Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Madam President, I listened to Senator Grassley's remarks, and I have been in conference with folks who have read this budget line by line. It is important for me to say something as someone who represents the largest State in the Union. As I look at this budget and it is how one looks at it--I see it as a boon to small business. I don't see one specific tax increase aimed at small business. Yes, if an individual is over $250,000 a year, for all of us in that category, the tax breaks will expire. But to say that all small businesses are hit hard is an argument that doesn't hold up, in my eyes. I have great respect for my friend, and I know he has analyzed it another way. But when I look at the priorities of the new President and of this Democratic Congress, what do I see? Here are the priorities. Investment in energy, that is going to be great for small business. Talk to my venture capitalists. They are ready, willing, and able to make huge commitments to alternative forms of energy. Investment in education, that is also going to be good for people who work in the education field. And health care, we know that as we have more insurance out there available for people, there will be many jobs created and many small businesses created around the delivery of health care. I guess the way one looks at this budget depends on their point of view. Clearly, I believed our President, when he said he had those priorities. I view this budget overall as being a boon to small business and being a boon to the American people as we move forward with investments that will create many jobs. The reason I wanted this time in particular was to kind of reargue an old argument we already had once before and that has come before us. Senator Johanns wants to have another vote to say we won't use the reconciliation process which, for people who don't know what that means, we won't use a process that we only need a majority to win. We are going to use the 60-vote requirement to write and pass global warming legislation. I know this is going to pass because it passed before. I think most Members believe if we can get 60 votes for climate change legislation, fine. But I have to say again, after reviewing the number of times the Republican Party has used reconciliation since 1980, it has been 13 times out of the 19 times that reconciliation has been used. I would say to people who might be listening to this, to try to keep it as simple as possible: Reconciliation is used when there is a way to reduce the deficit. That is when it is used. You want to reduce the deficit so you say: Therefore, if you are reducing the deficit, we will do it with just a majority vote instead of a supermajority vote. That is the thinking behind it. A cap-and-trade program, which many of us support in order to combat global warming, will give us the ability to reduce the deficit. We know that because that is what we were told last year as we worked on the Boxer-Lieberman-Warner bill. Much of the funds went back to consumers to help them pay energy costs. But there was a segment of funds that went straight into deficit reduction. But, no, my Republican friends don't want to look at that. Even though they used this 13 times, they want to prohibit the use of reconciliation for global warming legislation. As I look back on the number of times Republicans have used reconciliation, in my view, it didn't make life any better for the American people. This is what they used it for. They used it to cut health program block grants to our States. They used it to cut Medicaid. They used it to cut food stamps. They used it to cut dairy price supports. They used it to cut energy assistance. They used it to cut education grants. They used it to cut impact aid and title I compensatory education programs for disadvantaged children. They used it to cut student loans. They used it to cut the Social Security minimum benefit. Our friends on the other side were very happy to use the reconciliation process, which only required 51 votes, to hurt the American people. That is what I think those cuts did. But when it comes to helping the American people by stepping up to the plate and addressing global warming and, in the course of doing so, creating millions of new jobs, no, they want to have a supermajority. Senator Johanns showed us he can get the votes to pass that. I know he will. That is why I am so grateful to Senator Stabenow, who has said: OK, you want to say we won't use reconciliation. She is saying: We will, in fact, keep the reserve fund in there for global warming so we can move it forward. This reserve fund will allow us to invest in new jobs that will come about by investments in clean energy technologies which will make us a healthier economy, energy independent, and it will make us more secure because we will have to import less foreign oil. We are going to see increases in energy efficiency which will yield amazing benefits. That will help us in the long run reduce energy costs. We are going to use these funds to protect consumers. This is what the Stabenow-Boxer-Brown-Lieberman- Cardin amendment is saying. We want to keep that reserve fund in the budget so we can move forward with climate change legislation. I am looking forward to this moment. This is long overdue. We have lost 8 years. But the kind of approach we need is the kind of approach Senator Stabenow is envisioning. We cannot afford to wait. Scientists are telling us we are going to face rising sea levels, droughts, floods, the loss of species, spreading diseases. Our own health officials in the last administration and this one have told us we have to act. The Environmental Protection Agency has proposed an endangerment finding. We are being told that our people are in danger if we do not enact global warming legislation. It is spelled out. Severe illnesses are going to crop up as a result of organisms that will now be living in warmer waters. To quote the EPA--and they talk about the heat waves and the mortality rate and the wildfires and the drought and the flooding--this is what they say. I will close with this quote. They say: Global warming left unchecked is a serious harm to our people. It is not a close case, they say. The greenhouse gases that are responsible for global warming endanger public health and welfare within the meaning of the Clean Air Act. Madam President, I ask unanimous consent to have printed in the Record the EPA's Proposed Endangerment Finding.

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

Mrs. BOXER. Madam President, I ask unanimous consent that amendment No. 1000 be the pending business so I might modify it.

Mrs. BOXER. Madam President, I ask that my amendment be modified with the changes that are already at the desk and ask unanimous consent that Senators Webb and Wyden be added as cosponsors of the amendment.

Mrs. BOXER. I suggest the absence of a quorum.

Mrs. BOXER. I say to my friends and my colleagues who are listening to this debate, vote for the Stabenow motion to instruct. It is an important motion. It will keep the reserve fund and will allow us to move forward and attack this serious problem of global warming that has gone unaddressed for too long. Madam President, I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, I know we are waiting to see if I can send an amendment to the desk, and ask that the pending amendment be set aside. It would be my intention to do so when we can get the clearance on the other side. This is a bipartisan amendment. I think it is important that people understand it is with Senator Corker, Senator Snowe, and Democratic Senator Jeff Merkley. What we are trying to do is make sure that in the TARP program, when these toxic assets are sold off, there are no kickbacks between the seller of the asset and the private party. What we would do is make sure that the inspector general has enough funds to go after that type of conflict of interest. Mr. President, I ask unanimous consent to set aside the pending amendment, and I understand the clerk has my amendment at the desk, if he would read it.

Mrs. BOXER. Mr. President, I ask unanimous consent that the reading be dispensed with, because I have described it.

Mrs. BOXER. Mr. President, I thank Chairman Leahy. I know he is so anxious to get this bill through, and it is not my intention to slow anything up. I do think I stand here as a former stockbroker, and I know we need integrity in the system, and I know that is the purpose of this bill, so I feel this bipartisan amendment would add quality to his already excellent bill. Mr. President, I yield the floor, and it is my understanding that my amendment would be pending. I ask the Presiding Officer if that is the case.

Mrs. BOXER. I thank the Chair, and I suggest the absence of a quorum.

Mrs. BOXER

Mrs. BOXER. Madam President, today I rise to pay tribute to 11 young Americans who have been killed in Iraq since November 19. This brings to 870 the number of servicemembers either from California or based in California that have been killed while serving our country in Iraq. This represents 20 percent of all U.S. deaths in Iraq. GySgt Marcelo R. Velasco, 40, of Miami, FL, died November 19 from injuries sustained in a non-hostile incident in Anbar province, Iraq. Gunnery Sergeant Velasco was assigned to I Marine Expeditionary Force Headquarters Group, I Marine Expeditionary Force, Camp Pendleton, CA. LCpl Robert L. Johnson, 21, of Central Point, OR, died December 20 as a result of a nonhostile incident in Anbar province, Iraq. Lance Corporal Johnson was assigned to the 5th Combat Logistics Battalion, 1st Combat Logistics Regiment, 1st Marine Logistics Group, Camp Pendleton, CA. SPC Tony J. Gonzales, 20, of Newman, CA, died December 28 in Sadr City, Iraq, when an improvised explosive device detonated near his vehicle. Specialist Gonzales was assigned to the 1st Battalion, 6th Infantry Regiment, 2nd Brigade, 1st Armored Division, Baumholder, Germany. PFC Benjamin B. Tollefson, 22, of Concord, CA, died December 31 in Balad, Iraq, of wounds suffered when insurgents attacked his unit with indirect fire in Ghazaliya. Private First Class Tollefson was assigned to the Special Troops Battalion, 2nd Heavy Brigade Combat Team, 1st Infantry Division, Fort Riley, KS. PFC Grant A. Cotting, 19, of Corona, CA, died January 24 in Kut, Iraq, of injuries sustained from a noncombat related incident. Private First Class Cotting was assigned to the 515th Sapper Company, 5th Engineer Battalion, 4th Maneuver Enhancement Brigade, Fort Leonard Wood, MO. SSG Sean D. Diamond, 41, of Dublin, CA, died February 15 in As Salam, Iraq, when an improvised explosive device detonated near his vehicle. Staff Sergeant Diamond was assigned to the 610th Engineer Support Company, 14th Engineer Battalion, 555th Engineer Brigade, Fort Lewis, WA. 1LT Daniel B. Hyde, 24, of Modesto, CA, died March 7 in Samarra, Iraq, of wounds sustained in Tikrit when an explosive device struck his unit vehicle. First Lieutenant Hyde was assigned to the 2nd Battalion, 35th Infantry Regiment, 3rd Brigade Combat Team, 25th Infantry Division, Schofield Barracks, HI. PFC Bryce E. Gautier, 22, of Cypress, CA, died April 10 when his military vehicle was struck by a suicide vehicle-borne improvised explosive device in Mosul, Iraq. Private First Class Gautier was assigned to the 1st Battalion, 67th Armor Regiment, 2nd Brigade Combat Team, 4th Infantry Division, Fort Carson, CO. SFC Bryan E. Hall, 32, of Elk Grove, CA, died April 10 when his military vehicle was struck by a suicide vehicle-borne improvised explosive device in Mosul, Iraq. Sergeant First Class Hall was assigned to the 1st Battalion, 67th Armor Regiment, 2nd Brigade Combat Team, 4th Infantry Division, Fort Carson, CO. SGT Raul Moncada, 29, of Madera, CA, died April 13 near Baghdad, Iraq, of wounds sustained when an explosive device detonated near his vehicle. Sergeant Moncada was assigned to the 563rd Military Police Company, 91st Military Police Battalion, 10th Sustainment Brigade, 10th Mountain Division, Light Infantry, Fort Drum, NY. LCpl Ray A. Spencer II, 20, of Ridgecrest, CA, died April 16 as a result of a non-hostile incident in Anbar province, Iraq. Lance Corporal Spencer was assigned to 3rd Battalion, 3rd Marine Regiment, 3rd Marine Division, Kaneohe Bay, HI. I would also like to pay tribute to the four soldiers from CA who have died while serving our country in Operation Enduring Freedom since November 19. SSG Joshua R. Townsend, 30, of Solvang, CA, died January 16 in Tarin Kowt, Afghanistan, of injuries sustained in a noncombat related incident. Staff Sergeant Townsend was assigned to the 1st Battalion, 7th Special Forces Group, Airborne, Fort Bragg, NC. SSgt Daniel L. Hansen, 24, of Tracy, CA, died February 14 while supporting combat operations in Farah province, Afghanistan. Staff Sergeant Hansen was assigned to Marine Wing Support Squadron 171, Marine Wing Support Group 17, 1st Marine Air Wing, III Marine Expeditionary Force, Iwakuni, Japan. LT Florence B. Choe, 35, of El Cajon, CA, died March 27 when an insurgent posing as an Afghan National Army soldier opened fire on personnel assigned to Combined Security Transition Command--Afghanistan at Camp Shaheen, Mazar-E-Sharif, Afghanistan. A1C Jacob I. Ramsey, 20, of Hesperia, CA, died April 10 of injuries sustained from a noncombat related incident in Kabul, Afghanistan. Airman First Class Ramsey was assigned to the 712th Air Support Operations Squadron, Fort Hood, TX.

Mrs. BOXER

Mrs. BOXER. Madam President, I take this opportunity to recognize the 25th anniversary of the Land Conservancy of San Luis Obispo County, LCSLO. Created in 1984 by a group of local residents determined to protect lands throughout San Luis Obispo County, LCSLO has experienced many successes over the past 25 years in its efforts to ensure a proud legacy of scenic beauty and healthy lands throughout the county. What began as an all-volunteer group working on small conservation agreements has since grown into an established land trust with 16 professional staff members. LCSLO staff and volunteers work to set aside local lands for wildlife, farming, and ranching by preventing poorly planned development; protecting drinking water sources; restoring wildlife habitat; and promoting family farms and ranches. Since its initial projects in Cambria and Nipomo Mesa, LCSLO has permanently protected over 10,500 acres of land in San Luis Obispo County. The organization has worked to conserve over 100 acres of streamside lands to enhance habitats of steelhead trout, purchased over 300 individual lots to protect the Monterey Pines in Cambria, and restored hundreds of acres of damaged coastal land in the Guadalupe- Nipomo Dunes. Today, five of the Conservancy's land parcels are available for public use. Parcels that are not open to the public provide space for projects that produce stunning views, protect air and water quality, and preserve local farmland. The Land Conservancy of San Luis Obispo is a grassroots movement that empowers local farmers, ranchers, and residents to protect the land that make San Luis Obispo County so beautiful. By partnering with local organizations and offering residents the opportunity to contribute hands-on to the preservation of their own community, LCSLO is able to conserve the unique rural culture that is so closely tied to this coastal environment. For 25 years, LCSLO has worked passionately and effectively to sustain a high quality of life for residents and visitors in a healthy natural environment. I commend LCSLO staff and volunteers for maintaining the natural beauty of San Luis Obispo County and for supporting the county's agricultural and tourism-based economy. I look forward to future generations having the opportunity to enjoy this special part of California for many years to come.

Mrs. BOXER

Mrs. BOXER. Of course. Senator Ensign thought it was all taken care of, so he is off the floor. Maybe we can get him back out here. Thank you.

Mrs. BOXER. I say to the Senators, thank you so much, Senator Conrad and Senator Gregg. I say thank you very much to Senator Ensign. He and I have been working on afterschool for many years. This is a Boxer-Ensign amendment. There is a modification at the desk.

Mrs. BOXER. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with.

Mrs. BOXER. Mr. President, we are not adding a penny. We are just saying, within the amounts that are in the education budget, to fully fund afterschool programs. We all know it helps our kids, and there are millions on the list. Senator Ensign explained many times--he wanted to speak here today, but he is not on the floor--that afterschool programs really saved his life when he was a young child. So I hope this amendment will be accepted. I thank my colleagues, and I yield back.

Mrs. BOXER. Mr. President, I ask for a voice vote, if we could do that.

Mrs. BOXER. I am sorry?

Mrs. BOXER. Colleagues, if I could ask to be heard for one more moment.

Mrs. BOXER. Thank you. I simply want to say that we are a little caught off guard here because we were told this was cleared on the Republican side. This is a Boxer-Ensign amendment. It does not add one penny to the deficit. It does not change anything. It just says, within the funding for education, let's fully fund afterschool programs because we have so many kids who are waiting to get into those programs. I am hopeful we will have a strong bipartisan vote for this amendment.

Mrs. BOXER. Mr. President, I move to reconsider the vote.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask my colleagues to join me in reflecting on the memory and deeds of a remarkable American, Andrea Mead Lawrence, who passed away March 31 in the town of Mammoth Lakes in Mono County. Andrea was born in Vermont, where she developed a life-long love of winter sports. At the age of 15, she participated in the 1948 Winter Olympics in St. Moritz, Switzerland. In the 1952 Winter Olympics she won two Gold Medals in the Olympic Special and Giant Slalom races in Oslo, Norway. She also competed in the 1956 Olympics in Cortina d'Ampezzo, Italy. She was inducted into the U.S. National Ski Hall of Fame in 1958 at the age of 25. In 1960, she was the torch lighter at the Winter Olympics in Squaw Valley, CA. She remains the only American double-Gold Medalist in Alpine Skiing. Additional honors and her love of winter sports continued the rest of her life. In 1967, she moved to Mammoth Lakes in California's spectacularly beautiful Eastern Sierra, a place that she fought to protect, for the rest of her life. Serving 16 years on the Mono County Board of Supervisors, she worked tirelessly to protect and restore Mono Lake and as a member of the Great Basin Air Pollution Control District, she saw that air pollution caused by the de-watering of Owens Lake was reduced. She founded the Andrea Lawrence Institute for Mountains and Rivers in 2003 to work for environmental protection and economic vitality in the region she loved so much. Last summer, she testified before the Mono County Board of Supervisors in favor of the Eastern Sierra Wild Heritage Act, a bill that became law with the signature of President Barack Obama, the day before she died. Andrea knew that this legislation to protect nearly 500,000 acres of her beloved Eastern Sierra had become law. Andrea Mead Lawrence passed away surrounded by her children, Cortlandt, Matthew, Dierdre, Leslie and Quentin, and leaves four grandchildren. She was 76 years old. Andrea had a remarkable and wonderful life and she will be sorely missed by all those who were fortunate enough to know her. She leaves a rich legacy that will continue to benefit present and future generations.

Mrs. BOXER

Mrs. BOXER. Mr. President, what is the order now?

Mrs. BOXER. Since he is not on the floor, I ask the way we would proceed is, Senator Barrasso wanted to speak in his stead--is that it-- for 5 minutes, followed by Senator Whitehouse, followed by me for 5 minutes, if that is OK?

Mrs. BOXER. Mr. President, I hope America is watching this debate. I think Senator Whitehouse was very on point when he exposed what the Republicans are doing. We all know it is perfectly in order to utilize something called reconciliation, which is a way to get around a filibuster, and it is the way to govern with a majority. The fact is, as Senator Whitehouse has said, since 1980, reconciliation has been used 19 times, 16 times by my Republican friends who now come to the floor and say: Oh, my God, we should not use it for health care, we should not use it for climate change, we should not use it at all. They do not want to use it because they want to be able to obstruct progress. Now, the reason I hope America is watching this debate is because they will see the difference in the parties. If you listen to the Republicans, what are they saying? No. We are not going to do any health care reform of any meaning. We are not going to do education reform of any meaning. We say no--they say no--to global warming legislation. They say no to energy legislation. They are the party of nope, and I am in the party of hope. Here is where we stand. Same old politics. All they want is tax breaks for billionaires, tax breaks for millionaires. We saw where that led us, along with the war in Iraq, budget deficits as far as the eye could see, a recession that is as close as we have come to the Great Depression. Same old politics, same old policies that got us into this crisis in the first place. So every time they speak, I urge you, America, to listen. It is no. No. No. No. It is no to this new President who ran on fixing the education system. It is no to this President who ran on fixing the health care system. It is no to this President who ran on doing something about global warming. It is no. No. No. No on energy reform. This budget is so important to be passed because it is, in fact, brought to us by this new President who had a very strong debate with John McCain, who won a convincing victory, who is off now taking his first foreign trip. I hope that we can make that trip more pleasant for him by rallying around his priorities. Now, we are going to be facing a slew of amendments that try to undermine and undercut President Barack Obama and the priorities I talked about. We talked a little about reconciliation. When people listen, they do not get what it means, so I will try and explain it. It is a way you can bring up a bill and avoid a filibuster. It is a way you can bring up a bill and pass it with majority votes instead of a supermajority vote. That is a very important option for us to have when we are dealing with very important issues. I think it is important to be stated right now, important to be stated right now, that in this Senate budget there are no reconciliation instructions regarding climate change. There are no reconciliation instructions. But the other side is not happy with that. They want to make sure we can vote on it. So Senator Johanns has a very simple and straightforward resolution that says: Reconciliation will not be used related to climate change. Senator Whitehouse and I have a side by side with that that says: Fine, we will not use it unless the Senate finds that the public health--I ask unanimous consent for an additional 5 minutes.