Barbara Boxer

Mrs. BOXER

Mrs. BOXER. How much time remains?

Mrs. BOXER. I want to say, on behalf of many of us on this side of the aisle, how glad we are that Senator Bunning has changed his mind and taken the option he was presented with on Thursday; that is, to offer an amendment and then for us to get this done. Too much pain is out there with the unemployed. A lot of workers in my State and in States all across this Nation who are unemployed suffered a great deal of anxiety over this long weekend. Mr. President, 2,000 Department of Transportation inspectors were furloughed. That led to stoppage of work on bridge and highway construction in 17 States, because Senator Bunning didn't take the deal he is taking now. I am glad he is taking it. I raise a point of order that the pending Bunning amendment violates section 311 of the Congressional Budget Act.

Mrs. BOXER. I raise a point of order that the pending Bunning amendment violates section 311 of the Congressional Budget Act.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to introduce the Soledad Canyon High Desert, California Public Lands Conservation and Management Act of 2010. This bill would resolve a twenty-year-old mining dispute between the City of Santa Clarita and CEMEX USA, and have numerous other benefits for communities in Los Angeles and San Bernardino Counties, CA. In 1990, the Bureau of Land Management awarded CEMEX two 10-year consecutive contracts to extract 56 million tons of sand and gravel from a site in Soledad Canyon. The City of Santa Clarita strongly opposed CEMEX's expansion of mining in this area. After 2 decades of conflict and nearly a decade of litigation, the two parties announced a truce in early 2007, and started working out an agreement. This legislation would implement the terms of that agreement. It would require the Secretary of the Interior to cancel CEMEX's mining contracts in Soledad Canyon and prohibit future mining at this site. The BLM would sell lands near Victorville, CA, that are currently on its disposal list, and would use the proceeds to compensate CEMEX for the cancellation of its mining contracts. The City of Victorville and County of San Bernardino would have the right of first refusal to purchase many of these parcels, which would help satisfy their future development needs. Some of these funds would also go towards the purchase of environmentally-sensitive lands in Southern California. My legislation would settle a twenty-year-old dispute to all parties' satisfaction, complement future development plans in Southern California, help secure important lands for conservation, and do all of this without any cost to taxpayers. That is why it has already won the support of a diverse group of interests, including the City of Santa Clarita, CEMEX, the Santa Monica Mountains Conservancy, and the Sierra Club. I have worked with Representative Buck McKeon in introducing this measure and look forward to working with my colleagues in the Senate to secure its passage.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to introduce the Soledad Canyon High Desert, California Public Lands Conservation and Management Act of 2010. This bill would resolve a twenty-year-old mining dispute between the City of Santa Clarita and CEMEX USA, and have numerous other benefits for communities in Los Angeles and San Bernardino Counties, CA. In 1990, the Bureau of Land Management awarded CEMEX two 10-year consecutive contracts to extract 56 million tons of sand and gravel from a site in Soledad Canyon. The City of Santa Clarita strongly opposed CEMEX's expansion of mining in this area. After 2 decades of conflict and nearly a decade of litigation, the two parties announced a truce in early 2007, and started working out an agreement. This legislation would implement the terms of that agreement. It would require the Secretary of the Interior to cancel CEMEX's mining contracts in Soledad Canyon and prohibit future mining at this site. The BLM would sell lands near Victorville, CA, that are currently on its disposal list, and would use the proceeds to compensate CEMEX for the cancellation of its mining contracts. The City of Victorville and County of San Bernardino would have the right of first refusal to purchase many of these parcels, which would help satisfy their future development needs. Some of these funds would also go towards the purchase of environmentally-sensitive lands in Southern California. My legislation would settle a twenty-year-old dispute to all parties' satisfaction, complement future development plans in Southern California, help secure important lands for conservation, and do all of this without any cost to taxpayers. That is why it has already won the support of a diverse group of interests, including the City of Santa Clarita, CEMEX, the Santa Monica Mountains Conservancy, and the Sierra Club. I have worked with Representative Buck McKeon in introducing this measure and look forward to working with my colleagues in the Senate to secure its passage.

Mrs. BOXER

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

Mrs. BOXER. Mr. President, we all went home over this recess--most of us did--and we heard very clear messages. At least I can tell you I did. The messages are: Address the problems that face us and reach out a hand across the aisle and do it together. Pretty simple. Today we have a chance to do that. Today we have a very clear chance to do that and to lift the spirits of the American people. The bill we will be voting on--actually we are voting to take it up, in essence; we need 60 votes to do that, unfortunately, because there is a filibuster again on this--is a very simple, straightforward jobs bill. It has four parts. Two relate to tax breaks for business for doing good things. One is buying new equipment and getting a break on the expensing. The other is hiring people who have been unemployed for 60 days or more. The other two pieces involve the extension of the highway trust fund and the Build America Bond program, and that relates to building our infrastructure. In the case of the highway trust fund, of course, it does fund transportation of all kinds: transit systems as well as highways, bridges, roads. Very important. Build America Bonds is a way to help the States issue bonds that they have voter approval to do, and helps them with the interest rate. In California, that program--Build America Bonds--resulted in billions of dollars of bonding to build roads and schools and all kinds of important necessities for my people back home. So we have four things before us in one package: two tax breaks very important to businesses and two very important infrastructure measures. I want to have printed in the Record--and I ask unanimous consent to do so--a very important letter sent to us by the American Association of State Highway and Transportation Officials, the American Road and Transportation Builders Association, the Associated General Contractors of America, the U.S. Chamber of Commerce, the Laborers International Union, and the International Union of Operating Engineers.

Mrs. BOXER. I have to say I have worked with these organizations over the break to talk to them about what will happen if we vote this measure down and we do not continue our funding through the highway trust fund. They are very clear, and I am going to give you the information they told me about job losses that will happen if we do not act today. As I read this list, I hope, Mr. President, you realize these organizations are Republican organizations, Democratic organizations, bipartisan organizations. They have Independents, Republicans, and Democrats. The Chamber of Commerce, we all know they tend to go with the Republican side most of the time. They want a ``yes'' vote. The general contractors, they generally go--generally go--with the Republicans. They want a ``yes'' vote. Then you look at the unions, the workers, they generally go with the Democrats. They want a ``yes'' vote. And why? Because they are fearing if we do not act, we are going to hurt business and we are going to hurt the working people of this country. They say: Passage of [this] legislation . . . will provide much needed certainty and stability within the States, local transportation authorities and transit agencies to make long- term capital commitments and plan for a full season of work. . . . Without an extension that . . . stabilizes the Highway Trust Fund-- Which, by the way, this does-- the transportation construction industry will continue to decline and much needed transportation investments cannot be made. I want to repeat that. This is not a quote from a Senator, Republican or Democratic or Independent. This is a quote from the Republicans and the Democrats and the Independents who are represented by the American Association of State Highway and Transportation Officials, the American Road and Transportation Builders Association, the Associated General Contractors of America, the U.S. Chamber of Commerce, the Laborers International Union, and the International Union of Operating Engineers. They are telling us this is critical. They say: ``The Nation needs these investments now.'' They put the word ``now'' in bold letters. Not tomorrow, not next week but now. We urge the Senate to act to move this critical legislation. It is critically important, given the urgency of the investment in jobs issues that these provisions be included in the Senate jobs bill and they are. Today, we have a chance to have a fresh start by voting for cloture-- in other words, ending a filibuster--on this package of four bills, two tax breaks for businesses and two very important investments in our infrastructure. I wish to give the numbers that were given to us by the American Association of State Highway Officials. We have asked the State highway officials in our States--and I see Senator Casey here; in his State--we have asked them all to give us an idea of the jobs we would lose if we do not make that $20 billion transfer into the highway trust fund that is included in the Reid jobs bill. In Arizona, it is estimated we would see 6,800 jobs lost; in California, 31,000; in Florida, 17,000--I am rounding these off--in Illinois, 11,000; Iowa, 4,000; Maine, 1,400; Massachusetts, 5,300; Michigan, 9,300; Missouri, 7,800; Nevada, 2,590, to be exact; Ohio, 12,000 jobs--let me repeat, 12,000 jobs would be lost in Ohio--in South Carolina, 5,000; Texas, 29,000-plus jobs would be lost if we don't get moving on this bill; in Utah, 2,600; and in Wisconsin, 6,500. I just picked these States out for purposes of explanation. If we fail to pass an extension, period, we would lose 1 million jobs in this great Nation. So there are two scenarios. One is if we fail to extend the program, this is what will happen. The States will lose jobs immediately. If we don't authorize this program, we will lose 1 million jobs. Without the transfer, this highway trust fund will not have any funds by the summer. Some people say June. Some people say August. I ask my colleagues who may be watching this debate: Please consider what it will be like when you have your contractors come and tell you they have had to stop a project in midstream--a highway, a bike path, a freeway, fixing a bridge that is perhaps in danger of collapsing. So I will tell my colleagues I don't think we have a choice. I ask unanimous consent to have printed in the Record the estimated job loss if there is no extension whatsoever of the highway trust fund.

Mrs. BOXER. Mr. President, this is a pretty straightforward vote for us today. In essence, everything in this jobs bill is bipartisan. Everything in it is bipartisan. I can tell my colleagues right now that my Republican colleagues tell me they want to reauthorize this highway trust fund through the end of the year. They want to make sure the trust fund has the dollars it needs. Well, then, what is the reason why one might not vote to end the filibuster? Some say we didn't get everything we wanted in this bill. Well, neither did I. There are many things I would like to see in a jobs bill, believe me. I didn't get them in this bill because Senator Reid said we have to go slowly. We are going to have these smaller packages. They are more understandable. I think he has a point. But each of us could write our own jobs bill. Senator McConnell could write his. I could write mine. The fact is, what Senator Reid has done is to take four provisions that are bipartisan in nature and put them in this jobs package. Frankly, I don't know how anyone could face their constituents in a time of unemployment that we are seeing now. Even though we have certainly gone from bleeding--600,000 jobs a month, 700,000 jobs a month--to very few in comparison, we have a long way to go. Building the infrastructure of this Nation is done by the private sector. We hear the Republicans on the other side say: Well, we want this to be built by the private sector. That is how this program works. I ask unanimous consent to have printed in the Record at this time a notice that went out from the Missouri Department of Transportation, if I may.

Mrs. BOXER. Mr. President, I wish my colleagues to hear this because it is very shocking, and it could happen in Delaware, California, Pennsylvania, any of our States. It is a special notice to contractors, dated February 19: All bidders take note. Unless the Federal Government takes the necessary steps to ensure the availability of Federal funds for the remaining fiscal year prior to 12 p.m. on February 25, the scheduled February 26 bid opening will be postponed or withdrawn until further notice. This is real. This is real. I know this is a political season. I know firsthand it is a political season. But there comes a time when we have to put politics aside for 5 minutes--I would say 15 minutes--when we vote, put it aside for 15 minutes and let's not have a circumstance where we hear from the Missouri Department of Transportation that they are about to shut down their bidding process. I also ask unanimous consent to have printed in the Record a letter from the American Highway Users Alliance.

Mrs. BOXER. Mr. President, it is signed by their CEO and President. They are asking us to support this bill. Here is what he says: Our members represent millions of motorists, RVers, motorcyclists, as well as hundreds of truck and bus companies. It is critical that the Highway Trust Fund remain solvent, that the expired bill be extended through the current fiscal year, and that the rescissions that took affect in September be repealed. They get it. These are our constituents who drive on the highways and the freeways, and they are begging us to act and set aside our political games for 15 minutes and vote cloture. By the way, I am hopeful we can; I am. I also have a letter to the Members of the Senate: The current lack of funding certainty in the Federal highway market is having a devastating effect on the transportation construction industry. Our industry is in dire economic shape. We urge the Senate to act promptly on passing the Reid amendment. Let me tell my colleagues who signed this letter. The President and CEO of American Concrete Pavement Association, the President of the National Asphalt Pavement Association, the President of the National Ready Mixed Concrete Association, the President and CEO of Portland Cement, the President and CEO of the National Stone, Sand, and Gravel Association. Mr. President, I ask unanimous consent to have this letter printed in the Record.

Mrs. BOXER. Mr. President, these letters are stark in their message to us. If we don't listen to this incredible group of people who are writing us these letters--these are Republicans, they are Democrats, they are Independents, they are Americans. They are saying: Set aside your differences and fund the highway trust fund. This vote will send a shiver through the spine of our entire business community and our working people if we don't get 60 votes today. So we have an opportunity today to send the clearest of messages that we are ready to come together around a simple premise; that is, the transportation infrastructure of this Nation is not a political whipping boy. There is no time to play politics here--no time. We have one State already saying: Beware. We are putting off our contracting. What more do we need to see than that? This is just the beginning of what is going to happen. We know the Build America Bonds program, which will allow State and local governments to borrow at lower costs, is going to put people to work. Our treasurer, California treasurer Bill Lockyer, said Build America Bonds have enabled the State--our State--to sell more than $19 billion in general obligation funds to meet voter- approved mandates for more than 7,000 vital infrastructure projects, in turn creating or sustaining more than 100,000 solid, middle-class, private sector jobs and businesses, large and small, in California. The Build America Bond program is something our local people want, whether they are in California or anywhere else in the Nation. This program can cover bonds for school construction, clean energy, and all the rest. It will allow us to put people to work, and the decisions will not be made here but in our cities, our counties, and our States. Clearly, the two infrastructure pieces in the Reid bill are essential in both saving jobs and creating new jobs. Investments in infrastructure are a crucial component of job creation in our Nation. As we work our way out of this recession, the last thing we want to do is create uncertainty about our transportation funding. Too many people are counting on it. I wish to mention, as the chair of the Environment and Public Works Committee, that what we are doing today will give us the time we need to pass a larger authorization, and I am working on that authorization with Republicans and Democrats on our committee. I wish to commend, in particular, Senator Voinovich for reaching out to me in an extraordinary way. He is reaching out his hand and he says: Let's get started. I say to him, through my remarks on the Senate floor: Absolutely. We are going to start working. That bill is going to be transformational. It is going to, I think, be another boon to our economy. There is one thing I can say after spending so much time back home. I have not heard one of my constituents in my State--and I traveled to every part of my State and I met with Democrats, Republicans, Independents, business, labor, nurses, firefighters, everybody--not one disagrees with this point; that is, a great nation must have a great infrastructure. Our infrastructure must be updated. That means our roads, our bridges, our highways, our transit systems, our sewer systems, our water systems. We have water systems with arsenic in them. We have water systems that are not healthful for our families. No great nation can be a great nation if our people are not at the top of their game. You can't be at the top of your game if your child is getting ill because they are drinking tainted water. These are the things we have to do, and they are done in the private sector. On the transportation side, there is a separate fund for that highway trust fund, separate funds that go into that user fee, and that is how we fund our highways and transit systems. It is a very sound idea. Again, I say to all colleagues: If we turn our back today on this very straightforward proposal that extends the highway trust fund and gives it the funding it needs to spend at the authorized levels, we are going to see more State departments of transportation, such as this one in Missouri: Special Notice: Unless the Federal Government takes the necessary steps to ensure the availability of Federal funds for the remaining fiscal year, then the bid opening will be postponed or withdrawn until further notice. That is not a threat; it is real. I yield the floor.

Mrs. BOXER. Madam President, before the majority leader leaves the floor, I want to say to him that today jobs triumphed over politics. That is a great day around here. Jobs triumphed over politics. I want to say to Senator Reid, this idea you have to keep these bills very straightforward and very easy to understand, this bill, four parts to it, two parts dealt with infrastructure, two parts dealt with tax breaks that were related to making capital investments and hiring unemployed workers, is very simple for people to understand. I have to say to my Democratic colleagues, 57 of whom voted for this, thank you. And to the five Republicans who joined us, thank you so much. It means so much to the working families of this country, to the business community. I want to say a special word to Senator Lautenberg if he is watching. I know how strongly he supports transportation. He is kind of Mr. Transportation in New Jersey. We all wish him well. We know he would have been here if there was any way for him to be here. I will not say any more than I said before. I want to thank specific people out there around the country whom I talked to on several conference calls over this break. They were always there. Night and day we talked. I explained to them how close this vote would be. They explained to me that they understood what the stakes were, a million jobs at stake in relation to the highway trust fund, thousands more at stake in relation to the Build America bonds. This is a good day. I thank the American Association of State Highway and Transportation Officials; the American Road and Transportation Builders Association; the Associated General Contractors of America; the U.S. Chamber of Commerce; the Laborers International Union; the International Union of Operating Engineers; the American Highway Users Alliance; Faster, Better, Safer Americans for Transportation Mobility; the AAA, which wrote to us. I want to say to all of them, they made this vote work because they knew what was happening on the ground. In closing, I have one more thank you. This is a strange thing to say but I want to thank the Missouri Department of Transportation for telling the truth. Listen to what they wrote: All bidders--PLEASE TAKE NOTE!--Unless the federal government takes the necessary steps to ensure the availability of federal funds for the remaining fiscal year, bid openings will be postponed or withdrawn until further notice. In other words, the Department of Transportation in Missouri, being the first State to be hit with this mess--by the way, followed closely by North Dakota, they are very close to this place, all of our States are--they came forward and told the truth that we had to act today. I hope the House will act with us, and we will get this resolved. In March we will start on the new bill. It is a good day. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Madam President, I ask my colleagues to join me in honoring the memory of Judge Myron Donovan ``M.D.'' Crocker. Judge Crocker passed away on February 2 at his home in Chowchilla. He was 94 years old. M.D. Crocker was born in Pasadena on September 4, 1915. In 1918, his family moved to Caruthers in Fresno County and then to the city of Fresno in 1921. After graduating from Fresno High School, he earned a degree in political science from Fresno State College. In 1940, he graduated from Boalt Hall Law School at University of California, Berkeley, and passed the California bar. Instead of beginning his career in the legal field, Judge Crocker joined the FBI serving in Albany, NY, where he specialized in deciphering codes during World War II. After a stint in the FBI's Los Angeles office, he returned to the San Joaquin Valley in 1946 where he served as assistant district attorney in Madera County. In 1953, he was elected to the Justice Court in Chowchilla. Five years later, he was appointed by Governor Goodwin Knight as a Madera County Superior Court judge. When he was appointed by President Dwight Eisenhower to the Federal court bench, Judge Crocker, at 44 years old, became the youngest Federal judge in the United State at the time. For 8 years, he commuted to his job in Los Angeles. In 1961, he became the first Fresno based Federal judge with the creation of the Eastern District of California. For the next 12 years, Judge Crocker heard all the cases in the southern section of the Eastern District until a second Federal judge was authorized in Fresno. Judge Crocker would serve under 10 U.S. Presidents during a remarkable career on the Federal bench. Despite earning senior status in 1980, he continued to work and hear cases until he retired in 2002 at the age of 87. A man of keen intellect, Judge Crocker was also acknowledged by those who knew him for his gregarious nature and gentlemanly ways. He was admired by his colleagues for his sharp memory. A giving person, he lent his time and talents to a number of community causes, including Lions Club and coaching Little League baseball. In his spare time, he enjoyed golfing, tending to his garden and playing bridge with his friends. He will be missed. Judge Crocker was preceded in death by his beloved wife of 68 years, Elaine. He is survived by his son, Glenn; daughter and son-in-law, Holly and Robert Longatti; grandchildren, Donovan, Justin, Todd and Adam; great- grandchildren, Luke, Noveli, Brandon and Tyler; and sister, Janice Ahlf.

Mrs. BOXER

Mrs. BOXER. Madam President, I ask my colleagues to join me in celebrating the 100th anniversary of the city of Lindsay, a vibrant, family-oriented community located in California's San Joaquin Valley. In the late 1880s, the Southern Pacific Railroad expanded into Tulare County and the development of the Lindsay townsite progressed. On February 28, 1910, the city of Lindsay was incorporated with a population of 1,500 people. The beginning of the 20th century would see economic growth and an increase in population in the area. Attracted by the promise of Lindsay's growing economy and appealing living conditions, the city of Lindsay became a popular destination for people in search of a better livelihood. The city's rail cars would transport the region's agricultural products to new markets, allowing the citrus and olive industries to flourish. Spanning the 20th century, the city of Lindsay thrived with the addition of businesses, churches, schools, and community organizations. The ingenuity and determination of new generations of farmers would continue to enhance the city's agricultural eminence. Even when faced with the hardships of the Great Depression, community members and the Lindsay Chamber of Commerce pulled together to establish the first Orange Blossom Festival in 1932, which promoted the city's prolific citrus industry. To this day, the Orange Blossom Festival continues to be a citywide celebration of the city's rich heritage in citrus growing. In 1995, the city of Lindsay was awarded the prestigious All America City Award by the National Civic League. This well deserved recognition is a testament to the city of Lindsay's community spirit. The city of Lindsay has grown from a town of 1,500 to a strong community of over 10,000 residents. The successful history of the city's first hundred years can be attributed to its vision, optimism, and an endearing sense of community. As the residents of the city work together to make their community a better place to call home, I congratulate them on their centennial celebration and wish them another 100 years of good fortune and success.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on February 22, 2010, at 2:30 p.m.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask my colleagues to join me in honoring the memory of Clu Cotter, Kevin O'Conner, Tom Stolberg and Dennis Donovan. Clu Cotter, Kevin O'Connor, and Tom Stolberg, employees of the California Department of Fish and Game, and Dennis Donovan, a helicopter pilot, tragically lost their lives on January 5 as a result of a helicopter crash that occurred during an aerial deer survey in eastern Madera County. Mr. Clu Cotter was the California Department of Fish and Game associate wildlife biologist stationed in Fresno. He studied the North Kings and San Joaquin deer herd populations, and rare carnivores in the high Sierra. He was often called on to hike or ski into remote rugged areas for his work. He was admired by his colleagues for his positive attitude and devotion to his family, as well as his humor and endurance. In his spare time, he was an avid outdoorsman with a keen sense of adventure and a deep love for nature. In 1985, he used his outdoor survival expertise to successfully rescue a group of hikers who were caught in a lightning storm in Yosemite National Park. A devotee of cyclocross, a form of bicycle racing that combines elements of cross country cycling and mountain biking, Mr. Cotter was renowned as one of the most accomplished mountain and distance bicyclists in Central California. Mr. Cotter is survived by his wife Marni Cotter and two sons Ren and Jamie. He was 48 years old. Mr. Kevin O'Connor was a Supervising Biologist in the California Department of Fish and Game region 4 office. After graduating from the University of California at Davis in 1993, he worked for the U.S. Forest Service in central and northern California. He later joined the Department of Fish and Game and was promoted to senior wildlife biologist in 2005, a position in which he oversaw wildlife management in nine counties. He was a dedicated scientist who did extensive work on the ecological reserves of the San Joaquin Valley and with protected and game species in the southern Sierra Nevada range. He sought to elevate the quality of scientific information used for wildlife management and other activities, such as timber harvest. His expertise and leadership qualities earned him the respect of his colleagues. Mr. O'Connor is survived by his wife Keri; daughters Kayleigh, Michelle, McKenna; and son Aidan. He was 40 years old. Mr. Tom Stolberg joined the Department of Fish and Game in 2004 as a scientific aide in the wildlife management office in Fresno. Tom was the first person most people talked to when contacting Wildlife Management, and soon became expert in providing the public sound information on hunting, and wildlife in general. Tom also assisted with wildlife habitat projects, capturing deer for telemetry studies, and managing special public hunts. A man of many talents and interests, ranging across hunting, medieval reenactments, metalworking, gourmet cooking, and more, he was described by his mother as a walking encyclopedia who could speak with authority on everything from sewing to World War II history. An Eagle Scout, he remained active in the Boy Scouts by leading young people on trips through Yosemite National Park. He will be fondly remembered for his professionalism, intellect, and his warm and gregarious personality. Mr. Stolberg is survived by his parents, brother, and sister. He was 31 years old. Mr. Dennis Donovan, a Navy veteran, was an experienced pilot who had been flying since 1964. He served three combat tours in Vietnam and worked as a naval flight instructor in Florida, and for the USGS and Mercy Air. He worked for Landalls Aviation for almost 30 years and had flown for State and Federal agencies, including the California Department of Fish and Game for survey flights. Mr. Donovan is survived by his wife Arlene; two sons Matthew and Douglas; and five grandchildren. He was 70 years old. I offer my heartfelt condolences to the families, friends, and colleagues of Clu Cotter, Kevin O'Connor, Tom Stolberg and Dennis Donovan. They valiantly sacrificed their lives in the pursuit of science, conservation and public service. Their exemplary service epitomizes the commitment and courage that Department of Fish and Game employees exhibit on a daily basis, often with little or no fanfare, in their effort to enhance the public enjoyment of California's abundant and diverse native wildlife, fish and plant species and their natural communities. Their goodness, dedication and accomplishments are appreciated and will not be forgotten. We shall always be grateful for the sacrifice that Clu Cotter, Kevin O'Connor, Tom Stolberg and Dennis Donovan made in giving their lives to help make California a better place. They will be missed.

Mrs. BOXER

Mrs. BOXER. Mr. President, the Honest Leadership and Open Government Act of 2007 calls for the Select Committee on Ethics of the U.S. Senate to issue an annual report not later than January 31 of each year providing information in certain categories describing its activities for the preceding year. Reported below is the information describing the committee's activities in 2009 in the categories set forth in the act: (1) The number of alleged violations of Senate rules received from any source, including the number raised by a Senator or staff of the Committee: 99. (In addition, 26 alleged violations from the previous year were carried into 2009.) (2) The number of alleged violations that were dismissed-- (A) For lack of subject matter jurisdiction or in which, even if the allegations in the complaint are true, no violation of Senate rules would exist: 58. (This figure includes 12 matters that were carried into 2009.) (B) Because they failed to provide sufficient facts as to any material violation of the Senate rules beyond mere allegation or assertion: 45. (This figure includes 5 matters that were carried into 2009.) (3) The number of alleged violations for which the Committee staff conducted a preliminary inquiry: 13. (This figure includes 8 matters from the previous year carried into 2009.) (4) The number of alleged violations for which the Committee staff conducted a preliminary inquiry that resulted in an adjudicatory review: 0. (5) The number of alleged violations for which the Committee staff conducted a preliminary inquiry and the Committee dismissed the matter for lack of substantial merit: 8. (This figure includes matters in which the Committee subsequently lost jurisdiction. It also includes two letters of public dismissal.) (6) The number of alleged violations for which the Committee staff conducted a preliminary inquiry and the Committee issued private or public letters of admonition: 1. (7) The number of matters resulting in a disciplinary sanction: 0. (8) Any other information deemed by the Committee to be appropriate to describe its activities in the previous year: In 2009, the Committee staff conducted 10 Member code of conduct training sessions and 5 new Member sessions; 19 employee code of conduct training sessions; 12 Member and committee office campaign briefings; 27 ethics seminars for Member DC offices, state offices, and Senate committees; 3 private sector ethics briefings; and 7 international ethics briefings. In 2009, the Committee staff handled 12,667 telephone inquiries for ethics advice and guidance. In 2009, the Committee wrote 996 ethics advisory letters and responses including, but not limited to, 752 travel and gifts matters (Senate Rule 35) and 111 conflict of interest matters (Senate Rule 37). In 2009, the Committee issued 3,309 letters concerning financial disclosure filings by Senators, Senate staff and Senate candidates and reviewed 1,663 reports.

Mrs. BOXER

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

Mrs. BOXER. Mr. President, I ask unanimous consent that I be yielded 5 minutes of time off the Democrats' time.

Mrs. BOXER. Mr. President, I rise today to explain why I will not support the nomination of Ben Bernanke for another term as Chairman of the Federal Reserve. But I also want to make it clear that I do not support a filibuster, because I believe he deserves to have a vote on his nomination. I have not met anyone who doubts that Chairman Bernanke is very bright, he is very dedicated, he is very conscientious, he is an expert on the depression era. I am grateful for the work he did in those critical weeks when the American system teetered on the verge of collapse; that is, our economic system. But I do think this is a moment to take stock, in many ways as President Obama did in his State of the Union Address: How did we get to this very difficult economic place? I think as we look at that, people have to be held accountable for their actions along the way. That means Chairman Bernanke must be held accountable for his record. I asked my staff, could you get me the Charter of the Federal Reserve, because I know it has many objectives that it needs to fulfill. Here are the four main objectives to the Federal Reserve: One, conducting the Nation's monetary policy in pursuit of maximum employment and stable prices. Two, regulating the banking system to ensure the safety of the Nation's financial system, and protecting the credit rights of consumers. Three, maintaining the stability of the financial system and containing systemic risk that might arise in the financial markets. Those are three out of the four responsibilities we have to take a closer look at. I look at those three responsibilities, and, frankly, I don't see how the Fed met those responsibilities--remember, maximum employment, safety of the Nation's financial system, protecting the credit rights of consumers, maintaining the stability of the financial system, and containing systemic risk that may arise in financial markets. Put on top of that the fact that in the 1990s, Congress gave the Fed the very important responsibility of overseeing the housing market to stop predatory lending. That was an added specific responsibility. I have to say that I think Chairman Bernanke vastly underestimated the dangers of the housing bubble and unconstrained subprime lending. This is what he said in May of 2007: We believe the effect of the troubles in the subprime sector on the broader housing market will likely be limited, and we do not expect significant spillovers from the subprime market to the rest of the economy . . . The vast majority of mortgages, including subprime mortgages, continue to perform well. That was Mr. Bernanke in May 2007. That is hard for me to look at and say that we should vote to confirm him. He failed to spot the dangerous banking practices, in addition to the mortgage practices that led to the crisis. In February 2008, 7 months before the greatest financial collapse in 80 years, he said: Among the largest banks, the capital ratios remain good, and I do not anticipate serious problems . . . among the large internationally active banks. So until the crisis occurred, Chairman Bernanke was a major advocate for even more permissive banking regulation. Now we see unemployment at 10 percent nationally and in my State a horrific 12-plus percent. The American people have the right to ask whether the Fed is truly committed to supporting Main Street's economy, not just Wall Street. That is why I cannot support his reappointment. He sat by when President Bush put all the policies into place that led us to this crisis. He was George Bush's choice. He sat there and said everything was fine, everything was wonderful, everything was good, housing was OK. If Mr. Bernanke is confirmed--and I expect he will be--I hope he will listen to what a lot of us are saying and turn his full attention to Main Street, to the people who need his support. People out there need the wind at their backs. They need somebody who understands what they are facing in terms of their housing problems, their unemployment problems. Let's get this economy back on track. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to introduce the Pechanga Band of Luiseno Mission Indians Water Rights Settlement Act. This legislation will implement a settlement concerning the water rights of the Pechanga Band of Luiseno Mission Indians, who have been engaged for several decades in a struggle for recognition and protection of their federally reserved groundwater rights. Since 1951, the Pechanga have been involved in litigation initiated by the U.S. concerning water rights in the Santa Margarita watershed. The Pechanga's interest has been in protecting their groundwater supplies, which are shared with municipal developments in the San Diego region. Beginning in 2006, the Pechanga worked with local water districts to negotiate a cooperative solution and put an end to their dispute. The Pechanga Settlement Agreement is a comprehensive agreement negotiated among the Pechanga, the U.S. on their behalf, and several California water districts, including the Rancho California Water District and Eastern Municipal Water District. The settlement recognizes the Pechanga's tribal water right to 4994 acre-feet of water per year and outlines a series of measures to guarantee this amount. It is a win-win solution that protects the rights of the Pechanga while ensuring that other communities in Southern California will also have sufficient water supplies. I am pleased to be joined by Senator Feinstein in introducing this legislation. We have worked with our colleagues in the House, including Representatives Bono Mack, Grijalva, Richardson, Calvert, Baca, and Issa, to craft this legislation. Our bill not only provides the Pechanga with long-overdue assurances of their water rights, but also exemplifies all the good that can be accomplished when parties put aside their differences and come to the table to negotiate a reasonable solution.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am pleased to introduce the Pechanga Band of Luiseno Mission Indians Water Rights Settlement Act. This legislation will implement a settlement concerning the water rights of the Pechanga Band of Luiseno Mission Indians, who have been engaged for several decades in a struggle for recognition and protection of their federally reserved groundwater rights. Since 1951, the Pechanga have been involved in litigation initiated by the U.S. concerning water rights in the Santa Margarita watershed. The Pechanga's interest has been in protecting their groundwater supplies, which are shared with municipal developments in the San Diego region. Beginning in 2006, the Pechanga worked with local water districts to negotiate a cooperative solution and put an end to their dispute. The Pechanga Settlement Agreement is a comprehensive agreement negotiated among the Pechanga, the U.S. on their behalf, and several California water districts, including the Rancho California Water District and Eastern Municipal Water District. The settlement recognizes the Pechanga's tribal water right to 4994 acre-feet of water per year and outlines a series of measures to guarantee this amount. It is a win-win solution that protects the rights of the Pechanga while ensuring that other communities in Southern California will also have sufficient water supplies. I am pleased to be joined by Senator Feinstein in introducing this legislation. We have worked with our colleagues in the House, including Representatives Bono Mack, Grijalva, Richardson, Calvert, Baca, and Issa, to craft this legislation. Our bill not only provides the Pechanga with long-overdue assurances of their water rights, but also exemplifies all the good that can be accomplished when parties put aside their differences and come to the table to negotiate a reasonable solution.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask my colleagues to join me in honoring Smith Bagley, a beloved philanthropist and entrepreneur with an unwavering dedication to improving the lives of others. Mr. Bagley passed away on January 2 due to complications from a stroke. He was 74 years old. Smith will be deeply missed by all he touched, and he touched many. Smith Bagley was born in Manhattan on April 1, 1935, to Nancy Reynolds Bagley and Henry Walker Bagley. He graduated from Washington and Lee University and served as a captain in the U.S. Army Reserves. Smith was a successful businessman and chief executive of the cellular telephone company SBI. Passionate about progressive causes, Smith dedicated much of his life to fighting for social justice, human rights, education, and environmental preservation. Smith served as president of the Arca Foundation, a grant-making trust dedicated to transparency in government and enterprise, diplomacy, and raising the standard of living here and in the developing world. A champion of education, Smith founded the precursor to Communities in Schools, the Nation's largest dropout prevention program. He was a former trustee of the John F. Kennedy Center Performing Arts. Smith founded a public policy research institute, the Brenn Foundation, and was a board member of the Sapelo Island Research Foundation, a center for environmental research. Due to his tireless efforts on behalf of the Catholic University of America, Smith was honored with the title of chairman emeritus and presented with the university's highest honor, the President's Medal. He is survived by his wife of 26 years, former Ambassador to Portugal Elizabeth Frawley Bagley; his six children, Walker Bagley, Nancy Reynolds Bagley, Nicole Ladmer Bagley, Brett Dylan Bagley, Vaughan Elizabeth Bagley, and Conor Reynolds Bagley; a sister, Susan Bagley Bloom; and five grandchildren. My heart goes out to them during this time of grief. In the words of former President William Jefferson Clinton, who delivered Smith's closing eulogy, ``This man, notwithstanding the circumstances in which he was born or the wealth he generated for himself, always found a way to give more than he took.'' Smith will be sorely missed, not only by the friends and family who knew him well but also by those whose lives were made better by his unwavering commitment to equality and justice.

Mrs. BOXER

Mrs. BOXER. Mr. President, what we are about to debate is an unprecedented move by the Senator and her cosponsors to overturn a health finding made by health experts and scientific experts in order to stand with the special interests. Now that is clear to me, regardless of what is said on this floor. I listened to my colleague. I never heard her say we want to overturn the experts who found that carbon pollution is a danger to the health of our families. Now, look, it is very reasonable to debate the best way to clean up the air from carbon pollution. I have a way I think is the best that is supported by many in the environmental community, many in the business community. I have a letter signed--which I would ask to be printed in the Record--by 80 businesses that just took out an ad and said: Let's get on with it. They want to set up the type of system that I do, which would give maximum flexibility to business. Mr. President, I ask unanimous consent that letter be printed in the Record.