Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to introduce legislation today to provide for the Purple Heart to be awarded to all prisoners of war who die in captivity, regardless of the cause of death. The ``Honor Our Fallen Prisoners of War Act'' was previously introduced by Representative Bob Filner in the House of Representatives. I am proud to join him in this effort. The ``Honor Our Fallen Prisoners of War Act'' would make members of the Armed Forces who die in captivity of any circumstance eligible for the Purple Heart. Currently, only prisoners of war who die during their imprisonment of wounds inflicted by an instrument of war are eligible for posthumous Purple Heart recognition. Those who die of starvation, disease, abuse, or other causes during captivity are not. I believe this is an injustice to the thousands of POWs who paid the ultimate price in service to our Nation. The purpose of the Purple Heart is to honor those who are killed or wounded in action as the result of an act of an enemy of the United States. It makes no sense that prisoner of war camps--where thousands of Americans have been held against their will and have endured great suffering at the hands of enemy forces--are not considered a battlefield. The legislation is retro-active to December 7, 1941 and would therefore include all POWs who have died in captivity since World War II. The ``Honor Our Fallen Prisoners of War Act'' has been endorsed by the Tiger Survivors, Veterans of Foreign Wars, Military Order of the Purple Heart, Korean War Veterans Association, National League of POW/ MIA Families, and a number of other prominent veterans organizations. I urge my colleagues to support this important legislation.

Mrs. BOXER. Mr. President, each year Congress appropriates millions of dollars to institutions of higher learning that serve minority students. Currently, funds go to historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, and Alaska Native and Native Hawaiian- serving institutions. These funds--which exceeded $890 million in fiscal year 2005-- help institutions provide more higher education opportunities for low- income minority students. For schools that serve a large number of low-income Asian Americans and Pacific Islanders, however, Federal assistance is not available. A need is not being served. Over 42 percent of Cambodian Americans, almost 35 percent of Laotian Americans and 25 percent of Vietnamese Americans live in poverty. And the graduation rates among these populations are low. Only 13.8 percent of Vietnamese Americans, 5.8 percent of Laotian Americans, 6.1 percent of Cambodian Americans, and 5.1 percent of Hmong have college degrees. So, today, I am introducing the Asian Americans and Pacific Islanders Higher Education Enhancement Act. I am pleased to be joined in this effort by Senator Akaka. This legislation creates a new Federal grant program for institutions where Asian and Pacific Islander students make up at least 10 percent of the undergraduate student body. Priority will be given based on the number of low-income students. The grants--authorized at $30 million in the first year, and such sums as necessary for the next 4 years--could be used for a variety of purposes, including outreach to secondary and elementary school students, curriculum development, tutoring, counseling, and student support services. Mr. President, we need to make college accessible for low-income Asian American students as we do for with other minority students. This bill is an important step toward this goal.

Mrs. BOXER

Mrs. BOXER. Mr. President, each year Congress appropriates millions of dollars to institutions of higher learning that serve minority students. Currently, funds go to historically Black colleges and universities, Hispanic-serving institutions, tribally controlled colleges and universities, and Alaska Native and Native Hawaiian- serving institutions. These funds--which exceeded $890 million in fiscal year 2005-- help institutions provide more higher education opportunities for low- income minority students. For schools that serve a large number of low-income Asian Americans and Pacific Islanders, however, Federal assistance is not available. A need is not being served. Over 42 percent of Cambodian Americans, almost 35 percent of Laotian Americans and 25 percent of Vietnamese Americans live in poverty. And the graduation rates among these populations are low. Only 13.8 percent of Vietnamese Americans, 5.8 percent of Laotian Americans, 6.1 percent of Cambodian Americans, and 5.1 percent of Hmong have college degrees. So, today, I am introducing the Asian Americans and Pacific Islanders Higher Education Enhancement Act. I am pleased to be joined in this effort by Senator Akaka. This legislation creates a new Federal grant program for institutions where Asian and Pacific Islander students make up at least 10 percent of the undergraduate student body. Priority will be given based on the number of low-income students. The grants--authorized at $30 million in the first year, and such sums as necessary for the next 4 years--could be used for a variety of purposes, including outreach to secondary and elementary school students, curriculum development, tutoring, counseling, and student support services. Mr. President, we need to make college accessible for low-income Asian American students as we do for with other minority students. This bill is an important step toward this goal.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to introduce legislation today to provide for the Purple Heart to be awarded to all prisoners of war who die in captivity, regardless of the cause of death. The ``Honor Our Fallen Prisoners of War Act'' was previously introduced by Representative Bob Filner in the House of Representatives. I am proud to join him in this effort. The ``Honor Our Fallen Prisoners of War Act'' would make members of the Armed Forces who die in captivity of any circumstance eligible for the Purple Heart. Currently, only prisoners of war who die during their imprisonment of wounds inflicted by an instrument of war are eligible for posthumous Purple Heart recognition. Those who die of starvation, disease, abuse, or other causes during captivity are not. I believe this is an injustice to the thousands of POWs who paid the ultimate price in service to our Nation. The purpose of the Purple Heart is to honor those who are killed or wounded in action as the result of an act of an enemy of the United States. It makes no sense that prisoner of war camps--where thousands of Americans have been held against their will and have endured great suffering at the hands of enemy forces--are not considered a battlefield. The legislation is retro-active to December 7, 1941 and would therefore include all POWs who have died in captivity since World War II. The ``Honor Our Fallen Prisoners of War Act'' has been endorsed by the Tiger Survivors, Veterans of Foreign Wars, Military Order of the Purple Heart, Korean War Veterans Association, National League of POW/ MIA Families, and a number of other prominent veterans organizations. I urge my colleagues to support this important legislation.

Mrs. BOXER

Mrs. BOXER. Will the Senator yield?

Mrs. BOXER

Mrs. BOXER. Mr. President, my understanding is I am now recognized for 30 minutes; is that correct?

Mrs. BOXER. I ask unanimous consent that following my remarks, Senator Kyl be recognized for up to 15 minutes, to be followed by Senator Bond for up to 15 minutes, Senator Feinstein for up to 20 minutes as in morning business, and that the time not be charged against the bill.

Mrs. BOXER. I would add that.

Mrs. BOXER. Mr. President, I believe my unanimous consent is pending, and it does include the request of the Senator from North Dakota.

Mrs. BOXER. Thank you very much.

Mrs. BOXER. Mr. President, I would like to go back to the order, if we can. I was about to speak for 30 minutes as was already agreed to by the Senate. I would like to proceed.

Mrs. BOXER. Does the Senator want me to yield for purposes of a parliamentary inquiry? I yield, without losing my right to the floor, for a parliamentary inquiry.

Mrs. BOXER. Mr. President, I am happy to tell the Senator. I asked for time, on the completion of my 30 minutes, for Senator Kyl to speak for up to 15 minutes, followed by Senator Bond for up to 15 minutes, followed by Senator Feinstein for up to 20 minutes as in morning business, and that the time not be charged against the bill, and at that time the time would be charged equally.

Mrs. BOXER. Thank you, Mr. President. PATRIOT Act Mr. President, folks are watching us so close to Christmas, so close to Hanukkah time and wondering why we are here so late in the year. It is very unusual for this to happen. I would like to say that we are here, in my view, because there is a disinclination on the part of the Republican leadership to sit down with the Democrats on the PATRIOT Act, fix two provisions of that act, fix it so our constituents don't have to worry that their library records will be sought, if there is no reason to do that, or their bookstore records or their health records or their financial records without a check and balance on that power; and that if their home is searched they would be so advised within a 7- day period. But Senator Frist, at this point, seems to keep this issue alive. I hope we can resolve that by a short-term extension of the act. Every single Member who voted to stop the final vote voted with the understanding that we would, in fact, extend the PATRIOT Act for 3 months. I am hoping that will happen so we can get done with that without a vote, as far as I understand it. Everyone wants to continue the PATRIOT Act, but there is a majority, I believe, who wants to fix these two provisions out of the many provisions. We are also here because one Senator has gotten drilling in the Arctic National Wildlife Refuge in the conference report on the military bill, on the Defense appropriations bill. That bill funds our troops. It is very important. Instead of allowing that to just go forward--and again that would go forward probably without even a minute's debate, and we could finish that up quickly--instead, this Senator wants to give a very special gift this Christmas season to the oil companies. We know, if anything, they don't deserve a gift. They are laughing all the way to the bank. But this one Senator wants to give them another gift, a really special one with an enormous bow on top. I hope that will happen. But that is another reason we are here. We are here because this is a budget-cutting bill that is so onerous--it is on the floor right now--that the Republicans aren't even sure they have the votes to pass it because of what it does to student loans, to Medicare, to things that our people need. They have to fly the Vice President back in order to have him in the Chair because it might be that close. And he may have to cast the deciding vote to cut student loans, to cut Medicare, to cut Medicaid, to cut health to our middle-class families, as well as our working poor families. If that happens, that will be an image all American families will see, the Vice President in the Chair. They couldn't even get their own party to vote for this bill, and it will say more than I ever could on the subject. Iraq

Mrs. BOXER. Mr. President, today, I had hoped to be in California working in the State. I had a very important speech to give on Iraq to a very important group in Los Angeles. Instead I am going to give that talk here for the next few minutes so that my constituents will get the views that I have at this moment in time on that war. In 1968, Martin Luther King told us: If we do not act, we shall surely be dragged down the long, dark and shameful corridors of time reserved for those who possess . . . strength without sight. Dr. King was talking about ending the Vietnam war. But 40 years later his warning is increasingly relevant to the Iraq war. Strength without sight has now led us into a war based on mistaken intelligence, and down a thorny path of pain for far too long. None of us can afford to be silent. Again, I want to quote Martin Luther King who said: Our lives begin to end the day we become silent about things that matter. Martin Luther King said: Our lives begin to end the day we become silent about things that matter. We must have the courage to speak out about things that matter, and, if we disagree about things that matter, that is part of the process. But let us heed Dr. King's words. It matters that 2,158 service men and women have given their lives in Iraq, leaving their families grieving. It matters that 16,155 have been wounded, many with scars that will last a lifetime. It matters that the majority of the American people are demanding a new strategy so that we do not have a war without an end. We saw 79 Senators from both political parties recently back an amendment saying that it is the Iraqis who should take the lead in providing their own security next year. Next year is a few days away. I think it matters if 79 Senators vote for that amendment. I see Senator Levin on the Senate floor. I thank him for that work he put into that amendment because it says very clearly that next year the Iraqis have to take charge of their own destiny. We heard Congressman Jack Murtha's brave statement against this war, calling it a ``flawed policy wrapped in illusion.'' Jack Murtha is a decorated marine, a war hero who bled on the battlefield, the military's best friend. Now he advocates redeploying U.S. forces at the earliest possible date--not tomorrow, not in 2 weeks. Estimates are that it will take 6 months to a year--while maintaining a quick-reaction force in the region to be called upon when necessary. How did the administration and its supporters respond to this hero, Jack Murtha's thoughtful proposal? Congressman Murtha, with his two Purple Hearts and his Bronze Star, was insulted by the White House Press Secretary and branded a coward by the newest Republican Member of the House; branded a coward by the newest Republican Member of the House, a shameful display of partisanship. People who never bled on the battlefield tried to demean a war hero. That is what we see again and again in this debate. Instead of thoughtful dialogue about the life-and-death issues in Iraq, the administration lashes out at those who dare disagree with them. Recently, the Republican National Committee issued a video news release attacking Democrats, including me. I want to thank Senators on the other side of the aisle who said that was wrong. I am used to being attacked, and I normally just ignore these attacks. As a matter of fact, I wear them as badge of honor. But this one was so incendiary that I have to respond. The ad said Democrats were waving a white flag of surrender in Iraq. And their evidence? One of their pieces of evidence was my statement that we should start reducing our troop strength in Iraq after the Iraqi election. Guess who else said that very same thing this last weekend: the U.S. Ambassador to Iraq, Zalmay Khalilzad, appointed by President Bush. Listen to what he said. President Bush's Ambassador in Iraq said: We can begin to draw down our forces in the aftermath of the elections. That is exactly what I said. Are they going to run an ad against George Bush's hand-picked Ambassador to Iraq who said the same thing that Senator Boxer said? Democrats aren't waving any white flags, and neither is the Ambassador waving a white flag. We are doing the job that we were elected to do. We have a right and a responsibility to tell the truth, whether the topic is Iraq or any other policy. We have a right--and a responsibility--to wave a warning flag about a war that is making our Nation less secure. Regardless of how many times I am attacked, I will continue to speak out just as I am doing today. I have four points to make: First, we must restore our credibility. Our credibility is at almost an all-time low in the world. If we want the American people to be optimistic, and if we want the nations of the world to consider us a leader to be trusted, our motives must be clear, always; our justifications must be sound; and our policies must reflect our ideals. Our policies must reflect our ideals. During the Cuban missile crisis, Secretary of State Dean Acheson offered to show Charles de Gaulle of France satellite images of Soviet missiles in Cuba as proof of their existence. President de Gaulle responded by saying: The word of the President of the United States is good enough to me. Today, the word of this President and his administration has been called into question. Frankly, it is hard to believe those words myself when the President or the Secretary of State or the Vice President start to tell their expectations about Iraq. It is very hard for me to believe them. Why is that? I want to believe them. I have served with four Presidents, three of them Republican Presidents. I have never felt like this. I never felt I had to doubt what they were saying when it came to foreign policy. Here is the reason. Remember all the false expectations the Bush administration pedals? Remember when Secretary Rumsfeld said that the war ``could last six days, six weeks, I doubt six months''? . . . Or that we knew exactly where to find the weapons of mass destruction. I was sitting 10 feet from the Secretary of Defense when he said: I know exactly where those weapons are. I know the streets they are on. They are right there in Baghdad. Remember when Vice President Cheney predicted: . . . my belief is we will, in fact, be greeted as liberators. Remember when White House Budget Director Mitch Daniels said Iraq will be ``an affordable endeavor'' and it ``will not require sustained aid''? Remember when the case for weapons of mass destruction was called a ``slam dunk''? Remember Vice President Cheney's now famous assessment that the insurgency was in its ``last throes''? Remember when the President told us about the yellow cake from Niger in a State of the Union Address? Remember when we were told ``mission accomplished''? We weren't told it; it was scrawled on a banner behind the President of the United States as he stood in his Air Force gear. Who can ever forget that moment? Remember when we were told that Iraqi oil would pay for the war? And when Secretary Rice said she didn't want the smoking gun to be a mushroom cloud? And when Colin Powell made his forceful presentation before the U.N. Security Council proving the case to the world, proving the case that Saddam Hussein had chemical weapons? He now calls that moment a blot on his record. I gave you what the members of this administration have told the American people to expect in Iraq. They are zero for 10. I have not even gone through the entire list. Yet even today, in the light of all this history, the Bush administration refuses to do more than a perfunctory mea culpa. In his last speech, the President took responsibility for going into the war on false intelligence. It took him 2 years to say that. He is 2 years behind the American people who figured that out a long time ago. But I will take it. I will take it. The President keeps repeating the false statement that Congress saw the same intelligence that he did, even though the CRS, the Congressional Research Service, did a very important study on this matter. They said that is not true. It is a false statement to say that Congress saw the same intelligence he did. The report found that the administration had access to more information than was shared by us. And the President still does not answer the central question, was the intelligence cherry-picked? In other words, did he pick out the parts of the intelligence that made the case for war? And he hasn't answered whether any of that intelligence was manipulated. Democrats are insisting we complete the Senate investigation into this matter. Senator Reid actually put the Senate into closed session to insist the Senate Intelligence Committee complete the investigation into whether the President actually misused intelligence or cherry- picked intelligence. It is important we complete this investigation. It is not about politics. If the intelligence was cherry-picked by this President or manipulated, the American people deserve to know. The Congress will need to act. Why? Because the next time we need to convince the world of an imminent threat, it will be far more difficult unless we clear the air and restore our credibility. America is more than an economic and a military power. Our ideals have made us a shining light throughout the world for all of those seeking freedom, democracy, and human rights. I believe that moral standing is at risk today. We all saw the horrific photos of Abu Ghraib, which were at odds with everything for which this country stands. I went up to that room to look at those pictures to bear witness. It was one of the most painful experiences I have never had. We all know what we saw there--and the American people haven't seen half of what we saw; they have only seen a fraction of what we saw. The abuse was disgusting and was at odds with everything for which this country stands. We all know that torture does not produce accurate intelligence or make us more safe. Listen to Senator McCain, who is an expert on this issue. He says torture ``is killing us.'' Amazingly, banning torture was extremely controversial for this administration. Dick Cheney even worked nonstop to exempt the CIA from the torture ban passed by the Congress. Fortunately, we won this one. Again, I say to my Senate colleagues, thank you for standing up, for standing behind Senator McCain on this. However, we still do not know everything about the secret prisons or secret spying on Americans, all of which chips away at our reputation as a great beacon of freedom and gives us an eerie sense of a secret government. We must not have a secret government. We must not walk away from checks and balances. We now face this issue of our Government spying on Americans without a warrant. This is serious. It must be investigated to restore our credibility. The other day I was at a forum with John Dean, the former White House counsel to President Nixon during Watergate. When we were asked a question as to whether we believe this President investigating and wiretapping American citizens without a warrant was legal, my remark was: I'm not sure about that. I'm very worried about that. I don't think it is. But I want a hearing. I applauded Arlen Specter, chairman of the Judiciary Committee, for saying we would have it. This is what John Dean said on videotape and he has since confirmed it: This was the first time he ever heard a President admit to an impeachable offense. That comment by John Dean, who knows more than any other lawyer in this country about an excessive abuse of power by the Executive is very serious. I sent a letter to four scholars, asking them to please tell me if they think John Dean is on the right track or on the wrong track. Clearly, we must restore our credibility. Second and third, we must reverse the strain on our military and get our budget priorities straight. This administration says dissent hurts our military. Let me tell you what hurts our military. Our military is fighting so that the Iraqi people have the right to dissent. So to say that our military gets hurt when we dissent makes no sense at all. How proud they must be that they come from a country where people who love the troops on both sides of the aisle are in a rigorous debate. That is what our military wants. They do not want to see a country where we all dance to the same tune. And they must think it is interesting that even within the parties there are disagreements, that a Joe Lieberman disagrees with a Barbara Boxer, or a Chuck Hagel disagrees with an Orrin Hatch. That is what life in America is about. So when the President or his allies right here say, How dare people dissent, I say, How dare we not, if we believe the path we are on is wrong. Let me tell you what hurts our military: sending men and women to war without a plan for victory and without the necessary armor and equipment. What hurts our military is stretching it to the breaking point and deploying our soldiers for third and fourth tours of duty. What hurts our military is a lack of candor. Our men and women in the military serve bravely and skillfully in Iraq. They have sacrificed so much since this war began. We need to honor their sacrifices, not with words but with actions. That means treating their caskets and their families with the respect they deserve. I want to publicly thank my staff in San Diego who stopped a horrible situation from happening, when a military man in a coffin, slain in Iraq, arrived in San Diego aboard a civilian aircraft, a commercial aircraft. When the plane landed, he was not going to be greeted by his unit. No one was going to be there. And the airline was going to keep him with the cargo, off-loaded with no ceremony, no greeting. Thank God, his parents--military people--saw this and called us. We stopped it from happening, and we made sure that casket was greeted by his unit. That is what we need to do. We need to honor our military. It means opening up our eyes to their injuries and getting them the help they need. Medical studies reveal that 17 percent of soldiers returning from Iraq are suffering from mental health problems, including depression, anxiety, and post-traumatic stress disorder. The VA says that 17,000 Iraq and Afghanistan vets have been diagnosed with mental disorders through February. I have heard from military people who tell me their loved ones were sent back on to the field of battle when they were diagnosed with post- traumatic stress, and the doctor said: Don't send them back. Now, 17,000 Iraq and Afghanistan vets have been diagnosed with mental disorders, just through last February. But despite this huge problem, the American Legion--the American Legion--says that mental health programs are being underfunded by $500 million a year. I offered an amendment to provide these critical resources by canceling future tax cuts for millionaires who have already gotten back tens of thousands of dollars in tax cuts. It sounds reasonable that we would ask a millionaire to help give a veteran the assistance that he or she needs because of mental problems. Well, my amendment failed. The President says he loves our military, but he loves tax cuts for millionaires as much or more. They did not weigh in. They did not help us. We could not get it passed. Let's be clear. To finance a war that has already cost $251 billion, this administration did not ask the wealthiest to do one thing to sacrifice. Under the Bush tax cuts, millionaires got--and listen to this number--$242 billion back. They have gotten it back over the past 5 years. In the first 2 years of the Iraq war, the average millionaire received $112,000 in tax cuts. And we cannot afford to give a soldier treatment when he comes home, and he is so sick that he might even turn on his own family and hurt them? This makes me sick, Mr. President. This makes me sick. The President did not secure enough real financial commitments from other countries. Instead, our needs are being sacrificed and our children and seniors are paying the price. Talk about waving the white flag of surrender. I want to talk about it. The Republican Congress and this administration are waving a white flag over our children, cutting their afterschool programs, No Child Left Behind. They have underfunded their own program by $13 billion. They are waving a white flag of surrender over our seniors, causing them anxiety and threatening their Social Security. They are waving a white flag over fiscal responsibility, by creating a debt that is more than $8 trillion. That means that approximately $92 billion is leaving this country every year to pay off the interest on the debt that foreign countries own. And they are waving a white flag over our homeland security. The administration says all the right things about the terror threat. But they shortchange homeland defense. It has been 4 years since 9/11. We are getting failing grades. We need $555 million this year to better secure our ports, $14 billion so that our first responders can communicate with one another. It is a disgrace that firefighters cannot talk to police officers and health care providers in our communities. Oh, no, oh, we couldn't ask the people who make over $1 million a year to help us. And we are waving the white flag--we are--this Congress and this administration. Fourth, and finally, we need to change course in Iraq. The President presents a false choice between leaving immediately and staying indefinitely. He says: Stay the course, stay the course. The course has to be changed. Frankly, the President, in every speech, connects this war in Iraq to 9/11, even though the 9/11 Commission said there was no connection and the President's own documents show there is no connection. As a matter of fact, it was a diversion from our fight against al-Qaida and bin Laden. Do you know what? We are not any safer. Worldwide terrorism is up and increased by more than 1,200 terror attacks last year. Even the President's own Director of Central Intelligence, Porter Goss, says: Those jihadists who survive will leave Iraq experienced in and focused on acts of urban terrorism. Now, I agree with the President about importing democracy. But as Robert Pape of the University of Chicago has written: . . . spreading democracy at the barrel of a gun in the Persian Gulf is not likely to lead to a lasting solution against suicide terrorism. Last week's election in Iraq was an important step forward. And I pray that country will put together the kind of coalition that is necessary. But either way, it is time for the Iraqis to control their own destiny. Each election they have had, it seems to me, should be a step in our recognizing their right to run their own country. Their running their own country is a sign of success, not failure. Our long- term presence is viewed as open-ended, and it is fueling the insurgency. Too many Iraqis believe that the United States has no intention to leave Iraq and with good reason. Every time the President is asked for benchmarks, he says we will be there as long as it takes, even though general Casey made it clear to me, when I was in Iraq, again, that our long-term presence is counterproductive. And two-thirds of Iraqis oppose the presence of U.S. troops, at least two-thirds. In some polls, it is 80 percent. They do not want us there. They want to run their own country. That is not failure. That is not a white flag. That is not defeat. That is success, when we can redeploy our troops, so if the government there needs us, we are nearby. We must accelerate the training of the Iraqi troops. I am glad the President admitted it has gone far too slowly. But enough with the excuses. They have to get out there and defend themselves. And we need to take the help that is being offered from around the world, around the region. The Egyptian Ambassador lamented the fact that so few troops have been trained in his country. He has offered to help, and we have not taken it. Mr. President, in conclusion, it does not matter if you voted for the war or against the war at this point. We need now to take action. None of us can remain silent. As a Senator, I feel obligated to tell the people of my State how I feel. It is time for a new policy. It is time for a new strategy that makes us safer and more secure. It is time to put to rest the notion that to speak out for a new strategy in Iraq is unpatriotic. It is time to realize that turning Iraq over to the Iraqis is what they expect and what we should do. That is what success is. It is time for a real strategy to stop the spread of terrorism and prevent the proliferation of WMDs, not go forward with preemptive wars that isolate America. It is time for a real strategy to stop the spread of terrorism. It is time to remember that a strong America begins at home and that we can't have real security if we abandon our children and our families, our fiscal responsibility, or if we cannot prepare for a terrorist strike or an emergency such as Katrina. It is time for America to once again be a shining example for the rest of the world. We can do it. Again, let's be honest about the past and restore our credibility. Let's honor our military with a clear plan. Let's get our priorities straight. Let's get Iraq right by working in a bipartisan way, not running ugly 30-second commercials while our soldiers die and get wounded. We can do better. We must do better. With the wisdom of the American people, we will do better. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, today I rise to pay tribute to 31 young Americans who have been killed in Iraq since November 10. This brings to 508 the number of soldiers who were either from California or based in California who have been killed while serving our country in Iraq. This represents 24 percent of all U.S. deaths in Iraq. LCpl Jeremy P. Tamburello, 19, died November 8 from wounds sustained from an improvised explosive device while conducting combat operations west of Rutbah. He was assigned to the 1st Light Armor Reconnaissance Battalion, 1st Marine Division, Camp Pendleton, CA. LCpl David A. Mendez Ruiz, 20 died November 12 from an improvised explosive device while conducting combat operations against enemy forces in Al Amiriyah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Scott A. Zubowski, 20, died November 12 from an improvised explosive device while conducting combat operations against enemy forces in Al Amiriyah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. Cpl John M. Longoria, 21, died November 14 of wounds sustained from small arms fire while conducting combat operations against enemy forces during Operation Steel Curtain in New Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, California. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. MAJ Ramon J. Mendoza, Jr., 37, died November 14 from an improvised explosive device while conducting combat operations against enemy forces during Operation Steel Curtain in New Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Christopher M. McCrackin, 20, died November 14 from an improvised explosive device while conducting combat operations against enemy forces during Operation Steel Curtain in New Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. SPC Matthew J. Holley, 21, died November 15 of injuries sustained when an improvised explosive device detonated near his HMMWV during combat operations in Taji. He was assigned to the 1st Battalion, 320th Field Artillery Regiment, 101st Airborne Division, Fort Campbell, Kentucky. He was from San Diego, CA. 2nd LT Donald R. McGlothlin, 26, died November 16 from small arms fire while conducting combat operations against enemy forces during Operation Steel Curtain in Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Roger W. Deeds, 24, died November 16 as a result of enemy small arms fire while conducting combat operations against enemy forces during Operation Steel Curtain in Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl John A. Lucente, 19, died November 16 from wounds sustained from an enemy hand grenade while conducting combat operations during Operation Steel Curtain in Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. He was from Grass Valley, CA. Cpl Jeffry A. Rogers, 21, died November 16 as a result of enemy small arms fire while conducting combat operations against enemy forces during Operation Steel Curtain in Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraq Freedom, his unit was attached to 2nd Marine Division. Cpl Joshua J. Ware, 20, died November 16 as a result of enemy small arms fire while conducting combat operations against enemy forces during Operation Steel Curtain in Ubaydi. He was assigned to Battalion Landing Team 2nd Battalion, 1st Marine Regiment, 13th Marine Expeditionary Unit, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to 2nd Marine Division. Sgt Jeremy E. Murray, 27, died November 16 from an improvised explosive device while conducting combat operations against enemy forces in the vicinity of Hadithah. He was assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. SPC Vernon R. Widner, 34, died November 17 in Tikrit of injuries sustained the same day in Bayji when his HMMWV was involved in a vehicle accident during convoy operations. He was assigned to the 3rd Special Troops Battalion, 3rd Brigade Combat Team, 101st Airborne Division, Fort Campbell, KY. He was from Redlands, CA. LCpl Miguel Terrazas, 20, died November 19 from an improvised explosive device while conducting combat operations against enemy forces in the vicinity of Hadithah. He was assigned to 3rd Battalion, 1st Marine Regiment, 1st Marine Division, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. SPC Michael J. Idanan, 21, died November 19 in Bayji when an improvised explosive device detonated near his HMMWV during combat operations. He was assigned to the 1st Squadron, 33rd Cavalry, 3rd Brigade Combat Team, 101st Airborne Division, Fort Campbell, KY. He was from Chula Vista, CA. SPC Javier A. Villanueva, 25, died November 24 in Al Asad of injuries sustained on November 23 in Hit when an improvised explosive device detonated near his dismounted patrol during combat operations. He was assigned to the Army's 2nd Squadron, 11th Armored Cavalry Regiment, Fort Irwin, CA. MSgt Brett E. Angus, 40, died November 26 from an improvised explosive device while conducting combat operations against enemy forces in the vicinity of Camp Taqaddum. He was assigned to Marine Wing Support Squadron-372, Marine Wing Support Group-37, 3rd Marine Aircraft Wing, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Aircraft Wing. SSgt William D. Richardson, 30, died November 30 of wounds sustained from a non-hostile vehicle accident near Al Taqaddum. He was assigned to Marine Wing Support Squadron-372, Marine Wing Support Group-37, 3rd Marine Aircraft Wing, Camp Pendleton, CA. During Operation Iraqi Freedom, his unit was attached to 2nd Marine Aircraft Wing. SSgt. Daniel J. Clay, 27, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl John M. Holmason, 20, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl David A. Huhn, 24, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Adam W. Kaiser, 19, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Robert A. Martinez, 20, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. Cpl Anthony T. McElveen, 20, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Scott T. Modeen, 24, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. LCpl Andrew G. Patten, 19, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. Sgt Andy A. Stevens, 29, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom his unit was attached to the 2nd Marine Division. LCpl Craig N. Watson, 21, died December 1 when an improvised explosive device detonated at a patrol base outside Fallujah. He was assigned to the 2nd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. Cpl Joseph P. Bier, 22, died December 7 from an improvised explosive device while conducting combat operations against enemy forces in Ar Ramadi. He was assigned to 3rd Battalion, 7th Marine Regiment, 1st Marine Division, Twentynine Palms, CA. During Operation Iraqi Freedom, his unit was attached to the 2nd Marine Division. Sgt Adrian N. Orosco, 26, died December 9 in Baghdad when a vehicle- borne improvised explosive device detonated near his dismounted position during combat operations. He was assigned to the 1st Squadron, 11th Armored Cavalry Regiment, Fort Irwin, CA. He was from Corcoran, CA. Mr. President, 508 soldiers who were either from California or based in California have been killed while serving our country in Iraq. I pray for these young Americans and their families. I would also like to pay tribute to the one soldier from California who has died while serving our country in Operation Enduring Freedom since November 10. SPC Matthew P. Steyart, 21, died November 22 in Shah Wali Kot, Afghanistan when an improvised explosive device detonated near his HMMWV during patrol operations. He was assigned to the 1st Battalion, 508th Infantry Regiment, Vicenza, Italy. He was from Mount Shasta, CA. Mr. President, 35 soldiers who were either from California or based in California have been killed while serving our country in Operation Enduring Freedom. I pray for these Americans and their families.

Mrs. BOXER

Mrs. BOXER. Mr. President, today, I am releasing the hold I placed on the nomination of Susan Bodine for Assistant Administrator, Office of Solid Waste and Emergency Response based on the written commitment I have received from EPA to provide information and documents I have requested in connection with oversight of the Superfund program. I originally requested information on the Superfund program immediately after the Ms. Bodine's confirmation hearing in July. To date, Ms. Bodine and EPA have provided only a partial response to my request. I want to be clear that every question I posed to Ms. Bodine and all the information I requested from EPA on this important public health program should have been provided to me without restriction as part of the Congressional oversight process. I ask unanimous consent that the original questions posed to Ms. Bodine be printed in the Record. EPA has now committed to provide additional information by January 31, 2006. And I ask that EPA's letter in this regard be printed in the Record. There being no objections, the material was ordered to be printed in

Mrs. BOXER. Mr. President, while a complete response to my request remains outstanding, I have determined that with the additional commitments I received today, the confirmation of Ms. Bodine can proceed with the expectation and assurance from Ms. Bodine to work closely with me and provide cooperation on the oversight of this program. In addition, the Chairman of the Senate Environment and Public Works Committee, Senator Inhofe, has agreed that the Superfund program and its critical missions are overdue for a comprehensive oversight hearing and that such a hearing shall be held in the Superfund and Waste Management Subcommittee of which I am ranking member. Senator Thune, the chairman of the subcommittee, has also agreed to this request. There have been no comprehensive oversight hearings of this important public health program in over 3 years. Ms. Bodine has agreed to testify at this hearing after her confirmation, and we will have other outside witnesses as well. We have also requested that Administrator Stephen Johnson be available as well. I want to thank my colleague, Senator Inhofe for agreeing to this critical hearing.

Mrs. BOXER

Mrs. BOXER. Mr. President, I strongly oppose the fiscal year 2006 Labor-HHS appropriations conference report because it undermines many of our Nation's highest priorities and jeopardizes our most vulnerable citizens and communities. We have all heard the dire warnings about the avian flu pandemic. We know that we need to invest adequate resources to develop vaccines, stockpile medicines, and better prepare at the local, State, and Federal levels. That is why the Senate passed Senator Harkin's amendment. Yet this conference report left out those vital funds and, in doing so, left us far less equipped to deal with a pandemic. We know we must invest in the critical research that uncovers the secrets behind our greatest killers, saving the health and lives of our citizens. Yet this bill increases funding for the National Institutes of Health, NIH, by less than one percent, the smallest increase since 1970. Make no mistake: this will lead to cuts in the number of new research grants funded by NIH. We know we have to invest in the education of our children at every level of schooling. We know our school districts, and our children, are being asked to meet tougher standards. Yet this conference report cuts education for the first time in a decade. No Child Left Behind, NCLB, programs have been cut 3 percent, now leaving them $13 billion below the authorized level. Fewer children will be served by afterschool programs, which keep our children safe after school and improve their academic performance. At a time when the costs of college are skyrocketing, this bill once again freezes Pell grants, which help low- income students afford a college education. Now, this bill doesn't just cut critical funds; it also adds provisions that endanger our neediest citizens. None is more troubling to me than the Weldon amendment. I am extremely disappointed that the conference report rejected the real conscience clause in the Senate bill and instead included the House bill's sweeping and dangerous refusal clause. Unlike the Senate language authored by Senator Specter and Senator Harkin, the provision in this conference report is not a conscience clause. It never mentions religion or morals. It forces States to choose between losing billions of dollars in funding or enforcing Federal and State laws ensuring reproductive health information and services for women. And it could have devastating consequences, including further endangering women in emergency situations, allowing doctors to be gagged, hurting victims of rape and incest, and seriously undermining state sovereignty. Mr. President, if we want to really meet the great challenges we face in our country, we must reject this bill. The American people deserve better and we, as Senators, can certainly do better.

Mrs. BOXER

Mrs. BOXER. Mr. President, Today I rise to honor and share with my colleagues the memory of a remarkable man, Officer David Marin Romero of the California Highway Patrol. Officer David Marin Romero spent 23 years with the California Highway Patrol, providing the citizens of California with safety and service. On September 23, 2005, while on motor patrol in the city of Industry, Officer Romero was struck and killed by a driver suspected to be under the influence of a controlled substance. The California Highway Patrol was Officer Romero's passion. He began his career with the California Highway Patrol at the Riverside Station near his home, and a year later he transferred to the Sante Fe Springs Station, near his childhood community. Romero served the remainder of his career in Santa Fe Springs, giving back to his community. He loved riding his motorcycle and combined this with his passion for law enforcement to become a very successful motorcycle officer. Officer Romero's colleagues shall always remember his infectious grin, practical jokes, and commitment to his job. Officer Romero was a devoted family man. He is survived by his wife Sandra and children, Austin, Windsor, David, Victor, and Vanessa. When he was not on duty, Officer Romero enjoyed spending time with his family, riding dirt bikes, and coaching his children's sports teams. Officer David Marin Romero served the State of California honorably and conscientiously, and fulfilled his oath as an officer of the law. Officer Romero gave his life while assisting those in peril or distress. His character, integrity, loyalty, and dedication to law enforcement are greatly appreciated and will never be forgotten. Officer David Marin Romero sacrificed his life doing what he loved to do--providing protection for the community in which he was raised. We shall always be grateful for Officer Romero's heroic service and the sacrifices he made while protecting the community he loved.

Mrs. BOXER

Mrs. BOXER. Mr. President, last Tuesday the open enrollment period for the Medicare Part D prescription drug program began. This program has been praised by the administration as a great benefit for seniors, but I can tell you that seniors are not so sure. According to a survey conducted by the Kaiser Family Foundation, only 20 percent say they will sign up. Over one-third say they won't, and the rest don't know what they are going to do. One thing we do know for sure is that seniors are confused and scared. I have received over 4,000 letters from them telling me so. And why wouldn't they be. They have a series of complicated decisions to make. First, they have to decide whether they want drug coverage. Do they already have drug coverage that is better or just as good as what is offered under the plan? And if they don't, do the costs of the plan exceed the benefits? And what will happen in the future? Should they sign up now to avoid the penalty for signing up late? Second, if they do decide to join the program, what plan do they choose? In California, 18 companies are providing 47 stand-alone prescription drug plans. These plans all have different premiums, copays, and lists of drugs they will cover. For those in managed care plans, if they choose one of the stand-alone drug plans instead of their managed care plan, they will lose their health coverage. In addition, seniors must make sure that their neighborhood pharmacy accepts the plan. Otherwise, they will end up having to find a new pharmacy that is probably less convenient. And after all that, any plan can--on 60 days notice--change the list of drugs it covers. Seniors, however, can change their plans only once a year. If seniors do choose to participate, the benefit itself is meager. There is a large coverage gap--the so-called donut hole--so seniors must pay 100 percent of drug costs once they spend $2,250 and before they spend $5,100. Moreover, there is nothing in the program that will actually lower the cost of prescription drugs, and, in fact, Medicare is expressly prohibited from negotiating for lower prices. Mr. President, the seniors who are the sickest and poorest have the most to lose with this new program. Those 6.1 million seniors are eligible for both Medicaid and Medicare. They are known as dual eligibles. Currently, State Medicaid programs cover their drug costs, but as of January 1, they will be switched to the less generous Medicare program, and the States will be prohibited from using Medicaid to provide better coverage. We need to make changes to the program now so that our seniors do not suffer. That is why I am a proud cosponsor of several bills that will change the harshest parts of this program. We must allow Medicare to negotiate on behalf of seniors for lower drug prices. We must allow States to use Medicaid to improve the drug coverage of the sickest and poorest seniors. We must end the coverage gap for all seniors. We must allow seniors more time to understand the program before they are required to enroll. Mr. President, these changes are needed--and needed now. Without them, the promise of a Medicare prescription drug benefit may turn out to be a hollow one.

Mrs. BOXER

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

Mrs. BOXER. Mr. President, I move to waive the point of order, and I ask for the yeas and nays.

Mrs. BOXER. Mr. President, I call up amendment No. 2634 and ask for its immediate consideration.

Mrs. BOXER. Mr. President, I will explain the amendment. I will do so quickly. The Boxer amendment provides an additional $500 million per year for mental health services for our Nation's veterans over the next 5 years. This amendment is backed by the American Legion, AMVETS, and Disabled American Veterans. We pay for this in a very simple way. We say the tax cuts of 2001 that have not yet taken effect for those earning over $1 million a year be deferred. We find that when we pay for this $500 million, we have millions left over to reduce the deficit. In closing, let me tell my colleagues a story. I got an e-mail from a woman who was married to CPT Michael Jon Pelkey, who suffered from post-traumatic stress disorder for over a year. He sought help on several occasions but was discouraged by the wait time and the stigma. He thought his command would perceive him as worthless if he started therapy. His wife wrote: Michael passed away in our home at Ft. Sill, Oklahoma from a self-inflicted gunshot wound to the chest on November 5, 2004. She said: I feel that my husband is a casualty of this war and to date the Army has not [done enough for post-traumatic stress]. I know millionaires in California, and I know they would give up a tax cut to help--to help--our veterans who are fighting in deplorable conditions every single day. I hope my colleagues will take a stand for our veterans and say to the millionaires of this country: We know you want to help them. Mr. President, I ask for the yeas and nays.