Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Mr. President, I wish to thank the Senator from Louisiana, the chairman of the Small Business Committee, for her impassioned remarks. I have worked with Mary Landrieu on many issues. Sometimes we are on opposite sides. I don't like those times. I like these times. And I thank the Senator from Florida for his strong support. Here is where we are. We are coming out of the worst recession since the Great Depression, and I don't sugarcoat it when I go home because everybody knows where we are. And I remember back to those days at the end of the Bush administration when we were bleeding hundreds of thousands of jobs every single month, and at that time, as we all looked at the situation, we realized who the job creators had been for the past 15 years. They had really been the small businesses. They created 64 percent of the new jobs. So when we talk about jobs, when we talk about turning this recession around, we have to focus on small businesses because they are the job creators. We have seen big corporations' profits return to prerecession levels, and they are sitting on their cash and they are not hiring. We know small businesses are asking us to work with them so they can get credit. This is about healthy community banks being able to lend to healthy small businesses. This is not about toxic assets and toxic investments. This is such a strong program, the small business lending program, that the CBO estimates that we will make back $1.1 billion as the banks and small businesses pay back the fund. Mr. President, I am going to spend the rest of my time reading into the Record the organizations and the businesses that support this bill: The American Apparel and Footwear Association; the American Bankers Association; the American International Automobile Dealers Association; the Arkansas Community Bankers; the Associated Builders and Contractors; California Independent Bankers; Community Bankers Association of Alabama, Georgia, Illinois, Kansas, Ohio, Iowa, Washington, West Virginia, and Wisconsin; the Conference of State Bank Supervisors; the Fashion Accessory Shippers Association; the Financial Services Roundtable; the Florida Bankers Association; the Governors of Michigan, Ohio, Colorado, Connecticut, Illinois, Massachusetts, New Mexico, New York, North Carolina, Oregon, Washington, and West Virginia; Heating, Airconditioning and Refrigeration Distributors International; the Independent Bankers Association of Texas, of Colorado, and of New Mexico; the Independent Community Bankers of America, of Minnesota, and of South Dakota; the Indiana Bankers Association. It goes on and on. The Maine Association of Community Banks; the Maryland Bankers Association; the Massachusetts Bankers Association; the Michigan Bankers Association; the Missouri Independent Bankers Association. It goes on and on. The National Association for the Self-Employed; the National Association of Manufacturers; the National Bankers Association; the National Council of Textile Organizations; the Marine Manufacturers Association; the National Restaurant Association; the National RV Retailers Association; the National Small Business Association; the Nebraska Independent Community Bankers; the Pennsylvania Association of Community Bankers; the Printing Industries of America; Small Business California; the Small Business Majority; the Tennessee Bankers Association; the Travel Goods Association; the Virginia Association of Community Banks; the Hispanic Chamber of Commerce; and the Women Impacting Public Policy. This is a list that reflects America. This is a list that reflects economic activity. This is a list of organizations in States that are struggling to get to good times. This idea, that I have to say originally came from a Merkley-Boxer bill embraced by Senators Landrieu and Cantwell and LeMieux, made better as it went down the legislative road, deserves to get 60 votes. It deserves to get, frankly, 100 votes. Because if we are serious about jobs, then we need to show it with our votes. It is not enough to get on the floor and complain and say, Where are the jobs? This is legislation, an amendment to a very important bill, that will leverage $30 billion into $300 billion. That is what we are talking about, the kind of a jolt to this economy that we need. And it makes money for the taxpayers. Talk about a win-win, that is what this is. I am going to yield the floor and I am going to say one more time to the Senator from Louisiana, Senator Landrieu, thank you for your leadership. Thank you for your passion. This is about jobs, jobs, jobs, and anyone who votes no on this, in my opinion, don't say that you are for jobs because this is a proven job creator. We know it. Small business creates the jobs, 64 percent of the jobs. They need access to credit. They are not getting it from big banks. This allows us to get it from our community banks and it brings a very good marriage together--helping community banks, helping small businesses, and job creation. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to introduce the PACE Assessment Protection Act of 2010. I am pleased to be joined in this effort by my colleagues, Senators Merkley, Gillibrand, and Begich. Property Assessed Clean Energy or PACE programs allow homeowners and building owners to finance an energy efficiency upgrade to their property through a tax assessment on that property. In this way, property owners are able to spread the cost of the upgrades over several years, lower their energy costs, contribute to a cleaner environment, and create jobs. In California, nearly half of the State's 58 counties, as well as individual cities, have developed PACE programs or plan to start one, and 23 states as well as the District of Columbia have enacted PACE legislation. The program has the strong support of the White House and the Department of Energy, and many States and cities dedicated Recovery Act funding for their PACE programs. Despite the promise of this program, the Federal Housing Finance Agency recently ordered Fannie Mae and Freddie Mac to take actions that limit the use of PACE programs in conjunction with their home mortgages, effectively killing the program. FHFA objected that PACE assessments carry a priority lien, ahead of the lenders, on participating properties. The right of States and localities to secure property tax assessments with a senior position is well established, and in the past, Fannie and Freddie have always respected this right--such as with assessments to finance sidewalks, bridges, or parks and other projects that provide a public benefit--without raising any concerns over the impact of such priority liens. In addition, the Department of Energy issued guidance for municipalities intending to use Recovery Act funding for PACE programs that calls for strong underwriting standards. These guidelines require that the savings a property owner would see as a result of any upgrade must be greater than the cost of the assessment, leaving homeowners in a more financially secure position. To allow PACE programs to continue, as well as protect homeowners and taxpayers, we must take immediate action to address the overreach by the FHFA. My legislation would require Fannie Mae and Freddie Mac to: adopt sound underwriting standards for financing clean-energy upgrades, consistent with Department of Energy guidelines; treat a PACE assessment as any other property tax assessment and respect States' authority to secure such assessments with a first lien; allow homeowners to finance, refinance, or sell their home without having to repay any PACE assessment first; prohibit discrimination against communities implementing or participating in a PACE program. The legislation also limits the assessment amount subject to foreclosure to only the unpaid delinquent amount, along with applicable penalties, interest and costs, and not the entire amount. The current uncertainty surrounding PACE programs is jeopardizing $110 million in Federal investments for California communities, and millions more in other States, which is simply unacceptable. We must take action to protect these initiatives because they create jobs, save homeowners money on their energy bills and help our environment. I urge my colleagues to join me and to support this legislation.

Mrs. BOXER

Mrs. BOXER. Mr. President, the Senator from Vermont speaks in very clear words. When he says this debate is about whose side are you on, he could not be more on target. We have a situation where we know that when President Obama took office and the Democrats were increasing their majority, we inherited the worst recession since the Great Depression. Those are not just words; that is a fact. We inherited the worst deficit ever, because under the Republicans, the hugest tax cuts ever to people earning more than $1 million a year, $1 billion a year, went right on the credit card; two wars went right on the credit card; nothing paid for. Then at the end of George Bush's term, when we started to see jobs being lost, 700,000 jobs a month, that is when we took over, and we took some tough votes. We said to the American people: We are going to focus like a laser beam on jobs and this economy, and we are going to get back on our feet. Yes, we are going to tackle that deficit. I happen to have the privilege of having been sent here by my State when Bill Clinton was President of the United States. You know what. He inherited huge deficits, and he inherited a tough economic time, and we proved that we could both balance the budget and create 23 million jobs. When George W. Bush took the keys to that Oval Office, it took him a matter of minutes, figuratively a matter of minutes, to turn surpluses into deficits, and to bring down the jobs market until we got to a point where we were losing and hemorrhaging jobs at 700,000 a month. This is important for us to remember, because it is this date where we say to our Republican friends, if you care about the people who are trying desperately to get jobs, if you care about people who have been hit by this great recession, then come with us. Work with us. Let's make sure we are there for those who deserve to have this help. By the way, if I could say, the rules that go along with getting this unemployment extension, people do not talk about that much. You have to prove you are ready and willing to work. You have to prove you are actively seeking a job. You cannot have been fired for cause. And, by the way, you have to have paid into the unemployment insurance fund as well. This is unemployment insurance that the workers have paid into. These are people who are actively seeking work. Guess what. When they get there, they find out there are five job seekers for every job. So we say to our friends on the other side of the aisle, where is your heart? Where is your heart? A couple of them proved that. They stepped up and voted with us. That is all. When history is written, I think this time is going to go down as a time when right triumphs over wrong, because we did get these votes. But guess what. Even though the other side knows we have those votes, they are stalling and stalling and having us vote on amendments that would give the wealthiest Americans their tax cuts, without paying for it. So when a deficit is caused by helping those who earn $1 million a year, $1 billion a year, oh, they are happy with that. But when you are trying to help mainstream America, middle-class America, the hard- working people, oh, my goodness, where are they? They are not here. Only to delay they are here. They are here to delay. This is an important moment in history, because we always had bipartisan support for extending unemployment compensation. My God, we had it when George W. Bush was President in 2003. The Republicans joined with us and extended unemployment. No problem. So I do not know where this is coming from. You are going to hear: Oh, the deficit. That is hogwash. They admit it. They admit it. They do not care about the deficit. When they are cutting taxes for their friends, they said: It does not matter. I have chapter and verse, quotes from their leadership. So this is about values. It is about whose side are you on? I am on the side of the American people, the working people. Most of us. Bernie Sanders is on that side. The Republicans who are joining us in this vote today are on that side today. This is a history-making day. It is the first time we have ever had a standoff on this issue. It is the first time we have ever seen the Republican Party walk away from working Americans like this. Again, when I was here and we balanced the budget, we created surpluses. The Republicans were not with us on that. I can honestly say, I voted to balance the budget. We did it, and we know how to do it, and we are going to do it. But do not turn your backs on people who paid into the unemployment compensation funds. It is insurance. They paid into it. And they have to be actively seeking work. I wanted to read to you a couple of stories from my State, of real people. But before I do, I want to talk about Mark Zandi. Mark Zandi, chief economist at Moody's, was one of the top economic advisers to then-Republican Presidential candidate John McCain. He says that every dollar invested in unemployment benefits, such as we are going to vote on today, produces $1.61 in economic activity. The CBO estimates it is $1.90. Why is that? It is because the people who are getting those funds to survive are going to spend it in the local economy. They are going to go out to the supermarket; they are going to go to the local gas station. Economists of all stripes agree that there is an actual return on investment here, let alone the morality of standing up for people who, through no fault of their own, cannot find a job. Let me read what a Sacramento woman said to me. Days go by when I hardly sleep at all, worrying about our bills. Since my benefits were cut off on July 1 at the end of my first extension, we have had to concentrate all of our income on paying the rent and buying food and gas. I have not been able to pay any of our other bills. I don't know how long we can make it like this. I don't know how long we can make it like this. And our friends are stalling and stalling and stalling. Two months already they have stalled. A city planner from Los Angeles writes: The effects of the recession were especially acute for anyone whose industry was decimated by the financial crisis. Since municipalities are struggling and real estate development is frozen, jobs in my industry are few . . . my unemployment checks stopped abruptly last week before the 4th of July. I called my benefits office thinking this must be a mistake, only to find that the benefits ended because Congress didn't pass the Federal extension. Another Californian said: I am very scared of what might happen if I lose the unemployment income. We don't want to lose our home. My children catch me crying at times and ask me why are you crying, mom? I can't tell them . . . Please pass this bill until this economy strengthens and more companies start to hire again. If people on the other side of the aisle can have a good night's sleep knowing this is what is happening in the greatest country in the world on our watch, then fine for them. But I have to tell you, this is a defining moment of who we are as a Nation. As a Nation. I actually had the experience of a political analyst, someone who comments on politics, say, well, you could understand why people might need two yachts, one on each coast. You know what. We better get back to the basics here: people who need to feed their families, people who need to pay their rent, people who do not want to lose their home. We have to do everything we can to revitalize the jobs market. We have taken it from 700,000 jobs lost a month under the Republicans, and we have turned it around, but not fast enough, not far enough. That is why the bills we passed here are so critical. But we have no cooperation on that. It would be one thing if the other side said, you know, let's not do unemployment, but let's work on jobs bills. Oh, no, they do not want to work on jobs bills. We have got a small business jobs bill. We are praying to God--I am--that we get one or two Republicans. This is a bill that is supported across the board by chambers of commerce, everybody. I know, Mr. President, how hard you have worked to make sure our community banks can start lending again to small businesses. I have been through nine cities in my State. I have met with small businesses. They want access to credit. This small business bill is a terrific bill, and we can leverage it without it costing the Federal Government a dime, these loans to qualified small businesses through qualified and strong community banks, and leverage all of this to be a huge stimulus, and it actually has. Because of the paybacks to the government, we even make a little bit on it. But we do not have our friends helping us with that. After they stall this unemployment bill, they will stall into the night. Hey, it is their right. It is their right. But it is my right to talk about how I feel about it. They will start stalling small business just as they stalled the tax breaks that they claimed they wanted. They stalled the bill that would have given the research and development tax credit to businesses all over this great nation that need that tax break. They have stalled a lot of other tax breaks to businesses. There are huge tax breaks to small businesses in the small business bill they are stalling. So this is a moment in history. This is a moment when partisanship is way ahead of the needs of the people of this great Nation. I think it is a sad day when some of my Republican friends come down here and start to demean the people, the people like the one who wrote to me, the woman who said: I am scared of what might happen if I lose this unemployment income. We do not want to lose our home. My children catch my crying and ask me why are you crying, mom? I cannot tell them. Please pass this bill until this economy strengthens. Well, I make this commitment: if we have to stay here through the night, until 1 or 2 a.m.--I do not know what the other side wants; they have got their plan of delaying this--fine, then we will stay here until we get it done. But we are getting this done, because it is the right thing to do, because it is the right thing to do to people who are actively seeking jobs, who have lost jobs through no fault of their own, who have paid into the unemployment compensation fund. We are going to keep on working to create those jobs so we do not have to be here again and again doing this. There are things we can do to set the stake for economic recovery. We have done some of them. I have met the workers. I have met the workers in my State who are working on the 405 freeway, the 215 freeway, the 805 freeway, the Sacramento Airport, the Caldecott tunnel extension, the Doyle Drive extension, all up and down my State. I have met those workers who have those jobs because of the Economic Recovery Act. Our Republican administration in California has stated that at least 150,000 jobs have been saved or created, and other studies show it is more than that. It is not enough. We have to keep working at it. I am sad to say all we can hope for are two or three Republican votes at that. We are grateful to those brave Republican Senators who helped us. We are grateful. I thank God for them that they have the courage to stand and say yes to the American people, yes to America's families, and no to partisan politics. I am so grateful to them. When I say that, it probably hurts them on the other side. I don't mean to do that. I am just being honest about how I feel about it. If anyone ever tells you one vote doesn't make a difference, one vote makes a difference. We swore in a new Senator from West Virginia to take the place of a leader, Robert C. Byrd, who lived his life for working people, for the workers in the mines. How appropriate it was that his first vote was to help working people, working people who, through no fault of their own, can't find work. I will wrap up at this point. I am ready, so ready for this final vote. If we have to stay here through five motions and debate the fact that the wealthiest American billionaires shouldn't have to help us with this recession, I am happy to do that. I am a believer that we all have to do our share. We all have to work together. Hopefully, tonight, whatever time it is, or in the early hours of the morning, my constituents, 200,000-plus in California, will be able to look at their kids and smile a little and say: Honey, we still have a chance. We are going to get out of these tough times. Honey, we are going to do it. That is what this place should be about at a time such as this, creating the policies that create the jobs, working together to do so but never forgetting there are people who just need that bridge until, when they go for a job, there are not four other people there for the same job. That day will come, if we can work together. I make that commitment. I yield the floor.

Mrs. BOXER. Thank you so much, Mr. President. As Senator Coburn was talking about the need to balance the budget, I was remembering that I voted to do that. With the leadership of Bill Clinton and the Democrats, we not only balanced the budget but we created surpluses. It was a great feeling. We did it, we know how to do it, and we will do it again. Let's talk about what is before us right now. It is not about the unemployed versus our children. Our long-term unemployed have children, and these children are seeing their dads and moms with their heads in their hands, they see tears, and they don't know why. I have letters from my constituents. They don't know what to tell their kids. They are working so very hard. So let's talk about what is before us today. We know how to get to the balanced budget. That is why we have budgeting. That is why we have authorizing. That is why we have appropriations. That is why President Obama has said he will cut the deficit in half at the end of his first term, and I am confident that will be the case, and maybe we can even do more. We know how to do that. Hearing the Senator from Oklahoma say we are being partisan makes no sense at all. I sang the praises of my Republican friends who have joined with us in making sure we can extend unemployment benefits today. I thank God for them, frankly. So this isn't about partisanship. It is about pulling together as a country and recognizing that we are in the worst recession since the Great Depression. It is no time for partisanship. It is time to pull together and help our kids and help our families and help those who, through no fault of their own, find themselves in this predicament. Why are we treating this like an emergency? That is what we are doing. It is something that has always been done because it is an emergency. President Ronald Reagan signed three extensions of unemployment compensation without paying for it because he believed it was an emergency and because he understood what we understand. He understood that when we, in fact, make sure unemployed people have this insurance--which they paid into, by the way--they will spend it locally, and every dollar of that unemployment compensation brings to the economy either $1.61 under calculations done by John McCain's economic adviser, Mark Zandi, or CBO, the Congressional Budget Office, which said it yields $1.90. Some of the proposals we have seen from the other side are to cut other jobs in order to pay for extending unemployment benefits. That is not going to help us at this time. So, yes, I remember the wonderful feeling I had when we balanced the Federal budget when Bill Clinton was President, when we created surpluses as far as the eye could see. The debt was on the way down. The minute the Republicans took over, they put tax cuts to the wealthiest on their credit card. They put two wars on their credit card. Spend, spend, spend, spend, spend. All that work we did was, unfortunately, reversed. What is before us today is a very simple proposition. My friend from Oklahoma says he cares deeply about the unemployed. I have no reason to doubt that. He should join us today in voting to extend these benefits. Ronald Reagan saw it clearly. He extended them three times as emergencies because it is an emergency. He knew it was counterproductive to cut other jobs to pay for the extension of unemployment benefits. We know how to balance this budget. Pay-go is a part of it. Pay-go: Pay for everything you do except emergencies. That is what we should be doing because to do otherwise is counterproductive. I am so grateful we are nearing the point where we can extend these benefits. Yes, we have been delayed. We have been delayed for 2 months. I read letters into the Record before. Here is one: I have kept up a relentless job search. I have applied for at least 600 jobs. This is discouraging, not receiving any information back. Days go by when I hardly sleep at all worrying about the bills. We have had to concentrate all of our income on paying the rent and buying gas. I can't pay for other bills. Another Californian: I am very scared of what might happen if I lose the unemployment income. We don't want to lose our home. My children catch me crying at times and ask me: Why are you crying, Mom? I can't tell them. Please pass this bill until this economy strengthens. So, again, this isn't about the way the Senator from Oklahoma phrases it. He makes it sound as though children aren't involved in this situation. They are. They are the children of the unemployed. So it is clear that, yes, we are going to have to tackle the deficit. Of course, we are going to have to tackle the deficit. We don't need to be lectured about that because we are the party that did it. We are the party that created the balanced budget. We are the party that created the surpluses, plus 23 million jobs, and the other side, unfortunately, didn't take very long to turn that whole thing around. This economy went into a ditch, and we are working hard to get it out of that ditch. So I wish to close with this: Let's take care of this emergency. It is going to help our families. It is going to help our children. It is going to help our local communities when people can go down and buy the gas at the local gas station, buy the food at the local grocery store, and be able to be stable in the community. Then let's get back immediately to working on bills that are going to create jobs. The small business bill that the Senator from Oregon has worked so hard on and the Senator from Louisiana has worked so hard on, and many of us have worked with them, that is a good bill and it is 100 percent paid for. It even has a plus to it. It is going to create jobs through small business. Small business creates more than 60 percent of the jobs in this Nation. We have a chance to help those who are struggling. So we need to get this bill behind us and go to the small business bill. We are going to need 60 votes. They are filibustering that as well. So everything we do takes 60 votes. If I read the list of supporters for the small business bill, it includes the Chamber of Commerce, the regional Chambers of Commerce, and businesses and community banks. They want to see this bill happen because our small businesses need access to credit. Our very good small businesses are being turned away. I visited so many of them. They are thriving even in this climate, but they need to expand and they can't get access to the capital. So, please, let's not see a filibuster there as well. Please, let's not see delay there as well. Let's do this unemployment compensation, get the assistance to the people who deserve it, those who are actively seeking work, who can't find it through no fault of their own, and who paid into the unemployment compensation fund. Let's get that behind us. That will help our communities. Then let's get to the small business bill. It is a small business jobs bill. Let's do the right thing. We can get this economy back on its feet, but we need to work together. Thank you very much, Mr. President. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, I wish to recognize and share with my colleagues an important milestone for the National Association of Clean Water Agencies, NACWA. The association celebrates its 40th anniversary at its annual summer conference and meeting July 20 to 23 in San Francisco. This year's conference, ``Sustainable Resource Management--Lessons from Clean Water's Past and Present,'' will surely inspire new solutions and innovative ideas to improve our country's water quality and protect the health of our children and families. Established in 1970 by a group of individuals representing 22 large municipal sewerage agencies, NACWA now represents over 300 of the Nation's publicly owned wastewater utilities. NACWA grew up alongside the landmark Clean Water Act of 1972, which has been enormously successful at reducing pollution into our Nation's waterways. The 22 founding agencies of NACWA united behind a related mission: to secure investment in municipal wastewater treatment and improve water quality. As NACWA continued to grow and diversify, they have worked to promote watershed management and the health of our ecosystems. Today, NACWA has an active membership of publicly owned treatment agencies stretching from coast to coast. NACWA provides its members with educational resources, community building, networking opportunities, and a forum for sharing best practices and building consensus on water policy. I am so pleased to acknowledge NACWA's long and distinguished record of environmental advocacy. Clean, safe drinking water is essential to all of us. The association has been a leader on a range of issues affecting our water supply. Over the course of my career in the Senate, I have had the pleasure of working with NACWA on important legislation including the Water Infrastructure Financing Act and the Water Resources Development Act. In 2008, I was honored to receive NACWA's Legislative Leadership Award for my efforts on the Water Resources Development Act, WRDA, of 2007. This historic legislation is of critical importance to our Nation's water quality and economy. WRDA 2007 garnered broad support on both sides of the aisle, and I am again working with my colleagues to pass a WRDA bill that will build on the important progress we made in WRDA 2007, continue investment in vital water resources projects, and create jobs rebuilding the Nation's aging water infrastructure. I commend the members and staff of NACWA for their dedication and support for policies that advance clean water and a healthy, sustainable environment. Their efforts have certainly had a positive impact on our Nation's environmental policy and water quality. I look forward to working with NACWA to improve our Nation's water quality, ecosystems and infrastructure for years to come by supporting legislation that protects our Nation's waterways and water supply. Together, we can ensure clean water for future generations. Please join me in celebrating the 40th anniversary of the National Association of Clean Water Agencies.

Mrs. BOXER

Mrs. BOXER. Mr. President, I wish to ask my good friend, the Senator from Connecticut and the chairman of the Banking Committee, to engage in a brief discussion relating to the final Volcker rule and the role of venture capital in creating jobs and growing companies. I strongly support the Dodd-Frank Wall Street Reform and Consumer Protection Act, including a strong and effective Volcker rule, which is found in section 619 of the legislation. I know the chairman recognizes, as we all do, the crucial and unique role that venture capital plays in spurring innovation, creating jobs and growing companies. I also know the authors of this bill do not intend the Volcker rule to cut off sources of capital for America's technology startups, particularly in this difficult economy. Section 619 explicitly exempts small business investment companies from the rule, and because these companies often provide venture capital investment, I believe the intent of the rule is not to harm venture capital investment. Is my understanding correct?

Mrs. BOXER

Mrs. BOXER. Mr. President, on Monday evening I came to the floor and spoke from the heart about my friend Senator Robert Byrd. I wanted to take the opportunity to submit a more comprehensive statement about Senator Byrd and his legacy. As I looked at his empty desk with flowers on it, I thought back to last summer when we lost another giant, Senator Ted Kennedy. And what distinguishes Senator Byrd, like Senator Kennedy, from others was his unbelievable, never-ending commitment to the people he represented and to this country. It was never a question of Senator Byrd's length of service--though his was exceptional but rather his fierce sense of fighting for West Virginians. As he told the New York Times in 2005, ``I'm proud I gave hope to my people.'' Senator Byrd was, of course, the Nation's longest-serving Senator. And he was a legend, for sure. When I came to here, I learned firsthand that he always met with the incoming Senators, to give them an introduction to the rules of the road, the procedures and dignity of the Senate, and to share his reverence for the Constitution. The image that I will always have of Robert C. Byrd is him reaching inside his suit pocket and bringing out the Constitution, which along with the Bible was what he cherished most. Senator Byrd was a giant in the Senate and a champion for America's working families. We will miss his eloquence, his sharp intellect, and his passionate oratory. He was one of our Nation's foremost historians of the Senate. He literally wrote the book on the Senate, a four-volume history. And he was not only an expert on the rules of the Senate, he was a fierce defender of its traditions and its role in our democracy. Senator Byrd fought to make sure every American had a chance to live the American dream because he lived the American dream. He was born in coal country in southern West Virginia, the youngest of five children. His mother died before he was a year old, and he was raised by his aunt and uncle on a farm with no telephone, electricity or running water. He went on to graduate first in his high school class and married his high school sweetheart, Erma, to whom he was devoted throughout their 68 years of marriage until her death in 2006. To support his wife and two daughters in the early years, he worked as a gas station attendant, a grocery store clerk and as a welder in a shipyard during World War II. A naturally gifted speaker, he was elected to the West Virginia House of Delegates in 1946 and to the West Virginia Senate in 1950. He won a seat in Congress in 1952 and his U.S. Senate seat 6 years later. He had such a passion for education that he remains the only American ever to earn a law degree while serving in Congress. President John F. Kennedy presented it to him at American University in 1963. His career in Congress spanned 12 presidents, and he cast more 18,500 votes in the Senate. He was Senate majority leader, chairman of the Appropriations Committee and President pro tempore of the Senate. He fought every day to make life better for the people of West Virginia and for all Americans. I can tell you, Mr. President, coming from the largest State in the Union, we have had our share of problems. We have had floods and fires and droughts and pests. And every single time, after every earthquake or storm or other disaster, Senator Feinstein and I came to our colleagues to say that California needed the help of the U.S. government. Every time we needed assistance, Senator Byrd, as the chairman of the Appropriations Committee, opened his doors and his heart to us, sharing his experiences and helping us in all of these cases when we were so in need. I am sure many of my colleagues can recount similar experiences. He was always there for us. And I remember so well his leadership in trying to bring the troops home from Iraq. Twenty-three of us had stood up and said no to that war, and afterwards, we worried very much about what would happen with our troops in what was shaping up to be a long war with no exit strategy. Opening up his office here in the Capitol, Senator Byrd organized us, saying, ``We need to talk about ways that we can bring this war to an end.'' He cared so much about everything he did here, from working to create opportunity for West Virginians and all Americans to maintaining the traditions and the dignity of the Senate. And for me, just to have been in his presence and to watch him work has really been an amazing experience, and so I am proud to pay tribute to him today. Senator Byrd stayed here through thick and thin, with a cane or a wheelchair, through the sheer force of will, suffering to be in this place that he loved so much and that he respected so much. There isn't a Member on either side of the aisle that didn't respect Senator Byrd for his intelligence, his strength, his extraordinary biography, and his dedication to the people of his State. What a legacy he leaves. It is a great loss for his family, for all of us in the Senate, for the people of his beloved State of West Virginia and for all Americans. I extend my deepest condolences to his family.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am honored to recognize the career accomplishments and service of Ofelia Valdez-Yeager as she retires from her position as chief administrative liaison to the Riverside County Superintendent of Schools. Ofelia--a native of Tayoltita, Durango, Mexico--immigrated with her family to the United States in 1958. Although she began first grade as a non-English-speaker, she completed the school year at the top of her class--realizing her parents' high expectations for the academic achievement of their 10 children, even though they themselves had been educated only at the elementary level in Mexico. Ofelia was admitted to the University of California, Riverside--UCR-- in 1965 as one of the initial group of five Educational Opportunity Program--EOP--students. After graduating in 1969 with a bachelor's degree in Spanish and completing the requirements for an elementary teaching credential in 1971, she embarked upon a professional career that has included work as an Upward Bound tutor and counselor, high school counseling assistant, elementary school teacher, bilingual resource teacher, and consultant for several public agencies. In 1992 Ofelia was elected to serve as the first Latina trustee on the Riverside Unified School District Board; she was later elected vice president of this same body. She expanded her commitment to public service by accepting a part-time position as administrative assistant to the mayor--focusing her expertise and energies on youth, education, and crime issues. She also served as executive assistant to the superintendent of the Riverside Unified School District. In addition to her current responsibilities as chief administrative liaison, Ofelia also serves on boards and committees of a number of local agencies and organizations, including the United Way, Concilio Child Development Centers, Fiesta de la Familia, Mission Inn Foundation, Raincross Group, Riverside County Library Foundation, Riverside Library and Museum Taskforce, UCR Medical School Community Advisory, Riverside Community College Foundation, Hispanic Education Foundation, and the Riverside County Sheriff's Commission on Recruiting, Retention, and Diversity. As founder of the Latina Women's Health Forum, as one of three founders of the Latina Network, and as a strong influence behind the Nati Fuentes Centro de Ninos on the Eastside, she continues to exert influence on education and community priorities. In recognition of her professional contributions and service, Ofelia has received the Hope Luminarias Award and the La Sierra University President's Community Service Citation. She has been named CHARO Minority Business Advocate of the Year and has been cited by the Riverside Press-Enterprise newspaper as one of the People Who Make a Difference. It is my pleasure to recognize Ofelia Valdez-Yeager as she prepares to retire from the Office of the Superintendent, Riverside County Schools. I commend her for her fine service to the community.

Mrs. BOXER

Mrs. BOXER. Mr. President, it is with a heavy heart that I ask my colleagues to join me today in honoring the memory of an extraordinary real estate investor, philanthropist, Presidential adviser, civic leader and dear friend of mine, Walter Shorenstein. Walter passed away on June 24, 2010. He was 95 years old. Walter's legendary entrepreneurship and civic involvement will benefit future generations of Americans for decades to come. Walter Herbert Shorenstein was born into a hard-working middle class family in Glen Cove, New York on February 23, 1915. He briefly attended the University of Pennsylvania before cutting his undergraduate studies short in order to serve his country in World War II. During the war, Walter was stationed in North Africa, where he managed logistics and resources for troops in Africa, Asia, and Europe. Walter met his future wife Phyllis while serving as a major at Travis Air Force Base in California. They were married in 1945, and Walter began his real estate career upon moving to San Francisco in 1946. Walter joined the commercial real estate firm, Milton Meyer & Company, and became its only partner in 1951. He later purchased the company and in 1960, began rapidly expanding its holdings over the next three decades. At various times, the company, which was renamed Shorenstein Co. in 1989, has owned numerous notable buildings including the Bank of America Tower in San Francisco, the John Hancock Center in Chicago, and the Washington Harbour Complex in Washington, DC. The Shorenstein Co., under the leadership of Walter's son, Douglas, currently controls roughly 30 million square feet of commercial real estate nationwide. In addition to his exemplary business savvy, Walter was recognized for his sharp intuition and diplomacy skills, and ultimately served as an adviser to three Presidents. President Lyndon Johnson appointed him to serve as an adviser on trade negotiations. President Jimmy Carter appointed Walter to the U.S. delegation that led peace talks between Israel and Egypt in 1978, and to the Committee for the Preservation of the White House. During the Clinton administration, Walter was appointed to serve on the board of directors of the Corporation for National Service and the U.S. Commerce Department Industry Policy Advisory Committee. In 1999, President Clinton presented Walter with the Democratic National Committee's Lifetime Achievement Award for his active service and commitment to the Democratic Party. Later in life, Walter began donating both his time and money to laudable civic efforts. In 1975, he led a group that placed 2,000 Vietnamese orphans in loving homes in the United States. In 1993, he played a pivotal role in preventing the San Francisco Giants from moving to Florida. A lifelong advocate for education, Walter contributed heavily to several prestigious educational programs and institutes. Along with his wife, he founded the Joan Shorenstein Center on the Press, Politics and Public Policy at Harvard University's Kennedy School of Government, named for his talented daughter who lost her life to cancer in 1985. Walter also funded programs at Stanford University's Asia-Pacific Research Center and the Institute of East Asian Studies at the University of California, Berkeley. Walter stood out as a driven entrepreneur who cared deeply for his community. He will be remembered by his friends and colleagues not only for his business savvy, but also for his tremendous sense of civic responsibility. His vision and hard work greatly shaped and influenced the city of San Francisco, and his civic contributions and leadership skills improved our Nation. Walter is survived by his son Douglas; his daughter Carole Shorenstein Hays; and his six grandchildren. My thoughts are with Walter's family at this difficult time.

Mrs. BOXER

Mrs. BOXER. Mr. President, today I ask my colleagues to join me in honoring the life of Los Angeles County Highway Patrol Officer Phillip Ortiz. Officer Ortiz, a 28-year veteran of the Los Angeles County Highway Patrol, died on June 22, 2010, from being struck by a vehicle while in the line of duty. His loss should remind us all of the very serious dangers that our law enforcement personnel face every day as they do their jobs. I would like to take a few moments to recognize Officer Phillip Ortiz's life. Officer Ortiz grew up in Santa Monica, CA, and joined the California Highway Patrol in August 1982 at the age of 21. Soon after, he successfully completed motorcycle training and in 1982 was eventually transferred to the West Los Angeles area where he remained for the rest of his career. He loved riding motorcycles both professionally and in his personal time. Officer Ortiz had a distinguished career and was very dedicated to the California Highway Patrol. I invite all of my colleagues to join me in recognizing and honoring Officer Phillip Ortiz for his leadership and dedication to the safety of over 10 million Los Angeles County residents. He is survived by his wife and childhood sweetheart, Jessica; his parents, Irene and Claude Clauser; and his sister, Anna, to whom I send my heartfelt condolence. Officer Ortiz leaves a lasting legacy of service.

Mrs. BOXER

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

Mrs. BOXER. Madam President, I ask unanimous consent to speak as in morning business.

Mrs. BOXER

Mrs. BOXER. Mr. President, I know several colleagues have come to the floor today to note the passing of a giant among us, Robert Byrd. I want to take a moment here to speak straight from the heart about Robert Byrd and my experience working with him. As we look at his desk with the flowers there, we of course think back to not too long ago when we lost another giant, Ted Kennedy. I think what distinguishes these two from others is their unbelievable, undying commitment to the people they represented and to this country. I think, when all is said and done, that is what it is about. It is not about how long you serve. Of course, in the case of both Senator Kennedy and Senator Byrd, it was so long. Senator Byrd made history as the longest serving Senator, and that should be duly noted. But it is well beyond that. It is about this fierce sense of ``fight for your people'' that they both had. When I came to the Senate, of course Robert C. Byrd was a legend for sure. He always met with the incoming Senators, to give them the rules of the road about procedure, about how to conduct yourself when you were in the chair, about the dignity of the Senate, and most of all about reverence for the Constitution. As many know and many saw, the image I will always have of Robert C. Byrd is of him reaching inside his suit pocket and bringing out the Constitution--which, along with the Bible, was what he cherished most. He taught us that everything we do here comes from the Founders, and he taught us to love and respect the Constitution and he did it in a way that was truly inspiring. I can tell you, coming from the largest State in the Union, we have our share of problems. We have floods and fires and droughts, we have pests in our agricultural industry, we have problem after problem-- earthquakes, need I say that? Every single time we had one of these disasters, Senator Feinstein and I knew we had to go to our colleagues and say: Please understand, California needs the help of the U.S. Government because the damage is so massive. Of course, we all do that whenever our State has a problem, because we are the United States of America. However, there are times when you do not have an ear that is listening. Senator Byrd, as the chairman of the Appropriations Committee, opened his doors to us, opened his heart to us, opened his experience to us, and was always there for us. I so remember that, time after time. I went to see him about our water problems. We have lots of water problems. We have cities and suburbs that need the water. We have fishermen who need the water. We have agriculture that needs the water. All the stakeholders have very difficult debates over water. Senator Feinstein and I again have teamed up on this and we have always had a willing listener in Robert C. Byrd, who understood and helped us get the stakeholders to the table to find ways to preserve, to conserve, and increase the supply in a smart way for all those stakeholders. These things are very big to the people of California, who probably have not connected Robert Byrd to California. But in all of these cases where we were so in need, he was there for us. I remember so well his leadership in trying to bring the troops home from Iraq. Twenty-three of us stood up and said no to that war because we thought it meant taking our eye off Osama bin Laden and what was happening in Afghanistan and turning around and going into Iraq. We worried very much about what would happen with our troops and that it would be a very long war and there was no exit strategy. Senator Byrd organized us and he opened his office here in the Capitol and said we need to talk about ways that we can bring this war to the end. We need to organize and we need to talk about what is happening to our troops. He cared so much. For me, to have been in his presence and to watch him work has been an amazing experience. So I rise to pay tribute to him. He has so many wonderful family members who care so much about him. When he lost his wife, it took a huge toll on Robert Byrd, and you saw it in his face. A light went out inside. His grandchildren and children stepped up, but that hole in his heart was there. It was evident to all of us. He stayed here through thick and thin, came in--wheeled in, in a wheelchair, fading, suffering, to be in this place that he loved so much, so much; that he respected so much. I say, and I know, there is not a Member on either side of the aisle who did not respect Robert C. Byrd for his brilliance, for his strength, for his fierce representation of his State and, by the way, for his extraordinary biography, coming up the way he did. Talk about the American dream--a child of dire poverty, close to the mines. He always fought for those miners. What a legacy he leaves. I don't have any notes in front of me. I am speaking from the heart today. I will have a more complete statement, but I did want to make my views known today and send my condolences to the family. It is a great loss for everyone.

Mrs. BOXER

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

Mrs. BOXER. Mr. President, I rise today in strong support of the comprehensive Iran Sanctions Accountability and Divestment Act of 2010. I wish to particularly thank my colleagues on the Banking Committee for working to bring this conference report to the floor. I have said many times before that we don't have a moment to waste when it comes to Iran. We must focus like a laser beam on Iran's dangerous refusal to cease uranium enrichment in defiance of the Nuclear Nonproliferation Treaty and multiple United Nations Security Council resolutions, because we know that Iran could not only use any weapons it acquires, but it could proliferate nuclear material and technologies to terrorist groups and rogue regimes around the world. We must act today. Iran is a threat to the security of the United States, the Middle East, and the rest of the globe. Let me list a few of the many important provisions of this bill. First, it would specifically target companies involved in refined petroleum sales to Iran and those who are supporting Iran's domestic refining efforts. This is critical, because countless experts have told us that the way to pressure Iran is to target its oil and gas sectors. I have believed this for a long time, and I have been pushing for this bill for a long time. According to the Government Accountability Office: In recent years, oil export revenues have accounted for 24 percent of Iran's gross domestic product and between 50 and 76 percent of the Iranian government's revenues. So we need to go after their revenues, because they are being used to push forward their nuclear program, which is so dangerous. We have to take away those resources, and this sanctions bill is a very good way to do that. Second, this bill would also prohibit U.S. banks from engaging in transactions with foreign financial institutions that continue to do business with Iranian banks and Iran's Islamic Revolutionary Guard Corps. I think Chairman Dodd and Chairman Berman captured best what this provision means: Cease your activities or be denied critical access to America's financial system. Third, the bill would also place significant penalties on Iran's human rights abusers. I don't think I have to explain why this is essential. Like many of my colleagues, I have watched human rights violations inside of Iran, including the brutal suppression of the opposition ``Green Movement'' that has sought to have its voice heard. Fourth, I am especially pleased that the bill includes a provision requiring companies bidding on a U.S. Government procurement contract to certify that they are not engaged in sanctionable conduct. This is so important, because a recent GAO study found that the U.S. Government awarded $880 million to seven companies between fiscal years 2005 and 2009 that were also doing business in Iran's energy sector. Taxpayer dollars from hard-working Americans must never be used to purchase goods or supplies from companies who are working to develop Iran's energy sector or who are engaged in any behavior that is prohibited by sanctions. Finally, this bill codifies in law longstanding Executive orders that prohibit American companies from doing business in Iran. American firms, including through their subsidiaries, must never be allowed to value a quick profit over the national security of America. I know we are going to pass this conference report today, and I know it will have strong support in the Senate. But what we must do next is be vigilant in ensuring that the new sanctions created by this bill are enforced to the fullest extent possible. I asked the administration if they are ready to enforce this law should it pass, and they said absolutely. The situation is grave. We must send a clear and resounding message to Iran that it will pay a very heavy price for its continued defiance of international law and its reckless behavior which, again, threatens the Middle East and threatens the entire world. So I am looking forward to voting for this and making sure as a member of the Foreign Relations Committee that this sanctions act is enforced. Thank you very much. I yield the floor and I note the absence of a quorum.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask my colleagues to join me in congratulating the 2009-2010 National Basketball Association champions, the Los Angeles Lakers. In winning their 16th championship, and the 5th of this decade, the Lakers cemented their status as one of the most successful and storied franchises in the history of professional sports. Led by a dedicated management and coaching staff and with contributions from an outstanding roster of perennial all-stars, reliable veterans and exciting young players, the Lakers began their successful defense of their 2008-2009 championship by compiling the best regular season record in the Western Conference. During the playoffs, the Lakers stood tall against challengers to their title as they defeated the Oklahoma City Thunder, the Utah Jazz, and the Phoenix Suns en route to winning the Western Conference title. In the NBA finals, the Lakers triumphed against their archrivals, the Boston Celtics, in a fiercely contested seven-game series that gripped basketball fans from coast to coast and the world over. True to their reputation as a team of great resolve and determination, the Lakers overcame a deficit in the last quarter of the deciding game in order to ensure that the NBA championship trophy will reside in Los Angeles for at least another year. It is my pleasure to congratulate the members of the Lakers organization who worked tirelessly to bring the championship to Los Angeles and Southern California. As the Los Angeles Lakers and their fans celebrate the 2009-2010 championship campaign, I congratulate them on another remarkable and memorable season and wish them continued success in future seasons.

Mrs. BOXER

Mrs. BOXER. Mr. President, I wish to express my strong support for California Superior Court Judge Josephine Staton Tucker, who will be confirmed today to the U.S. District Court for the Central District of California. Judge Tucker was recommended to the President by my colleague, Senator Feinstein, and will be a great addition to the Federal bench. Judge Tucker has had a distinguished career. After graduating from Harvard Law School, she served as a Federal clerk for Judge Gibson of the Eighth Circuit Court of Appeals. Following her clerkship, she practiced labor and employment law at Morrison & Foerster in San Francisco and Irvine, CA, becoming a partner at the firm in 1995. In 2002, she was appointed by then-Governor Gray Davis to the Orange County Superior Court. I congratulate Judge Tucker and her family on this important day, and wish her the best as she begins her tenure as a Federal judge. Mr. President, I yield the floor. I ask that the time in the quorum call be charged to both sides equally. I suggest the absence of a quorum.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to recognize the 150th anniversary of the Nevada City Fire Department in Nevada City, CA. The Nevada City Fire Department was formed in June 1860 after a group of local women set up theatrical shows and a ball to raise funds to form a fire department. The fire department began with three fire companies: the Nevada Hose Company No. 1; Eureka Hose Company No. 2; and the Protection Hook and Ladder Company No. 1. In 1861, the first fire station was built to house the volunteer fire departments in downtown Nevada City and had a service area of about 1 square mile. Over the years, the Nevada City Fire Department has evolved to meet the growing needs of Nevada City. In 1938, a new city hall and fire station were built and, in 1960, the first paid fire chief was hired. Nearly four decades later, in 1999, a new fire station was built to accommodate the department's needs. In 2000, the city hired its first paid fire fighter to staff the fire station during the day and, by 2003, three paid fire fighters were hired to man the fire station 24 hours a day. Today, the Nevada City Fire Department has 20 employees serving over 3,000 residents with three fire engines and two fire stations. They respond to over 500 calls for service every year in their 2 square mile service area, and assist on calls from mutual aid areas including wild land fires on national forest land. As the community celebrates the Nevada City Fire Department's sesquicentennial anniversary, I would like to congratulate and thank all of the brave men and women of the Nevada City Fire Department who have proudly served their community over the past 150 years.

Mrs. BOXER

Mrs. BOXER. Mr. President, unfortunately I was unable to make this morning's vote on the nomination of Tanya Walton Pratt to be United States District Judge for the Southern District of Indiana. Had I been present for the vote, I would have voted aye on the nomination.

Mrs. BOXER

Mrs. BOXER. How much time remains on the Republican side?

Mrs. BOXER. I thank the Chair.

Mrs. BOXER. Madam President, I ask unanimous consent that whatever extra time was given to the other side be added to our time.

Mrs. BOXER. Madam President, at this point, we are going to hear arguments against the Murkowski resolution from Senator Durbin for 6 minutes, followed by Senator Reed of Rhode Island for 5 minutes.

Mrs. BOXER. Madam President, our speakers at this time will be Senator Shaheen for 5 minutes, Senator Sanders for 5 minutes, and Senator Cantwell for 5 minutes.

Mrs. BOXER. Madam President, at this time I yield 10 minutes to Senator Feinstein, followed by 10 minutes to Senator Carper.