[Congressional Record Volume 159, Number 134 (Wednesday, October 2, 2013)]
[Senate]
[Pages S7121-S7134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       CONTINUING APPROPRIATIONS

  Ms. MIKULSKI. Madam President, I wish to speak as if in morning 
business and consume as much time as is necessary.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MIKULSKI. Wow, I think we are growing weary. I think we are 
growing weary of the gridlock, deadlock, and hammer lock on our 
government. I think we are growing weary of the partisan posturing by 
one faction in one party in one House. The American people want us to 
reopen government so that the government can meet the national security 
needs of the United States, protect the safety of the people of the 
United States, meet compelling human needs, and do what we can to 
create jobs today, such as physical infrastructure, and to lay the 
groundwork for jobs tomorrow by investing in research and development.
  The American people want a government that works as hard as they do, 
and so do I. Instead of working hard to serve our veterans or our 
elderly or promoting a growing economy, we are dealing with the 
shutdown of the government.
  The House is sending us bills which on first blush seem attractive. I 
mean, who doesn't support our National Guard? Who doesn't want to fund 
NIH? I certainly do. NIH is located in my State. I am so proud of the 
men and women who work there. Funding also goes to great State 
universities doing research, such as the University of Wisconsin. They 
are out there doing it. We cannot cherry-pick. What they are doing now 
is a public relations ploy.
  The House wants to send us cherry-picked solutions to the shutdown 
problem. It is contrived, and it is cynical. What I am asking the House 
of Representatives to do is take up the Senate bill we sent them that 
is a clean continued funding resolution. What does clean mean? It means 
it is stripped of politically motivated ideological riders.
  The second thing is it would fund the government for 6 weeks. In that 
6 weeks, it would give us the chance to work out what our funding 
should be for the rest of the year. I would hope we could find a way to 
cancel the sequester, which is to reduce public debt without reducing 
jobs or opportunity, and get us through the debt ceiling. Please--that 
bill is pending in the House now, and I ask that they do that instead 
of sending us these piecemeal solutions.
  I remind my colleagues that the continuing funding resolution passed 
the Senate last Friday. It reopens the government, and it gives us the 
opportunity to renegotiate. I am willing to negotiate, but we can't 
capitulate to these partisan demands to defund ObamaCare and do other 
kinds of riders that work against us. To move forward, we need to pass 
the Senate continuing resolution.
  I understand that later today the President is meeting with Speaker 
Boehner, Nancy Pelosi, Majority Leader Reid, and Senator McConnell. I 
hope that wiser heads will now prevail so we can get a path forward to 
reopen all of government, not just cherry-picked items--many of which 
are absolutely desirable--and open the entire Federal Government.
  I know that the House wants to send something over to reopen NIH. Of 
course. That's what I just said. But what about the Centers for Disease 
Control? So we open NIH, but we don't open the Centers for Disease 
Control. It is an agency that is located in Atlanta, but it is part of 
our public health triad, which is the work at NIH, the work of the Food 
and Drug Administration, which stands sentry over the safety of our 
food supply and the safety and efficacy of our drugs and medical 
devices, and then there is the Centers for Disease Control, which is 
down in Atlanta.
  Right this very minute in Atlanta, GA, at the Centers for Disease 
Control, close to 9,000 people have been furloughed. Furlough is just a 
nice word that means layoff. It also means that it not only affects the 
labs in Atlanta, but it also affects labs in Colorado, Ohio, 
Pennsylvania, and West Virginia.
  The work of the CDC is also nationwide because they are our 
biosurveillance system on infectious diseases. That means that State 
health departments--all 50 States and the territories--depend on the 
Centers for Disease Control to track and give them information on what 
the trends are related to infectious diseases. They are the ones who 
alert clinicians and pediatricians if there is a new kind of ear 
infection that could infect children. But because of the government 
shutdown, there is no one there who can do this.
  Earlier this year--to give an example--Hepatitis A sickened 162 
people in 10 States. The CDC linked the outbreak to pomegranate seeds 
coming in from a foreign country in a frozen berry mix. We were able to 
go right to the private sector. They complied with us right away, and 
we were able to get that off the market and contain this so it wouldn't 
spread to other people. They worked with the private sector in order to 
protect the American people.
  Don't we want to reopen CDC? I could go over disease after disease 
and infection after infection which will not monitored. Let's take the 
common one, flu. We have all had the sniffles, but the sniffles can 
also kill people. On average more 200,000 Americans will be 
hospitalized because of flu and 3,000 Americans die from flu. Vaccines 
can prevent the flu.
  The CDC, the Centers for Disease Control, were out there making sure 
there was enough vaccine available, that it was being distributed 
fairly and equitably in the United States, but also watching the 
infection trends because if a trend was heading to one State or one 
locale, the public health people could work together in order to 
accelerate or expand our flu vaccine. This is what they do.
  Did you also know that there are disease detectives? Many people 
don't know that there are disease detectives. So what does Senator Barb 
mean when she says this?
  Sometimes there is an outbreak and people get sick. People even die. 
They wonder what it is. They dial 911, and there is a group of people 
who are like a disease identification SWAT team. They work with the 
best and brightest at that State level, use the best technology in 
science from our country, and even around the world, to identify what 
that is. That is how we found out about Legionnaires' disease, and the 
Hantavirus disease which affected Indian reservations. That is how we

[[Page S7122]]

jumped in on the pomegranate seed situation. They get right in there. 
But you know what. Those people were furloughed. What is this?

  Do I want to reopen NIH? I absolutely do, but I am going to talk 
about the Centers for Disease Control. I could also talk about other 
Federal employees and what shutting down means. It obviously isn't just 
public health.
  I believe in Social Security. I really do. It has meant so much to so 
many people. It is one of the great earned benefits in our country. I 
want to make sure there is no false alarm here: Social Security checks 
will go out. However, as of this week, the people who work at Social 
Security, those who oversee eligibility benefits for the elderly and 
disability benefits for those who are unable to work, have been 
furloughed. Over the entire United States of America, Social Security 
has furloughed--there are 18,000 people who work in Social Security 
offices in local communities that were furloughed.
  Social Security is everywhere. They provide access for the American 
people to apply for their Social Security, to apply for disability 
benefits, and also to apply for their Medicare--18,000 people. Social 
Security is headquartered in Maryland. This isn't because it is in 
Maryland. I know these workers. I know the exams they take to qualify 
to work for Social Security--whether it is a claims representative or 
an actuary predicting the trends. Those 18,000 people were proud to 
work for Social Security and make sure that one of the greatest social 
insurance programs ever was administered efficiently, effectively, and 
that the people who were eligible got what they earned.
  Did you know that the overhead for running Social Security is less 
than 2 percent? It is lower than any private insurance company in 
America. Gosh. So they do it well and they do it smartly. They have 
been stretched because of sequester, but they are there. Right now, 
because of what we have been doing, we are only going to further delay 
these other benefits. So I want to open the doors of Social Security. 
When people apply, they want to be sure help is there. When people 
dial, they want people to be there.

  That is all, by the way, coming back to NIH and what they want to 
send over from the House. It is in the Labor-HHS appropriations. That 
is under my very able subcommittee chairman, Senator Tom Harkin.
  Senator Harkin has worked very hard on his bill to make sure we meet 
the needs but we do it in a way that is cost-efficient. Did my 
colleagues know that because of parliamentary obstructionism, Senator 
Harkin has not been able to bring his bill to the floor since 2007--
2007, year after year, hearing after hearing. When he wanted to bring 
up the funding for the Department of HHS, which these agencies are in--
Education, as well as the Department of Labor, which has things such as 
mining safety in it--he could not even bring it to the floor because 
they would not let him or it would be filibustered.
  While everybody over there is strutting around saying we are going to 
fund NIH, after we shamed them into it yesterday, what they don't tell 
us is they can't move the Labor-HHS bill in the House. Do we know why? 
Because they fund it at $122 billion. Do we know what level that is? 
That is the 2003 level. It is not even the 2012 level or the 2010 
level. They want to fund it back to George Bush and right around the 
funding level of 2003. They want to take us back a decade. They want to 
take us back to the Dark Ages. Well, not in the Senate.
  Senator Harkin wanted to come to the floor with funding at $164 
billion, a slight increase from last year. There is a 42-percent 
difference between the House and the Senate Labor-HHS bill: $164 
billion to $122 billion.
  I want Senator Harkin to be able to bring his bill to the floor and 
debate it. Do we want an NIH? Let's fund it. Do we want a Centers for 
Disease Control, which is in the State of Georgia, with two excellent 
Senators from Georgia. Then fund it. Let's debate. Let's discuss. Let's 
amend. Senator Harkin cannot even get it to the floor. Over in the 
House, they can't move it either because the funding for Health and 
Human Services, Education, and the Department of Labor is at the 2003 
level. So while they want to send us an individual bill for an 
individual agency--for HHS and so on--as desirable as it is, I want to 
reopen government. That is what the Senate bill is. I want to reopen 
negotiations. I would like to return to a regular order, where using 
the parliamentary tools, tactics, and even tricks cannot delay bringing 
a bill to the floor. Since 2007, Senator Harkin has not been able to 
bring a bill to the floor for an open debate, unfettered by filibuster, 
to be able to discuss this.
  So this is what this is all about. This isn't about numbers. This is 
about meeting compelling human needs. In the Labor-HHS subcommittee, we 
fund NIH, the Centers for Disease Control, the Social Security 
Administration, mining safety, Department of Education. This is what we 
should be working on. We should be working on education, money for the 
disabled, et cetera.
  So I come to the floor again as the chair of the Appropriations 
Committee. I am proud of the work my subcommittee chairmen have done in 
getting bills ready to come to the floor for debate by following 
regular order. I so appreciate the cooperation we have received from 
the other side of the aisle in our committee. There has been a great 
sense of cooperation. We have had disputes and disagreements on funding 
levels and even matters of policy, but I had an open amendment process. 
Everybody had their say. Everybody had their day. We moved the bills 
forward. That is called regular order. That is called democracy. 
Everybody has their day and everybody has their say. But let's move the 
bill.
  So let's reopen government. Let's have a true negotiation. I hope 
that out of the 5:30 meeting will come a path forward. But we have one 
now: Pass the Senate resolution in the House, come back, and let's let 
the work of the Senate and the U.S. Government get going again.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Heinrich). The Senator from Wyoming.
  Mr. ENZI. Mr. President, I wish to thank the chairman of the 
Appropriations Committee for her comments and all of the effort she has 
made and the bipartisan cooperation there has been to get bills to the 
floor. But we are in kind of a pickle right now. We are talking about a 
continuing resolution. A continuing resolution means we didn't get our 
work done. If we had the appropriations bills passed through this body, 
we wouldn't need a continuing resolution. Every agency would understand 
what it can spend for the whole next year. Instead, we are quibbling 
over how long a continuing resolution we ought to have and what ought 
to be in it.
  We haven't done total appropriations by the October 1 deadline for I 
am not even sure how many years. That would be the answer to what we 
are going through right now. If we got to debate each of those bills in 
a timely fashion, with an open amendment process--I appreciate there 
has been an open amendment process in the committee. I am always 
disturbed that we haven't had much of an open amendment process around 
here on the floor. Every time a bill comes to the floor--almost every 
time a bill comes to the floor--there are negotiations about how many 
amendments each side can have. I have seen those negotiations go on for 
2 weeks. Do you know how many amendments we could vote on in 2 weeks? I 
think we could probably vote on 50, maybe 100 in 2 weeks. Instead, we 
don't vote on amendments, which gives everyone the impression, of 
course, that there isn't an open amendment process.
  The longer the stopper is kept in the bottle, the more anger there is 
around here. I would say there is anger on both sides because both 
sides have amendments they would like to bring up.
  We have to quit dealmaking and start legislating around here. This is 
the way this process was designed. They had legislation in the 
committee, but we need to have the ability to legislate on the floor--
not allocating something to a few people on both sides of the aisle and 
both ends of the building to come back with some kind of a proposal by 
some kind of a fiscal falloff date, and that fiscal falloff date, of 
course, happens to be in statute that the year begins on October 1. 
That was yesterday. That is when every agency is supposed to know 
exactly how much they can spend.
  How has that been affecting us? There was a sequester. The 
interesting thing about the sequester is it was 2.3 percent of the 
amount of money an

[[Page S7123]]

agency, program, department was to get. What did it actually turned out 
to be? It turned out to be 5.3 percent. Why did it turn out to be 5.3 
percent? We were already eight-twelfths of the way through the year 
before they found out that there was going to be a sequester, that they 
found out for sure that there was going to be a limitation on their 
spending. They had already spent one-twelfth of what they spent the 
year before, each month, during that 8-month period and then found out 
that for the whole year's worth of revenue that they got--eight-
twelfths of what they already spent--they have to take a 2.3-percent 
cut. That makes it a 5.3 cut. That makes it much more difficult.
  Actually, CBO scored my penny plan--that is where we just do a 1-
percent reduction in every dollar the U.S. Government spends, with 
flexibility--and if we add that to the sequester, which would bring it 
to 3.3 percent, they say the budget would balance in 2 years--2 years 
we could balance the budget. It hasn't happened for over a decade. It 
only happened four times, I think, in the last 50 years. But we could 
do it, and I am pretty sure the people would say if we had our 
appropriations done timely so the agencies knew what they were doing on 
October 1 and then had a sequester plus 1 percent, I think they could 
live with it. I think they could make effective cuts, if they wanted 
to.
  One of our problems around here is that government doesn't usually 
like to make effective cuts. Government likes to make it hurt. When it 
hurts, people come back and are very upset at what has been taken away 
from them. But we have a lot of redundancy in government. We have a lot 
of waste. We have a lot of programs that are happening in a whole bunch 
of different agencies, none of which are effective, but we are still 
doing it everywhere. We could get rid of all that duplication or at 
least half of it. Half of it is all that could be totally effective and 
give them a little bit of a bonus for doing it. But we are now at a 
point where we are going to make it hurt.
  There were World War II veterans in town yesterday. They were flown 
in here so they could see their memorial, a tribute to their tremendous 
efforts. What did they find? They found barricades. I have been to the 
World War II Memorial a lot of times. There haven't been any barricades 
there. I also didn't see another person there if I was there late at 
night. So what was the purpose of the barricades? We have the national 
parks. Did the national parks get shut down?
  Here is the extreme this is being carried to: Over in Teton National 
Park they even have barricades at the turnouts. Turnouts can be used to 
fix a flat tire or get a rest if one is tired of driving. They can also 
be used to take pictures of gorgeous scenery such as the Tetons. That 
is what the turnouts are primarily designed for. But how much does it 
cost us if somebody pulls off and takes a picture of mountains? How 
much could that cost us? How much does it save us by putting up 
barricades so they can't pull off the road? How much did it cost us to 
put barricades out there so they can't pull off the road and take 
pictures of the Tetons?
  Throughout government, we are trying to make it hurt. We are trying 
to emphasize to people that we did so poorly they need to suffer, and 
if they suffer enough, they will get hold of us and make us reverse 
what we have done. We should have been busy last April working on 
appropriations and working through that process.
  The President is about to leave on a trip. I am not planning on 
leaving until everything has been cleared up here, and I would suggest 
that he not do that either.
  I got an interesting letter from one of my constituents that says: 
How does the private sector see the Federal Government? The private 
sector sees the Federal Government as a wagon being pulled by the 
private sector, and the wagon is filled with people who work for the 
Federal Government, and there aren't enough people pulling the wagon 
and too many people riding in the wagon. He makes quite a point. He 
does admit that the people riding in the wagon pay taxes too, but he 
also points out that those taxes came from the private sector to pay 
the wages from which the taxes are taken. So, yes, there are people 
riding in the wagon, even though they are working as well, but he is 
pointing out how the private sector has this extra load and now they 
are getting a little bit more of a load. He makes the point that we 
need more people in the private sector and said that maybe the private 
sector ought to shut down.

  What would happen if the private sector shut down? What would happen 
if trucks did not haul any more goods across this country? What happens 
if the filling stations do not open? What happens with the myriad of 
things, groceries, the things we count on every day that come from the 
private sector? He just wanted me to know he is tired of pulling the 
wagon with so many people in the wagon.
  We have a chance to reduce the load in the wagon, and we ought to 
take advantage of that, but we are not. We need to take advantage of 
that in a timely manner, and we need to get this wrapped up and get the 
government under way so people are not suffering in the ``make it hurt 
atmosphere'' we have right now. There is another way to do it. There is 
a better way to do it. We should have done it. We should have been 
doing it much earlier.
  I yield the floor.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Mr. President, I have great affection for my friend from 
Wyoming. He is a fine man. I enjoy working with him. I am not going to 
nitpick what he said, but I am going to direct my attention to one 
thing he said: Why didn't we do our appropriations bills? Mr. 
President, please, I would not expect that coming from him. We have 
tried. We were filibustered. We tried one here. Remember Transportation 
appropriations? We got one Republican vote. Susan Collins. They killed 
that. So do not come and lecture us on why didn't we do the bills last 
April.
  I have often said I sympathize with John Boehner, and I do. He has a 
very difficult job. Even when the Speaker would prefer to be 
reasonable, when he would prefer to be the Speaker of the House of 
Representatives--the whole House, Democrats and Republicans, because 
that is what he is--instead of just Speaker of the Republicans in the 
House of Representatives and sometimes appearing to be the Speaker for 
a minority within his majority--he seems to be kowtowing to everything 
they ask. This is the tea party. These voices in his caucus push him 
further and further to the right and over the cliff.
  It can be difficult to balance the responsibilities of remaining true 
to one's party's core beliefs and doing the right thing for the 
government as a whole.
  I would like to give a personal example. I try not to do that often, 
but I will give one today.
  The Presiding Officer was not here during the Iraq war. I did not 
just oppose it, I thought it was bad for our country. I will give you 
some reasons why I did not like it at all. I hated it as much as I am 
sure John Boehner dislikes the Affordable Care Act. But even though I 
voted for the 2002 authorization to confront Saddam Hussein, I quickly 
was appalled at how that authority was used, and the information that 
got me to vote for it was absolutely false. There were no clear 
objectives, not a coherent strategy. No one even knew in the 
administration the difference between Shias and Sunnis. There was no 
international support for that.
  I spent many, for lack of a better description, gut-wrenching nights 
and some days trying to figure out what I should do. I was disgusted 
and mad at President Bush and Republicans in Congress that even one 
more American would be killed or maimed. I was so angry that I said 
things I wish I had not. They are in the history books. They are there. 
Some of my friends on the other side of the aisle, especially John 
McCain, as he can do, told me how wrong I was in opposing the war.
  I thought I would be willing to do anything to stop that war, but I 
faced a choice in 2007. The Commander in Chief, President George Bush, 
requested $93 billion for additional government funding to continue the 
war. Without that, no more war.
  Congress sent President Bush a supplemental appropriations bill that 
ended his blank check in Iraq. He vetoed that bill. At this point, I 
could have taken the very same steps Speaker Boehner has taken this 
week. I

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could have blocked funding for the Federal Government in order to block 
funding for that war. I faced immense pressure from the left--
moveon.org. Oh, I got thousands and thousands and thousands of e-mails 
and letters from that organization, from my own base, to do just that.
  It was a very difficult choice for me. I could put my own opposition 
to that senseless war and my fellow Democrats' opposition to the war 
before everything else. But as the leader of the Senate, I had an 
obligation to ensure the smooth operation of the Federal Government. I 
could not do both. I tried to figure out a way to do both. I could not 
figure out a way because there was no way. I could not do both.
  It is a decision I took extremely seriously, as I know anyone else 
would. In the end, I actually defied the strident voices on the left 
urging me to stay true to my personal belief that the war in Iraq was 
an unjust war and that I should end that war at any cost, but I felt I 
had other responsibilities; one was to make sure our government was 
funded, that we did not lose face in front of the international 
community and resort to that kind of extremist legislative tactic. So 
we funded the government. We funded the war I did not like. My choice 
made a lot of Democrats very unhappy. It made people on my own staff 
upset with me, their boss. But looking back on that decision, I came to 
the right decision, in my own mind.
  Today, the country finds itself perhaps in a similar situation. 
Republicans in Congress, for reasons we have discussed on the floor, 
are obsessed with ObamaCare. They do not like it. I have no reason to 
doubt their sincerity. I doubt their logic, but I do not doubt their 
sincerity when they say they believe the Affordable Care Act is 
damaging our country. They are wrong. They are wrong now, and time will 
show how truly wrong they are because millions of Americans, right now 
today, are already benefiting from this law, and millions more will 
benefit in the years to come. So when these history books are written 
that people will read, ObamaCare will be seen as one of the greatest 
single steps to help America. It is in the same league as Social 
Security and Medicare and it will provide quality affordable health 
care for America--all Americans. I understand why my Republican 
colleagues disagree with what I just said.
  Unfortunately, though, when Speaker Boehner was faced with the same 
choice I was faced with in 2007, he made a very different decision. He 
put his own opposition to ObamaCare and his fellow Republicans' 
opposition to ObamaCare above all else, even above ensuring the 
strength of our economy and the smooth operation of this government we 
love. History will prove that to be shortsighted and wrong. But 
regardless of right or wrong, our responsibility as leaders is to find 
a path forward to reopen the government and protect our economy.
  So earlier today, at a quarter to 11 or thereabouts--no, it was a 
quarter to 12 this morning--I offered John Boehner, the Speaker of the 
House of Representatives, a reasonable compromise that respects both of 
our priorities.
  Before the House is a Senate-passed legislative tool to reopen the 
government. The measure funds the government at the level chosen by not 
us but the House leaders, a level much lower than I would have chosen 
or Senator Murray would have chosen or the chairman of our 
Appropriations Committee Senator Mikulski would have chosen.
  I propose that the Speaker allow this joint resolution to come for a 
vote before the full House of Representatives. Every Democrat will vote 
for that over there, and according to news reports, more than 100 House 
Republicans are prepared to vote for it as well.

  In short, what it says is: Reopen the government. Then I, on behalf 
of the Democratic caucus, commit to name conferees to a budget 
conference, as the Speaker has requested. This conference can engage on 
the important fiscal issues facing our Nation. The Speaker has often 
cited these fiscal issues as the most important challenge to our 
generation.
  A conference will be an appropriate place to have these discussions. 
In a letter that I wrote to the Speaker, we did not limit what we would 
talk about in the conference. In fact, I will read parts of this 
letter:

       Now we find ourselves at loggerheads.

  I say in the letter to John Boehner:

       There needs to be a path forward to reopen our Government 
     and protect our economy. This is a communication to you 
     offering a sensible, reasonable compromise.
       Before the House you have the Senate-passed measure to 
     reopen the Government, funded at the level that the House 
     chose in its own legislation. I propose that you allow this 
     joint resolution to pass, reopening the Government. And I 
     commit to name conferees to a budget conference, as soon as 
     the Government reopens. That conference can discuss the 
     important fiscal issues facing our Nation. You and your 
     Colleagues have repeatedly cited these fiscal issues as the 
     things on which we need to work. This conference would be an 
     appropriate place to have those discussions, where 
     participants could raise whatever proposals--such as tax 
     reform, health care, agriculture, and certainly discretionary 
     spending like veterans, National Parks, and NIH--they felt 
     appropriate.

  That is pretty direct and to the point. These conferees could do 
whatever they wanted without the threat of a government shutdown and 
ensuing economic collapse hanging over their heads.
  Together, we can end this government shutdown and work to address the 
important issues facing our Nation. Together, we can work to put our 
nation on sound fiscal footing by engaging in a responsible, long-term 
budget process--not 5 weeks like the CR that is now before us.
  This morning on the Senate floor I warned of the effects of a 
Republican government shutdown that have already come to bear. My 
colleagues have done this all day about what has this done to Federal 
employees generally? What has it done to NIH? What has it done to 
transportation? What has it done to the Centers for Disease Control? 
And on and on with all these programs that are now stunningly stopped.
  There are many unintended consequences of this irresponsible and 
shortsighted shutdown. It is reckless and irresponsible.
  But Speaker Boehner can end this Republican government shutdown 
today. We have given him what he wants. They sent over from the House: 
Let's go to conference. We are saying: We will go to conference on 
anything you want to go to conference on.
  Defy the strident voices on the right urging you to put your personal 
beliefs and the beliefs of your caucus before the strength of our 
economy and the needs of our country.
  I ask unanimous consent that the letter to which I referred be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follow:

                                                  U.S. Senate,

                                  Washington, DC, October 2, 2013.
     Hon. John Boehner,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Mr. Speaker: I hated the Iraq war. I think I hated it 
     as much as you hate the Affordable Care Act. Even though I 
     voted in 2002 to give President Bush the authority to 
     confront Saddam Hussein, I became appalled at how that 
     authority was used--without clear objectives, a coherent 
     strategy, or significant international support. There were 
     many gut-wrenching nights when I struggled over what I needed 
     to do to end the carnage. In those days, when President Bush 
     was Commander in Chief, I could have taken the steps that you 
     are taking now to block Government funding in order to gain 
     leverage to end the war. I faced a lot of pressure from my 
     own base to take that action. But I did not do that. I felt 
     that it would have been devastating to America. Therefore, 
     the Government was funded.
       Now we find ourselves at loggerheads. There needs to be a 
     path forward to reopen our Government and protect our 
     economy. This is a communication to you offering a sensible, 
     reasonable compromise.
       Before the House you have the Senate-passed measure to 
     reopen the Government, funded at the level that the House 
     chose in its own legislation. I propose that you allow this 
     joint resolution to pass, reopening the Government. And I 
     commit to name conferees to a budget conference, as soon as 
     the Government reopens. That conference can discuss the 
     important fiscal issues facing our Nation. You and your 
     Colleagues have repeatedly cited these fiscal issues as the 
     things on which we need to work. This conference would be an 
     appropriate place to have those discussions, where 
     participants could raise whatever proposals--such as tax 
     reform, health care, agriculture, and certainly discretionary 
     spending like veterans, National Parks, and NIH--they felt 
     appropriate.

[[Page S7125]]

       I hope that we can work together in this fashion. Together, 
     we can end this Government shutdown and work to address the 
     important fiscal issues facing our Nation. I look forward to 
     hearing from you.
           Sincerely,
                                                       Harry Reid,
                                            United States Senator.

  The PRESIDING OFFICER. The Senator from Washington.
  Mrs. MURRAY. Mr. President, Democrats and Republicans have some 
serious differences when it comes to our policies and our values and 
our priorities. But one thing we should be able to agree on--the bare 
minimum expected of us in Congress--is that we should not actively 
allow our constituents to be hurt.
  That is why Senate Democrats will be here today with a clear message 
to Republicans: Open the government. End the shutdown. Allow the 
government to open, make sure our families and communities that we 
represent do not have to pay the price for the disagreements we have 
and then come back to the table and work with us on a long-term budget 
deal to avoid these constant crises.
  Majority Leader Reid has made it very clear to Speaker Boehner that 
he is willing to sit down and talk, and I truly hope House Republicans 
take him up on that.
  On Monday night, as the government was shutting down, Speaker Boehner 
and the House Republicans lurched even deeper into the theater of the 
absurd. I was shocked. I could not believe my ears when I heard, with 
minutes to go before the shutdown began, Speaker Boehner was asking us 
for a conference on the spending bill. I thought: Is he serious? Is 
this some kind of joke?
  Even by the standards of a party that shut down the government to 
stop the health care reform law that was going to come online 
yesterday, no matter what they did, that was bizarre.
  I say to Speaker Boehner today: Yes, let's start a budget conference. 
It is a bit late. I have been fighting to start one for 6 months, but 
better late than never. Let's sit down, let's negotiate, let's work 
toward the balanced and bipartisan long-term budget deal that our 
constituents are expecting--a real budget conference, not like the 
photo op we saw in the House of Representatives yesterday; a budget 
conference where the two sides can sit at a table, offer some 
compromises and work toward a balanced and bipartisan long-term budget 
deal the American people expect.
  But there is one condition. It is a reasonable one. It could not be 
more important. Speaker Boehner and the House Republicans should stop 
allowing our families and our communities to be hurt while we 
negotiate. They should pass our short-term bill, reopen the government, 
and then join us at the table for a budget conference where we can work 
together toward a long-term deal. This is common sense. It is the 
responsible thing to do. There is absolutely no reason why we should 
not get the government back open, right now, while all of us get in a 
room and work on a deal.
  Given that Republicans spent the day yesterday talking about their 
newfound interest in a conference, I think it would be helpful to go 
back a bit to remind people who are following us here today how we got 
to this point.
  For 4 years Republicans in the Senate and in the House said it was 
critical that the Senate pass a budget. They came here to the floor, 
they blasted out press releases, they made it part of every one of 
their campaigns across the country.
  At the beginning of this year, it seemed that Democrats and 
Republicans agreed on at least one thing: The budget debate should 
proceed through regular order. The House was going to pass their 
budget, the Senate was going to pass ours, and then we were going to 
get together in a conference room and work out our differences.
  Senator McConnell said back then that once the Senate and House 
passed budgets, ``the work of conferencing must begin.'' Republicans 
said a conference was the ``best vehicle'' for the budget debate 
``because we are doing it in plain sight.''
  I absolutely agree. The Senate Budget Committee wrote our strong 
progrowth, pro-middle-class long-term budget. I am sure the hours that 
we spent debating this budget are not forgotten by anybody on this 
floor. We spent a week here in an open process debating and voting on 
amendment after amendment until the very wee hours of the morning. On 
March 23, the Senate passed our budget. We all remember that. The 
House, by the way, passed theirs earlier that day.
  I thought the next step would be we would go to a conference as 
quickly as possible. I went to the House Budget Committee chairman, 
Chairman Ryan. I told him the American people were expecting all of us 
to get in a room and work it out. I thought it was a no-brainer. We had 
significant differences between our two budgets, but I was ready to go 
to work with my colleagues and make compromises.
  With 6 months to go before the end of the fiscal year, we had plenty 
of time. But I was absolutely floored when I heard the House 
Republicans had changed their mind. They no longer wanted to go to 
conference. They no longer wanted to follow regular order.
  I am sure the idea of debating their budget and having it compared in 
an open and public forum was pretty unpleasant to them. They knew how 
unpopular their plans were to end Medicare as we know it and to cut 
taxes to the rich. But they put it in their budget and now it was their 
job to negotiate with them.
  I came here to the Senate floor and I asked for consent to go to a 
budget conference. I was joined by Senator Reid and many others. We 
asked to begin bipartisan negotiations. But Senate Republicans said no. 
We tried again and again and again. On April 23, we were blocked--April 
23, blocked by Senator Toomey; on May 6, Senator Cruz stood up and 
objected; on May 7, May 8, May 9, May 14, and May 15, Senator McConnell 
said no; on May 16, Senator Lee said no; on May 21, Senator Paul 
blocked our negotiation; May 22, it was Senator Rubio; May 23, Senator 
Lee; June 4, Senator Rubio; June 12, Senator Lee; June 19, Senator 
Toomey; June 26, Senator Cruz; July 11, Senator Rubio; July 17, Senator 
Lee; on August 1, Senator Rubio blocked us from starting a conference, 
right before the August recess.
  We have come here 18 times. Every single time we tried to get in that 
room, every time we tried to start a conference and negotiate, 
Republicans stood and they blocked us.
  By the way, it was not just Democrats either. Quite a few of our 
Senate Republicans joined us in pushing for a conference. My colleague 
Senator McCain joined Democrats on the floor and said blocking a 
conference was ``incomprehensible'' and ``insane.''
  Senator Corker said to ``keep from appointing conferees is not 
consistent.''
  Senator Flake said he ``would like to see a conference.''
  Republicans offered one excuse after another. By the way, none of 
them add up. First, they said they wanted a preconference framework, 
even though that is exactly what a budget is, and was exactly what we 
were negotiating over.
  Then they said they would not allow us to go to conference unless we 
guaranteed in our budget that the wealthiest Americans and biggest 
corporations would be protected from paying a penny more in taxes. Then 
they said they did not want a bipartisan conference to take away the 
leverage that they would have during a debt ceiling debate. Then they 
called for a ``do-over'' of the budget debate, including another 50 
hours of debate here on the floor, and a whole new round of unlimited 
amendments, even after, I will remind all of us, many of them praised 
the open floor debate that we had during the Senate budget debate.
  Their story kept changing. Senator McCain said Republicans' 
preconditions and excuses were ``absolutely out of line and 
unprecedented.'' Senator Collins said that even though there is a lot 
we do not see eye to eye on, we should at least go to conference and 
make our best effort to make a deal.
  The stalling from some Republicans was, to quote Senators McCain and 
Collins, ``a little bit bizarre'' and ``ironic, to say the least.''
  Republicans kept making excuses for stalling. But the bottom line was 
that after spending years saying the most important thing was for the 
Senate to pass a budget, once we did, they ran away as quickly as they 
could. You know, I told Republicans again and again, right here on the 
Senate floor

[[Page S7126]]

and when I talked to them in private, if you do not join us in a 
conference and give us the time we need to work out a deal, you are 
going to be pushing us into a completely avoidable crisis. They did not 
listen. They did not want to conference. They did not want to 
negotiate. They thought they would have more leverage in a crisis. They 
were doing everything they could to push us to one. Well, they were 
right; they pushed us into a crisis. Now families across our country 
are paying the price.

  If Speaker Boehner truly wants to negotiate and end this lurching 
from crisis to crisis, he would let the House vote to keep the 
government open. It would pass, by the way, with a strong bipartisan 
vote. Then he would join us at the table in a conference that I have 
been trying to start for months.
  I am going to ask unanimous consent for the 19th time to start a 
budget conference. To be very clear, this is not a replacement for an 
immediate end to this shutdown. It would build on a short-term bill to 
end this crisis. It is not to negotiate a short-term deal while our 
families and our communities are being hurt by a shutdown. It is to 
make sure the door is open for long-term negotiations that can start as 
soon as the threat of a shutdown is taken off the table.
  I am hopeful our Republican colleagues on the other side of the aisle 
who have watched as our constituents look on in amazement at the Senate 
and House as they say: We were unable to do the job that we have been 
asked to do, which is to govern the country in a responsible way--I 
would hope they would take a moment to pause and to say: It is time to 
stand. It is time to be a leader. It is time to stop holding our 
country and our communities hostage. It is time to stop putting fear 
into the lives of so many people. It is time to say, yes, we are going 
to open the government, we are not going to hold this country hostage, 
we are going to do our job. That is simply what we are asking to do 
today, allow the Senate bill to come up for a vote in the House. It 
will pass. We know we have the votes, Republicans and Democrats 
together, who want to stop this crisis.
  Then we will sit down and do what we have been asked to do by the 
Republicans for a number of years now, to write a budget, to have the 
House write a budget and sit down and work out our differences.
  I see Senator Durbin here on the floor. Senator Durbin worked on the 
Simpson-Bowles Commission for many years to try and resolve our 
differences. I think he would agree with me, it is time to get this 
done.
  I see Senator Warner on the floor right now. He has spent a great 
deal of time working to get us to a point where we can solve this 
crisis and have a way to go forward and a path that our country can 
rely on.
  I think many of our colleagues are ready to get past this crisis, are 
ready to open the government, and begin the responsible thing of 
working in the way we are supposed to. I hope they listen to Senator 
Reid and what he offered them today. I hope they do the right thing so 
families across our country do not have to continue bearing the burden 
of the Republican Party's dysfunction and division.
  With that, I ask unanimous consent that when the Senate receives a 
message from the House that they have passed H.J. Res. 59, as amended 
by the Senate, the Senate then proceed to the consideration of Calendar 
No. 33, H. Con. Res. 25; that the amendment at the desk, which is the 
text of S. Con. Res. 8, the budget resolution passed by the Senate, be 
inserted in lieu thereof; that H. Con. Res. 25, as amended, be agreed 
to, the motion to reconsider be considered made and laid upon the 
table; that the Senate proceed to a vote on a motion to insist on its 
amendment, request a conference with the House on the disagreeing votes 
of the two Houses, and authorize the Chair to appoint conferees on the 
part of the Senate, with all of the above occurring with no intervening 
action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. REID. Mr. President, in a second I am going to ask we go into a 
quorum call so the Republicans can give this due consideration. I do 
not want to try to rush into this, so we are going to go into a quorum 
call, giving the Republicans the opportunity to look at and study this 
consent agreement.
  We have done what we thought the Speaker would want, what the 
Republican leader would want. We have said we will discuss whatever you 
want to talk about in the conference. We hope this is something they 
will accept.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Is there objection to the request of the Senator from Washington?
  The Senator from Pennsylvania.
  Mr. TOOMEY. Reserving the right to object, I would point out a couple 
of things I didn't hear in the discussion of the Senator from 
Washington.
  One is the fact that the House has passed three different measures to 
fund the government. That has already happened. They were sent over 
here, and each one was rejected by the Senate Democrats, one after 
another, so that we are now in a government shutdown.
  I would also point out that after the Senate Democrats rejected every 
measure the Republicans sent over to fund the government, the 
Republican House sent over a measure to go to conference so that we 
could resolve this problem. I find it a little bit ironic, to say the 
least, that our Democratic colleagues are saying: We need to go to 
conference on the budget resolution. Now, I know the terminology here 
can get confusing for people, but that is a vehicle that has nothing to 
do with the immediate problem we have right now, which is the funding 
of the government, because we don't have a continuing resolution to 
actually fund the discretionary spending of the government, and that 
having expired and our Democratic friends having voted down every 
attempt by the Republicans to fund the government, we are in this bind.
  Now we have the unanimous consent request, if I have this right, that 
says that if the Republicans agree to every demand the Democrats have 
made beforehand, initially, then and only then would our Democratic 
friends like to have a conference on the budget. This is what I am 
hearing.
  What I would ask is whether the Senator from Washington would 
consider a modification to the unanimous consent request, and this 
would be two things. One would be that they also would agree to go to 
conference on the CR so we can work out the problem that is preventing 
us from reopening the government. The other would be that when we go to 
conference----
  Mr. SCHUMER. Would the Senator yield for a clarification?
  Mr. TOOMEY. I yield to the Senator.
  Mr. SCHUMER. Your request that we go to conference would be while the 
government is shut down. It doesn't matter in your request whether the 
government is shut down or not; is that correct?
  Mr. TOOMEY. My request is that we try to find a resolution to the 
shutdown. Go to conference----
  Mr. SCHUMER. While the government is shut down?
  Mr. TOOMEY. Go immediately, right now. The government is shut down. 
Let's go right now to conference as the House has requested so that we 
can reopen the government and can work out an agreement rather than 
have this impasse. Let's try to break the impasse by trying to go to 
conference. That would be one condition.
  Then I would go back to what our concern has been about the budget 
conference all along. I have asked unanimous consent to go to 
conference on the budget. I am a member of the Finance Committee. I 
would like us to do that. What I have objected to and what many of us 
have objected to is using it as an opportunity to break the Senate 
rules and airdrop in a debt ceiling increase without the opportunity to 
have the 60-vote threshold we ought to have in the Senate if we are 
going to consider increasing the debt burden on the American people.
  I would ask unanimous consent that the Senator from Washington agree 
to those two modifications.
  The PRESIDING OFFICER. Does the Senator so modify her request?
  Mrs. MURRAY. Mr. President, reserving the right to object, let me

[[Page S7127]]

make it very clear that what the Senator from Pennsylvania is asking is 
that we continue to hold our country, our communities, and our families 
hostage while they try to get something out of a conference. Mainly, 
the Senator is talking about saying ObamaCare will be repealed unless 
we pass a very short-term--a few weeks--continuing resolution. That is 
completely unacceptable not only to this Senator but to the vast 
majority of Americans.
  The Senator is also saying we can talk while everyone is not at work 
while the government is shut down. We have been asking to talk for a 
long time, but the American people deserve to be able to go to work, 
get their paychecks, and to have our communities and our country 
running without the threat of this over their heads.
  I object to the Senator's request.
  I repeat my request that we allow the House to vote on the bill that 
was sent over to them, that they have the votes on, open the 
government, and then do as we have asked 19 times, do what the American 
people expect us to do, which is to go to conference and work out our 
disagreements.
  I renew my original request.
  The PRESIDING OFFICER. Is there objection to the request of the 
Senator from Washington?
  Mr. TOOMEY. The Senator from Washington objects to my request that we 
go to conference so we can resolve the impasse of the shutdown of 
government and instead wishes to go to conference on something else, 
which is the budget resolution, in the event it does not reopen the 
government.
  I object.
  Mrs. MURRAY. I object.
  The PRESIDING OFFICER. Objection is heard.
  Mrs. MURRAY. Let me make it clear. The Senator from Washington does 
not believe we should be negotiating in the dark of night. The 
government should be open, public, and people should be able to see 
what we are doing. That is why our unanimous request was so important. 
I am so disappointed the Republicans are saying: Hold the country 
hostage. That is the place we are left in.
  The PRESIDING OFFICER. The Senator from New York.
  Mr. SCHUMER. I know my colleague from Pennsylvania has gone. Let's 
clarify a few things because obfuscation is the rule of the day when 
you are not holding many cards.
  First, the Senator from Pennsylvania said they have asked to open the 
government--they have asked, rather, to go to conference three times 
and open the government. Yes, they have--if ObamaCare is repealed, if 
ObamaCare is delayed for 1 year, and if the individual mandate is 
delayed for 1 year. That is not a request to go to conference. That is 
saying: Unless I get my way on ObamaCare--which has been voted on by 
these Chambers, which has been litigated in the election--I am going to 
shut the government down. Their position hasn't changed. The bottom 
line is very simple. The bottom line now is very simple. The bottom 
line now is, oh, let's go to conference. All of a sudden--sure. Let's 
go to conference while cancer treatments are being refused. The more we 
delay, the worse that is. Let's go to conference while veterans' 
benefits can't be processed, and the more we delay, the more veterans 
will be hurt. Let's go to conference before 800,000 people get their 
paychecks, which they need to feed their families. Let's go to 
conference while the Statue of Liberty is closed and my little sandwich 
shop nearby is not making any revenue.

  Please, I say to my colleague, what the Senator wants to do is use a 
bludgeon since a small group of tea party fanatics, as they are called, 
has Speaker Boehner in the palm of their hand and they have the power 
not to fund the government. They say: Until you do what we want, we 
won't fund the government. So nothing has changed, and there is no 
concession or willingness to negotiate on a fair basis by the other 
side--no.
  Let me repeat to my colleague from Pennsylvania, you have it 
backward. You are saying: Let's negotiate, and then we might open the 
government. The right way to do it is by the resolution offered by the 
chairwoman of the Budget Committee. Let's open the government, and then 
we will be happy to sit down and negotiate. That is the fundamental 
difference here.
  On whose side are the American people? Ours--70 to 22. On whose side 
is every Democrat at each end of Pennsylvania Avenue? Ours, of course. 
If you look at the quotations in the House and Senate, a large number 
of votes from the other side of the aisle are on our side too. But 
because a small number of irresponsible members of the tea party have 
Speaker Boehner in their control right now, we can't succeed. So the 
tea party shutdown, the shutdown, originated, engineered, and put into 
place by the tea party with Speaker Boehner's fearful acquiescence, is 
still the law of the day. It will not be for much longer. The pressure 
from the public, on the economy, and the pressure from Members on the 
other side of the aisle will increase, and I believe in a short while--
in a short while--the other side will have to say: OK, we will fund the 
government; now let's sit down and talk. That is what Leader Reid and 
Chairwoman Murray have simply asked for today. It will just take a few 
days more, but it will happen.

  I wish the other side would acquiesce now because so many innocent 
millions are being held hostage and being hurt.
  I yield the floor.
  The PRESIDING OFFICER. The assistant majority leader.
  Mr. DURBIN. Mr. President, the unanimous consent request made by the 
Senator from the State of Washington is eminently sensible. It 
basically says: Why hold 800,000 Federal employees hostage while we go 
about the negotiation of our future budget? The majority leader has 
made this offer. He has said we are going to go forward. He has offered 
to Speaker Boehner the opportunity--the opportunity--for us to open the 
government and then get into meaningful negotiations on all of the 
major issues.
  So what do we hear from the Senator from Pennsylvania, Senator 
Toomey? His objection. He wants to continue to keep the government shut 
down while we are supposed to initiate negotiations. Who pays the price 
for that? Well, it wouldn't be any Senator. The people who pay a price 
for it are those 800,000 furloughed employees and all of the people in 
America who count on their services every single day.
  I have said it before, but it bears repeating. Two hundred people 
were turned away from the National Institutes of Health this week who 
wanted to enter clinical trials because of a serious life-threatening 
illness, including 30 children--cancer patients coming to the NIH with 
their parents for one last hopeful move to save their lives. So the 
Senator from Pennsylvania says: Sorry, we can't take care of those 
children. We can't take care of those seriously ill Americans. We have 
to sit down and negotiate.
  It is easy for him, and perhaps easy for others to say it is all 
about us, but it isn't. It is all about America. It is all about the 
people we were sent here to represent. It is all about the reputation 
of this Nation.
  What it will take to get beyond this current crisis is very obvious. 
We have unity on the Democratic side to open the government. We have 
sent a continuing resolution to the House to do the same. What has to 
happen now is for moderate Republicans to step forward.
  It is interesting to me in the last 48 hours how few have come to the 
Senate Floor to talk about this issue. Privately they tell me they are 
torn and worried over what this is doing to our country and what it is 
doing to their party. But some moderate Republicans in the House of 
Representatives have spoken. I would like to, if I can, at this point, 
recount what has been said by some of those who have spoken.
  Representative Pat Meehan, Republican of Pennsylvania, said:

       At this point, I believe it's time for the House to vote 
     for a clean, short-term funding bill to bring the Senate to 
     the table and negotiate a responsible compromise.

  A clean short-term funding bill. That has already passed the Senate. 
It is sitting in the House waiting for the Speaker to call it up.
  Representative Mike Fitzpatrick, another Republican from 
Pennsylvania. A Fitzpatrick aide tells the Philadelphia Inquirer the 
Congressman would support a clean funding bill if it came up for a 
vote.
  Representative Lou Barletta, Republican of Pennsylvania. Barletta 
said

[[Page S7128]]

he would ``absolutely'' vote for a clean bill in order to avert a 
shutdown of the government.
  Representative Charlie Dent, Republican of Pennsylvania said: ``I'm 
prepared to vote for a clean continuing resolution,'' he told the 
Huffington Post.
  In addition to that, Representative Jim Gerlach, another Republican 
from Pennsylvania, issued a statement saying he would ``vote in favor 
of a so-called clean budget bill.''
  The list goes on--and I have mentioned a few on this list: 
Representative Pat Meehan, Republican of Pennsylvania; Representative 
Scott Rigell--I am sorry if I mispronounced that--Republican of 
Virginia; Representative Jon Runyan, Republican of New Jersey; 
Representative Mike Fitzpatrick, Republican of Pennsylvania; 
Representative Lou Barletta, Republican of Pennsylvania; Representative 
Peter King, Republican of New York; Representative Devin Nunes, 
Republican of California; Representative Charlie Dent, Republican of 
Pennsylvania; Representative Frank Wolf, Republican of Virginia; 
Representative Michael Grimm, Republican of New York; Representative 
Erik Paulsen, Republican of Minnesota; Representative Rob Wittman, 
Republican of Virginia; Representative Frank LoBiondo, Republican of 
New Jersey; Representative Randy Forbes, Republican of Virginia; 
Representative Jim Gerlach, Republican of Pennsylvania; Representative 
Leonard Lance, Republican of New Jersey, and Representative Mike 
Simpson, Republican of Idaho.
  Seventeen. Why is that number significant? It takes only two or three 
more Republican Congressmen--Republican Congressmen--to step up and say 
they will vote for the CR we sent over from the Senate to reopen the 
government of the United States of America.
  There are six Republican Congressmen in my State of Illinois. I 
challenge all of them to join this group of their fellow colleagues and 
Democrats in the House who don't want to punish America and 800,000 
Federal workers.
  What is at stake here? It isn't just bragging rights about how this 
crisis ends. What is at stake is much more. It even goes beyond the 
life-and-death situation faced by hundreds at the National Institutes 
of Health. I am still stunned by what I was told yesterday by Senator 
Feinstein. It is public knowledge. She announced it on the floor. 
Seventy-two percent--72 percent--of the civilian workforce in America's 
intelligence agencies have been furloughed. What do they do? Well, I 
will tell you what they do. They listen closely to places and people 
all around the world to see a threat coming against the United States. 
They are sent to work each day with the most serious mission of almost 
anyone working for our government. They are sent there with the mission 
to avoid the next 9/11, to spare innocent people across America the 
possibility of a terrorist attack.
  I am not over-dramatizing it. That is what the intelligence agencies 
are all about every day. Today, almost three out of four of the 
professional men and women on the civilian side of intelligence are 
home. They are not listening. They are not watching. They have been 
sent home by this tea party Republican shutdown. It will only take 
about 3 more Republican Congressmen to step forward and say: This has 
to come to an end for the good of our Nation, for the safety of our 
Nation, and for the future of our economy. That is what we are up 
against.
  What we are trying to do is get the conversation underway to resolve 
some major issues. I hope we are successful. But in the meantime, let 
us protect America. Let us serve the people who sent us here. Let us 
reopen this government as quickly as possible. It has gone on now for a 
day and a half. It should end this afternoon.
  Speaker John Boehner has it within his power to end this government 
shutdown in a matter of minutes--minutes--and then we can start a 
conversation about the important issues facing us. I think 
the President is right. We have to do this in a responsible manner and 
to say once and for all we are not going to hold the American people, 
the American taxpayers or America's security, hostage to a political 
temper tantrum. We have to face our responsibilities honestly and 
directly.

  I yield the floor.
  The PRESIDING OFFICER (Mr. Coons). The Senator from Virginia.
  Mr. WARNER. Mr. President, I want to thank my colleague, the Senator 
from Illinois for his comments on this issue. I will comment as well, 
but I also want to thank the chair of the Budget Committee for asking 
one more time and saying: Let's negotiate this.
  I think it is important to note, as the Senator from Illinois 
mentioned, some of the folks who say this is not just about the 800,000 
Federal workers who are going on without pay, it is about national 
security. Seventy-two percent of the folks who work in the intelligence 
community, who are civilians, are furloughed today. It means our troops 
in harm's way are in greater danger. Our embassies are in greater 
danger, and our country is in greater danger.
  I also have heard some remarkable comments from some of our 
colleagues on the other side about the free enterprise system. I have 
to say I have spent longer in the free enterprise system than I have in 
elective office. I can never imagine two businesses that were 
negotiating saying: We are going to shut down our business rather than 
negotiate. I mean this really has entered into a new realm of the 
theater of the absurd.
  We think about why so many of those Congressmen from Virginia have 
stepped up, and it is because this is not just about the Federal 
workforce. I point out that today, at NASA Langley, one of our premier 
research institutions in America, where there are normally 3,500 
employees, there are only six working today. But this doesn't just 
affect NASA Langley. It affects the gas station nearby, where the folks 
who go to work at NASA Langley buy gas. It affects the shops and 
restaurants around there, where people go to eat.
  I wonder what the folks who talk about the free enterprise system 
will say to that motel owner along Skyline Drive in Virginia or outside 
Yosemite who has a cancellation this weekend. That is not a government 
worker. That is part of the free enterprise system. No business leader 
in America, regardless of political stripe, thinks shutting down the 
Federal Government makes good business sense.
  Earlier today, along with my colleagues from Maryland--Senator King 
couldn't be there, but he was very supportive--we brought in some--not 
faceless budgets but real folks who were directly affected by this 
shutdown. We had a woman who had worked for the National Science 
Foundation for close to 40 years, saying she had gone through a $2,500 
hit from furloughs already and was unsure. She hadn't bought a car last 
week because this was hanging over her head. She felt she was going to 
be fine in some way, but she wondered what young scientist would come 
work in public service today. Again, in a free enterprise system--this 
is a competitive world--the rest of the world is not going to stop 
their science, their innovation, their creativity because America can't 
get its act together and keep its government operating.
  I have been occasionally called by some of my colleagues on this side 
of the aisle too reflexively bipartisan. There is always both sides of 
an argument. But on this argument, with these facts, there is no lack 
of clarity in my mind that holding not just our Federal workforce but 
the economy of America hostage, and saying that until we get our way we 
are not going to reopen the largest enterprise in the world--the 
Federal Government of the United States--is more irresponsible than 
anything I have seen, not only in my political life but in my business 
life.
  I have had some of the same conversations my colleagues have had, and 
I know there is a great deal of uneasiness on the other side. I 
actually don't believe this is Democrats versus Republicans. We have 
our bill over on the House side, and I believe, candidly, we will see 
the majority of the House Republicans join in reopening the government. 
Then let's have this kind of very real debate about health care, about 
tax reform, about getting our country's balance sheet right.
  The notion that we are basically going to affect the lives of 800,000 
folks who are furloughed, and countless millions of others who depend 
on those

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services, or countless millions others in the free enterprise system 
who depend upon our workforce as their customers, is stunningly 
irresponsible. All of us here say we want our economy to recover. Well, 
let's get our balance sheet right. But in the meantime, let's open the 
government. Let these folks get back to their job, and let's have this 
conference that has been called for 18 different times.
  I will close, and I know other folks have mentioned this. No matter 
what happens going forward, we are going to ask our Federal workforce 
to do more with less resources. Again, I have spent more time in the 
private sector than in the public sector. I have built companies. The 
last thing you do to your workforce, when you are asking them to do 
more with less, is disrespect them continuously the way we have done to 
the Federal workforce over the last 3 years--3 years without a pay 
increase, furloughs, being told that somehow they are riding in the 
wagon not driving the wagon.
  Let me say, as somebody who got here because of a good public school, 
because of a student loan program, because I had a free enterprise 
system that allowed me to fail, but then succeed because there was a 
support system put forward by a Federal Government, I think those folks 
are pulling that wagon every bit as much as every other American.
  I hope we will be able to get not only those folks in the House but 
others to be willing to say it is time to get this government bill, it 
is time to have a long overdue conversation about our balance sheet. I 
appeal to all of my colleagues, let's get this behind us. Please, don't 
bring somebody down here and say that under the free enterprise system 
somehow it is rational, logical, or makes good business sense to keep 
this government shuttered.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa.
  Mr. HARKIN. Mr. President, first of all, in all this mess there is 
some good news. The Affordable Care Act is up and running, and the 
people of America are responding in remarkable numbers.
  Remember how the Republicans said this is bad, it is a failure? They 
kept saying it was a failure even though it had not even started. In 
the first 24 hours of healthcare.gov being up, the national 
marketplace, 4.7 million people visited. In California, which has its 
own State-run marketplace, 5 million people visited that site 
yesterday. I noted that I heard the Republican leader out here earlier 
today. In his home state of Kentucky, with 78,000 visitors, they 
started nearly 4,700 applications and completed more than 2,900 
yesterday in the first day.
  I think what this all indicates is the American people is hungry to 
get covered with health insurance. With 30 million people out there 
without health insurance, with a preexisting condition, or maybe they 
are ill right now, maybe they have had other things happen or are out 
of work--now they can go on the marketplace and get health insurance 
coverage. And they are flocking to it, because it has been sorely 
needed for decades.
  The Republicans still want to hold the government hostage and defund 
the Affordable Care Act. I would like to know what the Republican 
leader might say to those 4,700 people who applied in Kentucky 
yesterday. And we know it is going to be more as the weeks and months 
go by. We have 6 months to sign up. But think about those figures just 
in the first day.
  Fifty-five thousand people went to Colorado's exchange and 1,450 
created accounts to allow them to start shopping. I mentioned New York. 
There were 10 million attempts to reach their Web site.
  We had some glitches. Yes, some Web sites froze because they didn't 
expect that many people to come on the first day.
  Andrew Stryker was among the first people to purchase health care 
through the marketplace. Mr. Stryker is 34 years old and lives in Los 
Angeles where he is a freelancer. He has a preexisting condition--high 
blood pressure--and says health insurance companies had denied him 
coverage on the individual market. He said signing up for coverage 
through the marketplace will save him over $6,000 per year when 
compared with his monthly premium for his COBRA plan. For that, he 
said, I would have waited all day.
  So the Affordable Care Act is up and running, and people all over 
this country are flocking to it to get the good news that they can get 
affordable coverage for themselves and their family.
  The same is happening in my own State of Iowa, where the plans have 
come in as some of the lowest in the country.
  So that is the good news. The bad news is Republicans here are still 
trying to stop it before too many people get health insurance because 
then they know they won't be able to turn it back. The people of 
America have waited too long to have health insurance coverage for 
themselves and their families. Now everyone can get health insurance at 
a price they can afford. So we are going to have health coverage not 
just for the healthy and the wealthy but for everyone in this country. 
That is the good news.
  We are now in day 2 of the Federal shutdown. If we listen to some 
Members across the aisle and in the other body, one might get the sense 
that it is no big deal. The Congressman from my own State said, the sky 
hasn't fallen. We have had government shutdowns and the sky hasn't 
fallen, the roof hasn't caved in. No big deal. I may have paraphrased a 
little bit, but that is basically what he said. They seem to think you 
can simply turn off the Federal Government for a few days or a month or 
two and it won't matter. I don't understand this attitude, but it is 
what we hear from Members of the other party.
  Let me explain what a government shutdown means in the areas I am 
most familiar with as the chair of the Health, Education, Labor, and 
Pensions Committee and as chair of the Appropriations Committee that 
funds those programs.
  As of yesterday, the National Institutes of Health stopped enrolling 
new patients in 497 ongoing clinical research trials. Of those trials, 
255 are studying treatments for cancer and 50 involve children with 
cancer. These are ongoing clinical research trials right now--stopped--
50 involving children with cancer. What do you say to those families? 
Clinical trials can't be completed if they don't have enough patients. 
But as long as there is a shutdown, the process stops.
  I remind everyone, when I am talking about NIH I am not just talking 
about Bethesda, MD. I am talking about all over this country. NIH funds 
research and clinical trials in every State in this country. As of 
yesterday, the NIH began turning away people from its clinical research 
center. Each week of a shutdown, NIH estimates it will close its doors 
to 200 new patients who need help. Also yesterday the NIH stopped 
processing applications for new research grants. These applications are 
submitted by scientists all over the country, from universities and 
other places in our States, not just from Bethesda and not just from 
Washington, DC.
  We might say OK, so they have stopped processing new research grants. 
So what. The sky hasn't fallen, the roof hasn't caved in, according to 
the Congressman from Iowa. We have no idea which of those grant 
applications might lead to the next cure for cancer or Alzheimer's or 
diabetes or might be that one bit of research that fits into that slot 
where other people can build on it to find cures. But so long as there 
is a shutdown, none of them will be considered. That is the effect on 
NIH.
  I understand the House is proceeding to some kind of a measure to 
pass an appropriations measure just for NIH and maybe a couple other 
things, and they are going to send it over here. Do you know what they 
are missing if they want to talk about health? They are missing the 
Centers for Disease Control and Prevention.
  The CDC is the premier public health agency--not just in America but 
in the world. The people who work there protect America from threats to 
our health and safety like infectious diseases, chronic diseases, 
outbreaks of foodborne disease. As of yesterday, the CDC--the premier 
public health agency in the world--is shut down. All of their labs are 
closed. The scientists are furloughed. The expert hotlines that 
physicians and the public call for information are turned off. The 
emergency operations center is on a skeleton crew for outbreak 
response. Maybe that

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should give us some comfort. But the CDC is not doing any disease 
monitoring. So who is going to sound the alert if they are not doing 
the monitoring? I have to add, viruses don't just break out when the 
government is open.

  I will never forget what our former chairman of the Appropriations 
Committee, and under whom I served some years ago, Mark Hatfield, the 
great Senator from Oregon, said when he gave his final speech here on 
the Senate floor. I remember it well. I remember him saying it is not 
the Russians are coming, the Russians are coming; it is the viruses are 
coming, the viruses are coming.
  Senator Hatfield was looking ahead because he knew what was 
happening. We know for a fact that the viruses are coming because 
October is the beginning of flu season. And yet because the government 
is shut down, there is no one at CDC monitoring influenza.
  Why is that important? For most of us, I suppose flu is an 
inconvenience. For most of us, we can go down here to the doctor's 
office and get our flu shot. But for many people, flu can be a matter 
of life and death. More than 200,000 Americans are hospitalized from 
flu every year. In a mild year, 3,000 Americans who get the flu will 
die. In a severe year, that toll can rise to almost 50,000.
  So right now is precisely when the Center for Disease Control should 
begin monitoring which strains are circulating across the country, 
which communities are being hit hardest, so they can isolate it, find 
out what is happening, and keep it from spreading. As long as there is 
a shutdown, the CDC is not doing this.
  This past April, a new strain of flu, H7N9, appeared in China during 
their flu season. It is very deadly. Twenty percent of the people who 
got it died. Thank goodness, we haven't had that outbreak in America; 
but as long as the CDC is shut down, no one is watching for it. No one 
is monitoring to see if that strain of flu might cause an outbreak 
someplace in this country.
  I say that to tell people we may think everything is just fine and 
dandy. My fellow Congressman from Iowa may say, well, the sky hasn't 
fallen, the roof hasn't caved in. And I hope and pray we don't have an 
influenza outbreak. I hope and pray we don't have any serious virus 
outbreaks in the next few days. But viruses don't just wait around for 
the government to be open.
  The PRESIDING OFFICER. The Senator has used 10 minutes of his time.
  Mr. HARKIN. Under what order are we proceeding?
  The PRESIDING OFFICER. There is a unanimous consent agreement that 
Senators will speak for 10 minutes.
  Mr. HARKIN. I have more to say about the Centers for Disease Control, 
but I guess I will have to seek my 10 minutes later on in the day.
  I thank the Chair.
  The PRESIDING OFFICER. The Senator from New Hampshire.
  Ms. AYOTTE. Mr. President, if the Senator from Iowa needs a couple of 
minutes to wrap up, I don't think I will take my whole 10 minutes so I 
would be happy to cede to him a couple of minutes.
  Mr. HARKIN. I thank the Senator. She is very kind. I have at least 
another 5 to 7 minutes to go. I have some data from CDC that I want to 
put in. So I thank her very much.
  I have been talking about the Centers for Disease Control and what 
the shutdown means in terms of monitoring outbreaks, food-borne 
outbreaks, illnesses, virus outbreaks--and that is not happening now.
  I want to turn to another thing; that is, what CDC is and how CDC 
keeps Americans safe every day, and that is in food safety.
  The Centers for Disease Control has stopped its epidemiological work 
to identify potential outbreaks and link the outbreak to a food source. 
I can't tell you what might be missed while the CDC is shut down. I can 
give a few examples where recently the CDC has sounded the alarm and 
kept Americans safe.
  Only 12 days ago, 162 people in 10 States became ill with hepatitis A 
as a result of eating contaminated frozen berries--the kinds of mixed 
berries you get in the grocery store freezer department. The States are 
as far apart as Arizona, California, New Jersey, Hawaii, and Wisconsin, 
but because of the expertise of the Centers for Disease Control and 
Prevention, they were able to go out, get this secured, recall the 
food, and trace it down. They traced it, believe it or not, to some 
pomegranate seeds that came from Turkey--not America but Turkey. This 
is another way in which the Centers for Disease Control protects the 
safety of Americans.
  In August cyclospora infected 643 people who ate a particular salad 
mix in 25 States. A lot of people may remember that. The outbreak was 
first identified in my home State of Iowa. They immediately called the 
Centers for Disease Control, and then the CDC got a hold of other 
States. The next place it popped up was Texas--Iowa, then Texas. They 
traced it. CDC put its detectives, as I call them, to work. They 
isolated this salad mix, and it was traced to a place in Mexico. It was 
recalled. Yes, 643 people got sick, but we stopped it before it spread 
any further and before anybody died. That is what the CDC did.
  Now, because of the government shutdown, CDC has stopped.
  I hope there is not another outbreak like this, but one never knows. 
But the detectives on the CDC epidemiology team are now furloughed. 
What does that mean for the safety of Americans?
  When the Congressman from Iowa on the other side said: Well, you 
know, the sky hasn't fallen and the roof hasn't caved in because the 
government has shut down, implying that it is no big deal, I hope and 
pray we don't have a virus outbreak, a bacteria outbreak, or a food-
borne outbreak such as I just mentioned. Well, will food contamination 
happen tomorrow? Will a flu outbreak happen this weekend?
  I have heard people say: We shouldn't be too concerned about the 
shutdown. It might last only a few days.
  To those I ask, how many days can we afford to lose when a virus 
emerges? In those few days, how many people will buy and eat a 
contaminated product? How many more people will catch the flu, West 
Nile virus, hepatitis or E. coli? I could go on and on. How long can we 
afford to put a blindfold on the Centers for Disease Control and 
Prevention?
  I am not trying to unduly frighten anybody, but I am telling the 
facts. What I said here happened recently. This is not mythological. 
This is not maybe. These things actually happened within the last few 
weeks in America. People got sick. People lost work.
  Again, we have to be concerned. Yes, maybe the sky hasn't fallen or 
the roof hasn't caved in. Is that what we have to have happen before we 
reopen the government? I say to that Congressman from Iowa, is that 
what has to happen--must a lot of people have to get sick, or do lot of 
people have to die? Then maybe we will say: Oh, I guess now we have to 
reopen the government. What a terrible way to run a government.
  In another area--and again I am talking about things under my 
jurisdiction as the chair of this committee--the Social Security 
Administration furloughed 18,000 Federal employees and Social Security 
officers across the country--29 percent of the agency's workforce.
  I suppose some would say: Well, so what. They are just bureaucrats.
  Let's take a look at them. Checks will still go out, Social Security 
checks will still go out, disability and retirement claims will still 
come in, but that is it. What that will mean is delays in basic 
services for the 180,000 people who visit a Social Security office 
every day in America or the 445,000 people who call Social Security 
offices every day who have a problem, who have a question, maybe a lost 
card. Need I mention what it means when you have a lost Social Security 
card, don't have that ID, trying to get some health care services or 
something else and you don't have your Social Security card? Some 
22,000 Americans a day file for retirement benefits. Twelve thousand a 
day apply for disability benefits.

  As I said, Social Security will continue to accept those, but nothing 
will happen. That means the backlog piles up and piles up and piles up 
every day. Twenty-two thousand a day file for retirement benefits. They 
can file it, but nothing happens. So that just builds up day after day 
after day, and the backlog gets worse.

[[Page S7131]]

  It already takes about 13 months, on average, to get a decision on an 
appeal for disability benefits. With this shutdown, it is going to be 
longer. It is going to be 14 months, 15 months and 18 months, and on 
and on. If you need a new Social Security card, sorry. As long as there 
is a shutdown, you can't get one. You cannot get a new Social Security 
card. If you need to replace your Medicare card, tough luck, you are 
going to have to wait a long time.
  The Department of Labor staff, who investigate worker violations such 
as wage theft, will be at home instead of on the job. Some worker 
protection staff are still on the job but they are only looking at the 
highest risk facilities or responding after an accident has occurred. 
This isn't acceptable.
  Take, for example, MSHA, the Mine Safety Health Administration. It is 
unable to conduct all of its required inspections because of the 
shutdown. How many safety and health violations won't be identified and 
corrected? How many miners are at risk of lifelong injuries and 
illnesses because of this shutdown?
  As someone remarked the other day: You know, these mine operators, 
they can smell a mine inspector 2 miles away. Well, now, what are these 
mine operators going to do, when we know what their track record has 
been in the past, violating safety precautions? When they know they are 
not going to get inspected, will they ramp up production? They will get 
as much out of their miners as they can and they won't worry about the 
safety because the inspectors aren't coming around. How many miners 
will have their health affected or will be injured? I certainly hope 
not die, but you never know. That is just at the Department of Labor.
  The PRESIDING OFFICER (Mr. Blumenthal). The Senator has used 10 
minutes. I apologize for interrupting him.
  Mr. HARKIN. I ask unanimous consent to speak for 10 more minutes.
  Mr. President, it is not just our current workforce that is impacted 
by this stalemate. The government shutdown is also threatening to shut 
the door at Head Start classrooms. This month, grants for 22 Head Start 
providers are scheduled to be renewed. These are simply continuations 
of existing grants. The providers have already enrolled children. But 
after a shutdown, this funding will be cut off. As a result, 18,000 
children and families that those programs serve are going to be losing 
access to early childhood education services this month--this month--
this month.
  As I said, I could go on and on, but I just wanted to point out how 
people are being affected by this shutdown. It may not be visible to 
all, but it is there, and it is hurtful to them and their families and 
to our country. This shutdown needs to stop. It is time for cooler 
heads to prevail. It is time to end this mindless, damaging, 
preventable shutdown.
  There is one simple way to do it. All the Speaker of the House has to 
do is bring up a clean continuing resolution which is sitting over 
there right now--bring it to the floor of the House. The votes are 
there to pass it, and the government will be back in business tomorrow. 
If he did that, the shutdown would be over, and Americans would know 
their safety and health--everything from food to illnesses to viruses 
to bacteria and food safety--will again be protected by the Centers for 
Disease Control and Prevention. We would know the research and the 
operations of the National Institutes of Health will continue. We would 
know our workers will be safe once again on the job because of the 
Department of Labor. We would know our Social Security offices will be 
open and running and will be able to process claims and issue new 
Social Security cards and Medicare cards.
  I just want to make it very clear there are a lot of people being 
hurt by this. They may not be on the front lines or highly visible, but 
they are out there and they are being hurt today. It is a shameful, 
shameful comment on a great nation like ours that we continue this 
government shutdown, hurting so many people in this country.
  With that I yield the floor.
  Ms. AYOTTE. Mr. President, as I said before--and I said certainly as 
I came to this floor last week--governing by crisis is no way to run a 
government. We simply have to get our act together and work together to 
get the government funded again, to not lose the forest for the trees 
in terms of addressing the fiscal challenges our country faces, to come 
up with a fiscally responsible plan that puts our Nation first and puts 
us on a path to economic security. And, frankly, we have wasted too 
much time and energy on political brinkmanship and self-inflicted 
fiscal crises that also keep us from focusing on the real challenges we 
face, including our $17 trillion in debt, an economy that could be much 
stronger than it is right now to create the best climate for jobs in 
this country.
  As I came to this floor last week, I reiterated my strongly held 
opposition to ObamaCare because I have seen the impact, hearing from 
businesses and individuals in New Hampshire concerned about rising 
health care costs. In New Hampshire, we only have one insurer that will 
be on the exchange, and 10 of our 26 hospitals will be excluded from 
the exchange.
  But I also said last week that shutting down the government in an 
attempt to defund ObamaCare was not a winning strategy for success. 
Why? We have already seen exhibit A why it was not a winning strategy 
for success--because the government shut down yesterday and the 
ObamaCare exchanges opened and continued anyway. Why is that? We knew 
in advance that the Congressional Research Service had told us that the 
mandatory funding piece that was put in ObamaCare would continue even 
if the government were to shut down. We have seen that happen.
  While I continue to believe this law is wrong for America because it 
is causing rising health care costs, because of the notion--in fact, I 
think it was well said recently by the chairman of the board of 
trustees of the Frisbie Memorial Hospital, who originally supported the 
Affordable Care Act but recently came to say: I supported it because we 
were told we could keep our doctor, and that has turned out to be a 
lie.
  I certainly want to work with my colleagues to do whatever I can to 
come up with ways that we can repeal ObamaCare, replace it with reforms 
that are actually going to drive down health care costs, allow people 
to keep their physicians, and foster more competition in the insurance 
sector to give people more choice, but we need to end where we are 
right now. We need to come to a resolution to keep this government 
funded in a fiscally responsible way.
  I am glad congressional leaders are going to speak to the President 
tonight. We do not need another photo op. What we need is results. We 
need both sides of the aisle working together to negotiate, to come up 
with a plan to fund the government, to move forward, to find common 
ground.
  I know there is some common ground in areas of ObamaCare that both 
sides of the aisle are concerned about--for example, the medical device 
tax. When we had the budget votes earlier this year, the vote was 79 to 
20 to repeal the medical device tax. Members on both sides of the aisle 
decided that tax was not good for innovation, for jobs, and that it 
drives up health care costs. That is an area where we have had some 
common ground in how we can affect this health care law--a health care 
law I still deeply oppose, but it is time for us to make sure we can 
get the government funded again.
  Why? In my home State of New Hampshire right now, at the Portsmouth 
Naval Shipyard--one of our Nation's four public shipyards--the skilled 
workers there are being put in jeopardy. They have a very important 
function to defend our Nation, to maintain our Virginia-class 
submarines. Yet, due to the government shutdown, more than 1,700 
workers at the Portsmouth Naval Shipyard are being furloughed. Instead 
of maintaining our submarine fleet and defending our Nation, they are 
worried about their paychecks. It is wrong.
  For our National Guard, more than 330 of our New Hampshire National 
Guard military technicians are being furloughed. These individuals lost 
25 to 30 percent of their pay this summer when they were furloughed 
because of sequestration. This is no way to treat Americans who are 
helping defend our country. They play a critical role in the operations 
of our Guard. Yet we are also being told that the New Hampshire Air 
National Guard--if they do

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not receive more furlough exceptions, they may have to shut down their 
air-refueling and air-bridge operations to Europe and the Middle East. 
This is about the defense of our Nation. Many of them canceled their 
civilian job days at work to come to their drill weekend this weekend, 
which is now being canceled, so they are losing those days of pay as 
well.
  Yesterday I was answering my phones. I had a constituent call me 
saying that his family had saved for years for a vacation, that it was 
going to cost them $25,000 to $30,000, and they were at the Grand 
Canyon. They said: Senator Ayotte, what is going on? We took our kids 
out of school for 2 weeks, we saved for years for this vacation, and we 
cannot go down into the canyon.
  We must get this resolved, and we must look for common ground on both 
sides of the aisle to negotiate this, to get a responsible fiscal plan 
for the Nation.
  By the way, we are fighting about 6 weeks of a continuing resolution 
right now. Give me a break. We should be looking at long-term funding 
for this Nation, not 6 weeks. To have this kind of impasse over 6 
weeks? I can understand why the American people are frustrated and 
angry.
  All I can say is that tonight, as congressional leaders on both sides 
of the aisle meet with the President of the United States, we do not 
need any more posturing. Let's give up the blame game on both sides. No 
more photo ops. You have all seen enough photo ops at this point. Come 
out of that meeting with results. Yes, results means that both sides 
are going to have to negotiate. Both sides are not going to get 
everything they want, but that is what people do in their daily lives. 
That is what I know people in New Hampshire do to resolve their 
differences. That is what the American people expect of us.
  I hope this ends soon so we can move forward on behalf of this great 
Nation.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. On Tuesday at midnight, the Federal Government shut its 
doors, closed for all but the most essential business concerning 
national security and the safety of the American people.
  Mr. President, you know Vermonters, like Americans in every State and 
town of this country, are frustrated. They are angry and confused. They 
have seen Congress's inability to do its job and keep the government 
running. They have seen us pass a budget--we passed a continuing 
resolution here in the Senate--and a small group in the House of 
Representatives, a small group of Republicans said: No, we have to have 
everything we want or nothing.
  Visual consequences of the shutdown can be found around Washington, 
where museums and national monuments are barricaded. But it is more 
than just that. It is more than that.
  In the States, national parks and national refuges have closed their 
gates and thousands of Federal offices are shuttered. We heard this 
morning in the Senate Judiciary Committee from the Director of the 
National Security Agency, Keith Alexander, that as ``each day goes by, 
the impact and the jeopardy [of a shutdown] to the safety and security 
of this country will increase.'' That is true, but the toll of 
this needless exercise is just beginning to be felt.

  While some decry Federal spending as though it were some kind of 
communicable disease, millions of American families--Republicans, 
Democrats, Independents--rely on government-supported programs that 
provide the very lifeline keeping them afloat. Key nutrition programs 
like the Supplemental Nutrition Assistance Program support 100,000 
Vermonters. Another 1,600 children and families benefit from Head 
Start. They are the ones who are going to create and run our jobs in 
the next generation. More than 117,000 seniors are enrolled in 
Medicare, and close to 200,000 Vermonters are enrolled in Medicaid. 
These Vermonters will continue to receive assistance through the 
shutdown, but at what pace, when and for how long is uncertain. They do 
not know how long this is going to continue.
  The shutdown is hurting in other areas, too. Buyers hoping to 
purchase a home with a loan from the Federal Housing Administration 
will be turned away. Can you imagine that ripple effect, when real 
estate has finally started to pick back up?
  What they are saying is: oh, the economy; we worry about the economy. 
They are trying to kill the economy by not letting the Federal Housing 
Administration work.
  Our Nation's readiness to respond is threatened. In Vermont alone, 
450 technicians in the National Guard were furloughed yesterday, and 
another 100 were released from active orders. That has a financial 
effect, of course, but the national security effects are amazing.
  In Vermont we have a lot of agriculture. For farmers in Vermont 
requiring assistance from the Department of Agriculture, there is no 
one in the field and no one in the office; over 200 USDA workers--who, 
especially at this time of the year, are there to help Vermonters--have 
been forced to close up shop as a result of the shutdown.
  WIC, the supplemental food program for pregnant women and young 
children is 100 percent federally funded; there is only two weeks of 
funding available in Vermont for the nearly 16,000 participants in the 
State.
  We will say in two weeks, sorry, child, or sorry, pregnant woman, we 
cannot feed you. Can you just wait until we get our act together? We 
are eating very well, but could you go without food for a few weeks 
because we have a few more press conferences and a few more photo ops?
  What will happen to them? Our Republican colleagues in the House will 
not say. They apparently do not care.
  Just yesterday, my office heard from one Vermont organization, Rural 
Edge. With the assistance of the USDA Rural Rental Housing Loan 
Program, Rural Edge is building much needed affordable rental housing 
in St. Johnsbury, VT. The time has come for Rural Edge to pay their 
contractor. They have the money, but nobody is home at USDA's Rural 
Development office to authorize the payment, and the work is likely to 
stop. People are apt to be laid off. Winter is going to come, and the 
time to construct this affordable housing will be lost. This is just 
one of countless examples of how this needless shutdown has already 
started to impact my State. Every Senator could tell similar stories.
  Many Americans think a government shutdown is a Washington, D.C. 
problem, and that the hundreds of thousands of Federal workers 
furloughed live in or near the Nation's capital. Nothing could be 
further from the truth. Federal agencies operate in all 50 States. We 
know that. More than 40 Federal agencies operate in Vermont, from the 
Department of Homeland Security, to the U.S. Postal Service, the 
Veterans Administration to the Department of Defense, the Department of 
Agriculture to the Department of Justice.
  These agencies employ over over 7,000 people in my little State 
alone. Nearly 1,000 of these employees reported to work on Tuesday only 
to receive a furlough notice. These workers and their families are 
facing an unnecessary financial hardship, all because a handful of 
ideologues in Washington have elected to shut the government down 
rather than come to the table to find an acceptable way to pay our 
bills and respond to the needs of the American people.
  These people have families. They have mortgages. They have payments. 
They have medical expenses. Suddenly, we said: Oh, I am sorry, people; 
Republicans in the House of Representatives--a small segment of them--
are saying, we are making points for our supporters, so tough for you. 
You are not going to find an acceptable way to pay your bills. We want 
you to pay your bills; we are just not going to pay ours.
  Failing to fund the government does not simply mean Federal workers 
are furloughed and government programs are suspended. No. Revenue 
streams for the Federal Government also dry up.
  The Department of Education? Nobody is there to collect on defaulted 
student loans.
  The Department of Justice? Civil fraud investigations and litigation, 
including False Claims Act and fraud cases that bring a lot of money 
back to the government, are on hold.
  They are on hold.
  The Internal Revenue Service? Audits that recoup millions in owed 
taxes

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are suspended. Billions of American taxpayers' dollars invested across 
the country and around the world. A shutdown means no one is home 
monitoring those investments.
  After ping-ponging a continuing resolution back and forth, the House 
of Representatives has now adopted a piecemeal approach to reopening 
the government, agency by agency. Cherry-picking the parts of the 
government they want to fund is no way to fulfill our responsibilities 
to the American people. Come on.

  If they really care about having the government going, they should 
pass the appropriations bills and go to conference. Let's do it without 
being filibustered here by some of their same supporters. Go to 
conference and vote them up or down.
  If Republicans in the House were so concerned with staffing our 
National Parks, they should have passed an Interior appropriations bill 
which would have funded not only the National Park Service, but also 
the Environmental Protection Agency, the Forest Service, and other 
agencies.
  They did not.
  If Republicans in the House want to address funding for individual 
agencies, there is a clear path forward. Let's reopen the government 
and get to the business of passing and conferencing appropriations 
bills in regular order. Let's consider the spending bills that include 
funding for the National Parks and the Smithsonian, but which also 
include funding for wildfire prevention and clean drinking water.
  Let's consider spending bills that fund the District of Columbia, 
along with the Treasury and Federal Judiciary.
  The Democrats in the Senate have passed a continuing resolution to 
fund all Federal agencies and would provide us the time needed to 
consider a path forward over the next 6 weeks. This is a crisis driven 
by a handful of partisans in the House of Representatives who say: No, 
we can't do it.
  Vote after vote, day after day, the Senate has rejected one flawed 
House proposal after another, and still the House has not voted on the 
clean continuing resolution passed by the Senate. For a handful of 
House members, there is no path to compromise to keep our government 
running.
  We are elected officials sent here to make decisions--not slogans--on 
behalf of our constituents. We are sent here to make government work 
for the American people. This Vermonter, like so many others, is sick 
and tired of the politics-as-usual approach that has led to this 
shutdown.
  Let's come to the table. Let's be grownups and do what we said we ran 
to do. Let's work together for the good of the American people, reopen 
the government, and find a responsible and reasonable way to get our 
fiscal house in order.
  It's time for each of us to be a leader, not a sloganeer.
  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. COATS. Mr. President, today is day 2 of the ongoing government 
shutdown, and negotiations to find a resolution to our differences 
remain at a stalemate. Actually, I don't think we can use the word 
``negotiations'' because you really can't negotiate if there is only 
one side at the table. It takes two parties, and there is only one 
party there. Yesterday Majority Leader Reid made it crystal clear when 
he blocked the House Republican proposal to sit down and talk. For 
months we have heard that Republicans need to sit down and talk--from 
the Senate. The House sent over a bill to do just that, and the 
majority leader blocked that.
  To say that the people in my State are frustrated with this type of 
action is an understatement. Hoosiers and Americans are tired of the 
ongoing dysfunction in Washington and the inability of Congress and 
this administration to do our job. We can't do our jobs if we are not 
talking to each other and if the White House continues to be absent.

  I recently learned that the President has called congressional 
leaders from both parties to come to the White House. I initially 
thought that was a positive step, but then I heard the news that the 
White House has already released a statement saying the President is 
doing this to reiterate he will not negotiate. So my question is: What 
is the point? Maybe it is a chance for a photo opportunity, but 
certainly no progress will be made on the stalemate we are addressing 
today, tomorrow, and perhaps for weeks ahead.
  It is ironic that the President is willing to talk and negotiate with 
the President of Iran or the President of Russia but is unwilling to 
negotiate with Republicans or Democrats in the Congress. Sadly, this 
has been the model over at the White House--continued campaigning, 
ignoring governing, and assembling pseudo-campaign-like settings to 
blast Republicans. This is not a helpful strategy to achieve a 
resolution to this shutdown.
  We have seen a series of attempts by House Republicans to send over 
legislation that would at least fund some of the more dysfunctional 
effects of a shutdown. Fortunately, we agreed we will fund our troops. 
They are in harm's way. They have families at home who are trying to 
pay the mortgage, keep things together, buy food for the kids, save 
money for their education. They do all of those things while their 
spouses are overseas defending our country. It would be unconscionable 
to stop their paychecks, and that is the positive step we have taken.
  House Republicans have also offered a number of other initiatives--
all of which has been deep-sixed by the majority leader. They are not 
even allowing debate--we can do that in this morning business time--
under the bill. We simply have a motion to table which does not even 
allow us an up-or-down vote.
  I wish to mention two things that the House is going to send over--
and it may already be here--which is five more proposals and they also 
involve our uniformed soldiers. I am a U.S. Army veteran, but I think 
every American--whether you are a Democrat or Republican, veteran or 
not--would agree we have a duty to remember, honor, and support those 
who have sacrificed so much to protect and defend our country. When 
they complete their service and come home, those veterans deserve to 
receive the care and support they need.
  The House has sent over an act called Honoring Our Promise to 
America's Veterans Act. It is a bill that would provide funding for 
disability payments, the GI bill, education, training, and VA home 
loans under the same conditions as in effect at the end of the just 
completed fiscal year.
  This legislation needs to be brought before us. It needs to be 
debated, and it needs to be passed--hopefully unanimously. I am asking 
the majority leader not to deep-six this legislation. This is too 
important for our veterans, it is needed, and it should be funded. Any 
attempt to deny this, I believe, would be a great disservice to the men 
and women who dedicated so much and put themselves at so great a risk 
to serve in our military.
  Another one of those proposals--and there are five, but I will just 
talk about two--is the Pay Our Guard and Reserve Act. The bill provides 
funding for the pay and allowances of military personnel in the Reserve 
component who are scheduled to report for duty--many as early as this 
weekend. In Indiana, we have over 20,000 reservists and guardsmen. It 
is the fourth largest Army National Guard in the country and the sixth 
largest National Guard Force out of all of the 54 States, provinces, 
and territories when it is combined with the Air National Guard.
  Indiana is home to two Air National Guard wings: the 122nd Fighter 
Wing in Fort Wayne and the 181st Intelligence Wing in Terre Haute, as 
well as the 434th Air Refueling Wing at Grissom Air Reserve Base.
  The Senate unanimously approved to pay our troops and remove them 
from the crossfire of the government shutdown debate. Let's do the same 
for our reservists and guardsmen who are doing their traditional duty 
of one weekend a month for, as Winston Churchill said, ``They are twice 
the citizen.''
  Some things simply need to rise above politics. Let's join together, 
address this issue, and make sure the men and women who have served our 
country do not pay the price for Washington's failure to govern.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Georgia.
  Mr. ISAKSON. Mr. President, I ask unanimous consent that immediately

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following my remarks, the Senator from Vermont, Mr. Sanders, be 
recognized.
  The PRESIDING OFFICER. Without objection, so ordered.

                          ____________________