Barbara Boxer

Mrs. BOXER

Mrs. BOXER. Mr. President, may I ask the Senator, through the Chair, a question?

Mrs. BOXER. I have to say, what more are you trying to get out of this? Benghazi was a crisis. It was a disaster. It was terrible. There should have been more security there, but don't blame the brave Americans for it. Blame the terrorists who did this. As the facts became available, those facts came right out. Why are we trying to stop this good man because of something he had nothing to do with? In closing, I hope if you are on the fence, you will vote today for Chuck Hagel, and a ``yes'' vote on cloture.

Mrs. BOXER

Mrs. BOXER. Mr. President, the Committee on Environment and Public Works has adopted rules governing its procedures for the 113th Congress. Pursuant to Rule XXVI, paragraph 2, of the Standing Rules of the Senate, I ask unanimous consent that a copy of the Committee rules be printed in the Record.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to urge my colleagues to cosponsor, S. 326 the Afterschool for America's Children Act, which I am introducing today with Senators Murkowski, Murray, Begich, and Manchin. Across the country, afterschool programs help keep children safe and help them learn through hands-on academic enrichment activities that are disappearing from the regular school day. Numerous studies have shown that quality afterschool programs give students the academic, social, and professional skills they need to succeed. Students who regularly attend have better grades and behavior in school, and lower incidences of drug use, violence, and unintended pregnancy. Over the past 10 years, the 21st Century Community Learning Centers, CCLC, program has helped support afterschool programs for millions of children from low-income backgrounds, including over 1.6 million children last year. Unfortunately, the demand for affordable, quality afterschool experiences far exceeds the number of programs available. The 2009 report, America After 3PM, found that while afterschool programs are serving more kids than ever, the number of unsupervised children in the United States has increased. More than 18 million children have parents who would like to enroll their child in an afterschool program but can't find one available. For over 10 years, federally funded afterschool programs have played an important role in the lives of so many children and families. The Afterschool for America's Children Act, AACA, would strengthen the 21st CCLC program, leaving in place what works and using what we have learned about what makes afterschool successful to improve the program. The AACA would modernize the 21st CCLC program to improve states' ability to effectively support quality afterschool programs, run more effective grant competitions and improve struggling programs. In addition, this legislation helps improve local programs by fostering better communication between local schools and programs, encouraging parental engagement in student learning, and improving the tracking of student progress. Afterschool programs have such a diverse group of supporters--from law enforcement to the business community--because these vital programs help keep the children of working parents safe while enriching their learning experience and preparing them for the real world. I urge my colleagues to join me and Senators Murkowski and Murray in supporting the Afterschool for America's Children Act to ensure that 21st CCLC dollars are invested most efficiently in successful afterschool programs that keep children safe and help them learn.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to urge my colleagues to cosponsor, S. 326 the Afterschool for America's Children Act, which I am introducing today with Senators Murkowski, Murray, Begich, and Manchin. Across the country, afterschool programs help keep children safe and help them learn through hands-on academic enrichment activities that are disappearing from the regular school day. Numerous studies have shown that quality afterschool programs give students the academic, social, and professional skills they need to succeed. Students who regularly attend have better grades and behavior in school, and lower incidences of drug use, violence, and unintended pregnancy. Over the past 10 years, the 21st Century Community Learning Centers, CCLC, program has helped support afterschool programs for millions of children from low-income backgrounds, including over 1.6 million children last year. Unfortunately, the demand for affordable, quality afterschool experiences far exceeds the number of programs available. The 2009 report, America After 3PM, found that while afterschool programs are serving more kids than ever, the number of unsupervised children in the United States has increased. More than 18 million children have parents who would like to enroll their child in an afterschool program but can't find one available. For over 10 years, federally funded afterschool programs have played an important role in the lives of so many children and families. The Afterschool for America's Children Act, AACA, would strengthen the 21st CCLC program, leaving in place what works and using what we have learned about what makes afterschool successful to improve the program. The AACA would modernize the 21st CCLC program to improve states' ability to effectively support quality afterschool programs, run more effective grant competitions and improve struggling programs. In addition, this legislation helps improve local programs by fostering better communication between local schools and programs, encouraging parental engagement in student learning, and improving the tracking of student progress. Afterschool programs have such a diverse group of supporters--from law enforcement to the business community--because these vital programs help keep the children of working parents safe while enriching their learning experience and preparing them for the real world. I urge my colleagues to join me and Senators Murkowski and Murray in supporting the Afterschool for America's Children Act to ensure that 21st CCLC dollars are invested most efficiently in successful afterschool programs that keep children safe and help them learn.

Mrs. BOXER

Mrs. BOXER. Mr. President, I ask my colleagues to join me in honoring the life of Kevin Tonn, a loving son, devoted friend, and respected law enforcement official. Officer Tonn lost his life serving the Galt Police Department on January 15, 2013. He was 35 years old. Kevin Tonn was raised in the Sacramento region. He graduated from Roseville High School and the Roseville Police Explorers program before serving in the U.S. Army as a military police officer at Fort Drum and later as a firefighter in New York. In January 2009, he returned home to California and graduated from the Sacramento County Sheriff's Academy. For the past 3\1/2\ years, Officer Kevin Tonn was a member of the Galt Police Department, where he was known for his hard work, sense of humor, and dedication to the community and its people. In his short time with the department, he was promoted to the K-9 unit, where he proudly served with his devoted German Shepherd partner, Yaro. Officer Kevin Tonn, like all those who serve in law enforcement, put his life on the line to protect and serve his community. His commitment to public safety and to the citizens he served will never be forgotten. On behalf of the people of California, whom he served so well, I send my gratitude and deep sympathy to his friends and family, including his beloved parents Will and Mary Ann Tonn. We are forever indebted to Officer Tonn for his courage, service, and sacrifice.

Mrs. BOXER

Mrs. BOXER. Parliamentary inquiry, Madam President: What is the order right now?

Mrs. BOXER. At 4 o'clock?

Mrs. BOXER. Due to what is happening here, I would say that if he doesn't make his presentation in 5 minutes that we could vote. Amendment No. 14

Mrs. BOXER

Mrs. BOXER. Mr. President, today I ask my colleagues to join me in saluting and commending Ryan Heber, Kim Fields and Mary Murphy, three educators who risked their lives to protect students in Taft, CA. On Thursday, January 10--less than 4 weeks after the horrific massacre at Sandy Hook Elementary School--a student armed with a shotgun opened fire in a classroom at Taft Union High School and wounded two of his classmates. Today, one student remains hospitalized, recovering from his injuries. This was a tragic attack, and it is terrifying to think that it could have been even worse had it not been for the brave, swift actions of Taft science teacher Ryan Heber and campus supervisors Kim Fields and Mary Murphy. When the shooting started, Mr. Heber responded immediately. After ushering his other students out of harm's way, he began talking the shooter into ceasing his attack. Ms. Fields, who rushed to the classroom when she heard gunfire, joined Mr. Heber in persuading the attacker to put down his gun and surrender to police when they arrived on the scene. Meanwhile, Ms. Murphy stayed calm and made sure that students quickly and safely evacuated the classroom. Like their teacher and supervisors, the students at Taft were also very brave. They stayed calm and followed school safety measures. I commend these young people and the first responders who swiftly responded to the call for help. The students, faculty, and staff deserve our support in the days and years ahead, and they deserve our action to help curb gun violence and ensure safety at our schools in Taft and across the country.

Mrs. BOXER

Mrs. BOXER. Madam President, I rise today to pay tribute to my colleague and friend, Senator John Kerry, as his distinguished career in the U.S. Senate comes to an end. While I am sad to see him go, I am so proud that Senator Kerry will be continuing his long record of service to the United States as Secretary of State. For more than 13 years, I have had the privilege of serving with Senator Kerry on the Senate Foreign Relations Committee. Throughout that time, Senator Kerry has consistently shown a tremendous breadth of knowledge regarding the key foreign policy challenges of the day. Most recently as chairman of the Committee, Senator Kerry championed Senate ratification of the New START treaty--making both our country and the world safer from the threat of nuclear proliferation. And on a wide range of issues--from United States policy toward Afghanistan and Pakistan to efforts to achieve peace between Israel and the Palestinians--he has offered thought-provoking insight and expertise. That is why I believe that no one is as prepared as Senator Kerry to serve as our Nation's top diplomat. I am particularly proud of the many issues we have worked on together, including fighting HIV/AIDS, tuberculosis and malaria, addressing climate change, and working to end human trafficking around the globe. I am also grateful that Senator Kerry worked with me to establish the first-ever Senate subcommittee dedicated to ending violence against and promoting the advancement of women and girls around the globe. I look forward to continuing to work on these and the many other foreign policy challenges facing our country with our new Secretary of State, Senator Kerry, and wish him all the best in his new position.

Mrs. BOXER

Mrs. BOXER. Madam President, the Honest Leadership and Open Government Act of 2007 calls for the Select Committee on Ethics of the United States 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 2012 in the categories set forth in the Act: (1) The number of alleged violations of Senate rules received from any source, including those raised by a Senator or staff of the Committee: 47. In addition, two alleged violations from the previous year were carried into 2012. (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: 36. (B) Because they failed to provide sufficient facts as to any material violation of the Senate rules beyond mere allegation or assertion: 8. (3) The number of alleged violations for which the Committee staff conducted a preliminary inquiry: 5. The figure includes two matters from the previous calendar year carried into 2012. (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: 1. (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. 2. (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 2012, the Committee staff conducted three new Member ethics training sessions; 33 Member and committee office campaign briefings; 18 employee code of conduct training sessions; 11 Member, spouse, and employee STOCK (Stop Trading on Congressional Knowledge) Act briefings; eight public financial disclosure seminars and clinics; 24 ethics seminars and customized briefings for Member DC offices, state offices, and Senate committees; six private sector ethics briefings; and 15 international briefings. In 2012, the Committee staff handled approximately 9,616 telephone inquiries and 2,097 email inquiries by email for ethics advice and guidance. In 2012, the Committee wrote approximately 761 ethics advisory letters, including 576 letters regarding travel and gifts matters (Senate Rule 35) and 113 letters regarding conflict of interest matters (Senate Rule 37). In 2012, the Committee received and reviewed approximately 3,142 Periodic Disclosure of Financial Transactions reports filed by Members, officers, and employees of the Senate. In 2012, the Committee issued 3,259 advisory letters concerning financial disclosure filings by Senators, staff, and Senate candidates and reviewed 1,915 reports.

Mrs. BOXER

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

Mrs. BOXER. Madam President, I wish to thank the Senator from Maryland, who has been such a remarkable leader on all of these issues. We have so much work to do, as she has outlined, and I will add a few specific cases to what she said. This is the 4-year anniversary of the Lilly Ledbetter law, and we were able to push it forward, and it was the first bill President Obama signed in his first term. I think that said a lot about its importance. Because Lilly Ledbetter is pretty well known in the country, we know her story. You can imagine the feelings she had when she found out that after all the work she was putting in, simply because she was a woman she was getting paid less than the men doing the exact same thing. And, yes, thank you to the men who respected Lilly Ledbetter enough to let her know. There was a notice in her locker that essentially informed her that she was working for way less than they were. Over the course of her lifetime, it was a huge amount of money that made a huge difference. When Lilly tells the story, you can just see the anguish in her face. And she, of course, went all the way to the Supreme Court trying to get redress. Finally, the Court decided, and they said: You know what. You have a really good case, but you didn't move forward fast enough. You were supposed to come and file this lawsuit much sooner. Well, she didn't know much sooner. She couldn't have filed the lawsuit. And that is what led to our corrective legislation, so that in the future a woman who has faced pay discrimination will have her day in court and will have the time necessary to proceed with the court case and get justice. The court had said she had to file from the minute the discrimination started, but Lilly didn't know she was being discriminated against until years later. So thank goodness this Congress and the President remedied that. But we have unfinished business. We have a bill called the Paycheck Fairness Act, and I hope that all will get involved as well because the fact is that women, after all the progress we have made, earn 77 cents for every dollar earned by a man. We women in the Senate are fortunate in the sense that is one battle we don't have to wage because a Senator is a Senator is a Senator. Imagine if they had a rule saying men Senators get this and women Senators get that. People would say something is very wrong with this picture. But that is the way it is on the outside. It is undercover. People do not know about it, but women who do the same job as a man on average will make 23 cents less. You could say: Seventy-seven cents for every dollar--is that really a lot? Let me tell you, it is a lot. Over a lifetime it is about $434,000 less that she will have at the end of her career. This pay gap persists across all occupation and income levels. A Bloomberg analysis found that women earned less than their male counterparts in 264 out of 265 major occupation categories. Women earned less than their male counterparts in virtually all of the occupation categories. So the wage gap clearly hurts women, but it also hurts their families. Think about families where the major wage earner is a woman. Those children and grandchildren will feel the pain. Of course the economy is hurt because there are fewer dollars circulating in the economy. A woman is going to spend a lot of the money she earns right out there, supporting her family, going to the store, organizing visits to camps and vacations, and all that money helps the economy. I am going to close this by reading a couple of stories, real-life stories. A woman from California had an identical advanced degree as her husband. She landed the exact same job as her husband but at a different worksite. The woman's husband was offered $5,000 more in starting salary for the same job with the exact same resume. A health care worker in Long Island discovered she had been earning $10 an hour less than her male colleagues with the same experience. When she brought this up to her superiors, she was reprimanded for asking about the wage gap. That goes to what Senator Mikulski said. Imagine the nerve of someone finding out they were paid $10 an hour less and trying to find out why, and for that she is reprimanded, put in her place. Then a female employee for a major corporation in Florida was told when she was hired that if she disclosed her salary to other workers, that would be grounds for dismissal. She soon realized that her male counterparts made more than she did but she did not have any written proof. A fellow female employee at the company was told that because her husband picked her up from work in a nice car, she did not need to get a salary increase. We need to pass the Paycheck Fairness Act. It closes loopholes that have allowed employers to avoid responsibility for discriminatory pay. It prohibits employers from retaliating against employees who share salary information with their coworkers, and it puts gender-based discrimination sanctions on equal footing with other forms of wage discrimination such as race, disability, or age, so women would be eligible for the same remedies available to other victims of discrimination, such as punitive damages. It is simply a matter of fairness. Every American deserves equal pay for equal work. We have to end this practice of shortchanging half of our country--more than half of the people are female. This means we are hurting our country, we are hurting their families. In 2010, Senate Republicans filibustered our efforts to proceed to this bill. All we wanted to do was proceed to it and get an up-or-down vote. We faced a filibuster. In June 2012, Senate Republicans blocked us again. We are calling on them in a spirit of fairness and justice to work with us in this Congress and give all the women of America the same chance for success as their male counterparts. Remember, $400,000- plus over a career is a tremendous amount of money for people. That can make the difference in having a decent retirement. We heard today that the vast majority of Americans, if they lost their job, have no savings at all. It is not as if we are paying people lavish salaries. Let's make sure, whatever the salaries are, that they are fair, that they are equal to each other. If a woman is doing the same job, much as a Senator, as a male, they get the same pay. It is simple. It should not be a problem. If there is a filibuster, I will never understand it. I will say this. No woman in America today will understand why anyone would filibuster such a bill--equal pay for equal work. And no man in America who loves a woman, be it their mom or their aunt or their wife or their daughter, would understand it either. Let's hope we get to a vote on this measure. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Madam President, today I ask my colleagues to join me in honoring Murray Galinson, an extraordinary San Diego community leader who died earlier this month in California at age 75. Murray was a dear friend of mine, and I will miss him terribly. Murray Galinson's accomplishments were legendary--as a businessman, philanthropist, teacher, political activist and adviser, friend of Israel, and, above all, family man. But even these amazing achievements do not begin to capture the person Murray was or the life that he lived. As Rabbi Michael Berk told a 1,000 mourners at San Diego's Temple Beth Israel, Murray was ``a man of substance and loyalty . . . a man who loved family and friends, a man of character and integrity, a man devoted to his people and his community, a man of national stature, a man whom we Jews would call a mensch, a fine example of what a human being should be, a man who leaves this world with the highest attainment: a shem tov, a good name.'' Murray was a remarkable person who was loved and admired by all who knew him and whose countless acts of charity, kindness, and public service touched thousands of people who never met him. Murray Galinson was a proud Democrat who always sought to build bridges and consensus across party lines. As Rabbi Berk noted, Murray exemplified ``what it means to serve in the noble cause of bettering the lives of those with whom we share this country and this planet by seeking answers to our problems, not just winning.'' On behalf of the people of California, who benefitted so much from his life and works, I send my love, gratitude, and deepest sympathy to Murray's beloved wife, Elaine, and their children, daughters-in-law, and grandchildren. One measure of Murray's profound impact on his community is how difficult it is to imagine San Diego without him--yet I know that he will live on through his good works and in the hearts of all of us who knew and loved this remarkable man.

Mrs. BOXER

Mrs. BOXER. Mr. President, the great song lyricists Alan and Marilyn Bergman are being honored by the New West Symphony with its Bravo Award for their extraordinary leadership, their contributions to the Visions of America multimedia project, and their deep and longstanding commitment to music education and the performing arts. I look forward to paying tribute to them at the New West Symphony's event in Los Angeles. Alan and Marilyn Bergman are two of the world's best-known and best- loved lyricists. From the 1950s calypso hit ``Yellow Bird'' and Frank Sinatra's ``Nice 'n' Easy'' to Oscar-winning lyrics for ``The Way We Were'' and ``The Windmills of Your Mind'' to themes for many of America's favorite television series, the Bergmans have been contributing to the Great American Songbook for more than 50 years. They have won three Academy Awards (including one for the score of Yentl), four Emmys, two Grammys, and two Golden Globe Awards. They have also worked tirelessly to promote the arts and champion our creative community. Marilyn served for 15 years as President and Chairman of the Board of the American Society of Composers, Authors and Publishers (ASCAP), the world's foremost performing rights organization. In 2002, she was appointed the first chairman of the Library of Congress National Sound Recording Preservation Board. Alan serves as a member of the Library of Congress National Film Preservation Board, the Johnny Mercer Foundation Board, the Artists' Rights Foundation Board, and the Jazz Bakery Board of Directors. And together, Alan and Marilyn serve on the executive committee of the Music Branch of the Academy of Motion Picture Arts & Sciences. They are also strong supporters of music education, including the New West Symphony's outstanding efforts to provide quality outreach and educational opportunities for our communities and our schools. Mr. President, I know that you and all our colleagues will join me in saluting two great American artists and this year's Bravo Award winners, Alan and Marilyn Bergman.

Mrs. BOXER

Mrs. BOXER. Mr. President, today I ask my colleagues to join me in honoring Catherine O'Neill, the great advocate for refugee women and children who died in Los Angeles last month at age 70. Cathy was my friend and neighbor, and I will miss her. Catherine was born in 1942 in Queens, NY, the daughter of Irish immigrants Patrick and Bridget Vesey. After graduating from St. Joseph's College in Brooklyn and teaching as a Catholic missionary in Texas, she earned master's degrees in social work from Howard University and in international affairs from Columbia. Cathy had an extraordinary career as a social worker, writer, editorial director, businesswoman, and director of the UN Information Center in Washington, DC. She was also active in political life, twice running for office in California and serving as finance director for Governor Jerry Brown's 1976 presidential campaign, but she is best known for her groundbreaking and heroic efforts to help refugee women and children. In 1989, after visiting refugee camps around the world as a board member of the humanitarian International Rescue Committee, Cathy became a founder of the Women's Commission for Refugee Women and Children, now Women's Refugee Commission. As the Commission's board chair, Cathy traveled the world to listen to refugee women and children and learn about their most pressing needs. She attracted prominent women journalists, academics, and philanthropists to the Commission and became a leading advocate for refugee issues on Capitol Hill, at the UN, and in the media. Under her leadership, the Women's Refugee Commission has shaped policies and practices in the U.S. and around the world to address the needs of women and children displaced by war, persecution, and natural disasters. On behalf of the people of California, I send my gratitude and condolences to Cathy's husband, Richard Reeves, her daughter Fiona Reeves, sons Colin and Conor O'Neill, Jeffrey Reeves, her grandchildren, and her sister Mary Ann Garvey. Catherine O'Neill was an amazing person who made our world a better and more compassionate place, and we will miss her dearly.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise today to pay tribute to my colleagues, Senators Kay Bailey Hutchison and Olympia Snowe. We have served together in the Senate for two decades and I will dearly miss their grace and their friendship. I know that whatever the next chapter brings, both Senator Hutchison and Senator Snowe will leave a lasting and important legacy. Both of these Senators are true pioneers. When she first entered Congress, Senator Snowe was the youngest Republican woman ever to serve in the House of Representatives. Senator Hutchison graduated law school in 1967 as one of only 5 women in a class of 445 men. When she arrived in the Senate in 1993, she became the first woman to represent Texas in this Chamber. Throughout her career, Senator Snowe has been a strong advocate for the people of Maine. Whether they were children, families, consumers, or small business owners--the people of Maine knew they had a great champion in Senator Snowe. Senator Snowe always worked across party lines to get things done for the American people. During her time in the House, she worked with Senator Mikulski to lead the fight to end the exclusion of women in health trials at the National Institutes of Health. She worked with Senator Rockefeller to help bring the internet to America's libraries and classrooms. She worked with Senator Ted Kennedy to pass the Genetic Nondiscrimination Act. Senator Snowe and I worked together on many, many bills over the years, but I will especially remember our work on the passengers' bill of rights to provide basic protections for airline passengers. I will also remember the many times we fought together to ensure equality for women around the world. Senator Snowe was a true leader and her presence in the Senate will be greatly missed. Senator Hutchison was a strong and passionate voice for the issues important to her beloved State of Texas. She played an critical role in so many of the important issues facing our country over the years, from her work ensuring the safety of our Nation as a senior member of the Senate Armed Services Committee to her leadership on the Senate Commerce Committee. We worked together to promote safety and security for Afghan women and girls, and she played such a key role last during consideration of the transportation bill. I am so grateful for Senator Hutchison's bipartisan efforts to preserve and protect our critical transportation infrastructure. Senator Hutchison has always noted that we women Senators have repeatedly come together across party lines to achieve action on women's issues: things like pay inequality and creating tax-free individual retirement accounts for spouses who work at home. I will miss my colleagues, both on the Senate floor and at our monthly women Senators dinners. I wish them both well in all their future endeavors. Kent Conrad Mr. President, I rise today to pay tribute to my colleague, Senator Kent Conrad, whom I have been fortunate to call a colleague and a friend. I have served with Kent for 20 years and my husband Stewart and I have valued the friendship of his and his wonderful wife Lucy Calautti. From helping North Dakota recover from devastating natural disasters to promoting North Dakota agriculture as a key member of the Senate Agriculture Committee, Kent Conrad has been a leader for North Dakota for more than 30 years. No Senator knows budget and economic issues better than Senator Conrad and he used his knowledge to great effect as chairman of the Senate Budget Committee. His exacting and precise assessments of our Nation's fiscal health added wisdom and maturity to a debate that was often difficult and divisive. His many budget charts alone are famous in the Senate--in fact, he uses even more charts on the floor than I do, which is saying something. He refers to his policymaking approach as ``extreme moderation''--an approach that perfectly sums up Senator Conrad's philosophy and demeanor. Senator Conrad is one of our most respected members, for his steady temperament, his open mind, and his willingness to reach across the aisle in search of policy solutions. The Senate is losing a powerful voice, and great friend to us all in Kent Conrad.

Mrs. BOXER

Mrs. BOXER. Mr. President, I rise to register my concerns with the confirmation of Dr. Joshua Wright to be a Commissioner of the Federal Trade Commission, FTC. The FTC's mission is to ``prevent business practices that are anticompetitive or deceptive or unfair to consumers and to enhance informed consumer choice and public understanding of the competitive process.'' Yet throughout his career, Dr. Wright has shown a disdain for this mission, and the government's involvement in protecting consumers. As one example, Dr. Wright wrote that one government consumer protection agency's agenda was ``aggressive and dangerous'' and that its ``existence is likely to do more harm than good for consumers.'' He has also sharply criticized the FTC, arguing it has been hampered by ``a history and pattern of appointments evidencing a systematic failure to meet . . . expectations.'' Many consumer groups are also concerned about his confirmation to the FTC, noting that his antiregulation philosophy is far outside of the mainstream and runs counter to the mission of the FTC as an enforcement agency designed to protect consumers. Dr. Wright was selected by Republican congressional leadership to fill a Republican position on the FTC, as required by statute. For this reason I did not block his confirmation, but I will be closely monitoring his activities at the FTC.

Mrs. BOXER

Mrs. BOXER. I am wondering if the Senator can finish in 5 minutes, and then I would speak, and then he can have more time.

Mrs. BOXER. Mr. President, I would like to say to Senator Enzi that I agree with so much of what he said. Our being here on New Year's Eve, some of us without our families, is nothing to be proud of, and having been able to do our work through the committee system, I think he made a very good point. Enzi and Kennedy were quite a team; Baucus and Grassley had their successes; Levin and McCain recently had their success on the Defense bill, with lots of amendments; Boxer and Inhofe on the Transportation bill. I can tell you, you couldn't find two people more different, and yet Senator Inhofe and I were able to do that work and get that done and protect 2 to 3 million jobs. And also Stabenow and Roberts in the Agriculture Committee. So my friend is absolutely right; we can do this in the right way and not have to be here in the middle of the night. I don't think that is anything to be proud of. However, I do believe what we did early this morning was right and very important. I think Senators Durbin and Brown laid it out as to why that vote was so critically important: It protected our families, it gave certainty to our businesses, and it keeps this economy moving forward. All this is true if the House passes this bill. As Senator Enzi said so eloquently and in such a straightforward fashion, this is a deal. Each of us could write our own deal, and each of us would be so much happier with a deal that we personally could write. But that is not the way it is. We are not a parliamentary system where one party controls everything. In a parliamentary system that we see in Europe, one party controls everything. They have a program. The other party opposition has a program. There may be other parties as well but two major parties. One of them gets elected, they put together a coalition, they have discipline, they have a program. They don't have to sit down with people they don't see eye to eye with. They just have to get together and pass the program. If the people don't like it, there is a vote of confidence and out they go and in comes the opposition. They have a channel. That is not the American system. Our system is much more difficult in so many ways. So many of us are so passionate on so many issues and believe so strongly, and yet we know we have to compromise, as Senator Enzi has said. When I sat down with Senator Inhofe on the Transportation bill--and I will be doing it now with Senator Vitter on the WRDA bill--the water resources bill--I laid out the five things I cared most about, he laid out the five things he cared most about, and, to be honest, there were only a couple things that matched. So we started with those things, and then we met each other in the middle with the rest. Then the Senate had a chance to work its will. When the bill got over to the House, it was stuck. It was trapped. We all went over there, all of us together on a bipartisan team, to speak to Speaker Boehner and Chairman Mica and say: OK, let's get it done. And we did. So it can get done. The Fiscal Cliff But we are where we are, where we are. This morning we had a choice, and, frankly, I was proud to see the overwhelming vote we had. It was amazing, 89 to 8. I don't know what motivated every colleague; I only know what motivated me to believe this was an important ``aye'' vote for me to cast. I will never forget this recession that we are just coming out of now, the worst recession since the Great Depression. As Treasury Secretary Hank Paulson--who put his head in his hands and was overwhelmed with what he actually called the potential collapse of capitalism. That is what we faced. We have short memories here because our lives are so filled with fast-moving events every day. Some of them are wonderful, some of them are awful, some of them lift up our hearts, some of them break our hearts. So we don't remember the things that happened a couple years ago. When President Obama took over after a very lifeless economy, as my friend Senator Brown said, where only 1 million jobs were being created--maybe not even that many--in the private sector over an 8-year period, and suddenly there was a collapse brought on by the greed of Wall Street and manipulation of securities dealing with housing--a crash, a nightmare, and we were losing 800,000 a month. Then the auto industry was on its knees. Believe me, in the past I haven't been the biggest fan of the auto industry for California because I believed they weren't producing the cleanest cars they could, the most fuel economy cars they could. I believed they were missing out on an opportunity. But let me tell you, when I was faced with the issue of whether to let them go bankrupt or stand and give them a chance, I chose that chance. And I am proud that I did it, and I am proud of this Congress for doing it. I am proud of this President for leading the way. That was a critical vote. And this vote this morning, I believe, was a critical vote if we really wanted to keep this economy moving forward. A lot of people say: How did President Obama ever win with that unemployment rate so high? All the historians were saying it was never going to happen because it has never happened. Well, I will tell you why I believe it happened. I believe people understood what we went through, what we suffered through, what he inherited, not to mention two wars on a credit card that he had to end. So I think people understood this. We don't give the people enough credit. They got it. They understood it. And I hope they realize this President has led us to this point, with the Vice President, with Senator McConnell, with Senator Reid, to move this economy forward. Let me tell you very quickly why it is so important to my home State. A lot of my colleagues roll their eyes when I tell them we have 38 million people in California. My friend from Wyoming, how many people in Wyoming? There are 562,785, and we have 38 million people. All right? I want to tell you what it means that we voted the way we did. It means 400,000 people this morning will lose their unemployment insurance unless the House acts. If the House acts as we did, they will not lose it. What does this mean to people, 400,000 of them? As my friend, the Presiding Officer--who is so good on economics--knows, there is a multiplier effect. For every dollar we give in unemployment benefits, we get a bang for the buck $1.42 in the community because the people on unemployment spend it because they are out of work. They are about to lose this help. We need to help them, and in this package we did--2 million nationwide, 600,000 jobs at stake from the multiplier effect, and in my State 400,000 people. Almost as many people as reside in the State of Wyoming were about to lose their unemployment insurance. Imagine--almost that. I ask for an additional 5 minutes.

Mrs. BOXER. So when we talk about our vote this morning, it is not a wonky discussion. It is real people. Five million Californians are about to get trapped into the AMT problem, the alternative minimum tax, which was set up for a very fair reason. I wasn't here at that time, but I remember reading about millionaires getting away with paying no taxes because we had no alternative minimum. They took advantage of the Tax Code, got their deductions, and paid nothing. We put it in place, but it is imperfect. We had to fix it to make sure it doesn't catch the middle class--5 million of my people. So this is like a partridge in a pear tree in a way: 400,000 people would have lost their unemployment compensation; 5 million would be caught in the alternative minimum tax, which would have been an extra in taxes right there; and 15 million would have seen their tax rates go up on average of $2,200. This bill we voted for this morning had real consequences, and I know a lot of people are worried about the future and what is coming down in 30 days, 60 days, and 90 days--and I worry too. But I have been around here long enough to know it isn't going to get better if we put this off until then and we have twice as many issues on our plates to deal with. So I believe what we did this morning--and my voice is going because it was a very difficult and emotional day for all of us, some being away from their families for the first time. I know my friend from Rhode Island and I talked about it. It wasn't easy, but we know what we are doing here is critical. We are not proud of the fact that it took us this long to get it done. I agree with my friend from Wyoming. It is nothing to be proud of, but it is important what we did. We have certainty for businesses that depend upon consumerism. We have an economy that is driven by consumer activity, about 70 percent of it. Now the business community knows--if the House acts. I have to keep reminding myself it is not done. If the House acts, we will give certainty to our families, to our businesses, to our low-income people who depend upon refundable tax credits, to our energy community that relies on energy tax breaks to keep on moving and keep on producing. So I don't want to see economic growth derailed. It was too hard and painful to sit through this very difficult economic recovery inch by inch, every day hoping we would push forward despite the odds. We had the economic crisis in New York that weighed on us as well. Well, what we did this morning was important. So I want to close by saying this to my friends in the House, all of them--Democrats, Republican, liberals, and conservatives--this is not the perfect deal. We all know it. Each of us can find a piece of it that we really, really don't like. But on the whole it will give certainty to this economy. In many cases, many of the provisions are permanent, such as the AMT. It gives certainty, and certainty is critical. We will not go back. We will not take billions and billions of dollars out of this economy. We can't do that now. I would say to my conservative friends over there: Now it is the first of the year. You are actually cutting taxes now because as of today they went up. So you could take credit for cutting taxes. I just hope and pray that the House will do the right thing; that Democrats and Republicans will come together as Americans and put the country first. I believe they will do this. I pray they will do this. I yield the floor.

Mrs. BOXER

Mrs. BOXER. Mr. President, we are all here and hopeful there will be a deal so we can avert going over the fiscal cliff. I listened carefully to the remarks of my friend Senator Harkin, which I would have to describe as fairly negative. I wish to project a bit more of a positive view. We all know that no side, if there is a deal, is going to get 100 percent of what they want. We know that because one party doesn't control everything, so we are going to have to meet somewhere in the middle of where both parties stand. We also know if we don't act, 100 percent of the American people are going to start feeling an impact of higher taxes. I honestly do not worry about the millionaires and the billionaires at all. I don't worry about the people who are fine, who don't even know or care that much about a tax hike that takes them back to the Clinton years when they did very well. I don't worry about those folks. I worry about the folks in the middle. There are always arguments about what that line is. Some say the middle class is at $75,000, some say $150,000, and some go even higher because their States, as is my State, are very high cost-of-living States. So we know if we are going to get a deal, we are going to have to meet somewhere in the middle. To me, if we fail, it will be a very sad moment in history. I hear a lot of talk about the sequester. I don't know exactly how the President pro tempore voted, but I voted for a sequester if we couldn't find savings as part of a debt limit deal. I am not about to stand here and say we should throw it out. I don't like it; it will bite. But if we said we are going to make savings, and if we couldn't do it one way we would do it through the sequester, then I think we have to step to the plate and admit that is the policy we voted for. I would much prefer to ease it, and I think there are ways to do that. One way is to bring the money home from the overseas spending account and use that money because we are getting out of Afghanistan, thank God, and the war in Iraq is over. So we could bring home that overseas war account money and use that to soften the sequester or even to stop it completely. My understanding is my Republican colleagues don't view that as real, but the Congressional Budget Office says it is real. So that is a way we can stop the sequester. Other than that, I think we have to own up to the fact that in the debt ceiling made-up crisis--this is a made-up crisis and that was a made-up crisis--we said if there were not cuts coming forward, we could go to an automatic spending cut regime. We can't run away from things we did, it seems to me. So I think there are the elements of putting something together. I know the Vice President is working hard with Senator McConnell and Senator Reid as an honest broker to bring us together. I know Senator Harkin is not very optimistic at this point based on what he is hearing. I believe, from what I am hearing, there may be something, maybe--there may not be; we don't know, we haven't seen it. It may be something that extends unemployment benefits, which is very important. It is critical. If we want to talk about the real cliff, it is for the people who are about to lose their unemployment compensation. The economists tell us that is the best bang for the buck. When we give someone who is unemployed a dollar, he goes out, she goes out, they spend in the community, and it has a multiplier effect that actually spurs economic growth in the community because 70 percent of our economy is based on consumers. If they have nothing, then the communities have nothing, the local businesses have nothing, let alone they would suffer and some, perhaps, lose their houses and such. So we need to do that. That is critical. If that is not in the deal, that deal is a real problem. So if that is in there, and we do the tax extenders even for a shorter period of time, and we stop raising taxes on 98 percent, 97 percent of the people, I don't think we should prejudge that at this point. The devil is always in the details. Something could come out that is just a nonstarter. Senator Reid went down to that microphone yesterday and said to the Republicans: We are not cutting Social Security benefits; that is not part of this package: Don't even put it on the table; stop. After the Republicans had their luncheon meeting, they came out and actually took it off the table. That was positive. Don't try to slip things in here that could hurt the people, that will balance the budget on the backs of those who can't do it. Don't bring up Social Security when we are doing a very short term deal to get us over this cliff. So none of us, except for a couple of people, really know what is in this deal. We are hearing leaks about it, we are hearing rumors about it, but we don't know if we will have the deal. Personally, I hope we have something we can look at and decide whether it is something we can support and not prejudge it at this stage because we have to remember something: This is a compromise. We don't have a parliamentary system of government. One party doesn't run the show. It is shared responsibility. It is frustrating, and it is difficult. I was able to bring a highway bill to the floor as the chairman of the Environmental and Public Works Committee, doing it with Senator Inhofe, and a person couldn't find two people more philosophically apart than we are. I have seen the President pro tempore do the same in his committee, working with the other side, and he brought out of his committee an incredible bill called the Violence Against Women Act. He did it with the Republicans. I watched Senator Stabenow and Pat Roberts come forward with a farm bill. I have watched Senator Feinstein in intelligence, and I have watched Senator Levin and Senator McCain. We can make it happen. It can happen. We have to make it happen. I will close with this: I served in the House for 10 years. I served with incredible Members. One of them was Tip O'Neill, and he was the Speaker. Tip O'Neill had a certain magic about him. The magic was he understood how to get things done because he didn't consider himself Speaker of the Democrats; he considered himself Speaker of the House. He knew the magic number was 218. That was the number. He would come over to me and every Member when there was a tough vote, and he would say: Well, Barbara, can you be with me on this one? I would say: Gee, Mr. Speaker, I don't think so. It is not good for my district. I really don't think I can. He would say to me: Well, you know what. If that is how you feel about it, I understand. If I need you, I will come back to you. Then he would go do the same thing and pick up some Republicans on the other side, and he would get the magic 218 and it would be done. Right now we have Speaker Boehner, whom I know and like personally, but it seems as though he doesn't want to talk to the Democrats. Nothing is going to get done for our country if we don't talk to each other. We don't have a parliamentary system. We have to work together. So I wanted to add at least a cautiously optimistic note. I am hopeful we will get something done, and I think if we do, and if it is fair--fair enough--we should get our country off this cliff. Thank you very much. I yield the floor.

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

Mrs BOXER

Mrs BOXER. Mr. President, I ask my colleagues to join me in honoring Dave Brubeck, the iconic jazz musician and composer who defined and popularized modern jazz during a pioneering career that spanned seven decades. Mr. Brubeck passed away on December 5, a day before his 92nd birthday, in Wilton, CT. Dave Brubeck was born in Concord, California, on December 6, 1920. When he was 11, Dave's family moved to the town of Ione in the rolling Sierra foothills of Amador County, where his father, Pete, managed a cattle ranch, and his mother, Elizabeth, a classically-trained pianist, taught Dave and his two brothers how to play various musical instruments. Although his poor eyesight kept him from reading music, this determined young musician learned mostly by listening, and his abundant musical talents made him a popular feature at local events by the time he was a teenager. At the College of the Pacific, Dave initially studied veterinary medicine before switching to music after one year. It was there that he met Iola Whitlock, a schoolmate who became his wife in 1942. Almost immediately upon graduation, he was drafted into the Army, where his standout performance as part of a travelling Red Cross show prompted a commanding officer to assign him to form a band to play for the troops in combat areas. He recruited black and white musicians to play together in his 18-piece band, the Wolfpack Band. After the war, Dave returned home to study music on a GI bill scholarship at Mills College under the tutelage of French composer Darius Milhaud. During this period, he met the musicians who would later form the Dave Brubeck Quartet. With Mr. Brubeck at the helm, the quartet's unique and groundbreaking style earned wide acclaim and a legion of fans from across the country, and eventually from around the world. In 1954, in recognition of his fame and prodigious talents, he was featured on the cover of Time Magazine. In 1959, the quartet's recording of ``Take Five'' became the first jazz single to sell a million copies. Over the years, he would produce other iconic jazz hits such as ``Time Out'' and ``It's a Raggy Waltz,'' record more than a hundred albums, and even write two ballets. A man of strong convictions, Mr. Brubeck used his musical gifts and celebrity to stand up for principles and causes in which he believed. In 1958, at the invitation of the U.S. State Department, he led the quartet on a good will tour that introduced jazz music to countries and audiences behind the Iron Curtain and in the Middle East. That same year, he refused to tour in South Africa when promoters insisted that his band be all white. Mr. Brubeck performed for eight presidents and composed the entrance music for Pope John Paul II's 1987 visit to Candlestick Park in San Francisco. He was named a Jazz Master by the National Endowment for the Arts and received a Kennedy Center Honor for his contribution to American culture. His alma mater, now known as the University of the Pacific, established the Brubeck Institute to further his lifelong work and goal to use the power of music to ``transform lives as well as to enlighten and entertain.'' On behalf of the people of his home state of California, I extend my deepest sympathies to Dave Brubeck's wife of 70 years, Iola; sons Darius, Chris, Dan and Matthew; daughter Catherine Yaghsizian; 10 grandchildren; and four great-grandchildren. Dave Brubeck was an American treasure, and he will be dearly missed.