[Congressional Record Volume 165, Number 187 (Thursday, November 21, 2019)]
[Senate]
[Pages S6734-S6736]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

    FURTHER CONTINUING APPROPRIATIONS ACT, 2020, AND FURTHER HEALTH 
                         EXTENDERS ACT OF 2019

  The Presiding Officer laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 3055) entitled ``An Act making 
     appropriations for the Departments of Commerce and Justice, 
     Science, and Related Agencies for the fiscal year ending 
     September 30, 2020, and for other purposes.'', with an 
     amendment to the Senate amendment.

  The PRESIDING OFFICER. The Senator from Kentucky.


                Motion to Concur with Amendment No. 1250

  Mr. PAUL. Mr. President, I move to concur in the House amendment to 
the Senate amendment to H.R. 3055, with a further amendment numbered 
1250.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Kentucky [Mr. Paul] moves to concur in the 
     House amendment to the Senate amendment to H.R. 3055, with an 
     amendment numbered 1250.

  The amendment is as follows:

 (Purpose: To reduce the amount appropriated by 1 percent and put the 
   savings towards the Highway Trust Fund and certain Environmental 
              Protection Agency Infrastructure Assistance)

       At the appropriate place in division A, add the following:

     SEC. ___. REDUCTION IN RATE FOR OPERATIONS.

       The Continuing Appropriations Act, 2020 (division A of 
     Public Law 116-59) is further amended by inserting after 
     section 150, as added by section 101 of this division, the 
     following:

     ``SEC. 151. REDUCTION IN CONTINUING APPROPRIATIONS TO PROVIDE 
                   SAVINGS FOR THE HIGHWAY TRUST FUND AND 
                   ENVIRONMENTAL PROTECTION AGENCY INFRASTRUCTURE 
                   ASSISTANCE.

       ``(a) Reduction in Continuing Appropriations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     rate for operations provided by section 101 is hereby reduced 
     by 1 percent.
       ``(2) Exceptions.--The rate for operations shall not be 
     reduced under paragraph (1) for the following:
       ``(A) Amounts made available from the Highway Trust Fund 
     established by section 9503(a) of the Internal Revenue Code 
     of 1986.
       ``(B) Amounts for purposes described in section 147.
       ``(C) For the Environmental Protection Agency, 
     Infrastructure Assistance, amounts made available for the 
     following:
       ``(i) The Clean Water State Revolving Funds and the 
     Drinking Water State Revolving Funds.
       ``(ii) The Water Infrastructure Finance and Innovation Act 
     Program Account.
       ``(iii) The America's Water Infrastructure Act Grant 
     Programs under section 1459A of the Safe Drinking Water Act 
     (42 U.S.C. 300j-19a).
       ``(b) Transfer of Savings.--
       ``(1) Determination of savings.--The Secretary of the 
     Treasury shall determine the amount of the reduction in 
     amounts made available under section 101 of this division 
     that is attributable to subsection (a).
       ``(2) Transfer.--The Secretary of the Treasury shall 
     transfer from the General Fund of the Treasury an amount 
     equal to the amount determined under paragraph (1), as 
     follows:
       ``(A) For the Highway Trust Fund established by section 
     9503(a) of the Internal Revenue Code of 1986, 95 percent of 
     such amount.
       ``(B) For the Clean Water State Revolving Funds and the 
     Drinking Water State Revolving Funds, 3 percent of such 
     amount.
       ``(C) For the Water Infrastructure Finance and Innovation 
     Act Program Account, 1 percent of such amount.
       ``(D) For the America's Water Infrastructure Act Grant 
     Programs under section 1459A of the Safe Drinking Water Act 
     (42 U.S.C. 300j-19a), 1 percent of such amount.
       ``(3) Availability.--Amounts transferred under paragraph 
     (2) shall remain available until expended.''.
  The PRESIDING OFFICER. The Senator from Alabama.


                            Motion to Table

  Mr. SHELBY. Mr. President, I move to table the Paul amendment, but I 
just want to say a few words.
  This continuing resolution before the Senate holds spending at the 
fiscal 2019 levels. An arbitrary 1-percent across-the-board cut on top 
of this--although it sounds good--would be extremely harmful to our 
agencies, particularly our military.
  The Senate handily defeated similar amendments just recently, and I 
hope we will do this today.
  The PRESIDING OFFICER. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I will be brief.
  I agree with the distinguished senior Senator from Alabama. The Paul 
amendment imposes a 1-percent across-the-board cut over last year's 
funding level to the vast majority of discretionary spending for the 
duration of the CR.
  I hope all Members--Republican and Democratic alike--will oppose it 
because it would mean arbitrary cuts in defense and other national 
security programs, cuts to veterans' healthcare, education, childcare, 
opioid programs, just to name a few. It is a simplistic tool that 
ignores the complexities of our Federal budget. It is not a way we 
should govern.
  We have the hard work of making hard choices to fund programs each 
year based on reality. That is what we should do. That is what the 
American people deserve.
  I support increased investment in our Nation's infrastructure. I 
would be happy to work with Senator Paul to ensure these programs 
receive the resources they require.
  I hope he might be able to get some support from the Trump 
administration, which has consistently proposed cutting resources to 
improve our Nation's infrastructure. I hope he might be able to get 
that kind of support, but funding it through an across-the-board cut on 
all other programs, including veterans healthcare, national security, 
and education programs is irresponsible. It is not the answer.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SHELBY. Mr. President, I move to table the Paul amendment and ask 
for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. THUNE. The following Senators are necessarily absent: the Senator 
from Louisiana (Mr. Cassidy) and the Senator from Arkansas (Mr. 
Cotton). 

[[Page S6735]]

  

  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker), 
the Senator from California (Ms. Harris), the Senator from Minnesota 
(Ms. Klobuchar), the Senator from Vermont (Mr. Sanders), and the 
Senator from Massachusetts (Ms. Warren) are necessarily absent.
  The PRESIDING OFFICER (Mrs. Hyde-Smith). Are there any other Senators 
in the Chamber desiring to vote?
  The result was announced--yeas 73, nays 20, as follows:

                      [Rollcall Vote No. 363 Leg.]

                                YEAS--73

     Alexander
     Baldwin
     Bennet
     Blumenthal
     Blunt
     Boozman
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cortez Masto
     Cramer
     Duckworth
     Durbin
     Enzi
     Feinstein
     Gardner
     Gillibrand
     Graham
     Grassley
     Hassan
     Hawley
     Heinrich
     Hirono
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Jones
     Kaine
     King
     Leahy
     Manchin
     Markey
     McConnell
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Perdue
     Peters
     Portman
     Reed
     Roberts
     Rosen
     Rounds
     Rubio
     Schatz
     Schumer
     Scott (FL)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Tester
     Thune
     Toomey
     Udall
     Van Hollen
     Warner
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--20

     Barrasso
     Blackburn
     Braun
     Cornyn
     Crapo
     Cruz
     Daines
     Ernst
     Fischer
     Kennedy
     Lankford
     Lee
     McSally
     Paul
     Risch
     Romney
     Sasse
     Scott (SC)
     Sullivan
     Tillis

                             NOT VOTING--7

     Booker
     Cassidy
     Cotton
     Harris
     Klobuchar
     Sanders
     Warren
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.


                           Order of Business

  Mr. McCONNELL. I ask unanimous consent that the votes following the 
first vote in this series be 10 minutes in length.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                            Motion to Concur

  Mr. McCONNELL. I move to concur in the House amendment to the Senate 
amendment to H.R. 3055.


                             Cloture Motion

  I send a cloture motion to the desk for the motion to concur.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  The bill clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the motion to 
     concur in the House amendment to the Senate amendment to H.R. 
     3055, a bill making appropriations for the Departments of 
     Commerce and Justice, Science, and Related Agencies for the 
     fiscal year ending September 30, 2020, and for other 
     purposes.
         Mitch McConnell, Roy Blunt, Jerry Moran, Richard C. 
           Shelby, Lamar Alexander, Susan M. Collins, John 
           Barrasso, Cindy Hyde-Smith, John Boozman, Lisa 
           Murkowski, Rob Portman, Johnny Isakson, John Thune, 
           Chuck Grassley, Tom Cotton, Pat Roberts.

  Mr. McCONNELL. Madam President, I ask unanimous consent that the 
mandatory quorum call be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. Pursuant to rule XXII, the Chair lays before 
the Senate the pending cloture motion, which the clerk will state.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the motion to 
     concur in the House amendment to the Senate amendment to H.R. 
     3055, a bill making appropriations for the Departments of 
     Commerce and Justice, Science, and Related Agencies for the 
     fiscal year ending September 30, 2020, and for other 
     purposes.
         Mitch McConnell, Roy Blunt, Jerry Moran, Richard C. 
           Shelby, Lamar Alexander, Susan M. Collins, John 
           Barrasso, Cindy Hyde-Smith, John Boozman, Lisa 
           Murkowski, Rob Portman, Johnny Isakson, John Thune, 
           Chuck Grassley, Tom Cotton, Pat Roberts.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
motion to concur in the House amendment to the Senate amendment to H.R. 
3055, a bill making appropriations to the Departments of Commerce and 
Justice, Science, and Related Agencies for the fiscal year ending 
September 30, 2020, and for other purposes, shall be brought to a 
close?
  The yeas and nays are mandatory under the rules.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Louisiana (Mr. Cassidy).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker), 
the Senator from California (Ms. Harris), the Senator from Minnesota 
(Ms. Klobuchar), the Senator from Vermont (Mr. Sanders), and the 
Senator from Massachusetts (Ms. Warren) are necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The yeas and nays resulted--yeas 75, nays 19, as follows:

                      [Rollcall Vote No. 364 Leg.]

                                YEAS--75

     Alexander
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Boozman
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Duckworth
     Durbin
     Feinstein
     Gardner
     Gillibrand
     Graham
     Grassley
     Hassan
     Heinrich
     Hirono
     Hoeven
     Hyde-Smith
     Isakson
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Lankford
     Leahy
     Manchin
     Markey
     McConnell
     McSally
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Peters
     Portman
     Reed
     Roberts
     Rosen
     Rubio
     Schatz
     Schumer
     Scott (SC)
     Shaheen
     Shelby
     Sinema
     Smith
     Stabenow
     Sullivan
     Tester
     Thune
     Udall
     Van Hollen
     Warner
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--19

     Blackburn
     Braun
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Hawley
     Inhofe
     Lee
     Paul
     Perdue
     Risch
     Romney
     Rounds
     Sasse
     Scott (FL)
     Tillis
     Toomey

                             NOT VOTING--6

     Booker
     Cassidy
     Harris
     Klobuchar
     Sanders
     Warren
  The PRESIDING OFFICER. On this vote, the yeas are 75, the nays are 
19.
  Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Under the previous order, all postcloture time is yielded back.
  The question is on agreeing to the motion to concur.
  Mr. THUNE. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The senior assistant legislative clerk called the roll.
  Mr. THUNE. The following Senator is necessarily absent: the Senator 
from Louisiana (Mr. Cassidy).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Booker), 
the Senator from California (Ms. Harris), the Senator from Minnesota 
(Ms. Klobuchar), the Senator from Vermont (Mr. Sanders), and the 
Senator from Massachusetts (Ms. Warren) are necessarily absent.
  The PRESIDING OFFICER (Mr. Young). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 74, nays 20, as follows:

                      [Rollcall Vote No. 365 Leg.]

                                YEAS--74

     Alexander
     Baldwin
     Barrasso
     Bennet
     Blumenthal
     Blunt
     Boozman
     Brown
     Burr
     Cantwell
     Capito
     Cardin
     Carper
     Casey
     Collins
     Coons
     Cornyn
     Cortez Masto
     Cotton
     Cramer
     Crapo
     Duckworth
     Durbin
     Feinstein
     Gardner
     Gillibrand
     Graham
     Grassley
     Hassan
     Heinrich
     Hirono
     Hoeven
     Hyde-Smith
     Isakson
     Johnson
     Jones
     Kaine
     Kennedy
     King
     Lankford
     Leahy
     Manchin
     Markey
     McConnell
     McSally
     Menendez
     Merkley
     Moran
     Murkowski
     Murphy
     Murray
     Peters
     Portman
     Reed
     Roberts
     Rosen
     Rubio
     Schatz
     Schumer
     Shaheen
     Shelby
     Sinema
     Smith

[[Page S6736]]


     Stabenow
     Sullivan
     Tester
     Thune
     Udall
     Van Hollen
     Warner
     Whitehouse
     Wicker
     Wyden
     Young

                                NAYS--20

     Blackburn
     Braun
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Hawley
     Inhofe
     Lee
     Paul
     Perdue
     Risch
     Romney
     Rounds
     Sasse
     Scott (FL)
     Scott (SC)
     Tillis
     Toomey

                             NOT VOTING--6

     Booker
     Cassidy
     Harris
     Klobuchar
     Sanders
     Warren
  The motion was agreed to.
  The PRESIDING OFFICER. The majority leader.

                          ____________________