[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5518-S5521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AFFORDABLE INSULIN ACT NOW--Continued
The PRESIDING OFFICER. The Senator from Indiana.
Mr. BRAUN. I ask unanimous consent that I, Senator Leahy, and Senator
Schumer be permitted to complete our remarks prior to the scheduled
vote.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 5765 to Amendment Numbered 5745
Mr. BRAUN. Mr. President, I call up my amendment No. 5765 and ask
that it be reported by number.
The PRESIDING OFFICER. The clerk will report the amendment by number.
The legislative clerk read as follows:
The Senator from Indiana [Mr. Braun] proposes an amendment
numbered 5765 to amendment No. 5745.
The amendment is as follows:
(Purpose: To amend chapter 2 of title 1, United States Code, to create
requirements for calling an Article V Convention, and for other
purposes)
At the end, add the following:
DIVISION H--CONSTITUTIONAL CONVENTION OF THE UNITED STATES
SEC. 101. DEFINITION.
In this division:
(1) Archivist.--The term ``Archivist'' means the Archivist
of the United States.
(2) Article v convention.--The term ``Article V
Convention'' means a convention as described in Article V of
the Constitution of the United States that is called by
Congress and organized by the Archivist on the application of
the legislatures of \2/3\ of the several States for proposing
amendments that shall be valid to all intents and purposes as
part of the Constitution of the United States when ratified
by the legislatures of \3/4\ of the several States, or by
conventions in \3/4\ thereof, as one or the other mode of
ratification may be proposed by Congress.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Article V of the Constitution of the United States
requires that ``The Congress . . . on the Application of the
Legislatures of two thirds of the several States, shall call
a Convention for proposing Amendments'' to the Constitution
of the United States.
(2) Since the first application approved by a State for an
Article V Convention in 1788, 42 States in total have
submitted applications.
(3) The Constitution of the United States states that an
Article V Convention shall be called upon the active
application of \2/3\ of the States. Such application occurs
when a State, through its legislature, approves a petition
for an Article V Convention. The threshold of applications
from \2/3\ of the States to require an Article V Convention
has been met several times, as--
(A) in 1979, there were 39 active applications;
(B) in 1983, there were 40 active applications; and
(C) not less than 34 States have filed active applications
as recently as 2021.
(4) Alexander Hamilton in The Federalist No. 85 stated that
``The Congress `shall call a convention'. Nothing in this
particular is left to the discretion of that body''.
(5) Beginning in 1979, the Federal Government failed in its
constitutional duty to count applications and organize an
Article V Convention. Since that time, the debt of the United
States has increased to more than $30,000,000,000,000 from
$830,000,000,000.
(6) The unanimous opinion of the United States Supreme
Court in Chiafalo v. Washington, 140 S. Ct. 2316, 2328 (2020)
stated, ``electors . . . have no ground for reversing the
vote of millions of its citizens. That direction accords with
the Constitution--as well as with the trust of the Nation
that here, We the People rule.''.
SEC. __3. DUTIES OF ARCHIVIST RELATING TO STATE APPLICATIONS
FOR CALLING FOR CONVENTIONS OF STATES FOR
PROPOSING CONSTITUTIONAL AMENDMENTS.
(a) Duties Described.--Chapter 2 of title 1, United States
Code, is amended by inserting after section 106b the
following:
``Sec. 106c. Duties relating to State applications calling
for Article V Conventions
``(a) Definitions.--In this section:
``(1) Archivist.--The term `Archivist' means the Archivist
of the United States.
``(2) Article v convention.--The term `Article V
Convention' means a convention as described in Article V of
the Constitution of the United States that is called by
Congress and organized by the Archivist on the application of
the legislatures of \2/3\ of the several States for proposing
amendments that shall be valid to all intents and purposes as
part of the Constitution of the United States when ratified
by the legislatures of \3/4\ of the several States, or by
conventions in \3/4\ thereof, as one or the other mode of
ratification may be proposed by Congress.
``(b) Certification and Notification.--
``(1) In general.--Not later than 30 days after receiving
an application of a State calling for an Article V
Convention, the Archivist shall authenticate, count, and
publish,
[[Page S5519]]
on a publicly available website, such applications, together
with any resolution of any State to rescind any such previous
application submitted by that State.
``(2) Existing applications.--Not later than 180 days after
the date of enactment of this section, the Archivist shall
authenticate, count, and publish all applications of a State
calling for an Article V Convention received before the date
of enactment of this section.
``(c) Certification and Notification Requirements.--Upon
receipt and authentication by the Archivist under subsection
(b) of applications calling for an Article V Convention of
the legislatures of \2/3\ of the several States which have
not been rescinded, the Archivist shall publish in the
Federal Register a certification that \2/3\ of the several
States have called for the Article V Convention, together
with a list of the States submitting applications calling for
the Article V Convention.''.
(b) Clerical Amendment.--The table of sections for chapter
2 of title 1, United States Code, is amended by inserting
after the item relating to section 106b the following:
``106c. Duties relating to State applications calling for Article V
Conventions.''.
Mr. BRAUN. Mr. President, my home State of Indiana is America's
heartland. I have traveled to every county, listened to businesses,
schools, churches. I think that is where we need to get our cue in
terms of what needs to be done. Farmers, as well, are in the middle of
something they never faced before--probably the toughest job and
business out there. It has never been tougher.
The American people are strong and resilient, but they are
represented by a government here that is not necessarily the same.
Sometimes they get scoffed at, but they live within their household
budgets. State and local governments have guardrails. But, naturally,
they do it anyway because they know you can't borrow money from future
generations and spend it today--bad business plan.
For this reason, I think the U.S. Congress is broken because we have
kept shoving this issue down the road. We haven't done a budget that we
adhered to in nearly 20 years. The last time we did it, we were most
ingenious about how to unravel it--roughly 10 years ago.
When they look at our capital, they see a twisted knot of lobbyists,
corporate interests, and a mountain of debt that just gets higher and
higher.
We now spend over a trillion dollars more each year than we take in,
and, recently, that has gone up to $1.5 trillion. To normalize that
just does not make sense. We are here twiddling our thumbs while our
kids' and grandkids' future goes up in smoke. Every American family is
paying for our failures here.
Congress, as a whole, and particularly this body, seem to have no
interest in turning this big ship away from the rocks. In the past
year, I have brought to the floor four chances to do something. I
offered a complete Federal budget that would match our spending and our
revenues that are historical in nature. Only 34 Senators voted for it.
It would have preserved Social Security, Medicare, and defense, just
bringing it in line with what is sustainable.
I offered an amendment that if we fail to get our budget and
appropriations bills done on time, by the deadline, which is like in a
few days for this year, we don't get paid until we do so. Forty-seven
Senators voted for it--close, but still not there.
I offered an amendment to cut pet projects through earmarks from our
huge spending bill. It only got 35 votes. And we were doing that for
almost 10 years, and now we have actually backslid into that bad
behavior.
I offered an amendment to require a balanced budget, like so many
States have--they live in fiscal sanity--47 votes, short again.
The Framers of our Constitution saw this coming. They had to raise
revenue, especially back then, to do whatever they wanted to do. There
were also checks and balances.
Congress isn't just balanced by the Supreme Court and the President,
but also by the States. Article V of our Constitution gives the States
the power to pick up the slack when Congress refuses to act, where it
doesn't exercise discipline, good behavior, what all of us expect.
I believe the House and the Senate desperately need two things: term
limits--the Founders never imagined people would come here and like
that better than what they did before. Washington and Jefferson hurried
back to their farms and their businesses. That is not the case anymore.
If we keep doing it the way we are, we are going to get increasingly,
increasingly deeper in the hole. With term limits, we get a class of
political entrepreneurs here who have actually done something in the
real world, before they think they can run the biggest business in the
world and deliver such poor results.
If two-thirds of the States petition to call a constitutional
convention, we could take power away from the DC establishment and put
it back in the hands of the American people. You are not going to
believe how close that has come and how close it is currently. But the
swamp, I think, knows it. That is why each time the right number of
petitions have been filed, Congress refused to call the convention.
The last time was as recently as last year. Today, 32 States have
active applications for the convention. We need 34. It was actually at
the level or above until a few States rescinded that.
This plan is extremely popular because it makes sense. It puts
political will and backbone into this place that we don't normally
have. And a recent poll by Trafalgar found that 65 percent of likely
voters agree with that. If you take either term limits or balanced
budgets by themselves, it gets up close to 85 or 90 percent, and, in
this poll, 81 percent of Republicans, 63 percent of Independents--who I
think elect the swing State Senators and the President; so we ought to
be really paying attention to them--and 50 percent of Democrats.
There is no Federal Government body managing this process. It is too
easy for Congress to ignore what the States have done.
My amendment would be very, very simple. It would direct the
Archivist, who has all of these petitions somewhere in a drawer, to
publish them as they come in so all of us can see what the people are
thinking.
We have conveniently just overlooked it or ignored it. It adds what
we should all be for: transparency, having people be able to see what
is going on here, and especially for something like this.
America is the most powerful country in history because we are
founded on the rock of the Constitution. So simple and direct, it can
all be right in here. We need to pay more attention to it.
The Framers were also wise to have a tool for the people and the
States when Congress refuses to act on things so critical. Considering
how broken and dysfunctional this place is currently and the dire
threats we face from our debt and inflation crisis, you would think
now, more than any other time in our country's history, that this would
be at the forefront and we would at least give it to the States to
weigh in and not hide it in a drawer somewhere.
When each one of us swore in as Senator, we didn't swear our
allegiance to our political party. We did it to the Constitution. We
didn't promise to support the Washington establishment. We did it to
the people, to the Constitution.
It is in support of the American people and in defense of the
Constitution that I come here to the floor today. It is not going to be
litigated on the floor today, but I can tell you, for the time that I
am here, I am not going to let the American public forget it.
And we have another critical date in the middle of December, 2\1/2\
months away, and I think that will be a place where it will even be
more important, and I am going to try to make the case in the meantime
that we at least don't keep in a drawer, hidden away somewhere, what
the American people want.
I yield the floor.
The PRESIDING OFFICER. The Senator from Vermont.
H.R. 6833
Mr. LEAHY. Mr. President, before I begin, I wanted to acknowledge
that this morning, countless Floridians woke up to a world turned
upside down in the wake of Hurricane Ian. Hundreds of thousands in
Puerto Rico remain without power more than 10 days after the storm that
ravaged the island.
I want them to know that Vermonters will stand by your side as you
rebuild your communities and
[[Page S5520]]
your lives, and so will Republicans and Democrats in this Chamber.
Now, the continuing resolution we are about to consider contains
$18.8 billion for the FEMA Disaster Relief Fund, which would bring
available resources in the fund to approximately $35 billion to respond
to these and other disasters.
We likely are not going to know the extent of the damage for several
days. Every time you watch the news you hear of more damage. But I
remind my colleagues that we are the United States of America, and I am
ready to work with my colleagues to respond with what is needed.
I do not care whether a State is represented by Democrats or
Republicans. You are part of the United States of America, and as
chairman of the Appropriations Committee, I will work with you during
the months ahead to get the funds you need.
Now, that said, I am glad we have reached an agreement to fund the
Federal Government through December 16, and I want to thank my good
friend Vice Chairman Shelby for working on this. But I especially want
to thank Leaders Schumer and McConnell for their work and cooperation
in reaching this point. They both understand the need to go forward.
I am glad that we were able to secure $1 billion to bolster LIHEAP
ahead of the winter heating season. My home State of Vermont will
receive an infusion of $5.7 million from this funding. Now, that is
going to go a long way to help families pay their bills when they are
faced with rising fuel costs and plummeting temperatures. It helps them
not to have to make the decision ``do I eat or heat.''
The bill also includes $12.35 billion in emergency assistance for
Ukraine, $2.5 billion to support recovery efforts for the Hermit's
Peak-Calf Canyon fire in New Mexico; $2 billion in community
development block grants to help communities recovering from major
disasters in 2021 and 2022.
I am disappointed that some of my Republican colleagues blocked
additional funding to combat COVID-19 or monkeypox. I will continue to
work with Republicans and Democrats to secure these necessary resources
in the omnibus.
And, finally, I want to be clear. This is only a temporary measure.
As the chairman of the Appropriations Committee, I am committed to
completing the work of the committee before the end of this Congress.
Running on autopilot after December with rising inflation would be
irresponsible. It would leave priorities of both Republicans and
Democrats underfunded and underresourced. The Federal Government funds
programs that the American people rely on. We should do the job that
the American people sent all of us--all 100 of us--here to do.
I want to thank Vice Chairman Shelby's staff. As I said earlier, I
thank the majority leader and the Republican leader for their help and
cooperation in bringing this together. I also want to thank my staff,
Charles Kieffer, Chanda Betourney--there are too many names to mention,
but these are people who worked through recesses, weekends, long hours,
long nights. I get to go home by midevening. They stay there most of
the night to get it done.
Mr. President, I ask unanimous consent to have printed in the Record
all of the names of our staff at the end of my speech.
The continuing resolution is a strong bill, and it is a bipartisan
bill. I urge my colleagues to accept it.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Democratic Staff
1. Charles Kieffer
2. Chanda Betourney
3. Aaron Goldner
4. Abigal Grace
5. Alex Carnes
6. Alex Keenan
7. Amanda Hill
8. Amy Smith
9. Andrew Platt
10. Andy Vanlandingham
11. Angela Caalim
12. Anthony Sedillo
13. Ben Hammond
14. Blaise Sheridan
15. Brigid Kolish
16. Dabney Hegg
17. Diana G. Hamilton
18. Dianne Nellor
19. Doug Clapp
20. Ellen Murray
21. Fiona O'Brien
22. Frank Reed
23. Hannah Chauvin
24. Jason McMahon
25. Jay Tilton
26. Jennifer Becker-Pollet
27. Jennifer Piatt
28. Jennifer Winkler
29. Jessica Berry
30. Jessica Sun
31. Jim Daumit
32. Joanne Hoff
33. John Lucio
34. Kali Farahmand
35. Kami White
36. Kate Kaufer
37. Kathryn Toomajian
38. Katy Hagan
39. Kelly Brown
40. Kelsey Daniels
41. Laura Powell
42. Lindsay Erickson
43. Maddie Dunn
44. Madeleine Granda
45. Maria Calderon
46. Mark Laisch
47. Martha Roberts
48. Meghan Mott
49. Melissa Zimmerman
50. Michael Bednarcyzk
51. Michael Gentile
52. Michelle Dominguez
53. Mike Clementi
54. Rachel Erlebacher
55. Rajat Mathur
56. Richard Braddock
57. Robert Leonard
58. Ryan Hunt
59. Sarita Vanka
60. Teri Curtin
61. Tim Rieser
62. Valerie Hutton
Mr. LEAHY. I yield the floor.
The PRESIDING OFFICER. The majority leader.
Mr. SCHUMER. Mr. President, in a few moments we will vote on the
continuing resolution to fund the government through mid-December.
This legislation avoids a very bad thing, shutting down the
government, and does a lot of good things: money for the people of
Ukraine, funding for communities reeling from natural disasters, aid to
families with their heating bills--just to name a few. I am very
thankful to all the Senators, particularly Chairman Leahy and Ranking
Member Shelby, who made this possible.
This is commonsense, bipartisan legislation, following many other
bipartisan bills that we have done in this session, and I am glad that
we came to a timely conclusion and didn't go right up to the brink and
risk a shutdown. Millions and millions of people can breathe easy
knowing that we have done this in a timely way and the money to
continue the government will be there.
Of particular importance is the money to Ukraine. These people have
struggled so valiantly. Make no mistake about it. American weaponry and
help have helped them turn the tide of the war. We cannot stop now, and
we are not going to.
The heat program is so important. Winter is coming upon us. The
program is running out of money. While we probably will get more money
in the omnibus in December, between now and Christmas, there are going
to be a lot of cold days, and people are going to need that heat money.
The money for natural disasters--in my judgment, as a result of
climate change, we have many more disasters, so we need more help, and
this will go to many States and many parts of the country.
So I want to thank, again, Senator Leahy. I want to thank Senator
Shelby. I want to thank the members of the Appropriations Committee. I
want to thank all the staff--mine and others--who worked so long and
hard to get this done.
I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
Under the previous order, all motions and amendments other than
amendment No. 5745 are withdrawn; amendment No. 5745 is agreed to; and
the bill, as amended, is considered read a third time.
The amendment (No. 5745), in the nature of a substitute, was agreed
to.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
Vote on H.R. 6833
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill, as amended, pass?
[[Page S5521]]
The clerk will call the roll.
The legislative clerk called the roll.
Mr. THUNE. The following Senators are necessarily absent: the Senator
from Utah (Mr. Lee), the Senator from Ohio (Mr. Portman), and the
Senator from Florida (Mr. Rubio).
Further, if present and voting, the Senator from Utah (Mr. Lee) would
have voted ``nay.''
The result was announced--yeas 72, nays 25, as follows:
[Rollcall Vote No. 351 Leg.]
YEAS--72
Baldwin
Bennet
Blumenthal
Blunt
Booker
Boozman
Brown
Burr
Cantwell
Capito
Cardin
Carper
Casey
Cassidy
Collins
Coons
Cornyn
Cortez Masto
Cotton
Duckworth
Durbin
Ernst
Feinstein
Gillibrand
Graham
Grassley
Hassan
Heinrich
Hickenlooper
Hirono
Hyde-Smith
Kaine
Kelly
Kennedy
King
Klobuchar
Leahy
Lujan
Manchin
Markey
McConnell
Menendez
Merkley
Moran
Murkowski
Murphy
Murray
Ossoff
Padilla
Peters
Reed
Romney
Rosen
Sanders
Schatz
Schumer
Shaheen
Shelby
Sinema
Smith
Stabenow
Sullivan
Tester
Tillis
Van Hollen
Warner
Warnock
Warren
Whitehouse
Wicker
Wyden
Young
NAYS--25
Barrasso
Blackburn
Braun
Cramer
Crapo
Cruz
Daines
Fischer
Hagerty
Hawley
Hoeven
Inhofe
Johnson
Lankford
Lummis
Marshall
Paul
Risch
Rounds
Sasse
Scott (FL)
Scott (SC)
Thune
Toomey
Tuberville
NOT VOTING--3
Lee
Portman
Rubio
(Mr. VAN HOLLEN assumed the Chair.)
The PRESIDING OFFICER (Ms. Smith). On this vote, the yeas are 72, the
nays are 25.
The 60-vote threshold having been achieved, the bill, as amended, is
passed.
The bill (H.R. 6833), as amended, was passed.
Mr. SCHUMER. Madam President, the CR is a great bipartisan bill that
is going to help a whole lot of people, and we are keeping the
government open with ample time.
____________________