being basically taxed out of the marketplace through this unfair advantage that remote sellers have against them by not having the obligation to collect a tax that is honestly already owed. I want to reiterate a couple of points Senator Alexander was making because I think it is so important. One of the arguments we hear consistently about marketplace fairness is that it is a Federal imposition of a tax. Nothing could be further from the truth. This is a tax that is already owed. This is a tax that is owed to the States. It is owed by the people who make these purchases--a sales and use tax. We are doing nothing more than telling every State: If you want to pursue Main Street fairness, you have a path forward. If a State doesn't want to tax or put a collection responsibility on remote sellers, there is nothing in this bill that requires them to do that. This is a States rights bill, but it is also a fairness to Main Street businesses bill. It is a bill that would make sure that the promise of an equitable tax system in this country is fulfilled. This bill is a promise that if you play by the rules and do everything the way you should as a business, no one is going to get an advantage over you, and we are going to level the playing field. There is no level playing field when somebody has a 10-percent advantage over you simply because you actually invested in a community, put up bricks and mortar, trained a sales force, and yet you are going to be the disadvantaged one. When we started this a year ago, we were joined by all manner of retailers, but I will never forget the story of a young woman who had a dream. She loves animals and pets. She trained herself in pet nutrition and opened a pet nutrition store in Missouri--it might have been Kansas or Missouri because it was in the Kansas City area. When you combine State and local taxes where her business is located, the tax rate was 9 percent. People would come to her store and explain the ailment or condition of their pets, and her very excellent sales staff would tell them what product was best for their cat or dog. She knew when they walked out, they simply ordered it on the Internet because she could not give them a 10-percent discount. That is what happened in her business. We told her that if she had a small Internet business with $1 million in sales, she would have to collect taxes too. She said: I would be so happy to collect a sales tax if I had $1 million in Internet sales; that would mean I was winning. If you think about that and the mom-and-pop businesses--just a couple of kind of myth-breaking things about how this is truly going to affect small business. This is not going to have any effect at all on any business if we pass the bill we passed that has gross sales below $1 million. We have a threshold. The other myth is that they are going to be subjected to millions of audits and millions of tax rates. The streamlined process has proven over and over that this is not higher math. We can get this done. I have a story from the time we did the original Quill case. It got a lot of national attention, and there was a lot of discussion about this. I had a reporter from the Omaha World Herald call me. He said he had just called a major retailer to order some new shirts, and the retailer he was talking to had been very active in opposing the Quill case and very active in opposing what we were trying to do. One of their arguments was that they could not possibly know the tax rate on that shirt in his jurisdiction. When he ordered his shirt, he told the person on the other end of the phone his size, and that person said: You know, maybe you want to check because last time you ordered, it was a size 15. This reporter said to me: If they can know my shirt size, they could probably figure out the tax rate of the jurisdiction I live in. Think about it. It has only gotten easier. One of our major retailers, which is adamant about how this would be the most horrible and onerous thing, offers a package for $15 if anyone wants to collect the tax. The other fallacy here and one of the myths I want to break is that if I went to sell my old used lawnmower on the Internet, I would be subjected to sales tax. I think it is only natural that this body doesn't have a lot of experience in sales taxation. It is not what we do. It is what State and local governments do. It is what people who had my former job do. However, there is such a thing as casual sales. If are you not in the business of being a retailer in every State, you have no collection responsibility. It is only retailers, only people who are in the business of retailing and only people who have retail sales over $1 million who would be affected. And we have streamlined the process. We have made this possible. It is a small thing to ask for us to take an action in this body and in the House of Representatives to tell Main Street businesses that they still matter in the marketplace and that we are going to listen to them and we are going to do everything we can to get them fairness and justice in our tax system. So, again, I congratulate the excellent leadership that has come before me on this floor on this issue. I pledge once again to do everything we can to get this marketplace fairness done in this Congress so that our Main Street businesses don't have to wait a day longer for tax justice in this country. I yield the floor.

Ms. HEITKAMP

Ms. HEITKAMP. Thank you so much. I want to thank our great friend and great leader from the State of Maryland for continuing her hard work. I wonder if she ever wakes up in the morning and wonders when it is ever going to be done. When are we going to see justice? I am sure she has learned over the years that until you stand up every day and live a life where you are trying to make positive change in America, it doesn't get done. She is somebody who has never given up. It is interesting that North Dakota, as West Virginia, is one of those States where women earn less than men, and below the national average less than men. When we look at the national average and 77 percent, that is a horrible statistic. But what is really horrible is if you live that statistic. Not one person in this body lives that statistic. We are all treated equally. It doesn't matter what gender we are. If we are Members of Congress, we are treated equally. Imagine the outpouring of sympathy and support if we got 77 percent of a male's salary. We would think that was atrocious. We would think how could that possibly happen in America. But it happens every day in America. It happens every day for working women who are supporting their families, women who go to work 40, 50 or 60 hours to support their families and to improve the economies of their State. And they keep spinning their wheels. They keep working at trying to change this and don't seem to get any further ahead. How many of us could take a 25- percent reduction in salary? That is really what we are asking every woman in America to do--not across the board but certainly on average-- asking every woman in America to take a 25-percent reduction in her salary. That is not fair, and it should not be the facts of 2014. It should not be the way things are. There has been a lot of discussion around the opportunities for women, and obviously we have grown. You cannot see 20 women in the Senate and not think that we are making some progress. But we have to think not only about women in professional occupations but women who are school cooks and janitors, such as my mother. The women who are working every day at the diner to put food on their family's table and food on the tables of their patrons. So when we are talking about this, I must also mention the need for an increase in the minimum wage, which is a topic for further discussion on the floor. I would like to remind my fellow Senators that the current minimum wage, which is overrepresented by women in terms of the number of people earning minimum wage, is less than 9 percent of a congressional salary. We have people in this body who think that the salary they receive is inadequate, but we expect people to work 40 hours a week for the minimum wage. Even if you had two minimum wage jobs--think about it--working 40 hours a week on two of those minimum wage jobs, you still would make less than $32,000 a year working 80 hours a week. That is the story of many women in this country. When we were growing up and women were in the workforce, it used to be they were working for that extra income. There was this excuse given over and over: She is just supplementing the income, and the man is the breadwinner. She is earning a little extra so she can buy a refrigerator or whatever it is. That is not the reality of today. The reality of today is that more women are the primary or the sole breadwinners for their family. We have to correct this problem. I have listened to the debate on the other side saying there are other ideas on how to do this. This won't promote or give a way forward for change. These are the same people who think if you just maintain the status quo, somehow things will magically change in the Senate. After 20 or 30 or 40 years of this struggle, what would suggest to us that we are going to get parity if we don't take some pretty proactive action here in the Senate and in the Congress to say that what a woman does is valuable and it is at least as valuable as what a man does in the exact same job. That is who we are in this country. We are gender neutral, and that is what we are trying to do. We are trying to maintain gender neutrality, maintain a good economy because we know if we put more money into women's family budgets, that money is going to go out and grow our economy even more. The bottom line is this. Let's have a little sympathy in this body for people who earn less than 20 percent of what a Senator earns. Let's give them a show of support, a thank you from a grateful country for the hard work they put in every day. Let's tell them that the words in the Constitution and the promise of equality are still not realized, but we can work together to make that a reality in their lives. Thank you. I yield the floor.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, our kids spend at least 7 hours a day at school working, learning, growing, and trying to build themselves into the people they want to grow up to become. It is our job to help them. That means giving them the education they deserve. It means giving them the support they need to keep working hard. And it means making sure they get healthy meals to keep them strong and to give them the fuel they need to focus in class. That is why Senator Susan Collins from Maine and I introduced the School Food Modernization Act, which would help schools provide healthier meals to students in North Dakota and throughout the country. This bill would continue ongoing efforts to provide healthy meals for our children during the school day and make sure schools have the resources they need to get the most nutritious food to students. Providing healthy meals is particularly important as childhood obesity rates in the U.S. have tripled over the last three decades. More than 23 million adolescents and children in our country--nearly 1 in 3 young people nationwide--are obese or overweight. According to the American Heart Association, it is the No. 1 healthy concern among parents--more than drug abuse and smoking. Even in my State of North Dakota, which is consistently ranked as one of the healthiest States in the country, more than 1 in 8 adolescents are overweight or obese. Improving the nutritional quality of school meals can help fight the obesity epidemic, putting children on strong footing to prevent long- term health concerns related to obesity, such as diabetes, heart disease, and stroke. In 2010, Congress passed the Healthy and Hunger Free Kids Act to improve the school nutrition standards. It made important improvements to nutrition standards in school meals, but was not perfect. Most importantly, it mandated school lunch requirements without offering real support to reach those standards. Senator Collins and I are working to improve these standards in order to provide greater flexibility to school meal planners to make sure they can provide students with the nutrition they need in workable fashion. We are also offering grant assistance to help schools get resources to comply with standards. Another way we can help provide more nutritious meals to students is by providing our schools with the necessary tools to prepare meals and store fresh produce. While nutritional standards for meals served in our schools have increased considerably, support for schools to implement these important changes has lagged behind. Many school kitchens were built decades ago and designed with little capacity beyond reheating and holding food for dining service. In fact, according to the Pew Charitable Trusts, 74 percent of school districts in North Dakota need at least one piece of kitchen equipment to better serve healthy meals. We can do better than that. The legislation we introduced would give schools greater access to the equipment they need to prepare healthy meals, reduce waste, and make resources stretch further. Specifically, our legislation would provide targeted grant assistance to school administrators and food service directors to upgrade kitchen infrastructure or purchase high-quality, durable kitchen equipment such as commercial ovens, steamers, and stoves. Additionally, our legislation would establish a loan assistance program within USDA to help schools acquire new equipment to prepare and serve healthier, more nutritious meals to students. School administrators and other eligible borrowers would be able to obtain Federal guarantees for 90 percent of the loan value needed to construct, remodel, or expand their kitchens, dining, or food storage infrastructure. Finally, our legislation would strengthen training and provide technical assistance to aid school food service personnel in meeting the updated nutrition guidelines. Not every school food service employee is equipped with the expertise to comply with healthier meal and food preparation standards. Our bill authorizes USDA to provide support on a competitive basis to highly qualified third-party trainers to develop and administer training and technical assistance. USDA has a long history of providing support for schools to upgrade meal preparation equipment; however, this support has been sporadic and unreliable for long-term planning. And in recent years, the demand for support has been great with requests for assistance far outpacing availability. As the Senate agriculture committee begins to consider reauthorization of the school nutrition program, I look forward to working with my colleagues on improving school meal offerings and providing schools with the tools needed to give our children the nutritional fuel necessary to learn and grow. As the daughter of a school cook, I understand the work that goes into preparing many healthy meals each day for kids, and this bill would help make limited resources stretch as far as possible to provide support to communities that need it in North Dakota and throughout the U.S. That just makes sense for our students, parents, teachers, and school cooks.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, today I am introducing the Advanced Clean Coal Technology for Our Nation (ACCTION) Act. This bill seeks to remedy one of the main impediments to the development of advanced clean coal technologies, in particular carbon capture and sequestration, CCS, by laying out concrete funding mechanisms to encourage investment, innovation, and collaboration between the Federal Government and companies looking to build the next generation of coal-fired power plants in this country. The Federal Government continues to put in place regulations that seek to further reduce emissions from our nation's coal-fired power plants, yet they provide little to no incentive for utilities and other coal stakeholders to invest in and develop advanced clean coal technologies. The Federal Government invests heavily in our renewable resources and provides an environment for oil and gas producers, efforts that I wholeheartedly support. However, if we are to truly invest in an all- of-the-above energy policy that will provide the most robust and diverse portfolio of energy sources then we must find a path forward for coal-fired power. The ACCTION Act will put coal back on a level playing field with our other resources by incentivizing technologies that reduce the carbon footprint of coal-fired power through Federal funding programs, offering Federal support for private investment, and putting forth recommendations on how best to support future CCS projects in the United States. The ACCTION Act will increase Federal investment in clean coal technology by: developing large-scale carbon storage programs to support the commercial-scale application of enhanced oil recovery and geologic storage of carbon dioxide; increasing access to and streamlining existing Federal funding programs for coal projects and; revamping existing research and development programs for advanced coal, and carbon capture and sequestration technologies by including transformational coal-related technologies; increasing to 30 percent the current tax credit for carbon sequestration from coal facilities; establishing a variable price support for companies that capture CO2 for use in enhanced oil recovery operations; creating clean energy coal bonds to provide tax credits for coal-powered facilities that sequester CO2 or meet efficiency targets; and requiring reports and recommendations to Congress on existing carbon capture projects and how those projects can be duplicated with a combination of public and private financing. The ACCTION Act takes into account two very important realities and attempts to address the seemingly divergent points by looking for a solution. First, the climate is changing, and we need to recognize we will be functioning in a carbon constrained world moving forward. We will have to continue to innovate and look for new ways to reduce emissions while at the same time meeting our energy needs. Second, coal is not going anywhere. The Energy Information Administration has stated that coal will still be providing a third of our electricity decades into the future. If we continue to support and invest in advanced technologies, coal will remain in the energy mix for decades beyond that. Finding a path forward for coal is critical for our Nation and my State. North Dakota is one of the top ten states for percentage of our electricity generated from coal, with coal-fired power providing almost 80 percent of the State's electricity needs. At the same time, our state maintains some of the lowest rates per kilowatt-hour in the Nation. North Dakota is also one of the top 10 coal producing States in the Nation. It is estimated that over 4,000 North Dakotans were directly employed as a result of lignite-related coal activities in 2012, and as many as 13,000 other jobs in the state were supported indirectly by the lignite coal industry. Coal use continues to increase around the world, and if the United States wants to truly be a leader on emissions reduction and advanced energy technologies, then we must be fully committed in investing the necessary funding and resources to develop and implement clean coal technologies here and abroad. These efforts will come with significant costs, and will not happen overnight, but we must take the necessary steps now to further reduce emissions while providing a path-forward for coal-fired power. Coal-fired power remains the most reliable, redundant, affordable source of electricity for major portions of this country. Coal remains an abundant resource in this country. The ACCTION Act lays out a path- forward for coal-fired power and advanced clean coal technologies, and I hope my colleagues will join me in this effort.

Ms. HEITKAMP

Ms. HEITKAMP. Mr. President, today I am introducing the Advanced Clean Coal Technology for Our Nation (ACCTION) Act. This bill seeks to remedy one of the main impediments to the development of advanced clean coal technologies, in particular carbon capture and sequestration, CCS, by laying out concrete funding mechanisms to encourage investment, innovation, and collaboration between the Federal Government and companies looking to build the next generation of coal-fired power plants in this country. The Federal Government continues to put in place regulations that seek to further reduce emissions from our nation's coal-fired power plants, yet they provide little to no incentive for utilities and other coal stakeholders to invest in and develop advanced clean coal technologies. The Federal Government invests heavily in our renewable resources and provides an environment for oil and gas producers, efforts that I wholeheartedly support. However, if we are to truly invest in an all- of-the-above energy policy that will provide the most robust and diverse portfolio of energy sources then we must find a path forward for coal-fired power. The ACCTION Act will put coal back on a level playing field with our other resources by incentivizing technologies that reduce the carbon footprint of coal-fired power through Federal funding programs, offering Federal support for private investment, and putting forth recommendations on how best to support future CCS projects in the United States. The ACCTION Act will increase Federal investment in clean coal technology by: developing large-scale carbon storage programs to support the commercial-scale application of enhanced oil recovery and geologic storage of carbon dioxide; increasing access to and streamlining existing Federal funding programs for coal projects and; revamping existing research and development programs for advanced coal, and carbon capture and sequestration technologies by including transformational coal-related technologies; increasing to 30 percent the current tax credit for carbon sequestration from coal facilities; establishing a variable price support for companies that capture CO2 for use in enhanced oil recovery operations; creating clean energy coal bonds to provide tax credits for coal-powered facilities that sequester CO2 or meet efficiency targets; and requiring reports and recommendations to Congress on existing carbon capture projects and how those projects can be duplicated with a combination of public and private financing. The ACCTION Act takes into account two very important realities and attempts to address the seemingly divergent points by looking for a solution. First, the climate is changing, and we need to recognize we will be functioning in a carbon constrained world moving forward. We will have to continue to innovate and look for new ways to reduce emissions while at the same time meeting our energy needs. Second, coal is not going anywhere. The Energy Information Administration has stated that coal will still be providing a third of our electricity decades into the future. If we continue to support and invest in advanced technologies, coal will remain in the energy mix for decades beyond that. Finding a path forward for coal is critical for our Nation and my State. North Dakota is one of the top ten states for percentage of our electricity generated from coal, with coal-fired power providing almost 80 percent of the State's electricity needs. At the same time, our state maintains some of the lowest rates per kilowatt-hour in the Nation. North Dakota is also one of the top 10 coal producing States in the Nation. It is estimated that over 4,000 North Dakotans were directly employed as a result of lignite-related coal activities in 2012, and as many as 13,000 other jobs in the state were supported indirectly by the lignite coal industry. Coal use continues to increase around the world, and if the United States wants to truly be a leader on emissions reduction and advanced energy technologies, then we must be fully committed in investing the necessary funding and resources to develop and implement clean coal technologies here and abroad. These efforts will come with significant costs, and will not happen overnight, but we must take the necessary steps now to further reduce emissions while providing a path-forward for coal-fired power. Coal-fired power remains the most reliable, redundant, affordable source of electricity for major portions of this country. Coal remains an abundant resource in this country. The ACCTION Act lays out a path- forward for coal-fired power and advanced clean coal technologies, and I hope my colleagues will join me in this effort.

Ms. HEITKAMP

Ms. HEITKAMP. Madam President, I am pleased to honor and recognize the Little Country Theatre at North Dakota State University as it celebrates its 100th anniversary. Founded in 1914 by a small group of drama students, the Little Country Theatre has inspired, challenged, and educated countless students, faculty, and community members across North Dakota. Today, the Little Country Theatre is well recognized and respected for its diverse programming and for bringing the gift of theater to the public. Over the last 100 years, the Little Country Theatre has presented hundreds of plays throughout North Dakota. It is celebrating its 100th season with several special events, including the screening of a documentary on the rich history of the theater, its faculty, its leaders and its impact on the community. In addition, the group will be performing classic stories such as Oklahoma and Shakespeare's Love's Labour's Lost and hosting many thought-provoking discussions. The Little Country Theatre is a fixture on the North Dakota State University campus and serves as an important hub for current students by helping them understand the great value of theater and performance art. But its impact can be felt well beyond the stage and campus. It has spread the joy of the theater to rural communities across the State, while inspiring the next generation of actors and actresses. I am proud to acknowledge and honor this significant milestone for the Little Country Theatre. I ask the Senate to join me in congratulating the Little Country Theatre on its first 100 years and in wishing continued success in the future.