Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Mr. President, as we pray for all those who are in harm's way, I rise to pay tribute to nine young Americans who were killed in the Iraqi war. All of them are from California or were based in California. LT Thomas Mullen Adams, age 27; hometown: La Mesa, CA, was killed Saturday, March 22, in a helicopter accident after takeoff from a ship in the Persian Gulf. He graduated from Grossmont High School in La Mesa in 1993 and graduated from the Naval Academy in 1997. He was a decorated naval flight officer, earning two National Defense Service medals and three Sea Service Deployment Ribbons. LT Thomas Mullen Adams' family lineage can be traced back to Presidents John Adams and John Quincy Adams. CPT Ryan Beaupre, age 30, was attached to the 1st Marine Expeditionary Force based in Camp Pendleton, CA. He lived in an apartment in Encinitas, CA, overlooking the Pacific Ocean where he often surfed. He was born in Saint Anne, IL. He was killed on Thursday, March 20, in a helicopter accident in Northern Kuwait, near the Iraqi border. Mr. President, 2LT Therrel Shane Childers was with the 1st Battalion, 5th Marine Regiment of the 1st Marine Division at Camp Pendleton, CA; age 30; hometown: Harrison, MI. He was killed on Friday, March 21 in a firefight with enemy troops in Iraq. He graduated from the Citadel in Charleston, SC, in 2001. He is survived by his parents, Joseph and Judy Childers. He was known to be an active runner and loved the outdoors. LC 04 Jose Gutierrez--his hometown was Los Angeles, CA. He was born in Guatemala. At age 16, he traveled by himself across Mexico, to California. When he arrived in the United States, he was taken in by Marcelo and Nora Mosquera of Lomita, CA. His sister still lives in Guatemala City, Guatemala. His age was 22. He was killed on Friday, March 21, in a firefight with enemy troops in southern Iraq. He was an infantry rifleman, assigned to the 2nd Battalion, 1st Marine Regiment of the 1st Marine Division at Camp Pendleton. Cpl Brian Matthew Kennedy was attached to the 1st Marine Expeditionary Force based in Camp Pendleton, CA; age 25; hometown: Glenview, IL. He was killed on Thursday, March 20, in a helicopter accident in Northern Kuwait, near the Iraqi border. He graduated from Glenbrook South High School in Illinois in 1995. He played football and lacrosse during high school. He was also a member of Future Teachers of America and the National Honor Society. He joined the Marines in 1999 and was stationed in Camp Pendleton for 3 years. His father, Mark Kennedy, lives in Houston, TX. His mother, Melissa Derbyshire, lives in Port Clyde, ME. SSgt Kendall Damon Waterbey joined the Marines in 1992 and was stationed at Camp Pendleton, CA. He was age 29; hometown: Baltimore, MD. He was killed on Thursday, March 20, in a helicopter accident in northern Kuwait, near the Iraqi border. He is married and has a 10 year-old son, Kenneth. His brave son said this about his father: He had to do what he had to do for our country. I was proud of him. He's going to stay my hero. Sgt Michael E. Bitz was from Ventura, CA. He was age 31. He was killed on Sunday, March 23, when he encountered Iraqi troops pretending to surrender. He was assigned to the 2nd Assault Amphibious Battalion, 2nd Marine Division in Camp Lejune, NC. Cpl Jose A. Garibay was from Orange, CA. He graduated from Newport Harbor High School; age 21. He was killed on Sunday, March 23 when he encountered Iraqi troops pretending to surrender. He was assigned to the 1st Battalion, 2nd Marine Regiment, 2nd Marine Expeditionary Force in Camp Lejune, NC. Cpl Jorge Gonzalez was from Los Angeles, CA. He was age 20. He was killed on Sunday, March 23 when he encountered Iraqi troops pretending to surrender. He was assigned to the 1st Battalion, 2nd Marine Regiment, 2nd Marine Expeditionary Brigade in Camp Lejune, NC. Mr. President, may all of these beautiful young people rest in peace. May we have a short war. And may we also pray for the wisdom of those who sent these young people on their mission. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, gasoline prices on average in California are $2.15 per gallon. According to the U.S. Energy Information Administration, EIA, the cost of crude oil rose 16.4 percent from January 6 to March 3. During the same time period, the average retail price of gasoline rose 27.2 percent. After seeing the statistics, I do not buy the argument that higher gasoline prices are due solely to higher crude oil prices. I am concerned that oil companies have been pocketing more profits as consumers pay record high gas prices. I have been advised of news reports that refiners are taking more plants than usual offline for ``routine maintenance.'' This is reminiscent of the electricity crisis when generators took their plants off-line for ``routine maintenance'' at a rate higher than normal. We now know that these generators were holding back electricity to artificially increase the price of electricity. In response to soaring gas prices across the country and especially in California and in response to potential manipulation, I am introducing legislation to shed light on the situation and hopefully curtail future market manipulation. My legislation requires the Federal Trade Commission, FTC, to automatically investigate the gasoline market for manipulation anytime average gasoline prices increase in any state by 20 percent in a period of 3 months or less and remain at that level for seven days or more. Market manipulation would include, but is not limited to, collusion or the creation of artificial shortages such as unnecessarily taking refineries off-line. In determining the trigger, the gasoline price used would be the Energy Information Agency's pricing of regular grade gasoline. A report on the FTC's investigation would be due to Congress 14 days after the price trigger. Under the bill, the FTC would be required within two weeks of issuing the report to hold a public meeting to discuss the findings. If the findings indicate that there is market manipulation, then the FTC would work with the state's Attorney General to determine the penalties. If the findings indicate that there is no market manipulation, then the U.S. Department of Energy must officially decide, within two weeks, if the Strategic Petroleum Reserve should be used in order to ease prices and stabilize supply. We need to deter market manipulation. Otherwise we risk serious price gouging with no accountability to consumers. My legislation offers a reasonable standard for an investigation and a reasonable time frame in which to complete that investigation. I believe the threat of these investigations and the public light that would be shed on the system will be positive for the consumer.

Mrs. BOXER

Mrs. BOXER. Mr. President, gasoline prices on average in California are $2.15 per gallon. According to the U.S. Energy Information Administration, EIA, the cost of crude oil rose 16.4 percent from January 6 to March 3. During the same time period, the average retail price of gasoline rose 27.2 percent. After seeing the statistics, I do not buy the argument that higher gasoline prices are due solely to higher crude oil prices. I am concerned that oil companies have been pocketing more profits as consumers pay record high gas prices. I have been advised of news reports that refiners are taking more plants than usual offline for ``routine maintenance.'' This is reminiscent of the electricity crisis when generators took their plants off-line for ``routine maintenance'' at a rate higher than normal. We now know that these generators were holding back electricity to artificially increase the price of electricity. In response to soaring gas prices across the country and especially in California and in response to potential manipulation, I am introducing legislation to shed light on the situation and hopefully curtail future market manipulation. My legislation requires the Federal Trade Commission, FTC, to automatically investigate the gasoline market for manipulation anytime average gasoline prices increase in any state by 20 percent in a period of 3 months or less and remain at that level for seven days or more. Market manipulation would include, but is not limited to, collusion or the creation of artificial shortages such as unnecessarily taking refineries off-line. In determining the trigger, the gasoline price used would be the Energy Information Agency's pricing of regular grade gasoline. A report on the FTC's investigation would be due to Congress 14 days after the price trigger. Under the bill, the FTC would be required within two weeks of issuing the report to hold a public meeting to discuss the findings. If the findings indicate that there is market manipulation, then the FTC would work with the state's Attorney General to determine the penalties. If the findings indicate that there is no market manipulation, then the U.S. Department of Energy must officially decide, within two weeks, if the Strategic Petroleum Reserve should be used in order to ease prices and stabilize supply. We need to deter market manipulation. Otherwise we risk serious price gouging with no accountability to consumers. My legislation offers a reasonable standard for an investigation and a reasonable time frame in which to complete that investigation. I believe the threat of these investigations and the public light that would be shed on the system will be positive for the consumer.

Mrs. BOXER

Mrs. BOXER. Mr. President, today I am introducing legislation to require that the Secretary of Defense issue regulations that would prevent a mother and father of minor children from being deployed to a combat zone at the same time. Under my legislation, the Secretary of Defense would have 15 days to implement this policy by issuing regulations that would include the definition of what comprises a combat zone. As we wage war against Iraq, it is important that we work to ensure that a child will never have to endure the pain of losing both parents during wartime. Military families sacrifice so much to serve our Nation. We should do everything we can to ensure their children are not orphaned. I hope my colleagues will support this legislation.

Mrs. BOXER

Mrs. BOXER. Mr. President, today I am introducing legislation to require that the Secretary of Defense issue regulations that would prevent a mother and father of minor children from being deployed to a combat zone at the same time. Under my legislation, the Secretary of Defense would have 15 days to implement this policy by issuing regulations that would include the definition of what comprises a combat zone. As we wage war against Iraq, it is important that we work to ensure that a child will never have to endure the pain of losing both parents during wartime. Military families sacrifice so much to serve our Nation. We should do everything we can to ensure their children are not orphaned. I hope my colleagues will support this legislation.

Mrs. BOXER

Mrs. BOXER. Mr. President, let's do everything we can for our troops and everything we can to protect our homeland. And let us all pray for our men and women in uniform, and for their families, and for wisdom for all those who send them forward into battle.

Mrs. BOXER. Will the Senator yield for a question? I thank my friend for working to accommodate as many Senators who would like to speak. I do not think it is necessary for us to make long speeches--3, 4, 5 minutes--but I do believe it is very important and we have a responsibility to do so. To the extent the Senator from Virginia and the Senator from Michigan can work together to add some time, it would be most appreciated.

Mrs. BOXER. Mr. President, as military action begins in Iraq, I send my strong support, as a Senator, as a mother, as a grandmother, to our sons and daughters who are carrying out the mission asked of them. Military personnel from my State of California are a lead contributor in this effort. They include marines from Camp Pendleton and Twentynine Palms, carrier groups from San Diego, and Air Force personnel from Travis Air Force Base. There are many more soldiers, sailors, airmen, and marines from throughout California serving us today, including 6,100 Guard and reservists who have recently been activated. Thousands of California families are impacted. From my seat on the Senate Foreign Relations Committee, I have followed the issue of Iraq very closely. And for the past several months, my view was that we should build a worldwide coalition to disarm Iraq, a worldwide coalition that would truly be partners in name, in action, and in cost-sharing. That is why I was so proud to support Senator Levin's resolution to authorize force with the backing of the United Nations. While this amendment was defeated in the Senate, I believe it called attention to the importance of working with a large coalition of allies. As one who has recently voted twice to give a President--a Republican President and a Democratic President--the right to use force, I believe war should always be the last resort. I voted to give President Bush the authority to go to war against al-Qaida, and for President Clinton to use military force against Slobodan Milosevic. In this case, in Iraq, I supported intrusive inspections backed by a united coalition as the best way to achieve Iraqi disarmament. While the U.N. inspectors asked to continue their work, that was not to be. So that debate is behind us. I do want to say, the need to work with our allies in postwar Iraq is very important because we want to lift-- we want to lift--the physical burden off the shoulders of our men and women and share that burden. And we want to, of course, try to share the cost burden as well. Like all Americans, I hope and I pray that hostilities end soon and that casualties are minimal. And like all Americans, I very much hope that democracy in Iraq will take root. Last night, I saw an interview with a young man who is a soldier in the Army, and he was as eloquent on this same point as any statement I had ever heard, eloquent in his simplicity, in expressing his hope for this mission. Congress is supporting our troops from the minute they went in. I believe one way we can demonstrate that is to ensure that the lives of both parents of dual-military families with small children are not unnecessarily put at risk. I raised this issue with the Secretary of Defense in February, and I am awaiting a response from him. Senator Ben Nelson is also working on this issue as well as other quality-of-life issues for our military. We must be mindful of the impact on a child when both parents are put in harm's way. I believe we can make sure they are not both placed in harm's way. I will work to make sure of that. I also intend to work to provide additional funding for four important programs. First, we need to increase funding for impact aid programs to help school districts with military families. Our children of military families need attention now. They must have attention now. And we are not fulfilling our responsibility to our military families if those children do not get help. Gandhi once said: If there is to be peace in the world, it must begin with the children. So we must never, ever forget the children. We have heard from many military families struggling to pay for daycare and other expenses who have one family member deployed from home. We have heard from them that they are having a very hard time. Next, I think we need to help with homeland defense. Clearly, everyone has told us--from the CIA to the FBI to Secretary Ridge--that the probability has now greatly increased that we will be facing more problems here at home. That is why I am supporting the Schumer amendment, when we get back to the budget, to reimburse our States for this burden. Mr. President, I ask unanimous consent to have printed in the Record a letter from the Governor of California, pointing out these incredible expenses the States are having because of firefighters and police and emergency workers working overtime.

Mrs. BOXER. And last, Mr. President, I hope we will be able to work on the development of a missile defense system for our airplanes, our commercial airplanes, which are facing the danger of shoulder-fired missiles. Many people throughout California have asked me, what can they do to support our troops? The Department of Defense has provided some excellent ideas that can be accessed on the official DOD Web site, DefenseLINK. I think it would be good for those who want to do something now to get on that Web site. We have a link on our Web site as well. The ideas are there on how to send a virtual thank-you card to our troops, how to provide them with telephone calling cards. These are things that will make their lives much better.

Mrs. BOXER. Mr. President, I ask for 15 seconds, if I might.

Mrs. BOXER

Mrs. BOXER. Mr. President, I would like to take this moment to reflect on the exceptional work of Jamil Dada, who will be honored by the Boy Scouts of America's Five Nations District with its 2003 Distinguished Citizen Good Scout of the Year Award on March 21, 2003. Jamil Dada is exceptionally qualified for this award, with a strong record of serving others in his community in Riverside County and the broader region. His contributions to both local and regional community organizations have made a significant difference to countless Californians. Mr. Dada's most prominent role is that of chairperson for the Riverside County Workforce Development Board, working to ensure a healthy, well-trained workforce for the county. In addition, Mr. Dada devotes his time as a board member for the Boy Scouts of America Inland Empire Council, the Family Service Association of Western Riverside County, the Magnolia Center Division of the Greater Riverside Chamber of Commerce, the Police Activities League in Moreno Valley, the Planned Giving Advisory Board of UC Riverside, the Riverside Community College Foundation, and the United Way of the Inland Valleys. In the city of Moreno Valley, he demonstrates his broad capacity for leadership as the vice chairman of the Moreno Valley Chamber of Commerce, the treasurer of the Moreno Valley Substance Abuse Task Force, and vice president of the Community Assistance Program, which provides food to those in need. Mr. Dada is also an Honorary Commander at March Air Reserve Base, where he serves as vice president of the March Field Air Museum, chairman of the Friends of March Field, and treasurer of the March Air Reserve Base Forum. It is clear that Jamil Dada is an outstandingly active, concerned citizen, and I am extremely proud to extend my sincere congratulations to him on this much deserved recognition from the Boy Scouts of America Five Nations District. I send my best wishes for a memorable celebration of Jamil Dada's accomplishments and for his continued success.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am re-introducing legislation today to name the courthouse at 95 Seventh Street in San Francisco, California, as the ``James R. Browning United States Courthouse.'' Judge Browning was appointed to the court by President Kennedy and has spent 40 years as a circuit judge on the Court of Appeals for the Ninth Circuit. For twelve of those years, he served as Chief Judge. As chief judge, Judge Browning reorganized and modernized the administration of the Ninth Circuit. Now, he is on Senior Status. He is originally from Montana and graduated from Montana State University in 1938 and from Montana University Law School in 1941, achieving the highest scholastic record in his class and serving as editor-in-chief of the law review. Before being appointed to the Court, Judge Browning served in the U.S. Army and worked for Department of Justice and in private practice. I can think of no more appropriate honor for Judge Browning than to place his name on the courthouse building where he has worked for 40 years.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am re-introducing legislation today to name the courthouse at 95 Seventh Street in San Francisco, California, as the ``James R. Browning United States Courthouse.'' Judge Browning was appointed to the court by President Kennedy and has spent 40 years as a circuit judge on the Court of Appeals for the Ninth Circuit. For twelve of those years, he served as Chief Judge. As chief judge, Judge Browning reorganized and modernized the administration of the Ninth Circuit. Now, he is on Senior Status. He is originally from Montana and graduated from Montana State University in 1938 and from Montana University Law School in 1941, achieving the highest scholastic record in his class and serving as editor-in-chief of the law review. Before being appointed to the Court, Judge Browning served in the U.S. Army and worked for Department of Justice and in private practice. I can think of no more appropriate honor for Judge Browning than to place his name on the courthouse building where he has worked for 40 years.

Mrs. BOXER

Mrs. BOXER. Madam President, it is very important everyone vote. This is a close vote. I don't think this should be in a budget resolution. It is very obvious what the proponents of drilling want to do. They want to get this into reconciliation so those who have deep, strong feelings will not be able to talk at length about it, to stop it. I hope we stop it today. I reserve 1 minute for closing debate.

Mrs. BOXER. I yield myself 5 minutes. I ask the Senator from Alaska, is it OK upon my completion of 5 minutes that Senator Feingold address the Senate for 5 minutes, and then we would turn it back to the time of the Senator from Alaska? Is that all right with the Senator?

Mrs. BOXER. Madam President, let's be clear. Ninety-five percent of Alaska's North Slope is open for drilling. That is a fact. We are talking about the last 5 percent. The debate is whether that should be opened as well. Clearly, this is going to be a very close vote. I have great respect for the Senators from Alaska, but I would welcome it if they wanted to help preserve the environment in my State. As far as jobs are concerned, there was a report done by the Joint Economic Committee on March 14, 2002. They issued a report that said there would be 65,000 jobs nationwide by 2020, an employment gain of less than one-tenth of 1 percent of the U.S. workforce, and CRS--that is the Congressional Research Service--Report No. R.S. 21030, October 1, 2001, said under the most likely scenario, full development in the Arctic would result in 60,000 jobs. I am not one to say 60,000 jobs are no jobs--that is a lot of jobs-- but the more than 2 million jobs we have seen go down the drain in the last 2 years, that is a bigger debate. I also want to make the point that for those of us in California who defend and protect our coastline from oil companies every day of the week, we made a choice. Yes, we know there would be jobs developed there, but it would destroy that coastline and have the potential for horrific accidents and problems because we have experienced those. So I say to my friends from Alaska, I hope they will understand the people in this country who support keeping this 5 percent of the North Slope in its pristine environment are doing so because we think it is good for the soul of this country, and we believe there are more jobs to be created through other means. The reason I have this photograph--and it was challenged not by my colleagues from Alaska at all but by others--this is clearly in the development area--and also by Secretary Norton, who is quoted in the newspaper as saying the image of flat white nothingness is what one sees the majority of the year. This is the reason I felt compelled--and I was glad to see my colleague from Alaska say she agrees, it is magnificent, and I wish every Member could have the chance to take a look at this beautiful book, Arctic National Wildlife Refuge: Seasons of Life and Land. It is a photographic journey by this incredible photographer through all the seasons. Some of the most beautiful scenes are in the winter. I know my colleagues cannot see this, but it shows the birds and the snow and all the rest. It is quite beautiful. I guess beauty is in the eye of the beholder. Maybe Secretary Norton looks at this and comes away with another point of view, and I respect that. I just do not happen to agree with it. In April--I think it is April 10--there will be an exhibit opened at the Smithsonian on the Mall which will show these photographs, and more. So I hope people will take a chance to look at it, because it is quite breathtaking to see. I want to reiterate that I printed in the Record last night a letter from the Alaska Inter-Tribal Council. They have asked me to make a point of this letter they have written, in which they say: We urge you to reject . . . any other proposals to authorize oil exploration and development of the birthplace and nursery of the Porcupine Caribou Herd, the coastal plain and the Arctic National Wildlife Refuge. They talk about they support the Gwich'ins to seek permanent protection of the Arctic National Wildlife Refuge. I know the Gwich'in people are here. I also know there are other tribal people here as well, and I say that I have met with them many times and have been touched and moved with their testimony. They are very proud the Alaska Inter-Tribal Council that represents 187 tribes is with them, and they asked me specifically to put this letter into the Record. Let me finish by saying the U.S. Fish and Wildlife Service has a beautiful Web site and they say on it: The Arctic refuge is among the most complete, pristine and undisturbed ecosystems on Earth . . . a combination of habitats, climate and geography unmatched by any other northern conservation area. This is a quote from the U.S. Fish and Wildlife Service. This is very clearly the point of view of most people, and I hope that we would honor this God-given treasure today and vote to strip this language from the bill and take a stand in favor of keeping this area pristine. I look forward to the remarks of Senator Feingold.

Mrs. BOXER. Madam President, I am finding the source for the comment I made that Senator Stevens took issue with that the 5 percent of the North Slope was available for drilling. That comment was made by the Interior Secretary to the Senate in the committee. That statement was made in 1995. I am putting my hands on the exact words. I yield 5 minutes to the Senator from Connecticut who has been a real leader in this fight, Senator Joe Lieberman.

Mrs. BOXER. Parliamentary inquiry: Could you tell me how much time remains on the Senator from Alaska's side and how much on my side?

Mrs. BOXER. I ask the Senator, what is your preference? Senator Chafee would like to speak, but if you would like to take some time?

Mrs. BOXER. I was just asking my colleague if he preferred Senator Domenici to go since he just spoke.

Mrs. BOXER. I yield 5 minutes for Senator Chafee. I want to say he is a leader on this issue, and he is one of six Republicans who signed a letter saying don't deal with this issue in the context of a budget resolution. I look forward to hearing his 5 minutes.

Mrs. BOXER. Madam President, I yield an additional 2 minutes to the Senator.

Mrs. BOXER. Madam President, parliamentary inquiry: How much time remains on each side, please?

Mrs. BOXER. I would like to retain my time to close debate, if it is all right with the Senator from Alaska.

Mrs. BOXER. I yield 1 minute to the Senator from New Jersey, Mr. Lautenberg.