[Congressional Record Volume 159, Number 132 (Monday, September 30, 2013)] [House] [Pages H6031-H6040] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] CONTINUING APPROPRIATIONS RESOLUTION, 2014 Mr. ROGERS of Kentucky. Mr. Speaker, pursuant to House Resolution 367, I call up the joint resolution (H.J. Res. 59) making continuing appropriations for fiscal year 2014, and for other purposes, with the House amendment to the Senate amendment thereto, and ask for its immediate consideration. The Clerk read the title of the bill. The SPEAKER pro tempore. The Clerk will designate the Senate amendment. The text of the Senate amendment is as follows: Senate amendment: Strike all after the first word and insert the following: the following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2014, and for other purposes, namely: Sec. 101. (a) Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2013 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this joint resolution, that were conducted in fiscal year 2013, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2013 (division A of Public Law 113-6), except section 735. (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013 (division B of Public Law 113-6). (3) The Department of Defense Appropriations Act, 2013 (division C of Public Law 113-6). (4) The Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113-6). (5) The Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2013 (division E of Public Law 113-6). (6) The Full-Year Continuing Appropriations Act, 2013 (division F of Public Law 113-6). (b) The rate for operations provided by subsection (a) for each account shall be calculated to reflect the full amount of any reduction required in fiscal year 2013 pursuant to-- (1) any provision of division G of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113- 6), including section 3004; and (2) the Presidential sequestration order dated March 1, 2013, except as attributable to budget authority made available by-- (A) sections 140(b) or 141(b) of the Continuing Appropriations Resolution, 2013 (Public Law 112-175); or (B) the Disaster Relief Appropriations Act, 2013 (Public Law 113-2). Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2013 or prior years; (2) the increase in production rates above those sustained with fiscal year 2013 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P-1 line item in a budget activity within an appropriation account and an R-1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2013. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. Sec. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2013. Sec. 105. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution. Sec. 106. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act for fiscal year 2014, appropriations and funds made available and authority granted pursuant to this joint resolution shall be available until whichever of the following first occurs: (1) the enactment into law of an appropriation for any project or activity provided for in this joint resolution; (2) the enactment into law of the applicable appropriations Act for fiscal year 2014 without any provision for such project or activity; or (3) November 15, 2013. Sec. 107. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. Sec. 108. Appropriations made and funds made available by or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this joint resolution may be construed to waive any other provision of law governing the apportionment of funds. Sec. 109. Notwithstanding any other provision of this joint resolution, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2014 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this joint resolution that would impinge on final funding prerogatives. Sec. 110. This joint resolution shall be implemented so that only the most limited funding action of that permitted in the joint resolution shall be taken in order to provide for continuation of projects and activities. Sec. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2013, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2013, to be continued through the date specified in section 106(3). (b) Notwithstanding section 106, obligations for mandatory payments due on or about the [[Page H6032]] first day of any month that begins after October 2013 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments. Sec. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2013, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. Sec. 113. Funds appropriated by this joint resolution may be obligated and expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). Sec. 114. (a) Each amount incorporated by reference in this joint resolution that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of such Act or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively. (b) Of the amounts made available by section 101 for ``Social Security Administration, Limitation on Administrative Expenses'' for the cost associated with continuing disability reviews under titles II and XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $273,000,000 is provided to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency Deficit Control Act of 1985, as amended, and $469,639,000 is additional new budget authority specified for purposes of section 251(b)(2)(B) of such Act. (c) Section 5 of Public Law 113-6 shall apply to amounts designated in subsection (a) for Overseas Contingency Operations/Global War on Terrorism. Sec. 115. Section 3003 of division G of Public Law 113-6 shall be applied to funds appropriated by this joint resolution by substituting ``fiscal year 2014'' for ``fiscal year 2013'' each place it appears. Sec. 116. Section 408 of the Food for Peace Act (7 U.S.C. 1736b) shall be applied by substituting the date specified in section 106(3) of this joint resolution for ``December 31, 2012''. Sec. 117. Amounts made available under section 101 for ``Department of Commerce--National Oceanic and Atmospheric Administration--Procurement, Acquisition and Construction'' may be apportioned up to the rate for operations necessary to maintain the planned launch schedules for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite system. Sec. 118. The authority provided by sections 1205 and 1206 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) shall continue in effect, notwithstanding subsection (h) of section 1206, through the earlier of the date specified in section 106(3) of this joint resolution or the date of the enactment of an Act authorizing appropriations for fiscal year 2014 for military activities of the Department of Defense. Sec. 119. Section 14704 of title 40, United States Code, shall be applied to amounts made available by this joint resolution by substituting the date specified in section 106(3) of this joint resolution for ``October 1, 2012''. Sec. 120. Notwithstanding any other provision of this joint resolution, except section 106, the District of Columbia may expend local funds under the heading ``District of Columbia Funds'' for such programs and activities under title IV of H.R. 2786 (113th Congress), as reported by the Committee on Appropriations of the House of Representatives, at the rate set forth under ``District of Columbia Funds-- Summary of Expenses'' as included in the Fiscal Year 2014 Budget Request Act of 2013 (D.C. Act 20-127), as modified as of the date of the enactment of this joint resolution. Sec. 121. Notwithstanding section 101, amounts are provided for ``The Judiciary--Courts of Appeals, District Courts, and Other Judicial Services--Defender Services'' at a rate for operations of $1,012,000,000. Sec. 122. For the period covered by this joint resolution, section 550(b) of Public Law 109-295 (6 U.S.C. 121 note) shall be applied by substituting the date specified in section 106(3) of this joint resolution for ``October 4, 2013''. Sec. 123. The authority provided by section 532 of Public Law 109-295 shall continue in effect through the date specified in section 106(3) of this joint resolution. Sec. 124. The authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall continue in effect through the date specified in section 106(3) of this joint resolution. Sec. 125. (a) Any amounts made available pursuant to section 101 for ``Department of Homeland Security--U.S. Customs and Border Protection--Salaries and Expenses'', ``Department of Homeland Security--U.S. Customs and Border Protection--Border Security Fencing, Infrastructure, and Technology'', and ``Department of Homeland Security--U.S. Immigration and Customs Enforcement--Salaries and Expenses'' shall be obligated at a rate for operations as necessary to respectively-- (1) sustain the staffing levels of U.S. Customs and Border Protection Officers, equivalent to the staffing levels achieved on September 30, 2013, and comply with the last proviso under the heading ``Department of Homeland Security-- U.S. Customs and Border Protection--Salaries and Expenses'' in division D of Public Law 113-6; (2) sustain border security operations, including sustaining the operation of Tethered Aerostat Radar Systems; and (3) sustain the staffing levels of U.S. Immigration and Customs Enforcement agents, equivalent to the staffing levels achieved on September 30, 2013, and comply with the sixth proviso under the heading ``Department of Homeland Security-- U.S. Immigration and Customs Enforcement--Salaries and Expenses'' in division D of Public Law 113-6. (b) The Secretary of Homeland Security shall notify the Committees on Appropriations of the House of Representatives and the Senate on each use of the authority provided in this section. Sec. 126. In addition to the amount otherwise provided by section 101 for ``Department of the Interior--Department-wide Programs--Wildland Fire Management'', there is appropriated $36,000,000 for an additional amount for fiscal year 2014, to remain available until expended, for urgent wildland fire suppression activities: Provided, That of the funds provided, $15,000,000 is for burned area rehabilitation: Provided further, That such funds shall only become available if funds previously provided for wildland fire suppression will be exhausted imminently and the Secretary of the Interior notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the need for these additional funds: Provided further, That such funds are also available for transfer to other appropriations accounts to repay amounts previously transferred for wildfire suppression. Sec. 127. In addition to the amount otherwise provided by section 101 for ``Department of Agriculture--Forest Service-- Wildland Fire Management'', there is appropriated $600,000,000 for an additional amount for fiscal year 2014, to remain available until expended, for urgent wildland fire suppression activities: Provided, That such funds shall only become available if funds previously provided for wildland fire suppression will be exhausted imminently and the Secretary of Agriculture notifies the Committees on Appropriations of the House of Representatives and the Senate in writing of the need for these additional funds: Provided further, That such funds are also available for transfer to other appropriations accounts to repay amounts previously transferred for wildfire suppression. Sec. 128. The authority provided by section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105-277; 16 U.S.C. 2104 note) shall continue in effect through the date specified in section 106(3) of this joint resolution. Sec. 129. The authority provided by subsection (m)(3) of section 8162 of the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79), as amended, shall continue in effect through the date specified in section 106(3) of this joint resolution. Sec. 130. Activities authorized under part A of title IV and section 1108(b) of the Social Security Act (except for activities authorized in section 403(b)) shall continue through the date specified in section 106(3) of this joint resolution in the manner authorized for fiscal year 2013, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Sec. 131. Notwithstanding section 101, the matter under the heading ``Department of Labor--Mine Safety and Health Administration--Salaries and Expenses'' in division F of Public Law 112-74 shall be applied to funds appropriated by this joint resolution by substituting ``is authorized to collect and retain up to $2,499,000'' for ``may retain up to $1,499,000''. Sec. 132. The first proviso under the heading ``Department of Health and Human Services--Administration for Children and Families--Low Income Home Energy Assistance'' in division F of Public Law 112-74 shall be applied to amounts made available by this joint resolution by substituting ``2014'' for ``2012''. Sec. 133. Amounts provided by section 101 for ``Department of Health and Human Services--Administration for Children and Families--Refugee and Entrant Assistance'' may be obligated up to a rate for operations necessary to maintain program operations at the level provided in fiscal year 2013, as necessary to accommodate increased demand. Sec. 134. During the period covered by this joint resolution, amounts provided under section 101 for ``Department of Health and Human Services--Office of the Secretary--Public Health and Social Services Emergency Fund'' may be obligated at a rate necessary to assure timely execution of planned advanced research and development contracts pursuant to section 319L of the Public Health Service Act, to remain available until expended, for expenses necessary to support advanced research and development pursuant to section 319L of the Public Health Service Act (42 U.S.C. 247d-7e) and other administrative expenses of the Biomedical Advanced Research and Development Authority. Sec. 135. Notwithstanding any other provision of this joint resolution, there is appropriated for payment to Bonnie Englebardt Lautenberg, widow of Frank R. Lautenberg, late a Senator from New Jersey, $174,000. Sec. 136. Notwithstanding section 101, amounts are provided for ``Department of Veterans Affairs--Departmental Administration--General Operating Expenses, Veterans Benefits Administration'' at a rate for operations of $2,455,490,000. [[Page H6033]] Sec. 137. The authority provided by the penultimate proviso under the heading ``Department of Housing and Urban Development--Rental Assistance Demonstration'' in division C of Public Law 112-55 shall continue in effect through the date specified in section 106(3) of this joint resolution. This joint resolution may be cited as the ``Continuing Appropriations Resolution, 2014''. Motion Offered by Mr. Rogers of Kentucky Mr. ROGERS of Kentucky. Mr. Speaker, I have a motion at the desk. The SPEAKER pro tempore. The Clerk will designate the motion. The text of the motion is as follows: Mr. Rogers of Kentucky moves that the House recede from its amendments to the amendment of the Senate, and concur therein with the amendment printed in House Report 113-239. The text of the House amendment to the Senate amendment to the text is as follows: In the matter proposed to be added by the Senate amendment, insert at the end (before the short title) the following: Sec. 138. Notwithstanding any other provision of this joint resolution, the date referred to in section 106(3) shall be December 15, 2013. Sec. 139. For the period covered by this joint resolution, the authority provided by the provisos under the heading ``Dwight D. Eisenhower Memorial Commission--Capital Construction'' in division E of Public Law 112-74 shall not be in effect. Sec. 140. Section 1244(c)(3) of the National Defense Authorization Act for Fiscal Year 2008 (8 U.S.C. 1157 note) is amended by adding at the end the following: ``(C) Fiscal year 2014.-- ``(i) In general.--Except as provided in clauses (ii) and (iii), the total number of principal aliens who may be provided special immigrant status under this section in fiscal year 2014 during the period ending on December 15, 2013 shall be the sum of-- ``(I) the number of aliens described in subsection (b) whose application for special immigrant status under this section is pending on September 30, 2013; and ``(II) 2,000. ``(ii) Employment period.--The 1-year period during which the principal alien is required to have been employed by or on behalf of the United States Government in Iraq under subsection (b)(1)(B) shall begin on or after March 20, 2003, and end on or before September 30, 2013. ``(iii) Application deadline.--The principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) not later than December 15, 2013.''. Sec. 141. (a) Delay in Application of Individual Health Insurance Mandate.--Section 5000A(a) of the Internal Revenue Code of 1986 is amended by striking ``2013'' and inserting ``2014''. (b) Conforming Amendments.--(1) Section 5000A(c)(2)(B) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``2014'' in clause (i) and inserting ``2015'', and (B) by striking ``2015'' in clauses (ii) and (iii) and inserting ``2016''. (2) Section 5000A(c)(3)(B) of such Code is amended-- (A) by striking ``2014'' and inserting ``2015'', and (B) by striking ``2015'' (prior to amendment by subparagraph (A)) and inserting ``2016''. (3) Section 5000A(c)(3)(D) of such Code is amended-- (A) by striking ``2016'' and inserting ``2017'', and (B) by striking ``2015'' and inserting ``2016''. (4) Section 5000A(e)(1)(D) of such Code is amended-- (A) by striking ``2014'' and inserting ``2015'', and (B) by striking ``2013'' and inserting ``2014''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 1501 of the Patient Protection and Affordable Care Act. Sec. 142. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) by striking the subparagraph heading and inserting the following: ``(D) Members of congress, congressional staff, the president, vice president, and political appointees.--''; (2) in clause (i), in the matter preceding subclause (I)-- (A) by striking ``and congressional staff'' and inserting ``, congressional staff, the President, the Vice President, and political appointees''; and (B) by striking ``or congressional staff'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee''; (3) in clause (ii)-- (A) in subclause (I), by inserting before the period at the end the following: ``, and includes a Delegate or Resident Commissioner to the Congress''; (B) in subclause (II), by inserting after ``Congress,'' the following: ``of a standing, select, or joint committee of Congress (or a subcommittee thereof), of an office of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading `House Leadership Offices' in the act making appropriations for the Legislative Branch for the fiscal year involved, or a leadership office of the Senate (consisting of the offices of the President pro Tempore, Majority and Minority Leaders, Majority and Minority Whips, Conferences of the Majority and of the Minority, and Majority and Minority Policy Committees of the Senate),''; and (C) by adding at the end the following: ``(III) Political appointee.--The term `political appointee' means an individual who-- ``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; ``(cc) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart D of part 213 of title 5 of the Code of Federal Regulations; or ``(dd) is employed in or under the Executive Office of the President in a position that is excluded from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.''; and (4) by adding at the end the following: ``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, congressional staff, the President, the Vice President, or a political appointee for coverage under this subparagraph. ``(iv) Limitation on amount of tax credit or cost- sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. ``(v) Limitation on discretion for designation of staff.-- Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange.''. The SPEAKER pro tempore. Pursuant to House Resolution 367, the motion shall be debatable for 40 minutes, equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. The gentleman from Kentucky (Mr. Rogers) and the gentlewoman from New York (Mrs. Lowey) each will control 20 minutes. The Chair recognizes the gentleman from Kentucky. General Leave Mr. ROGERS of Kentucky. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the further consideration of H.J. Res. 59. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Kentucky? There was no objection. Mr. ROGERS of Kentucky. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise to move forward once again with H.J. Res. 59, the short-term continuing resolution that will keep the government open after the end of the 2013 fiscal year at midnight tonight. We simply can't wait a second longer. At this late hour, we must move ahead at an accelerated pace to keep the doors of our government open. For the sake of our Nation, we must pass this continuing resolution. Mr. Speaker, the operative word here is ``continuing.'' The bills we've had on the floor, including this most recent version, do not shut down the government, as many colleagues on the other side of the aisle have falsely said. This bill, and the ones before it, continues the important functions of the Federal Government. That means our citizens will continue to benefit from these programs and services, and passing this bill will allow this Congress to continue to make progress on our important legislative work, including finding meaningful, responsible, bipartisan solutions to our fiscal problems, like the debt ceiling, sequestration, and the most immediate issue at hand, funding the government for the 2014 fiscal year. We did not bring a resolution to shut down the government, Mr. Speaker. We brought a continuing resolution to continue the government. A shutdown will help no one. It will only harm our Nation's security and [[Page H6034]] our economy. It will hurt our people, who rely on the Federal Government's programs and services in some way or another and who put faith in their government to act in their best interests. Mr. Speaker, the House is not the body that is refusing to act. We aren't the ones who are not willing to budge. This is the third or fourth compromise we've offered to the Senate. They simply ignore us, throw it in the trash can. House Republicans have now offered multiple bills, including one with just a repeal of the widely unpopular medical device tax. We've even incorporated changes that the Senate had proposed, but the Senate still refuses to engage, as does the White House. Today we offer yet another piece of legislation designed to keep the government open. As with the previous CRs that the House has considered, this continuing resolution will fund the government through December 15 at the current post-sequestration funding rate. {time} 1930 It will incorporate most of the Senate's changes to our first CR, and include the few additional changes that I proposed as an amendment and that were added in the House on Saturday night. It will also delay for 1 year ObamaCare's individual mandate, and eliminates the employer subsidy for the health insurance plans of Members of Congress and our staffs and for political appointees at the White House. No one, Mr. Speaker, is going to like everything in this bill. I don't like everything in this bill. But the continuing resolution before us today is the most immediate path to avoiding a shutdown. I expect that the House will do the right thing and approve this CR today. I remain hopeful that the Senate will work with the House and pass this legislation. The people of this great Nation deserve more. They deserve a government that works for, not against, them. At the very least, that is a government that keeps its doors open. So I urge all Members, every single Member, to vote ``yes'' on this continuing resolution. Mr. Speaker, I reserve the balance of my time. Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume. Here we go again. Republicans insist on including riders that do not belong in an appropriations bill. Both the Senate and the President already made clear they will not accept these provisions. Still, the majority insists on taking the country toward a shutdown in a few short hours. As the clock ticks toward midnight, when appropriations will lapse and the government will shut down, Republicans have put forward the third version of a bill that is designed to shut down government unless we delay, defund, and deny affordable health care to American families. Mr. Speaker, Republicans claim Democrats refuse to negotiate. Let's review the history and Democrats' support for a compromise to keep government running: Republicans pushed us to the brink of default in the summer of 2011, resulting in a credit downgrade; Republicans walked out of negotiations with the President last December aimed at reaching a budget deal for this year; Republicans have refused to work with the Senate on the budget all year long; Republican leadership caved to the Tea Party and withdrew a plan that, in all likelihood, would have ended this standoff by separating health care legislation from a bill to keep the government running; And now Republicans refuse to say ``yes'' to the great concession made by Democrats in the Senate and the White House on the Republican spending level. The shutdown isn't only tarnished by Republican fingerprints, it is entirely of their making. We could avoid a shutdown by allowing a vote on the Senate's clean bill, but Republicans just won't allow it. This is no way to run the House of Representatives. This is no way to serve the hardworking people of the United States of America whom we represent. I urge my colleagues to vote against the Republican government shutdown. Mr. Speaker, I reserve the balance of my time. Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the distinguished gentleman from Florida (Mr. Ross). Mr. ROSS. Mr. Speaker, you know, I never supported ObamaCare because it's not sound policy. But if my fellow Americans have to endure this law, then why should not the Congress, the President, and the Vice President endure it as well? You see, today's vote is about fairness. It's why I introduced my amendment to the continuing resolution, to make sure that we would eliminate the ObamaCare fix that was given to us by the Office of Personnel Management. The American public understands what's going on. They understand that Congress always carves out their own little special interest, their little special treatment. The amendment today, this CR, would eliminate that. It would do one thing that this Congress so desperately needs, and that's to gain the sense of credibility that the American people are looking for. It's not about gamesmanship. They're tired of that. This is about leading by example. And while I laud my colleagues for allowing us to have this vote here today, I stood on this floor on Saturday explaining why this was so important to the American people, why it is so important to Congress. And therefore, I will say to you, even though it's politically difficult and sometimes politically hard to do the right thing, doing the right thing is always the right thing to do. I would urge support of this CR. Mrs. LOWEY. Mr. Speaker, I yield to the gentleman from Texas (Mr. Gene Green) for a unanimous consent request. (Mr. GENE GREEN of Texas asked and was given permission to revise and extend his remarks.) Mr. GENE GREEN of Texas. Mr. Speaker, I oppose this resolution. Mr. Speaker, here we are, within hours of shutting down most of the programs that this Congress has approved or funded. Do my Republican friends know how silly it sounds to threaten shutting down the government just to ensure that Members of Congress, our staff and White House staff don't receive the same health care benefits as other federal employees do? To gamble with valuable federal programs should be embarrassing. Here are just a few examples of programs that will be affected if the GOP pursues this strategy that I doubt they'd want to see happen. The GOP shutdown would mean that the Centers for Disease Control would be unable to support annual seasonal influenza program. Also, in the event of H7N9 influenza or Middle East Respiratory Syndrome related incident, preparation and response could be delayed. The GOP shutdown means we rely more on foreign energy as the issuance of permits for energy production on federal lands stop. I certainly know that my Republican colleagues wouldn't want to see that happen. Head Start centers around the country will close. During FY12, an estimated 1,600 Head Start agencies served over 950,000 children, including 71,963 children in Texas. Apparently, our children are okay to target in this political debate. Under the GOP shutdown, the Bureau of Alcohol, Tobacco, Firearms and Explosives will be affected and gun permits will not be processed. And very importantly, veterans' educational, compensation, and pension benefits processing would likely be delayed, as happened in the 1995-96, shutdowns. Texas has the second highest number of veterans in the country at nearly 1.7 million. To make this even more unreasonable, the Affordable Care Act, which you hate, will continue to go forward even if you shut down the United States Government since it's mandatory spending. Mr. Speaker, I encourage my colleagues to be reasonable and pass a clean CR. Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from Connecticut (Ms. DeLauro), the distinguished ranking member of the Labor, Health and Human Services, and Education Subcommittee. Ms. DeLAURO. Mr. Speaker, I rise in strong opposition to this amendment. We are hours away from a shutdown of the Federal Government that will damage our economy and make life harder for millions of families, especially families living on the edge. If the majority continues down this path, hundreds of thousands of workers will be sent home; many others will [[Page H6035]] continue to work without pay; antihunger and nutrition support for women, infants, and children will dry up; home and small business lending will freeze; lifesaving research will be put on hold; parks and museums will close. The one thing this will not stop is the Affordable Care Act going into effect. That act is the law of the land, passed by the Congress, signed by the President, upheld by the Supreme Court, and endorsed by the American people last November. Tomorrow, regardless of what the majority tries to do here tonight, enrollment begins so that affordable health insurance coverage is available. Instead of working with Democrats to move a budget forward, the majority's leadership is allowing the fringe ideologues in their party to turn the budget process into a hostage crisis. Kill the Affordable Care Act, they argue, or America gets it. This is not responsible leadership. Nonpartisan studies have shown that the delay in this amendment will cause higher health insurance premiums, higher costs for the government, and worse health care coverage for everyone. The majority knows exactly what they are doing. Two days ago they introduced amendments that were poison pills. Now we see an equally poisonous amendment to the budget today. They are rooting for a shutdown. One Republican Member even said, and I quote, ``We're very excited. It's exactly what we wanted, and we got it.'' Another said, and I quote, ``It's wonderful.'' It is not wonderful. It is terrible for our economy and for our families. This is extortion and this is hostage-taking. I urge my colleagues to oppose it. Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my time. Mrs. LOWEY. Mr. Speaker, I am pleased to yield 2 minutes to the distinguished gentlewoman from Ohio (Ms. Kaptur). Ms. KAPTUR. I thank Ranking Member Lowey for yielding. Mr. Speaker, our Nation is stronger when we come together as we, the people, to solve the serious challenges facing our country, yet we find ourselves on the precipice of a GOP-driven government shutdown. The standoff between the Tea Party and other Republicans is now leading to a GOP shutdown of our entire Federal Government. Extreme partisanship threatens our economic recovery and job creation across our country. Thousands of workers at Ohio's largest employer, Wright- Patterson Air Force Base in Dayton, are about to be furloughed. Most NASA employees, including the NASA Glenn Research Center at Brook Park, near Cleveland, will be sent home. Here in Washington, World War II veterans on their way here with Honor Flights across this country to visit the World War II Memorial on The Mall will find the Visitor Center closed. Mr. Speaker, we cannot continue to govern by staggering from manufactured crisis to manufactured crisis. The madness must stop. America needs leadership, not extreme partisanship. We need statesmanship, not brinksmanship. America has work to do putting our people back to work, educating the next generation, curbing crime, and improving health care. So the Republicans want to shut down the government? This will deeply hurt our country. It will hurt Ohio. There's no reason for it beyond shameful, partisan politics. It's time for the Republicans in Congress to come to their senses. Vote against the GOP shutdown. Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the gentleman from Lexington, Kentucky (Mr. Barr), my neighbor. Mr. BARR. Mr. Speaker, tonight the House is voting once again to fund the government and to prevent a shutdown. The House is also continuing the effort to listen to the American people and give a voice to those who want to limit the harmful impact of ObamaCare. The President said that the House is shutting down the government, but the House has acted multiple times to prevent a government shutdown. It is the President and the Senate majority leader who are refusing to negotiate, refusing to compromise, refusing to seek a bipartisan solution or a middle ground. The President will negotiate with Vladimir Putin, the President will negotiate with the leaders of Iran, but he won't negotiate with the duly elected Representatives of the people in Congress. In divided government, the only way forward is to negotiate. The American people witnessed one-party rule in 2010 when Congress rammed through ObamaCare on a party-line vote, and they didn't like it. The only thing that was bipartisan about ObamaCare in 2010 when it was enacted was the bipartisan opposition to it, and so they elected a different Congress and they divided power. So when you have divided power in government, the only way forward, when there is a difference of opinion, is to negotiate and compromise. I come from the district, Mr. Speaker, of Henry Clay, a great Speaker of the House. Henry Clay is a model for this President and this Congress. We need to come together and negotiate and abandon the stubborn refusal to lead, which will guarantee a government shutdown. The President needs to work with House Republicans to find a middle ground, and this bill is the middle ground, Mr. Speaker. When I found out that Members of Congress, the President, members of his Cabinet, and the political elite in Washington got a special exemption from ObamaCare, I introduced a simple, two-page piece of legislation, and it's called the Live by the Laws You Write Act, and it's a simple concept: Why should we allow the administration to delay ObamaCare for large employers and exempt Members of Congress, himself, and the elite, but not also provide relief for individuals and families? I believe that the President and Members of Congress should live by the same health care law that they have imposed on the American people. And so I call on my colleagues in the House, both on this side and that side of the aisle, to support fairness for the American people. If ObamaCare is what the President insists on, then it should apply to everyone, and that includes the politicians in Washington. Mrs. LOWEY. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Indiana (Mr. Visclosky). Mr. VISCLOSKY. I appreciate the gentlewoman yielding. Mr. Speaker, I have heard a lot of discussion about the budget. I have heard a lot of discussion about a continuing resolution, and I have heard a lot about the Affordable Care Act; but I see the chairman of the Appropriations Committee here on the floor, and I see the ranking member of the Appropriations Committee on the floor, and I don't hear a lot of discussion about what I would call the operative word tonight, and that is ``appropriations.'' In article I, section 8 of the United States Constitution, the Congress is charged with constituting tribunals, courts, inferior to the Supreme Court. In the very next section, we are told we need to appropriate those monies to do so. We are told in article I, section 8 of the United States Constitution that Congress must provide and maintain a Navy. In section 9, we are told, absent an appropriation from the Congress, that will not happen. The fiscal year begins tomorrow, and my great fear is that when a resolution of this continuing resolution occurs, if the date is December 15, we are going to make every agency and every department of United States Government operate just as they did last year--and, of course, last year we made them operate the way they did the year before--and have them wait for another 2\1/2\ months before we tell them what we are going to do. {time} 1945 I would suggest the operative word tonight is ``appropriations.'' We should do the Defense appropriations bill. We should do the Energy and Water appropriations bill. We should do the Homeland Security appropriations bill. We should do the Military Construction/VA appropriations bill. We should do the other appropriations bills that are necessary to fund the operation of the greatest country on the planet Earth, and we should stop what we're doing here. Mr. ROGERS of Kentucky. Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr. Weber). [[Page H6036]] Mr. WEBER of Texas. Mr. Speaker, fact one: ObamaCare passed the House with 219 Democrats. Thirty-four Democrats joined the Republicans in opposition. Let us see how many of those will join us in this upcoming vote. Fact two: Republicans have been and are poised to fund everything in government at the current levels--and are eager to do so. Fact three: polls show that Americans are overwhelmingly in favor of defunding ObamaCare. Fact four: the House, like it or not, our colleagues on the other side of the aisle, is the keeper of the purse under the Constitution, and we are well within our authority to defund an ill-conceived and unpopular program in the law. They say that the Republicans are going to shut down the government, but I will submit this, Mr. Speaker: the Democrats began to shut down the government in 2010, when they passed ObamaCare without bipartisan support. They not only began to shut down the government but the recovery of the American economy. And for them to come now and say that this is a Republican shutdown is unbelievable. We stand ready, willing, and able to fund the Government. There's only really one question that remains, Mr. Speaker. Four facts, one simple question. Will those same Democrats that voted in opposition to ObamaCare and the Senate listen to the American public, will they listen to their constituents, and will they vote with us this time so that our government can be funded, no shutdown will be necessary, and the American economy can continue to thrive? Mrs. LOWEY. Mr. Speaker, I am very pleased to yield 2 minutes to the distinguished gentleman from Virginia (Mr. Moran), the ranking member of the Interior Subcommittee. Mr. MORAN. I thank my good friend. Mr. Speaker, apparently we're here, largely, because a bunch of folks on the Republican side--Tea Party folks--fancy themselves strict constructionists. But I would remind them that the Founders set up the Senate to ensure that the House would act rationally and responsibly on a consistent basis. George Washington warned us against factualism. They expected us to fund the government, to pay our debts, and they underscored the fact that when you have a disagreement, it ought to be resolved democratically. So here we have a bill that passed the House and the Senate. The conference report passed the House and Senate. It was signed by the President. We had two national referenda, called Presidential elections. President Obama wins by 5 million votes. We don't have the right to repeal ObamaCare. Call it what you want, it's the law of the land. But now I understand that we are being told that unless you gut this legislation for an entire year, the Republican majority will not even fund the government for 45 days. Really? What kind of a deal is that? That's not reasonable. The idea that you would send 800,000 people home tomorrow, not knowing when they can come back to work, not even allowing them back to their offices, and take billions of dollars out of this economy, erode the confidence that people in the United States and around the world ought to be able to have in the United States, and you are going to do all this because you want to repeal a bill that is the law of the land, just because you have the leverage that you can hold up the government from being able to operate for 45 days? That's nuts. Our Founders would be ashamed of what this Congress has become. We're dysfunctional. We ought to be ashamed of ourselves. This ought to be defeated. Mr. ROGERS of Kentucky. Mr. Speaker, I reserve the balance of my time. Mrs. LOWEY. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from North Carolina (Mr. Price), the ranking member of the Homeland Security Committee. Mr. PRICE of North Carolina. Mr. Speaker we're now just hours away from the Tea Party-inspired government shutdown. Here our Republican colleagues go again, holding the economy hostage to their ideological demands and their take-it-or-leave-it politics. This isn't the behavior of responsible legislators or of a serious political party willing to do what it takes to govern. The only party that has actually compromised on the bill before us is Democrats, who have agreed to a short-term funding level below the Senate budget resolution, despite our belief that we should be replacing sequestration instead of locking it in. By contrast, Republican leaders have steadfastly refused to go to conference to work out a budget with Senate Democrats. They walked away from negotiations with the President on a comprehensive budget deal in December. And now it is Republicans, as the President said, who are demanding a ransom merely for doing their job of keeping the government open. That ransom, incredibly, is health insurance for millions of our fellow citizens. The Affordable Care Act has been upheld as the law of the land by a majority of Congress, a majority of the U.S. Supreme Court, and a majority of Americans at the ballot box. If the junior senator from Texas and his acolytes think they can overturn those decisions unilaterally, I suggest they consult the Constitution. I'd be happy to loan them a copy. Mr. Speaker, we've got to reject this latest Republican ploy, and this body, this country, has got to get back to the basics: keep the government running, pay the country's bills, and negotiate a comprehensive budget plan that ensures our fiscal future. Mr. ROGERS of Kentucky. Mr. Speaker, I continue to reserve the balance of my time. Mrs. LOWEY. Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from California (Mr. Farr). Mr. FARR. Thank you very much, Congresswoman Lowey, for yielding. Mr. Speaker, for those that may not understand what we're trying to do, all we have to do is pass one simple bill that was here in the House--the Senate gave it to us--and let's keep the government up for a number of days and continue to argue the other issues. But no, that's not what we're doing. We're taking that bill and just loading it up with a bunch of stuff that's been rejected time and time again. The consequence of that is you're not going to have a bill to the President tonight and the government will have to shut down. It's a huge mistake. And it's not something we do. We've never done it. In fact, in the time I've been here, we've had big partisan disputes. Our party fought vehemently against President Bush's decision to go to war in Iraq. We thought it was without evidence and certainly was going to cost the government a lot of money and probably not have a great outcome. We didn't shut down the government after we lost that debate. Instead, we tried to make it work. We fought against welfare reform. We thought that that reform of making everybody go to work even though they didn't know how to read and write--and mothers should be taking care of their children--we fought vehemently against it. And we lost. We didn't shut down government. We made it work. We fought again when Wall Street came in and said, Tomorrow, we fail. We thought, Well, it's the Republican watch. They're responsible for this. Wall Street is their business. They like that. But when we were told that this was going to bring down the economy of the Nation and the world, we helped get it passed. In fact, there were more Democratic votes than Republican votes. We didn't shut down government. We made it work. Tonight, we're on the verge of shutting down government. It's going to hurt a lot of people. It's going to hurt farmers who want to export food. It's going to hurt 8.7 million mothers in this country who want to feed their children on the WIC program. It's going to hurt 13 million children who go to school and will lose access to a school breakfast. It's going to hurt 31 million children who will lose their school meals. It will hurt 47 million low-income people who will not have food stamps. It's a mean, reckless, ill-conceived idea to shut down the government. Mr. ROGERS of Kentucky. Mr. Speaker, I continue to reserve the balance of my time. Mrs. LOWEY. Mr. Speaker, I am pleased to yield 2 minutes to the distinguished gentlewoman from California (Ms. Lee). [[Page H6037]] Ms. LEE of California. I want to thank the gentlelady for yielding. Mr. Speaker, first, let me just say: here we go again, Mr. Speaker. It's really no secret that the Tea Party Republicans came here not really as public servants but to destroy and to decimate our government. We are only hours away from Tea Party extremists achieving their goal of shutting down the government. This is their dream goal. They want to shut down the government and declare victory. Frankly, Mr. Speaker, this is shameful, and it is downright wrong. Their dream of shutdown will create a nightmare for millions. What about the government workforce, who have families to feed and mortgages or rent to pay? What about small businesses that stand to pay the costs of these Tea Party antics? And yes, what about women and children who will lose nutrition assistance? This is downright mean. Make no mistake, the unnecessary GOP shutdown will have serious consequences for millions. And it's entirely unnecessary. It's not enough that the Republicans already voted 45 times to repeal all or parts of the Affordable Care Act. It's not enough that the Affordable Care Act is the law of the land and was upheld by the Supreme Court. Tea Party extremists now want to violate this law in a very sinister way. It's not enough that their shutdown will hurt families and our economy. This Tea Party obsession--and it's an obsession--to kill the government and to deny health care to millions of Americans must end. They need to do their job and keep the government open. As President Obama said this afternoon: You don't get to extract a ransom for doing your job. This hostage-taking must end. We must vote ``no.'' We must keep the government open. I urge all of us to think about those people who will wake up tomorrow morning with their lives in such disarray and the uncertainty that's going to exist. We should not do this. The American people don't deserve this. We need to keep the government open. We're pleading with the Tea Party extremists, Do not shut the government down. Mr. ROGERS of Kentucky. Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Kingston), chairman of the Appropriations Subcommittee for Labor, Health and Human Services. Mr. KINGSTON. I thank the gentleman from Kentucky. Mr. Speaker, I want to say that we are here tonight to keep the government open. I keep hearing that we want to shut the government down. And yet this is actually our third attempt to send something to the U.S. Senate to give them an opportunity to negotiate with us. And why are we here talking about a continuing resolution to begin with? We're here because this year, the House Appropriations Committee, with my colleagues on the other side, has passed five separate appropriations bills. There are 12 in total. Unfortunately, during the time period that we've passed five, the Senate has passed zero. Last year, the House passed seven and the Senate passed one. After a while, you see there's a pattern. The Senate doesn't want to work on regular order. The Senate really does prefer continuing resolutions because then they can pull stunts like the one Harry Reid is doing now. You know, Mr. Speaker, where were they yesterday? Where were they this weekend? The Senate adjourned. Where was the President? He was playing golf. He was so concerned about the government being shut down. Now, what is the issue with ObamaCare? The Speaker at the time, Ms. Pelosi, said we need to pass the bill so we can find out what's in it. {time} 2000 Now, that bill has grown to 7.5 feet in height, and we are reading what's in it. But two things we know that it does not accomplish is it does not decrease the cost of health care, and it does not increase the accessibility. Those were the two major objectives. Those were the selling points. Health care is one-sixth of the economy. Therefore, I think it's the right thing to fight over. This is something that affects every American. We know already that premiums have skyrocketed under ObamaCare and that they will only grow worse. We also know that many major companies and smaller companies are stopping providing insurance to their employees. Accessibility is going down as well. So ObamaCare has been a failure. Why is it that the Democrat Party believes in it so bad? Even when it fails, they can't let go. I don't think it's a bad thing to say, hey, you know what, we were wrong. We tried to decrease the cost of health care, we tried to increase the accessibility, but we did not achieve that. Therefore, maybe Harry Reid should sit down with Speaker Boehner. Maybe the President of the United States can interrupt his negotiations with the Iranians and come and talk to the Americans, i.e., Republican Americans. I think it would be a good thing. Again, Mr. Speaker, this will be our third attempt to work with the Harry Reid Democrats to keep the government open. But I want to say this also to my friends on the other side of the aisle who have said they want to shut down the government. Let me mention, we had 17 shutdowns since 1976. And often one might say, well, that's when you had split government. The SPEAKER pro tempore. The time of the gentleman has expired. Mr. ROGERS of Kentucky. The gentleman is recognized for an additional 1 minute. Mr. KINGSTON. In 1977, the government shut down three separate times--once for 8 days, a second time for 8 days, and another time for 12 days. The Democrats controlled the House, the Democrats controlled the Senate, and there was a Democrat in the White House. Indeed, over the history of the last 25 years, there have been a number of government shutdowns until the Senate, the House, and the White House sat down and negotiated. That's all we're saying tonight is, you know what, we understand we don't control government, but we are willing to negotiate. It is time for cooler heads to prevail in the U.S. Senate. It's time for the U.S. Senate to have some adult leadership and sit down with House leadership and hammer out the differences. That's why we're here right now, while the Senate, I believe, has already gone home. I guess the President is no longer playing golf. But we are ready to negotiate. Mrs. LOWEY. Mr. Speaker, may I inquire as to how much time is remaining. The SPEAKER pro tempore. The gentlewoman from New York has 4 minutes remaining, and the gentleman from Kentucky has 5\1/2\ minutes remaining. Mrs. LOWEY. I am pleased to yield 1 minute to the gentleman from Minnesota (Mr. Ellison). Mr. ELLISON. Mr. Speaker, as 800,000 Federal employees think about what their fate is going to be in a very few hours from now, we are on the House floor as our Republican colleagues say, well, we'll pay for the government if you accede to these three or four demands. It seems like every day they come up with some new demands, but they don't ever arrive at funding the government. The American people know, Mr. Speaker, that there is a Senate bill, a CR, a continuing resolution, which is ready that we can put on the floor now and fund the government and avert the shutdown. My question is, Will our Republican colleagues, will our Speaker do that? There are moments when leadership is at issue, and this is one of them. We need the leadership that will stand here and put the Senate's clean continuing resolution on the floor so that we can avert a government shutdown and make sure that Federal employees can pay their mortgage, can buy groceries, and can have a future. Mr. ROGERS of Kentucky. Mr. Speaker, I yield 1 minute to the gentleman from Ohio (Mr. Boehner), the very distinguished Speaker of the House of Representatives. Mr. BOEHNER. Let me thank my colleague for yielding. The American people don't want a shutdown, and neither do I. I didn't come here to shut down the government. I came here to fight for a smaller, less costly, and more accountable Federal Government. But here we find [[Page H6038]] ourselves in this moment dealing with a law that's causing unknown consequences and unknown damage to the American people and to our economy, and that issue is ObamaCare. For those of you who don't recall, it was passed in the middle of the night, 2,300 pages that no one had ever read, and it's having all types of consequences for the American people, our constituents; having all kinds of consequences for employers. As a result, over the last couple of years, the President has given his friends in the labor unions some 1,100 waivers to this law. This summer, the President decided, well, we're not going to enforce the employer mandate. Big employers around the country are all upset about having to make sure they provided health care for their employees, causing big problems. The result of all this is you've got employers all over the country who can't hire people and who are cutting the hours of their workers. It's having a devastating impact. Something has to be done. So my Republican colleagues and I thought we should defund the law for a year. We thought we should delay it for a year. Our friends over in the Senate don't seem to want to go down that path. But I'm going to tell you what, this is an issue of fairness. How can we give waivers and breaks to all of the big union guys out there, how can we give a break to all of the big businesses out there, and yet stick our constituents with a bill that they don't want and a bill they can't afford? That's what this fight is all about. I talked to the President earlier tonight: I'm not going to negotiate. I'm not going to negotiate. We're not going to do this. Well, I would say to the President, this is not about me and it's not about Republicans here in Congress. It's about fairness for the American people. Why don't we make sure that every American is treated just like we are? But, no, under the law and some decision, there's this idea that we're going to get some exemption. No, we're not going to get an exemption. So the bill before us is very simple. It funds the government, and it says let's treat our constituents fairly. No more mandate for the next year that you have to buy insurance that you can't afford. No more mandate that Members of Congress get some so-called ``exemption.'' Those are the only two issues here. All the Senate has to do is say ``yes'' and the government is funded tomorrow. Let's listen to our constituents, and let's treat them the way we would want to be treated. Mrs. LOWEY. I am pleased to yield 2 minutes to the distinguished gentleman from Maryland (Mr. Hoyer). Mr. HOYER. Mr. Speaker, tonight is about the continuing destructive obsession that our Republican friends have and their refusal to recognize that there was an election just some months ago. You made the argument to the American people, and they rejected that argument and reelected President Obama. You have not gotten over that to this minute; and as a result, you are about to shut down the government. You can get up here and say over and over and over and over again, We don't want to shut down the government; but, Mr. Speaker, their actions belie their words. Mr. Speaker, Democrats--as will surprise no one--are against shutting down this government. It's bad for our people, it's bad for our security, it's bad for our economy, it's bad for jobs. And you all know that. And you don't have the votes because the people elected Democrats as the majority in the Senate and the President of the United States, and they don't agree with you. Newt Gingrich said when that was the case, you had to compromise. What compromise are we talking about? We're taking your number--your number--and you will not take ``yes'' for an answer. How sad. What a shameful day this is in the history of the House of Representatives. A shutdown would be harmful to our economy, our national security, and the creation of jobs, as I just said. That's why we have compromised and said we'll take your number to keep government open while we negotiate over the next 6 weeks. Nobody in your party rationally believed that you were going to succeed in your objective--nobody. It's a political ploy. It's a message, Mr. Speaker, to their most radical contingent. We are willing to take the next 6 weeks to discuss how we get from where we are to where we need to be. The SPEAKER pro tempore. The time of the gentleman has expired. Mrs. LOWEY. I yield the gentleman an additional 1 minute. Mr. HOYER. We could do that, Mr. Speaker, if only Republicans would take ``yes'' for an answer. Their Tea Party faction has made clear where it stands. They don't like the Affordable Care Act--I don't think anybody doubts that--but the Affordable Care Act has been upheld by the Supreme Court and remains the law of our land. Mr. Speaker, the Senate has now voted twice to send us a clean CR. Now it's time for the Speaker and the majority leader to put the Senate's clean compromise CR on this floor and, in their words, let the House work its will. Have the courage, Mr. Speaker, to have the majority party put on this floor a bill which will keep the government open and which the Senate will pass. Mr. Speaker, have the Republican Party have the courage of its rhetoric and let the House work its will. I dare you to do that. Let democracy work. Don't be dictating to America that they're going to shut down the government. Let's vote on it. Put a clean CR on this floor. Mr. ROGERS of Kentucky. Mr. Speaker, may I inquire how many speakers the gentlelady has remaining. The SPEAKER pro tempore. The time of the gentlewoman from New York has expired. Mr. ROGERS of Kentucky. Mr. Speaker, I yield the balance of my time, 1 minute, to the gentleman from Virginia (Mr. Cantor), the very distinguished majority leader of the House. Mr. CANTOR. I thank the gentleman from Kentucky for his leadership in bringing this bill to the floor. It's interesting, my colleague who just spoke, the Democratic whip, talked about democracy and insisting that we bring democracy to the House. Well, I would respond to my friend and tell him that democracy is founded upon the principle that there is equal treatment under the law. So tonight's debate is not about trying to stifle democracy. Tonight's debate is trying to insist that the minority party and its policies, it's trying to stop the administration from carving out special treatment for its special interests. It's about telling this administration and this President that there should be no special treatment for Members of Congress, there should be no special treatment for big business. We all live under the same laws. Mr. Speaker, hardworking Americans around this country want a government that puts people first. Since ObamaCare was passed--in a highly partisan manner--the President himself and other Members of his party have offered unilateral exemptions and delays for special interest groups and for Members of this Congress. So you've got to ask, Why are Members of Congress exempt from the pains of ObamaCare? Why are these special interests exempt from the pains of ObamaCare? Shouldn't we also exempt the hardworking families of this country from the pains of ObamaCare? There should be no special treatment for anyone under the law. That is a founding principle of this country. No special treatment for anyone. Equal application, equal treatment under the law. Delaying the individual mandate for American families and withdrawing the exemption for Members of Congress is what this bill is about, and it is the right thing to do. Now is the time for our President to lead. Now is the time for the Senate to act. Their stubborn refusal to work across the aisle is the reason why Americans today are so frustrated by what they see in Washington. House Republicans have now offered three possible solutions to fund our government and to protect working middle class families from losing a job, from losing their health care, or losing part of their paycheck due to ObamaCare. {time} 2015 Senate Democrats have offered nothing. Yesterday, Mr. Speaker, they didn't even show up for work. No one should shut down the government in order to protect special treatment from Members of this House or [[Page H6039]] the other body. No one should shut down this government in order to protect special treatment for big business and special interests. It is time for all of us to think about America's hardworking middle class families. Now is the time to pass this resolution to keep the government working on behalf of the people who sent us here, and I urge my colleagues in the House to support this continuing resolution. Mr. ROGERS of Kentucky. Mr. Speaker, I yield back the balance of my time. Ms. JACKSON LEE. Mr. Speaker, I rise to speak on the Continuing Resolution to fund the Federal. The Senate sent over a Continuing Resolution that would fund the government and included an agreement that the men and women of the armed services should receive their pay. Unfortunately, the House Rules Committee, which must review and establish a rule for all bills brought before the House has once again changed the Senate bill to require a 1 year delay in the personal mandate for the Affordable Care Act, but added another change that would remove a subsidy for members of Congress and their staff. What they fail to say is that Congress and Congressional staff are the only group in the nation that is required by the law to only get its healthcare through the Affordable Care Act Health Exchange Marketplace. Ecclesiastics says that ``To everything there is a season, and a time to every purpose under the heaven: There is a purpose or reason for everything that happens, be it called good or be it called bad, by whomever perceives it as such. No matter, there is a time and place for everything.'' The men and women of this Congress know that the time and season for making decisions regarding the budget of our Nation ends at midnight tonight--Monday, September 30, 2013. The season for making decisions about funding the government began in January of this year, stretched on through the Spring, and was with us during the Summer now the end is upon us. The majority of this body has not been able to organize themselves to do--or consider anything during the season for budget drafting and appropriations' legislation except to attempt to end the Affordable Care Act. The members of the United States House of Representatives know the rules for the legislative budgetary process very well, but for the benefit of the millions of people who are watching this debate or listening to it--you might find it helpful to understand why there is so much dissention. I would like to give you a brief outline of the work we are supposed to do on your behalf regarding funding the government: The Congress is to: Pass a budget that is agreed to by both the House and the Senate; Pass 12 appropriations bills that do not exceed the agreed upon budget to fund the entire Federal Government for the next fiscal year; Complete the appropriations bills with both the House and the Senate agreeing to the language of each before and agreed to by both the House and the Senate and sent to the President's desk for signature; and rarely use Continuing Resolutions when Congress fails to complete all 12 bills before the fiscal year ends to ensure that the business of the Federal Government continues uninterrupted. For most Americans this may mean very little because it is a Congressional administrative function that often used to help fund a few appropriations measures that may not be completed before the end of calendar year, which is midnight, Monday, September 30, 2013. This year the use of the Continuing Resolution is different because we have not completed work on a budget bill nor have we completed work on any appropriations bill--not even the Defense Department's Appropriations legislation. The House and the Senate have found agreement that a Continuing Resolution for the next Fiscal Year that will begin at 12:01 Tuesday, October 1, 2013 should provide that the Armed Forces who risk their lives to protect our freedoms deserve the support and resources needed to perform their duties, and that includes being paid in full and on time so they can provide for their families and loved ones. Mr. Speaker, it would not be necessary to have to devote the considerable amount of time needed to debate and pass this legislation in the House and Senate and present it to the President if the House would simply pass the clean continuing resolution passed yesterday by the Senate. The CR approved by the Senate funds the government and avoids a shutdown. President Obama has stated that he will sign it into law. The clean CR passed by the Senate ensures that all the employees of the federal government are paid for the valuable and important service they provide to our nation. Mr. Speaker, instead of exempting certain groups and persons from the harm caused by a government shutdown, we should instead be focused on avoiding a shutdown, which helps no one and hurts our economy. Those of who were serving in this body 17 years ago remember the harm caused when the Republicans shut down the government on two different occasions, which directly cost taxpayers $1.4 billion. That is $2.1 billion in today's dollars. The last time Republicans engineered a shut down of the government: 368 national park sites were closed. 200,000 applications for passports went unprocessed. $3.7 billion of $18 billion in local contracts went unpaid. My state of Texas would be hit very hard and suffer unnecessarily if a government shut down is not prevented. Within days Texas would begin experiencing the impact of cutbacks in the $64.7 billion in federal spending that it receives annually, including the loss of: $518 million in federal highway funds, $411 million for interstate highway maintenance, $130 million in home energy assistance for the poor, $71 million in Homeland Security grants, $55 million in coordinated border infrastructure and $97 million in federal adoption assistance. As a senior member of the Homeland Security Committee, I am particularly concerned over the impact of a government shutdown on operations and activities that protect and secure the homeland Impacts of shutdown in Texas on homeland security. For example, a shutdown would adversely affect the following: Law Enforcement and Other Training: Law enforcement training would cease, including those conducted through the Federal Law Enforcement Training Center and the Secret Service's J. Rowley Training Center. This would impact CBP, ICE, Secret Service, the Federal Air Marshal Service, and would delay their ability to bring new hires into operational service. TSA would also not be able to conduct training for screeners, Behavior Detection Officers or canine units. Frontline Personnel Hardships: The majority of the workforces in Custom and Border Protection's (CBP) Border Patrol, Immigration and Customs Enforcement, (ICE) enforcement efforts, Transportation Security Administration (TSA) aviation passenger screening, and the Coast Guard, who are heavily reliant upon receiving biweekly paychecks, would not be paid biweekly during a federal funding hiatus Grant Programs for State and Local Preparedness: All DHS and Federal Emergency Management Agency (FEMA) personnel working on grants programs would be furloughed, ceasing any further activity intended to help build state and local resiliency. Should a federal funding hiatus be prolonged, state and local communities may have to eliminate jobs that are dependent upon grants funding. Further activity under the Securing the Cities program would be suspended. In addition, a government shutdown will hurt children, seniors, working families, and the economically vulnerable: Military Readiness: In Texas, approximately 52,000 civilian Department of Defense employees would be furloughed, reducing gross pay by around $274.8 million in total. Law Enforcement and Public Safety Funds for Crime Prevention and Prosecution: Funding will be halted to Texas on an annualized portion of the $1,103,000 in Justice Assistance Grants that support law enforcement, prosecution and courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, and crime victim and witness initiatives. Vaccines for Children: In Texas around 9,730 fewer children will not receive vaccines for diseases such as measles, mumps, rubella, tetanus, whooping cough, influenza, and Hepatitis B due to reduced funding for personnel who administer programs that provide funding for vaccinations. Nutrition Assistance for Seniors: Texas would lose approximately $3,557,000 in funds that make it possible to provide meals for seniors. For these reasons, we should be working to pass H.J. Res. 59 as amended by the Senate. That is the best way to keep faith with all persons who serve the American people as employees of the Federal Government, and those who depend upon the services they provide. Mr. McCAUL. Mr. Speaker, I rise in strong support of the Continuing Resolution to delay the individual mandate for a year and undue the ObamaCare exemption for Members of Congress. This is about fairness to the American people, who are sick and tired of the hypocrisy of the political class. We are a nation of laws and when the ruling elite are given a free pass while millions of our constituents are forced into a new health care [[Page H6040]] regime that drives up premiums, erodes the quality of care and puts the government between them and their doctors, we lose the trust of the American people. As Teddy Roosevelt once said, ``No man is above the law and no man is below it.'' Yet, through administrative ruling the Obama Administration has exempted Members of Congress and their staff from the very health care law that bears the President's name. Meanwhile, the President, Vice President and their political employees are not even required to be part of the new health exchanges. If this law is so great, Mr. President, then why won't you and your political appointees be subject to it? The answer is simple: ObamaCare is not working and the doctor doesn't want a taste of his own medicine. Karen, from Cypress, Texas in my district wrote to me this week that ``as a benefits department employee of an independent oil and gas exploration and production company, I have major issues with ObamaCare. I abhor the waste of my department's time and expense in documenting our policies just to show Congress that we already comply with the mandates, despite the lack of guidance we get. Seems to me Congress is punishing employers who offer good coverage. How is this going to help anyone? And don't even get me started on the administration exempting themselves all from it. That rankles more than almost anything else.'' Another one of my constituents, an insurance agent who also happens to be the Mayor of Tomball, Texas, called my office this week and told me that her clients--which include businesses in and around my district--have no idea what is required of them under the law. The Obama Administration has given thousands of waivers to businesses, delayed implementation of dozens of provisions of the law and no one know what to expect next. What we do know if that ObamaCare is not ready for prime time. We must give our constituents the certainty of a full year delay of the individual mandate. Anything short will only result in more chaos and confusion, not to mention skyrocketing premiums, billions in new taxes and the erosion of the doctor-patient relationship. Most importantly, elected officials must be treated the same as the people they represent. No exemption for Members of Congress! The SPEAKER pro tempore. All time for debate has expired. Pursuant to House Resolution 367, the previous question is ordered. The question is on the motion. The question was taken; and the Speaker pro tempore announced that the ayes appeared to have it. Recorded Vote Mrs. LOWEY. Mr. Speaker, I demand a recorded vote. A recorded vote was ordered. The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15- minute vote on adoption of the motion will be followed by a 5-minute vote on approval of the Journal, if ordered. The vote was taken by electronic device, and there were--ayes 228, noes 201, not voting 3, as follows: [Roll No. 504] AYES--228 Aderholt Amash Amodei Bachus Barber Barletta Barr Barrow (GA) Benishek Bentivolio Bilirakis Bishop (UT) Black Blackburn Boehner Boustany Brady (TX) Bridenstine Brooks (AL) Brooks (IN) Buchanan Bucshon Burgess Calvert Camp Campbell Cantor Capito Carter Cassidy Chabot Chaffetz Coble Coffman Cole Collins (GA) Collins (NY) Conaway Cook Cotton Cramer Crawford Crenshaw Culberson Daines Davis, Rodney Denham DeSantis DesJarlais Duffy Duncan (SC) Duncan (TN) Ellmers Farenthold Fincher Fitzpatrick Fleischmann Fleming Flores Forbes Fortenberry Foxx Franks (AZ) Frelinghuysen Gardner Garrett Gerlach Gibbs Gibson Goodlatte Gosar Gowdy Graves (GA) Graves (MO) Griffin (AR) Griffith (VA) Grimm Guthrie Hall Hanna Harper Harris Hartzler Hastings (WA) Heck (NV) Hensarling Herrera Beutler Holding Horsford Hudson Huelskamp Huizenga (MI) Hultgren Hunter Hurt Issa Jenkins Johnson (OH) Johnson, Sam Jones Jordan Joyce Kelly (PA) Kingston Kinzinger (IL) Kline Labrador LaMalfa Lamborn Lance Lankford Latham Latta LoBiondo Long Lucas Luetkemeyer Lummis Maffei Maloney, Sean Marchant Marino Matheson McCarthy (CA) McCaul McClintock McHenry McIntyre McKeon McKinley McMorris Rodgers Meadows Meehan Messer Mica Miller (FL) Miller (MI) Miller, Gary Mullin Mulvaney Murphy (PA) Neugebauer Noem Nugent Nunes Nunnelee Olson Palazzo Paulsen Pearce Perry Petri Pittenger Pitts Poe (TX) Pompeo Posey Price (GA) Radel Reed Reichert Renacci Ribble Rice (SC) Rigell Roby Roe (TN) Rogers (KY) Rogers (MI) Rohrabacher Rokita Rooney Ros-Lehtinen Roskam Ross Rothfus Royce Ruiz Runyan Ryan (WI) Salmon Sanford Scalise Schock Schweikert Scott, Austin Sensenbrenner Sessions Shimkus Shuster Simpson Sinema Smith (MO) Smith (NE) Smith (NJ) Smith (TX) Southerland Stewart Stivers Stutzman Terry Thompson (PA) Thornberry Tiberi Tipton Turner Upton Valadao Wagner Walberg Walden Walorski Weber (TX) Webster (FL) Wenstrup Westmoreland Whitfield Williams Wilson (SC) Wittman Wolf Womack Woodall Yoder Yoho Young (AK) Young (FL) Young (IN) NOES--201 Andrews Bachmann Barton Bass Beatty Becerra Bera (CA) Bishop (GA) Bishop (NY) Blumenauer Bonamici Brady (PA) Braley (IA) Broun (GA) Brown (FL) Brownley (CA) Bustos Butterfield Capps Capuano Cardenas Carney Carson (IN) Cartwright Castor (FL) Castro (TX) Chu Cicilline Clarke Clay Cleaver Clyburn Cohen Connolly Conyers Cooper Costa Courtney Crowley Cuellar Cummings Davis (CA) Davis, Danny DeFazio DeGette Delaney DeLauro DelBene Dent Deutch Diaz-Balart Dingell Doggett Doyle Duckworth Edwards Ellison Engel Enyart Eshoo Esty Farr Fattah Foster Frankel (FL) Fudge Gabbard Gallego Garamendi Garcia Gingrey (GA) Gohmert Granger Grayson Green, Al Green, Gene Grijalva Gutierrez Hahn Hanabusa Hastings (FL) Heck (WA) Higgins Himes Hinojosa Holt Honda Hoyer Huffman Israel Jackson Lee Jeffries Johnson (GA) Johnson, E. B. Kaptur Keating Kelly (IL) Kennedy Kildee Kilmer Kind King (IA) King (NY) Kirkpatrick Kuster Langevin Larsen (WA) Larson (CT) Lee (CA) Levin Lewis Lipinski Loebsack Lofgren Lowenthal Lowey Lujan Grisham (NM) Lujan, Ben Ray (NM) Lynch Maloney, Carolyn Massie Matsui McCollum McDermott McGovern McNerney Meeks Meng Michaud Miller, George Moore Moran Murphy (FL) Nadler Napolitano Neal Negrete McLeod Nolan O'Rourke Owens Pallone Pascrell Pastor (AZ) Payne Pelosi Perlmutter Peters (CA) Peters (MI) Peterson Pingree (ME) Pocan Polis Price (NC) Quigley Rahall Rangel Richmond Rogers (AL) Roybal-Allard Ruppersberger Ryan (OH) Sanchez, Linda T. Sanchez, Loretta Sarbanes Schakowsky Schiff Schneider Schrader Schwartz Scott (VA) Scott, David Serrano Sewell (AL) Shea-Porter Sherman Sires Slaughter Smith (WA) Speier Swalwell (CA) Takano Thompson (CA) Thompson (MS) Tierney Titus Tonko Tsongas Van Hollen Vargas Veasey Vela Velazquez Visclosky Walz Wasserman Schultz Waters Watt Waxman Welch Wilson (FL) Yarmuth NOT VOTING--3 McCarthy (NY) Rush Stockman {time} 2040 Mr. CRAWFORD changed his vote from ``no'' to ``aye.'' So the motion was agreed to. The result of the vote was announced as above recorded. A motion to reconsider was laid on the table. ____________________