[Congressional Record Volume 157, Number 103 (Tuesday, July 12, 2011)]
[Senate]
[Pages S4529-S4532]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 534. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. _. SENSE OF THE SENATE THAT INCREASED REVENUE SHOULD 
                   COME FROM NEW TAXPAYERS, NOT NEW TAXES.

       (a) Findings.--
       (1) According to the Bureau of Labor Statistics, the 
     national unemployment rate is 9.2 percent and 25 million 
     Americans are unemployed or underemployed.
       (2) According to the Congressional Budget Office--
       (A) the historical burden of government spending is 20.6 
     percent of Gross Domestic Product;
       (B) government spending is currently above 24 percent of 
     Gross Domestic Product;
       (C) tax revenues have historically averaged between 18 and 
     19 percent of Gross Domestic Product regardless of how high 
     the top marginal tax rate is; and
       (D) tax revenues are projected to reach 18.4 percent in 
     2021 without tax increases.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) Washington has a spending problem, not a revenue 
     problem;
       (2) raising taxes on our fragile economy will neither 
     create jobs nor generate significant revenue for debt 
     reduction;
       (3) increased tax revenue should come from economic growth 
     that creates new taxpayers, not new taxes, and such revenue 
     increases should be dedicated to reducing the national debt;
       (4) to boost the economy and reduce our Nation's 
     unsustainable debt in the process, Congress should pursue 
     comprehensive tax reform in lieu of tax increases that--
       (A) simplifies the tax code and sharply reduces marginal 
     tax rates for individuals, families, and businesses;
       (B) broadens the tax base;
       (C) ends punitive double taxation of savings and 
     investment; and
       (D) does not impose a net tax increase on the American 
     economy.
                                 ______
                                 
  SA 535. Mr. WHITEHOUSE (for himself, Mr. Blumenthal, Mr. Sanders, Mr. 
Franken, Mr. Brown of Ohio, and Mr. Merkley) submitted an amendment 
intended to be proposed by him to the bill S. 1323, to express the 
sense of the Senate on shared sacrifice in resolving the budget 
deficit; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. __. SENSE OF THE SENATE ON PROTECTING SOCIAL SECURITY 
                   AND MEDICARE.

       (a) Findings.--
       (1) Over 34,000,000 retired workers currently receive 
     Social Security benefits in amounts that average a modest 
     $14,100 a year.
       (2) In 2008, 23 percent of retired workers receiving Social 
     Security benefits depended on those benefits for all or 
     almost all of their income.
       (3) According to AARP, Social Security benefits kept 36 
     percent of seniors out of poverty in 2008.
       (4) Reducing Social Security benefits would cause many 
     seniors to have to choose between food, drugs, rent, and 
     heat.
       (5) Ninety-five percent of seniors in the United States, 
     who numbered almost 37,000,000 in 2008, got their health care 
     coverage through the Medicare program.
       (6) Without Medicare benefits, seniors, many of whom live 
     off of Social Security benefits, would have to turn to the 
     costly and uncertain private market for health care coverage.
       (7) The Social Security program and the Medicare program 
     are extremely successful social insurance programs that 
     permit seniors in America to retire with dignity and security 
     after a lifetime of hard work.
       (8) The Social Security program and the Medicare program 
     help relieve young American families from worry about their 
     own futures, allowing freedom of opportunity in America.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that any agreement to reduce the budget deficit should not 
     include cuts to Social Security benefits or Medicare 
     benefits.
                                 ______
                                 
  SA 536. Mrs. HUTCHISON submitted an amendment intended to be proposed 
by her to the bill S. 1323, to express the sense of the Senate on 
shared sacrifice in resolving the budget deficit; which was ordered to 
lie on the table; as follows:

       At the end, add the following:

[[Page S4530]]

     SEC. 2. EXTENDING THE SOLVENCY OF THE SOCIAL SECURITY TRUST 
                   FUNDS.

       (a) Short Title.--This section may be cited as the ``Defend 
     and Save Social Security Act''.
       (b) Adjustment to Normal and Early Retirement Age.--
       (1) In general.--Section 216(l) of the Social Security Act 
     (42 U.S.C. 416(l)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (C), by striking ``2017'' and inserting 
     ``2016''; and
       (ii) by striking subparagraphs (D) and (E) and inserting 
     the following new subparagraphs:
       ``(D) with respect to an individual who--
       ``(i) attains 62 years of age after December 31, 2015, and 
     before January 1, 2024, such individual's early retirement 
     age (as determined under paragraph (2)(A)) plus 48 months; or
       ``(ii) receives a benefit described in paragraph (2)(B) and 
     attains 60 years of age after December 31, 2015, and before 
     January 1, 2024, 66 years of age plus the number of months in 
     the age increase factor (as determined under paragraph 
     (4)(A)(i));
       ``(E) with respect to an individual who--
       ``(i) attains 62 years of age after December 31, 2023, and 
     before January 1, 2027, 68 years of age plus the number of 
     months in the age increase factor (as determined under 
     paragraph (4)(B)(ii)); or
       ``(ii) receives a benefit described in paragraph (2)(B) and 
     attains 60 years of age after December 31, 2023, and before 
     January 1, 2027, 68 years of age plus the number of months in 
     the age increase factor (as determined under paragraph 
     (4)(B)(i)); and
       ``(F) with respect to an individual who--
       ``(i) attains 62 years of age after December 31, 2026, 69 
     years of age; or
       ``(ii) receives a benefit described in paragraph (2)(B) and 
     attains 60 years of age after December 31, 2026, 69 years of 
     age.'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) The term `early retirement age' means--
       ``(A) in the case of an old-age, wife's, or husband's 
     insurance benefit--
       ``(i) 62 years of age with respect to an individual who 
     attains such age before January 1, 2016;
       ``(ii) with respect to an individual who attains 62 years 
     of age after December 31, 2015, and before January 1, 2023, 
     62 years of age plus the number of months in the age increase 
     factor (as determined under paragraph (4)(A)(ii)) for the 
     calendar year in which such individual attains 62 years of 
     age; and
       ``(iii) with respect to an individual who attains age 62 
     after December 31, 2022, 64 years of age; or
       ``(B) in the case of a widow's or widower's insurance 
     benefit, 60 years of age.'';
       (C) by striking paragraph (3) and inserting the following:
       ``(3) With respect to an individual who attains early 
     retirement age in the 5-year period consisting of the 
     calendar years 2000 through 2004, the age increase factor 
     shall be equal to two-twelfths of the number of months in the 
     period beginning with January 2000 and ending with December 
     of the year in which the individual attains early retirement 
     age.''; and
       (D) by adding at the end the following new paragraph:
       ``(4) The age increase factor shall be equal to three-
     twelfths of the number of months in the period--
       ``(A) beginning with January 2016 and ending with December 
     of the year in which--
       ``(i) for purposes of paragraphs (1)(D)(ii), the individual 
     attains 60 years of age; or
       ``(ii) for purposes of paragraph (2)(A)(ii), the individual 
     attains 62 years of age; and
       ``(B) beginning with January 2024 and ending with December 
     of the year in which--
       ``(i) for purposes of (1)(E)(ii), the individual attains 60 
     years of age; or
       ``(ii) for purposes of (1)(E)(i), the individual attains 62 
     years of age.''.
       (2) Conforming increase in number of elapsed years for 
     purposes of determining primary insurance amount.--Section 
     215(b)(2)(B)(iii) of such Act (42 U.S.C. 415(b)(2)(B)(iii)) 
     is amended by striking ``age 62'' and inserting ``early 
     retirement age (or, in the case of an individual who receives 
     a benefit described in section 216(l)(2)(B), 62 years of 
     age)''.
       (c) Cost-of-Living Adjustment.--Section 215(i) of the 
     Social Security Act (42 U.S.C. 415(i)) is amended--
       (1) in paragraph (1)(D), by inserting ``subject to 
     paragraph (6),'' before ``the term''; and
       (2) by adding at the end the following new paragraph:
       ``(6)(A) Subject to subparagraph (B), with respect to a 
     base quarter or cost-of-living computation quarter in any 
     calendar year after 2010, the term `CPI increase percentage' 
     means the percentage determined under paragraph (1)(D) for 
     the quarter reduced (but not below zero) by 1 percentage 
     point.
       ``(B) The reduction under subparagraph (A) shall apply only 
     for purposes of determining the amount of benefits under this 
     title and not for purposes of determining the amount of, or 
     any increases in, benefits under other provisions of law 
     which operate by reference to increases in benefits under 
     this title.''.
                                 ______
                                 
  SA 537. Mrs. HUTCHISON (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill S. 1323, to 
express the sense of the Senate on shared sacrifice in resolving the 
budget deficit; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 2. EMERGENCY FUNDING TO PROVIDE PAY AND ALLOWANCES FOR 
                   MEMBERS OF THE ARMED FORCES AND SUPPORTING 
                   CIVILIAN AND CONTRACTOR PERSONNEL DURING 
                   FUNDING GAP IMPACTING THE DEPARTMENT OF DEFENSE 
                   OR DEPARTMENT OF HOMELAND SECURITY.

       (a) Funding for Military Pay and Allowances.--During a 
     funding gap impacting the Armed Forces, the Secretary of the 
     Treasury shall make available to the Secretary of Defense 
     (and the Secretary of Homeland Security in the case of the 
     Coast Guard), out of any amounts in the general fund of the 
     Treasury not otherwise appropriated, such amounts as the 
     Secretary of Defense (and the Secretary of Homeland Security 
     in the case of the Coast Guard) determines to be necessary to 
     continue to provide pay and allowances (without interruption) 
     to the following:
       (1) Members of the Army, Navy, Air Force, Marine Corps, and 
     Coast Guard, including reserve components thereof, who 
     perform active service during the funding gap.
       (2) At the discretion of the Secretary of Defense, such 
     civilian personnel of the Department of Defense who are 
     providing support to the members of the Armed Forces 
     described in paragraph (1) as the Secretary considers 
     appropriate.
       (3) At the discretion of the Secretary of Defense, such 
     personnel of contractors of the Department of Defense who are 
     providing direct support to the members of the Armed Forces 
     described in paragraph (1) as the Secretary considers 
     appropriate.
       (b) Funding Gap Defined.--In this section, the term 
     ``funding gap'' means any period of time after the beginning 
     of a fiscal year for which interim or full-year 
     appropriations for the personnel accounts of the Armed Forces 
     for that fiscal year have not been enacted.
       (c) Duration of Transfer Authority.--No transfer may be 
     made by the Secretary of the Treasury under subsection (a) 
     after December 31, 2011.
                                 ______
                                 
  SA 538. Mr. JOHANNS submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. SENSE OF THE SENATE RELATING TO EXPANDING OR 
                   EXTENDING SPENDING INCLUDED IN THE AMERICAN 
                   RECOVERY AND REINVESTMENT ACT OF 2009.

       It is the sense of the Senate that Congress should not 
     enact any legislation that expands or extends the spending 
     provisions included in the American Recovery and Reinvestment 
     Act of 2009 (Public Law 111-5; 123 Stat. 179).
                                 ______
                                 
  SA 539. Mr. JOHANNS submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. SENSE OF THE SENATE RELATING TO NEW SPENDING.

       It is the sense of the Senate that Congress should not 
     enact any legislation that reduces expenditures under the 
     Medicare program and uses the savings from such reduction for 
     new spending.
                                 ______
                                 
  SA 540. Mr. JOHANNS submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. SENSE OF THE SENATE RELATING RAISING THE DEBT 
                   CEILING.

       It is the sense of the Senate that any legislation that 
     increases the limit on public debt, as provided in section 
     3101(b) of title 31, United States Code, shall not include 
     any increase in taxes unless the Secretary of the Treasury 
     submits a certification to Congress that the increase in 
     taxes will not cause any further loss of jobs.
                                 ______
                                 
  SA 541. Mr. JOHANNS submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. __. SENSE OF THE SENATE RELATING TO NEW SPENDING.

       It is the sense of the Senate that Congress should not 
     enact any legislation that reduces expenditures under the 
     Social Security program and uses the savings from such 
     reduction for new spending.
                                 ______
                                 
  SA 542. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the

[[Page S4531]]

sense of the Senate on shared sacrifice in resolving the budget 
deficit; which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

     SEC. ___. REDUCTION IN NON-SECURITY DISCRETIONARY SPENDING.

       (a) In General.--Amounts appropriated for non-security 
     discretionary spending for fiscal year 2011 are reduced on a 
     pro rata basis by 2.5 percent.
       (b) Non-security Spending.--In this section, the term `non-
     security discretionary spending' means discretionary spending 
     other than spending for the Department of Defense, homeland 
     security activities, intelligence related activities within 
     the Department of State, the Department of Veterans Affairs, 
     and national security related activities in the Department of 
     Energy.
                                 ______
                                 
  SA 543. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 1323, to express the sense of the Senate 
on shared sacrifice in resolving the budget deficit; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 2. CONGRESSIONAL RETIREMENT AGE.

       (a) Short Title.--This section may be cited as the 
     ``Congressional Retirement Age Act of 2011''.
       (b) CSRS.--Subchapter III of chapter 83 of title 5, United 
     States Code, is amended--
       (1) in section 8336, by adding at the end the following:
       ``(q)(1) An individual serving as a Member on or after the 
     date of enactment of this subsection--
       ``(A) shall not be eligible for an annuity under any other 
     provision of this section; and
       ``(B) shall be eligible for an annuity if the individual is 
     separated from the service after attaining retirement age (as 
     defined in section 216(l)(1) of the Social Security Act (42 
     U.S.C. 416(l)(1)) and completing 5 years of service.
       ``(2) This subsection applies to an individual serving as a 
     Member on or after the date of enactment of this subsection 
     without regard to whether--
       ``(A) the individual is separated from the service while 
     serving as an employee or a Member; or
       ``(B) any service by the individual is subject to section 
     8334(k)''; and
       (2) in section 8338, by adding at the end the following:
       ``(i)(1) An individual serving as a Member on or after the 
     date of enactment of this subsection--
       ``(A) shall not be eligible for an annuity under any other 
     provision of this section; and
       ``(B) if the individual is separated from the service, or 
     transferred to a position in which the individual does not 
     continue subject to this subchapter, after completing 5 years 
     of service, is eligible for an annuity beginning at 
     retirement age (as defined in section 216(l)(1) of the Social 
     Security Act (42 U.S.C. 416(l)(1)).
       ``(2) This subsection applies to an individual serving as a 
     Member on or after the date of enactment of this subsection 
     without regard to whether--
       ``(A) the individual serves as an employee before, on, or 
     after the date of enactment of this subsection; or
       ``(B) any service by the individual is subject to section 
     8334(k).''.
       (c) FERS.--Chapter 84 of title 5, United States Code, is 
     amended--
       (1) in section 8412, by adding at the end the following:
       ``(i)(1) An individual serving as a Member on or after the 
     date of enactment of this subsection--
       ``(A) shall not be eligible for an annuity under any other 
     provision of this section; and
       ``(B) shall be eligible for an annuity if the individual is 
     separated from the service after attaining retirement age (as 
     defined in section 216(l)(1) of the Social Security Act (42 
     U.S.C. 416(l)(1)) and completing 5 years of service.
       ``(2) This subsection applies to an individual serving as a 
     Member on or after the date of enactment of this subsection 
     without regard to whether the individual is separated from 
     the service while serving as an employee or a Member.'';
       (2) in section 8413, by adding at the end the following:
       ``(c)(1) An individual serving as a Member on or after the 
     date of enactment of this subsection--
       ``(A) shall not be eligible for an annuity under any other 
     provision of this section; and
       ``(B) if the individual is separated from the service, or 
     transferred to a position in which the individual does not 
     continue subject to this chapter, after completing 5 years of 
     service, is eligible for an annuity beginning at retirement 
     age (as defined in section 216(l)(1) of the Social Security 
     Act (42 U.S.C. 416(l)(1)).
       ``(2) This subsection applies to an individual serving as a 
     Member on or after the date of enactment of this subsection 
     without regard to whether the individual serves as an 
     employee before, on, or after the date of enactment of this 
     subsection.''; and
       (3) in section 8414, by adding at the end the following:
       ``(e) Notwithstanding any other provision of this section, 
     an individual serving as a Member on or after the date of 
     enactment of this subsection who otherwise meets the 
     requirements for an annuity under another provision of this 
     section shall not be entitled to an annuity until after 
     attaining retirement age (as defined in section 216(l)(1) of 
     the Social Security Act (42 U.S.C. 416(l)(1)).''.
                                 ______
                                 
  SA 544. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end of the bill, add the following:

     SEC. 2. FEDERAL WORKFORCE.

       It is the sense of the Senate that--
       (1) the pay, retirement benefits, and composition of 
     Federal employees needs to be preserved;
       (2) Federal employees have already made significant 
     contributions toward deficit reduction with the Federal 
     employee pay freeze;
       (3) it is necessary to maintain Federal employee pay and 
     benefits at rates that incentivize talented Americans to join 
     the Federal workforce;
       (4) it is important to have the best and brightest 
     individuals working for the Federal Government;
       (5) radical proposals that would harm our Nation should be 
     rejected, including the proposal of reducing the current 
     Federal workforce by attrition and privatizing Federal jobs;
       (6) privatizing Federal jobs can lead to complex, expensive 
     results as noted by former Secretary of Defense Robert Gates; 
     and
       (7) private contractors cost on average 25 percent more per 
     employee each year compared to the cost of hiring a civil 
     servant.
                                 ______
                                 
  SA 545. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 1323, to express the sense of the Senate on 
shared sacrifice in resolving the budget deficit; which was ordered to 
lie on the table; as follows:

       On page _, between lines _ and _, insert the following:

     SEC. ___. SENSE OF SENATE REGARDING PROHIBITION ON FUNDING 
                   FOR GLOBAL CLIMATE CHANGE INITIATIVE.

       (a) Finding.--The Senate finds that the budget request of 
     the President for fiscal year 2012 included a total of 
     $1,329,000,000 for the United States Agency for International 
     Development, the Department of the Treasury, and the 
     Department of State for the Global Climate Change Initiative.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Department of State, the United States Agency for 
     International Development, and the Department of the Treasury 
     should not expend taxpayer funds to provide foreign 
     assistance through the Global Climate Change Initiative.
                                 ______
                                 
  SA 546. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 1323, to express the sense of the Senate 
on shared sacrifice in resolving the budget deficit; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. _. SENSE OF THE SENATE REGARDING CORPORATE TAX 
                   LOOPHOLES.

       It is the sense of the Senate that loopholes that allow 
     large and profitable corporations to avoid paying their fair 
     share of federal taxes should be closed as part of any 
     deficit reduction legislation.
                                 ______
                                 
  SA 547. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 1323, to express the sense of the Senate 
on shared sacrifice in resolving the budget deficit; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. _. SENSE OF THE SENATE WITH RESPECT TO NEW OR EXTENDED 
                   TAX CUTS FOR THE WEALTHY.

       It is the sense of the Senate that no new tax cuts for the 
     wealthy, including an extension of the Bush tax cuts for 
     upper income earners, should be enacted until annual federal 
     deficits have been eliminated.
                                 ______
                                 
  SA 548. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 1323, to express the sense of the Senate 
on shared sacrifice in resolving the budget deficit; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

     SEC. _. SENSE OF THE SENATE ON TAX LOOPHOLES FOR LUXURY 
                   ITEMS.

       It is the sense of the Senate that tax loopholes for luxury 
     items including racehorses, yachts, and private jets, should 
     be repealed as part of any deficit reduction legislation.
                                 ______
                                 
  SA 549. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 1323, to express the sense of the Senate 
on shared sacrifice in resolving the budget deficit; which was ordered 
to lie on the table; as follows:


[[Page S4532]]


       At the end, add the following:

     SEC. _. SENSE OF THE SENATE RELATING TO THE ESTATE TAX.

       It is the sense of the Senate that the estate tax should be 
     returned to its 2001 levels as part of any deficit reduction 
     legislation.

                          ____________________