Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today in opposition to amendment No. 2785 to the Caregivers and Veterans Omnibus Health Services Act of 2009. This is a deeply flawed amendment that may hurt certain veterans of the wars in Iraq and Afghanistan. And for that reason, I must vote against it. Severely injured or disabled veterans often need someone to care for them in the home. The family members of these veterans often shoulder the burden of this care, which can take a significant financial, psychological and emotional toll. This bill would provide a family member caregiver with health care, counseling, support and a monthly stipend. But amendment No. 2785 actually seeks to shut certain Iraq and Afghanistan veterans out of this new benefit by mandating that only those who require ``hospitalization, nursing home care, or other residential care'' are eligible. The Wounded Warrior Project characterized the impact of the amendment as such, stating that it would ``set a much higher bar'' by requiring that the ``veteran be so helpless as to require institutional care if personal care were not available.'' This would potentially shut out veterans suffering from severe mental illness, or those learning to adapt to life at home with blindness or amputations. The Disabled American Veterans also echoed this concern as a reason for opposing this amendment, writing that the amendment's ``new restrictive eligibility language could actually reduce the number of severely wounded and disabled veterans returning home from the wars in Iraq and Afghanistan eligible for such services.'' For these reasons, I urge my colleagues to defeat this amendment, which is also opposed by the American Legion, the Iraq and Afghanistan Veterans of America and Swords to Plowshares. It is long past time to pass the underlying bill. This legislation is too important to our veterans to sit in Congress because of the stall tactics of one lone senator. It includes important health care improvements for women veterans including requiring the Department of Veterans Affairs to train mental health care specialists on how to better treat military sexual trauma. It also implements pilot programs to provide child care to women veterans who require medical care. In addition, the bill includes two important provisions from bipartisan legislation that I authored with Senator Bond. The first gives active duty servicemembers access to vet centers, which are community-based counseling centers run by the Department of Veterans Affairs where veterans can receive mental health care services. The second provision authorizes vet centers to counsel former servicemembers on their rights to present their medical records for review to ensure that the discharge process they underwent was fair. This is particularly important for servicemembers who may have been discharged improperly with a personality disorder and therefore are not entitled to benefits when in fact they suffer from a combat-related condition such as post-traumatic stress disorder. We owe our veterans an enormous debt of gratitude, and the best possible treatment and care for injuries sustained in service to our country. This bill is an important step toward fulfilling that obligation.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am honored to remember Lewis Millett--a recipient of the Congressional Medal of Honor, a retired Army colonel and a proud American who passed away on November 14, 2009. Colonel Millett retired from the U.S. Army after a 31-year career that spanned three wars. He was awarded the Medal of Honor for leading a bayonet charge up a heavily defended hill during the Korean war. In his 31-year career in the Army, that included service in World War II, Korea and Vietnam, Colonel Millett received numerous awards, including the Distinguished Service Cross, the Silver Star, two Legions of Merit, three Bronze Stars, four Purple Hearts, and three Air Medals. Born December 15, 1920, in Mechanic Falls, ME, Millett grew up in Massachusetts, where he joined the State National Guard. In 1940, with the war in Europe underway, he enlisted in the Army Air Corps. But after President Franklin D. Roosevelt said that no Americans would fight on foreign soil, he deserted the Army and joined the Canadian Army. When he arrived in Europe in 1942, the United States was in the war and he was allowed to transfer back to the U.S. Army. As a member of the 27th Armored Field Artillery of the 1st Armored Division, Colonel Millett participated in the Allied invasion of North Africa, where he earned a Silver Star after driving a burning halftrack loaded with ammunition away from U.S. troops and jumping out before it exploded. After a year in combat, the Army reviewed his military record and convicted him of desertion. He was fined $52 and sentenced to 3 days hard labor. He was not required to do the hard time, and 2 weeks later he was made a second lieutenant. After World War II, he returned to civilian status and joined the Maine National Guard. When the Army called for volunteers in 1949, he returned to Active Duty. He later served in Korea as a company commander and in Vietnam as a military adviser with the intelligence program called Phoenix. Colonel Millett retired from the US Army in 1973. He is survived by his sons, Lee and Tim, and daughter Elizabeth; a brother, Albert; three sisters, Ellen Larabee, Jean Pepin, and Marion Finnity; and four grandchildren. I extend my heartfelt condolences to them. The military community, the State of California, and our Nation have lost a proud American and a great warrior.

Mrs. BOXER

Mrs. BOXER. Mr. President, I am so pleased that today the Senate will pass the fiscal year 2010 Military Construction and Veterans Affairs and Related Agencies Appropriations Act. This legislation provides $133.9 billion in critical funding to ensure that our Nation's veterans have the care and services that they have earned and deserve. Specifically, it includes for the first time advance appropriations for veterans medical services--ensuring that the Department of Veterans Affairs receives funds in a timely and predictable manner. It also provides $45 billion for veterans' health care, including $4.6 billion for mental health treatment and programs. In addition, the bill includes $23.2 billion for military construction and family housing, including $9.9 million to replace the 144th Squadron's current operations facilities at Fresno-Yosemite International Air National Guard Base. The squadron currently operates across several outdated facilities that are not sufficient for modern day operations. The facility will ultimately be used to house F-15C Eagle aircraft squadron operations. F-15Cs are expected to arrive at the base in 2012 to replace the aging F-16C fleet. The 144th Fighter Wing provides air defense for California from Oregon to the Mexican border and is vital to the Nation's security. The Senate voted on a number of amendments to this bill that have important consequences and I want to provide some additional information on two of my votes. Last night, the Senate rejected a motion to send this bill back to the Appropriations Committee. I joined 68 of my colleagues in voting against this motion because I believe that this is a strong, bipartisan bill. By sending this bill back to committee, we would be unfairly asking our Nation's veterans to wait even longer for care. The men and women who have served our country so honorably should not be forced to wait for critical services. And today, the Senate voted to reject an amendment that would prohibit the use of funds in this bill to build or make security improvements to a facility in the United States to hold a detainee who is transferred here from Guantanamo Bay. What it would have done is prevent the administration from making vital security improvements to our detention facilities. Ensuring that detention facilities have the highest possible security is critical to our national security and this amendment would have restricted that ability unnecessarily.

Mrs. BOXER

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

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to celebrate the 40th anniversary of an event that is referred to as the ``birthday'' of the Internet. On October 29, 1969, Dr. Leonard Kleinrock of the University of California, Los Angeles, and his team successfully transmitted the first message to their counterparts at Stanford University, led by Dr. Douglas Engelbart, via a network system that was the predecessor of today's Internet. I wonder if Drs. Kleinrock and Engelbart ever imagined the full impact and transformative nature of their experiment, not only on California and the United States, but also the world? From those original tubes between UCLA and Stanford, the Internet has grown into a global network, facilitating important communication, commerce and services around the world. The Internet allows scientists to share research and findings. Consumers can shop almost anywhere in the world via the Internet and have their purchases delivered to their doorstep. Government services, from emergency information to registration of motor vehicles, can be accessed through the Internet. The Internet has also been an important economic engine for our country, and I am proud that my state of California has been home to many innovators, such as Google and eBay, who transformed ideas into successful multinational businesses. This anniversary also serves to remind us of the importance of collaborative research efforts between our government and universities, like the UCLA and Stanford. The first network system used by Drs. Kleinrock and Engelbart, called ARPANET, was developed through funding and collaboration between the universities and the Department of Defense. Today, we must remember that universities and their researchers remain a vital resource in facing and solving the challenges of the future. I want to close by congratulating the UCLA, Stanford University, and Drs. Kleinrock and Engelbart, for their hard work and contributions to the development of the Internet over the years. Forty years after that first successful message, the Internet continues to transform our lives and the world.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask my colleagues to join me in honoring the memory of Dr. Carol Tomlinson-Keasey, a committed educator and administrator and the founding chancellor of University of California, Merced. Dr. Tomlinson-Keasey passed away on October 10th from complications related to breast cancer. She was 66 years old. Dr. Carol Tomlinson-Keasey was born in Washington, DC, on October 15, 1942. The daughter of an Army officer, she moved around frequently before graduating from a high school in France. Dr. Tomlinson-Keasey received a bachelor's degree in political science from Penn State University, a master's in psychology from Iowa State University, and a Ph.D. in developmental psychology from University of California, Berkeley. In 1977, Dr. Tomlinson-Keasey became an associate professor of psychology at the University of California, Riverside. During her 15- year tenure at UC Riverside, she earned faculty and administrative appointments. In 1992, Dr. Tomlinson was named vice provost and professor at University of California, Davis. She was appointed dean of UC Davis College of Letters and Science in 1994 and vice provost for academic planning and personnel in 1995 before lending her considerable talents to the University of California Office of the President in 1997. Beginning in 1998, Dr. Tomlinson-Keasey assumed a leadership role in the planning and building of University of California, Merced, the first new University of California campus in 40 years. A gifted administrator, Dr. Tomlinson-Keasey fully immersed herself in every aspect of the enormous task of starting a major public university. Whether it was selecting the eventual site of the campus, the recruitment of administrators and faculty members or even choosing the school mascot, Dr. Tomlinson-Keasey worked tirelessly to see that the dream of a University of California campus in the San Joaquin Valley became a reality. In 1999, Dr. Tomlinson-Keasey became the first female founding chancellor of a University of California campus. UC Merced has been a model of growth and progress since its inception in 2005. Today, the burgeoning campus is a living testament to Dr. Tomlinson-Keasey's hard work, vision, and dedication. Dr. Tomlinson- Keasey has left behind a legacy that has resulted in greater opportunities for future generations of California students, especially those students who are the first in their families to attend college and come from underrepresented ethnic or racial minority groups in the Central Valley. Her family and friends should take great pride and comfort in knowing Dr. Tomlinson-Keasey's accomplishments will continue to positively impact many people in the future. Dr. Tomlinson-Keasey is survived by her husband Blake Keasey; children, Amber and Kai; three brothers, Alen, Gene and John Tomlinson; and four grandchildren.

Mrs. BOXER

Mrs. BOXER. I thank Senator Mikulski for her leadership. Everyone in America has a stake in health care reform, even if they are happy with their insurance at the moment. The main reason is that costs are exploding and health care insurance companies are walking away without any penalty. They come up with a reason, and then we all are paying for those who have no insurance and wind up in the emergency room. Women have even more at stake. Why? Because they are discriminated against by insurance companies, and that must stop, and it will stop when we pass insurance reform. Now, how are women discriminated against? If they have been victims of domestic violence, that is considered to be a preexisting condition and, therefore, they are told they can't get insurance, and that happens in eight States and the District of Columbia. It is a tragedy, and it will change when we pass health insurance reform. If a woman is pregnant, only 14 States in America require insurance companies to cover maternity care. Imagine, a country that puts family values first and yet only 14 States will cover maternity. That will change. Everyone is faced with huge increases in cost, but women 18 to 55 are charged nearly 40 percent more than men for similar coverage in my home State, and that happens in most States, and health reform will stop that. Because of discrimination, women are at risk under the current system. More than 52 percent of women reported delaying needed care or avoiding it completely because of cost compared to 39 percent of men. Now, 39 percent is terrible, but 52 percent is deplorable. People are walking around sick because they can't afford to go to the doctor. Health insurance reform will stop it. There will be no more gender rating. Women earn less than men, and that is why it is an impossible situation. In my home State, over the past 9 years, premiums have risen more than four times as fast as earnings. We spend more than twice as much as any other industrialized Nation on health care. You would think we would have greater outcomes, Mr. President, but we rank 29 out of 30 industrialized nations in infant mortality. It isn't surprising, when so many women are not getting prenatal care. Medicare: More than half of those on Medicare are women. If we do nothing, Medicare goes broke in 2017. So when politicians try to scare our seniors, it is despicable because it is the status quo that is dangerous. When we fix Medicare--and we will in health reform--women will get free preventive care, mammograms, and annual physicals. So in summary, women, children, and men need us to act on health reform. We must make our voices heard. I thank my colleagues, my women colleagues, for coming to the floor of the Senate today to wake up this Nation.

Mrs. BOXER

Mrs. BOXER. Mr. President, I thank the Senator from Wisconsin and the Senator from Vermont for joining me to discuss $350 million in emergency dairy assistance funding included in the fiscal year 2010 Agriculture, Rural Development, and Food and Drug Administration Appropriations Act conference report. I had a very encouraging meeting with the Secretary of Agriculture where he informed me that he intends to distribute emergency dairy assistance funds included in the conference report in a way that is regionally equitable, and to do so as quickly as possible. As the author of the amendment to the fiscal year 2010 Agriculture appropriations bill that added $350 million in emergency dairy assistance funds, the Senator from Vermont stated on the floor that ``whether it is Vermont, Wisconsin, California, Colorado--rural America is hurting.'' The Senator from Vermont went on to say that ``I know the people familiar with dairy always say these are great regional fights, the Northeast is fighting the Midwest is fighting the Southeast is fighting the West coast, and every region has its own set of priorities. This is not a regional issue, this is a national issue.'' I ask the Senator from Vermont, was it your intention that emergency assistance be provided to dairy farmers in every region of the country?

Mrs. BOXER. I thank the Senator from Vermont. If I may ask the Senator from Wisconsin, as the lead Senate negotiator, can you tell us how the conference committee intended these funds to be used when crafting the final language?

Mrs. BOXER. I thank the Senator from Wisconsin for his views and say further that his understanding of the Secretary's goals is correct. I thank my colleagues for joining me to discuss this issue.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise to discuss the Water Transfer Facilitation Act of 2009. Senator Feinstein and I have introduced this legislation to facilitate voluntary water transfers within the San Joaquin Valley. Three years of below-average precipitation have restricted water supplies for much of California. Drought conditions have particularly affected agricultural communities in the San Joaquin Valley. As a result of these water shortages, more than 500,000 acres of cropland have been fallowed in the San Joaquin Valley, and some cities on the west side of the Valley are facing nearly 40 percent unemployment. Senator Feinstein and I have worked with Representatives Cardoza and Costa to identify measures to address these water shortages. We included a measure in the Energy and Water appropriations bill allowing voluntary water transfers between water users on the east and west side of the San Joaquin Valley. The final provision included in the conference report will allow these transfers for a two-year trial period. We are now seeking to extend this provision permanently and to enable more water users to participate in these transfers. In addition, our legislation directs the Department of the Interior to use a programmatic approach to environmental review for certain types of water transfers, helping to expedite them. Finally, it requires the Department of the Interior to prepare a report and recommendations on how to facilitate water transfers throughout California, including between the State and Federal water projects. These water transfers are an important tool for improving flexibility in managing water supplies, providing a mechanism for getting water to those communities who need it most. Preliminary estimates suggest that this legislation may enable the transfer of as much as 250,000 to 300,000 acre-feet of water per year to communities in need. This will provide a crucial resource to agricultural communities in California that lost 90 percent of their expected water allocations this year. I look forward to working with my colleagues in the Senate and in the California delegation to advance this important legislation.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise to discuss the Water Transfer Facilitation Act of 2009. Senator Feinstein and I have introduced this legislation to facilitate voluntary water transfers within the San Joaquin Valley. Three years of below-average precipitation have restricted water supplies for much of California. Drought conditions have particularly affected agricultural communities in the San Joaquin Valley. As a result of these water shortages, more than 500,000 acres of cropland have been fallowed in the San Joaquin Valley, and some cities on the west side of the Valley are facing nearly 40 percent unemployment. Senator Feinstein and I have worked with Representatives Cardoza and Costa to identify measures to address these water shortages. We included a measure in the Energy and Water appropriations bill allowing voluntary water transfers between water users on the east and west side of the San Joaquin Valley. The final provision included in the conference report will allow these transfers for a two-year trial period. We are now seeking to extend this provision permanently and to enable more water users to participate in these transfers. In addition, our legislation directs the Department of the Interior to use a programmatic approach to environmental review for certain types of water transfers, helping to expedite them. Finally, it requires the Department of the Interior to prepare a report and recommendations on how to facilitate water transfers throughout California, including between the State and Federal water projects. These water transfers are an important tool for improving flexibility in managing water supplies, providing a mechanism for getting water to those communities who need it most. Preliminary estimates suggest that this legislation may enable the transfer of as much as 250,000 to 300,000 acre-feet of water per year to communities in need. This will provide a crucial resource to agricultural communities in California that lost 90 percent of their expected water allocations this year. I look forward to working with my colleagues in the Senate and in the California delegation to advance this important legislation.

Mrs. BOXER

Mrs. BOXER. Mr. President, I take this opportunity to recognize the 75th anniversary of the East Bay Regional Park District, EBRPD. On November 4, 1934, during the height of the Great Depression, the residents of Alameda and Contra Costa Counties voted to form the EBRPD by a stunning 71 percent. Voters approved this park project in order to provide recreational opportunities and employment during the Great Depression. This year, we celebrate its 75th anniversary and marvel at the visionary efforts that have made EBRPD the largest regional park district in the Nation. On June 4, 1936, EBRPD acquired its first parcel of land--2,162 acres sold to the district by the East Bay Municipal Utility District. This acreage came to host EBRPD's first three parks--Upper Wildcat Canyon, now known as Tilden, Temescal, and Roundtop, now known as Sibley. Today, EBRPD manages 65 parks on over 98,000 acres, with 1,100 miles of trails throughout Alameda and Contra Costa Counties. The individual parks that comprise EBRPD vary greatly in size, feature, and character. There are parks on the hillsides above the cities of Berkeley and Oakland, waterfront parks along the San Francisco Bay, and a park that includes a turn-of-the-century farm in Fremont. While all parks in the district allow visitors the opportunity to enjoy open spaces, some parks also have visitor attractions including access to swimming, boating, and camping. Located within the urban metropolises of Alameda and Contra Costa Counties, EBRPD remains a cherished source of wilderness and recreation for local residents. Through wars and unrest, unprecedented population growth, and both challenging and positive economic times, EBPRD's mission of preserving land for wildlife habitat, outdoor recreation, and nature education has stood the test of time. For 75 years, the East Bay Regional Park District has offered a recreational escape for hikers and outdoor enthusiasts and a glimpse of the region's rich history. Its parks also offer a powerful reminder of the beauty of nature and the importance of conservation efforts. I commend the EBRPD staff and volunteers for maintaining the natural beauty and historical significance of this impressive park district. With their continued stewardship, future generations will have the opportunity to enjoy our State's unique history and natural environment for many years to come.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise to speak on the introduction of the Southern Sea Otter Recovery and Research Act. The southern sea otter is a keystone species that plays a critical role in central California's kelp forest ecosystem. By maintaining a healthy and productive ecosystem capable of supporting many other marine species, they also contribute to California's $22 billion ocean tourism, recreation, and fishing industries. Already listed as threatened under the Endangered Species Act, southern sea otters recently experienced their largest population decline in over a decade. They face a variety of threats, including food limitation, disease, and habitat degradation--but the exact causes of their decline are unknown. Sea otters are a sentinel species that serve as an indicator of ecosystem health, so this population decline is extremely alarming. Understanding and addressing the causes of this decline would help us protect the health of our kelp ecosystems as a whole. My legislation would require the Department of the Interior to monitor the population of southern sea otters and assess the major factors limiting their recovery. It would also establish a competitive grant program for research and recovery projects. The language has been drafted in consultation with numerous scientists, agency officials, conservation groups, and fishermen. Companion legislation was reported by the House Natural Resources Committee by voice vote in May, and passed the full House of Representatives in July. I look forward to working with my colleagues to achieve a successful outcome in the Senate. With this legislation, we can finally put the southern sea otter on a path to recovery--and restore central California's magnificent kelp forests to a healthy, thriving condition.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise to speak on the introduction of the Southern Sea Otter Recovery and Research Act. The southern sea otter is a keystone species that plays a critical role in central California's kelp forest ecosystem. By maintaining a healthy and productive ecosystem capable of supporting many other marine species, they also contribute to California's $22 billion ocean tourism, recreation, and fishing industries. Already listed as threatened under the Endangered Species Act, southern sea otters recently experienced their largest population decline in over a decade. They face a variety of threats, including food limitation, disease, and habitat degradation--but the exact causes of their decline are unknown. Sea otters are a sentinel species that serve as an indicator of ecosystem health, so this population decline is extremely alarming. Understanding and addressing the causes of this decline would help us protect the health of our kelp ecosystems as a whole. My legislation would require the Department of the Interior to monitor the population of southern sea otters and assess the major factors limiting their recovery. It would also establish a competitive grant program for research and recovery projects. The language has been drafted in consultation with numerous scientists, agency officials, conservation groups, and fishermen. Companion legislation was reported by the House Natural Resources Committee by voice vote in May, and passed the full House of Representatives in July. I look forward to working with my colleagues to achieve a successful outcome in the Senate. With this legislation, we can finally put the southern sea otter on a path to recovery--and restore central California's magnificent kelp forests to a healthy, thriving condition.

Mrs. BOXER

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

Mrs. BOXER. Mr. President, before we recess--I know there is an order--I ask unanimous consent that I have 1 minute and Senator Inhofe have up to 2 minutes to address the Senate on an issue unrelated to the conference report that was just adopted.

Mrs. BOXER. Mr. President, I wish to let colleagues know on both sides of the aisle that Senator Inhofe and I are working very closely together as chair and ranking member of the Environment and Public Works Committee to resolve an issue which, if we do not resolve, is going to result in job losses. Senator Inhofe will expand on that. We have to repeal a recision that was put into the last highway bill, SAFETEA-LU. We know what we want to do. We know how we are going to fund it. It will be deficit neutral. It will keep people working. It will help our States. If we do not do it, we are going to see layoffs, and nobody wants to see layoffs when we are in this difficult economic time. So I am very pleased to be here to inform colleagues we are working very hard, and we have very few objections, if any. We will get back to colleagues later in the evening on this issue. Mr. President, I yield the floor and will listen with great interest to my colleague from Oklahoma.

Mrs. BOXER. Thank you very much, Mr. President.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to express my continued support for the C-17 cargo aircraft program and urge my colleagues to retain funding for 10 additional aircraft in the fiscal year 2010 Defense appropriations bill. The C-17 is critical to our national security and our ability to efficiently carry out important missions around the world. Not only is this aircraft an indispensable asset in supporting military and humanitarian missions in countries like Iraq, Afghanistan and Sudan; it has a proven record of versatility and high performance, and it sustains jobs that are essential across 43 States--including my home State of California. First, I would like to talk about the types of missions where we use the C-17. According to the Air Force's budget justification for 2010, the C-17 ``is a major element of America's National Military Strategy and constitutes the most responsive means of meeting U.S. mobility requirements. . . . The C-17 will perform the airlift mission well into this century.'' The C-17 is essential to our missions in Iraq and Afghanistan particularly because of its versatility. It is used to transport equipment, supplies and our service members. For example, the C-17 can land on a dirt runway to deliver needed supplies in remote regions of Afghanistan. We also use the C-17 to evacuate our wounded men and women from Iraq to Germany, and then back to the United States for treatment. And in some instances, it has even been used to transport our service members across a combat zone, reducing the risks that they face when they travel on land by convoy. And the uses don't stop there. The C-17 is used to deliver humanitarian supplies. In January of this year, a C-17 delivered 18,000 pounds of supplies to Nicaragua, one of the poorest nations in the Western Hemisphere. The C-17 has also been used to bring relief to Americans, including during Hurricane Katrina. It can deliver a 100-bed, fully equipped hospital to nearly any area with an unimproved airstrip. This is an amazing capability, and one we cannot afford to lose. Second, the C-17 has a proven record of performance. Quite simply, it is the workhorse of our military. And we are using them at a much higher rate than the Air Force originally intended. C-17s have flown over 1.3 million flight hours since 2002. Many are flown at 150-180 percent of their anticipated flight hours. According to the Congressional Research Service, the C-17 was designed to fly 1,000 hours per year over 30 years, but the fleet has averaged 1,250 hours per aircraft over the last ten years. Some have even reached 2,400 flying hours in a single year. And finally, the C-17 is the last strategic airlift production line in the Nation. Every day 30,000 employees from 43 states go to work in direct support of the C-17. In addition to those 30,000 direct jobs, over 100,000 workers depend on this production line. In my home State of California, 13,800 people work on the C-17. And 19,200 worker's have an affiliation with this aircraft. Too many American jobs depend on this vital program. Before we take any action to shut down the line, we must be absolutely certain that we have all of the aircraft we need. We cannot take the chance that we ``may'' have enough aircraft, particularly without reviewing two studies that are due by the end of the year. The Department of Defense Mobility Capabilities and Requirements Study and the congressionally mandated study being done by the Institute for Defense Analyses will determine if our airlift requirements are being met. We expect these studies to be complete by the end of this year. Without the results of these studies, we cannot determine that our Nation's airlift capability has been met. It would be incredibly shortsighted to shut down this production line without that information. I urge my colleagues to join me in maintaining funds for the C-17, and to defeat the McCain amendment.

Mrs. BOXER. Mr. President, I wonder if the managers would allow me to make a unanimous consent request on a totally other issue, the issue dealing with the highway trust fund, at this time. I will take about 2 or 3 minutes; is that all right?

Mrs. BOXER. Mr. President, we are in a very bad situation with the highway trust fund. We are working very hard on both sides of the aisle to resolve it. Senator Inhofe and I are absolutely in agreement on what we should do. But yet still there is objection from the other side of the aisle, our Republican friends. I wish to explain where we are, and then I am going to make a unanimous consent request. In the SAFETEA-LU program, which was the last highway bill, there was an $8 billion rescission that was made. The promise at that time years ago was that we would fix it in the days, months, and years ahead. It was not fixed, and if we don't repeal the rescission tonight, what will happen immediately is that there will have to be layoffs, there will have to be cancellation of contracts, and the order will go out from here to our States. Mr. President, 17,000 jobs are on the line. We have to repeal this rescission. It translates into about $300 million. I have been working with Senator Inhofe, and we reached agreement and, frankly, the leaders, I believe, reached agreement that what we ought to do is repeal this rescission and, as a paid-for, cut the TARP money because we know that a lot of those funds have been paid back, cut that program by the equivalent of $300 million. We would repeal the rescission, everybody keeps working, the contracts are still going, and we pay for this repeal by cutting $300 million from TARP, the Toxic Asset Relief Program, not very popular in the country, I might add. I have to say I asked the administration for some other ideas and they had none. I believe in pay as you go. So I said to Senator Inhofe that I was with him on this. He and I are in agreement. At this time, I am going to make this formal unanimous consent request to repeal this rescission and pay for it by cutting TARP. I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 3617, received from the House and at the desk; that the Boxer substitute amendment at the desk be considered; further, that the Boxer-Inhofe second-degree amendment with an offset be considered and agreed to, the substitute amendment, as amended, be agreed to, the bill, as amended, be read a third time, passed, and the motions to reconsider be laid upon the table, and that any statements relating to the bill be printed in the Record, without further intervening action or debate.

Mrs. BOXER. Mr. President, let me say how, frankly, shocked I am at this objection. We have the chairman of the EPW Committee, the ranking member of the EPW Committee--this is an amendment that was brought to us by Senator Kit Bond of the other side of the aisle. I do not understand how the Republicans can take this position when we can see these contracts abrogated as a result of our lack of action. I yield to the Senator from Illinois.

Mrs. BOXER. I think, with due respect to the Senator from Nebraska, that he is saying that several of his colleagues will not allow this to go through. I don't want to blame him for this. He is the messenger. But the bottom line is, the $8 billion in authorizing numbers translates to $300 million in contracting authority. So as of tomorrow morning, unless this is reversed, we are going to see cuts to the highway program of $300 million. And it has to be made from existing contracts, so people in your State, in my State, in Kentucky, in the State of the Senator from Nebraska--all of our States are going to suffer. There will be 17,000 people thrown out of work because the Republicans cannot agree with the chairman of the EPW, the ranking member, and both leaders.

Mrs. BOXER. The Republican side has objected to an agreement reached by myself and Senator Inhofe and I believe the two leaders that would say we are going to replenish the highway trust fund, we are going to repeal the rescission that was done and as a result the States will be shorted $300 million, and it is my understanding that starting tomorrow morning a lot of these contracts will be canceled or delayed unless we fix this. We could fix it at a later date, but every day that goes by, it makes it more difficult because we are operating under a midnight deadline tonight.